Document ID: chunk:federal_register_of_legislation:C2006A00151:clause:1_11
Version: federal_register_of_legislation:C2006A00151
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 5456–7488

11  Effect of things done or omitted to be done under or in relation to rights and liabilities

(1) Any act or thing done or omitted to be done before, at or after the commencement of this Part under or in relation to a right or liability conferred, imposed or affected by item 9 in relation to an ineffective order of a court of summary jurisdiction:
 (a) has the same effect, and gives rise to the same consequences, for the purposes of any written or other law; and
 (b) is to be regarded as always having had the same effect, and given rise to the same consequences, for the purposes of any written or other law;
as if it were done or omitted to be done to give effect to, or under the authority of, or in reliance on, an order made by that court, in the exercise of its federal jurisdiction, in or in relation to the proceedings for the order.

(2) Subject to subitem (3), for the purposes of an enforcement law (see subitem (4)), any act or thing done or omitted to be done before, at or after the commencement of this Part:
 (a) gives rise to the same consequences; and
 (b) is to be regarded as always having given rise to the same consequences;
as if each ineffective order of a court of summary jurisdiction were an order made by that court, in the exercise of its federal jurisdiction, in or in relation to the proceedings for the order.

(3) If, before the commencement of this Part, a court purported to convict a person of an offence against an enforcement law on the basis that an ineffective order was a valid order, nothing in this item is to be taken to validate or confirm that conviction.

(4) In this item:
enforcement law means a provision of a law of the Commonwealth, other than a law relating to contempt of court, that sets out a consequence for a person if the person:
 (a) contravenes; or
 (b) acts in a specified way while there is in force;
an order, or a particular kind of order, made by a court exercising federal jurisdiction (whether or not the provision also applies to other orders of courts).