Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_42
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 42
Character Range: 133423–135298

42  Transitional—standards

Scope
(1) This item applies to an instrument if:
 (a) the instrument was in force immediately before the commencement of this item; and
 (b) the instrument was made under subsection 162(1) of the Radiocommunications Act 1992.

Effect of instrument
(2) The instrument has effect, after the commencement of this item, as if:
 (a) it had been made as equipment rules under subsection 156(1) of the Radiocommunications Act 1992; and
 (b) any requirement imposed by the Radiocommunications Act 1992 or the Legislation Act 2003 in relation to the making of the instrument (including a requirement about the form of words) had been satisfied; and
 (c) in a case where the instrument has a paragraph of an explanatory note that:
 (i) is about the expression "device"; and
 (ii) includes the words "and subsection 9(1)";
  those words were omitted from that paragraph; and
 (d) in a case where the instrument includes:
 (i) the words "For paragraph 162(1)(a) of the Act"; or
 (ii) the words "for paragraph 162(1)(a) of the Act"; or
 (iii) the words "for the purposes of paragraph 162(1)(a) of the Act"; or
 (iv) the words "for the purpose of paragraph 162(1)(a) of the Act";
  those words were omitted from the instrument; and
 (e) in a case where the instrument includes:
 (i) the words "another standard made under section 162 of the Act"; or
 (ii) the words "another standard under section 162 of the Act";
  those words were omitted from the instrument and the words "another standard prescribed by the equipment rules" were substituted; and
 (f) in a case where the instrument has one or more explanatory notes that relate to the definition of non‑standard device—each of those notes were omitted from the instrument.
Note: Subsection 158(1) of the Radiocommunications Act 1992 provides that the equipment rules may prescribe standards for equipment.