Document ID: chunk:federal_register_of_legislation:C2004C01296:clause:1_5
Version: federal_register_of_legislation:C2004C01296
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 12639–14341

5  Proceedings etc. commenced under WR Act continue under WR Act

(1) If, immediately before commencement, a proceeding (whether or not initiated by an application) in a matter arising under a repealed provision was pending in a court, the WR Act continues to apply in relation to the proceeding as if the amendments made by this Act had not been made.

(2) If, immediately before commencement, a proceeding (whether or not initiated by an application) before the Commission in a matter arising under a repealed provision has not been completed, the WR Act continues to apply in relation to the proceeding as if the amendments made by this Act had not been made.

(3) If, immediately before commencement, a matter (whether or not initiated by an application) under a repealed provision is before an Industrial Registrar, the WR Act continues to apply in relation to the matter as if the amendments made by this Act had not been made.

(4) If, in relation to the proceeding or matter mentioned in subitem (1), (2) or (3), the court, Commission or Industrial Registrar makes an order on or after commencement, the order is taken to have been made under the corresponding provision of the RAO Schedule and not under the repealed provision, under which (apart from this subitem) the order would have been made.

(5) If a penalty is imposed as a result of the order, the penalty is the penalty applicable under the WR Act as in force immediately before commencement and not the penalty applicable under the RAO Schedule.

(6) In this item:
make includes give or grant.
order includes authorisation, certificate, decision, declaration, determination, direction, exemption, injunction, notice or permission.