Commonwealth Consolidated Acts

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AIRPORTS (TRANSITIONAL) ACT 1996 - SECT 31

Transfer of contractual rights and obligations

  (1)   This section applies to a contract (other than a contract of employment) to which the FAC is a party.

  (2)   The Finance Minister may, by written instrument, declare that, in the event that a specified company is granted an airport lease for a specified airport under section   21 or 22 on a specified day, the FAC's rights and obligations under a specified contract:

  (a)   cease to be rights and obligations of the FAC immediately after the grant; and

  (b)   become rights and obligations of the company immediately after the grant.

  (3)   The Finance Minister may, by written instrument, declare that, in the event that a specified company is granted an airport lease for a specified airport under section   21 or 22 on a specified day, a specified contract continues to have effect after the grant as if a reference in the contract to the FAC or to the Commonwealth were a reference to the company.

  (4)   The Finance Minister may, by written instrument, declare that, in the event that a specified company is granted an airport lease for a specified airport under section   21 or 22 on a specified day, a specified instrument relating to a specified contract continues to have effect, after the FAC's rights and obligations under the contract become rights and obligations of the company, as if a reference in the instrument to the FAC or to the Commonwealth were a reference to the company.

  (5)   The Finance Minister may, by written instrument, declare that, in the event that a specified company is granted an airport lease for a specified airport under section   21 or 22 on a specified day, the company becomes the FAC's successor in law, in relation to the FAC's rights and obligations under a specified contract, immediately after the FAC's rights and obligations under the contract become rights and obligations of the company.

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

  (7)   This section does not, by implication, limit section   30.

  (8)   Any consideration payable for a transfer under this section is payable to the Commonwealth instead of to the FAC.

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

 



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