Document ID: chunk:federal_register_of_legislation:C2004A04933:body:0:p2
Version: federal_register_of_legislation:C2004A04933
Segment Type: other
Provision Reference: 
Character Range: 2386–5066

41 or 42 of the Export Market Development Grants Act 1974 at any time before the commencement of this section.

(2) Guidelines to which this section applies are taken:

    (a) to have been, at all times after their making; and

    (b) subject to their repeal, replacement, or amendment, by later guidelines, to continue to be;

valid guidelines.

(3) For the purposes of subsection (2), later guidelines includes guidelines to which this section applies whose validity is itself dependent upon the operation of subsection (2).

(4) If guidelines to which this section applies are taken to have been, and to continue to be, valid guidelines, either as originally made or as amended by later guidelines, any decision of the Australian Trade Commission:

    (a) made in reliance on those guidelines; or

    (b) taking those guidelines into account;

is taken, to the extent that it was or is made in reliance on those guidelines or takes them into account, to have been, and to continue to be, a valid decision of the Commission.

(5) Any act or thing done by any person or body:

    (a) in reliance on:

        (i) guidelines to which this section applies; or

        (ii) a decision referred to in subsection (4) made in reliance on, or taking account of, those guidelines; or

    (b) taking into account such guidelines or such a decision;

is taken, to the extent that it was or is an act or thing done in reliance on those guidelines or that decision or done taking those guidelines or that decision into account, to have been validly done.

(6) Nothing in this section is taken:

    (a) to affect the power of either House of the Parliament to disallow any guidelines to which this section applies that have been laid before that House of the Parliament; or

    (b) to validate any guidelines that have been disallowed by either House of the Parliament.

(7) In this section:

    (a) a reference to the making of guidelines includes a reference to the purported making of those guidelines; and

    (b) a reference to a decision of the Australian Trade Commission made in reliance on guidelines or taking guidelines into account includes a reference to:

        (i) a decision of the Commission; or

        (ii) a decision of any delegate of the Commission:

    purportedly made in reliance on those guidelines or purportedly taking those guidelines into account; and

    (c) a reference to an act or thing done by a person or body in reliance on guidelines or on a decision includes a reference to an act or thing purportedly done by that person or body in reliance on those guidelines or on that decision; and

    (d) a reference to an act or thing done by a