Section 90 — Fair Work Act 2009: Employee authorised deductions

(1) An authorisation made for the purposes of paragraph 324(1)(a) that is in force immediately before the commencement of Schedule 5 continues in force, after the commencement, until it is withdrawn. (2) An authorisation covered by subclause (3) that is in force immediately before the commencement of Schedule 5: (a) is taken to be, and taken always to have been, made in compliance with section 324 as in force immediately before the commencement; and (b) continues in force, after the commencement, until it is withdrawn. (3) An authorisation is covered by this subclause if the authorisation: (a) was purportedly made for the purposes of paragraph 324(1)(a) as in force immediately before the commencement of Schedule 5; and (b) purportedly authorises multiple or ongoing deductions for amounts as varied from time to time; and (c) would, after the commencement, comply with section 324 of the amended Act. (4) However, paragraph (2)(a) does not affect rights or liabilities arising between parties to proceedings: (a) in which judgment is reserved by a court before the commencement of Schedule 5; or (b) which have been heard and finally determined by a court before the commencement; to the extent those rights or liabilities arose from, or were affected by, an authorisation covered by subclause (3).