Document ID: chunk:federal_register_of_legislation:C2024A00019:clause:1_4
Version: federal_register_of_legislation:C2024A00019
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 4710–6349

4  Validation of pre‑commencement instruments not authorised by regulations
(1) This item applies to an instrument (whether or not still in force) that:
 (a) was made or purportedly made by the Minister before commencement under regulations made for the purposes of paragraph 10(1)(a) of the Autonomous Sanctions Act 2011; and
 (b) proscribed a person or entity on the basis of:
 (i) specified circumstances; or
 (ii) the actions of, or position held by, the person or entity; and
 (c) would, apart from this item, be wholly or partly invalid only because the instrument was not authorised by those regulations (as in force at the time the instrument was made or purportedly made) because of the period of time that had elapsed between:
 (i) the circumstances having existed, the actions having been so taken or position having been so held; and
 (ii) the proscription of the person or entity.
(2) The instrument is taken for all purposes to be, and to have always been, valid and effective.
(3) Anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (2) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.
(4) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:
 (a) civil and criminal proceedings instituted on or after commencement; and
 (b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:
 (i) before commencement; or
 (ii) on or after commencement.