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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Waste Recycling and Processing
Corporation (Authorised Transaction)
Bill 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Interpretation 2
Part 2 The authorised transaction
4 Authority for transfer of WSN assets to private sector 3
5 Transfer of WSN assets to public sector agencies 3
6 Proceeds of transaction 3
Part 3 Facilitating the authorised transaction
7 Treasurer's functions 5
8 Transaction companies 5
9 Functions of WSN and transaction companies 6
10 Direction and control of WSN and transaction companies 6
b2009-103-20.d11
Waste Recycling and Processing Corporation (Authorised Transaction) Bill 2010
Contents
Page
11 Grant of relevant authorisations 7
12 Vesting orders 8
13 Employee protections 8
14 Waste Assets Management Corporation 8
15 State taxes 9
16 Contracts for sale of land 10
Part 4 Miscellaneous
17 Release of information by Auditor-General 11
18 Delegation 11
19 Act to bind State and other jurisdictions 11
20 General relationship of Act with other State legislation 11
21 Extraterritorial operation of Act 12
22 Construction of Act and instruments so as not to exceed
legislative power 12
23 Protection of contractual and other obligations 13
24 Compensation not payable 14
25 Certificate evidence 15
26 Regulations 15
27 Savings and transitional regulations 15
28 Repeal of Waste Recycling and Processing
Corporation Act 2001 No 59 15
Schedule 1 Interpretative provisions 16
Schedule 2 Corporate conversion of WSN 19
Schedule 3 Vesting of assets, rights and liabilities 21
Schedule 4 Employee protections 24
Schedule 5 Waste Assets Management Corporation 29
Schedule 6 Amendment of Acts 32
Contents page 2
New South Wales
Waste Recycling and Processing
Corporation (Authorised Transaction)
Bill 2010
No , 2010
A Bill for
An Act to provide for the transfer of the business of the Waste Recycling and
Processing Corporation; and for other purposes.
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
Clause 1 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Waste Recycling and Processing Corporation 4
(Authorised Transaction) Act 2010. 5
2 Commencement 6
(1) This Act commences on the date of assent to this Act, except as 7
provided by subsection (2). 8
(2) Section 28 and Schedule 6.2 commence on a day to be appointed by 9
proclamation. 10
3 Interpretation 11
(1) Key definitions 12
In this Act: 13
authorised transaction means the transfer of WSN assets authorised by 14
Part 2. 15
WSN means the Waste Recycling and Processing Corporation 16
constituted by the Waste Recycling and Processing Corporation 17
Act 2001. 18
Note. The Waste Recycling and Processing Corporation operates under the 19
trading name WSN Environmental Solutions. 20
WSN assets means assets, rights and liabilities of WSN. 21
(2) Other interpretative provisions 22
Expressions used in this Act that are defined in Schedule 1 have the 23
meanings set out in that Schedule. 24
Page 2
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010 Clause 4
The authorised transaction Part 2
Part 2 The authorised transaction 1
4 Authority for transfer of WSN assets to private sector 2
This Act authorises the transfer to the private sector of any WSN assets. 3
5 Transfer of WSN assets to public sector agencies 4
This Act authorises the transfer of any WSN assets to one or more 5
public sector agencies. 6
6 Proceeds of transaction 7
(1) The proceeds of the transfer of WSN assets to the private sector 8
pursuant to the authorised transaction (the transaction proceeds) 9
belong to and are payable directly to the State. 10
(2) The transaction proceeds paid to the State are to be paid into the 11
Consolidated Fund. 12
(3) The following deductions are authorised to be made from the 13
transaction proceeds: 14
(a) deduction of such amounts as the Treasurer approves to repay 15
debt and satisfy other liabilities of a public sector agency in 16
respect of WSN assets transferred for the purposes of the 17
authorised transaction, 18
(b) deduction of such amounts as the Treasurer approves to 19
reimburse public sector agencies for payments made by them in 20
respect of any tax, duty, fee or charge imposed by any Act or law 21
of the State or any other jurisdiction in connection with a 22
transaction arrangement, 23
(c) deduction of such amounts as the Treasurer approves to satisfy 24
any liability of a public sector agency arising under or in 25
connection with a transaction arrangement, 26
(d) deduction of such amounts as the Treasurer approves to meet 27
expenses reasonably incurred by public sector agencies for the 28
purposes of the authorised transaction. 29
(4) The transaction proceeds do not include any amount certified by the 30
Treasurer to have been paid to a public sector agency as a tax, duty, fee 31
or charge imposed by any Act or law of the State in connection with a 32
transaction arrangement. 33
Page 3
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
Clause 6 2010
Part 2 The authorised transaction
(5) The deductions authorised to be made from the transaction proceeds 1
