Western Australian Current Acts

PORT AUTHORITIES ACT 1999 - SECT 110

110 .         Recovering port authority’s s. 107 costs

        (1)         A port authority may recover —

            (a)         the costs of exercising the powers in section 107 from the owner of the vessel or dangerous thing; or

            (b)         the cost of exercising the powers in section 109 from the owner, master, or person in charge, of the vessel or the owner of the dangerous thing,

                in a court of competent jurisdiction as a debt due to the port authority.

        (2)         A port authority may recover the costs of exercising the powers in section 107 by selling the vessel or dangerous thing.

        (3)         The proceeds of a sale are to be applied —

            (a)         first to the expenses of the sale; and

            (b)         second to the costs of exercising the powers in section 107,

                and the balance, if any, is to be paid to the owner of the vessel or dangerous thing but, if the identity or whereabouts, or both, of the owner cannot be ascertained, that balance is to be paid to the Treasurer.

        (4)         The powers in subsections (1) and (2) may be exercised together.