Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_49
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 49
Character Range: 151659–153010

49  Transitional—permanent bans

Scope
(1) This item applies to an instrument if:
 (a) the instrument was in force immediately before the commencement of this item; and
 (b) the instrument was made under subsection 190(1) of the Radiocommunications Act 1992; and
 (c) the instrument declares that operation or supply, or possession for the purpose of operation or supply, of a specified kind of device is prohibited (for this purpose, it is immaterial whether the word "kind", or a similar word, is used in the instrument); and
 (d) a device of that kind was covered by paragraph 190(2)(a) or (b) of the Radiocommunications Act 1992 as in force immediately before the commencement of this item; and
 (e) a device of that kind is equipment (within the meaning of the Radiocommunications Act 1992).

Effect of instrument
(2) The instrument has effect, after the commencement of this item, as if:
 (a) it had been made under subsection 172(1) of the Radiocommunications Act 1992; and
 (b) the instrument had imposed a permanent ban on equipment of that kind; and
 (c) the instrument had not made the declaration mentioned in paragraph (1)(c); and
 (d) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the instrument (including a requirement about the form of words) had been satisfied.