Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_406
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 406
Character Range: 637915–639232

406  Regulations and rules
(1) This item applies if:
 (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and
 (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and
 (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and
 (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.
(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.
(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.