Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:5_11:p4
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 5 cl 11 (pt 4/4)
Character Range: 595279–597087

which notice was given under section 29 of the old Act, or a provision of a law of a State or Territory that is equivalent to that section, as if the details of the claim had not been removed from the Register.

Consequences of removal of claim—27 June 1996 and later cases

(12) If:
 (a) the application was made on or after 27 June 1996; and
 (b) under subitem (9) or (10), the Registrar removes the details of the claim from the Register;
then the new "right to negotiate" provisions (including as modified by Part 2 of this Schedule) or the old "right to negotiate" provisions, as the case requires, apply in relation to:
 (c) any act of which notice was given under section 29 of the old Act, or a provision of a law of a State or Territory that is equivalent to that section; and
 (d) any act of which notice was given under section 29 of the new Act, or a provision of a law of a State or Territory that is equivalent to that section, before the removal of the details;
as if the details had never been entered in the Register.

Agreements and determinations are not affected

(13) Despite subitem (12), if:
 (a) an agreement of the kind mentioned in paragraph 31(1)(b) of the new Act or of the old Act; or
 (b) a determination under section 36A or 38 of the new Act or under section 38 of the old Act; or
 (c) a declaration under section 42 of the new Act or of the old Act;
was made in relation to any of the acts mentioned in that subitem before the removal of details relating to the claim, the agreement, determination or declaration remains in effect after the removal of the details as if the subitem had not been enacted.

Note: This item is subject to any regulations that may be made under subsection 43(4) or 43A(11) of the new Act.

Part 5—Various application and transitional provisions