Document ID: chunk:federal_register_of_legislation:C2016C00432:clause:2_21
Version: federal_register_of_legislation:C2016C00432
Segment Type: clause
Provision Reference: sch 2 cl 21
Character Range: 27125–29553

21  References in instruments to AFC

Application
(1) This item applies to an instrument that:
 (a) is in force immediately before the transition time; and
 (b) contains a reference to AFC.

AFC to Screen Australia
(2) If the instrument relates to:
 (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of Screen Australia; or
 (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, Screen Australia;
then the reference to AFC has effect, at and after the transition time, as if it were a reference to Screen Australia.

AFC to NFSAA
(3) If the instrument relates to:
 (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of NFSAA; or
 (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, NFSAA;
then the reference to AFC has effect, at and after the transition time, as if it were a reference to NFSAA.

AFC to AFTRS
(4) If the instrument relates to:
 (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of AFTRS; or
 (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, AFTRS;
then the reference to AFC has effect, at and after the transition time, as if it were a reference to AFTRS.

AFC to Screen Australia, NFSAA, AFTRS or Commonwealth
(5) If subitem (2), (3) or (4) does not apply to the instrument, then the Minister may determine, in writing, that the reference to AFC has effect, at and after the transition time, as if it were a reference to one or more of the following:
 (a) Screen Australia;
 (b) NFSAA;
 (c) AFTRS;
 (d) the Commonwealth.
(6) A determination made under subitem (5) has effect accordingly.
(7) The Minister may make a determination under subitem (5) before or after the transition time.
(8) A determination made under subitem (5) is not a legislative instrument.

Instrument
(9) In this item:
instrument:
 (a) includes:
 (i) a contract, deed, undertaking or agreement; and
 (ii) a notice, authority, order or instruction; and
 (iii) an instrument made under an Act or regulations; but
 (b) does not include:
 (i) an Act; or
 (ii) instruments made under this Act.