Document ID: chunk:federal_register_of_legislation:C2010A00080:section:3
Version: federal_register_of_legislation:C2010A00080
Segment Type: section
Provision Reference: s 3
Character Range: 852–2325

3  Validation of issue of infringement notices
 (1) This section applies in relation to a notice purportedly issued, before the commencement of this section, as an infringement notice for an infringement notice offence under the Airports (Control of On‑Airport Activities) Regulations 1997 to the extent that, apart from this section, the notice would not be valid or effective as an infringement notice because:
 (a) the notice was issued by a person who was not appointed, or was not validly appointed, as an authorised person for the purpose of the provision of the regulations that creates the offence; or
 (b) a thing did not, or could not, happen as required by the Airports (Control of On‑Airport Activities) Regulations 1997 because the person was not appointed, or was not validly appointed, as such an authorised person.
 (2) Subject to subsection (3), the notice is as valid and effective, and is taken always to have been as valid and effective, as an infringement notice, as it would have been if:
 (a) the person who issued the notice was validly appointed as an authorised person for the purpose of the provision concerned; and
 (b) the thing did happen.
 (3) This section does not affect rights or liabilities arising between parties to proceedings heard and finally determined by a court on or before the commencement of this section, to the extent that those rights or liabilities arose from, or were affected by, a notice referred to in subsection (1).