Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Entry permits
A permit that is in force immediately before the WR Act repeal day under Part 15 of the WR Act, or that comes into force on or after that day under that Part, has effect:
(a) as if it were an entry permit in force under the FW Act; and
(b) subject to terms and conditions (including expiry date) like those to which it was subject under the WR Act.
2 Entry notices and exemption certificates
(1) An entry notice properly given:
(a) before the WR Act repeal day; and
(b) for an entry that has not occurred before that day;
has effect after the repeal as if it were properly given under the FW Act.
(2) An exemption certificate properly issued by a Registrar:
(a) before the WR Act repeal; and
(b) for an entry that has not occurred before the repeal;
has effect after the repeal as if it were properly issued by FWA.
3 Contravention of Acts etc.
The reference in subsections 481(1) and 483A(1) of the FW Act to a suspected contravention of this Act or a term of a fair work instrument is taken to include a reference to a suspected contravention of any of the following:
(a) the WR Act, as in force from time to time;
(b) a WR Act instrument;
(c) a transitional instrument;
(d) a Division 2B State instrument.
4 Notice to produce documents
A notice given under subsection 748(5) of the WR Act to produce, or allow access to, records on a day, or days, on or after the WR Act repeal day has effect, on and after the WR Act repeal day, as if it were given under subsection 483(1) of the FW Act.
6 Suspending or revoking entry permits
The FW Act applies as if:
(a) the reference in paragraph 510(1)(a) of that Act to the permit holder being found, in proceedings under this Act, to have contravened subsection 503(1) included a reference to the permit holder being found, in proceedings under the WR Act, as in force from time to time, to have contravened section 768 of the WR Act; and
(b) the reference in paragraph 510(1)(d) of the FW Act to "this Act" (being the FW Act) included a reference to the WR Act as in force from time to time and the reference in that paragraph to "this Part" (being Part 3 - 4 of the FW Act) included a reference to Part 15 of the WR Act; and
(c) the reference in paragraph 510(4)(a) of the FW Act to the FWC not having previously taken action under subsection (1) against the permit holder included a reference to the Registrar not having taken action against the permit holder under subsection 744(4) of the WR Act, as in force from time to time; and
(d) the references in paragraphs 510(4)(b) and (c) of the FW Act to the FWC having taken action under subsection (1) against the permit holder included a reference to the Registrar having taken action against the permit holder under subsection 744(4) of the WR Act, as in force from time to time.
7 Continued application of WR Act
(1) An instrument that, because of this Schedule, has effect under the FW Act continues, in addition to that effect, to have effect under the WR Act for the purposes of item 11 of Schedule 2.
(2) Any suspension or revocation of, or imposition of conditions on, an entry permit under the WR Act (as it continues to apply because of item 11 of Schedule 2) is also taken to have been done under the FW Act.
(3) Despite item 11 of Schedule 2, disputes about the operation of Part 15 of the WR Act that could, because of that item, have been dealt with under section 772 of that Act, may be dealt with only by the FWC under section 505 of the FW Act.
(4) For the purposes of subitem (3), section 505 of the FW Act applies:
(a) as if the reference in subsection (1) of that section to "this Part" (being Part 3 - 4 of the FW Act) were a reference to Part 15 of the WR Act; and
(b) in a similar way to the way in which it applies for the purposes of the FW Act.