sec.92AZContent requirements

### sec.92AZ Content requirements The certification statement must state all of the following for the retransfer scheme— that the parties to the retransfer (the retransfer parties ) have identified— all of Allconnex’s assets, liabilities and instruments; and whether anything proposed to be done under the scheme would materially prejudice the interests of a third party; that all of the following apply for the scheme— the scheme transfers all of Allconnex’s assets, liabilities and instruments; the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils; agreements have been made between the withdrawn councils to ensure the joint use or access; either— the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; the scheme does not transfer an employee inconsistently with the retransfer staff support framework; Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . the scheme otherwise complies with this Act; that the retransfer parties have consulted with the State Archivist about the way in which records are to be dealt with under the scheme; that the retransfer parties have given public notice to third parties about how they may obtain information (other than private or confidential information concerning others) about the scheme; that the retransfer parties have, since the giving of the public notice, made information mentioned in paragraph (d) available to third parties who have asked for it; that the statement is, after making all due enquiries, correct to the knowledge, information and belief of each individual signing it. For subsection (1) (b) (iv) (A) , the fact of a transfer to a withdrawn council, is not, of itself, a material prejudice to a third party. The consultation with the State Archivist may be carried out by the withdrawn councils jointly. The certification statement must not contain private or confidential information concerning others. In this section— public notice means a notice published in a newspaper circulating in all of the SEQ region. s 92AZ ins 2012 No. 1 s 23 amd 2012 No. 13 s 10 (retro) (sec.92AZ-ssec.1) The certification statement must state all of the following for the retransfer scheme— that the parties to the retransfer (the retransfer parties ) have identified— all of Allconnex’s assets, liabilities and instruments; and whether anything proposed to be done under the scheme would materially prejudice the interests of a third party; that all of the following apply for the scheme— the scheme transfers all of Allconnex’s assets, liabilities and instruments; the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils; agreements have been made between the withdrawn councils to ensure the joint use or access; either— the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; the scheme does not transfer an employee inconsistently with the retransfer staff support framework; Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . the scheme otherwise complies with this Act; that the retransfer parties have consulted with the State Archivist about the way in which records are to be dealt with under the scheme; that the retransfer parties have given public notice to third parties about how they may obtain information (other than private or confidential information concerning others) about the scheme; that the retransfer parties have, since the giving of the public notice, made information mentioned in paragraph (d) available to third parties who have asked for it; that the statement is, after making all due enquiries, correct to the knowledge, information and belief of each individual signing it. (sec.92AZ-ssec.2) For subsection (1) (b) (iv) (A) , the fact of a transfer to a withdrawn council, is not, of itself, a material prejudice to a third party. (sec.92AZ-ssec.3) The consultation with the State Archivist may be carried out by the withdrawn councils jointly. (sec.92AZ-ssec.4) The certification statement must not contain private or confidential information concerning others. (sec.92AZ-ssec.5) In this section— public notice means a notice published in a newspaper circulating in all of the SEQ region. - (a) that the parties to the retransfer (the retransfer parties ) have identified— (i) all of Allconnex’s assets, liabilities and instruments; and (ii) whether anything proposed to be done under the scheme would materially prejudice the interests of a third party; - (i) all of Allconnex’s assets, liabilities and instruments; and - (ii) whether anything proposed to be done under the scheme would materially prejudice the interests of a third party; - (b) that all of the following apply for the scheme— (i) the scheme transfers all of Allconnex’s assets, liabilities and instruments; (ii) the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils; (iii) agreements have been made between the withdrawn councils to ensure the joint use or access; (iv) either— (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; (v) the scheme does not transfer an employee inconsistently with the retransfer staff support framework; Note— Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . (vi) the scheme otherwise complies with this Act; - (i) the scheme transfers all of Allconnex’s assets, liabilities and instruments; - (ii) the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils; - (iii) agreements have been made between the withdrawn councils to ensure the joint use or access; - (iv) either— (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; - (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or - (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; - (v) the scheme does not transfer an employee inconsistently with the retransfer staff support framework; Note— Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . - (vi) the scheme otherwise complies with this Act; - (c) that the retransfer parties have consulted with the State Archivist about the way in which records are to be dealt with under the scheme; - (d) that the retransfer parties have given public notice to third parties about how they may obtain information (other than private or confidential information concerning others) about the scheme; - (e) that the retransfer parties have, since the giving of the public notice, made information mentioned in paragraph (d) available to third parties who have asked for it; - (f) that the statement is, after making all due enquiries, correct to the knowledge, information and belief of each individual signing it. - (i) all of Allconnex’s assets, liabilities and instruments; and - (ii) whether anything proposed to be done under the scheme would materially prejudice the interests of a third party; - (i) the scheme transfers all of Allconnex’s assets, liabilities and instruments; - (ii) the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils; - (iii) agreements have been made between the withdrawn councils to ensure the joint use or access; - (iv) either— (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; - (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or - (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; - (v) the scheme does not transfer an employee inconsistently with the retransfer staff support framework; Note— Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . - (vi) the scheme otherwise complies with this Act; - (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or - (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained;