sch.3-sec.104Existing pest declarations

### sch.3-sec.104 Existing pest declarations Subsection (2) applies if— under the repealed Act, section 4(1), a regulation prescribes an undeclared pest to be a pest for the purposes of that Act; and immediately before the commencement, the regulation is still in force. On the commencement, the regulation is taken to be a prohibited matter regulation declaring the pest to be prohibited matter. Subsection (4) applies if— under the repealed Act, section 4(2), the Minister has by notice declared an undeclared pest to be a pest for the purposes of that Act; and immediately before the commencement, the notice is still in force. On the commencement, the notice— is taken to be an emergency declaration, made by the chief executive under chapter 2, part 2, declaring the pest to be prohibited matter; and continues to have effect for the period it would have had effect under the repealed Act, section 4(3). (sch.3-sec.104-ssec.1) Subsection (2) applies if— under the repealed Act, section 4(1), a regulation prescribes an undeclared pest to be a pest for the purposes of that Act; and immediately before the commencement, the regulation is still in force. (sch.3-sec.104-ssec.2) On the commencement, the regulation is taken to be a prohibited matter regulation declaring the pest to be prohibited matter. (sch.3-sec.104-ssec.3) Subsection (4) applies if— under the repealed Act, section 4(2), the Minister has by notice declared an undeclared pest to be a pest for the purposes of that Act; and immediately before the commencement, the notice is still in force. (sch.3-sec.104-ssec.4) On the commencement, the notice— is taken to be an emergency declaration, made by the chief executive under chapter 2, part 2, declaring the pest to be prohibited matter; and continues to have effect for the period it would have had effect under the repealed Act, section 4(3). - (a) under the repealed Act, section 4(1), a regulation prescribes an undeclared pest to be a pest for the purposes of that Act; and - (b) immediately before the commencement, the regulation is still in force. - (a) under the repealed Act, section 4(2), the Minister has by notice declared an undeclared pest to be a pest for the purposes of that Act; and - (b) immediately before the commencement, the notice is still in force. - (a) is taken to be an emergency declaration, made by the chief executive under chapter 2, part 2, declaring the pest to be prohibited matter; and - (b) continues to have effect for the period it would have had effect under the repealed Act, section 4(3).