SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 68
Effect on legal relationships
SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 68
Effect on legal relationships
68 Effect on legal relationships
(1) Nothing done under this chapter including a thing done by or in compliance
with, a transition document—
(a) makes a relevant entity liable for a civil
wrong or a contravention of a law or for a breach of a contract or confidence;
or
(b) makes a relevant entity in breach of any instrument, including an
instrument prohibiting, restricting or regulating the assignment, novation or
transfer of a right or liability or the disclosure of information; or
(c) is
taken to fulfil a condition that—
(i) allows a person to terminate an
instrument or obligation or modify the operation or effect of an instrument or
obligation; or
(ii) allows a person to enforce an obligation contained in an
instrument or requires a person to perform an obligation contained in an
instrument; or
(iii) requires any money to be paid before its stated
maturity; or
(d) releases a surety or other obligee, wholly or partly, from
an obligation.
(2) If apart from this subsection, the advice, consent or
approval of a person would be necessary to do something under this chapter,
the advice is taken to have been obtained or the consent or approval is taken
to have been given unconditionally.
Example—
A contract entered into by a
local government provides that it agrees not to transfer a particular asset
without a particular person’s consent and that if the consent is given, it
may be subject to particular conditions.
If the asset is transferred to a distributor-retailer under a transfer scheme
or transfer notice, the consent required under the contract is taken to have
been given unconditionally.
(3) If apart from this Act, giving notice to a
person would be necessary to do something under this chapter, the notice is
taken to have been given.
(4) In this section—
"relevant entity" means—
(a) the State or an employee or agent of the State;
or
(b) a participating local government for a distributor-retailer or any of
the local government’s councillors, employees or agents; or
