Victorian Consolidated Legislation

Commonwealth Games Arrangements Act 2001 - SCHEDULE 6

Section 57D CORPORATION ABOLISHED AND TRANSFER OF ASSETS AND LIABILITIES

1. Definition

In this Schedule, abolition date means the date that Part 1A of this Act
expires.

2. Abolition of Corporation

On the abolition date, the Corporation is abolished.

3. Members of Board go out of office

A person holding office as a member of the Board immediately before the
abolition date ceases to hold that office on that date.

4. Abolition of committees

On the abolition date-

   (a)  any committee established by the Corporation under section 4R is
        abolished; and

   (b)  a person holding office as a member of a committee referred to in
        paragraph (a) immediately before the abolition date ceases to hold
        that office.

5. Transfer of assets and liabilities



(1) On the abolition date, all assets, property (including intellectual
property) and rights vested in or held by the Corporation immediately before
the abolition date vest, by force of this subclause, in the State.



(2) On the abolition date, all liabilities of the Corporation existing
immediately before the abolition date become, by force of this subclause,
liabilities of the State.

(3) On the abolition date, the State is, by force of this subclause,
substituted as a party to-

   (a)  subject to subclause (5), any current agreement, contract, lease or
        other arrangement; and

   (b)  any proceedings pending in any court or tribunal-

to which the Corporation or the Board was a party immediately before the
abolition date.

(4) The operation of subclause (3) does not confer on a party (other than the
State) to an agreement, contract, lease or other arrangement any right or
benefit not existing before the abolition date.

(5) Nothing in this clause operates to transfer to the State any current
agreement, contract or other arrangement relating to terms or conditions of
employment of persons employed under section 4G, 4T or 4U.

6. Validity of things done under this Schedule

Nothing effected or to be effected by this Schedule or done or suffered under
this Schedule-

   (a)  is to be regarded as placing any person in breach of contract or
        confidence or as otherwise making any person guilty of a civil wrong;
        or

   (b)  is to be regarded as placing any person in breach of, or as
        constituting a default under, any Act or other law or obligation or
        any provision in any agreement, arrangement or understanding
        including, but not limited to, any provision or obligation
        prohibiting, restricting or regulating the assignment, transfer, sale
        or disposal of any property or the disclosure of any information; or

   (c)  is to be regarded as fulfilling any condition that allows a person to
        exercise a power, right or remedy in respect of or to terminate any
        agreement or obligation; or

   (d)  is to be regarded as giving rise to any remedy for a party to a
        contract or an instrument or as causing or permitting the termination
        of any contract or instrument because of a change in the beneficial or
        legal ownership of any asset, right or liability; or

   (e)  is to be regarded as causing any contract or instrument to be void or
        otherwise unenforceable; or

   (f)  is to be regarded as frustrating any contract; or

   (g)  releases any surety or other obligor wholly or in part from any
        obligation.

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