South Australian Consolidated Acts

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SOUTH AUSTRALIAN PORTS (BULK HANDLING FACILITIES) ACT 1996 - SECT 4

4—Sale of bulk handling facilities

        (1)         The Treasurer may by agreement (a "sale agreement") with another (the "purchaser") transfer title to the Corporations's bulk handling facilities to the purchaser.

There may be two or more agreements relating to different bulk handling facilities with the same purchaser or with different purchasers.

        (2)         A sale agreement—

            (a)         vests title to bulk handling facilities to which the agreement relates in the purchaser in accordance with its terms; and

            (b)         discharges those bulk handling facilities from any trust or other interest in favour of the Crown (except to the extent that any such interest may be expressly preserved under the terms of the agreement).

        (3)         A transfer of title under this section operates by force of this Act and despite the provisions of any other law or instrument.

        (4)         A sale agreement may require the purchaser to indemnify the Corporation against specified liabilities or liabilities of a specified class.

        (5)         The Treasurer—

            (a)         may apply the net proceeds of a sale under this section in discharging or recouping outstanding liabilities of the Corporation; and

            (b)         must pay the balance to the Asset Management Task Force Operating Account at the Treasury to be used for the purpose of retiring State debt.



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