Document ID: chunk:federal_register_of_legislation:C2023C00275:clause:1_5
Version: federal_register_of_legislation:C2023C00275
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 30494–32698

5  References to court proceedings and orders in the new Credit Code
(1) A reference in the new Credit Code to the bringing of proceedings, or the taking of a step in proceedings, in a court under or in relation to a provision of the new Credit Code includes a reference to the bringing of proceedings, or the taking of the equivalent step in proceedings, in a court before commencement, in relation to a carried over instrument, under or in relation to the corresponding provision of the old Credit Code of a referring State or a Territory.
Note: This subitem only relates to proceedings in a court (not proceedings in a tribunal). For proceedings in a tribunal, see item 6.
(2) A reference in the new Credit Code to an order made by a court under or in relation to a provision of the new Credit Code includes a reference to an order made by a court before commencement, in relation to a carried over instrument, under or in relation to the corresponding provision of the old Credit Code of a referring State or a Territory.
Note: This subitem only relates to orders of a court (not orders of a tribunal). For orders of a tribunal, see item 6.
(3) Nothing in subitem (2) is taken to produce a result that would:
 (a) make a person liable, under the new Credit Code, to any penalty (whether civil or criminal) provided for in an order referred to in subitem (2); or
 (b) enable enforcement proceedings, or appeal or review proceedings, in relation to such an order to be taken in a court under the new Credit Code; or
 (c) enable proceedings by way of appeal, or other review, of such an order to be taken in a court under the new Credit Code.
(4) If, after commencement, an order referred to in subitem (2) is varied or set aside on appeal or review, subitem (2) applies, or is taken to have applied, from the time from which the variation or setting aside takes or took effect, as if:
 (a) if the order is varied—the order had been made as so varied; or
 (b) if the order is set aside—the order had not been made.
(5) Despite, subitems (1) and (2), the regulations may provide that subitem (1) or (2) does not apply in relation to a particular reference or class of references in the new Credit Code.