QLDIn ForceAct
Transport Operations (Marine Safety) Act 1994
sec.252Reviews of decisions about registration made before the commencement
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### sec.252 Reviews of decisions about registration made before the commencement
This section applies to a review relating to a decision about the registration of a relevant ship—
started but not decided before the commencement; or
started after the commencement.
The review must be decided under the unamended Act as if the amendment Act had not been enacted.
If the effect of the review is that the ship must be registered as a commercial ship under the unamended Act, the ship must be registered under the amended Act as an other Queensland regulated ship.
If the effect of the review is that the registration of the ship as a commercial ship under the unamended Act must be amended or the suspension of the registration of the ship as a commercial ship under the unamended Act must be lifted, the amendment or lifting of the suspension must be given effect in relation to the registration of the ship as continued under section 250.
If the effect of the review is that the registration of the ship as a commercial ship under the unamended Act should not have been cancelled—
from the relevant day, the ship is taken to be registered under the amended Act as an other Queensland regulated ship; and
the registration is subject to the conditions to which it was subject immediately before it was cancelled; and
section 250(3)(a), (c) and (d) and (4) and (5) apply to the ship’s registration.
In this section—
relevant day means—
if the decision of the review takes effect on a day before commencement—the commencement; or
otherwise—the day the decision of the review takes effect.
review means—
a review of an original decision under section 203B; or
a review of a reviewed decision under section 203C.
s 252 ins 2016 No. 3 s 60
(sec.252-ssec.1) This section applies to a review relating to a decision about the registration of a relevant ship— started but not decided before the commencement; or started after the commencement.
(sec.252-ssec.2) The review must be decided under the unamended Act as if the amendment Act had not been enacted.
(sec.252-ssec.3) If the effect of the review is that the ship must be registered as a commercial ship under the unamended Act, the ship must be registered under the amended Act as an other Queensland regulated ship.
(sec.252-ssec.4) If the effect of the review is that the registration of the ship as a commercial ship under the unamended Act must be amended or the suspension of the registration of the ship as a commercial ship under the unamended Act must be lifted, the amendment or lifting of the suspension must be given effect in relation to the registration of the ship as continued under section 250.
(sec.252-ssec.5) If the effect of the review is that the registration of the ship as a commercial ship under the unamended Act should not have been cancelled— from the relevant day, the ship is taken to be registered under the amended Act as an other Queensland regulated ship; and the registration is subject to the conditions to which it was subject immediately before it was cancelled; and section 250(3)(a), (c) and (d) and (4) and (5) apply to the ship’s registration.
(sec.252-ssec.6) In this section— relevant day means— if the decision of the review takes effect on a day before commencement—the commencement; or otherwise—the day the decision of the review takes effect. review means— a review of an original decision under section 203B; or a review of a reviewed decision under section 203C.
- (a) started but not decided before the commencement; or
- (b) started after the commencement.
- (a) from the relevant day, the ship is taken to be registered under the amended Act as an other Queensland regulated ship; and
- (b) the registration is subject to the conditions to which it was subject immediately before it was cancelled; and
- (c) section 250(3)(a), (c) and (d) and (4) and (5) apply to the ship’s registration.
- (a) if the decision of the review takes effect on a day before commencement—the commencement; or
- (b) otherwise—the day the decision of the review takes effect.
- (a) a review of an original decision under section 203B; or
- (b) a review of a reviewed decision under section 203C.