If proceedings arising from an application to the Registrar or a court under section 23 (Provisions as to non-use of trade mark) of the repealed Act were pending immediately before 1 January 1996, the repealed Act continues to apply:
(a) in relation to those proceedings; and
(b) for the purposes of any appeal from an order or direction of the Registrar or the court under that section;
as if the reference in subsection 23(1) to the Register were a reference to the Register within the meaning of this Act.
Note: For pending see subsection 11(2).