Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 32

Agreement may empower State to call for transfer of property

    (1)     The Agreement may provide that the State may call for the sale, transfer or assignment to itself, or to another person, of any real or personal property in which the Freeway Corporation has an interest (a property transfer provision ).

    (2)     A property transfer provision is not invalid and the State is not prevented from exercising a power conferred by the provision by reason only of a law or a rule of law under which the provision, or the exercise of the power, would, but for this sub-section, have been invalid because of any mortgage, charge or other security held by the State over or in respect of the property of the Freeway Corporation.

    (3)     The State may exercise any power under a property transfer provision even if the provision is a penalty.



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