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s 42

Assignment of rights under contract

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Part 5Regular passenger services

42 Assignment of rights under contract

(1)

The holder of a service contract must not transfer, assign, subcontract or otherwise deal with a right, power or duty under the contract except with the consent of the Minister. Maximum penalty: Penalty: Division 3 fine.

(2)

The Minister must not consent to the transfer, assignment, subcontracting or other dealing unless it is satisfied—

(a)

that adequate provision will be made for the operation of the relevant service; and

(b)

as to any other matter the Minister considers relevant.

(3)

A person to whom a right, power or duty under a service contract is transferred, assigned or subcontracted must, according to the extent and nature of the particular dealing, perform the obligations of the contract holder under the contract (and, unless otherwise determined by the Minister, will be taken to be a party to the contract).

(4)

A purported dealing in contravention of subsection (1) is void.

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