Fair Work Act 2009
Sch 1 s 90Employee authorised deductions
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90 Employee authorised deductions
(1) An authorisation made for the purposes of paragraph 324(1)(a) that is in force immediately before the commencement of Schedule 5 continues in force, after the commencement, until it is withdrawn.
(2) An authorisation covered by subclause (3) that is in force immediately before the commencement of Schedule 5:
(a) is taken to be, and taken always to have been, made in compliance with section 324 as in force immediately before the commencement; and
(b) continues in force, after the commencement, until it is withdrawn.
(3) An authorisation is covered by this subclause if the authorisation:
(a) was purportedly made for the purposes of paragraph 324(1)(a) as in force immediately before the commencement of Schedule 5; and
(b) purportedly authorises multiple or ongoing deductions for amounts as varied from time to time; and
(c) would, after the commencement, comply with section 324 of the amended Act.
(4) However, paragraph (2)(a) does not affect rights or liabilities arising between parties to proceedings:
(a) in which judgment is reserved by a court before the commencement of Schedule 5; or
(b) which have been heard and finally determined by a court before the commencement;
to the extent those rights or liabilities arose from, or were affected by, an authorisation covered by subclause (3).