Document ID: chunk:federal_register_of_legislation:C2006A00050:clause:1_132
Version: federal_register_of_legislation:C2006A00050
Segment Type: clause
Provision Reference: sch 1 cl 132
Character Range: 64010–65916

132  Operation of laws

Things done by old NHMRC taken to be done by CEO

(1) If, before the commencement time, a thing was done by, or in relation to, the old NHMRC, 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 NHMRC; or
 (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth, the Council or a Principal Committee.
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, the CEO, the Council or a Principal Committee.

Things done by Australian Health Ethics Committee

(5) A thing done before the commencement time by the Australian Health Ethics Committee under a provision of Part 3 of the old law that is amended by this Schedule has the effect from that time as if it were done under Part 3 of the new law. However, this is not taken to change the time at which the thing was actually done.

Meaning of doing

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

Determinations are not legislative instruments

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