Document ID: chunk:federal_register_of_legislation:C2011C00793:clause:2_717
Version: federal_register_of_legislation:C2011C00793
Segment Type: clause
Provision Reference: sch 2 cl 717
Character Range: 121626–123453

717  References in instruments

(1) If:
 (a) an instrument is in force immediately before the commencement time; and
 (b) the instrument contains a reference to HIC (however described), a Commissioner, the Managing Director or HeSA;
the instrument has effect from the commencement time as if the reference to HIC, the Commissioner, the Managing Director or HeSA were a reference to the CEO.

(2) If:
 (a) an instrument is in force immediately before the commencement time; and
 (b) the instrument contains a reference to an officer of HIC (however described);
the instrument has effect from the commencement time as if the reference to the officer of HIC were a reference to an employee of Medicare Australia.

(3) The Minister may, by writing, determine that subitem (1) or (2):
 (a) does not apply in relation to a specified reference; or
 (b) applies as if:
 (i) in the case of subitem (1)—the reference in that subitem to the CEO were a reference to the Commonwealth or to Medicare Australia; or
 (ii) in the case of subitem (2)—the reference in that subitem to an employee of Medicare Australia were a reference to the CEO.
A determination under this subitem has effect accordingly.

(4) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (3)(a) has effect from the commencement time as if:
 (a) in the case of an instrument covered by subitem (1)—the reference were a reference to a person or body other than the CEO, the Commonwealth or Medicare Australia; or
 (b) in the case of an instrument covered by subitem (2)—the reference were a reference to a person or body other than the CEO or an employee of Medicare Australia.

(5) This item has effect subject to subitem 718(3).

(6) A determination made under subitem (3) is not a legislative instrument.