QLDIn ForceAct
Rural and Regional Adjustment Act 1994
sec.70Effect on legal relationships
Start here
Get a plain-English read of sec.70
Turn the raw legal text into a practical explanation grounded in Rural and Regional Adjustment Act 1994.
### sec.70 Effect on legal relationships
A thing done under this subdivision—
does not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and
does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and
does not fulfil a condition that—
terminates, or allows a person to terminate, an instrument or obligation; or
modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or
requires any money to be paid before its stated maturity; and
does not release a surety or other obligee, wholly or partly, from an obligation.
If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this subdivision, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
If giving notice to a person would be necessary to do something under this subdivision, the notice is taken to have been given.
A reference in this section to the State includes an employee or agent of the State.
s 70 ins 2020 No. 3 s 128B
(sec.70-ssec.1) A thing done under this subdivision— does not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and does not fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; and does not release a surety or other obligee, wholly or partly, from an obligation.
(sec.70-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this subdivision, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
(sec.70-ssec.3) If giving notice to a person would be necessary to do something under this subdivision, the notice is taken to have been given.
(sec.70-ssec.4) A reference in this section to the State includes an employee or agent of the State.
- (a) does not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and
- (b) does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and
- (c) does not fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity; and
- (i) terminates, or allows a person to terminate, an instrument or obligation; or
- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or
- (iv) requires any money to be paid before its stated maturity; and
- (d) does not release a surety or other obligee, wholly or partly, from an obligation.
- (i) terminates, or allows a person to terminate, an instrument or obligation; or
- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or
- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or
- (iv) requires any money to be paid before its stated maturity; and