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SUPERANNUATION ADMINISTRATION CORPORATION (PILLAR) (AUTHORISED TRANSACTION) ACT 2016 - SECT 5
Payment and application of proceeds of transaction
5 Payment and application of proceeds of transaction
(1) The proceeds of the transfer of Pillar assets to the private sector
pursuant to the authorised transaction (
"the transaction proceeds" ) belong to and are payable directly to the State.
(2) The transaction proceeds paid to the State are to be paid into the Restart
NSW Fund (
"the Restart Fund" ) established under the Restart NSW Fund Act 2011 .
(3)
The following deductions are authorised to be made from the transaction
proceeds: (a) deduction of such amounts as the Treasurer approves to repay
debt and satisfy other liabilities of a public sector agency in respect of
Pillar assets transferred for the purposes of the authorised transaction,
(b)
deduction of such amounts as the Treasurer approves to reimburse public sector
agencies for payments made by them in respect of any tax, duty, fee or charge
imposed by any Act or law of the State or any other jurisdiction in connection
with a transaction arrangement,
(c) deduction of such amounts as the
Treasurer approves to satisfy any liability of a public sector agency arising
under or in connection with a transaction arrangement,
(d) deduction of such
amounts as the Treasurer approves to meet expenses reasonably incurred by
public sector agencies for the purposes of the authorised transaction.
(4)
The transaction proceeds do not include any amount certified by the Treasurer
as paid or payable to a public sector agency as a tax, duty, fee or charge
imposed by any Act or law of the State in connection with a transaction
arrangement.
(5) The deductions authorised to be made from the transaction
proceeds may be made before payment of the transaction proceeds into the
Restart Fund, or may be made by payment from the Restart Fund.
(6) The
requirements of this section do not affect the validity of a transaction
arrangement.
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