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Workers Rehabilitation and Compensation Act 1988
SCHEDULE 8 - Savings and transSCHEDULE 8 - Savings and transitional provisions
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# SCHEDULE 8 - Savings and trans SCHEDULE 8 - Savings and transitional provisions
*\[Schedule 8 Amended by No. 16 of 1995, s. 90 \]*
[Section 164](#GS164@EN)
> **1. **Interpretation****
>
> > In this Schedule –
> >
> > > ***approved insurer*** means an approved insurer within the meaning of the [repealed Act](/view/html/inforce/2026-04-12/act-9999-999#) ;
> >
> > > ***commencement day*** means the day fixed under [section 2](#GS2@EN) [(2)](#GS2@Gs2@EN) .
> **2. **Proceedings commenced under repealed Act to be continued under that Act****
>
> > Subject to [section 69A](#GS69A@EN) , all proceedings that have been commenced under the [repealed Act](/view/html/inforce/2026-04-12/act-9999-999#) and that have not on the commencement day been finally determined shall be continued and determined under that Act.
> **3. **Provisions with respect to orders under section 3 (5) of repealed Act****
>
> > An order under [section 3 (5) of the repealed Act](/view/html/inforce/2026-04-12/act-9999-999#GS3@Gs5@EN) that is in force immediately before the commencement day continues in force after that day as if it had been made under [section 66](#GS66@EN) .
> **4. **Provisions with respect to employers maintaining policy of insurance complying with section 34 (1) of repealed Act****
>
> > An employer who, immediately before the commencement day, maintains in force with an approved insurer a policy of insurance complying with [section 34 (1) of the repealed Act](/view/html/inforce/2026-04-12/act-9999-999#GS34@Gs1@EN) shall, on that day, be deemed to be maintaining in force with a licensed insurer a policy of insurance that complies with [section 97](#GS97@EN) [(1)](#GS97@Gs1@EN) .
> **5. **Certain insurers not guilty of offence under section 98****
>
> > > (1) An insurer –
> > >
> > > > > (a) who carried on, as an approved insurer, workers compensation insurance business in this State immediately before the commencement day; and
> > > >
> > > > > (b) who has not been refused a licence under [section 101](#GS101@EN) –
> > >
> > > is not guilty of an offence under [section 98](#GS98@EN) by reason only that, not being a licensed insurer, he carries on workers compensation insurance business in this State during the period of 3 months after the commencement day.
> >
> > > (2) An insurer who –
> > >
> > > > > (a) carried on, as an approved insurer, workers compensation insurance business in this State immediately before the commencement day;
> > > >
> > > > > (b) has, within 3 months after the commencement day applied under [section 100](#GS100@EN) for a licence under this Act; and
> > > >
> > > > > (c) has not withdrawn the application or been refused a licence under [section 101](#GS101@EN) –
> > >
> > > is not guilty of an offence under [section 98](#GS98@EN) by reason only that, not being a licensed insurer, he carries on workers compensation insurance business in this State after the expiration of 3 months after the commencement day.