Document ID: chunk:federal_register_of_legislation:C2024A00087:clause:1_843d
Version: federal_register_of_legislation:C2024A00087
Segment Type: clause
Provision Reference: sch 1 cl 843D
Character Range: 104985–106654

843D  Self‑executing provisions
 (1) The object of subsection (2) is to ensure that a self‑executing provision:
 (a) cannot start to apply against a body corporate for certain reasons; and
 (b) can be the subject of a Court order providing that the provision can only start to apply against a body corporate with the leave of the Court, and in accordance with such terms (if any) as the Court imposes.
 (2) Sections 843A to 843C apply in relation to a self‑executing provision in a corresponding way to the way those sections apply in relation to a right. For this purpose, assume those sections apply with such modifications as are necessary, including any prescribed by the regulations for the purposes of this subsection.
Note 1: This subsection achieves the object in subsection (1) by extending the application of all of the outcomes, exceptions and powers in sections 843A to 843C.
Note 2: These modifications include, for example, treating:
(a) a reference that a right cannot be enforced (however described) as including a reference that a self‑executing provision cannot start to apply; and
(b) the words "if the right arises for that reason by express provision (however described) of an arrangement" as being omitted from subsections 843A(1) and (2); and
(c) a reference that one or more rights are enforceable as including a reference that one or more self‑executing provisions can start to apply.
 (3) In this section:
self‑executing provision means a provision of an arrangement that can start to apply automatically:
 (a) for one or more reasons; and
 (b) without any party to the arrangement making a decision that the provision should start to apply.