35Special provision for special leases

#### 35 Special provision for special leases 35 Special provision for special leases > > (1) A special lease: > > > > > (a) is excluded from sale under this Act, and > > > > > (b) may not be transferred under this Act, and > > > > > (c) remains vested in FreightCorp. > > > (2) The Treasurer may, for an on behalf of FreightCorp, grant a sublease or sub-sublease of property that is the subject of a special lease to: > > > > > (a) FreightCorp’s purchaser, or > > > > > (b) a related body corporate of FreightCorp’s purchaser, or > > > > > (c) a person to whom FreightCorp’s purchaser transfers the whole or a substantial part of the assets, rights and liabilities transferred to FreightCorp’s purchaser under this Act. > > > (3) The Treasurer may determine the terms and conditions on which a sublease or sub-sublease is to be granted under this section. > > > (4) Duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) is not chargeable in respect of a sublease or sub-lease granted under this section. > > > (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: > > > > > (a) conditions under which the sublease or sub-sublease may be terminated, > > > > > (b) application of security, > > > > > (c) rent repayment and the retention of rent by the State, > > > > > (d) continuance of the sublease or sub-sublease, including the obligation to pay rent, despite unforeseen circumstances, > > > > > (e) amounts payable in the event of a breach of the sublease or sub-sublease, > > > > > (f) the liability of the sublessor or sub-sublessor. > > > (6) In this section, related body corporate has the same meaning as in the [Corporations Law](/view/html/inforce/current/sl-1999-0703).