Marine Safety Act 1998

The transfer day for the purposes of this clause is the day on which RMS becomes the responsible licensing official for a boat driving licence and vessel registration certificate (a relevant licence) by virtue of the amendments made to this Act by the Maritime and Transport Licensing Legislation Amendment Act 2014.

The following provisions have effect on and from the transfer day—

any application for the grant of a relevant licence made (but not yet determined) before the transfer day is to be determined by RMS,

any right or liability of the Minister in relation to a relevant licence (or an application for such a licence) becomes by virtue of this clause a right or liability of RMS,

all proceedings relating to a right or liability of the Minister in relation to a relevant licence (or an application for such a licence) commenced before the transfer day by or against the Minister that are pending immediately before the transfer day are taken to be proceedings pending by or against RMS,

any act, matter or thing done or omitted to be done in relation to a relevant licence (or an application for such a licence) before the transfer day by, to or in respect of the Minister is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of RMS,

RMS has all the entitlements and obligations of the Minister in relation to a relevant licence (or an application for such a licence) that the Minister would have had but for the transfer of the Minister’s functions to RMS, whether or not those entitlements and obligations were actual or potential at the time the transfer took effect,

a reference in any instrument made under any Act or in any document of any kind to the Minister is (to the extent that it relates to a relevant licence or an application for such a licence, but subject to this clause) to be read as, or as including, a reference to RMS.

The Minister is authorised to provide RMS with any documents or other information obtained or held by or on behalf of the Minister in connection with relevant licences (or applications for such licences) for the purpose of facilitating the exercise by RMS of functions that are conferred or imposed on it by subclause (2).

The operation of this clause (or the provision of documents or other information under this clause) is not to be regarded as—

a breach of contract or confidence or otherwise as a civil wrong, or

a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

giving rise to any remedy by a party to a contract or instrument, or as causing or permitting the termination of any contract or instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

an event of default under any contract or instrument.

In this clause—