AustLII Tasmanian Numbered Acts

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TASMANIAN HEALTH ORGANISATIONS AMENDMENT ACT 2012 (NO. 17 OF 2012) - SECT 6

Schedule 6 amended (Transitional and Savings Provisions)

Schedule 6 to the Principal Act is amended as follows:
(a) by inserting the following definitions after the definition of commencement day in clause 1 :
contract includes a contract, agreement, arrangement and undertaking;
State tax means any of the following, if imposed by any Act or law of Tasmania:
(a) a fee, including an application fee and registration fee;
(b) a tax, including a duty;
(c) a charge;
(b) by omitting paragraph (a) from clause 4(1) and substituting the following paragraph:
(a) transfer, to a Tasmanian Health Organisation specified in the notice, on the day specified in the notice as the day on which the transfer is to occur –
(i) any contract to which the Crown is a party; and
(ii) any property or right vested in the Crown; and
(iii) any liability of the Crown, or obligation of the Crown, whether actual, prospective or contingent; and
(c) by inserting in clause 4(1)(b) "contract," after "such" ;
(d) by inserting the following subclause after subclause (1) in clause 4 :
(1A) A day specified in a notice under subclause (1) as the date on which a transfer is to occur –
(a) may, if the notice is published in the Gazette before 1 July 2013, be a date before or after the date of the notice but not a date before 1 July 2012; or
(b) may, if the notice is published in the Gazette after 1 July 2013, only be a date after the date on which the notice is published.
(e) by omitting from clause 4(2)(d) "notice." and substituting "notice; and" ;
(f) by inserting the following paragraph after paragraph (d) in clause 4(2) :
(e) the Crown ceases to be a party to a contract specified in the notice unless the notice provides otherwise or except to the extent specified in the notice. 
(g) by inserting the following subclauses after subclause (3) in clause 4 :
(4) On and after the day specified in a notice under subclause (1)  –
(a) a contract specified in the notice is taken to have been made by the Tasmanian Health Organisation, specified in the notice, in place of the Crown; and
(b) a reference to the Crown in a contract specified in the notice is taken to be, or include, as appropriate, a reference to the Tasmanian Health Organisation specified in the notice.
(5) A person who is a party to a contract that is the subject of a notice under subclause (1) is not entitled to –
(a) terminate that contract; or
(b) claim that there has been a breach or default of the contract; or
(c) claim any remedy –
by reason only of the transfer by virtue of a notice under subclause (1) of that contract or of property, a right, or an obligation, to which that contract relates or arising from that contract.
(6) No State tax is payable in respect of –
(a) the transfer under this clause of any contract, property, right or obligation; or
(b) anything the Minister certifies as having been done as a consequence of that transfer.
(7) The Minister, by notice published in the Gazette , may amend or revoke a notice published under subclause (1) .



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