Document ID: chunk:federal_register_of_legislation:C2006A00082:clause:8_20
Version: federal_register_of_legislation:C2006A00082
Segment Type: clause
Provision Reference: sch 8 cl 20
Character Range: 99484–101924

20  References in instruments

References to old Institute taken to be references to Director or Commonwealth

(1) If:
 (a) an instrument is in force immediately before the commencement time; and
 (b) the instrument contains a reference to the old Institute (including a reference to the Board);
the instrument has effect from the commencement time as if the reference were a reference to the Director.

(2) However, if:
 (a) an instrument is in force immediately before the commencement time; and
 (b) the instrument relates to assets or liabilities covered by item 13 or 14; and
 (c) the instrument refers to the old Institute (including a reference to the Board);
the reference is to be read as a reference to the Commonwealth as necessary to give effect to item 13 or 14, as the case requires.

References to staff of old Institute taken to be references to staff of new Institute

(3) If:
 (a) an instrument is in force immediately before the commencement time; and
 (b) the instrument contains a reference to a member of the staff of the old Institute;
the instrument has effect from the commencement time as if the reference to the member of the staff of the old Institute were a reference to a member of the staff of the new Institute.

Minister and regulations may provide otherwise

(4) The Minister may, by legislative instrument, determine that subitem (1), (2) or (3):
 (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 Director were a reference to the Commonwealth; or
 (ii) in the case of subitem (2)—the reference in that subitem to the Commonwealth were a reference to the Director; or
 (iii) in the case of subitem (3)—the reference in that subitem to a member of the staff of the new Institute were a reference to the Director.
A determination under this subitem has effect accordingly.

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