Document ID: chunk:federal_register_of_legislation:C2017C00320:clause:1_6
Version: federal_register_of_legislation:C2017C00320
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 8951–10030

6  References in instruments to ARCo
(1) This item applies to an instrument that:
 (a) is in force immediately before the transfer time; and
 (b) contains a reference to ARCo.
(2) If the instrument relates to:
 (a) an asset or liability of ARCo that, as a result of the operation of item 2, becomes an asset or liability of the Commonwealth; or
 (b) a thing done by, or in relation to, ARCo, that, as a result of the operation of item 5, is taken to have been done by, or in relation to, the Commonwealth;
then the reference to ARCo has effect, at and after the transfer time, as if it were a reference to the Commonwealth.
(3) If subitem (2) does not apply to the instrument, then the Minister may determine, in writing, that the reference to ARCo has effect, at and after the transfer time, as if it were a reference to the Commonwealth.
(4) A determination made under subitem (3) has effect accordingly.
(5) The Minister may make a determination under subitem (3) before or after the transfer time.
(6) A determination made under subitem (3) is not a legislative instrument.