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s 5

Approved body etc. under the repealed Act to continue to exist

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5 Approved body etc. under the repealed Act to continue to exist

(1)

An approval of a person as an approved body under section 40B of the repealed Act that had effect immediately before 1 July 1997:

(a)

continues to have effect on and after that day, and may be varied and cancelled, as if it were an approval of the person as an approved body under section 89 of the new Act; and

(b)

continues to have effect until:

(i)

the third anniversary of the approval; or

(ii)

if the third anniversary of the approval occurs or has occurred before the day 3 months after the commencement of this subparagraph-that day;

(unless cancelled sooner).

(2)

An approval of a person as a trading house under section 40BA of the repealed Act that had effect immediately before 1 July 1997:

(a)

continues to have effect on and after that day, and may be varied and cancelled, as if it were an approval of the person as a trading house under section 89 of the new Act; and

(b)

unless sooner cancelled, continues so to have effect until the day on which it would have ceased to be in force under the repealed Act if that Act had not been repealed.

(3)

An approval of a group of persons as an approved joint venture or approved consortium under section 40BD of the repealed Act that had effect immediately before 1 July 1997:

(a)

continues to have effect on and after that day, and may be varied and cancelled, as if it were an approval of the group as a joint venture under section 89 of the new Act; and

(b)

unless sooner cancelled, continues so to have effect until the day on which it would have ceased to be in force under the repealed Act if that Act had not been repealed.

6 Guidelines relating to approved trading houses etc.

Any guidelines under section 41 or 42 of the repealed Act that had effect immediately before 1 July 1997 continue to have effect on and after that day, and may be varied and revoked, as if they were guidelines made under paragraph 101(1)(c) of the new Act.

7 Application for approval as a trading house etc.

(1)

Any application for approval as a trading house, as a joint venture or consortium, or as an approved body, under the repealed Act that was pending when that Act was repealed, is taken, for the purposes of the new Act, to be an application for approval as a trading house, as a joint venture or as an approved body (as the case may be) made under section 88 of the new Act on 1 July 1997.

(2)

Any questions asked by Austrade before 1 July 1997 of the person that made the application under the repealed Act, and any answers to those questions given before that date, are taken to be questions asked and answers given on 1 July 1997 for the purposes of the application that is taken to have been made under section 88 of the new Act.

8 Cancellation of approval as trading house etc.

(1)

An invitation under paragraph 40BC(2)(c) or 40BG(2)(c) of the repealed Act to make a written submission to Austrade within a period that ends on or after 1 July 1997 is taken to be an invitation issued on that day under paragraph 91(1)(b) of the new Act.

(2)

Any submission received by Austrade before 1 July 1997 as a result of any invitation referred to in subsection (1) is to be treated as a submission received on 1 July 1997 for the purposes of section 91 of the new Act.

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