Document ID: chunk:federal_register_of_legislation:C2012C00820:clause:2_60
Version: federal_register_of_legislation:C2012C00820
Segment Type: clause
Provision Reference: sch 2 cl 60
Character Range: 123831–126123

60  Transitional—translation of references in other instruments

Scope
(1) This item applies to an instrument if:
 (a) neither item 58 nor item 59 applies to the instrument; and
 (b) the instrument was in force immediately before the transition time.

Effect after transition time
(2) After the transition time, the instrument has effect as if:
 (a) a reference (if any) in the instrument to the Chief Executive Officer were a reference to the Chief Executive Centrelink; and
 (b) a reference (if any) in the instrument to Centrelink were a reference to the Department.
(3) The Minister may, by legislative instrument, make either of the following declarations:
 (a) that paragraph (2)(a) does not apply to a specified instrument;
 (b) that paragraph (2)(b) does not apply to a specified instrument.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(4) If, at a particular time, the Minister makes a declaration under paragraph (3)(a) in relation to a specified instrument, the Minister may at the same time, by legislative instrument, make either of the following declarations:
 (a) that the instrument has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer were a reference to the Secretary;
 (b) that the instrument has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer were a reference to the Chief Executive Medicare.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(5) A declaration made under subitem (3) or (4) after the transition time takes effect at the transition time.
(6) A declaration made under subitem (3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901, takes effect at the transition time.

Instrument may be varied etc.
(7) This item does not, by implication, prevent the instrument from being varied, amended, revoked, or terminated after the transition time.

Definition
(8) In this item:
instrument includes:
 (a) a contract, deed, undertaking or agreement; and
 (b) a notice, authority, order or instruction; and
 (c) an instrument made under an Act or under regulations;
but does not include an Act.