Fisheries Act 1996

Performance of services by approved organisations - Transfer of property, rights, and obligations to chief executive

296H: Minister may transfer property, rights, and obligations to chief executive

You could also call this:

"The Minister can give property, rights, and ideas to the chief executive."

Illustration for Fisheries Act 1996

The Minister can transfer property, rights, and obligations to the chief executive. You need to know that this can happen if an order made under section 296B expires or is revoked by an order under section 296E. The Minister does this by sending a notice in writing to the person or organisation. The Minister can transfer property that is necessary for the organisation to do its job. This includes intellectual property, which means things like ideas, inventions, and creative works. The Minister can also transfer rights and obligations that the organisation has with other people. The Minister must send a copy of the notice to the organisation if it is sent to someone else. In this section, intellectual property has a specific meaning that is defined in international agreements. It includes things like patents, copyrights, and trade marks.

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296G: Purpose of sections 296H to 296N, or

"What happens when a special order under the Fisheries Act ends or is cancelled"


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296I: Minister to give notice before transferring property, etc, or

"The Minister must tell you before transferring property or rights"

Part 15APerformance of services by approved organisations
Transfer of property, rights, and obligations to chief executive

296HMinister may transfer property, rights, and obligations to chief executive

  1. If an order made under section 296B expires or is revoked by an order under section 296E (whether or not that order has come into force), the Minister may transfer to the chief executive,—

  2. by notice in writing to an approved service delivery organisation or any other person, any property of that organisation or person (including intellectual property) that is necessary for the performance or exercise of the functions, duties, and powers for which the organisation is or was responsible under the order made under section 296B; and
    1. by notice in writing to any person other than an approved service delivery organisation, any rights and obligations of an approved service delivery organisation under any agreement or arrangement (including an employment contract) with that person that relate to the performance or exercise of those functions, duties, or powers.
      1. The Minister must send a copy of a notice given under subsection (1)(b) to the approved service delivery organisation.

      2. In this section and sections 296I to 296N,—

        intellectual property

        1. has the meaning provided for in Article 2 of the Convention establishing the World Intellectual Property Organisation done at Stockholm on 14 July 1967 and in the World Trade Organisation Agreement on the Trade Related Aspects of Intellectual Property Rights done at Marrakesh on 15 April 1994; and
          1. includes all intellectual property rights, including (without limitation) rights relating to circuit layouts and semiconductor chip products, confidential information, copyright, geographical indications, patents, plant varieties, registered designs, registered and unregistered trade marks, and service marks

            specified person means a person to whom a notice is given under subsection (1)(a) or (b) or subsection (2).

            Notes
            • Section 296H: inserted, on , by section 65 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).