10Things done by or under carried over provisions continue to have effect

10 Things done by or under carried over provisions continue to have effect (1) A thing that: (a) was done before commencement by, under, or for the purposes of, a carried over provision of the old Credit Code of a referring State or a Territory; and (b) had an ongoing significance (see subitems (3) and (4)) immediately before commencement for the purposes of that Code; has effect (and may be dealt with) after commencement, for the purposes of the new Credit Code, as if it were done by, under, or for the purposes of, the corresponding provision of the new Credit Code. Note: This item does not apply in relation to things done before commencement that relate to court or tribunal orders or proceedings: see subitem 8(2). (2) Without limiting subitem (1), examples of things done include: (a) the making of an instrument or order (but not including the making of an order by a court or tribunal); and (b) the making of an application or claim (but not including the making of an application or claim to a court or tribunal); and (c) the granting of an application or claim (but not including the granting of an application or claim by a court or tribunal); and (d) the making of an appointment or delegation; and (e) the commencement of a procedure or the taking of a step in a procedure (but not including the bringing of proceedings in a court or tribunal); and (f) requiring a person to do, or not to do, something (but not including a requirement contained in an order made by a court or tribunal); and (g) the giving of a notice or document. (3) A thing done by, under, or for the purposes of, a carried over provision of the old Credit Code of a referring State or a Territory had an ongoing significance immediately before commencement for the purposes of that Code if: (a) if the thing done was the making of an instrument or order—the instrument or order was still in force immediately before commencement; or (b) if the thing done was the making of an application or claim—the application or claim had not been decided, and had not otherwise ceased to have effect, before commencement; or (c) if the thing done was the granting of an application or claim—the thing granted had not been revoked, and had not otherwise ceased to have effect, before commencement; or (d) if the thing done was the making of an appointment or delegation—the appointment or delegation had not been revoked, and had not otherwise ceased to have effect, before commencement; or (e) if the thing done was the commencement of a procedure or the taking of a step in a procedure—the procedure was still in progress immediately before commencement or was otherwise still having an effect; or (f) if the thing done was requiring a person to do, or not to do something—the requirement was still in force immediately before commencement; or (g) if the thing done was the giving of a notice or document, or the doing of some other thing—the notice or document (or the giving of the notice or document), or the thing (or the doing of the thing), had an ongoing effect or significance immediately before commencement for the purposes of the old Credit Code of the State or Territory. (4) Despite subitem (3), the regulations may provide that a specified thing done under, or for the purposes of, a carried over provision of the old Credit Code of a referring State or a Territory did, or did not, have an ongoing significance immediately before commencement for the purposes of that Code. 11 Creation of equivalent rights and liabilities to those that existed before commencement under carried over provisions of the old Credit Code (1) This item applies in relation to a right or liability (the old right or liability), whether civil or criminal, that: (a) was acquired, accrued or incurred under a carried over provision of the old Credit Code of a referring State or a Territory; and (b) was in existence immediately before commencement. Note: This item does not apply in relation to a right or liability under orders made by a court or tribunal before commencement: see subitem 8(2). (2) On commencement, the person acquires, accrues or incurs a right or liability (the substituted right or liability), equivalent to the old right or liability, under the corresponding provision of the new Credit Code, as if that provision applied to the conduct or circumstances that gave rise to the old right or liability. Note: If a time limit applied in relation to the old right or liability under the old Credit Code, that same time limit (calculated from the same starting point) will apply under the new Credit Code to the substituted right or liability: see subitem 13(3). (3) A procedure, proceeding or remedy in relation to the substituted right or liability may be brought after commencement under the new Credit Code, as if that provision applied to the conduct or circumstances that gave rise to the old right or liability. Note: For pre‑commencement proceedings in relation to substituted rights and liabilities, see item 4. 12 Creation of equivalent rights and liabilities to those that existed before commencement under repealed provisions of the old Credit Code (1) This item applies in relation to a right or liability (the old right or liability), whether civil or criminal, that: (a) was acquired, accrued or incurred under a provision of the old Credit Code of a referring State or a Territory that was no longer in force immediately before commencement; and (b) was in existence immediately before commencement. Note: This item does not apply in relation to a right or liability under orders made by a court or tribunal before commencement: see subitem 8(2). (2) For the purposes of subitems (3) and (4), the new Credit Code is taken to include: (a) the provision of the old Credit Code (with such modifications (if any) as are necessary) under which the old right or liability was acquired, accrued or incurred; and (b) the other provisions of the old Credit Code (with such modifications (if any) as are necessary) that applied in relation to the old right or liability; other than to the extent that the provision relates to proceedings in, or orders of, a tribunal. (3) On commencement, the person acquires, accrues or incurs a right or liability (the substituted right or liability), equivalent to the old right or liability, under the provision taken to be included in the new Credit Code by paragraph (2)(a), as if that provision applied to the conduct or circumstances that gave rise to the old right or liability. Note: If a time limit applied in relation to the old right or liability under the old Credit Code, that same time limit (calculated from the same starting point) will apply under the new Credit Code to the substituted right or liability: see subitem 13(3). (4) A procedure, proceeding or remedy in relation to the substituted right or liability may be instituted after commencement under the provisions taken to be included in the new Credit Code by subitem (2), as if those provisions applied to the conduct or circumstances that gave rise to the old right or liability. Note: For pre‑commencement proceedings in relation to substituted rights and liabilities, see item 4.