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Supplementary Order Paper No 120

Clause 307

Replace clause 307 (line 30 on page 162 to line 11 on page 163) with:

307 Transitional provision for orders, directions, and other matters in effect on transition to new law

  • (1) Any order, direction, or other matter made under a repealed provision of the Patents Act 1953, and that is in effect immediately before its transition takes effect under subsection (3), continues to have effect as if it had been made under the provision of this Act—

    • (a) that, with or without modification, replaces, or that corresponds to, the provision of the Patents Act 1953 under which it was made; and

    • (b) under which it could be made.

    (2) The order, direction, or other matter may be amended or revoked as if it had been made under the provision of this Act that replaces, or that corresponds to, the provision of the Patents Act 1953 under which it was made.

    (3) The transition of an order, direction, or other matter takes effect for the purposes of this section on the later of the following:

    • (a) on the repeal of the provision under which the order, direction, or other matter is made; or

    • (b) if this Part provides, or regulations made under section 293A provide, that the order, direction, or other matter continues to apply after the repeal of the provision under which it is made, when it ceases to so continue to apply.