ACTS INTERPRETATION ACT 1901

PART 5 - GENERAL INTERPRETATION RULES  

SECTION 25B   ALTERATIONS OF NAMES AND CONSTITUTIONS  

25B(1)  


Where an Act alters the name of a body (whether or not the body is incorporated) or alters the name of an office, then:


(a) the body or office continues in existence under the new name so that its identity is not affected; and


(b) in any Act, in any instrument under an Act, in any award or other industrial determination or order or any industrial agreement, in any other order (whether executive, judicial or otherwise), in any contract, in any pleading in, or process issued in connection with, any legal or other proceedings or in any other instrument, a reference to the body or the office under the former name shall, except in relation to matters that occurred before the alteration took place, be construed as a reference to the body or the office under the new name.

25B(1A)  


Where a law of a State or Territory alters the name of a body (whether or not incorporated) or of an office, then a reference in an Act or an instrument made under an Act to the body or office under the former name is to be construed, except in relation to matters that occurred before the alteration, as a reference to the body or office under the new name.

25B(2)  


Where an Act alters the constitution of a body (whether or not the body is incorporated), then:


(a) the body continues in existence as newly constituted so that its identity is not affected;


(b) the alteration does not affect any functions, powers, property, rights, liabilities or obligations of the body;


(c) the alteration does not affect any legal or other proceedings instituted or to be instituted by or against the body, and any legal or other proceedings that might have been continued or commenced by or against the body as previously constituted may be continued or commenced by or against the body as newly constituted; and


(d) the alteration does not affect any investigation or inquiry being or proposed to be undertaken by any tribunal, authority or person into any action taken or practice engaged in by the body before the alteration took place, and any investigation or inquiry that might have been continued or commenced into any such action or practice may be continued or commenced as if the action had been taken or the practice had been engaged in by the body as newly constituted.

25B(3)  


In this section:

office
includes a position occupied by an APS employee.




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