43Protection against breach of contractual and other obligations

43 Protection against breach of contractual and other obligations

43 Protection against breach of contractual and other obligations

(1) The following matters and things are protected by this section—

(a) the operation of this Act (including any regulation or order under this Act),

(b) the transfer of titling and registry assets for the purposes of the authorised transaction,

(c) the entering into or performance of obligations under a transaction, agreement or other arrangement for the purposes of the authorised transaction,

(d) a disclosure of information by, on behalf of or with the consent of a public sector agency for the purposes of the authorised transaction,

(e) anything else done or omitted to be done under or for the purposes of this Act or the authorised transaction.

(2) None of the matters or things protected by this section are to be regarded as—

(a) a breach of contract or confidence or otherwise as a civil wrong, or

(b) a breach of any instrument (including, without limitation, any provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities) or as requiring any act to be done under an instrument, or

(c) giving rise to any right or remedy by a party to a contract or other instrument, or as causing or permitting the termination of, or exercise of rights under, any contract or other instrument, or

(d) an event of default under any contract or other instrument, or

(e) giving rise to a breach of or an offence against a provision of an Act that prohibits or restricts the disclosure of information, or

(f) releasing a surety or other obligee wholly or in part from an obligation.

(3) This section does not affect rights and obligations that arise under a transaction, agreement or other arrangement entered into for the purposes of the authorised transaction.

(4) In this section, instrument means an instrument (other than an instrument made under this Act) or any other document that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order, process or other instrument issued by a court or tribunal.