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COMMONWEALTHAct
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s 11

Pre‑existing arrangements

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Part 3Miscellaneous

11 Pre‑existing arrangements

Action before commencement of this section

(1)

This section applies if, at a time (the relevant time) before the commencement of this section:

(a)

the Commonwealth purported to make, vary or administer an arrangement for the purposes of, or for purposes incidental to:

(i)

providing, or arranging for the provision of, a relevant service; or

(ii)

developing, training or supporting translators or interpreters to provide a relevant service; and

(b)

the Commonwealth did not (apart from this section) have the power to make, vary or administer that arrangement.

(2)

The Commonwealth is taken to have had, at the relevant time, the power to make, vary or administer that arrangement.

Action after the commencement of this section

(3)

The powers conferred by subsection 8(5) include the power to vary or administer an arrangement made before the commencement of this section for the purposes of, or for purposes incidental to:

(a)

providing, or arranging for the provision of, a relevant service; or

(b)

developing, training or supporting translators or interpreters to provide a relevant service.

Arrangements with States and Territories

(4)

Paragraphs 8(1)(c), (d) and (g) apply in relation to an arrangement with a State or Territory made before, on or after the commencement of this section.

Definitions

(5)

In this section:

arrangement includes a contract, agreement or deed.

make, in relation to an arrangement, includes enter into.

relevant service means a service mentioned in any of paragraphs 8(1)(a) to (g).

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