VICIn ForceAct
Transport (Compliance and Miscellaneous) Act 1983
233Transfer of property liabilities contracts debts causes of actions leases etc. to Corporation
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233 Transfer of property liabilities contracts debts causes of actions leases etc. to Corporation
Without affecting the generality of section 232 the following provisions shall have effect on and from 1 July 1989:
S. 233(a) amended by No. 44/1989 s. 28(1)(b).
(a) All real and personal property whatsoever including without affecting the generality of the foregoing all land buildings undertakings machinery and plant and all choses in action and all moneys and all interests rights benefits and advantages appurtenant to connected with or relating to all or any of the same vested in a former Authority shall be vested in the relevant successor Corporation for the appropriate purpose under this Act;
S. 233(b) amended by No. 44/1989 s. 28(1)(b).
(b) All liabilities of a former Authority in respect of all outstanding principal moneys together with outstanding and future interest thereon lawfully advanced to or borrowed by the former Authority shall be transferred to and be borne and discharged by the relevant successor Corporation;
S. 233(c) amended by No. 44/1989 s. 28(1)(a)–(c).
(c) All contracts deeds bonds agreements arrangements and other instruments lawfully made or entered into by or on behalf of or in relation to a former Authority and in force immediately before 1 July 1989 shall be as binding and of as full force and effect in favour of or against or in relation to the relevant successor Corporation as they would have been in favour of or against or in relation to the former Authority if the **Transport (Amendment) Act 1989** had not been passed and may be enforced as fully and effectually as if the same had been made or entered into by or on behalf of or in relation to the relevant successor Corporation;
S. 233(d) amended by No. 44/1989 s. 28(1)(a)(b).
(d) All debts lawfully incurred by or owing by or to a former Authority and due and owing immediately before 1 July 1989 shall be deemed to have been incurred by or owing by or to the relevant successor Corporation and may be recovered from or by the relevant successor Corporation accordingly;
S. 233(e) amended by No. 44/1989 s. 28(1)(a)–(c).
(e) All actions causes of action proceedings and claims for compensation (including any claim for arbitration thereon or appeal therefrom or proceeding thereunder or matter arising thereout) immediately before 1 July 1989 pending or existing by or against a former Authority shall not abate or be discontinued or be in any way prejudicially affected by reason of this Part but may be continued prosecuted and enforced by or against the relevant successor Corporation as they might have been by or against the former Authority if the **Transport (Amendment) Act 1989** had not been passed and not further or otherwise;
S. 233(f) amended by No. 44/1989 s. 28(1)(b)(c).
(f) Any penalty forfeiture or punishment incurred or imposed by or under any Act repealed by this Act may be imposed enforced or recovered by or against the relevant successor Corporation in like manner and to the like extent as the same might have been imposed enforced or recovered by or against the relevant former Authority if the **Transport (Amendment) Act 1989** had not been passed, and any proceeding or remedy in respect thereof may be instituted continued or enforced by or against the relevant successor Corporation;
S. 233(g) amended by No. 44/1989 s. 28(1)(a)(b).
(g) All authorities charges assignments mortgages indemnities and notices made given or granted or issued by or to or in relation to or at the instance of a former Authority and subsisting immediately before 1 July 1989 shall unless the same are sooner suspended cancelled or revoked continue in force for the period for which they were made given or granted or issued and shall be deemed to have been made given granted or issued by or to or in relation to or at the instance of the relevant successor Corporation;
S. 233(h) amended by No. 44/1989 s. 28(1)(a)(b).
(h) All proclamations Orders in Council by-laws and other instruments made in relation to a former Authority and in force immediately before 1 July 1989 shall so far as they relate to matters continued in force or operation by this Act remain, subject to this Act, in full force and operation in relation to the relevant successor Corporation;
S. 233(i) amended by No. 44/1989 s. 28(1)(a)(b).
(i) All funds vested in or held by or in relation to a former Authority immediately before 1 July 1989 for any particular purpose or subject to any Act or enactment or particular trusts shall be transferred to and vested in or held by or in relation to the relevant successor Corporation for the like purposes and subject to the like Act enactment or trusts, and no right interest or claim in or with respect to any such fund shall abate or be in any way prejudicially affected by reason of that transfer;
S. 233(j) amended by No. 44/1989 s. 28(1)(a)(b).
(j) All other acts matters and things of a continuing nature made done or commenced by or on behalf of or in relation to a former Authority and immediately before 1 July 1989 of any force or effect or capable of acquiring any force or effect by virtue of any Act shall be deemed and taken to have been made done or commenced by or on behalf of or in relation to the relevant successor Corporation and shall have effect and may be continued and completed by or on behalf of or in relation to the relevant successor Corporation accordingly; and
S. 233(k) amended by No. 44/1989 s. 28(1)(a)(b).
(k) Any reference to a former Authority in any Act proclamation Order in Council rule regulation by-law notice demand order legal or other proceeding deed contract lease mortgage agreement instrument document or any writing of any kind whatsoever shall, so far as relates to any period after 1 July 1989, if not inconsistent with the context or subject-matter be deemed and taken to refer to the relevant successor Corporation.
Ss 234–242 repealed.[[15]](#endnote-16)