Western Australian Consolidated Acts

WATER SERVICES LICENSING ACT 1995 - SECT 46C

46C .         Transfer of assets etc.

        (1)         On and after the transfer day — 

            (a)         the assets specified in the transfer order vest in the transferee by force of this section;

            (b)         except as agreed, any agreement or instrument relating to the assets transferred has effect, by force of this section, as if the transferee were substituted for the transferor in the agreement or instrument;

            (c)         except as agreed, any proceedings or remedy that might have been commenced by or available against or to the transferor in relation to the assets may be commenced and are available, by or against or to the transferee;

            (d)         except as agreed, any act, matter or thing done or omitted to be done in relation to the assets before the transfer day by, to or in respect of the transferor (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to or in respect of the transferee; and

            (e)         the transferor is to deliver to the transferee all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to the assets transferred.

        (2)         In this section — 

        except as agreed means except as agreed between the transferor and transferee;

        transferor includes a person to whom, or through whom, the transferor is the legal successor.

        [Section 46C inserted by No. 33 of 1997 s. 3.]