SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 92CM
Effect on legal relationships
SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 92CM
Effect on legal relationships
92CM Effect on legal relationships
(1) Nothing done under this chapter, including a thing done under, or in
compliance with, a retransfer document—
(a) makes a relevant entity liable
for a civil wrong or a contravention of a law or for a breach of a contract,
confidence or duty; 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.
(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) For subsection (1)
, (2) or (3) , a thing done under this chapter, or doing something under this
chapter, extends to the doing of all acts preparatory to or otherwise for the
purposes of doing the thing, including, for example, all things done in
preparation for any of the following matters—
(a) Allconnex ceasing to be a
service provider;
(b) a withdrawn council becoming a service provider for its
local government area;
(c) the retransfer;
(d) Allconnex’s dissolution;
(e) anything consequential or incidental to a matter mentioned in paragraph
(a) to (d) .
(5) In this section—
"relevant entity" means all or any of the following—
(a) the State or an
employee or agent of the State;
(b) a withdrawn council or any of its
councillors, employees or agents;
(c) Allconnex, a member of its board or an
employee or agent of Allconnex.