Hearing Services and AGHS Reform Act 1997 (82 of 1997)

Part 2   Transitional provisions relating to the corporatisation of the Australian Government Health Service (AGHS)

Division 2   Transfers from the Commonwealth to the nominated company

12   Transfer of liabilities

(1) This section applies to a liability of the Commonwealth that related or relates to the AGHS.

(2) The Minister may, by writing, make any or all of the following declarations:

(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the nominated company at a specified time;

(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;

(c) a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.

(3) A declaration under subsection (2) has effect accordingly.

(4) A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.

(5) A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth-owned.

Note: A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.