5—Preparation for restructuring and disposal
(1) The following
actions (collectively referred to as the
"authorised project") are authorised:
(a)
determination of the most appropriate means of disposing of the TAB business;
(b)
examination of relevant assets and liabilities;
(c)
action that the Minister authorises in preparation for disposal of the
business.
(2) The
authorised project is to be carried out by—
(a)
persons employed by the Crown and assigned to work on the project; and
(b)
employees of TAB or TABCO assigned to work on the project; and
(c)
other persons whose services are engaged by the Crown or TAB or TABCO for the
purpose of carrying out the project; and
(d)
other persons approved by the Minister whose participation or assistance is,
in the opinion of the Minister, reasonably required for the purposes of the
project.
(3) The Minister (or
the Minister's delegate) may, despite any other law or instrument, authorise
prospective purchasers and their agents to have access to information in the
possession or control of TAB or TABCO that should, in the Minister's opinion
(or the delegate's opinion), be made available to the prospective purchasers
for the purposes of the authorised project.
(4) Members and
employees of TAB and directors and employees of TABCO must, despite any other
law or instrument—
(a)
allow persons engaged on the authorised project access to information in the
possession or control of TAB or TABCO that is reasonably required for, or in
connection with, the carrying out of the authorised project; and
(b) do
whatever is necessary to facilitate the provision of the information to
persons entitled to access to the information under subsection (3); and
(c)
provide other co-operation, assistance and facilities that may be reasonably
required for, or in connection with, the carrying out of the
authorised project.
(5) A person who is in
a position to grant or refuse access to information to which this section
relates may deny access to a person who seeks access to the information unless
the person produces a certificate issued by the Minister (or the Minister's
delegate) certifying that the person is entitled to access to information
under this section and the basis of the entitlement.
(6) Despite the
preceding subsections, access to information about particular employees'
employment histories or other personal information about employees must not be
given except to the purchaser once a sale agreement has been executed.