Commonwealth Numbered Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Definitions  
   4.      The sale day  
   5.      Act binds the Crown  
   6.      Nomination of Newco  
   7.      Staff member of the Authority may consent to being employed by Newco  
   8.      Certain staff members of the Authority to become employees of Newco  
   9.      Subdivision not to affect certain matters relating to transferring staff members  
   10.     Variation of terms and conditions of employment  
   11.     Transferring staff member not to be eligible for re-appointment under the Public Service Act 1922  
   12.     Certain assets and liabilities of the Authority and Pacenco to become assets and liabilities of Newco  
   13.     References in certain instruments to the Authority or Pacenco to be references to Newco on and after the sale day  
   14.     Dual destination interests become assets of Newco and the Commonwealth  
   15.     Dual destination instruments that do not create easements  
   16.     Dual destination instruments that create easements  
   17.     Transfer to the Commonwealth of easements of the Authority or Pacenco that are not specified in the easement agreement  
   18.     Instruments relating to the easements of the Authority or Pacenco that are not specified in the easement agreement  
   19.     Commonwealth-guaranteed debts of the Authority become debts of the Commonwealth  
   20.     Instruments relating to Commonwealth-guaranteed debts  
   21.     Commonwealth and Authority liable to pay certain amounts in relation to Commonwealth-guaranteed debts  
   22.     Commonwealth liable to pay an amount to the Authority equal to Authority's debts to the Commonwealth and set-off of debts  
   23.     Cancellation of debts owed by Pacenco to the Authority  
   24.     Exemption from certain State and Territory stamp duties  
   25.     Certificates in relation to interests in land  
   26.     Certificates in relation to other assets  
   27.     Ending of certain rights that restrict the transfer of the Moomba-Sydney pipeline system  
   28.     Authority, Pacenco and Commonwealth to take steps necessary to carry out transfers  
   29.     Extraterritorial operation of Subdivision  
   30.     Part to have effect in spite of laws and agreements prohibiting transfer etc.  
   31.     Compensation for acquisition of property  
   32.     Certain staff members of the Authority taken to have resigned  
   33.     Definitions  
   34.     Long service leave for employees with less than 10 years service  
   35.     Payments in lieu of long service leave for employees with less than 10 years service  
   36.     Payments on the death of an employee  
   37.     Employee's long service leave credit for the purposes of sections 34 and 35  
   38.     Division not to affect an employee's post-sale long service leave rights  
   39.     Saving-Long Service Leave Act  
   40.     Interpretation  
   41.     Transitional provisions relating to the SRC Act that relate to certain Newco body employees  
   42.     Commonwealth liable to meet certain SRC Act liabilities and to be taken to be the employer in certain circumstances under the SRC Act  
   43.     Saving-deferred benefits under the Superannuation Act 1922  
   44.     Saving-deferred benefits under the Superannuation Act 1976  
   45.     Contribution day for the purposes of the Superannuation Act 1976  
   46.     Saving-deferred benefits under the DFRDB Act  
   47.     Transitional maternity leave provisions for maternity leave beginning after the sale day  
   48.     Transitional maternity leave provisions for staff members of the Authority who are on maternity leave immediately before the sale day  
   49.     Cessation of mobility rights  
   50.     Transitional provision relating to the Crimes (Superannuation Benefits) Act 1989  
   51.     Commonwealth payment to Newco  
   52.     Newco not to be taken to be established by the Commonwealth  
   53.     Exemption from State and Territory stamp duties  
   54.     Ending the Authority's liability under the Commonwealth Borrowing Levy Act 1987  
   55.     Ending the Authority's liability under the Commonwealth Guarantees (Charges) Act 1987  
   56.     Transfer time  
   57.     Staff members who receive a Newco employment offer after sale day  
   58.     Certain staff members of the Authority who received a Newco employment offer under section 57 taken to have resigned  
   59.     Staff members who receive a second Newco employment offer may consent to being employed by Newco after the sale day  
