Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:2_10
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 2 cl 10
Character Range: 231471–233391

10  Permits in relation to compulsory product information

(1) This item applies if:
 (a) a permit (the old permit) is issued to a person under an earlier corresponding law authorising the sale (within the meaning of the earlier corresponding law) of an article packed in advance ready for sale; and
 (b) the sale of the article would, but for the old permit, be an offence against a compulsory product information provision; and
 (c) immediately before the transition day, the old permit is still in force.

(2) The old permit has effect under the new law as if it had been issued:
 (a) in relation to the sale of the article (as defined for the purposes of the new law)—under paragraph 18JX(2)(a) of the new law; or
 (b) in relation to the possession of the article for sale, or the offering or exposure of the article for sale—under paragraph 18JX(3)(a) of the new law;
for the period:
 (c) beginning at the start of the transition day; and
 (d) ending on the earlier of:
 (i) the end of the day on which the old permit would have ceased to have had effect if the earlier corresponding law had not been repealed; and
 (ii) the end of the day that is 6 months after the transition day.

(3) For the purposes of this item, each of the following is a compulsory product information provision:
 (a) paragraph 28(3)(b) of the Trade Measurement Act 1989 of New South Wales;
 (b) paragraph 28(3)(b) of the Trade Measurement Act 1995 of Victoria;
 (c) paragraph 28(3)(b) of the Trade Measurement Act 1990 of Queensland;
 (d) paragraph 39(3)(b) of the Trade Measurement Act 2006 of Western Australia;
 (e) paragraph 28(3)(b) of the Trade Measurement Act 1993 of South Australia;
 (f) paragraph 28(3)(b) of the Trade Measurement Act 1999 of Tasmania;
 (g) paragraph 28(3)(b) of the Trade Measurement Act 1991 of the Australian Capital Territory;
 (h) paragraph 28(3)(b) of the Trade Measurement Act of the Northern Territory.