Vesting of port assets in transferee
18 Vesting of port assets in transferee
When port assets are vested by a vesting order:
(a) any assets comprised in the port assets vest in the transferee by operation of this Part and without the need for any conveyance, transfer, assignment or assurance; and
(b) any rights and liabilities comprised in the port assets become, by operation of this Part, rights and liabilities of the transferee; and
(c) any proceedings relating to the port assets by or against the transferor that are pending immediately before the vesting are taken to be proceedings pending by or against the transferee; and
(d) the transferee has all the entitlements and obligations (whether actual or potential) in relation to the port assets that the transferor would have had but for the vesting; and
(e) any act, matter or thing done or omitted to be done in relation to the port assets by, to or in respect of the transferor is (to the extent that the act, matter or thing continues to have any force or effect) taken to have been done or omitted by, to or in respect of the transferee; and
(f) a reference in any Act, any instrument made under any Act or any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to the port assets) to be read as, or as including, a reference to the transferee; and
(g) the transferee becomes, by operation of this Part, the successor in law of the transferor in relation to the port assets.
(2) The vesting of land that is subject to a lease is valid without an attornment by the lessee.
(3) This section is subject to any provision made by the vesting order.
This Act’s bill:Explanatory statementSecond reading speech
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