Document ID: chunk:federal_register_of_legislation:C2011A00112:clause:2_640:p1
Version: federal_register_of_legislation:C2011A00112
Segment Type: clause
Provision Reference: sch 2 cl 640 (pt 1/2)
Character Range: 169393–172142

640  Transitional—proceedings in courts and tribunals
(1) The regulations may provide that, if:
 (a) specified proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
 (b) the Designated Authority is a party to the proceedings;
then, at the commencement of Part 1 of this Schedule, the Titles Administrator is substituted as a party to the proceedings.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(2) The regulations may provide that, if:
 (a) specified proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
 (b) the Designated Authority is a party to the proceedings;
then, at the commencement of Part 1 of this Schedule, NOPSEMA is substituted as a party to the proceedings.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(3) The regulations may provide that, if:
 (a) specified proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
 (b) the Designated Authority is a party to the proceedings;
then, at the commencement of Part 1 of this Schedule, the responsible Commonwealth Minister is substituted as a party to the proceedings.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(4) The regulations may provide that, if:
 (a) specified proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
 (b) the responsible Commonwealth Minister is a party to the proceedings;
then, at the commencement of Part 1 of this Schedule, the responsible Titles Administrator is substituted as a party to the proceedings.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(5) If:
 (a) proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
 (b) the Designated Authority is a party to the proceedings; and
 (c) the court or tribunal considers that it is in the interests of the administration of justice to do so;
the court or tribunal may, by order, determine:
 (d) that regulations made for the purposes of subitem (1), (2) or (3) do not apply to the proceedings; and
 (e) that a person specified in the order is substituted as a party to the proceedings.
(6) If:
 (a) proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
 (b) the responsible Commonwealth Minister is a party to the proceedings; and
 (c) the court or tribunal considers that it is in the interests of the administration of justice to do so;