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ALBURY-WODONGA DEVELOPMENT ACT 1973 - SECT 20F

Transfer of liabilities to Corporation

             (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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