Existing commissions and other instruments that appoint persons to office on or after repeal day
7 Existing commissions and other instruments that appoint persons to office on or after repeal day
A commission or other instrument of appointment made under or for the purposes of the former Act (an existing appointment instrument) that, but for the repeal of the former Act, would have operated on or after the repeal day to appoint a person to the office of State Coroner, a Deputy State Coroner, a coroner or an assistant coroner is taken on and from that day to have been issued under or for the purposes of this Act.
An existing appointment instrument operates, on the day specified in the instrument, to appoint the person named in the instrument—
in the case of the appointment of a person to the office of coroner where the person is not a Magistrate or Australian lawyer (but is a member of staff of the Attorney General’s Department)—to the office of assistant coroner under this Act, and
in any other case (but subject to subclause (3))—to the office under this Act that corresponds to the office specified in the instrument.
An existing appointment instrument has no force or effect for the purposes of this Act if it provides for—
the appointment of a person to the office of coroner where that person is not a Magistrate or Australian lawyer and not a member of staff of the Attorney General’s Department, or
the appointment of a person to the office of assistant coroner where that person is not a member of staff of the Attorney General’s Department.
This Act’s bill:Explanatory memorandumSecond reading speech
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