Schedule 3Repeal of the Australian National Railways Commission Act 1983 and other Acts

# Schedule 3—Repeal of the Australian National Railways Commission Act 1983 and other Acts Australian National Railways Commission Act 1983 1 The whole of the Act Repeal the Act. 2 Definitions In this Schedule: repeal day means the day on which this item commences. residual assets means: (a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and (b) any rights, privileges and immunities including contingent or prospective ones; of the Commission immediately before the repeal day. residual instruments means instruments that are in force immediately before the repeal day: (a) to which the Commission is a party; or (b) that were given to, by or in favour of the Commission; or (c) in which a reference is made to the Commission; or (d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission. residual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day. 3 Residual assets and liabilities to become Commonwealth assets and liabilities (1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day. (2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day. (3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth. 4 Provisions continue to apply In spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act. 4A Registration of transfers after repeal Despite the repeal of the Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened. 5 Pending proceedings If, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings. Seat of Government Railway Act 1928 6 The whole of the Act Repeal the Act. Port Augusta to Whyalla Railway Act 1970 7 The whole of the Act Repeal the Act. Tarcoola to Alice Springs Railway Act 1974 8 The whole of the Act Repeal the Act. Railways Agreement (South Australia) Act 1975 9 The whole of the Act Repeal the Act. Railway Agreement (Adelaide to Crystal Brook Railway) Act 1980 10 The whole of the Act Repeal the Act. Railways (Tasmania) Act 1975 11 The whole of the Act Repeal the Act.