Document ID: chunk:federal_register_of_legislation:C2021C00518:section:38a
Version: federal_register_of_legislation:C2021C00518
Segment Type: section
Provision Reference: s 38A
Character Range: 42723–44551

38A  Effect of certain listings
 (1) In this section:
listing:
 (a) means one of the following as in force at any time before the commencement of this section:
 (i) a listing under subsection 15(1) of a person or entity;
 (ii) a listing under subsection 15(3) of an asset or class of asset; and
 (b) to avoid doubt, includes a listing given effect by regulation 4 of the previous regulations.
previous regulations means the Charter of the United Nations (Terrorism and Dealings with Assets) Regulations 2002.
registered means registered on:
 (a) the Federal Register of Legislation (within the meaning of the Legislation Act 2003); or
 (b) the Register (within the meaning of the Legislative Instruments Act 2003 as in force before 5 March 2016).
 (2) Subsection (4) applies if, apart from this section, a listing would not have applied, or been enforceable, in relation to a person at a time before the commencement of this section only because the listing was not registered at the time.
 (3) Subsection (4) also applies if, apart from this section, a listing would not have applied in relation to a person at a time before the commencement of this section only because the listing was taken to be repealed by paragraph 32(2)(b) of the Legislative Instruments Act 2003 (as in force before 5 March 2016) because the listing had not been registered by a particular time.
 (4) The listing is taken, for all purposes, to have been registered at the time.
 (5) To avoid doubt:
 (a) anything done or purported to have been done by a person that would have been invalid except for subsection (4) is taken always to have been valid, despite any effect that may have on the accrued rights of any person; and
 (b) this section applies in relation to civil and criminal proceedings, including proceedings that are pending or concluded.