—(1) For the purposes of this Part, a case shall, subject to subsection (2), be deemed to be a case to which a licence scheme applies if, in accordance with a licence scheme for the time being in operation, a licence would be granted in that case.
(2) For the purposes of this Part, where, in accordance with a licence scheme —
the licences that would be granted would be subject to conditions by virtue of which particular matters would be excepted from the licences; and
a case relates to one or more matters falling within such an exception,
that case shall be deemed not to be a case to which the scheme applies.
[Aust. 1968, s. 137]