Assets, rights and liabilities outside of New South Wales
4 Assets, rights and liabilities outside of New South Wales
If any asset to which this Schedule applies—
is vested in the former Secretary under the law of an external jurisdiction immediately before the conversion day, and
does not, despite clause 2 (1) (a), become vested in corporatised AGL under the law of that jurisdiction,
the former Secretary—
subject to paragraph (d), holds that asset, for the purposes of the law of New South Wales, in trust for the sole benefit of corporatised AGL until such time as the asset becomes vested in corporatised AGL under the law of the external jurisdiction or the trust is otherwise terminated, and
if it is possible for the former Secretary to vest the asset in corporatised AGL under the law of that external jurisdiction by effecting a conveyance, transfer, assignment or assurance and corporatised AGL directs it—must, in accordance with any such direction, effect any such conveyance, transfer, assignment or assurance.
Note—
For example, paragraph (d) enables corporatised AGL to direct that the legal title to an asset be transferred to it as the beneficial owner of the asset.
The trust created by subclause (1) (c) is to be treated, for all purposes, as if it was a bare trust declared by the former Secretary inter vivos.
Note—
The general law relating to the law of trusts applies to the trust created by subclause (1) (c).
Corporatised AGL is the person nominated by this Act for the purposes of appointing a new trustee under Division 1 of Part 2 of the Trustee Act 1925 in respect of the trust created by subclause (1) (c).
Note—
The provisions of Division 1 of Part 2 of the Trustee Act 1925 provide for the appointment and removal of trustees.
If any right to which this Schedule applies—
is exercisable by the former Secretary under the law of an external jurisdiction, and
does not, despite clause 2 (1) (b), become a right of corporatised AGL on or after the conversion day under the law of that jurisdiction,
the former Secretary (or any person entitled to exercise the right instead of the former Secretary) must exercise that right in accordance with any directions given by corporatised AGL from time to time.
If any liability to which this Schedule applies—
is a liability enforceable against the former Secretary of AGL under the law of an external jurisdiction, and
does not, despite clause 2 (1) (c), become a liability of corporatised AGL on or after the conversion day under the law of that jurisdiction,
the former Secretary (or, if the former Secretary is deceased, the estate of the former Secretary) is entitled to be indemnified by corporatised AGL against the liability.
In this clause—
external jurisdiction means any of the following—
a State (other than New South Wales),
a Territory,
the Commonwealth,
a jurisdiction outside of Australia.
former Secretary means the person who held office as Secretary of AGL immediately before the conversion day.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.