Document ID: chunk:federal_register_of_legislation:C2024A00019:clause:1_3
Version: federal_register_of_legislation:C2024A00019
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 2704–4710

3  Validation of pre‑commencement regulations and related instruments—past circumstances, actions or positions

Effect of certain regulations
(1) Subitem (2) applies to regulations (whether or not still in force) that were made or purportedly made by the Governor‑General before commencement if, assuming that had section 10A of the Autonomous Sanctions Act 2011, as inserted by this Schedule, been in force when the regulations were made or purportedly made, the regulations would have been permitted by paragraph 10(1)(a) of that Act.
(2) The regulations are taken for all purposes to be, and to have always been, as valid and effective as they would have been if section 10A of that Act had been in force at the time the regulations were made or purportedly made.

Effect of instruments made under those regulations
(3) Subitem (4) applies to an instrument (whether or not still in force) that was made or purportedly made under regulations that are taken, by operation of subitem (2), to have been valid and effective at the time the instrument was made or purportedly made.
(4) The instrument is taken for all purposes to be, and to have always been, as valid and effective as it would have been if subitem (2) had been in force at the time the instrument was made or purportedly made.

Validity of things done
(5) Anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (2) or (4) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.

Application of item to proceedings
(6) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:
 (a) civil and criminal proceedings instituted on or after commencement; and
 (b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:
 (i) before commencement; or
 (ii) on or after commencement.