Document ID: chunk:federal_register_of_legislation:C2004A04677:schedule:4:p4
Version: federal_register_of_legislation:C2004A04677
Segment Type: schedule
Provision Reference: sch 4 (pt 4/31)
Character Range: 165600–168330

subsection (4) are, after the commencement, taken to be liabilities incurred by the TSRA in the performance of its functions and the exercise of its powers.

(6) The following provisions apply to assets and liabilities that have become assets and liabilities of the TSRA:

    (a) an asset that was, immediately before the commencement, held by the Commission on trust must, after the commencement, be held by the TSRA on trust and subject to the terms of the trust on which the asset was so held by the Commission;

    (b) liabilities of the Commission to make payments are, after the commencement, taken to be liabilities incurred by the TSRA in the performance of its functions and the exercise of its powers.

Certificates in relation to estates or interests in land

  87. If:

    (a) under section 86, an estate or interest in land becomes an asset of the TSRA; and

  (b) a certificate that:

      (i) identifies the land and the estate or interest; and

        (ii) states that the estate or interest has, because of section 86, become an asset of the TSRA; and

        (iii) is signed by an officer of the Attorney-General's Department authorised by the Secretary to that Department to give such certificates;

  is lodged with the Registrar-General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the officer with whom the certificate is lodged may deal with, and give effect to, the certificate, as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest, as the case may be, to the TSRA that had been duly executed under the laws in force in that State or Territory.

Commission instruments

88. The Minister may, by notice in the Gazette, determine that a specified Commission instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after that commencement, has effect as if a reference in the instrument to the Commission were a reference to the TSRA.

Certificates relating to assets and liabilities

  89.(1) An authorised officer may certify in writing that:

     (a) an asset specified or described in the certificate became, because of section 86, an asset of the TSRA; or

     (b) a liability specified or described in the certificate became, because of section 86, a liability of the TSRA.

(2) A certificate under subsection (1) is, in all courts and for all purposes, prima facie evidence of the matter stated in the certificate.

(3) If a document purports to be a certificate under subsection (1) signed by a person purporting to be an authorised officer, judicial notice must be taken:

  (a)