Document ID: chunk:federal_register_of_legislation:C2016C00418:clause:5_102
Version: federal_register_of_legislation:C2016C00418
Segment Type: clause
Provision Reference: sch 5 cl 102
Character Range: 130729–131525

102  Legal proceedings
(1) This item applies if:
 (a) any proceedings to which the Commonwealth was a party were pending in any court or tribunal immediately before the commencement day; and
 (b) the proceedings:
 (i) relate to an asset or liability that, as a result of this Part, becomes an asset or liability of the corporatised body; or
 (ii) otherwise relate to the corporatised body.
(2) The corporatised body is substituted for the Commonwealth, from the commencement day, as a party to the proceedings.
(3) The Minister may, by writing, determine that subitem (2) does not apply in relation to specified proceedings.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
(4) A determination made under subitem (3) is not a legislative instrument.