Document ID: chunk:federal_register_of_legislation:C2007A00108:clause:6_5
Version: federal_register_of_legislation:C2007A00108
Segment Type: clause
Provision Reference: sch 6 cl 5
Character Range: 38800–40485

5  Substitution of Commonwealth as a party to certain pending proceedings

(1) If:
 (a) any proceedings to which the Authority was a party were pending in any court or tribunal immediately before the transition time; and
 (b) the proceedings were, or were related to:
 (i) proceedings taken by the Authority in the exercise of a right that is vested in the Commonwealth by item 2; or
 (ii) proceedings taken against the Authority in respect of a liability that is vested in the Commonwealth by item 3;
the Commonwealth is substituted for the Authority, from the transition time, as a party to the proceedings.

(2) To avoid doubt, if:
 (a) any proceedings to which the Authority was a party were pending in any court or tribunal immediately before the transition time; and
 (b) the proceedings were not, and were not related to:
 (i) proceedings taken by the Authority in the exercise of a right that is vested in the Commonwealth by item 2; or
 (ii) proceedings taken against the Authority in respect of a liability that is vested in the Commonwealth by item 3;
section 25B of the Acts Interpretation Act 1901 applies in relation to the proceedings.

Note: After the transition time, the Commission will be a party to the proceedings. This is because the body corporate that is the Authority continues in existence as the Commission after the transition time (see section 4 of the Wheat Marketing Act 1989 and section 25B of the Acts Interpretation Act 1901).

(3) The regulations may determine that one of subitems (1) and (2), rather than the other of those subitems, applies in relation to a particular proceeding or a class of proceedings.

Part 3—References to Authority etc.