References in certain instruments to ASDA
6 References in certain instruments to ASDA
If:
an instrument was in force immediately before the transition time; and
the instrument is an instrument covered by one or more of the following subparagraphs:
an instrument that was made by the ASDA; or
an instrument to which the ASDA was a party; or
an instrument that was given to, or in favour of, the ASDA; or
an instrument under which any right or liability accrues or may accrue to the ASDA; or
any other instrument in which a reference is made to the ASDA; and
a reference in the instrument to the ASDA is a reference to the ASDA as an entity with a particular power or capacity (for example, as party to a contract or the holder of real or personal property); and
the ASADA does not have that power or capacity;
the reference has effect after the transition time as if it were a reference to the Commonwealth.
To avoid doubt, if:
an instrument was in force immediately before the transition time; and
the instrument is an instrument covered by one or more of the following subparagraphs:
an instrument that was made by the ASDA; or
an instrument to which the ASDA was a party; or
an instrument that was given to, or in favour of, the ASDA; or
an instrument under which any right or liability accrues or may accrue to the ASDA; or
any other instrument in which a reference is made to the ASDA; and
a reference in the instrument to the ASDA is a reference to the ASDA as an entity with a particular power or capacity; and
the ASADA has that power or capacity;
section 25B of the Acts Interpretation Act 1901 applies in relation to the reference.
After the transition time, the reference to the ASDA will be construed as a reference to the ASADA. This is because the body corporate that is the ASDA continues in existence as the ASADA after the transition time (see section 20 of the ASADA Act and section 25B of the Acts Interpretation Act 1901).
The regulations may determine that one of subitems (1) and (2), rather than the other of those subitems, applies in relation to a particular reference or class of references.
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