29Transfer of assets and assumption of liabilities by the Commissions

#### 29 Transfer of assets and assumption of liabilities by the Commissions (1) On, or as soon as practicable after, the commencing day: (a) the Minister shall transfer or cause to be transferred to the Australian Postal Commission such of the assets owned by Australia and held or used in connexion with, or arising from, the undertakings of the Postmaster‑General’s Department or the Postal and Telecommunications Department as are, in the opinion of the Minister, appropriate to be used by that Commission in connexion with the performance of its functions; (b) the Minister shall transfer or cause to be transferred to the Australian Telecommunications Commission such of the assets owned by Australia and held or used in connexion with, or arising from, the undertakings of the Postmaster‑General’s Department or the Postal and Telecommunications Department as are, in the opinion of the Minister, appropriate to be used by that Commission in connexion with the performance of its functions; (c) the Australian Postal Commission is, by force of this section, liable to pay, satisfy, observe, perform and discharge the debts, liabilities and obligations of Australia connected with assets transferred to that Commission under paragraph (a) or otherwise connected with, or arising from, the provision of postal services by Australia; and (d) the Australian Telecommunications Commission is, by force of this section, liable to pay, satisfy, observe, perform and discharge the debts, liabilities and obligations of Australia connected with any assets transferred to that Commission under paragraph (b) or otherwise connected with, or arising from, the provision of telecommunications services by Australia. (2) The Australian Postal Commission shall indemnify Australia, and keep Australia indemnified, from and against all actions, claims, demands, proceedings, suits, damages, expenses and costs that may be brought against, or incurred by, Australia at any time for or in respect of a debt, liability or obligation that the Commission is liable to pay, satisfy, observe, perform or discharge under paragraph (1)(c). (3) The Australian Telecommunications Commission shall indemnify Australia, and keep Australia indemnified, from and against all actions, claims, demands, proceedings, suits, damages, expenses and costs that may be brought against, or incurred by, Australia at any time for or in respect of a debt, liability or obligation that the Commission is liable to pay, satisfy, observe, perform or discharge under paragraph (1)(d). (4) An authorized officer shall, upon application by a person who satisfies the authorized officer that the person has good reason for requiring a certificate under this subsection, by writing under the authorized officer’s hand, certify whether a specified asset of a kind referred to in paragraph (1)(a) or (b) has been transferred to the Australian Postal Commission, has been transferred to the Australian Telecommunications Commission or has not been transferred to either of those Commissions, as the case requires, or that a specified debt, liability or obligation is a debt, liability or obligation referred to in paragraph (1)(c), is a debt, liability or obligation referred to in paragraph (1)(d) or is not a debt, liability or obligation referred to in either of those paragraphs, as the case requires, and such a certificate is, in all courts and in all proceedings, prima facie evidence of the matters stated in the certificate. (5) Judicial notice shall be taken of the signature of an authorized officer appearing on a certificate under subsection (4) and that the person by whom such a certificate purports to be signed is an authorized officer. (6) The Australian Telecommunications Commission is liable to pay to Australia, at such times as the Treasurer determines, such amounts as the Finance Minister determines to be amounts, the payment of which should be regarded as liabilities of that Commission in respect of the liability of Australia to make payments under any Acts relating to superannuation in respect of persons who were, before the commencing day employed in connexion with Post Office Services. (7) In this section: > assets includes: (a) plant, equipment, stores and materials, motor vehicles and plant and equipment in the course of construction; (b) book and other debts due to Australia and the benefit of any securities for those debts; (c) the benefit that is capable of assignment of any contract; (d) all other real or personal property, rights or interest to which Australia is entitled and which it may assign; and (e) all appropriate records maintained by Australia. > authorized officer means the Minister or an officer authorized by the Minister. > Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.