Document ID: chunk:federal_register_of_legislation:C2024C00606:section:35:p2
Version: federal_register_of_legislation:C2024C00606
Segment Type: section
Provision Reference: s 35 (pt 2/3)
Character Range: 68770–71436

court or tribunal;
the receiving body is, on and after the day when the certificate comes into force, substituted for the transferring body as a party to the proceedings and has the same rights in the proceedings as the transferring body had.
Note: Alternative ways of dealing with substitution of parties (which are available for total or partial transfers) are:
(a) to deal with the matter in the certificate of transfer (see subsection (2)); or
(b) to deal with the matter in an approved section 30 statement (see subsection (3)).
 (5) Subject to subsections (2) and (3), if:
 (a) the transfer is a total transfer; and
 (b) on the day when the certificate comes into force, documentary or other evidence would (disregarding the transfer) have been admissible for or against the interests of the transferring body;
that evidence is admissible, on or at any time after that day, for or against the interests of the receiving body.
Note: Alternative ways of dealing with admissibility of evidence (which are available for total or partial transfers) are:
(a) to deal with the matter in the certificate of transfer (see subsection (2)); or
(b) to deal with the matter in an approved section 30 statement (see subsection (3)).
 (6) Subject to subsections (2) and (3), if the transfer is a total transfer, on and after the day when the certificate comes into force, each translated instrument continues to have effect, according to its tenor, as if a reference in the instrument to the transferring body were a reference to the receiving body. For this purpose:
translated instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the day when the certificate comes into force:
 (a) to which the transferring body is a party; or
 (b) that was given to, by or in favour of, the transferring body; or
 (c) that refers to the transferring body; or
 (d) under which money is, or may become, payable, or other property is, or may become, liable to be transferred, to or by the transferring body.
Note: Alternative ways of dealing with references in instruments (which are available for total or partial transfers) are:
(a) to deal with the matter in the certificate of transfer (see subsection (2)); or
(b) to deal with the matter in an approved section 30 statement (see subsection (3)).
 (7) Subject to subsections (2) and (3), on and after the day when the certificate comes into force, a place that, immediately before that day, was a place of business for the transferring body in relation to business that was transferred to the receiving body is taken to be a place of business for the receiving body.
Note: