Transfer of contractual rights and obligations
11 Transfer of contractual rights and obligations
This section applies to a contract (other than a contract of employment):
that related or relates to the AGHS; and
to which the Commonwealth is a party.
The Minister may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:
cease to be rights and obligations of the Commonwealth 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 Commonwealth 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 Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commonwealth were a reference to the nominated company.
The Minister may, by writing, declare that the nominated company becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’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.
A time specified under subsection (2) or (3) must be a time when the nominated company is Commonwealth‑owned.
This section does not, by implication, limit section 10.
A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.
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