Document ID: chunk:federal_register_of_legislation:F2019L00282:clause:1_40e
Version: federal_register_of_legislation:F2019L00282
Segment Type: clause
Provision Reference: sch 1 cl 40E
Character Range: 25390–26620

40E  Transitional provisions—determinations about transfer and access
 (1) Subsections 29(1) and 35(2) apply to a determination described in subsection 29(1), whether made before, on or after the commencement of the Archives (Records of the Parliament) Regulations 2019.

Determinations made before commencement about not transferring record
 (2) Subsection (3) of this section applies to a determination, made as described in old subsection 29(1) (before the commencement of the Archives (Records of the Parliament) Regulations 2019), that a record is not to be transferred to the custody of the Archives.
 (3) Subsection 29(1) applies in relation to the determination as if it were a determination that the record is not to be transferred to the care of the Archives.

Determinations made before commencement about certain records
 (4) If:
 (a) before the commencement of the Archives (Records of the Parliament) Regulations 2019, the Presiding Officer made a determination described in old paragraph 29(1)(b) relating to a record; and
 (b) the record is a Class C record;
the fact that the record is a Class C record does not prevent subsection 29(1) from applying in relation to the record on the basis of the determination.