Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (45 of 2005)

Schedule 4   Transitional provisions

Part 3   References to, and things done by or in relation to, ABA or ACA

8   References in instruments to ABA or ACA

 

(1) This item applies to an instrument if it:

(a) was in force immediately before the transition time; and

(b) is an instrument covered by one or more of the following subparagraphs:

(i) an instrument that was made by the ABA or ACA; or

(ii) an instrument to which the ABA or ACA was a party; or

(iii) an instrument that was given to, or in favour of, the ABA or ACA; or

(iv) an instrument under which any right or liability accrues or may accrue to the ABA or ACA; or

(v) any other instrument in which a reference is made to the ABA or ACA.

      

(2) Subject to subitem (3), an instrument to which this item applies continues to have effect from the transition time as if a reference in the instrument to the ABA or ACA (whether the reference is in that abbreviated form or is in the full name of that Authority) were a reference to the ACMA.

      

(3) However, if:

(a) the reference is to the ABA or the ACA as an entity with a particular power or capacity (for example, as party to a contract or the holder of real or personal property); and

(b) the ACMA does not have that power or capacity (see sections 12 and 18 of the ACMA Act);

the reference has effect from the transition time as if it were a reference to the Commonwealth.

      

(4) The regulations may determine that one of subitems (2) and (3), rather than the other of those subitems, applies in relation to a particular reference or class of references.

      

(5) For the purposes of this item, an instrument :

(a) includes, but is not limited to, a regulation, declaration, determination, direction, licence, application or standard; but

(b) does not include an Act, or an instrument made under an Imposition Act.