AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990 - SECT 35 Rights in respect of services and facilities formerly provided by Department

AUSTRALIAN MARITIME SAFETY AUTHORITY ACT 1990 - SECT 35

  (1)   Where, immediately before the commencement of this section:

  (a)   a function of the Authority was being performed by the Department; and

  (b)   a right of the Commonwealth existed, arising out of a debt, liability or obligation of any other person in favour of the Commonwealth in respect of a service or facility provided by the Department in the performance of that function;

the right of the Commonwealth is transferred to the Authority to the extent determined in writing by the Minister.

  (2)   Where, immediately before the commencement of this section:

  (a)   proceedings by the Commonwealth were pending in a court; and

  (b)   the proceedings related to such a debt, liability or obligation;

then, to the extent that the proceedings so relate, they may be continued by the Authority and the Authority is to be substituted for the Commonwealth.