Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (54 of 2009)

Schedule 20   Regulations

3   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 1 or 2 may be expressed to take effect from a date before the regulations are registered under that Act.

(2) If:

(a) regulations made under item 1 or 2 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.