Norfolk Island Legislation Amendment Act 2015 (59 of 2015)

Schedule 2   Final arrangements etc.

Part 2   Transitional provisions

Division 4   Transfer of other matters

367   References in certain instruments to the Administration

(1) If:

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

(b) a reference is made in the instrument to the Administration; and

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

(i) an instrument that was made by the Administration;

(ii) an instrument to which the Administration was a party;

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

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

(v) any other instrument in which a reference is made to the Administration;

the transitional rules may provide that the reference has effect after the final transition time as if the reference to the Administration were a reference to the Norfolk Island Regional Council.

(2) If:

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

(b) a reference is made in the instrument to the Administration; and

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

(i) an instrument that was made by the Administration;

(ii) an instrument to which the Administration was a party;

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

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

(v) any other instrument in which a reference is made to the Administration;

the transitional rules may provide that the reference has effect after the final transition time as if the reference to the Administration were a reference to the Commonwealth.

(3) In this item:

exempt instrument means:

(a) an Act; or

(b) an instrument made under this Act; or

(c) an enactment (within the meaning of the Norfolk Island Act 1979).

instrument :

(a) includes:

(i) a contract, deed, undertaking 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.