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CHARTER OF THE UNITED NATIONS ACT 1945 - SECT 38A

Effect of certain listings

  (1)   In this section:

"listing" :

  (a)   means one of the following as in force at any time before the commencement of this section:

  (i)   a listing under subsection   15(1) of a person or entity;

  (ii)   a listing under subsection   15(3) of an asset or class of asset; and

  (b)   to avoid doubt, includes a listing given effect by regulation   4 of the previous regulations.

"previous regulations" means the Charter of the United Nations (Terrorism and Dealings with Assets) Regulations   2002 .

"registered" means registered on:

  (a)   the Federal Register of Legislation (within the meaning of the Legislation Act 2003 ); or

  (b)   the Register (within the meaning of the Legislative Instruments Act 2003 as in force before 5   March 2016).

  (2)   Subsection   (4) applies if, apart from this section, a listing would not have applied, or been enforceable, in relation to a person at a time before the commencement of this section only because the listing was not registered at the time.

  (3)   Subsection   (4) also applies if, apart from this section, a listing would not have applied in relation to a person at a time before the commencement of this section only because the listing was taken to be repealed by paragraph   32(2)(b) of the Legislative Instruments Act 2003 (as in force before 5   March 2016) because the listing had not been registered by a particular time.

  (4)   The listing is taken, for all purposes, to have been registered at the time.

  (5)   To avoid doubt:

  (a)   anything done or purported to have been done by a person that would have been invalid except for subsection   (4) is taken always to have been valid, despite any effect that may have on the accrued rights of any person; and

  (b)   this section applies in relation to civil and criminal proceedings, including proceedings that are pe nding or concluded.



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