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Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 75 Transfer of assets

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 75

Transfer of assets

75. (1) The Minister may, by notice published in the Gazette, declare that a
specified estate or interest in land owned by the Commonwealth specified in
the notice, being land on which is situated a transmitting station that is
used, or is to be used, in connection with the performance of the functions of
the Corporation, shall, on and from such date as is specified in the notice,
be vested in the Corporation and, upon that date, that estate or interest
vests in the Corporation without any conveyance, transfer or assignment.

(2) Where-

   (a)  an estate or interest in land vests in the Corporation by force of
        sub-section (1); and

   (b)  a copy of the relevant notice under sub-section (1), certified under
        the hand of the Crown Solicitor or of an officer of the
        Attorney-General's Department authorized by the Crown Solicitor to
        certify such copies, is lodged with the Registrar-General, Registrar
        of Titles or other proper officer of the State or Territory in which
        the land is situated, the officer with whom the copy is lodged may
        register the vesting in the manner as nearly as may be in which
        dealings with land are registered, and may deal with and give effect
        to the copy of the notice as if it were a grant, conveyance,
        memorandum or instrument of transfer of the estate or interest to the
        Corporation duly executed under the laws in force in that State or
        Territory.

(3) The Minister shall cause all transmitters that are provided by the
Commonwealth for use in connection with the performance of the functions of
the Corporation to be transferred, without charge to the Corporation, to the
ownership of the Corporation.

(4) The Minister may cause to be transferred to the ownership of the
Corporation any other technical equipment that is provided by the Commonwealth
in relation to a transmitting station that is, or is to be, used in connection
with the performance of the functions of the Corporation.

(5) Where-

   (a)  an estate or interest in land on which a transmitting station is
        situated vests in the Corporation in accordance with sub-section (1);

   (b)  a transmitter is transferred to the ownership of the Corporation in
        accordance with sub-section (3); or

   (c)  any other technical equipment is transferred to the ownership of the
        Corporation in accordance with sub-section (4), the Minister may, by
        notice in writing to the Managing Director, require the Corporation to
        comply with such conditions in relation to the use of the land or
        transmitting station, the use or operation of the transmitter or the
        use or operation of the equipment, as the case may be, as are
        specified in the notice, and the Corporation shall comply with the
        conditions specified in any such notice.