sec.149Previous exercise of powers by port authority officer not affected

### sec.149 Previous exercise of powers by port authority officer not affected Section 145(1) does not affect the exercise of a power by a port authorised officer made under this Act before the commencement of this section as an authorised officer, including, for example, under part 12, divisions 3, 4 and 5. However, if this Act provides that after exercising a power, an authorised officer must do a thing ( discharge a duty ), the port authorised officer must discharge the duty and give written notice to the general manager about discharging the duty. Under section 84, an authorised officer may have exercised a power and detained a ship before the commencement of this section. However, the authorised officer may not have given an approved notice under section 85 about the detention before the commencement. A person who was a port authorised officer must comply with section 85 and give a notice to the ship’s master. Also, if this Act provides that after exercising a power (the first power ), an authorised officer may exercise another power ( other power )— the port authorised officer may not exercise the other power but must give written notice to the general manager about the other power not having been exercised; and the general manager may exercise the other power even though the provision about the other power provides that the other power may only be exercised by the authorised officer who exercised the first power. s 149 ins 2006 No. 21 s 44 (sec.149-ssec.1) Section 145(1) does not affect the exercise of a power by a port authorised officer made under this Act before the commencement of this section as an authorised officer, including, for example, under part 12, divisions 3, 4 and 5. (sec.149-ssec.2) However, if this Act provides that after exercising a power, an authorised officer must do a thing ( discharge a duty ), the port authorised officer must discharge the duty and give written notice to the general manager about discharging the duty. Under section 84, an authorised officer may have exercised a power and detained a ship before the commencement of this section. However, the authorised officer may not have given an approved notice under section 85 about the detention before the commencement. A person who was a port authorised officer must comply with section 85 and give a notice to the ship’s master. (sec.149-ssec.3) Also, if this Act provides that after exercising a power (the first power ), an authorised officer may exercise another power ( other power )— the port authorised officer may not exercise the other power but must give written notice to the general manager about the other power not having been exercised; and the general manager may exercise the other power even though the provision about the other power provides that the other power may only be exercised by the authorised officer who exercised the first power. - (a) the port authorised officer may not exercise the other power but must give written notice to the general manager about the other power not having been exercised; and - (b) the general manager may exercise the other power even though the provision about the other power provides that the other power may only be exercised by the authorised officer who exercised the first power.