(1) If:
(a) the controller of a vessel is given a notice under section 218 to transport a non - citizen; and
(b) the controller was a carrier of the non - citizen; and
(c) paragraphs 213(1)(a) and (b) apply to the non - citizen;
then the Commonwealth is not liable for the costs of transporting the non - citizen.
(2) If:
(a) the controller of a vessel is given a notice under section 218 to transport a non - citizen; and
(b) subsection (1) does not apply;
then:
(c) the Commonwealth is liable to pay the controller's costs of the transport; and
(d) sections 210 to 216 apply to the transport and those costs.