Document ID: chunk:federal_register_of_legislation:C2006A00095:clause:1_9
Version: federal_register_of_legislation:C2006A00095
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 8379–10016

9  References in instruments

References to Foundation taken to be references to Commonwealth

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

References to staff of Foundation taken to be references to staff of Department

(2) 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 Foundation;
the instrument has effect from the commencement time as if the reference to the member of the staff of the Foundation were a reference to a member of the staff of the Department.

Minister and regulations may provide otherwise

(3) The Minister may, by writing, determine that subitem (1) or (2) does not apply in relation to a specified reference. A determination under this subitem has effect accordingly.

(4) The regulations may provide that an instrument containing a reference specified in a determination under subitem (3) 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
 (b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than a member of the staff of the Foundation.

Determinations are not legislative instruments

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