35Provisions relating to transfers of assets, rights and liabilities

35 Provisions relating to transfers of assets, rights and liabilities

35 Provisions relating to transfers of assets, rights and liabilities

(1) When any assets, rights or liabilities are transferred pursuant to this Proclamation from a former council to the new council, the following provisions have effect:

(a) the assets of the former council vest in the new council by virtue of this clause and without the need for any further conveyance, transfer, assignment or assurance,

(b) the rights or liabilities of the former council become, by virtue of this clause, the rights or liabilities of the new council,

(c) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the former council or a predecessor of the former council is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new council,

(d) the new council has all the entitlements and obligations of the former council in relation to those assets, rights and liabilities that the former council would have had but for the transfer, whether or not those entitlements and obligations were actual or potential at the time of the transfer.

Note—

Clause 6 translates references in any instrument to former councils or areas and their predecessors.

(2) The operation of this clause is not to be regarded:

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

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or

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

(3) The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities. The notice is conclusive evidence of that transfer.

(4) No attornment to the transferee by a lessee from the former council is required.