13

13 Transitional – continuing acts and omissions

(1) This section applies in relation to an act or an omission by Corrective Services NSW, a member of CSNSW staff, or a CSNSW contractor that: (a) started to be performed, or that started to occur, before the commencement of this instrument; and (b) continued to be performed, or continued to occur, after the commencement of this instrument; and (c) immediately before the commencement of this instrument, was exempt from Part 3.1, Part 4.1 and Part 4.2 of the Act under either: (i) the Radiocommunications (Testing and Field Trial by Corrective Services NSW of PMTS Jamming Devices at Goulburn Correctional Complex) Exemption Determination 2016; or (ii) the Radiocommunications (Use by Corrective Services NSW of PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination 2018.

Note: The Radiocommunications (Use by Corrective Services NSW of PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination 2018 is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

(2) If this section applies in relation to an act, that act continues to be exempt after the commencement of this instrument if: (a) where the act, when it started to be performed, was exempt under the Radiocommunications (Testing and Field Trial by Corrective Services NSW of PMTS Jamming Devices at Goulburn Correctional Complex) Exemption Determination 2016 – the circumstances specified in paragraphs 7(3)(a) to (c) and (e) to (i) of that determination continue to exist until the act ceases to be performed; (b) where the act, when it started to be performed, was exempt under the Radiocommunications (Use by Corrective Services NSW of PMTS Jamming Devices at Lithgow Correctional Centre) Exemption Determination 2018 – the circumstances specified in subsection 7(2) of that determination continue to exist until the act ceases to be performed. (3) If this section applies in relation to an omission, that omission continues to be exempt after the commencement of this instrument if all of the circumstances specified in subsections 10(2), 10(3), 10(4), 10(6), 10(7) and 10(8): (a) exist at the commencement of this instrument; and (b) continue to exist until the omission ceases to occur.