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

Schedule 5   Corporate status of bodies

Part 2   Transitional provisions for bodies ceasing to be bodies corporate

Division 2   General transitional provisions

58   Certificates relating to vesting of assets

(1) If land vests in the Commonwealth under this Part and the Minister, or the responsible Minister for the land, signs a certificate that:

(a) identifies the land, whether by reference to a map or otherwise; and

(b) states that the land has become vested in the Commonwealth under this Part; and

(c) is lodged with the Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the Registrar or other officer may:

(d) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and

(e) deal with, and give effect to, the certificate.

(2) If an asset vests in the Commonwealth under this Part and the Minister, or the responsible Minister for the asset, signs a certificate that:

(a) identifies the asset; and

(b) states that the asset has become vested in the Commonwealth under this Part; and

(c) is lodged with the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of that kind;

the person or authority may:

(d) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

(e) make such entries in the register as are necessary, having regard to the effect of this Part.

(3) The responsible Minister , for land or another asset, is the Minister who is the responsible Minister (within the meaning of the Public Governance, Performance and Accountability Act 2013) for the decorporatised body that held the land or other asset immediately before the commencement day.

(4) A Minister may, by writing, delegate all or any of his or her powers under this item to:

(a) the Secretary of the Department administered by that Minister; or

(b) an SES employee, or acting SES employee, in that Department.

In exercising powers under a delegation, the delegate must comply with any directions of that Minister.

(5) A document that appears to be a certificate made under this item is taken, unless the contrary is established, to be such a certificate and to have been properly made.

(6) A certificate made under this item is not a legislative instrument.