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 2 Acts of the CEO etc.
53 Transitional - other acts of the CEO
Scope
(1) This item applies to an act if:
(a) both:
(i) the act was done by the Chief Executive Officer before the transition time; and
(ii) none of items 50, 51 and 52 applies to the act; or
(b) both:
(i) the act was done in relation to the Chief Executive Officer before the transition time; and
(ii) none of items 50, 51 and 52 applies to the act.
Effect after transition time
(2) After the transition time, the act has effect:
(a) if paragraph (1)(a) applies - as if it had been done by the Chief Executive Centrelink; or
(b) if paragraph (1)(b) applies - as if it had been done in relation to the Chief Executive Centrelink.
(3) The Minister may, by legislative instrument, declare that subitem (2) does not apply to a specified act.
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 subitem (3) in relation to a specified act, the Minister may at the same time, by legislative instrument, make any of the following declarations:
(a) if paragraph (1)(a) applies - that the act has effect, after the transition time, as if it had been done by the Secretary;
(b) if paragraph (1)(a) applies - that the act has effect, after the transition time, as if it had been done by the Chief Executive Medicare;
(c) if paragraph (1)(b) applies - that the act has effect, after the transition time, as if it had been done in relation to the Secretary;
(d) if paragraph (1)(b) applies - that the act has effect, after the transition time, as if it had been done in relation to the Chief Executive Medicare.
(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.
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