Commonwealth Numbered Acts

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NAVIGATION AMENDMENT ACT 1980 No. 87, 1980 - SECT 82

Summary determinations of disputes as to salvage
82. (1) Section 318 of the Principal Act is amended-

   (a)  by omitting from paragraph (b) of sub-section (1) "$2,000" and
        substituting "$20,000";

   (b)  by omitting from paragraph (c) of sub-section (1) "$600" and
        substituting "$5,000";

   (c)  by omitting sub-section (2) and substituting the following
        sub-section:



"(2) Disputes as to salvage may be determined by the Supreme Court of a State
or, to the extent that the Constitution permits, the Supreme Court of the
Australian Capital Territory or the Supreme Court of the Northern Territory,
but, if the claimant does not recover more than $5,000, he is entitled to
recover only such costs as the Court allows, being costs not exceeding
reasonable costs of the scale usually allowed in any inferior Court in which
the case might have been brought in the State or Territory, unless the Court
certifies that the case is a fit one to be tried otherwise than summarily.";
and

   (d)  by adding at the end of sub-section (3) "or Territory".

(2) The amendments of section 318 of the Principal Act made by sub-section (1)
shall not affect the hearing and determination of proceedings in respect of a
claim relating to salvage that were instituted before the commencement of
this section. 


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