Rural Assistance Schemes Act 2016

The principal legal constructs the Act creates and uses are: a single office consisting of a Member who is the Rural Assistance Commissioner (s 4); statutory vesting and substitution of rights, liabilities and property from an abolished corporation to that office (Part 3, especially ss 16-19); ministerial control and departmental delegation to achieve administrative continuity and operational delivery (ss 10-11); and express non-liability and tax-relief protections to smooth transfers (ss 24, 27).

The Rural Assistance Commissioner is a body corporate with perpetual succession and capacity to sue and be sued and to hold property (s 4(3)(a)-(d)). The Commissioner represents the Crown when performing functions (s 6). The Act defines the Commissioner’s object as administering and facilitating rural assistance schemes and providing services and advice on rural and regional industries (s 7). The enumerated functions are to administer and facilitate schemes, coordinate financial resources for investment in rural/regional industries, and provide advice and services to government (s 8). The statutory power clause is broad and purposive: the Commissioner may do all things necessary and convenient to perform its functions and is given an extensive non‑exhaustive list of specific powers including acquiring and disposing of real and personal property, entering agreements, taking security over intellectual property, subscribing for shares and securities, giving indemnities and guarantees, engaging contractors, acting as trustee or as an agent (s 9(1)-(2)).

Ministerial control is explicit. The Commissioner is subject to the direction and control of the Minister in exercising powers and performing functions (s 10(1)). If the Member is not the Secretary, the Act adds a requirement that the Commissioner is subject to the specific direction of the Minister and to the general direction and control of the Secretary (s 10(2)). Delegation is permitted to departmental employees and to other Department Heads subject to multi-party approvals, including the Minister and the relevant Minister for the other Department and the other Department Head, and, if the Member is not the Secretary, the Secretary (s 11(2)). Delegations may be framed to persons or classes of persons or offices and may be further sub‑delegated by a Department Head to departmental staff (s 11(3)-(4)).

Part 3 operates as a statutory transfer package. It starts by declaring it applies despite other Acts (s 15), winds up the Corporation (s 16), makes the Commissioner successor in law (s 17), preserves encumbrances on vested property (s 18), substitutes the Commissioner as party to agreements (s 19), substitutes the Commissioner into proceedings (s 20), treats registered land interests as held by the Commissioner (s 21), treats newly acquired rights in the nature of easements as easements even if no benefited land is vested in the Commissioner (s 22), obliges the Registrar of Titles to amend registers upon request (s 23), removes stamp duty and other tax charges in respect of transfers needed under the Part (s 24), and provides evidentiary continuity for the former Corporation’s account books under the Evidence Act (s 25).

The Act also contains continuity and non‑derogation provisions. It provides that acts or decisions of the Commissioner are not invalid merely because of a vacancy or defect in the Member’s appointment (s 14). It provides that nothing done under Part 3 is to be regarded as causing breach, default, or release of surety, or as giving rise to termination or remedies on account of change in beneficial or legal ownership (s 27(1)). The Act preserves procedural machinery for regulations and contemplates delegation of detail-making to the Commissioner under regulation power (s 28(2)(b)).

The statutory apparatus therefore combines a corporate-capacity statutory office, ministerial and departmental governance settings, and a statutory conveyancing and litigation continuity mechanism intended to transfer the Rural Finance Corporation’s remaining legal position into the Commissioner without creating tax charges or immediate contractual upheaval.

Directly affected parties are identifiable from the text of the Act itself. The immediate group are the Rural Finance Corporation of Victoria’s former counterparties, which includes contracted service providers, borrowers, secured creditors, shareholders or security holders, and other persons with rights or liabilities under agreements to which the Corporation was party. The Act substitutes the Commissioner for the Corporation in those agreements (s 19) and in pending proceedings (s 20). The text names two agreements where references to the Treasurer are taken to mean the Minister and those agreements have effect as if the Minister had always been a party (s 26(1)-(2)): the Business Sale Agreement dated 15 May 2014 and the Non‑Commercial Activities Services Agreement dated 1 July 2014 (s 26(2) definitions).

