AustLII Tasmanian Numbered Acts

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ELECTRICITY REFORM ACT 2012 (NO. 52 OF 2012) - SECT 27

Effect of transfer order

(1)  On the transfer day in relation to a transfer order –
(a) any business (other than a liability) of –
(i) Aurora Energy or Transend; or
(ii) a subsidiary of Aurora Energy or Transend –
that is business specified in, or transferred by, the order, vests in the Crown; and
(b) any business of –
(i) Aurora Energy or Transend; or
(ii) a subsidiary of Aurora Energy or Transend –
that is a liability specified in, or transferred by, the order, becomes a liability of the Crown.
(2)  Except as otherwise provided in a transfer order, on and after the transfer day in relation to the order –
(a) a reference in an existing document –
(i) to Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend; or
(ii) to the board of directors of Aurora Energy or Transend, or of a subsidiary of Aurora Energy or Transend –
in relation to the transferring business is taken, where appropriate, to be or to include a reference to the Crown; and
(b) a contract made by Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend, relating to the transferring business but not performed or discharged before the transfer day is taken to have been made by the Crown; and
(c) a legal, or other, proceeding that could have been instituted by or against –
(i) Aurora Energy or Transend; or
(ii) a subsidiary of Aurora Energy or Transend –
immediately before the transfer day and that relates to the transferring business may be instituted by or against the Crown; and
(d) a legal, or other, proceeding that –
(i) is instituted by or against Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend; and
(ii) relates to the transferring business; and
(iii) is pending immediately before the transfer day –
may be continued by or against the Crown; and
(e) a document that is served on Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend, in respect of a proceeding referred to in paragraph (d) is taken to have been served on the Crown; and
(f) a judgment or order of a court or tribunal obtained by or against Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend, in relation to the transferring business may be enforced by or against the Crown but may not be enforced by or against Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend.



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