Document ID: chunk:federal_register_of_legislation:C2011C00793:clause:2_716
Version: federal_register_of_legislation:C2011C00793
Segment Type: clause
Provision Reference: sch 2 cl 716
Character Range: 120216–121626

716  Operation of laws—things done by, or in relation to, HIC

(1) If, before the commencement time, a thing was done by, or in relation to, HIC, a Commissioner, the Managing Director or HeSA, then, for the purposes of the operation of any law after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.

(2) For the purposes of subitem (1), a thing done before the commencement time under a provision amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

(3) The Minister may, by writing, determine that subitem (1):
 (a) does not apply in relation to a specified thing done by, or in relation to, HIC, a Commissioner, the Managing Director or HeSA; or
 (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Medicare Australia.
A determination under this subitem has effect accordingly.

(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a person or body other than the CEO, the Commonwealth or Medicare Australia.

(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

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