Document ID: chunk:federal_register_of_legislation:C2004A02639:schedule:12:p36
Version: federal_register_of_legislation:C2004A02639
Segment Type: schedule
Provision Reference: sch 12 (pt 36/42)
Character Range: 92333–95064

section 295a of the Principal Act the following section is inserted:

Certain provisions of Part not applicable to certain wrecks
"295b. (1) The provisions of sections 302 to 312 (inclusive), section 314 and Divisions 3 and 4 do not apply in relation to a wreck—
     (a) that is a historic shipwreck or historic relic within the meaning of a law of a State or of the Northern Territory that relates to shipwrecks or relics of historic significance; and
     (b) in relation to which the provisions of that law apply.
"(2) Where the provisions referred to in sub-section (1) (in this sub-section referred to as the 'relevant provisions') cease to apply in relation to a wreck to which sub-section (1) applies, section 8 of the Acts Interpretation Act 1901 has effect in respect of any previous application of the relevant provisions in relation to that wreck as if the relevant provisions had been repealed by another Act with effect from the date on which they so ceased to apply, but nothing in this sub-section precludes the relevant provisions from again applying in relation to that wreck if it subsequently ceases to be a wreck to which sub-section (1) applies.".

Removal of wrecks on or near coast
177. Section 329 of the Principal Act is amended by inserting after sub-section (3) the following sub-section:
"(3a) The Minister shall not exercise any of the powers referred to in sub-section (1) in relation to a wreck to which sub-section 295b (1) applies unless in his opinion it is necessary to do so for the purpose of—
     (a) saving human life;
     (b) securing the safe navigation of ships; or
     (c) dealing with an emergency involving a serious threat to the environment.".

Interpretation
178. Section 330 of the Principal Act is amended by omitting from sub-section (1) the definition of "Convention" and substituting the following definitions:

     "'Convention' means the International Convention relating to the limitation of the liability of owners of sea-going ships signed at Brussels on 10 October 1957, a copy of the English text of which is set forth in Schedule 6, as amended by the Protocol;
     "'the Protocol' means the Protocol amending the International Convention relating to the limitation of the liability of owners of sea-going ships signed at Brussels on 10 October 1957, being the Protocol a copy of the English text of which is set forth in Schedule 6a.".

Regulations, &c.
179. Section 336 of the Principal Act is amended by omitting from paragraph (1) (b) "franc" and substituting "units of account".

Penalties for certain offences
180. Section 392 of the Principal Act is amended by inserting in paragraph (2) (a) ", or both" after "4 years".

Tonnage measurement regulations
181.