Acts Interpretation Act 1901
This section applies if:
(a) a provision of an agreement entered into by or on behalf of the Commonwealth refers to an authority (see subsection (6)) in relation to a particular matter (the relevant matter ); and
(b) any of the following happens after the agreement was entered into:
(i) the authority is abolished;
(ii) the name or title of the authority is changed;
(iii) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order;
References to authorities in Commonwealth agreements 19C(2)
(iv) the reference to the authority becomes no longer appropriate for any other reason.
The following table provides which authority the provision of the agreement is taken to refer to in relation to the relevant matter on a particular day (the relevant day ) after the most recent event mentioned in paragraph (1)(b).
|References to authorities in Commonwealth agreements|
|Item||If the provision refers to [mldr ]||then the provision is taken to refer to [mldr ]|
|1||a Minister||the Minister, or any of the Ministers, administering the Department of State of the Commonwealth that deals with the relevant matter on the relevant day.|
|2||a Department||the Department of State of the Commonwealth that deals with the relevant matter on the relevant day.|
|3||any other authority (the relevant authority )||an authority (including the relevant authority):|
|(a)||exercising the powers, or performing the functions, of the relevant authority on the relevant day; or|
|(b)||determined under subsection (4).|
The following instruments, as in force on the relevant day, or any earlier day, may be used to work out which authority is taken to be referred to under subsection (2):
(a) an Administrative Arrangements Order;
(b) a substituted reference order under section 19B .
Substituted reference orders under section 19B may have effect in relation to days before the orders are made.19C(4)
The Minister administering the Department of State of the Commonwealth that deals with the relevant matter may, by notifiable instrument, make a determination for the purposes of item 3 of the table in subsection (2).
A determination may be amended or revoked in the same way as it is made (see subsection 33(3) ).
Notifiable instruments must be registered under the Legislation Act 2003 , but they are not subject to parliamentary scrutiny or sunsetting under that Act.19C(5)
To avoid doubt, if, because of this section, a provision of an agreement entered into by or on behalf of the Commonwealth is taken to require anything to be done by or in relation to any one of 2 or more Ministers, the provision is not taken to require it to be done in any particular case by or in relation to more than one of those Ministers. Definition of authority 19C(6)
In this section:
(a) a Minister;
(b) a Department of State of the Commonwealth;
(c) any other Agency within the meaning of the Public Service Act 1999 ;
(d) an office (including an APS employee ' s office and any other appointment or position), or the holder of an office.
Offices are offices in and for the Commonwealth (see section 21 ). An example is the office of Secretary of a Department of State.
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