Document ID: chunk:federal_register_of_legislation:C2005A00089:clause:1_6a
Version: federal_register_of_legislation:C2005A00089
Segment Type: clause
Provision Reference: sch 1 cl 6A
Character Range: 3152–5690

6A  Application of Act to civil proceedings

Application to civil proceedings—Attorney‑General not a party to proceedings

 (1) If:
 (a) the Attorney‑General is not a party to a civil proceeding, whether begun before, on or after the day on which this section commences; and
 (b) the Attorney‑General gives notice in writing to the parties to the proceeding and the court that this Act applies to the proceeding;
then, subject to subsection (5), this Act applies to the proceeding.

Application to civil proceedings—Attorney‑General a party to proceedings

 (2) If:
 (a) the Attorney‑General is, or becomes, a party to a civil proceeding, whether begun before, on or after the day on which this section commences; and
 (b) the Minister appointed under subsection (3) or (4) gives notice in writing to the parties to the proceeding and the court that this Act applies to the proceeding;
then:
 (c) subject to subsection (5), this Act applies to the proceeding; and
 (d) the Minister must perform the functions and exercise the powers, in relation to the proceeding, that are conferred on the Attorney‑General under Divisions 2, 3 and 4 of Part 3A; and
 (e) references in:
 (i) Division 4 of Part 2; and
 (ii) Divisions 2, 3 and 4 of Part 3A; and
 (iii) Division 2 of Part 5;
  to the Attorney‑General (other than references to the Attorney‑General as a party to the proceeding) are to be read as references to the Minister.

Attorney‑General to appoint alternative Minister

 (3) The Attorney‑General must, as soon as possible after the commencement of this section, appoint in writing another Minister for the purposes of the operation of subsection (2) in relation to all civil proceedings.

 (4) If the Minister appointed under subsection (3) is, or becomes, a party to a civil proceeding to which the Attorney‑General also is or becomes a party, the Attorney‑General must appoint a different Minister for the purposes of the operation of subsection (2) in relation to that civil proceeding.

Application to civil proceedings—notice given after a proceeding has begun

 (5) If the Attorney‑General or the Minister gives the notice after the proceeding has begun, this Act only applies to the parts of the proceeding that take place after the notice is given.

Notice and appointment are not legislative instruments

 (6) A notice given under subsection (1) or (2) and an appointment made by the Attorney‑General under subsection (3) or (4) are not legislative instruments for the purposes of the Legislative Instruments Act 2003.