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SUBORDINATE LEGISLATION ACT 1994 - SECT 35 Transitional provisions—Part 2 of Subordinate Legislation Amendment Act 2010

SUBORDINATE LEGISLATION ACT 1994 - SECT 35

Transitional provisions—Part 2 of Subordinate Legislation Amendment Act 2010

    (1)     An exception certificate issued under section 8 as in force immediately before 1 January 2011 is to be taken, on and from 1 January 2011, to be an exemption certificate issued on the equivalent ground under section 8 as substituted by Part 2 of the Subordinate Legislation Amendment Act 2010 .

    (2)     An exemption certificate issued under section 9 as in force immediately before 1 January 2011 is to be taken, on and from 1 January 2011, to be an exemption certificate issued on the equivalent ground under section 8 as substituted by Part 2 of the Subordinate Legislation Amendment Act 2010 .

    (3)     A Premier's certificate issued under section 9(3) as in force immediately before 1 January 2011—

        (a)         is to be taken, on and from 1 January 2011, to be an exemption certificate issued by the Premier under section 9 as substituted by Part 2 of the Subordinate Legislation Amendment Act 2010 ; and

        (b)     has full force and effect despite not being accompanied by the Minister's written reasons under section 9(2)(b) or not including the reason for the exemption under section 9(3)(a).

    (4)     If a statutory rule has been made before 1 January 2011 but section 15 as in force immediately before 1 January 2011 has not been complied with before that date—

        (a)     section 15 as amended by Part 2 of the Subordinate Legislation Amendment Act 2010 and section 15A must be complied with; and

        (b)     for that purpose, any certificate or other documentation required by this Act which was prepared before 1 January 2011 is taken to comply with this Act as amended.

    (5)     If, before 1 January 2011, a regulatory impact statement has been prepared in accordance with Part 2 as in force immediately before 1 January 2011 for a proposed statutory rule but that statutory rule is not made before 1 January 2011, the regulatory impact statement prepared in accordance with Part 2 as in force immediately before 1 January 2011 is taken to comply with this Act as amended by Part 2 of the Subordinate Legislation Amendment Act 2010 for the purposes of the statutory rule to which it relates.

S. 36 repealed by No. 74/2000 s. 3(Sch. 1 item 120.2), new s. 36 inserted by No. 78/2010 s. 40.