Part SCHEDULE 6 - Transitional Prov - Tourism Tasmania Act 1996 - SCHEDULE 6 - Transitional Provisions | Zoe

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Part SCHEDULE 6 - Transitional Prov - Tourism Tasmania Act 1996 - SCHEDULE 6 - Transitional Provisions | Zoe

8. Transfer of property other than Crown land

(1) In this clause –

transfer day means the day specified in an order made under subclause (2) on which any property, right, liability or obligation vests in or is transferred to the Authority;

transferred property means any property, right, liability or obligation specified in an order made under subclause (2) and vested in or transferred to the Authority.

(2) Within 2 years after the commencement day and with the agreement of the Minister, the Treasurer and the Authority, a Minister to whom a Government department that is responsible for the property, rights, liabilities and obligations of the Crown is responsible may, by order –

(a) transfer any of that property (other than Crown land) or those rights, liabilities and obligations to the Authority; and

(b) provide for any matter that is incidental to that transfer.

(3) A transfer referred to in subclause (2) may be made for valuable consideration or otherwise.

(4) On the day specified in an order made under subclause (2) –

(a) the property (other than Crown land) and rights specified in, and transferred by, the order vest in the Authority; and

(b) the liabilities and obligations specified in, and transferred by, the order become the liabilities and obligations of the Authority.

(5) Except as otherwise provided in an order made under subclause (2) , on and after the transfer day –

(a) any legal proceedings pending immediately before the transfer day and which were instituted by or against the Crown or a statutory authority in respect of the transferred property may be continued by or against the Authority; and

(b) any legal proceedings by or against the Crown or a statutory authority in respect of the transferred property to enforce a right that had accrued, and was in existence, immediately before the transfer day may be commenced by or against the Authority; and

(c) a judgment or order of a court obtained before the transfer day by or against the Crown or a statutory authority in respect of the transferred property may be enforced by or against the Authority; and

(d) a document addressed to the Crown or a statutory authority in respect of the transferred property may be served on the Authority; and

(e) a contract made or entered into by the Crown or a statutory authority in respect of the transferred property before the transfer day but not performed or discharged before that day is taken to have been made or entered into by the Authority.

(6) If a Minister transfers any property, right, liability or obligation of a statutory authority to the Authority under subclause (2) , that property, right, liability or obligation is to be taken to have been vested in, or to have belonged to, the Crown immediately before the transfer day.

(7) A person who is a party to a contract is not entitled to terminate that contract by reason only of the transfer, under an order made under subclause (2) , of any property, right, liability or obligation to which that contract relates.

(8) On the recommendation of the Minister, the Treasurer may, by order, exempt the Authority from any liability to pay all or any State charges, as specified in the order, in respect of the transfer of any property, right, liability or obligation under this clause.