6Transfer of liabilities from Comcare

6 Transfer of liabilities from Comcare

Liabilities may be transferred from Comcare (1) The Minister may, by written instrument, declare that a liability that ceased to be a liability of a Commonwealth authority and became a liability of Comcare under section 5 ceases to be a liability of Comcare and becomes a liability of: (a) the authority; or (b) an entity that is a successor in law of the authority. (2) If the Minister makes a written instrument under subsection (1) then, immediately after the instrument is made: (a) the liability ceases to be a liability of Comcare and becomes a liability of the authority or entity (as the case requires); and (b) the authority or entity becomes the successor in law in relation to the liability. Publication in Gazette (3) The Minister must publish a copy of an instrument made under subsection (1) in the Gazette. (4) A failure to comply with subsection (3) does not affect the validity of any declaration made under this section. Instruments not legislative instruments (5) An instrument made under subsection (1) is not a legislative instrument. Minister may not repeal, vary etc. instruments (6) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to this section.