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COMMONWEALTH FUNCTIONS (STATUTES REVIEW) ACT 1981 - SECT 10
Sale by direct transfer of assets
- (1)
- An agreement entered into in accordance with section 7 may make
provision for the sale to which the agreement relates to be carried into
effect in accordance with this section and, in that case, the following
provisions of this section have effect.
- (2)
- The Authority shall, on the day
referred to in the agreement in accordance with subsection 7(1), upon receipt
of the consideration specified in the agreement, transfer to the purchaser
such of the rights, property or assets of the Authority as are required by the
agreement to be acquired by the purchaser.
- (3)
- Upon the transfer to the
purchaser of the rights, property or assets referred to in
subsection (2), the purchaser becomes, by force of this subsection,
liable to pay or discharge such debts, liabilities or obligations of the
Authority as are required by the agreement to be paid or discharged by the
purchaser and the Authority ceases to be liable to pay or discharge those
debts, liabilities or obligations.
- (4)
- If the purchaser becomes, by force of
subsection (3), liable to pay or discharge any debts, liabilities or
obligations of the Authority arising under or by virtue of the Compensation
(Commonwealth Government Employees) Act 1971 , then, for the purposes of the
application, in relation to any event that occurred before the day referred to
in the agreement in accordance with subsection 7(1), of that Act in relation
to a person who, at any time before that day, was an employee within the
meaning of that Act by virtue of being, or having been, employed by the
Authority, the purchaser shall be deemed to be the prescribed authority of the
Commonwealth in relation to that employee.
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