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

11   Transfer of contractual rights and obligations

(1) This section applies to a contract (other than a contract of employment):

(a) that related or relates to the AGHS; and

(b) to which the Commonwealth is a party.

(2) The Minister may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:

(a) cease to be rights and obligations of the Commonwealth at a specified time; and

(b) become rights and obligations of the nominated company at that time.

(3) The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to the nominated company.

(4) The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commonwealth were a reference to the nominated company.

(5) The Minister may, by writing, declare that the nominated company becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company.

(6) A declaration under this section has effect accordingly.

(7) A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.

(8) A time specified under subsection (2) or (3) must be a time when the nominated company is Commonwealth-owned.

(9) This section does not, by implication, limit section 10.

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