Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of section 43, the relevant GEMS determination is the GEMS determination covering that product class that is in force at the time of making the decision on the application, unless subsection (2) or (3) applies.
(2) If the application is made:
(a) after a GEMS determination (the new determination ) that covers the product class is made; but
(b) before that determination comes into force;
then, unless subsection (3) applies, the relevant GEMS determination is the new determination.
Note: The product class might not be covered by an existing GEMS determination, or the new determination might be a replacement determination.
(3) If:
(a) a GEMS determination (the old determination ) that covers the product class is in force at the time the application is made; and
(b) a replacement determination that replaces the old determination has been made but has not come into force at that time; and
(c) the applicant elects under subsection (4) for the application to be determined on the basis that the model complies with the requirements of the old determination for that product class;
the relevant GEMS determination is the old determination.
(4) The applicant may make an election for the purposes of paragraph (3)(c) in the application under section 41.