Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:2_39:p1
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 2 cl 39 (pt 1/2)
Character Range: 45998–48708

39  Application and saving provisions—monitoring and investigation

Application of regulatory powers
(1) Part 2 of the Regulatory Powers Act applies as described in the new law (including section 9A of the new law) in relation to determining, on or after the commencement of this Part:
 (a) whether a new monitoring provision has been or is being complied with on or after that commencement; or
 (b) whether an old monitoring and investigation provision has been or is being complied with before, on or after that commencement; or
 (c) the correctness of information given on or after that commencement in compliance, or purported compliance, with a new information monitoring provision; or
 (d) the correctness of information given before, on or after that commencement in compliance, or purported compliance, with an old law provision.
(2) Part 3 of the Regulatory Powers Act applies as described in the new law (including section 9A of the new law) in relation to evidential material that relates to:
 (a) a contravention or suspected contravention, on or after the commencement of this Part, of a new investigation provision; or
 (b) a contravention or suspected contravention, before, on or after the commencement of this Part, of an old monitoring and investigation provision.

Saving old law provisions
(3) Part 5 (other than sections 45, 52 and 52A) of the old law continues to apply on and after the commencement of this Part in relation to the following:
 (a) an application for a warrant made, but not decided, under that Part before that commencement;
 (b) a warrant issued, or completed and signed, under that Part before, on or after that commencement as a result of an application made before that commencement;
 (c) powers exercised, rights created and duties imposed under provisions of that Part before, on or after that commencement as a result of:
 (i) an entry or boarding of a searchable place before that commencement with the consent of the relevant authority in relation to the place; or
 (ii) an entry or boarding of a searchable place before, on or after that commencement as a result of a warrant referred to in paragraph (b);
 (d) things seized under provisions of that Part before, on or after that commencement as a result of:
 (i) an entry or boarding of a searchable place before that commencement with the consent of the relevant authority in relation to the place; or
 (ii) an entry or boarding of a searchable place before, on or after that commencement as a result of a warrant referred to in paragraph (b).
Note: For the continued obligation to comply with a requirement made under subsection 45(2) or (3), 52(2) or 52A(2) of the Hazardous Waste (Regulation of Exports and