QLDIn ForceAct
Local Government Act 2009
sec.296Contractual rights etc. are unaffected
Start here
Get a plain-English read of sec.296
Turn the raw legal text into a practical explanation grounded in Local Government Act 2009.
### sec.296 Contractual rights etc. are unaffected
Without limiting section 295 and to remove any doubt, it is declared that the continuation of a local government under that section—
does not place the local government in breach of contract or otherwise make it guilty of a civil wrong; and
does not make the local government in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and
is not taken to fulfil a condition—
allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or
requiring any amount to be paid before its stated maturity; and
does not release a surety or other obligee, in whole or part, from an obligation; and
does not negate any decision made by the local government.
s 296 ins 2012 No. 33 s 175
- (a) does not place the local government in breach of contract or otherwise make it guilty of a civil wrong; and
- (b) does not make the local government in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and
- (c) is not taken to fulfil a condition— (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or (ii) requiring any amount to be paid before its stated maturity; and
- (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or
- (ii) requiring any amount to be paid before its stated maturity; and
- (d) does not release a surety or other obligee, in whole or part, from an obligation; and
- (e) does not negate any decision made by the local government.
- (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or
- (ii) requiring any amount to be paid before its stated maturity; and