Commonwealth Numbered Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 No. 70, 1994 - SECT 3

3. (1) In this Act, unless the contrary intention appears:

"AGL" means The Australian Gas Light Company;

"asset" means:

   (a)  any legal or equitable estate or interest in real or personal
        property, including a contingent or prospective one; and

   (b)  any right, privilege or immunity, including a contingent or
        prospective one; but does not include a Commonwealth record under the
        Archives Act 1983;

"asset purchase agreement" means the agreement made between the Commonwealth
and Newco on the sale day for the sale of the Moomba-Sydney pipeline system;

"authorised person" means:

   (a)  the Minister; or

   (b)  a person authorised by the Minister, in writing, for the purposes of
        this Act;

"Authority" means the Pipeline Authority established by the Pipeline Authority
Act 1973;

"Authority instrument" means an instrument that is specified in Schedule 3 to
the asset purchase agreement;

"award" has the same meaning as in the Industrial Relations Act 1988;

"Commonwealth-AGL agreement" means the agreement made between the Commonwealth
and AGL on 18 November 1993 in relation to the sale of the Moomba-Sydney
pipeline system;

"Commonwealth-guaranteed debt" means a debt and any other related obligations
whose performance is guaranteed by the Commonwealth;

"DFRDB Act" means the Defence Force Retirement and Death Benefits Act 1973;

"dual destination instrument" means an Authority or Pacenco instrument, that
relates to a dual destination interest;

"dual destination interest" means an easement or other right in relation to
land, that is specified in the easement agreement;

"easement agreement" means the agreement made between the Commonwealth and
Newco on the sale day in relation to their ownership as tenants in common of
all dual destination interests;

"instrument" includes a document but does not include a Commonwealth
legislative instrument other than an instrument under the Lands Acquisition
Act 1955, the Lands Acquisition Act 1989 or the Industrial Relations Act  1988
;

"land" means:

   (a)  a legal or equitable estate or interest in land; or

   (b)  a right, power or privilege in relation to land;

"liabilities" means liabilities and duties, including contingent or
prospective ones;

"Long Service Leave Act" means the Long Service Leave (Commonwealth 
Employees) Act 1976 as in force immediately before the sale day;

"Maternity Leave Act" means the Maternity Leave (Commonwealth Employees) Act 
1973 ;

"Newco" means the body corporate nominated under section 6;

"Newco body" means Newco or a Newco subsidiary;

"Pacenco" means Pacenco Proprietary Limited (A.C.N. 060 349 948);

"Pacenco instrument" means an instrument that is specified in Schedule 4 to
the asset purchase agreement;

"petroleum" means any of the following, whether in a gaseous, liquid or solid
state:

   (a)  any naturally occurring hydrocarbon;

   (b)  any naturally occurring mixture of hydrocarbons;

   (c)  any naturally occurring mixture of one or more hydrocarbons and one or
        more of the following:

        (i)    hydrogen sulphide;

        (ii)   nitrogen;

        (iii)  helium;

        (iv)   carbon dioxide;

   (d)  any hydrocarbon or mixture of hydrocarbons produced by refining a
        substance referred to in paragraph (a), (b) or (c);

   (e)  any mixture of a hydrocarbon or hydrocarbons so produced with another
        substance or other substances;

"post-sale transferee" means a staff member of the Authority who becomes
employed by Newco under subsection 57(2) or 60(2);

"sale day" has the meaning given by subsection 4(1);

"share", in relation to a body corporate, means a share in the body
corporate's share capital;

"SRC Act" means the Safety, Rehabilitation and Compensation Act 1988;

"staff member of the Authority" means a person who is an officer (other than a
director) or employee of the Authority;

"staff transfer agreement" means the agreement made between:

   (a)  AGL on its own behalf and on behalf of other prospective buyers of
        shares in Newco; and

   (b)  the unions who represent the staff of the Authority; and

   (c)  the Authority; before the sale day in relation to the transfer of
        staff to Newco;

"transferring staff member" means a staff member of the Authority who becomes
employed by Newco under subsection 8(2).

(2) For the purposes of this Act, the question whether a body corporate is a
subsidiary of another body corporate is to be determined under the
Corporations Law.