Document ID: chunk:federal_register_of_legislation:C2015A00039:clause:1_10
Version: federal_register_of_legislation:C2015A00039
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 87491–89049

10  Decisions made before commencement of Part 5‑1A
(1) To avoid doubt, the power to make a decision under section 187F, 187G, 187J, 187K or 187KA of the Telecommunications (Interception and Access) Act 1979 as amended by this Act is taken, for the purposes of section 4 of the Acts Interpretation Act 1901, to be a power to make an instrument of an administrative character.
(2) Subsection 187F(3) of the Telecommunications (Interception and Access) Act 1979 as amended by this Act applies, in relation to an application made before the commencement of Part 5‑1A of that Act as so amended for approval of a data retention implementation plan, as if references in that subsection to 60 days were references to the number of days provided for in subitem (4) of this item.
(3) Paragraph 187K(5)(b) of the Telecommunications (Interception and Access) Act 1979 as amended by this Act applies, in relation to an application made before the commencement of Part 5‑1A of that Act as so amended for a decision under subsection 187K(1) of that Act as so amended, as if references in that paragraph to 60 days were references to the number of days provided for in subitem (4) of this item.
(4) For the purposes of subitem (2) or (3), the number of days is:
 (a) the number of days in the period between:
 (i) the day the application referred to in that subitem was made; and
 (ii)  the day immediately before the commencement of Part 5‑1A of the Telecommunications (Interception and Access) Act 1979 as amended by this Act; or
 (b) 60 days;
whichever is the greater.