Document ID: chunk:federal_register_of_legislation:C2007A00115:clause:2_8
Version: federal_register_of_legislation:C2007A00115
Segment Type: clause
Provision Reference: sch 2 cl 8
Character Range: 23954–26374

8  References in instruments

References to Centre or Director taken to be references to CEO or Commonwealth

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

(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 2 or 3; and
 (c) the instrument refers to the Centre or to the Director;
the reference is to be read as a reference to the Commonwealth as necessary to give effect to item 2 or 3, as the case requires.

References to Board taken to be references to Commission

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

Minister and regulations may provide otherwise

(4) The Minister may, by writing, 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 CEO 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 CEO; or
 (iii) in the case of subitem (3)—the reference in that subitem to the Commission were a reference to the CEO.
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)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or
 (b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or
 (c) in the case of an instrument covered by subitem (3)—the reference were a reference to a specified person or body other than the Commission or the CEO.

Determinations are not legislative instruments

(6) A determination under subitem (4) is not a legislative instrument.