Document ID: chunk:federal_register_of_legislation:C2006A00050:clause:1_131:p1
Version: federal_register_of_legislation:C2006A00050
Segment Type: clause
Provision Reference: sch 1 cl 131 (pt 1/2)
Character Range: 60753–63300

131  References in instruments

References to old NHMRC 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 NHMRC;
the instrument has effect from the commencement time as if the reference to the old NHMRC 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 125 or 126; and
 (c) the instrument refers to the old NHMRC;
the reference is to be read as a reference to the Commonwealth as necessary to give effect to item 125 or 126, as the case requires.

References to staff of old NHMRC taken to be references to staff of NHMRC

(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 NHMRC;
the instrument has effect from the commencement time as if the reference to the member of staff of the old NHMRC were a reference to a member of the staff of the NHMRC.

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 the Council; 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 NHMRC 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, the CEO or the Council; 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 specified person or body other than the CEO or a member of the staff of the NHMRC.

References to parts of Department in Account instruments

(6) If:
 (a) an instrument is