Document ID: chunk:federal_register_of_legislation:C2007A00108:clause:6_6
Version: federal_register_of_legislation:C2007A00108
Segment Type: clause
Provision Reference: sch 6 cl 6
Character Range: 40485–42777

6  References in certain instruments to Authority

(1) If:
 (a) an instrument was in force immediately before the transition time; and
 (b) the instrument is an instrument covered by one or more of the following subparagraphs:
 (i) an instrument that was made by the Authority;
 (ii) an instrument to which the Authority was a party;
 (iii) an instrument that was given to, or in favour of, the Authority;
 (iv) an instrument under which any right or liability accrues or may accrue to the Authority;
 (v) any other instrument in which a reference is made to the Authority; and
 (c) a reference in the instrument to the Authority is a reference to the Authority as an entity with a particular power or capacity (for example, as party to a contract or the holder of real or personal property); and
 (d) the Commission does not have that power or capacity;
the reference has effect after the transition time as if it were a reference to the Commonwealth.

(2) To avoid doubt, if:
 (a) an instrument was in force immediately before the transition time; and
 (b) the instrument is an instrument covered by one or more of the following subparagraphs:
 (i) an instrument that was made by the Authority;
 (ii) an instrument to which the Authority was a party;
 (iii) an instrument that was given to, or in favour of, the Authority;
 (iv) an instrument under which any right or liability accrues or may accrue to the Authority;
 (v) any other instrument in which a reference is made to the Authority; and
 (c) a reference in the instrument to the Authority is a reference to the Authority as an entity with a particular power or capacity; and
 (d) the Commission has that power or capacity;
section 25B of the Acts Interpretation Act 1901 applies in relation to the reference.

Note: After the transition time, the reference to the Authority will be construed as a reference to the Commission. This is because the body corporate that is the Authority continues in existence as the Commission after the transition time (see section 4 of the Wheat Marketing Act 1989 and section 25B of the Acts Interpretation Act 1901).

(3) The regulations may determine that one of subitems (1) and (2), rather than the other of those subitems, applies in relation to a particular reference or class of references.