Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:2_14:p1
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 2 cl 14 (pt 1/2)
Character Range: 239784–242304

14  Orders preventing employment of certain persons

(1) If, immediately before the transition day, an order under an employment prevention order provision is in force (the old order), then on and after the transition day, the old order is taken to be an order under:
 (a) if the old order is a direction as to any of the following—section 18NN of the new law:
 (i) not to employ a specified person to certify any measuring instrument;
 (ii) not to employ a specified person to certify a specified class or classes of measuring instruments;
 (iii) to employ a specified person to do either of the things mentioned in subparagraph (i) or (ii) only in compliance with specified conditions; or
 (b) if the old order is a direction as to any of the following—section 18PQ of the new law:
 (i) not to employ a specified person to perform duties relating to the operation of any public weighbridge;
 (ii) not to employ a specified person to perform duties relating to the operation of a specified class or classes of public weighbridges;
 (iii) to employ a specified person to do either of the things mentioned in subparagraph (i) or (ii) only in compliance with specified conditions.

(2) If the old order is one that, under paragraph (1)(a), is taken to have been made under section 18NN and a copy of the old order has not been served on a person to whom such an order is, under subsection 18NN(3), required to be served, a copy of the old order must be served on that person. However, nothing in this subitem or in subsection 18NN(3) affects the validity of the old order that continues to exist by force of subitem (1).

(3) If the old order is one that, under paragraph (1)(b), is taken to have been made under section 18PQ and a copy of the old order has not been served on a person to whom such an order is, under subsection 18PQ(3), required to be served, a copy of the old order must be served on that person. However, nothing in this subitem or in subsection 18PQ(3) affects the validity of the old order that continues to exist by force of subitem (1).

(4) For the purposes of this item, each of the following is an employment prevention order provision:
 (a) section 55 of the Trade Measurement Act 1989 of New South Wales;
 (b) section 55 of the Trade Measurement Act 1995 of Victoria;
 (c) section 55 of the Trade Measurement Act 1990 of Queensland;
 (d) section 72 of the Trade Measurement Act 2006 of Western Australia;
 (e) section 55 of the Trade Measurement Act 1993 of South Australia;
 (f) section 55 of