Queensland Consolidated Acts

TAFE QUEENSLAND ACT 2013 - SECT 50

50 Transfer of assets, liabilities etc. to relevant TAFE entity

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

(a) the transfer of a business, asset or liability of the relevant TAFE entity to another relevant TAFE entity;

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

(c) the grant of a lease, easement or other right from the relevant TAFE entity to another relevant TAFE entity;

(d) the variation or extinguishment of a lease, easement or other right held by the relevant TAFE entity;

(e) for a lease held by the relevant TAFE entity under the Land Act 1994 —

(i) transferring the lease; or

(ii) changing a purpose for which the lease is issued; or

(iii) changing a condition imposed on the lease; or

(iv) granting a sublease;

(f) for trust land for which the relevant TAFE entity is the trustee—

(i) removing the relevant TAFE entity as trustee; or

(ii) appointing another relevant TAFE entity as trustee; or

(iii) changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;

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

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

(i) the transfer or application of an instrument to the relevant TAFE entity, including, for example—

(i) whether the relevant TAFE entity is a party to an instrument; and

(ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of the relevant TAFE entity; and

(iii) whether a reference to an entity in an instrument is a reference to the relevant TAFE entity; and

(iv) whether, under an instrument, an amount is or may become payable to or by the relevant TAFE entity or other property is, or may be, transferred to or by the relevant TAFE entity; and

(v) whether a right or entitlement under an instrument is held by the relevant TAFE entity;

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

(k) the employees of the relevant TAFE entity transferred under paragraph (j) , and their terms and conditions of employment, rights and entitlements;

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

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

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

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

(m) the transfer of a student enrolment from the relevant TAFE entity to another relevant TAFE entity;

(n) whether any of the following registrations is taken to have been given to, or in favour of, the relevant TAFE entity or another relevant TAFE entity—

(i) registration as a registered provider under the Education (Overseas Students) Act 1996 ;

(ii) registration of a registered course under the Education (Overseas Students) Act 1996 ;

(o) whether a relevant TAFE entity is taken to be the supervising registered training organisation for a training contract under the VETE Act, chapter 3 ;

(p) the records of the relevant TAFE entity;

(q) anything incidental, consequential or supplemental to the restructure of the relevant TAFE entity.

(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 1999 ; and

(b) any industrial instrument.

(4) Subsection (2) (c) does not by implication limit the Statutory Instruments Act 1992 , section 26 .

(5) A transfer regulation may make provision about—

(a) how consideration mentioned in subsection (1) (b) is to be decided; and

(b) the changing of the consideration.

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

(7) In this section—

"employee" , of a relevant TAFE entity mentioned in section 49 (1) (d) , does not include a member of the board of the entity.

"record" includes any document.