Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:2_12
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 2 cl 12
Character Range: 36403–38149

12  FWC to take over some processes
(1) On and after the WR Act repeal day:
 (a) an application, other than an interim application, that could have been made to any of the following because of item 11 may be made only to the FWC:
 (i) the Commission;
 (ii) the President;
 (iii) a member of the Commission;
 (iv) a Registrar; and
 (b) an appeal to the Commission that could have been instituted because of item 11 may be instituted only as an appeal to the FWC; and
 (c) a process (however described), other than an interim process, that could have been initiated by the Commission on its own motion because of item 11 may be initiated only by the FWC; and
 (d) a matter that could have been referred to the Commission under section 46PW of the Australian Human Rights Commission Act 1986 because of item 11 is to be referred only to the FWC.
(2) For the purposes of subitem (1), a law of the Commonwealth that relates to an application, appeal, process or matter referred to in that subitem is to be read:
 (a) as if a reference to a WR Act body or WR Act office were a reference to the FWC, as necessary; and
 (b) with any other necessary modifications.
Note: For WR Act body and WR Act office: see subitem 7(1) of Schedule 18.
(3) Subitems (1) and (2) apply subject to this Act.
(4) In this item:
interim application means an application that relates to a matter that is already before, or being dealt with by, the Commission, the President, a member of the Commission or a Registrar before the WR Act repeal day.
interim process means a process (however described) that relates to a matter that is already before, or being dealt with by, the Commission, the President, a member of the Commission or a Registrar before the WR Act repeal day.