   60.     Certain staff members of the Authority to become employees of Newco  
   61.     Part not to affect certain matters relating to transferring staff members  
   62.     Variation of terms and conditions of employment  
   63.     Post-sale transferee not to be eligible for re-appointment under the Public Service Act 1922  
   64.     Certain staff members of the Authority taken to have resigned  
   65.     Application of other transitional and saving provisions  
   66.     Definitions  
   67.     Interpretation-meaning of "spare capacity"  
   68.     Conduct by directors, servants or agents  
   69.     Other provisions that relate to proving purpose  
   70.     Part not to apply so as to exceed Commonwealth power  
   71.     Moomba pipeline may only be owned and operated by a trading entity  
   72.     Restrictions applying to a Moomba operator  
   73.     Moomba operator etc. must not prevent or hinder access  
   74.     Access to the Moomba pipeline  
   75.     Access disputes  
   76.     Procedure on receipt of notification of an access dispute  
   77.     Withdrawal of notification  
   78.     TPC objectives  
   79.     Functions of TPC  
   80.     TPC arbitration powers  
   81.     Period within which TPC to make its determination  
   82.     Operation of determinations  
   83.     Constitution of TPC for conduct of arbitration  
   84.     Presiding member  
   85.     Reconstitution of TPC  
   86.     Determination of questions  
   87.     Disclosure of TPC interests by members  
   88.     TPC to arbitrate if access dispute not settled within 21 days  
   89.     Parties to arbitration  
   90.     TPC to notify parties that it must arbitrate the dispute  
   91.     TPC may decide not to arbitrate a dispute if subject matter of dispute is trivial etc.  
   92.     TPC not to arbitrate an access dispute if subject matter of dispute is subject of Federal Court proceedings brought under section 114  
   93.     Right to representation  
   94.     Giving of relevant documents to TPC  
   95.     Power to obtain information and documents  
   96.     Procedure of TPC  
   97.     Hearing to be in private  
   98.     Power to take evidence on oath or affirmation  
   99.     Particular powers of TPC  
   100.    Party may request TPC to treat material as confidential  
   101.    Non-party may request TPC to treat information etc. as confidential  
   102.    Consent determinations  
   103.    Parties to an arbitration not to contravene determination  
   104.    Variation of determinations  
   105.    Applications for review  
   106.    Tribunal review to be merits review  
   107.    Functions and powers of the Tribunal  
   108.    Time period for review of TPC determinations  
   109.    Determination of Tribunal taken to be determination of TPC  
   110.    TPC to give Tribunal certain information  
   111.    Regulations as to certain matters  
   112.    Interpretation  
   113.    Enforcement of sections 71 and 72 and regulations under section 130  
   114.    Enforcement of sections 73 and 136 and subsection 129(1)  
   115.    Enforcement of determinations under section 80  
   116.    Other orders  
   117.    Consent injunctions  
   118.    Interim injunctions  
   119.    Discharge or variation of injunction or other order  
   120.    Factors relevant to the granting of a restraining injunction  
   121.    Factors relevant to the granting of a mandatory injunction  
   122.    Undertakings as to damages unnecessary in certain circumstances  
   123.    Enforcement of undertakings  
   124.    Powers of Federal Court where non-compliance with TPC requirements  
   125.    Jurisdiction of courts  
   126.    Appeals to Federal Court from determinations of the Tribunal  
   127.    Operation and implementation of a determination that is subject to appeal  
   128.    Sending of documents to, and return of documents by, the Federal Court  
   129.    Haulage charges etc. to be given on request  
   130.    Publishing of information by Moomba operator  
   131.    PSA to monitor haulage charges  
   132.    Information to be supplied to the PSA  
   133.    Reports etc. to be given to PSA if any transactions are not at arm's length  
   134.    Confidential information  
   135.    PSA to report to Treasurer  
   136.    Certain information to be supplied to the TPC  
   137.    Compensation for acquisition of property  
   138.    Commonwealth to pay compensation for the ending of certain contractual rights  
   139.    TPC approval of certain agreements for the supply of haulage services  
   140.    Part not to limit Part IV of the Trade Practices Act 1974  
   141.    Failure of witness to attend  
   142.    Refusal to be sworn or to answer questions  
   143.    Intimidation etc.  
   144.    Criminal proceedings  
   145.    Application of Part to joint ventures  
   146.    Application of Part to trading entities  
   147.    Principal Act  
   148.    Interpretation  
   149.    Membership of Authority  
   150.    Leave of absence  
   151.    Chief Executive Officer  
   152.    Acting appointments-part-time directors  
   153.    Meetings of Authority  
   154.    Repeal of section and substitution of new section  
   155.     Duties of the Authority  
   156.    Insertion of new section  
   157.     Particular powers of the Authority  
   158.    Repeal of section and substitution of new section  
   159.     Repeal of sections 18A and 25  
   160.    Repeal of section and substitution of new section  
   161.     Repeal of section 33B  
   162.    Principal Act  
   163.    Definitions  
   164.    Repeal of sections and substitution of new section  
   165.     Repeal of Parts II, III, IV and VI  
   166.    Residual assets and liabilities to become Commonwealth assets and liabilities of the Commonwealth  
   167.    Pending proceedings  
   168.    Minister may dispose of or deal with residual assets  
   169.    Exemption from certain State and Territory stamp duties  
   170.    Certificates in relation to interests in land  
   171.    Certificates in relation to other assets  
   172.    Part to have effect in spite of laws and agreements prohibiting transfer etc.  
   173.    Saving and transitional matters  
   174.    Regulations