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

11   Continuation of inquiries, investigations and hearings

(1) If the ABA or ACA (however constituted) was holding or conducting an inquiry, investigation or hearing (the proceeding ) that had not ended or been discontinued by the transition time, the ACMA is to continue the proceeding in accordance with the provisions as amended by this Act (the relevant provisions ) that apply in relation to that kind of inquiry, investigation or hearing.

(2) The ACMA is to take whatever action, under or for the purposes of the relevant provisions, as is necessary for the continuation of the proceeding. However this does not limit any power or discretion that the ACMA would otherwise have to discontinue such a proceeding.

Note: An example of an action that the ACMA may have to take is to determine how the ACMA is to be constituted for the purposes of the proceeding.

(3) Anything done for the purposes of the proceeding before the transition time is taken to have been done for the purposes of the proceeding as continued in accordance with this item.

(4) This item has effect despite item 10, but does not otherwise limit the generality of that item.