9Transitional

9 Transitional

Radiocommunications (1) If: (a) a person used or applied a symbol that was a protected symbol before the commencement day; and (b) the use or application was for a purpose specified in the Protected Symbols Determination 2013, as in force at the time of that use or application: (i) in a case where that time is before the modernisation day – under subsection 188A(7) of the Radiocommunications Act 1992, as in force at that time; or (ii) in any other case – as if it had been made under subsection 165(9) of the Radiocommunications Act 1992; and (c) the symbol continues to be a protected symbol after the start of the commencement day; and (d) the use or application continues after the start of the commencement day for the same purpose; the use or application that occurs after the start of the commencement day is taken to be for a purpose specified in this instrument under subsection 165(9) of the Radiocommunications Act 1992 (except to the extent that the use or application is already for such a purpose or otherwise authorised by or under that Act or the equipment rules).

Note: For paragraph (b), see item 48 of Part 4 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020.

Telecommunications (2) If: (a) a person used or applied a symbol that was a protected symbol before the commencement day; and (b) the use or application was for a purpose specified in the Protected Symbols Determination 2013, as in force at the time of that use or application under subsection 417(7) of the Telecommunications Act 1997; and (c) the symbol continues to be a protected symbol after the start of the commencement day; and (d) the use or application continues after the start of the commencement day for the same purpose; the use or application that occurs after the start of the commencement day is taken to be for a purpose specified in this instrument under subsection 417(7) of the Telecommunications Act 1997 (except to the extent that the use or application is already for such a purpose or otherwise authorised by or under that Act). Definitions (3) In this section:

commencement day means the day this instrument commences.

modernisation day means the day item 48 of Part 4 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced.

Note: Item 48 of Part 4 of Schedule 4 to the Radiocommunications Legislation Amendment (Reform and Modernisation) Act 2020 commenced on 17 June 2021.