Document ID: chunk:federal_register_of_legislation:C2023A00043:clause:8_90
Version: federal_register_of_legislation:C2023A00043
Segment Type: clause
Provision Reference: sch 8 cl 90
Character Range: 37622–39094

90  Employee authorised deductions
 (1) An authorisation made for the purposes of paragraph 324(1)(a) that is in force immediately before the commencement of Schedule 5 continues in force, after the commencement, until it is withdrawn.
 (2) An authorisation covered by subclause (3) that is in force immediately before the commencement of Schedule 5:
 (a) is taken to be, and taken always to have been, made in compliance with section 324 as in force immediately before the commencement; and
 (b) continues in force, after the commencement, until it is withdrawn.
 (3) An authorisation is covered by this subclause if the authorisation:
 (a) was purportedly made for the purposes of paragraph 324(1)(a) as in force immediately before the commencement of Schedule 5; and
 (b) purportedly authorises multiple or ongoing deductions for amounts as varied from time to time; and
 (c) would, after the commencement, comply with section 324 of the amended Act.
 (4) However, paragraph (2)(a) does not affect rights or liabilities arising between parties to proceedings:
 (a) in which judgment is reserved by a court before the commencement of Schedule 5; or
 (b) which have been heard and finally determined by a court before the commencement;
to the extent those rights or liabilities arose from, or were affected by, an authorisation covered by subclause (3).

[Minister's second reading speech made in—
House of Representatives on 29 March 2023
Senate on 13 June 2023]
(44/23)