Hearing Services and AGHS Reform Act 1997 (82 of 1997)

Schedule 1   Amendment of the Hearing Services Act 1991

Part 2   Amendments commencing on 1 July 1997

94   Transitional - transfer of certain Authority liabilities to the Commonwealth

(1) This item applies to a liability of the Authority that was incurred before 1 July 1997 under an arrangement under paragraph 8(1)(d) of the Hearing Services Act 1991.

(2) The Minister may, by writing, make any or all of the following declarations:

(a) a declaration that a specified liability ceases to be a liability of the Authority and becomes a liability of the Commonwealth at the beginning of 1 July 1997;

(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the Commonwealth as if a reference in the instrument to the Authority were a reference to the Commonwealth;

(c) a declaration that the Commonwealth becomes the Authority’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the Commonwealth.

Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.

(3) A declaration under subitem (2) has effect accordingly.

(4) A declaration under subitem (2) must not be made after 31 December 1997.

(5) A copy of a declaration under subitem (2) is to be published in the Gazette within 14 days after the making of the declaration.

(6) If a declaration is in force under subitem (2), regulation 3H of the Health Insurance Commission Regulations has effect as if:

(a) the reference in subregulation 3H(2) of those regulations to Authority included a reference to the Commonwealth; and

(b) the first reference in subregulation 3H(3) of those regulations to the Authority included a reference to the Authority.