Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (62 of 2014)

Schedule 5   Corporate status of bodies

Part 5   Transitional provisions for bodies continuing as bodies corporate

Division 2   General transitional provisions

104   References in certain instruments to the Commonwealth

(1) This item applies if:

(a) an instrument was in force immediately before the commencement day; and

(b) the instrument contains a reference to the Commonwealth and the reference:

(i) relates to an asset or liability that, as a result of this Part, becomes an asset or liability of the corporatised body; or

(ii) otherwise relates to the corporatised body; and

(c) the instrument is not part of, or associated with, a register referred to in item 103.

(2) The instrument has effect, from the commencement day, as if the reference to the Commonwealth were a reference to the corporatised body.

(3) The Minister may, by writing, determine that subitem (2) does not apply in relation to a specified reference.

Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.

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

(5) In this item:

enterprise agreement has the same meaning as in the Fair Work Act 2009.

instrument includes a contract or agreement, but does not include a contract of employment or an enterprise agreement.