SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 92AX Particular matters scheme may provide for

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 92AX

92AX Particular matters scheme may provide for

(1) The retransfer scheme may provide for all or any of the following—

(a) the following for trust land for which Allconnex is a trustee—

(i) its removal as the trustee;

(ii) the appointment of a withdrawn council as the trustee;

(b) for a matter other than for which this chapter provides—

(i) that a withdrawn council is Allconnex’s successor in law for the matter; and

(ii) if there is more than 1 successor—how the successors share the matter as Allconnex’s successors;

(c) the application or transfer of an instrument to a withdrawn council, including, for example, any of the following—

(i) whether a withdrawn council holds, or is a party to, an instrument;

(ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a withdrawn council;

(iii) whether a reference to an entity in an instrument is to be a reference to a withdrawn council;

(iv) whether, under an instrument, an amount is or may become payable to or by a withdrawn council or other property is, or may be, transferred to a withdrawn council;

(v) whether a right or entitlement under an instrument is held by a withdrawn council;

(d) the transfer to a withdrawn council of an employee of Allconnex and the employee’s work entitlements and conditions of employment;

(e) varying or terminating an instrument to which Allconnex and a withdrawn council are the parties;

(f) terminating the participation agreement between Allconnex and the withdrawn councils;

(g) extinguishing the withdrawn councils’ participation rights in Allconnex;

(h) the consideration for, or the value of the following—

(i) an asset or liability transferred under the retransfer;

(ii) participation rights extinguished;

(i) subject to part 8 , matters about Allconnex’s employees transferred under paragraph (d) and their rights;

(j) Allconnex’s or the withdrawn councils’ records, including, for example, about complying with the Public Records Act 2002 for Allconnex’s records and access to them.

(2) This section—

(a) does not limit section 92AR ; but

(b) is subject to the other provisions of this chapter.

(3) In this section—


"authority" includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan.


"instrument" includes an application or authority under an Act.


"trust land" includes land dedicated as a reserve, or granted in fee simple in trust, under the Land Act , chapter 3 , part 1 .