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JUDICIARY AMENDMENT ACT 1999 - SCHEDULE 2--Transitional

provisions

1 Definitions

In this Schedule:

AGS means the Australian Government Solicitor established under the Judiciary Act 1903 .

commencement time means the time when this Schedule commences.

former AGS means the Australian Government Solicitor established under the Judiciary Act 1903 as in force immediately before the commencement of Schedule 1.

2 AGS successor in law

(1) The AGS is the successor in law of the former AGS.

(2) Without limiting subitem (1), if:

the AGS is taken to be substituted for the former AGS, for all purposes, in relation to the matter and all references to the former AGS in relation to the matter are taken to be references to the AGS.

3 Business of former AGS

At the commencement time, the business of the former AGS becomes the business of the AGS.

4 Existing conditions of staff

An officer or employee within the meaning of the Public Service Act 1922 transferred to the AGS under section 81C of that Act is to be employed on terms and conditions no less favourable than applied to the officer or employee immediately prior to his or her transfer.

5 Attorney-General may transfer Commonwealth assets to new AGS

(1) The Attorney-General may, by writing, make any or all of the following declarations:

(2) A declaration has effect accordingly.

(3) Subitem (1) does not prevent the Commonwealth from transferring an asset to the AGS otherwise than under that subitem.

6 Attorney-General may transfer Commonwealth liabilities to new AGS

(1) The Attorney-General may, by writing, make any or all of the following declarations:

(2) A declaration has effect accordingly.

(3) Subitem (1) does not prevent the Commonwealth from transferring a liability to the AGS otherwise than under that subitem.

7 Transfer of records

(1) The Secretary to the Attorney-General's Department may transfer to the AGS records of the Commonwealth that relate to the functions of the AGS.

(2) In this item:

record has the same meaning as in the Archives Act 1983 .

8 Regulations

(1) The Governor-General may make regulations prescribing matters:

(2) Without limiting subitem (1), regulations may be made in relation to transitional matters arising out of the abolition of the former AGS or otherwise arising out of the enactment of this Act.



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