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LAND AND PROPERTY INFORMATION NSW (AUTHORISED TRANSACTION) ACT 2016 - SECT 43
Protection against breach of contractual and other obligations
43 Protection against breach of contractual and other obligations
(1) The following matters and things are protected by this section-- (a) the
operation of this Act (including any regulation or order under this Act),
(b)
the transfer of titling and registry assets for the purposes of the
authorised transaction,
(c) the entering into or performance of obligations
under a transaction, agreement or other arrangement for the purposes of the
authorised transaction,
(d) a disclosure of information by, on behalf of or
with the consent of a public sector agency for the purposes of the
authorised transaction,
(e) anything else done or omitted to be done under or
for the purposes of this Act or the authorised transaction.
(2) None of the
matters or things protected by this section are to be regarded as-- (a) a
breach of contract or confidence or otherwise as a civil wrong, or
(b) a
breach of any instrument (including, without limitation, any provision
prohibiting, restricting or regulating the assignment or transfer of assets,
rights or liabilities) or as requiring any act to be done under an instrument,
or
(c) giving rise to any right or remedy by a party to a contract or other
instrument, or as causing or permitting the termination of, or exercise of
rights under, any contract or other instrument, or
(d) an event of default
under any contract or other instrument, or
(e) giving rise to a breach of or
an offence against a provision of an Act that prohibits or restricts the
disclosure of information, or
(f) releasing a surety or other obligee wholly
or in part from an obligation.
(3) This section does not affect rights and
obligations that arise under a transaction, agreement or other arrangement
entered into for the purposes of the authorised transaction.
(4) In this
section,
"instrument" means an instrument (other than an instrument made under this
Act) or any other document that creates, modifies or extinguishes rights or
liabilities (or would do so if lodged, filed or registered in accordance with
any law), and includes any judgment, order, process or other instrument issued
by a court or tribunal.
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