Document ID: chunk:federal_register_of_legislation:C2013C00166:clause:1_3
Version: federal_register_of_legislation:C2013C00166
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 9880–11951

3  Additional provisions relating to order‑based rights or liabilities

Item applies to order‑based rights or liabilities
(1) This item applies in relation to rights or liabilities (order‑based rights or liabilities):
 (a) that a person is declared by item 2 to have; and
 (b) that were purportedly conferred, imposed or affected by an affected order.

New order made on basis that affected order was or might be invalid
(2) If:
 (a) before the commencement of this Part, a court or Registrar made an order (the new order) on the basis that the affected order was or might be invalid; and
 (b) the new order:
 (i) conferred or imposed rights or liabilities similar to or different from those purportedly conferred or imposed by the affected order; or
 (ii) affected rights or liabilities in the same way as they were purportedly affected by the affected order or in a different way;
item 2 is to be regarded as having ceased to have effect, in relation to the order‑based rights or liabilities, when the new order took effect.
Note 1: If the affected order was declared or held to be invalid before the commencement of this Part, this Part does not apply in relation to the order: see item 5.
Note 2: If the new order was made before 11 February 2012, the new order may itself be an affected order that gives rise to order‑based rights and liabilities.

Variation, revocation etc. of order‑based rights or liabilities
(3) A court or Registrar may vary, revoke, set aside, revive or suspend an order‑based right or liability in the same way as the court or Registrar could do so if the assumed matters had been the case.
(4) In addition to the powers of a court or Registrar under subitem (3), a court or Registrar also has power to make an order achieving any other result that could have been achieved if:
 (a) the assumed matters had been the case; and
 (b) the court or Registrar had been considering whether to vary, revoke, set aside, revive or suspend the affected order.

Generality of item 2 not limited
(5) Nothing in this item limits the generality of item 2.