Document ID: chunk:federal_register_of_legislation:C2009A00056:clause:1_121
Version: federal_register_of_legislation:C2009A00056
Segment Type: clause
Provision Reference: sch 1 cl 121
Character Range: 23768–25847

121  Transitional—Roads to Recovery Program

1 July 2005 to 30 June 2009 funding period
(1) The old law, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment made under Part 8 of the old law during the AusLink Roads to Recovery funding period starting on 1 July 2005.
Note: For example, this means that the conditions determined under section 90 of the old law would continue to apply to such a payment and amounts would be able to be recovered under section 92 of the old law.

1 July 2009 to 30 June 2014 funding period
(2) The Nation Building Program Roads to Recovery List has effect as if the amounts of Commonwealth funding specified in it were amounts to be provided under the Nation Building Program Roads to Recovery Program during the Nation Building Program Roads to Recovery funding period.
(3) Conditions determined under section 90 of the old law before the commencement of this item to apply in relation to payments to be made under Part 8 of the old law during the period starting on 1 July 2009 and ending on 30 June 2014 continue to apply on and after that commencement as if they had been determined under section 90 of the new law to apply to payments under Part 8 of the new law during that period.
(4) Subitem (3) does not prevent a variation or revocation of those conditions on or after the commencement of this item.
(5) A notice in force under subsection 91(1) or (2) of the old law immediately before the commencement of this item in relation to a payment to be made to a person or body under Part 8 of the old law during the period starting on 1 July 2009 and ending on 30 June 2014 has effect, on and after that commencement, as if it were a notice in force under subsection 91(1) or (2) of the new law in relation to a payment to the person or body under Part 8 of the new law during that period.
(6) Subitem (5) does not prevent the revocation of an exemption, or the variation or revocation of a replacement condition, on or after the commencement of this item.