Commonwealth Consolidated Acts

AUSTRALIAN HEARING SERVICES ACT 1991 - SECT 75

  (1)   Where, immediately before the commencement of this Act:

  (a)   a function of the Authority was being performed by the Department; and

  (b)   either:

  (i)   a right of the Commonwealth existed arising out of a debt, liability or obligation of any other person in favour of the Commonwealth; or

  (ii)   a debt, liability or obligation of the Commonwealth existed in favour of another person;

      in respect of a service or facility provided by the Department in the performance of that function;

the right, debt, liability or obligation, as the case may be, of the Commonwealth is transferred to the Authority to the extent determined in writing by the Minister.

  (2)   Where, immediately before the commencement of this section:

  (a)   proceedings by the Commonwealth were pending in a court; and

  (b)   the proceedings related to such a debt, liability or obligation;

then, to the extent that the proceedings so relate, they may be continued by the Authority and the Authority is to be substituted for the Commonwealth.