Document ID: chunk:federal_register_of_legislation:C2004A00638:clause:1_20e
Version: federal_register_of_legislation:C2004A00638
Segment Type: clause
Provision Reference: sch 1 cl 20E
Character Range: 17029–19596

20E  Transfer of contractual rights and obligations to Corporation

 (1) It is the intention of the Parliament that a law of New South Wales or Victoria may:
 (a) transfer the relevant State body's rights and obligations under a contract 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 a relevant State body's rights and obligations under the contract:
 (a) cease to be rights and obligations of the relevant State body at a particular time; and
 (b) become rights and obligations 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 relevant State body's rights and obligations under the contract from the relevant State body to the Corporation unless the Minister, by notice in the Gazette, consents to the transfer of:
 (a) rights and obligations under the contract; or
 (b) rights and obligations under a class of contracts in which the contract is included.

Matters incidental to transfer

 (4) The following are examples of matters incidental to the transfer of a relevant State body's rights and obligations under a contract from the relevant State body to the Corporation:
 (a) that the contract continues to have effect, after the relevant State body's rights and obligations under the contract become rights and obligations of the Corporation, as if a reference in the contract to the relevant State body were a reference to the Corporation;
 (b) that an instrument relating to the contract continues to have effect, after the relevant State body's rights and obligations under the contract become rights and obligations of the Corporation, as if a reference in the instrument to the relevant State body were a reference to the Corporation;
 (c) that the Corporation becomes the relevant State body's successor in law, in relation to the relevant State body's rights and obligations under the contract, immediately after the relevant State body's rights and obligations under the contract become rights and obligations of the Corporation;
 (d) 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 those rights or obligations;
  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 those rights or obligations.