Document ID: chunk:federal_register_of_legislation:C2008A00139:clause:1_239j
Version: federal_register_of_legislation:C2008A00139
Segment Type: clause
Provision Reference: sch 1 cl 239J
Character Range: 60109–61148

239J  Substitution of Authority as a party to pending proceedings

 (1) If any proceedings to which:
 (a) the Murray‑Darling Basin Commission; or
 (b) a person in the person's capacity as the President or a Commissioner;
was a party were pending in any court or tribunal immediately before the commencement of this Part, from that commencement the Authority is substituted for the Murray‑Darling Basin Commission or the person as a party to the proceedings.

 (2) The President is the person appointed in accordance with subclause 20(1) of the former MDB Agreement, and includes a Deputy President appointed under subclause 20(3) (in the capacity of Deputy President or acting President).

 (3) A Commissioner is a person appointed in accordance with subclause 20(2) of the former MDB Agreement, and includes a Deputy Commissioner appointed under that subclause.

Note: The Agreement provides for the Basin States to indemnify the Authority for a share of the costs associated with, or arising from, proceedings covered by this section.