Victorian Consolidated Legislation

Transport Act 1983 - SECT 77A

Power to give a guarantee in relation to a contract assigned by the Secretary

77A. Power to give a guarantee in relation to a contract assigned by the
Secretary



(1) Where-

   (a)  the rights and liabilities of the former Corporation under the
        relevant contract have been transferred to or vested in the Secretary
        on behalf of the Crown, whether by an assignment or an allocation or
        by any other operation of law; and





   (b)  those rights and liabilities under that contract are subsequently
        assigned to another person-

the Treasurer may give a guarantee, in favour of any person, guaranteeing the
due performance of any obligations of the person to whom the rights and
liabilities under the relevant contract are assigned, being obligations
arising under the relevant contract.

(2) Where-

   (a)  the rights and liabilities of a person under the relevant contract are
        assigned with the approval of the Treasurer to another person; and

   (b)  the obligations of the first-mentioned person under the relevant
        contract have been guaranteed under subsection (1)-

the Treasurer may give a guarantee, in favour of any person, guaranteeing the
due performance of any obligations of the second-mentioned person arising
under the contract.

(3) Where-

   (a)  the rights and liabilities of a person under the relevant contract are
        assigned with the approval of the Treasurer to another person; and

   (b)  the obligations of the first-mentioned person under the relevant
        contract have been guaranteed under subsection (1)-

the Treasurer may amend any guarantee given by him or her under subsection (1)
so that it extends to guaranteeing the due performance of any obligations of
the second-mentioned person under the relevant contract.

(4) Any sums required by the Treasurer for fulfilling any guarantee given by
him or her under this section must be paid out of the Consolidated Fund (which
is hereby to the necessary extent appropriated accordingly) and any sums
received or recovered by the Treasurer from the person whose obligations are
guaranteed, in respect of any sums so paid by the Treasurer, must be paid into
the Consolidated Fund.

(5) In this section relevant contract means the service contract entered into
between the former Corporation and OneLink Transit Systems Pty Ltd ACN 059 733
443 with effect from 24 May 1994 as amended, varied and restated from time to
time.



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