sec.307Transfer notice

### sec.307 Transfer notice This section applies to something that— was a function of, or done by, the chief executive or the State before the commencement; and becomes a function of a Service on or after the commencement. The Minister may, to facilitate the transfer of a function mentioned in subsection (1), do any of the following by gazette notice (a transfer notice )— transfer an asset or liability from the State to a Service; transfer a lease, licence or other right from the State to a Service; grant a lease, licence or other right from the State to a Service; vary or extinguish a lease, easement or other right held by the State; 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 a Service is the successor in law of the State; make provision for a legal or other proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a Service; make provision for or about the issue, transfer or application of a contract, agreement or other instrument to the State or a Service, including— whether the State or a Service holds, or 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 the State or a Service; and whether a reference to an entity in an instrument is a reference to the State or a Service; and whether a right or entitlement under an instrument is held by the State or a Service; and whether, under an instrument, an amount is, or may become, payable to or by the State or a Service or other property is, or may be, transferred to or by the State or a Service; transfer a business or shares from the State to a Service; make provision about the consideration for shares or a business, asset or liability transferred under this subsection; make provision about an incidental, consequential or supplemental matter the Minister considers necessary to allow or facilitate the transfer of functions to Services. A transfer notice may amend an earlier transfer notice, or a further transfer notice may be made, to correct an error in an earlier transfer notice. Nothing prevents an amending or further transfer notice from transferring something mentioned in subsection (2) from a Service to the State. 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 the State under a transfer notice discharges the State 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— has effect on the day it is published in the gazette or another day stated in the notice; and may have retrospective operation to a day not earlier than the day this section commences. If a transfer notice makes provision for a matter under subsection (2)(i) 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, issuing or transferring an instrument. No government duties, fees or charges are payable for anything done under a transfer notice under this section. A transfer notice must not be made under this section after 30 June 2013. In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. instrument includes an application or authority under an Act. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. s 307 amd 2012 No. 9 ss 45 , 54 sch (sec.307-ssec.1) This section applies to something that— was a function of, or done by, the chief executive or the State before the commencement; and becomes a function of a Service on or after the commencement. (sec.307-ssec.2) The Minister may, to facilitate the transfer of a function mentioned in subsection (1), do any of the following by gazette notice (a transfer notice )— transfer an asset or liability from the State to a Service; transfer a lease, licence or other right from the State to a Service; grant a lease, licence or other right from the State to a Service; vary or extinguish a lease, easement or other right held by the State; 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 a Service is the successor in law of the State; make provision for a legal or other proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a Service; make provision for or about the issue, transfer or application of a contract, agreement or other instrument to the State or a Service, including— whether the State or a Service holds, or 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 the State or a Service; and whether a reference to an entity in an instrument is a reference to the State or a Service; and whether a right or entitlement under an instrument is held by the State or a Service; and whether, under an instrument, an amount is, or may become, payable to or by the State or a Service or other property is, or may be, transferred to or by the State or a Service; transfer a business or shares from the State to a Service; make provision about the consideration for shares or a business, asset or liability transferred under this subsection; make provision about an incidental, consequential or supplemental matter the Minister considers necessary to allow or facilitate the transfer of functions to Services. (sec.307-ssec.2A) A transfer notice may amend an earlier transfer notice, or a further transfer notice may be made, to correct an error in an earlier transfer notice. (sec.307-ssec.2B) Nothing prevents an amending or further transfer notice from transferring something mentioned in subsection (2) from a Service to the State. (sec.307-ssec.3) A transfer notice may include conditions applying to something done or to be done under the notice. (sec.307-ssec.4) 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.307-ssec.5) The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice. (sec.307-ssec.6) A transfer notice has effect despite any other law or instrument. (sec.307-ssec.7) A transfer notice— has effect on the day it is published in the gazette or another day stated in the notice; and may have retrospective operation to a day not earlier than the day this section commences. (sec.307-ssec.8) If a transfer notice makes provision for a matter under subsection (2)(i) 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, issuing or transferring an instrument. (sec.307-ssec.9) No government duties, fees or charges are payable for anything done under a transfer notice under this section. (sec.307-ssec.10) A transfer notice must not be made under this section after 30 June 2013. (sec.307-ssec.11) In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. instrument includes an application or authority under an Act. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. - (a) was a function of, or done by, the chief executive or the State before the commencement; and - (b) becomes a function of a Service on or after the commencement. - (a) transfer an asset or liability from the State to a Service; - (b) transfer a lease, licence or other right from the State to a Service; - (c) grant a lease, licence or other right from the State to a Service; - (d) vary or extinguish a lease, easement or other right held by the State; - (e) in relation to a lease held under the Land Act 1994 — (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease; - (i) transfer the lease; or - (ii) change a purpose for which the lease is issued; or - (iii) change a condition imposed on the lease; or - (iv) grant a sublease; - (f) in relation to a reserve under the Land Act 1994 — (i) change a community purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions; - (i) change a community purpose for which the reserve is dedicated; or - (ii) remove a trustee of the reserve; or - (iii) appoint a trustee of the reserve, subject to conditions or without conditions; - (g) provide whether and, if so, the extent to which a Service is the successor in law of the State; - (h) make provision for a legal or other proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a Service; - (i) make provision for or about the issue, transfer or application of a contract, agreement or other instrument to the State or a Service, including— (i) whether the State or a Service holds, or is a party to, an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the State or a Service; and (iii) whether a reference to an entity in an instrument is a reference to the State or a Service; and (iv) whether a right or entitlement under an instrument is held by the State or a Service; and (v) whether, under an instrument, an amount is, or may become, payable to or by the State or a Service or other property is, or may be, transferred to or by the State or a Service; - (i) whether the State or a Service holds, or is a party to, an instrument; and - (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the State or a Service; and - (iii) whether a reference to an entity in an instrument is a reference to the State or a Service; and - (iv) whether a right or entitlement under an instrument is held by the State or a Service; and - (v) whether, under an instrument, an amount is, or may become, payable to or by the State or a Service or other property is, or may be, transferred to or by the State or a Service; - (j) transfer a business or shares from the State to a Service; - (k) make provision about the consideration for shares or a business, asset or liability transferred under this subsection; - (l) make provision about an incidental, consequential or supplemental matter the Minister considers necessary to allow or facilitate the transfer of functions to Services. - (i) transfer the lease; or - (ii) change a purpose for which the lease is issued; or - (iii) change a condition imposed on the lease; or - (iv) grant a sublease; - (i) change a community purpose for which the reserve is dedicated; or - (ii) remove a trustee of the reserve; or - (iii) appoint a trustee of the reserve, subject to conditions or without conditions; - (i) whether the State or a Service holds, or is a party to, an instrument; and - (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the State or a Service; and - (iii) whether a reference to an entity in an instrument is a reference to the State or a Service; and - (iv) whether a right or entitlement under an instrument is held by the State or a Service; and - (v) whether, under an instrument, an amount is, or may become, payable to or by the State or a Service or other property is, or may be, transferred to or by the State or a Service; - (a) signed by the Minister; and - (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. - (a) has effect on the day it is published in the gazette or another day stated in the notice; and - (b) may have retrospective operation to a day not earlier than the day this section commences. - (a) updating a register or other record; and - (b) amending, cancelling, issuing or transferring an instrument.