Fair Work Amendment (State Referrals and Other Measures) Act 2009 (124 of 2009)

Schedule 2   Transitional matters related to State referrals under Division 2B of Part 1-3 of the Fair Work Act 2009

Part 2   Amendment of other Acts

Superannuation Guarantee (Administration) Act 1992

138   Regulations may take effect from date before registration

(1) Despite subsection 12(2) of the Legislative Instruments Act 2003 and subject to subitem (2), regulations made under item 137 may be expressed to take effect from a date before the regulations are registered under that Act.

(2) If:

(a) regulations made under item 137 are expressed to take effect from a date (the registration date ) before the regulations are registered under the Legislative Instruments Act 2003; and

(b) a person engaged in conduct before the registration date; and

(c) but for the retrospective effect of the regulations, the conduct would not have contravened a provision of an Act;

then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of that Act.