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COMMONWEALTH FUNCTIONS (STATUTES REVIEW) ACT 1981 - SECT 23
Sale by direct transfer of assets
- (1)
- An agreement entered into in accordance with section 20 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 Trust shall, on the day
referred to in the agreement in accordance with subsection 20(1), upon receipt
of the consideration specified in the agreement, transfer to the purchaser
such of the rights, property or assets of the Trust 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 Trust
as are required by the agreement to be paid or discharged by the purchaser and
the Trust 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 Trust
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 20(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 Trust, the purchaser shall be
deemed to be the prescribed authority of the Commonwealth in relation to that
employee.
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