Landholders and persons holding or dealing with land interests previously registered in the name of the Corporation are directly affected because the Commissioner is taken to be registered proprietor and has the same rights and remedies (s 21). The Registrar of Titles is given an operational task to amend registers on request with delivery of the relevant certificate of title or instrument (s 23). Persons holding encumbrances or securities over former Corporation property should expect those encumbrances to remain in force, because vested property is subject to pre‑existing encumbrances (s 18).

The Victorian Government and its ministers and departments are also directly implicated. The Commissioner represents the Crown in performing its functions (s 6). The Minister controls the Commissioner (s 10), and, depending on the Member’s employment status, the Secretary has a statutory role in general direction and control (s 10(2)). The Act contemplates delegation of Commissioner powers to the Department of Energy, Environment and Climate Action (s 11(1)) and to other Department Heads subject to multiple approvals (s 11(2)). Department Heads, departmental employees and the Secretary therefore have practical statutory roles.

Entities that obtain or exploit intellectual property or other assets formerly held by the Corporation will be affected by the Commissioner’s broad powers to acquire, grant, encumber and exploit IP and Crown copyright (s 9(2)(f)-(i)). Consulting firms, contractors and agents are potential counter‑parties given that the Commissioner may engage consultants and contractors (s 9(2)(j)).

The public more broadly,rural and regional industries and communities that are the object of the Commissioner’s functions,are a named intended beneficiary class in the Act’s object and function statements (ss 7-8). The statute gives the Commissioner roles in coordinating financial resources for investment in rural and regional industries and providing advice and services to government (s 8). However, the Act does not itself specify program eligibility rules, entitlements, rates or benefit formulas; those are administrative matters to be implemented within the Commissioner’s functions, subject to ministerial direction (ss 8, 10).

Because Part 3 includes tax immunity for transfers (s 24) and continuity protections for third parties (s 27), transferees, sureties and counterparties are expressly insulated from certain cost or default consequences that might otherwise follow a change in legal ownership. The Act therefore affects not only those with direct contractual relationships but also those who may otherwise seek remedies or claim breaches as a result of the corporate conversion. Finally, courts and tribunals are affected in that they must take judicial notice of the Commissioner’s official seal (s 5(2)) and must accept the Commissioner as substituted party in existing proceedings without fresh pleadings (s 20).

The Act principally confers functions, powers and duties on the Rural Assistance Commissioner and prescribes the rights and duties that flow from the transfer of the Rural Finance Corporation’s legal position. The Commissioner’s object is to administer and facilitate rural assistance schemes and to provide services and advice in relation to rural and regional industries (s 7). That object frames the Commissioner’s chief statutory duties as documented in s 8: to administer and facilitate schemes (s 8(a)), to bring together and coordinate financial resources for investment in rural and regional industries (s 8(b)), and to provide services and advice to government (s 8(c)).

Rights conferred on the Commissioner include corporate capacities (s 4(3)): perpetual succession; an official seal (s 4(3)(b)) whose use courts must judicially notice (s 5(2)); the capacity to sue and be sued and to own real and personal property (s 4(3)(c)-(d)); and extensive operational powers (s 9). Section 9(2) lists rights the Commissioner may exercise, such as entering into agreements, subscribing for shares and securities, giving indemnities and securities, acquiring and dealing with intellectual property and Crown copyright, engaging consultants and contractors, acting as trustee and acting as agent. Those listed powers are non-exhaustive because s 9(1) gives the Commissioner all things necessary and convenient to perform its functions.

On the duties and accountability side, the Commissioner is explicitly subject to the direction and control of the Minister in exercising its powers and performing functions (s 10(1)). If the Member is not the Secretary, further duties arise: the Commissioner is subject to specific direction by the Minister and must perform its functions and exercise powers under the general direction and control of the Secretary (s 10(2)). This dual line of control potentially creates administrative duties to follow Ministerial directions and to accept Secretary oversight where the Member is external to the Department.

Delegation rules shape who may exercise Commissioner powers and therefore distribute duties. The Commissioner may delegate to any person employed in the Department of Energy, Environment and Climate Action (s 11(1)). Delegation to a Department Head of another Department requires prior approvals from the Minister, the Minister responsible for that Department (if different), the other Department Head, and, if the Member is not the Secretary, the Secretary (s 11(2)). A Department Head who receives such a delegation may further delegate to departmental staff (s 11(3)). Delegations may be framed by persons or offices and by classes (s 11(4)). Delegation creates duties on delegatees that arise under the instrument of delegation and by law, and it creates an evidentiary chain for accountability.

