Document ID: chunk:federal_register_of_legislation:C2024A00019:clause:1_5
Version: federal_register_of_legislation:C2024A00019
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 6349–8476

5  Pre‑commencement instruments—exercise of discretion
(1) This item applies to an instrument (whether or not still in force), that was made or purportedly made by the Minister before commencement under regulation 6 or 6A of the Autonomous Sanctions Regulations 2011 (as in force at the time the instrument was made or purportedly made), if the instrument would, apart from this item, be wholly or partly invalid only because the Minister did not consider whether the Minister should exercise the Minister's discretion to:
 (a) designate a person or entity; or
 (b) declare a person; or
 (c) designate and declare a person.
(2) This item also applies to an instrument (whether or not still in force), that was made or purportedly made by the Minister before commencement under subregulation 9(3) of the Autonomous Sanctions Regulations 2011 (as in force at the time the instrument was made or purportedly made), if the instrument would, apart from this item, be wholly or partly invalid only because the Minister did not consider whether the Minister should exercise the Minister's discretion to:
 (a) declare that a specified designation of a person or entity continues to have effect; or
 (b) declare that a specified declaration of a person continues to have effect; or
 (c) declare that a specified designation, and a specified declaration, of a person continue to have effect.
(3) The instrument is taken for all purposes to be, and to have always been, valid and effective.
(4) Anything done, or anything purported to have been done, by a person that would have been wholly or partly invalid except for subitem (3) 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.
(5) 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.