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DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016 (NO. 10 OF 2016) - SECT 57

Protection of contractual and other obligations

    (1)     This section applies to the following—

        (a)     the operation of this Act (including any order under this Act and anything done or omitted to be done under or for the purposes of this Act);

        (b)     the vesting of port assets by a transfer order for the purposes of an authorised transaction;

        (c)     the entering into or performance of obligations under a transaction arrangement by a public sector entity;

        (d)     the disclosure of information by, or on behalf of, or with the consent of a public sector entity for the purposes of an authorised transaction.

    (2)     None of the matters or things to which this section applies—

        (a)     is to be regarded as placing any person in breach of contract or confidence, in breach of a professional code or otherwise making the person guilty of a civil wrong; or

        (b)     is to be regarded as placing any person in breach of or as constituting a default under, or as requiring any act to be done under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating—

              (i)     the assignment, transfer, sale or disposal of any assets, rights or liabilities; or

              (ii)     the disclosure of any information; or

        (c)     is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in relation to or to terminate any agreement or obligation; or

        (d)     is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument; or

        (e)     is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

        (f)     is to be regarded as frustrating any contract; or

        (g)     releases a surety or other obligor wholly or partly from an obligation.

    (3)     In this section—

"Act "does not include the Charter of Human Rights and Responsibilities.



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