Commonwealth Numbered Acts

POSTAL AND TELECOMMUNICATIONS COMMISSIONS (TRANSITIONAL PROVISIONS) ACT 1975 No. 56, 1975 - SECT 29

PART V-ASSETS AND LIABILITIES
29. (1) On, or as soon as practicable after, the commencing day-

   (a)  the Minister shall transfer or cause to be transferred to the
        Australian Postal Commission such of the assets owned by Australia and
        held or used in connexion with, or arising from, the undertakings of
        the Postmaster-General's Department as are, in the opinion of the
        Minister, appropriate to be used by that Commission in connexion with
        the performance of its functions;

   (b)  the Minister shall transfer or cause to be transferred to the
        Australian Telecommunications Commission such of the assets owned by
        Australia and held or used in connexion with, or arising from, the
        undertakings of the Postmaster-General's Department as are, in the
        opinion of the Minister, appropriate to be used by that Commission in
        connexion with the performance of its functions;

   (c)  the Australian Postal Commission is, by force of this section, liable
        to pay, satisfy, observe, perform and discharge the debts, liabilities
        and obligations of Australia connected with assets transferred to that
        Commission under paragraph (a) or otherwise connected with, or arising
        from, the provision of postal services by Australia; and

   (d)  the Australian Telecommunications Commission is, by force of this
        section, liable to pay, satisfy, observe, perform and discharge the
        debts, liabilities and obligations of Australia connected with any
        assets transferred to that Commission under paragraph (b) or otherwise
        connected with, or arising from, the provision of telecommunications
        services by Australia.

(2) The Australian Postal Commission shall indemnify Australia, and keep
Australia indemnified, from and against all actions, claims, demands,
proceedings, suits, damages, expenses and costs that may be brought against,
or incurred by, Australia at any time for or in respect of a debt, liability
or obligation that the Commission is liable to pay, satisfy, observe, perform
or discharge under paragraph (1) (c).

(3) The Australian Telecommunications Commission shall indemnify Australia,
and keep Australia indemnified, from and against all actions, claims, demands,
proceedings, suits, damages, expenses and costs that may be brought against,
or incurred by, Australia at any time for or in respect of a debt, liability
or obligation that the Commission is liable to pay, satisfy, observe, perform
or discharge under paragraph (1) (d).

(4) An authorized officer shall, upon application by a person who satisfies
him that he has good reason for requiring a certificate under this
sub-section, by writing under his hand, certify whether a specified asset of a
kind referred to in paragraph (1) (a) or (b) has been transferred to the
Australian Postal Commission, has been transferred to the Australian
Telecommunications Commission or has not been transferred to either of those
Commissions, as the case requires, or that a specified debt, liability or
obligation is a debt, liability or obligation referred to in paragraph (1)
(c), is a debt, liability or obligation referred to in paragraph (1) (d) or is
not a debt, liability or obligation referred to in either of those paragraphs,
as the case requires, and such a certificate is, in all courts and in all
proceedings, prima facie evidence of the matters stated in the certificate.

(5) Judicial notice shall be taken of the signature of an authorized officer
appearing on a certificate under sub-section (4) and that the person by whom
such a certificate purports to be signed is an authorized officer.

(6) The Australian Telecommunications Commission is liable to pay to
Australia, at such times as the Treasurer determines, such amounts as the
Treasurer determines to be amounts, the payment of which should be regarded as
liabilities of that Commission in respect of the liability of Australia to
make payments under any Acts relating to superannuation in respect of persons
who were, before the commencing day employed in connexion with Post Office
Services.

(7) In this section-

''assets'' includes-

   (a)  plant, equipment, stores and materials, motor vehicles and plant and
        equipment in the course of construction;

   (b)  book and other debts due to Australia and the benefit of any
        securities for those debts;

   (c)  the benefit that is capable of assignment of any contract;

   (d)  all other real or personal property, rights or interest to which
        Australia is entitled and which it may assign; and

   (e)  all appropriate records maintained by Australia;

''authorized officer'' means the Minister or an officer authorized by the
Minister.