Document ID: chunk:federal_register_of_legislation:C2014C00733:clause:4_8
Version: federal_register_of_legislation:C2014C00733
Segment Type: clause
Provision Reference: sch 4 cl 8
Character Range: 5729–7439

8  References in instruments to ABA or ACA
(1) This item applies to an instrument if it:
 (a) was in force immediately before the transition time; and
 (b) is an instrument covered by one or more of the following subparagraphs:
 (i) an instrument that was made by the ABA or ACA; or
 (ii) an instrument to which the ABA or ACA was a party; or
 (iii) an instrument that was given to, or in favour of, the ABA or ACA; or
 (iv) an instrument under which any right or liability accrues or may accrue to the ABA or ACA; or
 (v) any other instrument in which a reference is made to the ABA or ACA.
(2) Subject to subitem (3), an instrument to which this item applies continues to have effect from the transition time as if a reference in the instrument to the ABA or ACA (whether the reference is in that abbreviated form or is in the full name of that Authority) were a reference to the ACMA.
(3) However, if:
 (a) the reference is to the ABA or the ACA as an entity with a particular power or capacity (for example, as party to a contract or the holder of real or personal property); and
 (b) the ACMA does not have that power or capacity (see sections 12 and 18 of the ACMA Act);
the reference has effect from the transition time as if it were a reference to the Commonwealth.
(4) The regulations may determine that one of subitems (2) and (3), rather than the other of those subitems, applies in relation to a particular reference or class of references.
(5) For the purposes of this item, an instrument:
 (a) includes, but is not limited to, a regulation, declaration, determination, direction, licence, application or standard; but
 (b) does not include an Act, or an instrument made under an Imposition Act.