Victorian Consolidated Legislation

Financial Sector Reform (Victoria) Act 1999 - SECT 29

Continuation and preservation of certain civil proceedings involving AFIC

29. Continuation and preservation of certain civil proceedings involving AFIC



(1) This section applies to a proceeding-

   (a)  whether or not it arose or arises under the fiscal bodies legislation;
        and

   (b)  regardless of where it arose or arises.

(2) For the purposes of a proceeding commenced before the transfer date to
which AFIC was a party immediately before that date, the State of Queensland
is substituted for AFIC as a party to the proceeding.

(3) For the purposes of a proceeding not commenced before the transfer date
and which could if commenced after the date be brought against AFIC, or but
for the commencement of section 19 and the dissolution of AFIC, could have
been brought against AFIC, the proceeding may instead be brought against the
State of Queensland.

(4) For the purposes of this section, evidence that would have been admissible
for or against AFIC is admissible for or against the State of Queensland.

(5) This section does not apply to a proceeding for an offence.