12Minister may substitute Company as party to Commonwealth rail freight agreements

12 Minister may substitute Company as party to Commonwealth rail freight agreements

(1) The Minister may direct in writing that the Company is substituted for a specified eligible party as a party to specified Commonwealth rail freight agreements. (2) A direction may only be made with the Company’s written approval. (3) Where a direction comes into operation, the following provisions apply, except as provided in the direction: (a) because of this section, the Company is substituted for the specified eligible party as a party to the specified agreements; (b) the eligible party’s rights and liabilities under, and in relation to, the agreements become rights and liabilities of the Company because of this section; (c) all proceedings by or against the eligible party that relate to the agreements and are pending immediately before the direction comes into operation are taken to be proceedings pending by or against the Company; (d) anything done, or not done, under or in relation to the agreements, before the direction comes into operation, by, to or in relation to the eligible party is (so far as it has any effect) taken to have been done, or not done, by, to or in relation to the Company, as the case may be. (4) This section does not limit the use of any other method to substitute the Company for another person as a party to an agreement. (5) Nothing in this section limits, or is limited by, anything in section 9.