sec.12FTransfer notice

sec.12F Transfer notice

For the purpose of the transfer of pilotage services, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer an asset or a liability of the State to a port authority; make provision about the consideration for an asset or a liability transferred under paragraph (a) ; transfer a lease, easement or other right from the State to a port authority; vary or extinguish a lease, easement or other right held by the State; provide whether and, if so, the extent to which a port authority is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a port authority; make provision for or about the issue, transfer or application of an instrument to a port authority; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for transferring a pilotage service. 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 the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice. 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) (g) 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. In this section— port authority includes Gladstone ports entity. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. s 12F ins 2013 No. 40 s 9 (sec.12F-ssec.1) For the purpose of the transfer of pilotage services, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer an asset or a liability of the State to a port authority; make provision about the consideration for an asset or a liability transferred under paragraph (a) ; transfer a lease, easement or other right from the State to a port authority; vary or extinguish a lease, easement or other right held by the State; provide whether and, if so, the extent to which a port authority is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against a port authority; make provision for or about the issue, transfer or application of an instrument to a port authority; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for transferring a pilotage service. (sec.12F-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice. (sec.12F-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.12F-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice. (sec.12F-ssec.5) A transfer notice has effect on the day it is published in the gazette or a later day stated in it. (sec.12F-ssec.6) If a transfer notice makes provision for a matter under subsection (1) (g) 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.12F-ssec.7) In this section— port authority includes Gladstone ports entity. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.