Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 106S

                   In any proceedings of the kind referred to in subsection 106Q(1) that are brought by the owner of a foreign boat against the Commonwealth to contest a debt for pursuit costs:

                     (a)  the onus lies on the owner to establish, on the balance of probabilities, that the boat is not forfeited to the Commonwealth; and

                     (b)  the onus lies on the Commonwealth to establish, on the balance of probabilities:

                              (i)  that the circumstances set out in subparagraph 106L(1)(b)(i) or (ii) and in paragraph 106L(1)(c) apply in relation to the boat; and

                             (ii)  that the pursuit costs notified in relation to the boat are reasonable and have been correctly worked out.