Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 108AB

108AB Transfer of assets, liabilities etc. to relevant entity

(1) A regulation (a
"transfer regulation" ) may make provision about all or any of the following for a relevant entity—

(a) the transfer of an asset or liability of the relevant entity to another relevant entity;

(b) the consideration for an asset or liability transferred under paragraph (a) ;

(c) whether and, if so, the extent to which the relevant entity is the successor in law of another relevant entity;

(d) a legal proceeding that is being, or may be, taken by or against the relevant entity to be continued or taken by or against another relevant entity;

(e) the transfer of an employee of the relevant entity to another relevant entity;

(f) the employees of the relevant entity transferred under paragraph (e) , and their terms and conditions of employment, rights and entitlements;

(g) the application of a particular industrial instrument to—

(i) the employees mentioned in paragraph (f) ; or

(ii) the relevant entity to which the employees mentioned in paragraph (f) are transferred; or

(iii) other employees of the relevant entity mentioned in subparagraph (ii) .

(2) A transfer regulation—

(a) may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land; and

(b) has effect despite any other law or instrument; and

(c) may provide for a matter by reference to a document held by an entity.

(3) To remove any doubt it is declared that a transfer regulation applies despite—

(a) the Industrial Relations Act 2016 ; and

(b) any industrial instrument.

(4) A transfer regulation may make provision about an accounting treatment in relation to a matter mentioned in subsection (1) .