Document ID: chunk:federal_register_of_legislation:C2008A00061:clause:2_9
Version: federal_register_of_legislation:C2008A00061
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 29265–31185

9  Operation of laws

Things done by AASB or AUASB

(1) If, before the commencement time, a thing was done by, or in relation to, the AASB, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the Commonwealth.

(2) If, before the commencement time, a thing was done by, or in relation to, the AUASB, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the Commonwealth.

(3) For the purposes of subitems (1) and (2), a thing done before the commencement time under a provision that is amended by this Act 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.

Minister and regulations may provide otherwise

(4) The Minister may, by writing, determine that subitem (1) or (2):
 (a) does not apply in relation to a specified thing done by, or in relation to, the AASB or the AUASB (as the case requires); or
 (b) applies as if the reference in that subitem to the Commonwealth were a reference to the Office of the AASB or the Office of the AUASB (as the case requires).
A determination under this subitem has effect accordingly.

(5) The regulations may provide for a thing specified in a determination under paragraph (4)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the Office of the AASB or Office of the AUASB (as the case requires).

Meaning of doing

(6) For the purposes of this item, doing a thing includes making an instrument, but does not include making a standard or formulating guidance.

Determinations are not legislative instruments

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