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BUSINESS NAMES (COMMONWEALTH POWERS) ACT 2011 No. 34 - SECT 9

9 Effect of termination of amendment reference

(1) A reference in this section to provisions referred to in section 7(b) includes a reference to national business names instruments made to carry out or give effect to the national business names legislation as amended by laws made under the amendment reference.

(2) It is the intention of the Parliament of the State that, if the amendment reference terminates before the initial reference terminates, the termination of the amendment reference does not affect—

(a) laws made under the amendment reference before the termination; or
(b) the continued operation in the State of the existing legislation or of the existing legislation as—
(i) amended after the termination by laws referred to in paragraph (a) that commence after the termination; or
(ii) amended or affected after the termination by provisions referred to in section 7(a) or (b).

(3) Accordingly, the amendment reference continues to have effect for the purposes of subsection (2) unless the initial reference is terminated.

(4) Subsection (2) or (3) does not apply to an amendment of the national business names legislation that is excluded from the operation of this section by the proclamation that terminates the amendment reference.

(5) In this section—

existing legislation means the national business names legislation as—

(a) amended by laws made under the amendment reference that have commenced before the termination; or
(b) amended or affected by provisions referred to in section 7(a) or (b) that have commenced before the termination;

and as in operation immediately before the termination.

termination means the termination of the amendment reference.



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