may be made before payment of the transaction proceeds into the 2
Consolidated Fund or may be made by payment from the Consolidated 3
Fund. 4
(6) The requirements of this section do not affect the validity of a 5
transaction arrangement. 6
Page 4
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010 Clause 7
Facilitating the authorised transaction Part 3
Part 3 Facilitating the authorised transaction 1
7 Treasurer's functions 2
The Treasurer has and may exercise all such functions as are necessary 3
or convenient for the purposes of the authorised transaction. The 4
functions conferred on the Treasurer by any other provision of this Act 5
do not limit the Treasurer's functions under this section. 6
8 Transaction companies 7
(1) The Treasurer may for the purposes of the authorised transaction 8
establish, or direct the establishment of, companies as transaction 9
companies in any of the following ways: 10
(a) the formation or acquisition by or on behalf of the State or a SOC 11
of a company limited by shares, so that all the issued shares in the 12
company are held by or on behalf of the State or a SOC (or both), 13
(b) the formation or acquisition of a company as a wholly owned 14
subsidiary company of a transaction company, 15
(c) the conversion of WSN into a company limited by shares as 16
provided by Schedule 2. 17
(2) A transaction company that is a public sector agency may be converted 18
from one kind of company to any other kind of company. 19
(3) Except by express agreement with the Treasurer: 20
(a) a transaction company is not and does not represent the State, and 21
(b) the debts, liabilities and obligations of a transaction company are 22
not guaranteed by the State (but without affecting any guarantee 23
of a debt, liability or obligation of WSN that becomes a debt, 24
liability or obligation of the transaction company). 25
(4) The Treasurer may act for or on behalf of the State, a SOC or a 26
transaction company that is a public sector agency in connection with 27
the rights, privileges and benefits, and the duties, liabilities and 28
obligations of the State, the SOC or the transaction company as the 29
holder of shares or other securities in a transaction company. 30
(5) Shares and other securities in a transaction company that is a public 31
sector agency may be issued, sold or transferred in accordance with the 32
directions of the Treasurer. 33
(6) The Treasurer may on behalf of the State, a SOC or a transaction 34
company that is a public sector agency enter into and carry out 35
transaction arrangements for the issue, sale or transfer of shares and 36
other securities in a transaction company. 37
Page 5
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
Clause 9 2010
Part 3 Facilitating the authorised transaction
9 Functions of WSN and transaction companies 1
(1) WSN and any transaction company have and may exercise all such 2
functions as are necessary or convenient for the purposes of the 3
authorised transaction. 4
(2) The functions conferred by this section are in addition to any other 5
functions that WSN or a transaction company has apart from this 6
section and those other functions do not prevent or otherwise limit the 7
exercise of the additional functions conferred by this section. 8
(3) The Treasurer may act for and on behalf of and in the name of WSN or 9
any transaction company (while it is a public sector agency) in the 10
exercise of any of its functions for the purposes of the authorised 11
transaction. 12
10 Direction and control of WSN and transaction companies 13
(1) WSN and any transaction company (while it is a public sector agency) 14
are subject to the direction and control of the Treasurer in the exercise 15
of any of their functions for the purposes of the authorised transaction. 16
(2) The Treasurer may give directions for the purposes of the authorised 17
transaction to WSN and to any transaction company, and to the directors 18
and other officers of WSN or a transaction company. Any such 19
directions must be complied with by WSN, the transaction company or 20
the directors or other officers concerned. 21
(3) Directions to a transaction company (or its directors and other officers) 22
can only be given and are only required to be complied with while the 23
transaction company is a public sector agency. 24
(4) The power to give directions under this section extends to directions 25
with respect to the way in which WSN or a transaction company is to 26
conduct its business and other affairs. 27
(5) Action taken by WSN to comply with a direction of the Treasurer under 28
this Act does not require the approval of the voting shareholders or 29
portfolio Minister of WSN. 30
(6) Anything done or omitted to be done by a director or other officer of 31
WSN or a transaction company in complying with a direction given by 32
the Treasurer under this Act does not subject the director or officer 33
personally to any action, liability, claim or demand. 34
(7) The provisions of this section are declared to be Corporations 35
legislation displacement provisions for the purposes of section 5G of the 36
