Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:5:p4
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 5 (pt 4/6)
Character Range: 3958911–3961650

by the amending Regulations; and
 (b) the old application is for an instrument that authorises a particular activity or thing; and
 (c) CASA has not made a decision on the old application as at the main commencement time.

Old law continues to apply if application is for transitional instrument
 (2) If the old application is for an instrument of a kind covered by subregulation (4), then, despite the amending Regulations, the old Regulations continue to apply in relation to the application.

New law applies to other instruments
 (3) If:
 (a) the old application is not for an instrument of a kind covered by subregulation (4); and
 (b) under the new Regulations a person may apply for an authorisation in relation to the activity or thing mentioned in paragraph (1)(b); and
 (c) the requirements mentioned in subregulation 11.030(1) are met in relation to the old application;
then, both of the following apply:
 (d) the old application is taken:
 (i) to be an application under the new Regulations for an authorisation in relation to the activity or thing; and
 (ii) to meet the requirements mentioned in regulation 11.030 and any other requirements relating to the making of the application under another provision of the new Regulations that deals with authorisations of that kind; and
 (iii) to have been made at the main commencement time;
 (e) Part 11 (applications and decision making) of these Regulations applies in relation to the application.

Transitional instruments
 (4) An instrument is covered by this subregulation if:
 (a) despite the repeal of the provision of the old Regulations under which, or for the purposes of which, the instrument is made, the instrument continues in force after the main commencement time as a result of the operation of a provision of this Division; or
 (b) another provision of this Division provides that if the instrument is in force immediately before the main commencement time, a new instrument is taken to be made for the purposes of a provision of the new Regulations.

202.411B  Applications for exemptions under old law made before main commencement time

When this regulation applies
 (1) This regulation applies if:
 (a) before the main commencement time, a person made an application (the old application) to CASA for an exemption from compliance with a requirement under a provision (the old provision) of the old Regulations that is repealed by the amending Regulations or a provision (the old provision) of an instrument made under, or for the purposes of, the old Regulations or the Act; and
 (b) CASA has not made a decision on the old application as at the main commencement time.

Old law continues to apply if application is for transitional exemption
 (2) If the old