sec.738VApplication of instruments

### sec.738V Application of instruments This section applies if a transfer notice provides for an instrument that applied to SunWater to apply to an irrigation entity in place of SunWater. Without limiting the application of the transfer notice to the instrument— any right, title, interest or liability of SunWater arising under or relating to the instrument is taken to be transferred from SunWater to the irrigation entity; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of SunWater, the instrument is taken to have been given to, by or in favour of the irrigation entity; and the irrigation entity is taken to be a party to the instrument in place of SunWater; and a reference in the instrument to SunWater is, to the extent possible and if the context permits, taken to be a reference to the irrigation entity; and if an application was made for the instrument in the name of SunWater, the application is taken to have been made in the name of the irrigation entity; and if the instrument is an instrument under which an amount is or may become payable to or by SunWater, the instrument is taken to be an instrument under which the amount is or may become payable to or by the irrigation entity, in the way the amount was or might have been payable to or by SunWater; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by SunWater, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the irrigation entity, in the way it was or might have been liable to be transferred, conveyed or assigned to or by SunWater. s 738V ins 2017 No. 2 s 4 exp 1 July 2027 (see s 738ZJ) AIA s 20A applies (see s 738ZK) (sec.738V-ssec.1) This section applies if a transfer notice provides for an instrument that applied to SunWater to apply to an irrigation entity in place of SunWater. (sec.738V-ssec.2) Without limiting the application of the transfer notice to the instrument— any right, title, interest or liability of SunWater arising under or relating to the instrument is taken to be transferred from SunWater to the irrigation entity; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of SunWater, the instrument is taken to have been given to, by or in favour of the irrigation entity; and the irrigation entity is taken to be a party to the instrument in place of SunWater; and a reference in the instrument to SunWater is, to the extent possible and if the context permits, taken to be a reference to the irrigation entity; and if an application was made for the instrument in the name of SunWater, the application is taken to have been made in the name of the irrigation entity; and if the instrument is an instrument under which an amount is or may become payable to or by SunWater, the instrument is taken to be an instrument under which the amount is or may become payable to or by the irrigation entity, in the way the amount was or might have been payable to or by SunWater; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by SunWater, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the irrigation entity, in the way it was or might have been liable to be transferred, conveyed or assigned to or by SunWater. - (a) any right, title, interest or liability of SunWater arising under or relating to the instrument is taken to be transferred from SunWater to the irrigation entity; and - (b) if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of SunWater, the instrument is taken to have been given to, by or in favour of the irrigation entity; and - (c) the irrigation entity is taken to be a party to the instrument in place of SunWater; and - (d) a reference in the instrument to SunWater is, to the extent possible and if the context permits, taken to be a reference to the irrigation entity; and - (e) if an application was made for the instrument in the name of SunWater, the application is taken to have been made in the name of the irrigation entity; and - (f) if the instrument is an instrument under which an amount is or may become payable to or by SunWater, the instrument is taken to be an instrument under which the amount is or may become payable to or by the irrigation entity, in the way the amount was or might have been payable to or by SunWater; and - (g) if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by SunWater, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the irrigation entity, in the way it was or might have been liable to be transferred, conveyed or assigned to or by SunWater.