Corporations Act. 37
Page 6
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010 Clause 11
Facilitating the authorised transaction Part 3
11 Grant of relevant authorisations 1
(1) The Treasurer may give directions to a public sector agency for or with 2
respect to the grant of any relevant authorisation to a person who 3
becomes or who it is proposed will become the new operator of any 4
WSN assets pursuant to the authorised transaction, including directions 5
for or with respect to any of the following: 6
(a) requiring the grant of any such relevant authorisation without the 7
necessity for the making or determination of any application, 8
(b) the displacement or modification of any provision of a relevant 9
law in its application to the grant of any such relevant 10
authorisation, 11
(c) the conditions or endorsements subject to which any such 12
relevant authorisation is to be granted or that are to be attached to 13
any such relevant authorisation. 14
(2) A direction may only be given under this section for the grant of a 15
relevant authorisation that: 16
(a) operates to transfer, replace or replicate an existing relevant 17
authorisation that is currently in force, to the extent of its 18
application to or in respect of the WSN assets concerned, and 19
(b) is subject to terms, conditions or endorsements that are the same 20
(or to substantially the same effect) as those to which that existing 21
relevant authorisation is subject. 22
(3) The Treasurer must consult with a public sector agency before giving a 23
direction to the public sector agency under this section. 24
(4) A public sector agency exercising functions under a relevant law must 25
comply with a direction of the Treasurer under this section. 26
(5) Anything done by WSN in compliance with a condition or endorsement 27
of a relevant authorisation in relation to WSN assets of which a person 28
is the new operator is taken to have been done by the new operator for 29
the purposes of any corresponding condition or endorsement of a 30
relevant authorisation granted to the new operator pursuant to a 31
direction under this section. 32
(6) A relevant authorisation granted to WSN or to the new operator of WSN 33
assets may not be suspended or cancelled on the ground of the 34
conversion of WSN or the new operator to a company or on the ground 35
of any change that has occurred in the officers or shareholders of the 36
company as a result of that conversion or pursuant to a transaction 37
arrangement. 38
Page 7
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
Clause 12 2010
Part 3 Facilitating the authorised transaction
(7) In this section: 1
grant includes issue and transfer. 2
new operator of WSN assets means: 3
(a) a public sector agency to which any WSN assets are transferred 4
for the purposes of the authorised transaction, or 5
(b) a person (or the nominee of a person) in whom WSN assets are 6
vested, or to whom WSN assets are transferred, pursuant to the 7
authorised transaction. 8
public sector agency includes a local authority. 9
relevant authorisation means a licence, permit, consent, entitlement, 10
accreditation or other authorisation under a relevant law. 11
relevant law means any of the following Acts and any regulations or 12
instruments under those Acts: 13
Contaminated Land Management Act 1997 14
Environmental Planning and Assessment Act 1979 15
Mining Act 1992 16
Protection of the Environment Operations Act 1997 17
Sydney Water Act 1994 18
Water Act 1912 19
Water Management Act 2000 20
any other Act prescribed by the regulations. 21
12 Vesting orders 22
The Treasurer may make vesting orders under Schedule 3 for the 23
purposes of the authorised transaction. 24
13 Employee protections 25
Schedule 4 contains provisions relating to the transfer of employees of 26
WSN for the purposes of the authorised transaction. 27
14 Waste Assets Management Corporation 28
(1) There is constituted by this Act a corporation with the corporate name 29
of the Waste Assets Management Corporation (the Corporation). 30
(2) The Corporation is a NSW Government agency and is, in the exercise 31
of the Corporation's functions, subject to the control and direction of the 32
Treasurer. 33
Page 8
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010 Clause 15
Facilitating the authorised transaction Part 3
(3) The Corporation has the following functions: 1
(a) to hold, on behalf of the Crown, WSN assets acquired by it or 2
transferred to it by or under this or any other Act and to conduct 3
businesses, provide services and carry on activities that relate to 4
or are incidental to the management of any WSN assets held by it, 5
(b) to undertake, on behalf of the Crown, the development for any 6
purpose for the benefit of the State of any land comprising WSN 7
assets held by it, 8
(c) such other functions in connection with WSN assets held by it as 9
may be prescribed by the regulations, 10
(d) such other functions as may be conferred or imposed on the 11
Corporation by or under this or any other Act. 12
Note. See also Schedule 5, which makes further provision for the Corporation. 13