For third parties, the Act confers substitution rights: where the Corporation had rights or liabilities under agreements, those rights and liabilities vest in, or become the liabilities of, the Commissioner (s 17). The Commissioner is thereby a statutory successor in law to the Corporation (s 17(c)) and is a party to agreements in place of the Corporation as of commencement (s 19(1)). The Act preserves pre‑existing encumbrances on vested property (s 18(a)) and preserves the rights the Corporation enjoyed in respect of liabilities (s 18(b)). For registered land, the Commissioner is taken to be the registered proprietor and has the same remedies as the Corporation (s 21).

Statutory duties on registrars and tax authorities are also created. The Registrar of Titles must make amendments necessary because of Part 3 on request and on delivery of the relevant certificate of title or instrument (s 23). The Act directs that no stamp duty or other tax is chargeable in respect of anything done under Part 3 or any connected act or instrument (s 24).

Finally, the Act imposes duties regarding continuity and non‑derogation. Acts or decisions of the Commissioner are not invalid merely because of membership vacancies or defects in appointment (s 14). Part 3 actions are not to be regarded as breaches, defaults or as giving rise to remedies or terminations because of a change in ownership (s 27(1)). Evidence duties follow from s 25, which makes the Evidence Act 2008 apply to the Corporation’s books as business records, thereby imposing evidentiary duties on courts and litigants to accept those records as business records.

The Act contains no general schedule of civil or criminal penalties for contraventions. Enforcement of duties and protection of rights will operate primarily through substitution into contracts and proceedings, ministerial control, delegated administrative mechanisms, and the ordinary jurisdiction of courts dealing with disputes where the Commissioner is a party.

The Act does not create a standalone enforcement regime of statutory fines or criminal offences for breaches of its administrative obligations. There are no penalty provisions specified in the text. Enforcement and consequence mechanisms are therefore predominantly civil, administrative and procedural, and the Act creates mechanisms to preserve legal continuity rather than to punish wrongdoing.

Civil enforcement mechanisms in the statute include the Commissioner’s capacity to sue and be sued (s 4(3)(c)). That capacity enables the Commissioner to enforce rights or be subject to ordinary civil claims in courts and tribunals. Where proceedings involving the Corporation were pending at commencement, the Commissioner is substituted as the party and assumes the same rights in those proceedings (s 20). That substitution is immediate and is not conditional on fresh pleadings or re‑commencement, so civil remedies available against (or to) the Corporation continue against (or to) the Commissioner.

The Act gives courts a practical evidentiary facilitation: the official seal’s presence on documents must be judicially noticed (s 5(2)), and the former Corporation’s books of account and entries are admissible under the Evidence Act 2008 as business records (s 25(2)). Those provisions facilitate proof and the enforcement of rights in litigation.

Administrative enforcement is effected by ministerial direction and departmental control. The Minister has power to direct the Commissioner (s 10(1)) and the Secretary (where the Member is not the Secretary) holds supervisory control (s 10(2)). Delegations to departmental employees and Department Heads are controlled by instruments and approvals (s 11). Those governance levers are administrative enforcement tools to ensure compliance with policy and statutory duties.

The Act also contains statutory non‑derogation protections in favour of third parties. Part 3 contains a series of declarations (s 27(1)(a)-(g)) that actions done under the Part are not to be regarded as breaches, defaults, grounds for termination, or causing release of sureties; they are not to be regarded as frustrating contracts or creating civil wrongs. Those clauses operate to remove legal grounds for enforcement remedies that could otherwise be claimed by counterparties on the basis of a change in ownership or assignment. However, the clauses are declaratory and operate only to the extent Parliament has the power to alter contractual consequences by statute. They do not create new private rights of enforcement in favour of third parties; rather, they remove certain causes of action that might have followed the transfers effected by the Act.

Tax enforcement is curtailed in a limited way. Section 24 removes stamp duty and other taxes from being chargeable under any Act in respect of anything effected by or done under Part 3 or in connection with it. This reduces the fiscal enforcement footprint on the transfers and actions taken under Part 3, and prevents tax authorities from imposing those specific charges in relation to transfer instruments required by the Part.

