QLDIn ForceAct
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984
sec.112Effect on legal relationships
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### sec.112 Effect on legal relationships
Anything done under this part—
does not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and
does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and
does not fulfil a condition that—
terminates, or allows a person to terminate, an instrument or obligation; or
modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
allows a person to avoid or enforce an obligation or liability contained in an instrument; or
requires a person to perform an obligation contained in an instrument; or
requires any money to be paid before its stated maturity; and
does not release a surety or other obligee, wholly or partly, from an obligation.
If, apart from this section, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
If giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.
A reference in this section to the State includes a reference to an employee or agent of the State.
s 112 ins 2024 No. 53 s 26
(sec.112-ssec.1) Anything done under this part— does not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and does not fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument; or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; and does not release a surety or other obligee, wholly or partly, from an obligation.
(sec.112-ssec.2) If, apart from this section, the advice, consent or approval of a person would be necessary to do something under this part, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
(sec.112-ssec.3) If giving notice to a person would be necessary to do something under this part, the notice is taken to have been given.
(sec.112-ssec.4) A reference in this section to the State includes a reference to an employee or agent of the State.
- (a) does not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and
- (b) does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and
- (c) does not fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or (iv) requires a person to perform an obligation contained in an instrument; or (v) requires any money to be paid before its stated maturity; and
- (i) terminates, or allows a person to terminate, an instrument or obligation; or
- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or
- (iv) requires a person to perform an obligation contained in an instrument; or
- (v) requires any money to be paid before its stated maturity; and
- (d) does not release a surety or other obligee, wholly or partly, from an obligation.
- (i) terminates, or allows a person to terminate, an instrument or obligation; or
- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or
- (iv) requires a person to perform an obligation contained in an instrument; or
- (v) requires any money to be paid before its stated maturity; and