15 State taxes 14
(1) In this section: 15
relevant matter means any of the following: 16
(a) the transfer of WSN assets for the purposes of the authorised 17
transaction, 18
(b) a vesting of assets, rights or liabilities by operation of Schedule 3 19
(Vesting of assets, rights and liabilities) and anything certified by 20
the Treasurer as having been done in consequence of such a 21
vesting (for example, the transfer or registration of an interest in 22
land), 23
(c) the issue, disposal or purchase of shares or other securities in a 24
company for the purposes of the authorised transaction, 25
(d) any matter connected with the corporate conversion of WSN for 26
the purposes of the authorised transaction, 27
(e) such other matters for the purposes of the authorised transaction 28
as may be prescribed by the regulations. 29
State tax means application or registration fees, duty under the Duties 30
Act 1997 or any other tax, duty, fee or charge imposed by any Act or law 31
of the State. 32
(2) State tax is not payable by a public sector agency in relation to a relevant 33
matter. 34
(3) State tax is not payable by a person or body (other than a public sector 35
agency) in relation to a relevant matter to such extent (if any) as the 36
Treasurer may direct by order in writing, either generally or in a 37
particular case. 38
Page 9
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
Clause 16 2010
Part 3 Facilitating the authorised transaction
(4) An order may be made by the Treasurer under this section before or 1
after the liability to pay the State tax concerned accrues. 2
(5) The Treasurer must give a copy of an order under this section to the 3
Chief Commissioner of State Revenue. 4
16 Contracts for sale of land 5
Section 52A (Contracts for sale of land) of the Conveyancing Act 1919 6
does not apply to a contract for the sale of land that is entered into for 7
the purposes of the authorised transaction. 8
Page 10
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010 Clause 17
Miscellaneous Part 4
Part 4 Miscellaneous 1
17 Release of information by Auditor-General 2
Section 38 (Secrecy) of the Public Finance and Audit Act 1983 does not 3
apply to or in respect of a report or communication that the Treasurer 4
authorises the Auditor-General to make to a person for the purposes of 5
the authorised transaction. 6
18 Delegation 7
The Treasurer may delegate to the Secretary of the Treasury, or to any 8
other officer of the Government Service prescribed by the regulations, 9
any function of the Treasurer under this Act except this power of 10
delegation. 11
19 Act to bind State and other jurisdictions 12
(1) This Act binds the State and, in so far as the legislative power of the 13
Parliament of New South Wales permits, the other States, the Territories 14
and the Commonwealth. 15
(2) Without limiting subsection (1), this Act has effect despite any privilege 16
or immunity of the Crown in any of its capacities. 17
(3) This Act does not make any State or Territory, the Commonwealth, or 18
the Crown in any of its capacities, liable to be prosecuted for an offence. 19
(4) A reference in this section to a State, Territory or the Commonwealth 20
includes a reference to the Government of the State, Territory or 21
Commonwealth. 22
20 General relationship of Act with other State legislation 23
(1) None of the following provisions operate to prevent, restrict or 24
otherwise limit the carrying out of the authorised transaction or the 25
exercise of a function for the purposes of the authorised transaction: 26
(a) any provision of the State Owned Corporations Act 1989 or the 27
Waste Recycling and Processing Corporation Act 2001, 28
(b) any provision of the constitution of WSN or a subsidiary of 29
WSN. 30
(2) In the event of any inconsistency between the provisions of this Act or 31
the regulations and a provision of any other State legislation that is 32
prescribed by the regulations as an inconsistent provision for the 33
purposes of this section, the provisions of this Act or the regulations (as 34
the case may be) prevail to the extent of the inconsistency. 35
Page 11
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
Clause 21 2010
Part 4 Miscellaneous
21 Extraterritorial operation of Act 1
(1) It is the intention of the Parliament of New South Wales that the 2
operation of this Act should, as far as possible, include operation in 3
relation to the following: 4
(a) things situated in or outside the territorial limits of the State, 5
(b) acts, transactions and matters done, entered into or occurring in 6
or outside the territorial limits of the State, 7
(c) things, acts, transactions and matters (wherever situated, done, 8
entered into or occurring) that would, apart from this Act, be 9
governed or otherwise affected by the law of another State, a 10
Territory, the Commonwealth or a foreign country. 11
(2) Without limiting subsection (1), it is the intention of the Parliament of 12
New South Wales that the provisions of this Act have an operation in 13
