Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:4:p5
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 4 (pt 5/9)
Character Range: 210513–213199

authorises the service of a document otherwise than as provided in that sub-section; or
     (b) affects the power of a court to authorise service of a document otherwise than as provided in that sub-section.".

Mention of officer in general terms
142. Section 20 of the Principal Act is amended by inserting ", or perform the duties of," after "occupy".

143. After section 20 of the Principal Act the following sections are inserted in Division 2 of Part II:

Alterations of names and constitutions
"20a. (1) Where a relevant Act alters the name of a body (whether or not the body is incorporated) or alters the name of an office, then, unless the contrary intention appears—
     (a) the body or office continues in existence under the new name so that its identity is not affected; and

     (b) in any Act, in any instrument under an Act, in any award or other industrial determination or order or any industrial agreement, in any other order (whether executive, judicial or otherwise), in any contract, in any pleading in, or process issued in connection with, any legal or other proceedings or in any other instrument, a reference to the body or the office under the former name shall, except in relation to matters that occurred before the alteration took place, be construed as a reference to the body or the office under the new name.
"(2) Where a relevant Act alters the constitution of a body (whether or not the body is incorporated), then, unless the contrary intention appears—
     (a) the body continues in existence as newly constituted so that its identity is not affected;
     (b) the alteration does not affect any functions, powers, property, rights, liabilities or obligations of the body;
     (c) the alteration does not affect any legal or other proceedings instituted or to be instituted by or against the body, and any legal or other proceedings that might have been continued or commenced by or against the body as previously constituted may be continued or commenced by or against the body as newly constituted; and
     (d) the alteration does not affect any investigation or inquiry being or proposed to be undertaken by any tribunal, authority or person into any action taken or practice engaged in by the body before the alteration took place, and any investigation or inquiry that might have been continued or commenced into any such action or practice may be continued or commenced as if the action had been taken or the practice had been engaged in by the body as newly constituted.

Compliance with forms
"20b. Where a relevant Act prescribes a form, then, unless the contrary intention appears, strict compliance with the form is not required and