Document ID: chunk:federal_register_of_legislation:C2004A00638:clause:1_20f
Version: federal_register_of_legislation:C2004A00638
Segment Type: clause
Provision Reference: sch 1 cl 20F
Character Range: 19596–21370

20F  Transfer of liabilities to Corporation

 (1) It is the intention of the Parliament that a law of New South Wales or Victoria may:
 (a) transfer a liability from the relevant State body to the Corporation; and
 (b) provide for matters incidental to the transfer.

 (2) Such a transfer may be by way of a provision under which the liability:
 (a) ceases to be a liability of the relevant State body at a particular time; and
 (b) becomes a liability of the Corporation at that time.

Minister must consent to transfer

 (3) However, a law of New South Wales or Victoria is not effective to transfer the liability from the relevant State body to the Corporation unless the Minister, by notice in the Gazette, consents to the transfer of:
 (a) the liability; or
 (b) a class of liabilities in which the liability is included.

Matters incidental to transfer

 (4) The following are examples of matters incidental to the transfer of a liability from the relevant State body to the Corporation:
 (a) that an instrument relating to the liability continues to have effect after the liability becomes a liability of the Corporation as if a reference in the instrument to the relevant State body were a reference to the Corporation;
 (b) that the Corporation becomes the relevant State body's successor in law in relation to the liability immediately after the liability becomes a liability of the Corporation;
 (c) if any proceedings to which the relevant State body was a party:
 (i) were pending in any court or tribunal immediately before the transfer; and
 (ii) related, in whole or in part, to the liability;
  that the Corporation is substituted for the relevant State body as a party to the proceedings to the extent to which the proceedings relate to the liability.