Document ID: chunk:federal_register_of_legislation:C2006A00087:clause:1_44
Version: federal_register_of_legislation:C2006A00087
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 13793–14858

44  References in instruments

References to old ARC taken to be references to CEO

(1) If:
 (a) an instrument is in force immediately before the commencement time; and
 (b) the instrument contains a reference to the old ARC;
the instrument has effect from the commencement time as if the reference to the old ARC were a reference to the CEO.

Minister and regulations may provide otherwise

(2) The Minister may, by writing, determine that subitem (1):
 (a) does not apply in relation to a specified reference; or
 (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth.
A determination under this subitem has effect accordingly.

(3) The regulations may provide that an instrument containing a reference specified in a determination under paragraph (2)(a) has effect from the commencement time as if the reference were a reference to a specified person or body other than the Commonwealth or the CEO.

Determinations are not legislative instruments

(4) A determination under subitem (2) is not a legislative instrument.