sec.65Minister may make transfer notice

sec.65 Minister may make transfer notice

For the purpose of the establishment of the authority, the Minister may, by gazette notice (a transfer notice ) do any of the following— transfer a business, asset or liability of the State to the authority; grant a lease, easement or other right from the State to the authority; vary or extinguish a lease, easement or other rights held by the State; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which the authority is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against the authority; make provision for or about the issue, transfer or application of an instrument to the authority. A transfer notice may include conditions applying to something done or to be done under the notice. If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice. A transfer notice has effect despite any other law or instrument. A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice. If a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument. In this section— lease includes any derivative under lease of the lease. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument. (sec.65-ssec.1) For the purpose of the establishment of the authority, the Minister may, by gazette notice (a transfer notice ) do any of the following— transfer a business, asset or liability of the State to the authority; grant a lease, easement or other right from the State to the authority; vary or extinguish a lease, easement or other rights held by the State; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which the authority is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against the authority; make provision for or about the issue, transfer or application of an instrument to the authority. (sec.65-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice. (sec.65-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. (sec.65-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice. (sec.65-ssec.5) A transfer notice has effect despite any other law or instrument. (sec.65-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice. (sec.65-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument. (sec.65-ssec.8) In this section— lease includes any derivative under lease of the lease. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.