relation to the things, acts, transactions and matters referred to in that 14
subsection even if the rules of private international law (whether at 15
general law or as provided by legislation) would require the application 16
of a law other than this Act instead of the provisions of this Act. 17
22 Construction of Act and instruments so as not to exceed legislative 18
power 19
(1) Unless a contrary intention appears, if a provision of this Act or an 20
instrument made under this Act: 21
(a) would, apart from this section, have an invalid application, but 22
(b) also has at least one valid application, 23
it is the intention of the Parliament of New South Wales that the 24
provision is not to have the invalid application, but is to have every valid 25
application. 26
(2) Despite subsection (1), the provision is not to have a particular valid 27
application if: 28
(a) apart from this section, it is clear, taking into account the 29
provision's context and the purposes or objects underlying this 30
Act, that the provision was intended to have that valid application 31
only if every invalid application, or a particular invalid 32
application, of the provision had also been within the legislative 33
power of the Parliament of New South Wales, or 34
(b) the provision's operation in relation to that valid application 35
would be different in a substantial respect from what would have 36
been its operation in relation to that valid application if every 37
invalid application, or a particular invalid application, of the 38
provision had been within the legislative power of the Parliament 39
of New South Wales. 40
Page 12
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010 Clause 23
Miscellaneous Part 4
(3) Subsection (2) does not limit the cases in which a contrary intention 1
may be taken to appear for the purposes of subsection (1). 2
(4) This section is in addition to, and not in derogation of, section 31 of the 3
Interpretation Act 1987. 4
(5) In this section: 5
application means an application in relation to: 6
(a) one or more particular persons, things, matters, places, 7
circumstances or cases, or 8
(b) one or more classes (however defined or determined) of persons, 9
things, matters, places, circumstances or cases. 10
invalid application, in relation to a provision, means an application 11
because of which the provision exceeds the legislative power of the 12
Parliament of New South Wales. 13
valid application, in relation to a provision, means an application 14
which, if it were the provision's only application, would be within the 15
legislative power of the Parliament of New South Wales. 16
23 Protection of contractual and other obligations 17
(1) This section applies to the following: 18
(a) the operation of this Act (including any order under this Act and 19
anything done or omitted to be done under or for the purposes of 20
this Act), 21
(b) the transfer of WSN assets for the purposes of the authorised 22
transaction, 23
(c) the entering into or performance of obligations under a 24
transaction arrangement by a public sector agency, 25
(d) a disclosure of information by, on behalf of or with the consent 26
of a public sector agency for the purposes of the authorised 27
transaction. 28
(2) None of the matters or things to which this section applies are to be 29
regarded as: 30
(a) a breach of contract or confidence or otherwise as a civil wrong, 31
or 32
(b) a breach of any instrument (including, without limitation, any 33
provision prohibiting, restricting or regulating the assignment or 34
transfer of assets, rights or liabilities) or as requiring any act to be 35
done under an instrument, or 36
(c) giving rise to any right or remedy by a party to a contract or other 37
instrument, or as causing or permitting the termination of, or 38
exercise of rights under, any contract or other instrument, or 39
Page 13
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
Clause 24 2010
Part 4 Miscellaneous
(d) an event of default under any contract or other instrument, or 1
(e) giving rise to a breach of or an offence against a provision of an 2
Act that prohibits or restricts the disclosure of information, or 3
(f) releasing a surety or other obligee wholly or in part from an 4
obligation. 5
(3) This section does not affect the rights and obligations of the parties to a 6
transaction arrangement in respect of the performance of obligations 7
under the transaction arrangement. 8
(4) In this section: 9
instrument means an instrument (other than an instrument made under 10
this Act) or any other document that creates, modifies or extinguishes 11
rights or liabilities (or would do so if lodged, filed or registered in 12
accordance with any law), and includes any judgment, order, process or 13
other instrument issued by a court or tribunal. 14
24 Compensation not payable 15
(1) Compensation is not payable by or on behalf of the State: 16
(a) because of the enactment or operation of this Act, or for any 17
consequence of that enactment or operation, or 18
(b) because of any statement or conduct relating to the enactment of 19
this Act. 20
