Transfer of liabilities from Comcare
6 Transfer of liabilities from Comcare
Liabilities may be transferred from Comcare
The Minister may, by written instrument, declare that a liability that ceased to be a liability of a Commonwealth authority and became a liability of Comcare under section 5 ceases to be a liability of Comcare and becomes a liability of:
the authority; or
an entity that is a successor in law of the authority.
If the Minister makes a written instrument under subsection (1) then, immediately after the instrument is made:
the liability ceases to be a liability of Comcare and becomes a liability of the authority or entity (as the case requires); and
the authority or entity becomes the successor in law in relation to the liability.
Publication in Gazette
The Minister must publish a copy of an instrument made under subsection (1) in the Gazette.
A failure to comply with subsection (3) does not affect the validity of any declaration made under this section.
Instruments not legislative instruments
An instrument made under subsection (1) is not a legislative instrument.
Minister may not repeal, vary etc. instruments
Subsection 33(3) of the Acts Interpretation Act 1901 does not apply in relation to this section.
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