Document ID: chunk:federal_register_of_legislation:C2006C00085:section:39
Version: federal_register_of_legislation:C2006C00085
Segment Type: section
Provision Reference: s 39
Character Range: 35743–37484

39  Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia

 (1) The Minister may, in writing, declare that the Commonwealth's rights and liabilities under a specified tourism trade mark contract:
 (a) cease to be rights and liabilities of the Commonwealth on the proclamation day; and
 (b) become rights and liabilities of Tourism Australia on that day.

 (2) The Minister may, in writing, declare that a specified tourism trade mark contract continues to have effect on and after the proclamation day as if a reference in the contract to the Commonwealth were a reference to Tourism Australia.

 (3) The Minister may, in writing, declare that a specified instrument relating to a specified tourism trade mark contract continues to have effect, after the Commonwealth's rights and liabilities under the contract become rights and liabilities of Tourism Australia, as if a reference in the instrument to the Commonwealth were a reference to Tourism Australia.

 (4) The Minister may, in writing, declare that Tourism Australia becomes the Commonwealth's successor in law, in relation to the Commonwealth's rights and liabilities under a specified tourism trade mark contract, when the Commonwealth's rights and liabilities under the contract become rights and liabilities of Tourism Australia.

 (5) A declaration under this section has effect accordingly.

 (6) This section does not, by implication, limit section 37 or 38.

Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.

 (7) In this section:

         tourism trade mark contract means a contract:
 (a) to which the Commonwealth is a party; and
 (b) that relates to a tourism trade mark.