No criminal sanctions, administrative penalties, or inspectorate powers are created in the Act. Where misconduct, neglect of duty or inability to perform duties arises in relation to the Member, the Governor in Council may remove or suspend the Member on the grounds listed in s 13(3). That removal power is a disciplinary administrative remedy rather than a penal sanction.

In practice, enforcement and accountability will therefore play out in ordinary civil litigation and administrative removal processes, under ministerial direction and delegated instruments, and through the courts’ handling of substituted proceedings. Because the Act expressly preserves ongoing rights and remedies and shields many transfer consequences from being treated as breaches, parties seeking to enforce or to rely on defaults arising from the transfer will face statutory obstacles grounded in s 27.

The Act cross‑references and alters the operation of several other statutes by text and effect, and contains express primacy and preservation clauses to manage interaction with existing legal frameworks.

Primacy over other Acts in relation to the Corporation is explicit. Section 15 declares that Part 3 applies despite anything to the contrary in the State Owned Enterprises Act 1992 or any other Act making provision in respect of the Corporation. That means the statutory transfer regime and related protections in Part 3 take precedence over alternative provisions in other Acts that might otherwise constrain or alter the transfer, dissolution or substitution process.

The Act also expressly repeals the Rural Finance Act 1988 and the Young Farmers' Finance Council Act 1979 in its stated purpose (s 1(d)). The text in the table of provisions and endnotes records the winding up of the Corporation and the revocation of specified Orders under the State Owned Enterprises Act (s 16(d)(i)-(ii)). The Act substitutes the Commissioner for the Corporation across instruments and agreements; for two named agreements it substitutes the Minister for references to the Treasurer (s 26). Those two agreements are defined and listed in s 26(2). The substitution changes the public law interlocutor under those agreements.

Evidence law interaction is provided for. Section 25(2) applies the Evidence Act 2008 with respect to the Corporation’s books of account and entries as if they were business records, whether or not they relate to former Corporation property. That creates an evidentiary facilitation for continuity in litigation or proof of past transactions.

Property law interaction is mechanical and administrative. The Act treats the Commissioner as the registered proprietor of land interests previously registered to the Corporation under the Transfer of Land Act 1958 and gives the Commissioner the same rights and remedies (s 21). The Registrar of Titles is obliged to make amendments on request and delivery of the certificate (s 23). Section 22 declares that rights in the nature of easements acquired by the Commissioner are to be treated as easements even where no benefited land is vested in the Commissioner. Those property provisions interact with conveyancing and land registration processes and may require administrative amendments to public registers.

Tax law interaction is explicit and removes certain taxes. Section 24 declares that no stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under Part 3 or in respect of any act or transaction connected with it, including instruments made, executed, lodged or given for transfers. That statutory bar modifies the tax consequences that would otherwise arise under relevant taxation or stamp duty statutes for conveyances, assignments and related documents executed to implement Part 3.

Administrative law and public sector governance interact through references to the Public Administration Act 2004 definitions for Department and Department Head (s 3 definitions and notes), the Secretary role, and the approval and delegation framework in s 11. The Act prescribes that delegations may be given to Departmental employees and Department Heads under the Public Administration Act structure, and ties general direction of the Commissioner to the Secretary where the Member is not the Secretary (s 10(2), s 11).

Finally, the Act contains a non‑derogation clause that affects contract law interaction. Section 27(1) lists matters that are not to be regarded as breaches or defaults or as giving rise to remedies because of the operation of Part 3. That statutory direction interacts with ordinary contract rights and must be read as a legislative limitation on contractual remedies in the specific circumstances of the Part 3 transfers. Section 27(2) clarifies that "Act" in that section does not include the Charter of Human Rights and Responsibilities, indicating parliamentary intent that the non‑derogation protections are not to be read as modifying rights under the Charter.

The power to make regulations (s 28) contemplates further legislative detail and allows regulations that may be of general or limited application, may leave matters to be determined or approved by the Commissioner, and may differ according to time, place or circumstances. That regulatory power opens an avenue for subsequent subordinate law to interact with and specify how the Act operates in practice.

The version provided incorporates amendments through to 22 October 2025 and records amendments made by two later Acts. The Table of Amendments in the endnotes identifies the Agriculture Legislation Amendment Act 2022 (No. 22/2022) and the Statute Law Revision Act 2025 (No. 41/2025) as altering provisions of the Rural Assistance Schemes Act 2016.

