New South Wales Consolidated Acts

PORTS ASSETS (AUTHORISED TRANSACTIONS) ACT 2012 - SECT 29

29 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 transfer of ports assets for the purposes of an authorised transaction,

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

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

(2) None of the matters or things to which this section applies 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 the rights and obligations of the parties to a transaction arrangement in respect of the performance of obligations under the transaction arrangement.

(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.