Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 1   Amendments relating to maritime powers

Part 3   Application

39   Application of amendments of the Maritime Powers Act 2013

(1) Subject to this item, the amendments of the Maritime Powers Act 2013 made by Part 1 of this Schedule (the amending Part ) apply in relation to the exercise (or continued exercise) of powers under that Act after the commencement of the amending Part, even if:

(a) an authorisation for the exercise of the powers was given under Division 2 of Part 2 of that Act before the commencement of the amending Part; or

(b) the powers are exercised:

(i) in the course of a continuous exercise of powers that started before the commencement of the amending Part; or

(ii) without limiting subparagraph (i) - in relation to a person, vessel or aircraft who or that started to be detained, or otherwise held, under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 before that commencement; or

(iii) in any other situation in relation to which powers were (or could have been) exercised under that Act before that commencement.

(2) The amendments of the Maritime Powers Act 2013 made by item 3 (so far as it affects the giving of authorisations), and item 6, of the amending Part apply in relation to authorisations given under Division 2 of Part 2 of that Act after the commencement of the amending Part.

(3) Section 75H of the Maritime Powers Act 2013, as inserted by item 19 of the amending Part, applies to:

(a) vessels that, after the commencement of the amending Part, are detained as mentioned in subsection 75H(1), even if the vessels started to be so detained before that commencement; and

(b) vessels that, after the commencement of the amending Part, are being used, or that are intended for use, as mentioned in paragraph 75H(2)(a), even if the vessels started to be so used, or intended for use, before that commencement.

(4) The amendments of the Maritime Powers Act 2013 made by items 21, 23, 25 and 26 of the amending Part apply after the commencement of the amending Part in relation to a seized, retained or detained thing (including a vessel or aircraft), even if the exercise of power by which the thing was first seized, retained or detained occurred before that commencement.

(5) The amendments of the Maritime Powers Act 2013 made by the amending Part do not, by implication, affect the interpretation of that Act, as in force before the commencement of the amending Part, in relation to the exercise of powers, or the giving of authorisations, under that Act before that commencement.