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

12   Continued effect of certain instruments made under the repealed provisions

 

(1) An instrument:

(a) made or given under the Australian Communications Authority Act 1997 and specified in the following table; and

(b) in force immediately before the transition time;

continues to have effect from the transition time as if it were made or given under the corresponding provision of the ACMA Act specified in the table.

Instruments made under Australian Communications Authority Act 1997 that continue to have effect

Item

This instrument made or given under this provision of the Australian Communications Authority Act 1997 ...

continues to have effect as if it were made or given under this provision of the ACMA Act...

1

instruction under paragraph 8(1)(aa)

paragraph 11(1)(a)

2

instruction under paragraph 8(1)(ab)

paragraph 11(1)(b)

3

arrangement under paragraph 41(1)(a)

paragraph 55(1)(a)

4

arrangement under paragraph 41(1)(b)

paragraph 55(1)(b)

5

direction given under subsection 52(3)

subsection 59(5)

6

determination under subsection 53(1)

subsection 60(1)

7

determination under subsection 54(1)

subsection 64(1)

      

(2) A determination in force under clause 61 of Schedule 4 to the Broadcasting Services Act 1992 immediately before the transition time has effect from the transition time as if it were a determination under subsection 60(1) of the ACMA Act.

      

(3) A designation or reference in force under subsection 31(1) of the Radiocommunications Act 1992 immediately before the transition time has effect from the transition time as if it were a designation or reference under subsection 31(1) of that Act as amended by Schedule 1 to this Act.

      

(4) An agreement in force under subsection 31(2) of the Radiocommunications Act 1992 immediately before the transition time has effect from the transition time as if it were a determination under subsection 31(2) of that Act as amended by Schedule 1 to this Act.

      

(5) A suspension in force under subsection 128C(2) of the Radiocommunications Act 1992 immediately before the transition time has effect from the transition time as if it were a suspension under subsection 128C(1) of that Act as amended by Schedule 1 to this Act.

Note: Instruments made by the ABA or ACA under provisions of Acts that are amended (rather than repealed) by this Act will continue to have effect as a result of item 10.