Commonwealth Consolidated Regulations

FISHERIES MANAGEMENT REGULATIONS 1992 - REG 10

         (1)   For the purposes of section 106K of the Act, this regulation sets out the principles to be applied to the determination of costs incurred by or on behalf of the Commonwealth that are directly attributable to the conduct of pursuit activities in relation to foreign boats.

         (2)   If an officer gives a direction to the master of a foreign boat in accordance with paragraph 84 (1) (aa), (k) or (l) of the Act and the master does not comply, the pursuit is taken to have begun when the officer gave the direction.

         (3)   A pursuit ends when the pursued boat arrives at the processing place determined by AFMA to be the processing place in relation to the boat.

         (4)   The categories of costs that may be recovered include:

                (a)    the costs of all personnel involved in the pursuit, whether on board a pursuing boat or providing land-based support to the pursuit; and

               (b)    the overtime costs of any personnel of an agency involved in the pursuit who are required to attend in excess of their normal hours because of the pursuit; and

                (c)    any accommodation, relocation, travel or like costs associated with providing the personnel mentioned in paragraphs (a) and (b) to undertake, continue or support the pursuit; and

               (d)    any costs in relation to the use of boats or aircraft in the pursuit, including the costs of repair for any damage incurred by such a boat or aircraft; and

                (e)    the costs of the use of services or equipment (electronic or otherwise) associated with surveillance of the pursued boat; and

                (f)    the costs of the use of services or equipment associated with maintaining communication between agencies involved in the pursuit; and

               (g)    the costs of any ancillary services required to maintain the pursuit -- for example, necessary medical, legal or other professional assistance or advice; and

               (h)    any other costs that have arisen as a consequence of the pursuit and the apprehension of the foreign boat and bringing it to a processing place.