Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a right or liability (the pre - commencement right or liability ), whether civil or criminal, that:
(a) was:
(i) acquired, accrued or incurred under a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory that was no longer in force immediately before the commencement; and
(ii) in existence immediately before the commencement; or
(b) would have been:
(i) acquired, accrued or incurred under such a provision; and
(ii) in existence immediately before the commencement;
if every agreement that was valid only because of section 249 had been a valid agreement without the application of that section.
However, this section does not apply to a right or liability under an order made by a court before the commencement.
(2) For the purposes of subsections (3) and (4), the new ASIC legislation is taken to include:
(a) the provision of the old ASIC legislation (with such modifications (if any) as are necessary) under which the right or liability was acquired, accrued or incurred; and
(b) the other provisions of the old ASIC legislation (with such modifications (if any) as are necessary) that applied in relation to the right or liability.
(3) On the commencement, the person acquires, accrues or incurs a right or liability (the substituted right or liability ), equivalent to the pre - commencement right or liability, under the provision taken to be included in the new ASIC legislation by paragraph (2)(a) (as if that provision applied to the conduct or circumstances that gave rise to the pre - commencement right or liability).
Note: If a time limit applied in relation to the pre - commencement right or liability under the old ASIC legislation, that same time limit (calculated from the same starting point) will apply under the new ASIC legislation to the substituted right or liability--see subsection 278(3).
(4) A procedure, proceeding or remedy in respect of the right or liability may be instituted after the commencement under the provisions taken to be included in the new ASIC legislation by subsection (2) (as if those provisions applied to the conduct or circumstances that gave rise to the pre - commencement right or liability).
Note: For pre - commencement proceedings in respect of substituted rights and liabilities, see sections 267 and 268.
(5) This section does not apply to a pre - commencement right or liability that:
(a) existed under a law of the Commonwealth or of a State or Territory; and
(b) would not have existed if any agreement that is valid only because of section 249 had been a valid agreement without the application of that section.
(6) Paragraph (1)(b) and subsection (5) have effect in relation to:
(a) proceedings (whether original or appellate) that begin on or after the day the Treasury Laws Amendment (2017 Measures No. 3) Act 2017 receives the Royal Assent; and
(b) proceedings that began before that day, if the proceedings (including any appeals) had not been finally determined as at that day.
(7) Nothing in paragraph (1)(b) or subsection (5) or (6) limits the operation of section 249.