Document ID: chunk:federal_register_of_legislation:C2017A00092:clause:4_3
Version: federal_register_of_legislation:C2017A00092
Segment Type: clause
Provision Reference: sch 4 cl 3
Character Range: 25114–26116

3  Saving instruments in force at commencement
(1) This item applies if:
 (a) a provision of an Act provides that an instrument (whether or not a legislative instrument) may be made under, or for the purposes of, the provision; and
 (b) the provision is:
 (i) amended; or
 (ii) repealed and substituted;
  by an item of Schedule 2; and
 (c) an instrument made under, or for the purposes of, the provision is in force immediately before the commencement of the item; and
 (d) after the provision has been amended or repealed and substituted, the provision still provides in the same or similar terms that an instrument may be made under, or for the purposes of, the provision.
(2) If the provision is amended, the amendment referred to in subparagraph (1)(b)(i) does not affect the continuity of the instrument.
(3) If the provision is repealed and substituted, the instrument is taken, after the commencement of the item, to have been made under, or for the purposes of, the provision as substituted.