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Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984
sec.106Contracts, agreements, undertakings, other arrangements and instruments
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### sec.106 Contracts, agreements, undertakings, other arrangements and instruments
This section applies to a contract, agreement, undertaking or other arrangement to which the Treaty Institute was a party, or an instrument that applied to the Treaty Institute, immediately before the commencement.
The State is a party to the contract, agreement, undertaking or arrangement, or the instrument applies to the State, in place of the Treaty Institute.
Without limiting subsection (2)—
any right, title, interest or liability of the Treaty Institute arising under or relating to the contract, agreement, undertaking, arrangement or instrument is a right, title, interest or liability of the State; and
a current instrument, including a benefit or right provided by the contract, agreement, undertaking, arrangement or instrument, given to, by or in favour of the Treaty Institute before the commencement is taken to have been given to, by or in favour of the State; and
an application relating to the contract, agreement, undertaking, arrangement or instrument made in the name of the Treaty Institute before the commencement is taken to have been made in the name of the State; and
a current instrument under which an amount is, or may become, payable to or by the Treaty Institute is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the Treaty Institute; and
a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the Treaty Institute is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the Treaty Institute.
s 106 ins 2024 No. 53 s 26
(sec.106-ssec.1) This section applies to a contract, agreement, undertaking or other arrangement to which the Treaty Institute was a party, or an instrument that applied to the Treaty Institute, immediately before the commencement.
(sec.106-ssec.2) The State is a party to the contract, agreement, undertaking or arrangement, or the instrument applies to the State, in place of the Treaty Institute.
(sec.106-ssec.3) Without limiting subsection (2)— any right, title, interest or liability of the Treaty Institute arising under or relating to the contract, agreement, undertaking, arrangement or instrument is a right, title, interest or liability of the State; and a current instrument, including a benefit or right provided by the contract, agreement, undertaking, arrangement or instrument, given to, by or in favour of the Treaty Institute before the commencement is taken to have been given to, by or in favour of the State; and an application relating to the contract, agreement, undertaking, arrangement or instrument made in the name of the Treaty Institute before the commencement is taken to have been made in the name of the State; and a current instrument under which an amount is, or may become, payable to or by the Treaty Institute is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the Treaty Institute; and a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the Treaty Institute is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the Treaty Institute.
- (a) any right, title, interest or liability of the Treaty Institute arising under or relating to the contract, agreement, undertaking, arrangement or instrument is a right, title, interest or liability of the State; and
- (b) a current instrument, including a benefit or right provided by the contract, agreement, undertaking, arrangement or instrument, given to, by or in favour of the Treaty Institute before the commencement is taken to have been given to, by or in favour of the State; and
- (c) an application relating to the contract, agreement, undertaking, arrangement or instrument made in the name of the Treaty Institute before the commencement is taken to have been made in the name of the State; and
- (d) a current instrument under which an amount is, or may become, payable to or by the Treaty Institute is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the Treaty Institute; and
- (e) a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the Treaty Institute is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the Treaty Institute.