Subject to section 5, if an instrument is made by the Minister that:
(a) is an instrument of a kind referred to in column 2 of the following table; and
(b) was in force immediately before the commencement of this Act;
then the instrument:
(c) continues in force immediately after that commencement as if, at the time it had been made, it had been made, in the same terms, by the SMA as an instrument of the kind referred to in the corresponding item in column 3 of the following table; and
(d) is taken, for all purposes, to have been issued by the SMA as such an instrument.
TABLE | ||
Column 1 | Column 2 | Column 3 |
1. | Appointment of a person under paragraph 3(5)(a) or (b) to be an inspector. | Appointment of a person under paragraph 267(1)(a) or (b) to be an inspector. |
2. | A standard made under subsection 9(1). | A standard made under section 162. |
3. | A test permit granted under section 10. | A permit issued under section 167. |
4. | A permission given under subparagraph 11(2)(b)(i). | A permission given under subsection 174(1). |
5. | A compliance statement certificate issued under subsection 12(1). | A compliance certificate issued under section 184. |
6. | An advisory guideline made under subsection 16(1). | An advisory guideline made under section 262. |
7. | An assignment of a part of the spectrum to the ABA under subsection 18(3). | A referral of that part of the spectrum to the ABA under section 31. |
8. | A frequency band plan prepared under section 19. | A frequency band plan prepared under section 32. |
9. | A transmitter licence granted under section 24. | A transmitter licence issued under section 100. |
10. | A transmitter licence granted under section 24B. | A transmitter licence issued under section 102. |
11. | A certificate of proficiency issued under section 31. | A certificate of proficiency issued under section 121. |
12. | An approval of an examination under subsection 31(4). | An approval of an examination under section 122. |
13. | A declaration, under subsection 31(4), of a prescribed age for the purposes of section 31 in relation to a class of certificates of proficiency. | A declaration, under subsection 122(2), of a minimum age for the purposes of section 122 in relation to that class of certificates of proficiency. |
14. | A notice under subsection 32(1). | A request under subsection 123(1). |
15. | A temporary permit granted under section 35. | A transmitter licence issued under section 100. |
16. | A receiver licence granted under section 38. | A receiver licence issued under section 100. |
17. | A declaration of a period of emergency under section 40. | A declaration of a period of emergency under section 219. |
18. | An order made under section 41. | A restrictive order made under section 222. |
19. | Guidelines made under section 42. | Guidelines made under section 230. |
20. | A permission given under paragraph 65(5)(a). | A permission given under subsection 193(1). |
21. | A permission given under paragraph 65(12)(a). | A permission given under subsection 195(1). |
22. | A declaration under section 66A in relation to a device. | A declaration under subsection 190(1) in relation to the device. |
23. | An identity card issued under section 68. | An identity card issued under section 268. |
24. | A determination of a price-based allocation system under section 92A. | A determination of a price-based allocation system under section 106. |