Part 2Establishment of the ART

Part 2—Establishment of the ART   3  President’s report for period ended before transition time  (a) the transition time occurs after the end of a financial year; and  (b) the annual report referred to in section 24R of the old Act had not been prepared for the financial year before the transition time. (2) The President of the ART must, as soon as reasonably practicable, prepare the report in accordance with the old Act as if the old Act had not been repealed. (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable. 4  Registrar’s report for period ended before transition time  (a) the transition time occurs after the end of a reporting period for the AAT; and  (b) the annual report referred to in section 46 of the Public Governance, Performance and Accountability Act 2013 for the AAT for the reporting period had not been prepared before the transition time. (2) The Chief Executive Officer and Principal Registrar of the ART must prepare the report. 5  President’s report for period in which transition time occurs (1) This item applies:  (a) if the transition time occurs during a financial year; and  (b) in relation to the matters that would have been covered by the annual report referred to in section 24R of the old Act for the part of the financial year before the transition time if the old Act had not been repealed. (2) The first annual report prepared by the President of the ART under section 264 of the new Act must cover those matters. 6  Registrar’s report for period in which transition time occurs (1) This item applies:  (a) if the transition time occurs during a reporting period for the AAT; and  (b) in relation to the matters that would have been covered by the annual report referred to in section 46 of the Public Governance, Performance and Accountability Act 2013 for the AAT for the part of the reporting period before the transition time if the old Act had not been repealed. (2) The first annual report prepared by the Chief Executive Officer and Principal Registrar of the ART under section 46 of the Public Governance, Performance and Accountability Act 2013 must cover those matters. 7  Records (1) This item applies to records and documents that were in the possession of the AAT before the transition time. (2) The records and documents are to be transferred to the ART after the transition time. 8  Return of documents by courts  (a) immediately before the transition time, a court was in possession or control of a document; and  (b) at a time (the return time) after the transition time, if the old Act had not been repealed, the court would have had to return the document to the AAT. (2) At the return time, the court must return the document to the ART. 9  Return of documents by AAT  (a) immediately before the transition time, the AAT was in possession or control of a document; and  (b) at a time (the return time) after the transition time, if the old Act had not been repealed, the AAT would have had to return the document to a person or body. (2) At the return time, the ART must return the document. 10  Pending proceedings (1) This item applies to any proceedings:  (a) that were pending in any court or tribunal immediately before the transition time; and  (b) to which the AAT was a party. (2) The ART is, after the transition time, substituted for the AAT as a party to the proceedings. 11  Staff (1) This item applies to a person who, immediately before the transition time, was engaged as a staff member of AAT under section 24N of the old Act. (2) The person is taken, at the transition time, to be engaged as a member of the staff of the ART under section 238 of the new Act on the same terms and conditions. (3) The repeal of the old Act does not affect the continuity of employment of the person. 12  Registries (1) This item applies if a registry established under section 64 of the old Act was in existence immediately before the transition time. (2) At the transition time, the registry exists as if it had been established by the Minister under section 243 of the new Act. 13  References in instruments (1) This item applies if an instrument in force immediately before the transition time:  (a) refers to the old Act; or  (b) refers to a provision of the old Act; or  (c) refers to the AAT. (2) The reference is taken, after the transition time, to be a reference to the following (as the case requires):  (a) the new Act;  (b) an equivalent, or nearly equivalent, provision of the new Act;  (c) the ART. (3) The rules may provide that subitem (2) does not apply in relation to a specified instrument, or a particular reference in a specified instrument. (4) To avoid doubt, this item does not prevent the instrument from being amended or repealed after the transition time.