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Judiciary Amendment Bill 1998
Schedule 2 Transitional provisions

   

1  Definitions

In this Schedule:

AGS means the Australian Government Solicitor established under the Judiciary Act 1903 .

commencement time means the time when this Schedule commences.

former AGS means the Australian Government Solicitor established under the Judiciary Act 1903 as in force immediately before the commencement of Schedule 1.

2  AGS successor in law

(1)        The AGS is the successor in law of the former AGS.

(2)        Without limiting subitem (1), if:

                     (a)  the former AGS was acting in relation to a matter before the commencement time; and

                     (b)  the matter continues after the commencement time;

the AGS is taken to be substituted for the former AGS, for all purposes, in relation to the matter and all references to the former AGS in relation to the matter are taken to be references to the AGS.

3  Business of former AGS

At the commencement time, the business of the former AGS becomes the business of the AGS.

4  Attorney-General may transfer Commonwealth assets to new AGS

(1)        The Attorney-General may, by writing, make any or all of the following declarations:

                     (a)  a declaration that a specified asset of the Commonwealth vests in the AGS at a specified time without any conveyance, transfer or assignment;

                     (b)  a declaration that a specified instrument in relation to a specified asset continues to have effect after the asset vests in the AGS as if a reference in the instrument to the Commonwealth were a reference to the AGS;

                     (c)  a declaration that the AGS becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the AGS.

(2)        A declaration has effect accordingly.

(3)        Subitem (1) does not prevent the Commonwealth from transferring an asset to the AGS otherwise than under that subitem.

5  Attorney-General may transfer Commonwealth liabilities to new AGS

(1)        The Attorney-General may, by writing, make any or all of the following declarations:

                     (a)  a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the AGS at a specified time;

                     (b)  a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the AGS, as if a reference in the instrument to the Commonwealth were a reference to the AGS;

                     (c)  a declaration that the AGS becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the AGS.

(2)        A declaration has effect accordingly.

(3)        Subitem (1) does not prevent the Commonwealth from transferring a liability to the AGS otherwise than under that subitem.

6  Transfer of records

(1)        The Secretary to the Attorney-General’s Department may transfer to the AGS records of the Commonwealth that relate to the functions of the AGS.

(2)        In this item:

record has the same meaning as in the Archives Act 1983 .

7  Regulations

(1)        The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)        Without limiting subitem (1), regulations may be made in relation to transitional matters arising out of the abolition of the former AGS or otherwise arising out of the enactment of this Act.