Document ID: chunk:federal_register_of_legislation:C2016C00432:clause:2_22
Version: federal_register_of_legislation:C2016C00432
Segment Type: clause
Provision Reference: sch 2 cl 22
Character Range: 29553–31273

22  Legal proceedings of AFC

Application
(1) This item applies to any proceedings:
 (a) that were pending in any court or tribunal immediately before the transition time; and
 (b) to which AFC was a party.

AFC to Screen Australia
(2) If the proceedings related, in whole or part, to an asset or liability that, as a result of the operation of item 2, becomes an asset or liability of Screen Australia, then Screen Australia is taken, at and after the transition time, to be substituted for AFC as a party to the proceedings.

AFC to NFSAA
(3) If the proceedings related, in whole or part, to an asset or liability that, as a result of the operation of item 2, becomes an asset or liability of NFSAA, then NFSAA is taken, at and after the transition time, to be substituted for AFC as a party to the proceedings.

AFC to AFTRS
(4) If the proceedings related, in whole or part, to an asset or liability that, as a result of the operation of item 2, becomes an asset or liability of AFTRS, then AFTRS is taken, at and after the transition time, to be substituted for AFC as a party to the proceedings.

AFC to Screen Australia, NFSAA, AFTRS or Commonwealth
(5) If subitem (2), (3) or (4) does not apply to the proceedings, then the Minister may determine, in writing, that one or more of the following bodies is taken, at and after the transition time, to be substituted for AFC as a party to the proceedings:
 (a) Screen Australia;
 (b) NFSAA;
 (c) AFTRS;
 (d) the Commonwealth.
(6) A determination made under subitem (5) has effect accordingly.
(7) The Minister may make a determination under subitem (5) before or after the transition time.
(8) A determination made under subitem (5) is not a legislative instrument.