44Payments in respect of financial obligations

44 Payments in respect of financial obligations

(1) If—

(a) an Order has been made under section 36D(1) or 36E(1) of the Treasury Corporation of Victoria Act 1992 relating to financial obligations of a rail corporation; and

(b) responsibility for those financial obligations has become the responsibility of a transferee under an allocation statement under section 41—

then—

(c) the transferee must pay to the Treasury Corporation of Victoria such amounts, and at such times, as the rail corporation would have been liable to pay in respect of those financial obligations if the Order had not been made, except in so far as the Corporation and the transferee agree; and

(d) the Corporation must pay to the transferee such amounts, and at such times, as the rail corporation would have been entitled to receive in respect of those financial obligations if the Order had not been made, except in so far as the Corporation and the transferee otherwise agree.

(2) An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the Treasury Corporation of Victoria or the transferee, as the case requires.