Transfer of contractual rights and obligations
18 Transfer of contractual rights and obligations
This section applies to a contract (other than a contract of employment) to which the Commission is a party.
The Minister may, by writing, declare that the Commission’s rights and obligations under a specified contract:
cease to be rights and obligations of the Commission at a specified time; and
become rights and obligations of the nominated company at that time.
The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commission were a reference to the nominated company.
The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commission’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commission were a reference to the nominated company.
The Minister may, by writing, declare that the nominated company becomes the Commission’s successor in law, in relation to the Commission’s rights and obligations under a specified contract, immediately after the Commission’s rights and obligations under the contract become rights and obligations of the nominated company.
A declaration under this section has effect accordingly.
A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.
If a declaration under this section relates to any of the following contracts:
a contract under which contributions are made to the Medibank Private fund;
a contract under which a person agrees to supply goods or services to a contributor to the Medibank Private fund or to a dependant of such a contributor;
an applicable benefits arrangement (within the meaning of the National Health Act 1953);
a hospital purchaser‑provider agreement (within the meaning of the National Health Act 1953);
a medical purchaser‑provider agreement (within the meaning of the National Health Act 1953);
the time specified under subsection (2) or (3) must be a time that occurs during the fund‑transfer day.
This section does not, by implication, limit section 17 or 19.
A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.
In paragraph (8)(b):
goods has the same meaning as in the Competition and Consumer Act 2010.
person includes a partnership.
services has the same meaning as in the Competition and Consumer Act 2010.
supply has the same meaning as in the Competition and Consumer Act 2010.
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