Document ID: chunk:federal_register_of_legislation:C2006A00087:clause:1_45
Version: federal_register_of_legislation:C2006A00087
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 14858–16358

45  Operation of laws

Things done by old ARC or Board taken to be done by CEO

(1) Subject to Division 3, if, before the commencement time, a thing was done by, or in relation to, the old ARC or the Board, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.

(2) For the purposes of subitem (1), a thing done before the commencement time under a provision that is amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

Minister and regulations may provide otherwise

(3) The Minister may, by writing, determine that subitem (1):
 (a) does not apply in relation to a specified thing done by, or in relation to, the old ARC or the Board; 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.

(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the CEO.

Meaning of doing

(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

Determinations are not legislative instruments

(6) A determination under subitem (3) is not a legislative instrument.