Document ID: chunk:federal_register_of_legislation:C2024A00105:clause:3_4
Version: federal_register_of_legislation:C2024A00105
Segment Type: clause
Provision Reference: sch 3 cl 4
Character Range: 15698–17308

4  Validation of things done in relation to criminal history information before commencement
(1) This item applies if:
 (a) a person or body collected, used or disclosed criminal history information before the commencement of this item; and
 (b) the collection, use or disclosure would, apart from subitem (2), be wholly or partly invalid or unlawful because of a law of the Commonwealth, a State or a Territory.
(2) The collection, use or disclosure is, and is taken always to have been, as valid and lawful as it would have been if section 501M of the Migration Act 1958, as inserted by this Schedule, had been in force when the collection, use or disclosure occurred.
(3) To avoid doubt, if a thing done or purportedly done before the commencement of this item would, apart from subitem (2), be wholly or partly invalid or unlawful, then the thing done or purportedly done is taken for all purposes to be, and to have always been, valid and lawful, despite any effect that may have on the accrued rights of any person.
Note: The things referred to in this subitem include, for example, the making of a decision under the Migration Act 1958 or regulations under that Act.
(4) 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 the commencement of this item; and
 (b) civil and criminal proceedings instituted before the commencement of this item, being proceedings that are concluded:
 (i) before the commencement of this item; or
 (ii) on or after the commencement of this item.