Victorian Current Acts

RAIL MANAGEMENT ACT 1996 - SECT 120

    (1)     On the appointed day—

        (a)     the Southern Cross Station Authority is abolished and the directors and the chief executive officer cease to hold their offices under this Act;

        (b)     all rights, property and assets that, immediately before the appointed day were vested in the Southern Cross Station Authority, vest in the Secretary, on behalf of the Crown;

        (c)     all debts, liabilities and obligations of the Southern Cross Station Authority existing immediately before the appointed day, become debts, liabilities and obligations of the Secretary, on behalf of the Crown;

        (d)     the Secretary, on behalf of the Crown, is substituted as a party to any proceedings pending in any court or tribunal to which the Southern Cross Station Authority was a party immediately before the appointed day;

        (e)     the Secretary, on behalf of the Crown, is substituted as a party to any arrangement or contract entered into by or on behalf of the Southern Cross Station Authority and in force immediately before the appointed day;

        (f)     any reference to the Southern Cross Station Authority in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, so far as it relates to any period after the appointed day, and if not inconsistent with the context or subject-matter, must be construed as a reference to the Secretary, on behalf of the Crown.

    (2)     Nothing effected under subsection (1) or done or suffered under subsection (1)—

        (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;

        (b)     is to be regarded as placing any person in breach of, or as constituting a default under any Act (other than the Charter of Human Rights and Responsibilities ) or other law or obligation or any provision in any agreement or understanding, including, but not limited to, any provision or obligation prohibiting or restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information;

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

        (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;

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

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

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

S. 121 inserted by No. 26/2009 s. 8.