Document ID: chunk:federal_register_of_legislation:C2017A00067:clause:2_49
Version: federal_register_of_legislation:C2017A00067
Segment Type: clause
Provision Reference: sch 2 cl 49
Character Range: 70255–72869

49  Transitional—applications, licences and exemptions

Applications
(1) If:
 (a) before the commencement of this item, a person applied for a licence under subsection 13A(1) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989; and
 (b) immediately before that commencement, the Minister had neither granted the licence nor refused the application;
the application has effect, from that commencement, as if it were an application made under subsection 14(1) of that Act, as amended by this Part.
(2) If:
 (a) before the commencement of this item, a person applied for an exemption under subsection 40(1) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989; and
 (b) immediately before that commencement, the Minister had neither granted the exemption nor refused the application;
the application has effect, from that commencement, as if it were an application made under subsection 14(1) of that Act, as amended by this Part, for an equipment licence.

ODS/SGG equipment licences
(3) An ODS/SGG equipment licence that:
 (a) was granted under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 before the commencement of this item; and
 (b) immediately before that commencement:
 (i) was in force; or
 (ii) had not yet come into force and had not been terminated or cancelled;
has effect, from that commencement, as if the ODS/SGG equipment licence were an equipment licence granted under that Act, as amended by this Part.

Exemptions
(4) An exemption that:
 (a) was granted under section 40 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989; and
 (b) immediately before the commencement of this item:
 (i) was in force; or
 (ii) had not yet come into force and had not been cancelled;
has effect, from that commencement or from when the instrument comes into force after that commencement, as if:
 (c) the exemption were an equipment licence granted under that Act, as amended by this Part; and
 (d) the licence specified, as Schedule 4 activities or section 69G activities it allowed, the activities that would contravene the obligation to which the exemption related; and
 (e) the licence specified, under paragraph 19(3)(b) of that Act, the period that was specified in relation to the exemption under subsection 40(6) immediately before that commencement; and
 (f) any condition to which the exemption was subject under subsection 40(6A) of that Act immediately before that commencement were a condition imposed on the licence under subsection 18(4).

Part 2—Levy periods, threshold and penalty interest

Evidence Act 1995