Queensland Consolidated Acts

ENERGY ASSETS (RESTRUCTURING AND DISPOSAL) ACT 2006 - SECT 9

(1) For the purpose of the project, the Minister may, by gazette notice (a transfer notice), do any of the following--

(a) transfer shares in an energy entity to another energy entity or the State;

(b) transfer a business, asset or liability of an energy entity to another energy entity or the State;

(c) make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b);

(d) grant a lease, easement or other right to an energy entity;

(e) vary or extinguish a lease, easement or other right held by an energy entity;

(f) provide whether and, if so, the extent to which an energy entity is the successor in law of another energy entity or the State is the successor in law of an energy entity;

(g) make provision for a legal proceeding that is being, or may be, taken by or against an energy entity to be continued or taken by or against another energy entity or the State;

(h) make provision about the application of instruments to an energy entity, including--

(i) whether an energy entity is a party to an instrument; and

(ii) whether an instrument is taken to have been given to, by or in favour of an energy entity; and

(iii) whether a reference to an entity in an instrument is a reference to an energy entity; and

(iv) whether, under an instrument, an amount is or may become payable to or by an energy entity or other property is, or may be, transferred to or by an energy entity;

(i) transfer or second an employee of an energy entity to another energy entity;

(j) make provision about the employees of an energy entity and their rights;

(k) make provision about the records of an energy entity;

(l) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the project.

(2) A transfer notice may include conditions applying to something done under the notice.

(3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is--

(a) signed by the Minister; and

(b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.

(4) The transfer of a liability of an energy entity under this section discharges the entity from the liability.

(5) A transfer notice has effect despite any other law or instrument.

(6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it.

(7) In this section--

employee, of an energy entity, does not include a director of the entity.