Document ID: chunk:federal_register_of_legislation:C2007A00115:clause:2_9
Version: federal_register_of_legislation:C2007A00115
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 26374–27856

9  Operation of laws

Things done by Centre or Director taken to be done by CEO

(1) If, before the commencement time, a thing was done by, or in relation to, the Centre or the Director, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.

(2) For the purposes of subitem (1), a thing done before the commencement time under a provision that is amended by this Act has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

Minister and regulations may provide otherwise

(3) The Minister may, by writing, determine that subitem (1):
 (a) does not apply in relation to a specified thing done by, or in relation to, the Centre or the Director; or
 (b) applies as if the reference in that subitem to the CEO were a reference to the Commonwealth.
A determination under this subitem has effect accordingly.

(4) The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the CEO.

Meaning of doing

(5) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

Determinations are not legislative instruments

(6) A determination made under subitem (3) is not a legislative instrument.