Document ID: chunk:federal_register_of_legislation:C2008A00137:clause:2_9
Version: federal_register_of_legislation:C2008A00137
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 230167–231471

9  Continued use of existing licensee's mark

(1) This item applies if:
 (a) a mark (the old mark) has been approved by a licensing authority for use by or on behalf of a person holding a servicing licence under an earlier corresponding law (the licensee) in certifying a measuring instrument under the earlier corresponding law; and
 (b) immediately before the transition day:
 (i) the approval has not been revoked under the earlier corresponding law; and
 (ii) the servicing licence has not been cancelled.

(2) For the purposes of the new law, the old mark is taken to be a servicing licensee's mark approved by the Secretary under paragraph 18NB(4)(a) of the new law for use by or on behalf of the licensee in verifying measuring instruments during the period:
 (a) beginning at the start of the transition day; and
 (b) ending on the earliest of the following:
 (i) the end of the day that is 12 months after the transition day;
 (ii) if the licence that the licensee is taken to hold under item 12 of this Schedule is suspended or cancelled under section 18QC of the new law during that period—the start of the day on which the suspension or cancellation takes effect;
 (iii) the day on which a servicing licensee's mark is approved for use by the licensee under subitem 12(7).

Part 4—Permits