Document ID: chunk:federal_register_of_legislation:C2016C00201:clause:5_77
Version: federal_register_of_legislation:C2016C00201
Segment Type: clause
Provision Reference: sch 5 cl 77
Character Range: 38458–39474

77  Saving instruments in force at commencement
(1) This item applies if:
 (a) a provision of an Act provides that an instrument (whether or not a legislative instrument) may be made under, or for the purposes of, the provision; and
 (b) an instrument made under, or for the purposes of, the provision is in force immediately before the commencement of this Schedule; and
 (c) the provision is:
 (i) amended; or
 (ii) repealed and substituted;
  by an item of this Schedule; and
 (d) after the provision has been amended or repealed and substituted, the provision still provides in the same or similar terms that an instrument may be made under, or for the purposes of, the provision.
(2) If the provision is amended, the amendment referred to in subparagraph (1)(c)(i) does not affect the continuity of the instrument.
(3) If the provision is repealed and substituted, the instrument is taken, after the commencement of this Schedule, to have been made under, or for the purposes of, the provision as substituted.