Document ID: chunk:federal_register_of_legislation:C2012A00129:clause:2_40
Version: federal_register_of_legislation:C2012A00129
Segment Type: clause
Provision Reference: sch 2 cl 40
Character Range: 16104–17643

40  Subsection 6(3)
Repeal the subsection, substitute:
 (3) This Act also applies in relation to:
 (a) a vessel that would be an off‑shore industry vessel within the meaning of the Navigation Act 1912 if that Act had not been repealed and either:
 (i) was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8A(2) of that Act; or
 (ii) is covered by a declaration in force under subsection (3AB) of this section; or
 (b) a ship that would be a trading ship within the meaning of the Navigation Act 1912 if that Act had not been repealed and either:
 (i) was, immediately before the repeal of that Act, covered by a declaration in force under subsection 8AA(2) of that Act; or
 (ii) is covered by a declaration in force under subsection (3AB) of this section.
 (3AA) However, this Act does not apply because of subsection (3) to a vessel or ship that is covered by a declaration in force under subsection (3AC).
 (3AB) The Authority may declare in writing that this Act applies to a vessel or ship that would be an off‑shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.
 (3AC) The Authority may declare in writing that this Act does not apply because of subsection (3) to a vessel or ship that would be an off‑shore industry vessel, or a trading ship, within the meaning of the Navigation Act 1912 if that Act had not been repealed.
 (3AD) A declaration made under subsection (3AB) or (3AC) is not a legislative instrument.