QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.92CMEffect on legal relationships
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### sec.92CM Effect on legal relationships
Nothing done under this chapter, including a thing done under, or in compliance with, a retransfer document—
makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract, confidence or duty; 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.
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.
For subsection (1) , (2) or (3) , a thing done under this chapter, or doing something under this chapter, extends to the doing of all acts preparatory to or otherwise for the purposes of doing the thing, including, for example, all things done in preparation for any of the following matters—
Allconnex ceasing to be a service provider;
a withdrawn council becoming a service provider for its local government area;
the retransfer;
Allconnex’s dissolution;
anything consequential or incidental to a matter mentioned in paragraph (a) to (d) .
In this section—
relevant entity means all or any of the following—
the State or an employee or agent of the State;
a withdrawn council or any of its councillors, employees or agents;
Allconnex, a member of its board or an employee or agent of Allconnex.
s 92CM ins 2012 No. 1 s 23
(sec.92CM-ssec.1) Nothing done under this chapter, including a thing done under, or in compliance with, a retransfer document— makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract, confidence or duty; 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.92CM-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.
(sec.92CM-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.92CM-ssec.4) For subsection (1) , (2) or (3) , a thing done under this chapter, or doing something under this chapter, extends to the doing of all acts preparatory to or otherwise for the purposes of doing the thing, including, for example, all things done in preparation for any of the following matters— Allconnex ceasing to be a service provider; a withdrawn council becoming a service provider for its local government area; the retransfer; Allconnex’s dissolution; anything consequential or incidental to a matter mentioned in paragraph (a) to (d) .
(sec.92CM-ssec.5) In this section— relevant entity means all or any of the following— the State or an employee or agent of the State; a withdrawn council or any of its councillors, employees or agents; Allconnex, a member of its board or an employee or agent of Allconnex.
- (a) makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract, confidence or duty; 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) Allconnex ceasing to be a service provider;
- (b) a withdrawn council becoming a service provider for its local government area;
- (c) the retransfer;
- (d) Allconnex’s dissolution;
- (e) anything consequential or incidental to a matter mentioned in paragraph (a) to (d) .
- (a) the State or an employee or agent of the State;
- (b) a withdrawn council or any of its councillors, employees or agents;
- (c) Allconnex, a member of its board or an employee or agent of Allconnex.