Infrastructure Australia Amendment Act 2014 (77 of 2014)

Schedule 2   Transitional and savings provisions

Part 3   Transfer of other matters

8   References in certain instruments to the Commonwealth, old Infrastructure Australia or Infrastructure Coordinator

(1) This item applies if:

(a) an instrument was in force immediately before the transition time or the specified succession time for an asset or liability; and

(b) the instrument contains a reference to:

(i) the Commonwealth; or

(ii) the old Infrastructure Australia; or

(iii) the Infrastructure Coordinator; and

(c) the reference:

(i) relates to an asset or liability that, as a result of a declaration under item 2 or 3, has vested in Infrastructure Australia; or

(ii) otherwise relates to a function of Infrastructure Australia or the CEO.

(2) The Minister may, by legislative instrument, determine that the instrument has effect, from the transition time or the specified succession time (as appropriate), as if the reference to the body or person mentioned in paragraph (1)(b) were a reference to:

(a) Infrastructure Australia; or

(b) the CEO.

(3) For the purposes of this item, instrument :

(a) includes:

(i) a contract, undertaking, deed or agreement; and

(ii) a notice, authority, order or instruction; and

(iii) an instrument made under an Act or under regulations; but

(b) does not include an exempt instrument.

(4) For the purposes of this item, exempt instrument means:

(a) an Act; or

(b) an instrument made under this Act.