Commonwealth Consolidated Acts

NAVIGATION ACT 2012 - SECT 251

  (1)   AMSA is liable to pay to the owner of a vessel a reasonable amount of compensation:

  (a)   for the costs of, or incidental to, the detention of the vessel; and

  (b)   for any loss or damage incurred by the owner as a result of the detention of the vessel;

if the detention of the vessel was not reasonable in the circumstances.

  (2)   If:

  (a)   a vessel is detained under this Part; and

  (b)   AMSA incurs costs in connection with, or incidental to, the detention of the vessel; and

  (c)   the detention was reasonable in the circumstances;

the owner of the vessel is liable to pay to AMSA compensation of a reasonable amount in respect of the detention of the vessel.

  (3)   If AMSA and the owner of the vessel do not agree on the amount of compensation payable under subsection   (1) or (2), AMSA or the owner may institute proceedings in an eligible court for the recovery from the owner or AMSA of such reasonable amount of compensation as the eligible court determines.