Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p197
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 197/212)
Character Range: 511643–514384

effect if the appointee resigns in writing delivered to the appointer;

   (e) while the appointee is acting in the office:

         (i) the appointee has and may exercise all the powers, and shall perform all the functions and duties, of the holder of the office; and

         (ii) any law of this jurisdiction applies in relation to the appointee as if the appointee were the holder of the office.

Alterations of names and constitutions

  "6b. (1) Where:

     (a) the name of a body established by this Act is changed by law (whether or not the body is incorporated); or

   (b) the name of an office established by this Act is changed by law;

then, unless the contrary intention appears:

     (c) the body or office continues in existence under the new name so that its identity is not affected; and

  (d) a reference, in:

       (i) any Act of this jurisdiction; or

      (ii) any instrument under such an Act; or

         (iii) any award or other industrial determination or order or any industrial agreement; or

         (iv) any other order (whether executive, judicial or otherwise); or

       (v) any contract; or

         (vi) any pleading in, or process issued in connection with, any legal or other proceeding; or

      (vii) any other instrument;

     to the body or the office under the former name, except in relation to matters that occurred before the change took place, is taken as a reference to the body or the office under the nev name.

"(2) Where the constitution of a body established by this Act is changed by law (whether or not the body is incorporated), then, unless the contrary intention appears:

     (a) the body continues in existence as newly constituted so that its identity is not affected; and

SCHEDULE 7—continued

     (b) the alteration does not affect any functions, powers, property, rights, liabilities or obligations of the body; and

     (c) the change does not affect any legal or other proceedings instituted or to be instituted by or against the body, and any legal or other proceedings that might have been continued or commenced by or against the body as previously constituted may be continued or commenced by or against the body as newly constituted; and

     (d) the change does not affect any investigation or inquiry being or proposed to be undertaken by any tribunal, authority or person into any action taken or practice engaged in by the body before the change took place, and any investigation or inquiry that might have been continued or commenced into any such action or practice may be continued or commenced as if the action had been taken or the practice had been engaged in by the body as newly constituted.

Presentation of papers to the Parliament

"6c.