Victorian Current Acts

GAS INDUSTRY (RESIDUAL PROVISIONS) ACT 1994 - SECT 89

S. 89(1) amended by No. 91/1997
s. 33(a).

    (1)     Nothing effected or to be effected by this Act or done or suffered under this Act (including without limitation the transfer or vesting of any property, rights or liabilities in accordance with Part 7)—

        (a)     is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

        (b)     is subject to compliance with or is to be regarded as placing any person in breach of or as constituting a default under any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or

        (c)     is to be regarded as fulfilling any condition which allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or

        (d)     is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or

        (e)     is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

        (f)     is to be regarded as frustrating any contract; or

        (g)     releases any surety or other obligee wholly or in part from any obligation.

    (2)     The validity of any act or transaction of a gas corporation or its chief executive officer must not be called in question in any proceedings on the ground that any provision of this Act or the Gas and Fuel Corporation Act 1958 had not been complied with.

    (3)     For the avoidance of doubt, "contract", in this section, includes without limitation each agreement, contract or document referred to in Schedule 4.

S. 90 repealed by No. 73/2005 s. 4(Sch. 2 item 3.11).

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S. 90A inserted by No. 31/1995
s. 42.