SCHEDULE 3 - Transitional and savings provisions

Section 55

1.    Accounts

(1) Any account maintained in the name of the former Authority immediately before the commencement day is, on that day, taken to be an account maintained in the name of the Marine and Safety Authority.

(2) Any funds in an account referredto in subclause (1) are, on the commencement day, taken to be funds of the Marine and Safety Authority.

2.    Money claims

(1) Any money, debt or claim payable by, due from or recoverable against the former Authority immediately before the commencement day is, on that day, payable by, due from or recoverable against the Marine and Safety Authority.

(2) Any money, debt or claim payable to, due to or recoverable by the former Authority immediately before the commencement day is, on that day, payable to, due to or recoverable by the Marine and Safety Authority.

3.    Proceedings

A judgment by order of a court obtained by or against the former Authority before the commencement day is, on or after that day, enforceable by or against the Marine and Safety Authority.

4.    Documents

A document addressed to the former Authority before the commencement day may, on or after that day, be served on the Marine and Safety Authority.

5.    Contracts

Any contract made by the former Authority before the transfer day and not performed or discharged before that day is, on that day, taken to have been made by the Marine and Safety Authority.

6.    Actions

Any act done or omitted to be done before the commencement day by, to or in respect of the former Authority is taken to have been done or omitted to be done by, to or in respect of the Marine and Safety Authority.

7.    References to former Authority

A reference in any Act or other document to the former Authority is taken to be a reference to the Marine and Safety Authority.

8.    Regulations and by-laws

(1) Any regulations in force under the former Act immediately before the commencement day are, on that day, taken to be by-laws made by the Marine and Safety Authority under this Act until whichever of the following occurs first:

(a) they are rescinded under this Act;

(b) 31 December 2000.

(2) Any by-laws made by the former Authority and in force immediately before the commencement day are, on that day, taken to be by-laws made by the Marine and Safety Authority under this Act until whichever of the following occurs first:

(a) they are rescinded under this Act;

(b) 31 December 2000.

9.    Certificates

(1) A certificate of competency in force under the former Act immediately before the commencement day continues, on that day, to be in force until it expires.

(2) A certificate of survey in force under the former Act immediately before the commencement day continues, on that day, to be in force until it expires.

(3) An exemption certificate in force under the former Act immediately before the commencement day continues, on that day, to be in force until whichever of the following occurs first:

(a) it expires;

(b) the end of a period of 2 years after that day.

10.    Licences and permits

Any licence or permit in force under the former Act immediately before the commencement day continues, on that day, to be in force for a period of 12 months after that day.

11.    Pilots

A person appointed or licensed as a pilot by a former board immediately before the commencement day continues, on that day, to be a pilot for the purposes of this Act for a period of 6 months.

12.    Staff of former Authority

(1) Any person employed by the former Authority immediately before the commencement day is, on that day, transferred as an employee of the Marine and Safety Authority.

(2) The period of employment of a person referred to in subclause (1) is not broken because of being transferred as an employee of the Marine and Safety Authority.

(3) A person referred to in subclause (1)  –

(a) retains all rights and entitlements on being transferred to the Marine and Safety Authority; and

(b) is not entitled to any compensation in respect of that transfer.

13.    Detention of vessel

(1) A vessel detained under the former Act for non-payment of fees, dues or charges continues, on that day, to be detained until the unpaid fees, dues or charges are paid.

(2) A vessel detained under Division 4 of Part XIII of the former Act continues, on the commencement day, to be detained until the matter is dealt with under that Act.

14.    Appeals

Any appeal instituted under the former Act and not determined before the commencement day may, on or after that day, be determined under that Act as if any reference to the former Authority were a reference to the Marine and Safety Authority.