Document ID: chunk:federal_register_of_legislation:C2004A04677:schedule:4:p3
Version: federal_register_of_legislation:C2004A04677
Segment Type: schedule
Provision Reference: sch 4 (pt 3/31)
Character Range: 162941–165846

Regional Authority for the financial year beginning on 1 July 1994.

Subdivision B—Establishment of the Torres Strait Regional Authority

Interpretation

  84. In this Subdivision, unless the contrary intention appears:

"amended Act" means the Principal Act as amended by this Act;

"assets" means property of every kind, and, without limiting the generality of the foregoing, includes:

  (a) choses in action; and

  (b) rights, interests and claims of every kind in or to property:

        (i) whether arising under or because of an instrument or otherwise; and

        (ii) whether liquidated or unliquidated, certain or contingent, accrued or accruing;

"authorised officer" means:

  (a) the Minister; or

  (b) the TSRA General Manager; or

  (c) a person authorised under section 85;

"commencement" means the commencement of this Subdivision;

"Commission instrument" means an instrument:

  (a) to which the Commission was a party; or

  (b) that was given to or in favour of the Commission; or

  (c) in which a reference is made to the Commission; or

  (d) under which:

        (i) money is, or may become, payable to or by the Commission; or

        (ii) any other property is to be, or may become liable to be, transferred to or by the Commission;

if the instrument subsisted immediately before the commencement;

"liabilities" means liabilities of every kind, and, without limiting the generality of the foregoing, includes obligations of every kind:

  (a) whether arising under or because of an instrument or otherwise; and

     (b) whether liquidated or unliquidated, certain or contingent, accrued or accruing.

Authorised officer

85. The Minister may, by notice in the Gazette, authorise a member of the staff of the Commission to perform functions and exercise powers under this Subdivision.

Transfer of certain assets and liabilities of the Commission

86.(1) The Minister may, by notice in the Gazette, declare that a specified asset of the Commission that was used by the Commission before the commencement is to be transferred to the TSRA.

(2) If the Minister makes a declaration under subsection (1), the asset specified in the declaration becomes an asset of the TSRA.

(3) The Minister may, by notice in the Gazette, declare that a specified liability of the Commission incurred before the commencement in connection with the operation of the Commission is to become a liability of the TSRA.

(4) If the Minister makes a declaration under subsection (3), the liability specified in the declaration becomes a liability of the TSRA.

(5) Liabilities of the Commission that have become liabilities of the TSRA because of subsection (4) are, after the commencement, taken to be liabilities incurred by the TSRA in the performance of its functions and the exercise of its powers.

(6) The following provisions apply to assets and liabilities that have become assets and