The Agriculture Legislation Amendment Act 2022 affected ss 165-167, which, as recorded in the edition notes, amended s 11 and s 13. The consolidated text reflects changes to s 11(1) and s 11(2) and to s 13(2)(a)-(b) and s 13(3). The endnotes specify that ss 165-167 commenced on 5 April 2023 (s 2(2) of the amending Act). The amendments in 2022 altered the delegation regime (s 11) and the conditions of office and eligibility for reappointment where the Member is not a public service employee (s 13), and those amendments are shown in the parenthetical notes in the text (for example, "S. 11(1) amended by Nos 22/2022 s. 166(1) ...").

The Statute Law Revision Act 2025 amended the definition of "Secretary" in s 3 and made related stylistic and consequential updates noted in the table. The endnotes record that s 4(Sch. 2 item 24) of that Act commenced on 22 October 2025. The text displays marginal notes indicating the s 3 definition of Secretary was amended by Nos 22/2022 s 165 and 41/2025 s 4(Sch. 2 item 24.1) and that s 11(1)-(2) amendments were also consequentially updated by the 2025 Act.

The Act itself contains temporal provisions that have previously operated: s 2 fixed commencement on 30 June 2016; s 16 effected the winding up on commencement; s 29 had an expiry that operated, and Pt 5 (ss 30-34) was repealed on 30 June 2017 (endnote table). The table of amendments and endnotes in the edition record these historical timings and that s 29 expired on 30 June 2018 as provided.

The page of consolidated text includes marginal notes marking where subsections were amended and the source of the amendment. Practitioners should consult the relevant amending Acts for the precise amendment language and commencement details when tracing legislative intent. The endnotes expressly record the assent dates and commencement dates for the principal amending Acts: Agriculture Legislation Amendment Act 2022 (Assent 15 June 2022; commencement of the relevant amendments 5 April 2023) and Statute Law Revision Act 2025 (Assent 21 October 2025; commencement 22 October 2025 for the item noted).

There are no recorded subsequent substantive amendments beyond those noted in the endnotes in this consolidated version. The Act’s explanatory details section in the endnotes records "No entries at date of publication", indicating no further explanatory notes were attached in this print.

The Act’s text and endnotes do not record any judicial decisions interpreting the Rural Assistance Schemes Act 2016. There are no cases cited or listed in the Act’s endnotes. The statute does, however, create a mechanism to preserve litigative continuity: pending or existing proceedings in which the Rural Finance Corporation was a party are continued with the Rural Assistance Commissioner substituted for the Corporation and having the same rights (s 20). The Act also prescribes evidentiary treatment for the former Corporation’s books under the Evidence Act 2008 (s 25), which affects proof in litigation.

Because the Act does not itself create new criminal offences or administrative fines, reported litigation that would directly arise under the Act would most likely involve ordinary civil disputes inherited from the Corporation and fresh disputes arising from the Commissioner’s exercise of functions, contractual enforcement or challenged ministerial directions. Those disputes would be litigated under the general law and practice and only raise statutory interpretation questions where the Act’s provisions on substitution, non‑derogation (s 27) or delegation (s 11) are in issue.

The absence of reported litigation in the endnotes means two things for practitioners relying on the statute. First, interpretive and application issues that may arise,such as the precise scope of s 27’s non‑derogation protections, the extent of ministerial direction under s 10, or the extent of the Commissioner’s ability to give indemnities or guarantees under s 9(2)(e),may be unsettled by authoritative judicial construction. Second, substitution mechanics are statutory and are designed to be administratively straightforward, so the practical approach for counterparties and registrars is to treat the Commissioner as substituted unless and until a court decides otherwise. Section 14 protects the validity of decisions despite vacancies or defects in appointment, which reduces procedural litigation risk as to the Commissioner’s acts (s 14).

Practitioners should therefore expect that litigation connected to this Act will, at least initially, be more likely to involve ordinary contractual disputes, security enforcement, property dealings and administrative law challenges to ministerial directions or delegation instruments rather than novel statutory offences or penalty proceedings under the Rural Assistance Schemes Act itself.

The Act contains a number of features that may be surprising or easily overlooked but have concrete legal consequences. These are the areas practitioners and operational staff should review closely.

