Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (55 of 2009)

Schedule 2   Overarching Schedule about transitional matters

Part 2   Regulations about transitional matters

10   Other general provisions about regulations

(1) This item applies to regulations made for the purpose of any of the provisions of the transitional Schedules (including this Part).

(2) Despite subsection 12(2) of the Legislative Instruments Act 2003 and subject to subitem (3), regulations may be expressed to take effect from a date before the regulations are registered under that Act.

(3) If:

(a) regulations 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:

(i) the WR Act (as it continues to apply because of this Act); or

(ii) this Act; or

(iii) the FW 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 any of those Acts.

(4) The provisions of the transitional Schedules (including this Part) that provide for regulations to deal with matters do not limit each other.