Queensland Numbered Acts Queensland Numbered Acts(1) This section applies to a contract prescribed under a regulation—
(a) in force immediately before the commencement; and
(b) to which the State is a party; and
(c) that relates to the performance of a function by or for the State that will, from the commencement, be a function of the authority; and
(d) that is not a contract of employment.
(2) On the commencement, the following apply despite any provision of the contract—
(a) the authority is taken to be a party to the contract instead of the State;
(b) the authority assumes the State's liabilities and rights under the contract;
(c) a reference in the contract to the State is taken to be a reference to the authority;
(d) changes to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.
(3) Subsection (2), or any thing done under it, does not—
(a) discharge or otherwise affect the contract or the performance of the contract by another party to it; or
(b) fulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.
(4) If the advice or consent of, or giving notice to, a person would be necessary to give effect to any matter under subsection (2)—
(a) the advice is taken to have been obtained; and
(b) the consent or notice is taken to have been given.
(5) To remove any doubt, it is declared that—
(a) a State is a party to a contract entered into by an entity that is a manifestation of, or that represents, the State (a State entity), either for the State or in the entity's own right; and
Examples of manifestations of the State—
the department responsible for the administration of the Transport Infrastructure Act 1994, the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Pollution) Act 1995
Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002
(b) a reference in a contract to the performance of a function by or for the State includes a reference to performance of that function by or for a State entity; and
(c) a liability that, under a contract, is expressed to be a liability of a State entity is a liability of the State under that contract; and
(d) a right that, under a contract, is expressed to be a right of a State entity is a right of the State under that contract; and
(e) a reference in a contract to a named State entity is a reference to the State.
(6) For subsection (1)(c), a contract relating to the performance of a function by or for the State includes a contract under which a guarantee, indemnity or other form of surety is given for the performance of the function by or for the State.
(7) In this section—
contract includes a deed or other instrument under which a guarantee, indemnity or other form of surety is given in favour of the State, whether or not for consideration.