Commonwealth Consolidated Acts(1) It is the intention of the Parliament that a law of New South Wales or Victoria may:
(a) transfer a liability from the relevant State body to the Corporation; and
(b) provide for matters incidental to the transfer.
(2) Such a transfer may be by way of a provision under which the liability:
(a) ceases to be a liability of the relevant State body at a particular time; and
(b) becomes a liability of the Corporation at that time.
Minister must consent to transfer
(3) However, a law of New South Wales or Victoria is not effective to transfer the liability from the relevant State body to the Corporation unless the Minister, by notice in the Gazette , consents to the transfer of:
(a) the liability; or
(b) a class of liabilities in which the liability is included.
Matters incidental to transfer
(4) The following are examples of matters incidental to the transfer of a liability from the relevant State body to the Corporation:
(a) that an instrument relating to the liability continues to have effect after the liability becomes a liability of the Corporation as if a reference in the instrument to the relevant State body were a reference to the Corporation;
(b) that the Corporation becomes the relevant State body's successor in law in relation to the liability immediately after the liability becomes a liability of the Corporation;
(c) if any proceedings to which the relevant State body was a party:
(i) were pending in any court or tribunal immediately before the transfer; and
(ii) related, in whole or in part, to the liability;
that the Corporation is substituted for the relevant State body as a party to the proceedings to the extent to which the proceedings relate to the liability.
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