Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_5
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 390700–392987

5  Roles belonging to a Minister, an executive member or the Administrator before the interim transition time
 (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:
 (a) a Minister or an executive member (however described, and whether identified by a specific title or not);
 (b) the Administrator.
 (2) Subclause (1) has effect subject to Subdivision B.
 (3) Subclause (1) does not apply (of its own force or because of section 7 of this Act) to:
 (e) the Social Services Act 1980; or
 (f) the Social Services Regulations.
 (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).

Transitional—things done before the interim transition time
 (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.
Note: For example, if:
(a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and
(b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;
 the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.
 (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.
Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.

Subdivision B—Exceptions to general rule, and other special rules