Document ID: chunk:federal_register_of_legislation:C2015A00087:clause:2_27
Version: federal_register_of_legislation:C2015A00087
Segment Type: clause
Provision Reference: sch 2 cl 27
Character Range: 80728–82903

27  References in certain instruments to the Council
(1) This item applies to an instrument that:
 (a) is in force immediately before the transition time; and
 (b) contains a reference to the Council.

Attributing references in instruments to APRA
(2) If the instrument relates to:
 (a) an asset or liability of the Council that, as a result of the operation of item 22 or 23, becomes an asset or liability of APRA; or
 (b) a thing done by, or in relation to, the Council, that, as a result of the operation of item 26, is taken to have been done by, or in relation to, APRA;
then the reference to the Council has effect, at and after the transition time, as if it were a reference to APRA.

Attributing references in instruments to the Commonwealth
(3) If the instrument relates to:
 (a) an asset or liability of the Council that, as a result of the operation of item 22 or 23, becomes an asset or liability of the Commonwealth; or
 (b) a thing done by, or in relation to, the Council, that, as a result of the operation of item 26, is taken to have been done by, or in relation to, the Commonwealth;
then the reference to the Council has effect, at and after the transition time, as if it were a reference to the Commonwealth.

APRA Minister may attribute references
(4) The APRA Minister may determine, in writing, that the reference to the Council has effect, at and after the transition time, as if it were a reference to APRA or the Commonwealth.
(5) A determination made under subitem (4) has effect accordingly, despite subitems (2) and (3) (if otherwise applicable).
(6) The APRA Minister may make a determination under subitem (4) before or after the transition time.
(7) A determination made under subitem (4) is not a legislative instrument.

Definitions
(8) In this item:
instrument:
 (a) includes:
 (i) a contract, undertaking, deed or agreement; 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) a contract of employment; or
 (iv) an instrument specified in rules made under item 43.