9References to the Administration in certain instruments taken to be references to the Norfolk Island Regional Council

9 References to the Administration in certain instruments taken to be references to the Norfolk Island Regional Council

(1) This section is made for the purposes of subitem 367(1) of the NILA Act. (2) This section applies to an instrument if: (a) the instrument was in force immediately before the final transition time; and (b) a reference is made in the instrument to the Administration; and (c) the instrument is an instrument covered by one or more of the following subparagraphs: (i) the instrument was made by the Administration; (ii) the Administration was a party to the instrument; (iii) the instrument was given to, or in favour of, the Administration; or (iv) a right or liability accrued or may accrue to the Administration under the instrument; and (d) the instrument is not made under an Act or regulations which preclude: (i) the Norfolk Island Regional Council being taken to have made the instrument; or (ii) the Norfolk Island Regional Council becoming a party to the instrument; or (iii) the instrument being given to, or in favour of, the Norfolk Island Regional Council; or (iv) the right or liability accruing to the Norfolk Island Regional Council; and (e) the instrument is not the 1993 AFP arrangement. (3) If this section applies to an instrument, a reference to the Administration in the instrument has effect after the final transition time as if the reference were a reference to the Norfolk Island Regional Council. Note: ‘instrument’ is defined in subitem 367(3) of Schedule 2 to the NILA Act to include a contract, deed, undertaking or agreement; a notice, authority, order or instruction; and an instrument made under an Act or under regulations but does not include an exempt instrument.