Document ID: chunk:federal_register_of_legislation:C2017C00320:clause:1_7
Version: federal_register_of_legislation:C2017C00320
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 10030–10961

7  Legal proceedings of ARCo
(1) This item applies to any proceedings to which ARCo was a party that were pending in any court or tribunal immediately before the transfer time.
(2) If the proceedings related, in whole or part, to an asset or liability that, as a result of the operation of item 2, becomes an asset or liability of the Commonwealth, then the Commonwealth is taken, at and after the transfer time, to be substituted for ARCo as a party to the proceedings.
(3) If subitem (2) does not apply to the proceedings, then the Minister may determine, in writing, that the Commonwealth is taken, at and after the transfer time, to be substituted for ARCo as a party to the proceedings.
(4) A determination made under subitem (3) has effect accordingly.
(5) The Minister may make a determination under subitem (3) before or after the transfer time.
(6) A determination made under subitem (3) is not a legislative instrument.