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TOURISM AUSTRALIA (REPEAL AND TRANSITIONAL PROVISIONS) ACT 2004 - SECT 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.



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