QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.108ABTransfer of assets, liabilities etc. to relevant entity
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### sec.108AB Transfer of assets, liabilities etc. to relevant entity
A regulation (a transfer regulation ) may make provision about all or any of the following for a relevant entity—
the transfer of an asset or liability of the relevant entity to another relevant entity;
the consideration for an asset or liability transferred under paragraph (a) ;
whether and, if so, the extent to which the relevant entity is the successor in law of another relevant entity;
a legal proceeding that is being, or may be, taken by or against the relevant entity to be continued or taken by or against another relevant entity;
the transfer of an employee of the relevant entity to another relevant entity;
the employees of the relevant entity transferred under paragraph (e) , and their terms and conditions of employment, rights and entitlements;
the application of a particular industrial instrument to—
the employees mentioned in paragraph (f) ; or
the relevant entity to which the employees mentioned in paragraph (f) are transferred; or
other employees of the relevant entity mentioned in subparagraph (ii) .
A transfer regulation—
may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and
has effect despite any other law or instrument; and
may provide for a matter by reference to a document held by an entity.
To remove any doubt it is declared that a transfer regulation applies despite—
the Industrial Relations Act 2016 ; and
any industrial instrument.
A transfer regulation may make provision about an accounting treatment in relation to a matter mentioned in subsection (1) .
s 108AB ins 2014 No. 56 s 66
amd 2016 No. 63 s 1157 sch 6
(sec.108AB-ssec.1) A regulation (a transfer regulation ) may make provision about all or any of the following for a relevant entity— the transfer of an asset or liability of the relevant entity to another relevant entity; the consideration for an asset or liability transferred under paragraph (a) ; whether and, if so, the extent to which the relevant entity is the successor in law of another relevant entity; a legal proceeding that is being, or may be, taken by or against the relevant entity to be continued or taken by or against another relevant entity; the transfer of an employee of the relevant entity to another relevant entity; the employees of the relevant entity transferred under paragraph (e) , and their terms and conditions of employment, rights and entitlements; the application of a particular industrial instrument to— the employees mentioned in paragraph (f) ; or the relevant entity to which the employees mentioned in paragraph (f) are transferred; or other employees of the relevant entity mentioned in subparagraph (ii) .
(sec.108AB-ssec.2) A transfer regulation— may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and has effect despite any other law or instrument; and may provide for a matter by reference to a document held by an entity.
(sec.108AB-ssec.3) To remove any doubt it is declared that a transfer regulation applies despite— the Industrial Relations Act 2016 ; and any industrial instrument.
(sec.108AB-ssec.4) A transfer regulation may make provision about an accounting treatment in relation to a matter mentioned in subsection (1) .
- (a) the transfer of an asset or liability of the relevant entity to another relevant entity;
- (b) the consideration for an asset or liability transferred under paragraph (a) ;
- (c) whether and, if so, the extent to which the relevant entity is the successor in law of another relevant entity;
- (d) a legal proceeding that is being, or may be, taken by or against the relevant entity to be continued or taken by or against another relevant entity;
- (e) the transfer of an employee of the relevant entity to another relevant entity;
- (f) the employees of the relevant entity transferred under paragraph (e) , and their terms and conditions of employment, rights and entitlements;
- (g) the application of a particular industrial instrument to— (i) the employees mentioned in paragraph (f) ; or (ii) the relevant entity to which the employees mentioned in paragraph (f) are transferred; or (iii) other employees of the relevant entity mentioned in subparagraph (ii) .
- (i) the employees mentioned in paragraph (f) ; or
- (ii) the relevant entity to which the employees mentioned in paragraph (f) are transferred; or
- (iii) other employees of the relevant entity mentioned in subparagraph (ii) .
- (i) the employees mentioned in paragraph (f) ; or
- (ii) the relevant entity to which the employees mentioned in paragraph (f) are transferred; or
- (iii) other employees of the relevant entity mentioned in subparagraph (ii) .
- (a) may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and
- (b) has effect despite any other law or instrument; and
- (c) may provide for a matter by reference to a document held by an entity.
- (a) the Industrial Relations Act 2016 ; and
- (b) any industrial instrument.