Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 195

195 Novation of TransLink contracts to the State

(1) This section applies to a contract—

(a) to which, immediately before the transfer day, TransLink is a party; and

(b) that is not a service contract, work performance arrangement or contract of employment.

(2) The following apply despite any provision of the contract—

(a) the State is taken to be a party to the contract instead of TransLink;

(b) the State assumes TransLink’s liabilities and rights under the contract;

(c) a reference in the contract to TransLink is taken to be a reference to the State;

(d) changes to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.

(3) Subsection (2), or any thing done under it, does not—

(a) discharge or otherwise affect the contract or the performance of the contract by another party to it; or

(b) fulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.

(4) If the advice or consent of, or giving notice to, a person would be necessary to give effect to any matter under subsection (2)—

(a) the advice is taken to have been obtained; and

(b) the consent or notice is taken to have been given.

(5) In this section—

"contract" includes a deed or other instrument, whether or not for consideration.