Document ID: chunk:federal_register_of_legislation:C2024C00482:clause:1_195
Version: federal_register_of_legislation:C2024C00482
Segment Type: clause
Provision Reference: sch 1 cl 195
Character Range: 56417–58594

195  Pending proceedings
(1) If, immediately before ATSIC abolition day, proceedings to which the Commission was a party, other than proceedings relating to:
 (a) a class A or class B exempted asset; or
 (b) a class A or class B exempted liability; or
 (c) a class A or class B exempted instrument; or
 (d) a loan or grant made, a security taken, or a guarantee given, under a business loans program;
were pending in any court or tribunal, the Commonwealth is, on and after that day and despite the provisions of any other law or instrument, substituted for the Commission as a party to the proceedings and has the same rights in the proceedings as the Commission had.
(2) If, immediately before ATSIC abolition day, proceedings to which the Commission was a party and that relate to:
 (a) a class A exempted asset; or
 (b) a class A exempted liability; or
 (c) a class A exempted instrument;
were pending in any court or tribunal, Indigenous Business Australia is, on and after that day and despite the provisions of any other law or instrument, substituted for the Commission as a party to the proceedings and has the same rights in the proceedings as the Commission had.
(3) If, immediately before ATSIC abolition day, proceedings to which the Commonwealth was a party and that relate to a loan or grant made, a security taken, or a guarantee given, under a business loans program were pending in any court or tribunal, Indigenous Business Australia is, on and after that day and despite the provisions of any other law or instrument, substituted for the Commonwealth as a party to the proceedings and has the same rights in the proceedings as the Commonwealth had.
(4) If, immediately before ATSIC abolition day, proceedings to which the Commission was a party and that relate to:
 (a) a class B exempted asset; or
 (b) a class B exempted liability; or
 (c) a class B exempted instrument;
were pending in any court or tribunal, the Indigenous Land Corporation is, on and after that day and despite the provisions of any other law or instrument, substituted for the Commission as a party to the proceedings and has the same rights in the proceedings as the Commission had.