Document ID: chunk:federal_register_of_legislation:C2016C00418:clause:5_104
Version: federal_register_of_legislation:C2016C00418
Segment Type: clause
Provision Reference: sch 5 cl 104
Character Range: 133567–134719

104  References in certain instruments to the Commonwealth
(1) This item applies if:
 (a) an instrument was in force immediately before the commencement day; and
 (b) the instrument contains a reference to the Commonwealth and the reference:
 (i) relates to an asset or liability that, as a result of this Part, becomes an asset or liability of the corporatised body; or
 (ii) otherwise relates to the corporatised body; and
 (c) the instrument is not part of, or associated with, a register referred to in item 103.
(2) The instrument has effect, from the commencement day, as if the reference to the Commonwealth were a reference to the corporatised body.
(3) The Minister may, by writing, determine that subitem (2) does not apply in relation to a specified reference.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
(4) A determination made under subitem (3) is not a legislative instrument.
(5) In this item:
enterprise agreement has the same meaning as in the Fair Work Act 2009.
instrument includes a contract or agreement, but does not include a contract of employment or an enterprise agreement.