VICIn ForceAct
Project Development and Construction Management Act 1994
75ZEvidence
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75Z Evidence
(1) Documentary or other evidence that would have been admissible for or against the interests of the former Secretary, Project Development in relation to former Secretary, Project Development property if this Division had not been enacted is admissible for or against the interests of the successor Secretary, Project Development.
(2) The **Evidence Act 2008** applies with respect to the books of account of the former Secretary, Project Development and to entries made in those books of account before the relevant date, whether or not they relate to former Secretary, Project Development property, as if those books of account and entries were business records of the successor Secretary, Project Development.
S. 75ZA inserted by No. 30/2020 s. 21.
75ZA Certificate of Department Head of superseded declared Department
(1) A certificate signed by the Department Head of the superseded declared Department certifying that—
(a) property or rights of the former Secretary, Project Development specified in the certificate have vested in the successor Secretary, Project Development; or
(b) liabilities of the former Secretary, Project Development specified in the certificate have become liabilities of the successor Secretary, Project Development—
is admissible as evidence and, in the absence of evidence to the contrary, is proof that the property, rights or liabilities so specified are the property, rights and liabilities to which this Division applies.
(2) The Department Head of the superseded declared Department—
(b) must make the register reasonably available for inspection by the successor Secretary, Project Development or other interested person.
S. 75ZB inserted by No. 30/2020 s. 21.
75ZB Validity of things done under this Division
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of or as constituting a default under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
Division 3—Change of name of declared Department
S. 75ZC inserted by No. 30/2020 s. 21.
75ZC Application of Division
This Division applies if—
(a) an Order is made under section 10(c) of the **Public Administration Act 2004** that changes the name of the declared Department; and
(b) an Order is made under section 5AA declaring a Department with the changed name (a ***change of name Order***).
S. 75ZD inserted by No. 30/2020 s. 21.
75ZD Change of name of declared Department
The taking of effect of a change of name Order does not—
(a) create a new legal entity; and
(b) prejudice or affect the identity of the Secretary, Project Development as a body corporate or the continuity of that body corporate; and
(c) affect the property, rights or obligations of the Secretary, Project Development; and
(d) render defective any legal proceedings by or against the Secretary, Project Development.
New Pt 9 (Heading and ss 76–78) inserted by No. 16/2003 s. 26.