Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_398
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 398
Character Range: 625438–626801

398  Continuation of public scheme

Establishment of new public scheme
(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.
(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.
(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.

Transition to new public scheme
(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:
 (a) by or under a corresponding provision of the amended Employment Act; and
 (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.