1. Ministerial direction and Secretary control. The Commissioner is subject to the direction and control of the Minister in every exercise of its powers and performance of functions (s 10(1)). If the Member is not the Secretary, the Commissioner is subject to specific direction of the Minister and must act under the Secretary’s general direction and control (s 10(2)). That means the practical independence typically associated with some statutory corporations is constrained. Parties used to dealing with the former Corporation’s board may now face decisions directed through ministerial or departmental channels. Check who the Member is and whether the Member is an employee under the Public Administration Act, because this affects the Secretary’s role under s 13 and s 10(2).

2. Delegation approval complexity. Delegation to Department Heads of other Departments requires approvals from multiple actors, including the Minister, the Minister responsible for the other Department (if applicable), the other Department Head, and, if the Member is not the Secretary, the Secretary (s 11(2)(a)-(d)). Delegations therefore may take time to effect and may be constrained by inter‑departmental negotiation. Department Heads may sub-delegate, but initial delegation is an approvals-heavy process (s 11(3)). Instruments of delegation may limit scope by class or office (s 11(4)).

3. Substitution does not cure all contractual realities. Section 19 substitutes the Commissioner for the Corporation and s 27(1) declares that things done under Part 3 should not be regarded as breaches or defaults. However, s 27 is statutory direction and will be effective only to the extent Parliament can alter contractual and property consequences by legislation. Some contracts contain anti‑assignment clauses, consent provisions, or third‑party rights that may still require procedural steps or consents in practice. Parties should not assume automatic operational equivalence without checking specific contractual terms and, where needed, obtaining express consents or confirmations.

4. Easements and non‑benefited rights. Section 22 makes rights in the nature of easements held by the Commissioner to be treated as easements even if no benefited land is vested in the Commissioner. That is a property‑law peculiarity: registries and practitioners should be ready to rationalise how such easements are recorded and enforced given the Commissioner may hold the benefit without corresponding registered burdened land in the Commissioner’s name.

5. Registrar action required. The Registrar of Titles is required to amend the Register on request and on delivery of the relevant certificate or instrument (s 23). That places administrative burden on registrars and on parties to present titles or instruments and obtain amendments. Without that step, public registers may remain outdated even though statutory substitution has occurred.

6. Tax immunity narrowness. Section 24 prevents stamp duty and other tax being chargeable under any Act in respect of anything effected by or done under Part 3 or any connected act or transaction. That immunity should be read specifically in relation to transfers and connected actions under Part 3. It is not an open‑ended tax waiver for unrelated transactions; parties should document that the instrument is done because of, and connected with, the Part 3 transfers to rely on the exemption.

7. Evidence and records. The Evidence Act 2008 applies to the Corporation’s books as business records (s 25(2)). That facilitates use of historic records in litigation but also means practitioners must preserve those records and be aware of their evidentiary status in disputes.

8. Non‑inclusion of Charter in s 27. Section 27(2) specifies that "Act" for the purposes of s 27 does not include the Charter of Human Rights and Responsibilities. That means the non‑derogation protections in s 27(1) are not framed as modifying Charter obligations. Practitioners should therefore consider human rights dimensions separately where relevant.

9. No penalties or enforcement detail. The Act does not create an enforcement regime of penalties or offences. Where compliance or misconduct occurs, remedies will be via ordinary civil law or administrative removal powers for the Member (s 13(3)). There is no inspectorate or specified compliance reporting in the Act itself.

10. Delegation changes in amendments. The delegation regime has been amended by the 2022 and 2025 amending Acts, changing thresholds and approvals in s 11. Practitioners working with delegation instruments should confirm the current instrument and its approving history, and check whether the Member at any time was the Secretary, because the Secretary’s role affects which approvals were required.

Each of these "gotchas" is grounded in specific provisions of the Act. Operational and legal workstreams should therefore include a targeted review of relevant contracts, security interests, land records, delegation instruments and ministerial orders to align practice with the statutory mechanics.

Compliance with the Act has administrative and legal components. Below is a pragmatic checklist for counterparties, registrars, departmental officers, and advisers based on the Act’s mechanics and mandatory steps.

