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ASBESTOS-RELATED CLAIMS (MANAGEMENT OF COMMONWEALTH LIABILITIES) ACT 2005 - SECT 6

Transfer of liabilities from Comcare

Liabilities may be transferred from Comcare

  (1)   The Minister may, by written instrument, declare that a liability that ceased to be a liability of a Commonwealth authority and became a liability of Comcare under section   5 ceases to be a liability of Comcare and becomes a liability of:

  (a)   the authority; or

  (b)   an entity that is a successor in law of the authority.

  (2)   If the Minister makes a written instrument under subsection   ( 1) then, immediately after the instrument is made:

  (a)   the liability ceases to be a liability of Comcare and becomes a liability of the authority or entity (as the case requires); and

  (b)   the authority or entity becomes the successor in law in relation to the liability.

Publication in Gazette

  (3)   The Minister must publish a copy of an instrument made under subsection   ( 1) in the Gazette .

  (4)   A failure to comply with subsection   ( 3) does not affect the validity of any declaration made under this section.

Instruments not legislative instruments

  (5)   An instrument made under subsection   ( 1) is not a legislative instrument.

Minister may not repeal, vary etc. instruments

  (6)   Subsection   33(3) of the Acts Interpretation Act 1901 does not apply in relation to this section.



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