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

102   Legal proceedings

(1) This item applies if:

(a) any proceedings to which the Commonwealth was a party were pending in any court or tribunal immediately before the commencement day; and

(b) the proceedings:

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

(ii) otherwise relate to the corporatised body.

(2) The corporatised body is substituted for the Commonwealth, from the commencement day, as a party to the proceedings.

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

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.