Document ID: chunk:federal_register_of_legislation:C2020A00013:clause:3_85
Version: federal_register_of_legislation:C2020A00013
Segment Type: clause
Provision Reference: sch 3 cl 85
Character Range: 134863–137101

85  Certificates of analysis given under old Export Control Law

Certificates given under old Export Control Order
(1) Subitem (2) applies if:
 (a) before the commencement time, an authorised officer or a person at a laboratory:
 (i) had analysed goods or another thing in relation to which an offence against the old Export Control Act, old Export Control Regulations or an old Export Control Order, was or is alleged to have been committed; and
 (ii) had given a certificate in respect of the analysis; and
 (b) proceedings for the offence:
 (i) had been instituted, but had not been finally determined, before the commencement time; or
 (ii) had not been instituted before the commencement time.
(2) The new Export Control Act applies in relation to the certificate and the proceedings for the offence as if:
 (a) the certificate had been given under section 414 of the new Export Control Act; and
 (b) a reference in section 415 of the new Export Control Act to "this Act" included a reference to the old Export Control Act, old Export Control Regulations or old Export Control Order; and
 (c) in subsection 415(2) of the new Export Control Act, the words "At least 14 days before" were omitted and the word "Before" were substituted.

Certificates given under old Part 2 of the AMLI Act
(3) Subitem (4) applies if:
 (a) before the commencement time, an analyst had signed a certificate, under subsection 53(2) of old Part 2 of the AMLI Act, in respect of a substance in relation to which an offence against that Part was or is alleged to have been committed; and
 (b) proceedings for the offence:
 (i) had been instituted, but had not been finally determined, before the commencement time; or
 (ii) had not been instituted before the commencement time.
(4) The new Export Control Act applies in relation to the certificate and the proceedings for the offence as if:
 (a) the certificate had been given under section 414 of the new Export Control Act; and
 (b) a reference in section 415 of the new Export Control Act to "this Act" included a reference to old Part 2 of the AMLI Act; and
 (c) in subsection 415(2) of the new Export Control Act, the words "At least 14 days before" were omitted and the word "Before" were substituted.