Document ID: chunk:federal_register_of_legislation:F2024C01022:reg:257:p1
Version: federal_register_of_legislation:F2024C01022
Segment Type: reg
Provision Reference: reg 257 (pt 1/2)
Character Range: 374863–377647

257  Things done under the old regulations

Incomplete processes
 (1) Despite the repeal of the old regulations, those regulations continue to apply, after the commencement of this instrument, as if they had not been repealed, in relation to any process begun (including by application or request) before the commencement of this section under:
 (a) a provision of the Act, to the extent that those regulations relate to the provision; or
 (b) a provision of those regulations; or
 (c) a provision of any other instrument made for the purposes of the Act, to the extent that those regulations relate to that provision;
if, immediately before that commencement, that process has not been completed.

Things done or omissions before commencement
 (2) In relation to any thing done or omitted to be done before the commencement of this section, the repeal of the old regulations does not affect:
 (a) any right, privilege, obligation or liability acquired, accrued or incurred under:
 (i) those regulations; or
 (ii) any other legislative instrument made for the purposes of the Act; or
 (iii) the Act;
  as a result of the thing done or the omission; or
 (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against:
 (i) those regulations; or
 (ii) any other legislative instrument made for the purposes of the Act; or
 (iii) the Act;
  as a result of the thing done or the omission; or
 (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.
Any investigation, legal proceeding or remedy may be instituted, continued or enforced, and any penalty, forfeiture or punishment may be imposed, as if the old regulations had not been repealed.

Instruments in force before commencement
 (3) Despite the repeal of the old regulations, an instrument that is in force under those regulations immediately before the commencement of this section is taken to remain in force, after that commencement, for the purposes of this section.

Relationship with section 7 of the Acts Interpretation Act 1901
 (4) This section does not limit the effect of section 7 of the Acts Interpretation Act 1901 (as it applies as a result of paragraph 13(1)(a) of the Legislation Act 2003).

Relationship with this Part
 (5) To avoid doubt, the old regulations apply only to the extent required for the purposes of completing the process referred to in subsection (1).
Note: The effect of this subsection is that, for example, the old regulations apply in relation to a review by the Administrative Appeals Tribunal of a decision before the commencement of this section to grant a permission if the decision on the review has not been made before that commencement. However, conditions of