sec.9Transfer notice

### sec.9 Transfer notice For the purpose of a declared project, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in a declared entity to another declared entity or the State; transfer a business, asset or liability— of a declared entity to another declared entity or the State; or of the State to a declared entity; make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ; grant a lease, easement or other right from a declared entity or the State to a declared entity or the State; vary or extinguish a lease, easement or other right held by a declared entity or 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 declared entity is the successor in law of another declared entity or the State; or the State is the successor in law of a declared entity; make provision for a legal proceeding that is being, or may be, taken by or against a declared entity or the State to be continued or taken by or against another declared entity or the State; make provision for or about the issue, transfer or application of an instrument to a declared entity or the State, including— whether a declared entity or the State 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 a declared entity or the State; and whether a reference to an entity in an instrument is a reference to a declared entity or the State; and whether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and whether a right or entitlement under an instrument is held by a declared entity or the State; make provision for the transfer or secondment of an employee— of a declared entity to another declared entity or the State; or of the State to a declared entity; make provision about the employees of a declared entity or the State and their rights; make provision about the records of a declared entity or the State; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the declared project. 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 a declared entity or the State under a transfer notice discharges the entity or the State from the liability, except to the extent stated in the notice. Subject to subsection (7A) , 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 a later day stated in it. If a transfer notice makes provision for a matter under subsection (1) (j) 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 or issuing an instrument. A transfer notice does not affect a condition stated in a report of the Coordinator-General, or otherwise imposed or required by the Coordinator-General, under the State Development and Public Works Organisation Act 1971 . In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee , of a declared entity, does not include a director of the entity. 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 9 amd 2010 No. 11 s 83 (sec.9-ssec.1) For the purpose of a declared project, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in a declared entity to another declared entity or the State; transfer a business, asset or liability— of a declared entity to another declared entity or the State; or of the State to a declared entity; make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ; grant a lease, easement or other right from a declared entity or the State to a declared entity or the State; vary or extinguish a lease, easement or other right held by a declared entity or 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 declared entity is the successor in law of another declared entity or the State; or the State is the successor in law of a declared entity; make provision for a legal proceeding that is being, or may be, taken by or against a declared entity or the State to be continued or taken by or against another declared entity or the State; make provision for or about the issue, transfer or application of an instrument to a declared entity or the State, including— whether a declared entity or the State 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 a declared entity or the State; and whether a reference to an entity in an instrument is a reference to a declared entity or the State; and whether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and whether a right or entitlement under an instrument is held by a declared entity or the State; make provision for the transfer or secondment of an employee— of a declared entity to another declared entity or the State; or of the State to a declared entity; make provision about the employees of a declared entity or the State and their rights; make provision about the records of a declared entity or the State; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the declared project. (sec.9-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice. (sec.9-ssec.3) 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.9-ssec.4) The transfer of a liability of a declared entity or the State under a transfer notice discharges the entity or the State from the liability, except to the extent stated in the notice. (sec.9-ssec.5) Subject to subsection (7A) , a transfer notice has effect despite any other law or instrument. (sec.9-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it. (sec.9-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (j) 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 or issuing an instrument. (sec.9-ssec.7A) A transfer notice does not affect a condition stated in a report of the Coordinator-General, or otherwise imposed or required by the Coordinator-General, under the State Development and Public Works Organisation Act 1971 . (sec.9-ssec.8) In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. employee , of a declared entity, does not include a director of the entity. 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) transfer shares in a declared entity to another declared entity or the State; - (b) transfer a business, asset or liability— (i) of a declared entity to another declared entity or the State; or (ii) of the State to a declared entity; - (i) of a declared entity to another declared entity or the State; or - (ii) of the State to a declared entity; - (c) make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b) ; - (d) grant a lease, easement or other right from a declared entity or the State to a declared entity or the State; - (e) vary or extinguish a lease, easement or other right held by a declared entity or the State; - (f) 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; - (g) 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; - (h) provide whether and, if so, the extent to which— (i) a declared entity is the successor in law of another declared entity or the State; or (ii) the State is the successor in law of a declared entity; - (i) a declared entity is the successor in law of another declared entity or the State; or - (ii) the State is the successor in law of a declared entity; - (i) make provision for a legal proceeding that is being, or may be, taken by or against a declared entity or the State to be continued or taken by or against another declared entity or the State; - (j) make provision for or about the issue, transfer or application of an instrument to a declared entity or the State, including— (i) whether a declared entity or the State 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 a declared entity or the State; and (iii) whether a reference to an entity in an instrument is a reference to a declared entity or the State; and (iv) whether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and (v) whether a right or entitlement under an instrument is held by a declared entity or the State; - (i) whether a declared entity or the State 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 a declared entity or the State; and - (iii) whether a reference to an entity in an instrument is a reference to a declared entity or the State; and - (iv) whether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and - (v) whether a right or entitlement under an instrument is held by a declared entity or the State; - (k) make provision for the transfer or secondment of an employee— (i) of a declared entity to another declared entity or the State; or (ii) of the State to a declared entity; - (i) of a declared entity to another declared entity or the State; or - (ii) of the State to a declared entity; - (l) make provision about the employees of a declared entity or the State and their rights; - (m) make provision about the records of a declared entity or the State; - (n) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the declared project. - (i) of a declared entity to another declared entity or the State; or - (ii) of the State to a declared entity; - (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) a declared entity is the successor in law of another declared entity or the State; or - (ii) the State is the successor in law of a declared entity; - (i) whether a declared entity or the State 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 a declared entity or the State; and - (iii) whether a reference to an entity in an instrument is a reference to a declared entity or the State; and - (iv) whether, under an instrument, an amount is or may become payable to or by a declared entity or the State or other property is, or may be, transferred to or by a declared entity or the State; and - (v) whether a right or entitlement under an instrument is held by a declared entity or the State; - (i) of a declared entity to another declared entity or the State; or - (ii) of the State to a declared entity; - (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) updating a register or other record; and - (b) amending, cancelling or issuing an instrument.