sec.12MApplication of instruments

sec.12M Application of instruments

This section applies if a transfer notice or section 12I or 12J provides for an instrument that applied to the State to apply to a port authority in place of the State. Without limiting the application of the transfer notice or the section to the instrument— any right, title, interest or liability of the State arising under or relating to the instrument is taken to be transferred from the State to the port authority; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of the port authority; and the port authority is taken to be a party to the instrument in place of the State; and a reference in the instrument to the State is, to the extent possible and if the context permits, taken to be a reference to the port authority; and if an application was made for the instrument in the name of the State, the application is taken to have been made in the name of the port authority; and if the instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by the port authority, in the way the amount was or might have been payable to or by the State; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the port authority, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State. In this section— port authority includes Gladstone ports entity. s 12M ins 2013 No. 40 s 9 (sec.12M-ssec.1) This section applies if a transfer notice or section 12I or 12J provides for an instrument that applied to the State to apply to a port authority in place of the State. (sec.12M-ssec.2) Without limiting the application of the transfer notice or the section to the instrument— any right, title, interest or liability of the State arising under or relating to the instrument is taken to be transferred from the State to the port authority; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the State, the instrument is taken to have been given to, by or in favour of the port authority; and the port authority is taken to be a party to the instrument in place of the State; and a reference in the instrument to the State is, to the extent possible and if the context permits, taken to be a reference to the port authority; and if an application was made for the instrument in the name of the State, the application is taken to have been made in the name of the port authority; and if the instrument is an instrument under which an amount is or may become payable to or by the State, the instrument is taken to be an instrument under which the amount is or may become payable to or by the port authority, in the way the amount was or might have been payable to or by the State; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the State, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the port authority, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the State. (sec.12M-ssec.3) In this section— port authority includes Gladstone ports entity.