Sch 3 s 26Transitional provision—Commissioner

26 Transitional provision—Commissioner

(1) Subject to subclause (2), a person holding office as a Commissioner of FWA immediately before the commencement of Part 1 of Schedule 9 to the amending Act continues to hold office as a Commissioner of the FWC.

(2) If, immediately before that commencement, a person:

(a) is a member of a prescribed State industrial authority; and

(b) holds office as a Commissioner of FWA;

the person continues to hold office as a Commissioner of the FWC for the balance of the person’s term of appointment that remains immediately before that commencement.

(3) If, before that commencement, a thing was done by, or in relation to, a Commissioner of FWA, then, for the purposes of the operation of any law on or after that commencement, the thing is taken to have been done by, or in relation to, a Commissioner of the FWC.

(4) For the purposes of subclause (3), a thing done before that commencement under a provision amended by Part 1, 2 or 3 of Schedule 9 to the amending Act has effect from that commencement as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

(5) The Minister may, by writing, determine that subclause (3):

(a) does not apply in relation to a specified thing done by, or in relation to, a Commissioner of FWA; or

(b) applies as if the reference in that subclause to a Commissioner of the FWC were a reference to the FWC; or

(c) applies as if the reference in that subclause to a Commissioner of the FWC were a reference to another FWC member.

A determination under this subclause has effect accordingly.

(6) A determination made under subclause (5) is not a legislative instrument.