18Transfer of contractual rights and obligations

18 Transfer of contractual rights and obligations

(1) This section applies to a contract (other than a contract of employment) to which the Commission is a party. (2) The Minister may, by writing, declare that the Commission’s rights and obligations under a specified contract: (a) cease to be rights and obligations of the Commission at a specified time; and (b) become rights and obligations of the nominated company at that time. (3) The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to the nominated company. (4) The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commission’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commission were a reference to the nominated company. (5) The Minister may, by writing, declare that the nominated company becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the nominated company. (6) A declaration under this section has effect accordingly. (7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration. (8) If a declaration under this section relates to any of the following contracts: (a) a contract under which contributions are made to the Medibank Private fund; (b) a contract under which a person agrees to supply goods or services to a contributor to the Medibank Private fund or to a dependant of such a contributor; (c) an applicable benefits arrangement (within the meaning of the National Health Act 1953); (d) a hospital purchaser‑provider agreement (within the meaning of the National Health Act 1953); (e) a medical purchaser‑provider agreement (within the meaning of the National Health Act 1953); the time specified under subsection (2) or (3) must be a time that occurs during the fund‑transfer day. (9) This section does not, by implication, limit section 17 or 19.

Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.

(10) In paragraph (8)(b):

goods has the same meaning as in the Competition and Consumer Act 2010.

person includes a partnership.

services has the same meaning as in the Competition and Consumer Act 2010.

supply has the same meaning as in the Competition and Consumer Act 2010.