27Transitional—things done under repealed instruments

27 Transitional—things done under [Repealed] instruments

(1) If: (a) a thing was done, or had effect as if it had been done, for a particular purpose under the Fair Work (Building Industry—Accreditation Scheme) Regulation 2016 (the old rules) before the commencement of this instrument; and (b) the thing could be done for that purpose under this instrument; the thing has effect for the purposes of this instrument as if it had been done under this instrument.

Note 1: Under item 11 of Schedule 2 to the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016, the Fair Work (Building Industry—Accreditation Scheme) Regulation 2016 continued in force from the start of 2 December 2016 as if it were rules made for the purposes of the Building and Construction Industry (Improving Productivity) Act 2016 (now renamed the Federal Safety Commissioner Act 2022).

Note 2: Section 28 of the Fair Work (Building Industry—Accreditation Scheme) Regulation 2016 provided that certain things done under the Fair Work (Building Industry—Accreditation Scheme) Regulations 2005 had effect as if they had been done under the Fair Work (Building Industry—Accreditation Scheme) Regulation 2016.

(2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to an accreditation, notice, application or other instrument being given or made.

Note: For example, an accreditation that was given, or had effect as if it had been given, under the old rules before the commencement of this instrument continues to have effect (until the end of the period of accreditation, or until the accreditation is cancelled or revoked) as if it were an accreditation given under this instrument.

(3) Nothing in this section prevents the variation, revocation or cancellation of an accreditation, notice, application or other instrument on or after the commencement of this section.