Export Control (Consequential Amendments and Transitional Provisions) Act 2020 (13 of 2020)

Schedule 3   Application, saving and transitional provisions

Part 1   Preliminary

1   Definitions

(1) In this Schedule:

commencement time means the time when section 3 of the new Export Control Act commences.

new Export Control Act means the Export Control Act 2020.

old AMLI Order means an order under section 17 of the Australian Meat and Live-stock Industry Act 1997, as the order was in force immediately before the commencement time.

old AMLI Regulations means regulations made for the purposes of old Part 2 of the AMLI Act, as those regulations were in force immediately before the commencement time.

old Export Control Act means the Export Control Act 1982, as in force immediately before the commencement time.

old Export Control Law means any of the following laws:

(a) the old Export Control Act;

(b) old Export Control Regulations;

(c) an old Export Control Order;

(d) old Part 2 of the AMLI Act;

(e) old AMLI Regulations;

(f) an old AMLI Order.

old Export Control Order means an order made by the Minister under regulation 3 of the Export Control (Orders) Regulations 1982, as the order was in force immediately before the commencement time.

old Export Control Regulations means regulations made under the old Export Control Act, as those regulations were in force immediately before the commencement time.

old Part 2 of the AMLI Act means Part 2 of the Australian Meat and Live-stock Industry Act 1997, as in force immediately before the commencement time.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

wood export licence means a licence to export prescribed goods that are hardwood wood chips or other kinds of unprocessed wood.

Note: Before the commencement time, wood export licences could be granted under the Export Control (Hardwood Wood Chips) Regulations 1996 and the Export Control (Unprocessed Wood) Regulations (Statutory Rules 1986 No. 79, as amended).

(2) An expression used in a provision of this Schedule and in the new Export Control Act has the same meaning in that provision as it has in the new Export Control Act, subject to subitems (3) and (4).

(3) An expression used in a provision of this Schedule and in the old Export Control Act, old Export Control Regulations or an old Export Control Order has the same meaning in that provision as it had in the old Export Control Act, old Export Control Regulations or old Export Control Order to the extent that:

(a) the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under the old Export Control Act, old Export Control Regulations or old Export Control Order before the commencement time; or

(b) the provision has the effect that a provision of the old Export Control Act, old Export Control Regulations or old Export Control Order continues to apply despite the repeal of the old Export Control Act, old Export Control Regulations or old Export Control Order.

(4) An expression used in a provision of this Schedule and in old Part 2 of the AMLI Act, old AMLI Regulations or an old AMLI Order has the same meaning in that provision as it had in old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order to the extent that:

(a) the use of the expression in that provision relates to an event that occurred, or a state of affairs that existed, under old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order before the commencement time; or

(b) the provision has the effect that a provision of old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order continues to apply despite the repeal of old Part 2 of the AMLI Act, the old AMLI Regulations or the old AMLI Order.