Document ID: chunk:federal_register_of_legislation:C2016C00402:clause:1_3
Version: federal_register_of_legislation:C2016C00402
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 20638–22256

3  Transitional—eligible instruments
 (1) This clause applies to an eligible instrument if:
 (a) the eligible instrument was in force immediately before the commencement of this clause; and
 (b) either:
 (i) the eligible instrument was made or given under, or for the purposes of, a particular provision of the Petroleum (Submerged Lands) (Royalty) Act 1967; or
 (ii) the eligible instrument was made or given under, or for the purposes of, section 42 of the Petroleum (Submerged Lands) Act 1967.
 (2) The eligible instrument has effect, after the commencement of this clause, as if:
 (a) it had been made or given under, or for the purposes of, the corresponding provision of this Act; and
 (b) any requirement imposed by this Act in relation to the making or giving of the eligible instrument (including a requirement about the form of words) had been satisfied.
 (3) Subclause (2) does not prevent the eligible instrument continuing to have effect for the purposes of:
 (a) a particular provision of the Petroleum (Submerged Lands) (Royalty) Act 1967 as that Act continues to apply after its repeal because of clause 2 of this Schedule; or
 (b) section 42 of the Petroleum (Submerged Lands) Act 1967 as that section continues to apply after its repeal because of clause 2 of this Schedule.
 (4) For the purposes of this clause, in determining whether a provision is a corresponding provision:
 (a) regard must be had to the substance of the provision; and
 (b) if the provision appears to have expressed the same idea in a different form of words for the purpose of using a clearer style—disregard the difference.