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REGULATORY POWERS (STANDARDISATION REFORM) ACT 2017 - SCHEDULE 6

Amendment of the Defence Reserve Service (Protection) Act 2001

Part   1 -- Amendments

Defence Reserve Service (Protection) Act 2001

2   Section   75

Repeal the section, substitute:

75   Injunctions

Enforceable provisions

  (1)   The provisions of this Act are enforceable under Part   7 of the Regulatory Powers Act.

Note 1:   The expression this Act has an extended meaning (see section   7).

Note 2:   Part   7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person

  (2)   For the purposes of Part   7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection   ( 1):

  (a)   an interested person;

  (b)   a prescribed person acting on behalf of an interested person.

Relevant court

  (3)   For the purposes of Part   7 of the Regulatory Powers Act, a court mentioned in subsection   77(1) of this Act is a relevant court in relation to the provisions mentioned in subsection   ( 1) of this section.

Extension to external Territories

  (4)   Part   7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection   ( 1), extends to every external Territory.

Part   2 -- Application and saving provisions

3   Application and saving provisions--injunctions

(1)   Part   7 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under section   75 of the Defence Reserve Service (Protection) Act 2001 , applies in relation to contraventions occurring on or after the commencement of this Schedule.

(2)   Section   75 of the Defence Reserve Service (Protection) Act 2001 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to contraventions occurring before the commencement of this Schedule.

(3)   If, immediately before the repeal of section   75 of the Defence Reserve Service (Protection) Act 2001 by item   2 of this Schedule, a person holding or acting in a particular office was a prescribed person for the purposes of paragraph   75(1)(b) of that Act, a person holding or acting in that office is taken to be a prescribed person for the purposes of paragraph   75(2)(b) of that Act, as that paragraph applies in relation to contraventions occurring on or after the commencement of this Schedule.

(4)   Subitem   ( 3) does not prevent the regulations from being amended or repealed by the Governor - General to change who is to be a prescribed person for the purposes of paragraph   75(2)(b) of the Defence Reserve Service (Protection) Act 2001 .



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