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AVIATION LEGISLATION AMENDMENT ACT 2002 NO. 143, 2002 - SCHEDULE 3
- Repeal of the Federal Airports Corporation Act 1986
1 The whole of the Act
Repeal the Act.
2 Definitions
In this Schedule:
Corporation means the Federal Airports Corporation.
repeal day means the day
on which this item commences.
residual assets means:
- (a)
- any legal or
equitable estates or interests in real or personal property, including
contingent or prospective ones; and
- (b)
- any rights, privileges and immunities including contingent or prospective
ones;
of the Corporation immediately before the repeal day. residual instruments
means instruments that are in force immediately before the repeal day:
- (a)
- to which the Corporation is a party; or
- (b)
- that were given to, by or in favour of the Corporation; or
- (c)
- in which a reference is made to the Corporation; or
- (d)
- under which any money is or may become payable, or any other property is
to be, or may become liable to be, transferred, conveyed or assigned, to or by
the Corporation.
residual liabilities means liabilities and duties of the Corporation,
including contingent and prospective ones, immediately before the repeal day.
3 Residual assets and liabilities to become Commonwealth assets and
liabilities
(1) By force of this item:
- (a)
- all the residual assets of the
Corporation cease to be assets of the Corporation and become assets of the
Commonwealth on the repeal day; and
- (b)
- the Commonwealth becomes the Corporation's successor in law in relation to
those assets immediately after they become assets of the Commonwealth.
(2) By force of this item:
- (a)
- all residual liabilities of the Corporation
cease to be liabilities of the Corporation and become liabilities of the
Commonwealth on the repeal day; and
- (b)
- the Commonwealth becomes the Corporation's successor in law in relation to
those liabilities immediately after they become liabilities of the
Commonwealth.
(3) A residual instrument continues to have effect on and after the repeal day
as if a reference in the instrument to the Corporation were a reference to the
Commonwealth.
4 Pending proceedings
If, immediately before the repeal day,
proceedings to which the Corporation was a party are pending in a court, then,
on and after the repeal day, the Commonwealth is substituted for the
Corporation in the proceedings and has the same rights and obligations as the
Corporation would have had in the proceedings.
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