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South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)

Chapter 4 : Finance

Part 1 : General

36. Rights in respect of services and facilities formerly provided by Department

 

(1) Where, immediately before the commencement of this Act, in respect of a function of the Authority which was formerly performed by the Department, a right of the State existed, arising out of a debt, liability or obligation of any other person in favour of the State in respect of a service or facility provided by the Department in the performance of that function, the right of the State is transferred to the Authority to the extent that the Minister determines in writing having regard to the objectives of the Authority referred to in section 3.

 

(2) Where, immediately before the commencement of this section, proceedings relating to such a debt, liability or obligation were pending in a court, the proceedings, to the extent that they so relate, may be continued by the Authority and, if the Authority does so, the Authority must replace the State in those proceedings.