Document ID: chunk:federal_register_of_legislation:C2004A00443:clause:4_21
Version: federal_register_of_legislation:C2004A00443
Segment Type: clause
Provision Reference: sch 4 cl 21
Character Range: 87128–88695

21  Transitional—eligible instruments

(1) This item applies to an eligible instrument if:
 (a) the eligible instrument was in force immediately before the commencement of this item; and
 (b) the eligible instrument was made or given under, or for the purposes of, a particular provision of the Telecommunications Act 1997 other than:
 (i) Subdivisions A to G of Division 6 of Part 7 of that Act; or
 (ii) Division 3 or 4 of Part 7A of that Act; and
 (c) that provision is repealed by this Schedule.

(2) The eligible instrument has effect, after the commencement of this item, as if:
 (a) it had been made or given under, or for the purposes of, the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999; and
 (b) any requirement imposed by that Act in relation to the making or giving of the eligible instrument had been satisfied.

(3) If the eligible instrument is a declaration under subsection 150(1) or (2) of the Telecommunications Act 1997, the instrument has effect as if it had been made under the corresponding provision of the Telecommunications (Consumer Protection and Service Standards) Act 1999 immediately before the commencement of this item.

(4) For the purposes of this item, it is to be assumed that section 20 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 had commenced immediately before the commencement of this item.

(5) In this item:

eligible instrument means regulations, a declaration, a determination, a direction, a standard or any other instrument.