sec.126Retransfer staff support framework taken never to have had effect

### sec.126 Retransfer staff support framework taken never to have had effect From the commencement, the retransfer staff support framework has no effect and is taken never to have had effect. However, subsection (1) does not invalidate or otherwise affect anything done under the retransfer staff support framework before the commencement. Also, if an affected employee received a payment from Allconnex or a withdrawn council in the retransfer period, whether or not the payment was made or purportedly made under the retransfer staff support framework, subsection (1) does not, of itself, create a right by Allconnex or the withdrawn council to recover the payment. Subsection (5) applies if Allconnex or a withdrawn council— before the commencement— makes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or in connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and from the commencement, fails to act on the representation, agreement, understanding or undertaking because the retransfer staff support framework has no effect. Allconnex’s or the withdrawn council’s making of the representation, entering into the agreement or having the understanding with the affected employee under subsection (4)(a), or failure to act under subsection (4)(b), does not, of itself, create a legally enforceable right of anyone. In this section— action includes inaction. affected employee means an employee of Allconnex or a withdrawn council. payment includes a benefit. representation includes a promise, whether express or implied. retransfer period means the period starting at the beginning of 16 December 2011 and ending on the date of assent of the amending Act. s 126 ins 2012 No. 13 s 20 (retro) (sec.126-ssec.1) From the commencement, the retransfer staff support framework has no effect and is taken never to have had effect. (sec.126-ssec.2) However, subsection (1) does not invalidate or otherwise affect anything done under the retransfer staff support framework before the commencement. (sec.126-ssec.3) Also, if an affected employee received a payment from Allconnex or a withdrawn council in the retransfer period, whether or not the payment was made or purportedly made under the retransfer staff support framework, subsection (1) does not, of itself, create a right by Allconnex or the withdrawn council to recover the payment. (sec.126-ssec.4) Subsection (5) applies if Allconnex or a withdrawn council— before the commencement— makes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or in connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and from the commencement, fails to act on the representation, agreement, understanding or undertaking because the retransfer staff support framework has no effect. (sec.126-ssec.5) Allconnex’s or the withdrawn council’s making of the representation, entering into the agreement or having the understanding with the affected employee under subsection (4)(a), or failure to act under subsection (4)(b), does not, of itself, create a legally enforceable right of anyone. (sec.126-ssec.6) In this section— action includes inaction. affected employee means an employee of Allconnex or a withdrawn council. payment includes a benefit. representation includes a promise, whether express or implied. retransfer period means the period starting at the beginning of 16 December 2011 and ending on the date of assent of the amending Act. - (a) before the commencement— (i) makes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or (ii) in connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and - (i) makes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or - (ii) in connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and - (b) from the commencement, fails to act on the representation, agreement, understanding or undertaking because the retransfer staff support framework has no effect. - (i) makes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or - (ii) in connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and