Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 640

             (1)  In this section:

"invalid provisions" means paragraph 30B(1)(d), and subregulation 30B(3), of the Workplace Relations Regulations as purportedly amended by the relevant amending regulations.

"relevant amending regulations" means the Workplace Relations Regulations (Amendment), Statutory Rules 1996 No. 307.

             (2)  Subject to subsection (3), the rights and liabilities of all persons are, by force of this section, declared to be, and always to have been, the same as if:

                     (a)  section 170CC of this Act, as in force during the period (the validation period ):

                              (i)  starting immediately before the time when the relevant amending regulations purported to commence; and

                             (ii)  ending on the commencement of this section;

                            had authorised the making of regulations containing the invalid provisions (in addition to what that section actually authorised to be dealt with in regulations); and

                     (b)  a regulation in the same terms as regulation 30B of the Workplace Relations Regulations, as purportedly amended by the relevant amending regulations:

                              (i)  had been made, and had commenced, immediately after the start of the validation period for the purposes of section 170CC as having effect as mentioned in paragraph (a); and

                             (ii)  had been amended by regulations in the same terms as, and commencing at the same time as, the provisions of the Workplace Relations Regulations (Amendment), Statutory Rules 1997 No. 101, that purported to amend regulation 30B; and

                            (iii)  had not subsequently been amended during the validation period.

             (3)  This section does not affect rights or liabilities arising between parties to proceedings heard and finally determined by the Commission or a court at or before the commencement of this section, to the extent that those rights or liabilities arose from, or were affected by, the invalidity of the invalid provisions.