Human Services Legislation Amendment Act 2011 (32 of 2011)

Schedule 2   Amendment of the Commonwealth Services Delivery Agency Act 1997

Part 2   Transitional provisions

Division 3   Translation of references in documents

59   Transitional - translation of references in non-binding governmental agreements

Scope

(1) This item applies to an agreement if:

(a) the agreement is a non-binding governmental agreement; and

(b) the agreement was in force immediately before the transition time.

Effect after transition time

(2) After the transition time, the agreement has effect as if:

(a) a reference (if any) in the agreement to the Commonwealth of Australia represented by the Chief Executive Officer were a reference to the Commonwealth of Australia represented by the Department; and

(b) a reference (if any) in the agreement to the Chief Executive Officer (other than a reference covered by paragraph (a)) were a reference to the Chief Executive Centrelink; and

(c) a reference (if any) in the agreement to Centrelink were a reference to the Department.

(3) The Minister may, by legislative instrument, make any of the following declarations:

(a) that paragraph (2)(a) does not apply to a specified agreement;

(b) that paragraph (2)(b) does not apply to a specified agreement;

(c) that paragraph (2)(c) does not apply to a specified agreement.

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(4) If, at a particular time, the Minister makes a declaration under paragraph (3)(b) in relation to a specified agreement, the Minister may at the same time, by legislative instrument, make either of the following declarations:

(a) that the agreement has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer (other than a reference covered by paragraph (2)(a)) were a reference to the Secretary;

(b) that the agreement has effect, after the transition time, as if a reference (if any) in the agreement to the Chief Executive Officer (other than a reference covered by paragraph (2)(a)) were a reference to the Chief Executive Medicare.

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(5) A declaration made under subitem (3) or (4) after the transition time takes effect at the transition time.

(6) A declaration made under subitem (3) or (4) before the transition time, in accordance with section 4 of the Acts Interpretation Act 1901, takes effect at the transition time.

Agreement may be varied etc.

(7) This item does not, by implication, prevent the agreement from being varied or terminated after the transition time.