35Removing doubt relating to transfer

35 Removing doubt relating to transfer

(1)  In this section –

contract means a contract, agreement, arrangement, undertaking or part of a contract, agreement, arrangement or undertaking, but does not include a contract of employment;

contract of employment includes –

(a) a secondment arrangement; and

(b) an appointment as a director of the Commission or TIS Corporation; and

(c) an appointment referred to in clause 5 of Schedule 1 ; and

(d) a contract referred to in clause 6 of Schedule 1 .

(2)  If there is any doubt –

(a) as to whether any asset, liability or contract, or any part of any asset, liability or contract, is vested in or transferred to the Company or the Crown under section 29 or 30 ; or

(b) as to whether any contract or other document relates to any asset, liability or contract that is transferred to the Company or the Crown under section 29 or 30  –

the Minister is to determine the matter.

(3)  On determining a matter, the Minister is to provide written notice of that determination to each of the following persons:

(a) the transferor;

(b) the transfer recipient;

(c) a person who brought the matter to the Minister for determination;

(d) a party to a contract if the Minister considers it appropriate.

(4)  The determination of the Minister under subsection (2) is final and binding.