Document ID: chunk:federal_register_of_legislation:C2018A00059:clause:2_5
Version: federal_register_of_legislation:C2018A00059
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 7096–8488

5  References in certain instruments
(1) This item applies to an instrument if:
 (a) the instrument is in force immediately before the transition time; and
 (b) the instrument contains a reference to the Commonwealth, the Director, or the AAO; and
 (c) the instrument:
 (i) relates to an asset or liability that vests in a designated entity under Part 2; or
 (ii) otherwise relates to the activities of the AAO; and
 (d) the instrument is declared by the Minister, by writing, as being an instrument to which this item applies.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
(2) The instrument has effect, from a time (that is at or after the transition time) specified in the declaration under paragraph (1)(d), as if the reference to the Commonwealth, the Director, or the AAO (as the case may be) were a reference to a designated entity specified by the Minister in the declaration.
(3) A declaration under paragraph (1)(d) is not a legislative instrument.
(4) In this item:
instrument:
 (a) includes:
 (i) a contract, undertaking, deed, agreement or memorandum; and
 (ii) a notice, authority, order or instruction; and
 (iii) an instrument made under an Act or under a legislative instrument; but
 (b) does not include:
 (i) an Act; or
 (ii) an instrument made under this Act; or
 (iii) an instrument specified in rules made under item 12.