Document ID: chunk:federal_register_of_legislation:C2011C00785:clause:4_9:p1
Version: federal_register_of_legislation:C2011C00785
Segment Type: clause
Provision Reference: sch 4 cl 9 (pt 1/2)
Character Range: 42092–44694

9  References in instruments

References to old Commission taken to be references to CEO or Commonwealth

(1) If:
 (a) an instrument is in force immediately before the commencement time; and
 (b) the instrument contains a reference to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);
the instrument has effect from the commencement time as if the reference were a reference to the CEO.

(2) However, if:
 (a) an instrument is in force immediately before the commencement time; and
 (b) the instrument relates to assets or liabilities covered by item 2 or 3; and
 (c) the instrument refers to the old Commission (including a reference to the Board, the Managing Director or the Deputy Managing Director);
the reference is to be read as a reference to the Commonwealth as necessary to give effect to item 2 or 3, as the case requires.

References to staff of old Commission taken to be references to staff of new Commission

(3) If:
 (a) an instrument is in force immediately before the commencement time; and
 (b) the instrument contains a reference to a member of the staff of the old Commission;
the instrument has effect from the commencement time as if the reference to the member of the staff of the old Commission were a reference to a member of the staff of the new Commission referred to in section 60 of the new law.

Minister and regulations may provide otherwise

(4) The Minister may, by writing, determine that subitem (1), (2) or (3):
 (a) does not apply in relation to a specified reference; or
 (b) applies as if:
 (i) in the case of subitem (1)—the reference in that subitem to the CEO were a reference to the Commonwealth; or
 (ii) in the case of subitem (2)—the reference in that subitem to the Commonwealth were a reference to the CEO; or
 (iii) in the case of subitem (3)—the reference in that subitem to a member of the staff of the Commission were a reference to the CEO.
A determination under this subitem has effect accordingly.

(5) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (4)(a) has effect from the commencement time as if:
 (a) in the case of an instrument covered by subitem (1)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or
 (b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or
 (c) in the case of an instrument covered by subitem (3)—the reference were a reference to a