Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (45 of 2005)

Schedule 4   Transitional provisions

Part 3   References to, and things done by or in relation to, ABA or ACA

10   Things done by, or in relation to, ABA or ACA etc.

 

(1) This item applies to a thing done by, or in relation to, the ABA or the ACA under:

(a) a provision (the authorising provision ) of an Act, other than:

(ii) a provision of an Imposition Act; or

(ii) a provision that is repealed by this Act; or

(b) a provision (the authorising provision ) of an instrument made under a provision of an Act, other than:

(ii) a provision of an Imposition Act; or

(ii) a provision that is repealed by this Act.

      

(2) Subject to subitem (3), the thing done has effect from the transition time as if it had been done by, or in relation to, the ACMA under the authorising provision as in force from the transition time. However this is not taken to change the time at which the thing was actually done.

      

(3) However if the thing done is a thing of a kind that, under the authorising provision as in force from the transition time, cannot be done by or in relation to the ACMA, the thing has effect from the transition time as if it had been done by or in relation to the Commonwealth.

      

(4) The regulations may:

(a) provide that this item does not apply to a specified class or classes of things done; or

(b) determine that one of subitems (2) and (3), rather than the other of those subitems, applies in relation to a particular thing done, or class of things done; or

(c) clarify how a thing has effect as mentioned in subitem (2) or (3).