39Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia

39 Transfer of contractual rights and liabilities from Commonwealth to Tourism Australia

(1) The Minister may, in writing, declare that the Commonwealth’s rights and liabilities under a specified tourism trade mark contract: (a) cease to be rights and liabilities of the Commonwealth on the proclamation day; and (b) become rights and liabilities of Tourism Australia on that day. (2) The Minister may, in writing, declare that a specified tourism trade mark contract continues to have effect on and after the proclamation day as if a reference in the contract to the Commonwealth were a reference to Tourism Australia. (3) The Minister may, in writing, declare that a specified instrument relating to a specified tourism trade mark contract continues to have effect, after the Commonwealth’s rights and liabilities under the contract become rights and liabilities of Tourism Australia, as if a reference in the instrument to the Commonwealth were a reference to Tourism Australia. (4) The Minister may, in writing, declare that Tourism Australia becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and liabilities under a specified tourism trade mark contract, when the Commonwealth’s rights and liabilities under the contract become rights and liabilities of Tourism Australia. (5) A declaration under this section has effect accordingly. (6) This section does not, by implication, limit section 37 or 38.

Note: A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.

(7) In this section:

tourism trade mark contract means a contract:

(a) to which the Commonwealth is a party; and
(b) that relates to a tourism trade mark.