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COMMONWEALTHAct
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s 19

Transfer of liabilities

In force
Part 2Transitional provisions relating to the transfer of Medibank Private from the Health Insurance Commission to a separate organisation (the nominated company)
Division 4Transfer of Medibank Private from the Commission to the nominated company
Subdivision BTransfers of assets, contracts and liabilities

19 Transfer of liabilities

(1)

This section applies to a liability of the Commission.

(2)

The Minister may, by writing, make any or all of the following declarations:

(a)

a declaration that a specified liability ceases to be a liability of the Commission and becomes a liability of the nominated company at a specified time;

(b)

a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commission were a reference to the nominated company;

(c)

a declaration that the nominated company becomes the Commission’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.

(3)

A declaration under subsection (2) has effect accordingly.

(4)

A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.

(5)

If a declaration under subsection (2) relates to a liability of the Medibank Private fund, the time specified under subsection (2) must be a time that occurs during the fund‑transfer day.

Note:

A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.

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