54APre‑existing capacity under special bilateral arrangement

54A Pre‑existing capacity under special bilateral arrangement

(1) In this section:

pre‑existing capacity means capacity:

(a) that came into existence before the commencement of this section; and
(b) to which an agreement or arrangement entered into between:
(i) an entity or organisation nominated or otherwise similarly authorised by Australia; and
(ii) another country;
relates.

(2) The Minister may, by legislative instrument, declare that this Act applies to the pre‑existing capacity referred to in the declaration as if, immediately after the commencement of this section, the Commission had made a determination in the terms set out in the declaration. (3) This Act (other than section 7 and Division 1 of Part 3) has effect in relation to that capacity as if the Commission had made a determination accordingly. (4) The terms set out in the declaration as the terms and conditions of the determination: (a) may include a statement to the effect that the determination is an interim determination; and (b) must state as the period during which the determination is to be in force: (i) if the determination is an interim determination—the period of 3 years starting on the date of commencement of this section; or (ii) otherwise—the period of 5 years starting on that date.