Document ID: chunk:federal_register_of_legislation:C2016C00432:clause:2_23
Version: federal_register_of_legislation:C2016C00432
Segment Type: clause
Provision Reference: sch 2 cl 23
Character Range: 31273–33622

23  Transfer of custody of records of AFC

Application
(1) This item applies to a record or document that, immediately before the transition time, is in the custody of AFC.

AFC to Screen Australia
(2) If the record or document relates to:
 (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of Screen Australia; or
 (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, Screen Australia;
then, after the transition time, the record or document is to be transferred into the custody of Screen Australia.

AFC to NFSAA
(3) If the record or document relates to:
 (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of NFSAA; or
 (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, NFSAA;
then, after the transition time, the record or document is to be transferred into the custody of NFSAA.

AFC to AFTRS
(4) If the record or document relates to:
 (a) an asset or liability of AFC that, as a result of the operation of item 2, becomes an asset or liability of AFTRS; or
 (b) a thing done by, or in relation to, AFC, that, as a result of the operation of item 20, is taken to have been done by, or in relation to, AFTRS;
then, after the transition time, the record or document is to be transferred into the custody of AFTRS.

AFC to Screen Australia, NFSAA, AFTRS or Commonwealth
(5) If subitem (2), (3) or (4) does not apply to the record or document, then the Minister may determine, in writing, that the record or document is to be transferred after the transition time into the custody of:
 (a) Screen Australia; or
 (b) NFSAA; or
 (c) AFTRS; or
 (d) the Commonwealth.
(6) A determination made under subitem (5) has effect accordingly.
(7) The Minister may make a determination under subitem (5) before or after the transition time.
(8) A determination made under subitem (5) is not a legislative instrument.

Commonwealth Authorities and Companies Act 1997
(9) Section 20 of the Commonwealth Authorities and Companies Act 1997 applies in relation to accounting records transferred to a body under this item as if the records were records of that body.