105Transitional provisions on enactment of Economic Regulator (Consequential Amendments) Act 2009

105 Transitional provisions on enactment of Economic Regulator (Consequential Amendments) Act 2009

[Section 105 Inserted by No. 59 of 2009, s. 43, Applied:01 Jun 2010]

(1)  In this section –

former Act means this Act as in force immediately before the transition day;

Regulator means the Regulator within the meaning of the former Act;

transition day means the day on which the Economic Regulator Act 2009 commences.

(2)  If a person was authorised by the Regulator or its delegate under section 9 of the former Act to exercise the powers of an authorised officer and is an authorised officer within the meaning of the former Act immediately before the transition day –

(a) that person is taken to have been authorised under section 9 of this Act by the Secretary to exercise the powers of an authorised officer; and

(b) the certificate of authority issued to the person by the Regulator or its delegate under section 9 of the former Act is taken to have been issued by the Secretary under section 9 of this Act.

(3)  Except as otherwise provided by this section or regulations made under section 103  –

(a) a delegation, declaration, requirement, order, direction, acceptance, determination, decision, approval, agreement, recommendation, recall, other decision, notice, certificate or other act made, given, done or omitted to be done by the Regulator before the transition day is taken, if appropriate, to have been made, given, done or omitted to be done by the Secretary; and

(b) an application or scheme made or submitted to the Regulator under the former Act that has not been determined before the transition day is taken to have been made to the Secretary under this Act; and

(c) a fee fixed by the Regulator under section 62 of the former Act is taken to have been fixed by the Secretary under of this Act; and