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s 858

Part applies despite laws or instruments

In force
Chapter 12Industrial organisations and associated entities
Part 14Amalgamations and withdrawals
Division 5Miscellaneous

858 Part applies despite laws or instruments

(1)

This part applies despite another Act or other instrument.

(2)

Nothing done under this part—

(a)

makes an organisation or other person liable for a civil wrong or a contravention of a law or for a breach of a confidence or contract; orExample for a contract—

a contractual provision that prohibits, restricts or regulates assigning or transferring an asset or liability or disclosing information

(b)

releases a surety’s obligations, wholly or in part.

(3)

If apart from this section a person’s consent would be necessary to give effect to this part, the consent is taken to have been given.

(4)

In this section—

instrument means any written or oral instrument, express or implied.Examples of an instrument—

• a contract, deed, undertaking or agreement

• a mandate, instruction, notice, authority or order

• a lease, licence, transfer, conveyance or other assurance

• a guarantee, bond, power of attorney, bill of lading, negotiable instrument or order to pay an amount

• a mortgage, lien or security

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