South East Queensland Water (Restructuring) Amendment Regulation (No. 1) 2011 (Qld)

Queensland South East Queensland Water (Restructuring) Amendment Regulation (No. 1) 2011 Subordinate Legislation 2011 No. 281 made under the SouthEastQueenslandWater(Restructuring)Act2007 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 5 Transfer of particular QWI matters to the State Division 1 Transfer of assets and liabilities 20 Divestment of assets, release of liabilities and transfer of assets and liabilities . . . . . . . . . . . . . . . . . 2 Division 2 Transition to the State 21 Successor in law . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 22 Instruments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 23 Legal proceedings and claims . . . . . . . . . . . . . . . . . . 4 24 Coordinator-General to administer . . . . . . . . . . . . . . . 4 4 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 4

South East Queensland Water (Restructuring) Amendment Regulation (No. 1) 2011 [s 1] 1 Short title This regulation may be cited as the South East Queensland Water (Restructuring) Amendment Regulation (No. 1) 2011 . 2 Regulation amended This regulation amends the South East Queensland Water (Restructuring) Regulation 2011. 3 Insertion of new pt 5 After section 19— insert— ‘Part 5 Transfer of particular QWI matters to the State ‘Division 1 Transfer of assets and liabilities ‘20 Divestment of assets, release of liabilities and transfer of assets and liabilities ‘(1) QWI is divested of all relevant QWI assets and released from all liabilities. ‘(2) Relevant QWI assets become the assets of the State. ‘(3) Liabilities of QWI are assumed by the State. ‘Division 2 Transition to the State ‘21 Successor in law The State is the successor in law of QWI in relation to the assets, liabilities and instruments of QWI acquired or assumed by the State under this part. Page 2 2011 SL No. 281

South East Queensland Water (Restructuring) Amendment Regulation (No. 1) 2011 [s 3] ‘22 Instruments ‘(1) A QWI instrument applies to the State in place of QWI. ‘(2) Without limiting subsection (1)— (a) any right, title, interest or liability arising under or relating to a QWI instrument is taken to be transferred from QWI to the State; and (b) a QWI instrument, including a benefit or right provided by a QWI instrument, given to, by or in favour of QWI is taken to have been given to, by or in favour of the State; and (c) the State is taken to be a party to each QWI instrument in place of QWI; and (d) a reference to QWI in a QWI instrument is taken to be a reference to the State; and (e) an application for a QWI instrument made in QWI’s name is taken to have been made in the State’s name; and (f) a QWI instrument under which an amount is, or may become, payable to or by QWI is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by QWI; and (g) a QWI instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by QWI is taken to be an instrument under which property is or may become liable to be transferred, conveyed or assigned to or by the State in the way the property was or might have become liable to be transferred, conveyed or assigned to or by QWI. ‘(3) In this section— QWI instrument means an instrument— (a) that— (i) is shown in the QWI instrument schedule as an instrument applying to QWI; or 2011 SL No. 281 Page 3

South East Queensland Water (Restructuring) Amendment Regulation (No. 1) 2011 [s 4] (ii) is not otherwise shown in the QWI instrument schedule but, immediately before the part 5 transfer day, is an instrument applying to QWI in relation to a relevant QWI asset or a liability of QWI; but (b) does not include QWI’s constitution or an instrument mentioned in the QWI exclusion schedule. QWI instrument schedule means a schedule held by the State showing instruments applying to QWI immediately before the part 5 transfer day. ‘23 Legal proceedings and claims ‘(1) A legal proceeding by or against QWI that is not finished before the part 5 transfer day must be continued and finished by or against the State. ‘(2) In this section— legal proceeding includes a claim under the Personal InjuriesProceedings Act 2002 or any other claim. ‘24 Coordinator-General to administer ‘The Coordinator-General is to administer, on behalf of the State, any matter for which this part provides.’. 4 Amendment of schedule (Dictionary) Schedule— insert— ‘ part 5 transfer day means the day part 5 commences. QWI exclusion schedule means a schedule held by the State showing instruments of QWI immediately before the part 5 transfer day that are excluded from the operation of this part. relevant QWI assets mean assets of QWI other than instruments shown in the QWI exclusion schedule.’. Page 4 2011 SL No. 281

South East Queensland Water (Restructuring) Amendment Regulation (No. 1) 2011 ENDNOTES 1 Made by the Governor in Council on 8 December 2011. 2 Notified in the gazette on 9 December 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Treasury Department. © State of Queensland 2011 2011 SL No. 281 Page 5