57Research authorisations

57 Research authorisations

Research authorisations under the old regulations continue (1) Subsection (2) applies in relation to a research authorisation granted under subregulation 5.11(1) of the old regulations that was in effect immediately before the commencement time. (2) Without limiting section 53 or 54, the authorisation has effect after the commencement time as if: (a) the authorisation had been granted under subsection 21(1) of this instrument; and (b) any conditions on the authorisation immediately before the commencement time that were specified under subregulation 5.12(4) of the old regulations had been specified under subsection 22(4) of this instrument; and (c) any conditions on the authorisation immediately before the commencement time that were specified under regulation 5.26 of the old regulations had been specified under section 36 of this instrument; and (d) any research entity removed from the authorisation under regulation 5.28 of the old regulations had been removed from the authorisation under section 38; and (e) any research entity removed from the authorisation under regulation 5.29 of the old regulations had been removed from the authorisation under section 39. Old regulations in relation to former authorised research entities continue to apply (3) Despite the repeal of the old regulations by this instrument, regulations 5.30 and 5.31 and subregulations 5.36(3) and (4) of the old regulations continue to apply, as if the repeal had not happened, in relation to: (a) research authorisations (within the meaning of the old regulations) that ended before the commencement time; and (b) authorised research entities (within the meaning of the old regulations) that were removed from a research authorisation (within the meaning of the old regulations) before the commencement time. Decisions made under the old regulations can be reviewed under this instrument (4) If: (a) a decision mentioned in subregulation 5.32(1) of the old regulations was made (or was taken to have been made) under a provision of the old regulations before the commencement time; and (b) a decision of the same type could be made under a provision of this instrument (the equivalent provision); Subdivision F of Division 2 of Part 4 of this instrument applies as if the decision had been made under the equivalent provision. (5) If, before the commencement time: (a) a request to reconsider a decision is made under regulation 5.32 of the old regulations; and (b) the ACMA has not made a decision on the reconsideration; and (c) the ACMA has not been taken to have affirmed the decision; Subdivision F of Division 2 of Part 4 of this instrument applies as if the request had been made under section 42 of this instrument.