Document ID: chunk:federal_register_of_legislation:C2016C00568:clause:2_367
Version: federal_register_of_legislation:C2016C00568
Segment Type: clause
Provision Reference: sch 2 cl 367
Character Range: 125573–127693

367  References in certain instruments to the Administration
(1) If:
 (a) an instrument was in force immediately before the final transition time; and
 (b) a reference is made in the instrument to the Administration; and
 (c) the instrument is an instrument covered by one or more of the following subparagraphs:
 (i) an instrument that was made by the Administration;
 (ii) an instrument to which the Administration was a party;
 (iii) an instrument that was given to, or in favour of, the Administration;
 (iv) an instrument under which any right or liability accrues or may accrue to the Administration;
 (v) any other instrument in which a reference is made to the Administration;
the transitional rules may provide that the reference has effect after the final transition time as if the reference to the Administration were a reference to the Norfolk Island Regional Council.
(2) If:
 (a) an instrument was in force immediately before the final transition time; and
 (b) a reference is made in the instrument to the Administration; and
 (c) the instrument is an instrument covered by one or more of the following subparagraphs:
 (i) an instrument that was made by the Administration;
 (ii) an instrument to which the Administration was a party;
 (iii) an instrument that was given to, or in favour of, the Administration;
 (iv) an instrument under which any right or liability accrues or may accrue to the Administration;
 (v) any other instrument in which a reference is made to the Administration;
the transitional rules may provide that the reference has effect after the final transition time as if the reference to the Administration were a reference to the Commonwealth.
(3) In this item:
exempt instrument means:
 (a) an Act; or
 (b) an instrument made under this Act; or
 (c) an enactment (within the meaning of the Norfolk Island Act 1979).
instrument:
 (a) includes:
 (i) a contract, deed, undertaking or agreement; and
 (ii) a notice, authority, order or instruction; and
 (iii) an instrument made under an Act or under regulations; but
 (b) does not include an exempt instrument.

Division 5—Employees