sec.20Transfer notice

### sec.20 Transfer notice For the purpose of an arrangement under section 19 , the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in the operator to a stated entity; transfer an asset or liability of the State to the operator; make provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b) ; provide whether and, if so, the extent to which the operator is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator; make provision for or about the issue, transfer or application of an instrument to the operator, including— whether the operator holds, or is a party to, an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and whether a reference to an entity in an instrument is a reference to the operator; and whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and whether a right or entitlement under an instrument is held by the operator; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement. A transfer notice may include conditions applying to something done or to be done under the notice. If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice. A transfer notice has effect despite any other law or instrument. A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice. If a transfer notice makes provision for a matter under subsection (1) (f) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument. In this section— instrument includes— an accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and an application, certificate, manual, notice, plan or other document made, issued or given under an Act; and an agreement, including an oral agreement. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. (sec.20-ssec.1) For the purpose of an arrangement under section 19 , the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer shares in the operator to a stated entity; transfer an asset or liability of the State to the operator; make provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b) ; provide whether and, if so, the extent to which the operator is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator; make provision for or about the issue, transfer or application of an instrument to the operator, including— whether the operator holds, or is a party to, an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and whether a reference to an entity in an instrument is a reference to the operator; and whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and whether a right or entitlement under an instrument is held by the operator; make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement. (sec.20-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice. (sec.20-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. (sec.20-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, except to the extent stated in the notice. (sec.20-ssec.5) A transfer notice has effect despite any other law or instrument. (sec.20-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice. (sec.20-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (f) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument. (sec.20-ssec.8) In this section— instrument includes— an accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and an application, certificate, manual, notice, plan or other document made, issued or given under an Act; and an agreement, including an oral agreement. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. - (a) transfer shares in the operator to a stated entity; - (b) transfer an asset or liability of the State to the operator; - (c) make provision about the consideration for shares or an asset or liability transferred under paragraph (a) or (b) ; - (d) provide whether and, if so, the extent to which the operator is the successor in law of the State; - (e) make provision for a legal proceeding that is being, or may be, taken by or against the State or an official to be continued or taken by or against the operator; - (f) make provision for or about the issue, transfer or application of an instrument to the operator, including— (i) whether the operator holds, or is a party to, an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and (iii) whether a reference to an entity in an instrument is a reference to the operator; and (iv) whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and (v) whether a right or entitlement under an instrument is held by the operator; - (i) whether the operator holds, or is a party to, an instrument; and - (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and - (iii) whether a reference to an entity in an instrument is a reference to the operator; and - (iv) whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and - (v) whether a right or entitlement under an instrument is held by the operator; - (g) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for the purposes of the arrangement. - (i) whether the operator holds, or is a party to, an instrument; and - (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the operator; and - (iii) whether a reference to an entity in an instrument is a reference to the operator; and - (iv) whether, under an instrument, an amount is or may become payable to or by the operator or other property is, or may be, transferred to or by the operator; and - (v) whether a right or entitlement under an instrument is held by the operator; - (a) signed by the Minister; and - (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. - (a) updating a register or other record; and - (b) amending, cancelling or issuing an instrument. - (a) an accreditation, allocation, approval, entitlement, exemption, licence, permit or other authority under an Act; and - (b) an application, certificate, manual, notice, plan or other document made, issued or given under an Act; and - (c) an agreement, including an oral agreement.