AustLII Tasmanian Numbered Acts

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WATER AND SEWERAGE CORPORATIONS ACT 2008 (NO. 12 OF 2008) - SECT 40

PART 3 - Transfer of Water and Sewerage Assets, Rights, Liabilities and Employees Interpretation and application

In this Part –
asset means, in relation to a transferor, property of any kind whether tangible or intangible, real or personal, present or future, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective, to the extent that it relates, directly or indirectly, to the water and sewerage functions of that transferor and includes, without limitation, any –
(a) legal or equitable estate or interest in real or personal property; and
(b) chose in action; and
(c) money, documents or securities; and
(d) infrastructure; and
(e) plant and equipment; and
(f) intellectual property; and
(g) goodwill; and
(h) records; and
(i) any other right;
employee means, in relation to a transferor, an employee of that transferor engaged, directly or indirectly, in whole or in part, in performing the water and sewerage functions of that transferor;
liability means, in relation to a transferor, any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, and whether owed alone or jointly or jointly and severally with any other person, to the extent that it relates, directly or indirectly, to the water and sewerage functions of that transferor;
records means, in relation to a transferor, registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored, to the extent that they relate, directly or indirectly, to the water and sewerage functions of that transferor;
right means, in relation to a transferor, any right, power, privilege or immunity whether actual, contingent or prospective, to the extent that it relates, directly or indirectly, to the water and sewerage functions of that transferor;
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;
transferee means a council, a bulk water authority or a Corporation, or a subsidiary of any of them, to which any employees, assets, rights or liabilities are transferred;
transferor means a council, a bulk water authority or a Corporation, or a subsidiary of any of them, or the Crown from which any employees, assets, rights or liabilities are transferred, or any person prescribed by the regulations.



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