South Australian Numbered Acts

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BUSINESS NAMES (COMMONWEALTH POWERS) ACT 2012 (NO 4 OF 2012) - SECT 9

9—Effect of termination of amendment reference before termination of adoption

        (1)         In this section—

"existing legislation" means the national business names legislation as—

            (a)         amended by laws made under the amendment reference that have come into operation before the termination; or

            (b)         amended or affected by provisions referred to in section 7(a) or (b) that have come into operation before the termination,

and as in operation immediately before the termination;

"termination" means the termination of the amendment reference.

        (2)         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.

        (3)         It is the intention of the Parliament of the State that, if the amendment reference terminates before the adoption 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 come into operation after the termination; or

                  (ii)         amended or affected after the termination by provisions referred to in section 7(a) or (b).

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

        (5)         Subsection (3) or (4) does not apply to or in relation 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.



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