NSWIn ForceAct
Freight Rail Corporation (Sale) Act 2001
14Special leases
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#### 14 Special leases
14 Special leases
> > (1) A special lease:
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> > > (a) is excluded from sale under this Act, and
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> > > (b) may not be transferred under this Act, and
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> > > (c) remains vested in FreightCorp.
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> > (2) The Treasurer may, for and on behalf of FreightCorp, grant a sublease or sub-sublease of property that is the subject of a special lease to:
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> > > (a) FreightCorp’s purchaser, or
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> > > (b) a related body corporate of FreightCorp’s purchaser, or
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> > > (c) any person at the direction of a person who has a contractual right to require FreightCorp (as converted to a corporation sole under section 15) to grant a new sublease or sub-sublease of property that is the subject of a special lease.
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> > (3) The Treasurer may determine the terms and conditions on which a sublease or sub-sublease is to be granted under this section.
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> > (4) Duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) is not chargeable in respect of a sublease or sub-sublease granted under this section.
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> > (5) A term of a sublease or sub-sublease of property that is the subject of a special lease, being a term with respect to any of the following matters, has effect despite any law or rule to the contrary:
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> > > (a) conditions under which the sublease or sub-sublease may be terminated,
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> > > (b) application of security,
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> > > (c) rent repayment and the retention of rent by the State,
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> > > (d) continuance of the sublease or sub-sublease, including the obligation to pay rent, despite unforeseen circumstances,
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> > > (e) amounts payable in the event of a breach of the sublease or sub-sublease,
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> > > (f) the liability of the sublessor or sub-sublessor.
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> > (6) In this section, related body corporate has the same meaning as in the [Corporations Law](/view/html/inforce/current/sl-1999-0703).
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> **s 14:** Am 2002 No 53, Sch 1.10 \[1\].