Commonwealth Consolidated Acts

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HEARING SERVICES AND AGHS REFORM ACT 1997 - SECT 12

Transfer of liabilities

  (1)   This section applies to a liability of the Commonwealth that related or relates to the AGHS.

  (2)   The Minister may, by writing, make any or all of the following declarations:

  (a)   a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the nominated company at a specified time;

  (b)   a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;

  (c)   a declaration that the nominated company becomes the Commonwealth's successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.

  (3)   A declaration under subsection   ( 2) has effect accordingly.

  (4)   A copy of a declaration under subsection   ( 2) is to be published in the Gazette within 14 days after the making of the declaration.

  (5)   A time specified under paragraph   ( 2)(a) must be a time when the nominated company is Commonwealth - owned.

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



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