1. Identify the Member and the governance status. Check the Order in Council appointing the Member (s 12) and whether the Member is the Secretary. If the Member is not the Secretary, confirm the Secretary’s role under s 10(2) and which delegations require the Secretary’s approval under s 11(2)(d). Record the Member’s instrument and terms, including any acting appointments and remuneration details (s 12(1)-(4)).

2. For counterparties to former Corporation contracts: treat the Rural Assistance Commissioner as the substituted party from commencement (s 19(1)). Update contracting party records and communications to reflect the Commissioner as the counterparty. Where contracts require notices to the Corporation, send updated notices to the Commissioner and confirm receipt.

3. For borrowers, creditors and security holders: confirm that existing encumbrances remain in force (s 18(a)). Where security is registered, arrange for appropriate certificates or instruments to be presented to the Registrar of Titles so that the register can be amended under s 23. Retain documentary proof that transfers were effected pursuant to Part 3 to rely on the tax exemption (s 24).

4. For land registry matters: prepare to deliver the relevant certificate of title or instrument to the Registrar for amendment (s 23). Where easements are involved, be aware of s 22’s rule treating Commissioner-acquired rights in the nature of easements as easements for legal purposes and coordinate with land registry practice to secure appropriate entries.

5. For litigation and dispute resolution: where proceedings were pending against or by the Corporation, note that the Commissioner is substituted as party with the same rights (s 20). Update pleadings and filings to reflect substitution if the court requires, but rely on the statutory substitution to maintain continuity. Preserve and use the former Corporation’s books as business records under the Evidence Act (s 25(2)).

6. For contracts referencing the Treasurer in the two named agreements: note statutory substitution of the Minister for the Treasurer in those named instruments (s 26(1)). That substitution is automatic; confirm counterparties accept the Minister as the responsible public law interlocutor for those agreements.

7. For tax and conveyancing advisers: rely on s 24 for stamp duty or tax exemption for documents required by Part 3. Ensure instruments and transfers are clearly made for the purpose of, or connected with, the transfer under Part 3 to rely on the exemption. Document this purpose in the transfer instrument or an accompanying statutory declaration to avoid challenge.

8. For departmental delegations and operations: if delegations will be used under s 11, obtain the necessary approvals. Where delegations are to Department Heads of other Departments, secure approvals from the Minister, the responsible Minister for that Department, the other Department Head, and, if applicable, the Secretary (s 11(2)). Draft instruments to specify persons, classes or offices and include any required conditions or limits permitted by s 11(4).

9. For operational contracting and IP management: the Commissioner has explicit powers to acquire, exploit and encumber intellectual property and Crown copyright (s 9(2)(f)-(i)). When contracting for IP work, include warranties and representations on title and ensure any assignment or licensing documentation acknowledges the Commissioner’s capacity and the tax exemption where applicable.

10. For recordkeeping and evidentiary readiness: preserve the former Corporation’s books and entries, and maintain clear records linking transfers and substitutions to the statutory mechanics in Part 3 to rely on evidentiary and tax provisions (ss 25 and 24). Maintain a transaction log of instruments exchanged, Registrar updates, delegation instruments and ministerial directions.

11. For risk assessment and advice: advise clients that s 27 provides statutory protection against treating transfers as breaches or defaults. However, counsel clients to review specific contract clauses, consent requirements, and third‑party dependencies because s 27 is a statutory direction and may not absolve every contractual consequence absent express drafting or consents.

12. For use of the official seal: where documents display the Commissioner’s seal, courts must take judicial notice of that seal (s 5(2)). Maintain controls over the seal’s custody and authorised use as required by s 5(1)(a)-(b).

Practical documents and evidence to obtain and preserve:

• Order in Council appointing the Member (s 12).
• Instrument(s) of delegation under s 11 and records of approvals required by s 11(2).
• Certificate(s) of title and instruments delivered to the Registrar for amendment (s 23).
• Copies of the Business Sale Agreement and Non‑Commercial Activities Services Agreement referenced in s 26.
• Documentary proof of the purpose and connection of each transfer document to Part 3 to rely on s 24.
• The former Corporation’s books of account and entries for evidentiary use under s 25.

Following this checklist will align transactional, property, registry and litigation responses with the statutory mechanics. Where complex contractual arrangements or significant security interests are present, consider obtaining express written confirmations or consents from the Commissioner to avoid disputes about assignment, continuity of service, or interpretation of specific provisions not clearly addressed by Part 3.