Document ID: chunk:federal_register_of_legislation:C2022C00138:clause:3_5:p2
Version: federal_register_of_legislation:C2022C00138
Segment Type: clause
Provision Reference: sch 3 cl 5 (pt 2/2)
Character Range: 15438–17340

under the rules:
 (i) unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or
 (ii) unless, and to the extent that, the person seeks a variation of the new approval under the rules;
 (b) if a person seeks a variation of the new approval under the rules, to the extent of the variation, evidence of a kind mentioned in paragraph (a) will not be sufficient to meet the evidential requirements of the rules;
 (c) any written conditions to which the old approval was subject are taken to be conditions that are specified in the new approval under the rules;
 (d) evidence that demonstrated that conditions of the old approval were satisfied is taken to be sufficient to satisfy the relevant conditions of the new approval under the rules:
 (i) unless the evidence is found to be false or misleading, or is found to omit any matter or thing without which the evidence is misleading; or
 (ii) unless, and to the extent that, the person seeks a variation of the new approval under the rules;
 (e) to the extent that a written condition to which the old approval was subject is inconsistent with:
 (i) a condition to which a road vehicle type approval is subject under the rules; or
 (ii) a requirement of the rules;
  then, to the extent of the inconsistency, the rules prevail.
(4) To avoid doubt, if a person is taken to have been granted a road vehicle type approval under the rules because of subitem (1), then the approval is subject to the new law.
(5) To avoid doubt, if:
 (a) a person is the holder of an old approval; and
 (b) during the 6 month period beginning immediately after commencement, the person does not take all of the actions required by paragraph (1)(b);
then, the person's approval ceases to be in force at the end of the transitional period (unless earlier cancelled or suspended under the old law).