Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 32

Agreement may empower State to call for transfer of property

32. Agreement may empower State to call for transfer of property



(1) The Agreement may provide that the State may call for the sale, transfer
or assignment to itself, or to another person, of any real or personal
property in which the Freeway Corporation has an interest (a property transfer
provision).

(2) A property transfer provision is not invalid and the State is not
prevented from exercising a power conferred by the provision by reason only of
a law or a rule of law under which the provision, or the exercise of the
power, would, but for this subsection, have been invalid because of any
mortgage, charge or other security held by the State over or in respect of the
property of the Freeway Corporation.

(3) The State may exercise any power under a property transfer provision even
if the provision is a penalty.