Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p23
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 57884–60741

is a historic wreck, the Authority must not exercise any of the powers referred to in that subsection unless in its opinion it is necessary to do so for the purposes of:

  (a) saving human life; or

  (b) securing the safe navigation of ships; or

  (c) dealing with an emergency involving a serious threat to the environment.

"(4) The Authority shall not exercise any of the powers referred to in subsection (1) in relation to a wreck to which subsection 295B(1) applies unless in its opinion it is necessary to do so for the purpose of:

  (a) saving human life; or

  (b) securing the safe navigation of ships; or

  (c) dealing with an emergency involving a  serious threat to the environment.

    "(5) Section 2 does not have effect in relation to this section."

43 Sections 315 and 317:

  Repeal the sections, substitute:

Certain provisions of Salvage Convention to have force of law

"315. Articles 6 to 8, 12 to 19, 21 to 22, 26 and 30 of the Salvage Convention and the common understanding concerning Articles 13 and 14 of the Salvage Convention have the force of law in Australia.

SCHEDULE 1—continued

Application of this Division

"316.(1) Subject to subsections (2) and (3), this Division applies whenever judicial or arbitral proceedings relating to the provision of salvage operations are brought in Australia.

"(2) The Division does not apply to:

  (a) off-shore industry fixed structures; or

  (b) off-shore industry mobile units;

that are on location engaged in the exploration for, or the exploitation or production, of natural resources.

"(3) This Division does not apply to any salvage operation:

  (a) that takes place in inland waters and that involves vessels all of which are of inland navigation; or

  (b) that takes place in inland waters and does not involve a vessel; or

  (c) to the extent that it involves property:

    (i) that is maritime cultural property of prehistoric, archaeological or historic interest; and

    (ii) that is situated on the seabed.

Application of section 2 to this Division

"317. Unless otherwise specified, section 2 does not apply to this Division.".

44. Subsection 317A(2):

  (a) Omit "a fine not exceeding $20,000 or".

  (b) Omit "or both".

45. Subsection 317A(3):

  Omit "salvage", substitute "make a claim in respect of a salvage operation".

46. Division 4:

  Repeal the Division.

47. Division 6:

  Repeal the Division.

48. Heading to Division 7:

  Omit the heading.

49. Section 329A:

  Repeal the section.

  SCHEDULE 1—continued

50. Subsection 329B(1):

  (a) Omit "Divisions 2 and 6, and sections 321, 322, 323 and 324", substitute "Division 2".

  (b) Omit "services rendered", substitute "operations conducted".

  (c) Omit "in saving" (wherever occurring), substitute "to save".

  (d) Omit "assisting", substitute "to assist".

51. Section 329B:

  Add: