sec.12Transfer notice

sec.12 Transfer notice

For the purpose of the project, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in an airport entity to another airport entity or the State; transfer a business, asset or liability of an airport entity to another airport entity or the State; make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ; grant a lease, easement or other right to an airport entity; vary or extinguish a lease, easement or other right held by an airport entity; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which an airport entity is the successor in law of another airport entity or the State is the successor in law of an airport entity; make provision for a legal proceeding that is being, or may be, taken by or against an airport entity to be continued or taken by or against another airport entity or the State; make provision about the application of instruments to an airport entity, including— whether an airport entity is a party to an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of an airport entity; and whether a reference to an entity in an instrument is a reference to an airport entity; and whether, under an instrument, an amount is or may become payable to or by an airport entity or other property is, or may be, transferred to or by an airport entity; and whether a right or entitlement under an instrument is held by an airport entity; provide that— an instrument is a shareholders deed of covenant; and a party to the BACH Shareholders Agreement or a holder of shares in BAC Holdings is a party to the instrument; make provision for the transfer or secondment of an employee of an airport entity to another airport entity; make provision about the employees of an airport entity and their rights; make provision about the records of an airport entity; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the project. A transfer notice may include conditions applying to something done or to be done under the notice. If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. The transfer of a liability of an airport entity under a transfer notice discharges the entity from the liability, except to the extent stated in the notice. A transfer notice has effect despite any other law or instrument. A transfer notice removing a trustee of a reserve under the Land Act 1994 has effect despite the requirements that would otherwise apply to the removal if it were done by the land Minister under section 51 (1) of that Act. A transfer notice has effect on the day it is published in the gazette or a later day stated in it. If a transfer notice makes provision for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument. In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee , of an airport entity, does not include a director of the entity. instrument includes an application or authority under an Act. land Minister means the Minister administering the Land Act 1994 . lease includes sublease. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. (sec.12-ssec.1) For the purpose of the project, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in an airport entity to another airport entity or the State; transfer a business, asset or liability of an airport entity to another airport entity or the State; make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ; grant a lease, easement or other right to an airport entity; vary or extinguish a lease, easement or other right held by an airport entity; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which an airport entity is the successor in law of another airport entity or the State is the successor in law of an airport entity; make provision for a legal proceeding that is being, or may be, taken by or against an airport entity to be continued or taken by or against another airport entity or the State; make provision about the application of instruments to an airport entity, including— whether an airport entity is a party to an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of an airport entity; and whether a reference to an entity in an instrument is a reference to an airport entity; and whether, under an instrument, an amount is or may become payable to or by an airport entity or other property is, or may be, transferred to or by an airport entity; and whether a right or entitlement under an instrument is held by an airport entity; provide that— an instrument is a shareholders deed of covenant; and a party to the BACH Shareholders Agreement or a holder of shares in BAC Holdings is a party to the instrument; make provision for the transfer or secondment of an employee of an airport entity to another airport entity; make provision about the employees of an airport entity and their rights; make provision about the records of an airport entity; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the project. (sec.12-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice. (sec.12-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. (sec.12-ssec.4) The transfer of a liability of an airport entity under a transfer notice discharges the entity from the liability, except to the extent stated in the notice. (sec.12-ssec.5) A transfer notice has effect despite any other law or instrument. A transfer notice removing a trustee of a reserve under the Land Act 1994 has effect despite the requirements that would otherwise apply to the removal if it were done by the land Minister under section 51 (1) of that Act. (sec.12-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it. (sec.12-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (j) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument. (sec.12-ssec.8) In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee , of an airport entity, does not include a director of the entity. instrument includes an application or authority under an Act. land Minister means the Minister administering the Land Act 1994 . lease includes sublease. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.