QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.68Effect on legal relationships
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### sec.68 Effect on legal relationships
Nothing done under this chapter including a thing done by or in compliance with, a transition document—
makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or
makes a relevant entity 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; or
is taken to fulfil a condition that—
allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or
allows a person to enforce an obligation 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; or
releases 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 chapter, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.
A contract entered into by a local government provides that it agrees not to transfer a particular asset without a particular person’s consent and that if the consent is given, it may be subject to particular conditions.
If the asset is transferred to a distributor-retailer under a transfer scheme or transfer notice, the consent required under the contract is taken to have been given unconditionally.
If apart from this Act, giving notice to a person would be necessary to do something under this chapter, the notice is taken to have been given.
In this section—
relevant entity means—
the State or an employee or agent of the State; or
a participating local government for a distributor-retailer or any of the local government’s councillors, employees or agents; or
a distributor-retailer, a member of a board or an employee or agent of a distributor-retailer.
(sec.68-ssec.1) Nothing done under this chapter including a thing done by or in compliance with, a transition document— makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or makes a relevant entity 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; or is taken to fulfil a condition that— allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or allows a person to enforce an obligation 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; or releases a surety or other obligee, wholly or partly, from an obligation.
(sec.68-ssec.2) If apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this chapter, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally. A contract entered into by a local government provides that it agrees not to transfer a particular asset without a particular person’s consent and that if the consent is given, it may be subject to particular conditions. If the asset is transferred to a distributor-retailer under a transfer scheme or transfer notice, the consent required under the contract is taken to have been given unconditionally.
(sec.68-ssec.3) If apart from this Act, giving notice to a person would be necessary to do something under this chapter, the notice is taken to have been given.
(sec.68-ssec.4) In this section— relevant entity means— the State or an employee or agent of the State; or a participating local government for a distributor-retailer or any of the local government’s councillors, employees or agents; or a distributor-retailer, a member of a board or an employee or agent of a distributor-retailer.
- (a) makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or
- (b) makes a relevant entity 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; or
- (c) is taken to fulfil a condition that— (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iii) requires any money to be paid before its stated maturity; or
- (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or
- (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or
- (iii) requires any money to be paid before its stated maturity; or
- (d) releases a surety or other obligee, wholly or partly, from an obligation.
- (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or
- (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or
- (iii) requires any money to be paid before its stated maturity; or
- (a) the State or an employee or agent of the State; or
- (b) a participating local government for a distributor-retailer or any of the local government’s councillors, employees or agents; or
- (c) a distributor-retailer, a member of a board or an employee or agent of a distributor-retailer.