(2) This section does not extend to compensation payable under a 21
transaction arrangement to a party to the transaction arrangement in 22
connection with the performance of obligations under the transaction 23
arrangement. 24
(3) In this section: 25
compensation includes damages or any other form of monetary 26
compensation. 27
conduct includes any act or omission, whether unconscionable, 28
misleading, deceptive or otherwise. 29
operation of this Act includes the operation of any notice or order under 30
this Act and any agreement entered into under or for the purposes of this 31
Act. 32
statement includes a representation of any kind: 33
(a) whether made verbally or in writing, and 34
(b) whether negligent, false, misleading or otherwise. 35
the State means the Crown within the meaning of the Crown 36
Proceedings Act 1988, and includes a public sector agency and an 37
officer, employee or agent of the Crown or a public sector agency. 38
Page 14
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010 Clause 25
Miscellaneous Part 4
25 Certificate evidence 1
A certificate purporting to be signed by the Treasurer or an officer 2
prescribed by the regulations certifying that an order specified or 3
referred to in the certificate is an order made by the Treasurer under a 4
specified provision of this Act is admissible in evidence in any legal 5
proceedings and is evidence of the matters certified. 6
26 Regulations 7
The Governor may make regulations, not inconsistent with this Act, for 8
or with respect to any matter that by this Act is required or permitted to 9
be prescribed or that is necessary or convenient to be prescribed for 10
carrying out or giving effect to this Act. 11
27 Savings and transitional regulations 12
(1) The regulations may contain provisions of a savings or transitional 13
nature consequent on the enactment of this Act. 14
(2) For the avoidance of doubt, any such provision may, if the regulations 15
so provide, have effect despite any specified provision of this Act. 16
(3) Any such provision may, if the regulations so provide, take effect from 17
the date of assent to this Act or a later date. 18
(4) To the extent to which any such provision takes effect from a date that 19
is earlier than the date of its publication on the NSW legislation website, 20
the provision does not operate so as: 21
(a) to affect, in a manner prejudicial to any person (other than the 22
State or an authority of the State), the rights of that person 23
existing before the date of its publication, or 24
(b) to impose liabilities on any person (other than the State or an 25
authority of the State) in respect of anything done or omitted to 26
be done before the date of its publication. 27
28 Repeal of Waste Recycling and Processing Corporation Act 2001 No 59 28
The Waste Recycling and Processing Corporation Act 2001 is repealed. 29
Page 15
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010
Schedule 1 Interpretative provisions
Schedule 1 Interpretative provisions 1
(Section 3) 2
1 Definitions 3
In this Act: 4
assets means any legal or equitable estate or interest (whether present or 5
future, whether vested or contingent and whether personal or 6
assignable) in real or personal property of any description (including 7
money), and includes securities, choses in action and documents. 8
authorised transaction--see section 3. 9
corporate conversion, in relation to WSN, means the registration of 10
WSN as a company under the Corporations Act. 11
Corporations Act means the Corporations Act 2001 of the 12
Commonwealth. 13
exercise a function includes perform a duty. 14
function includes a power, authority or duty. 15
general law means the common law and equity (as modified from time 16
to time by legislation). 17
legislation includes: 18
(a) any statute of a legislature (whether enacted or made in Australia 19
or elsewhere), and 20
(b) any proclamation, regulation, rule, by-law, order or any other 21
kind of subordinate legislation (however described) made under 22
the authority of a statute (whether enacted or made in Australia 23
or elsewhere). 24
liabilities means any liabilities, debts or obligations (whether present or 25
future, whether vested or contingent and whether personal or 26
assignable). 27
local authority means a council or county council under the Local 28
Government Act 1993 and includes a subsidiary of a council or county 29
council. 30
private sector means any person other than a public sector agency. 31
Note. A person who is a public sector agency of another jurisdiction is a private 32
sector person for the purposes of this Act. 33
public sector agency means any of the following: 34
(a) the State (including the Crown in right of the State), 35
(b) a Minister, 36
(c) WSN, 37
Page 16
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010
Interpretative provisions Schedule 1
(d) the Ministerial Holding Corporation constituted by the State 1
Owned Corporations Act 1989, 2
(e) the Waste Assets Management Corporation and any private 3
subsidiary corporation of the Corporation, 4
(f) a public authority of the State, 5
(g) a SOC, 6
(h) any other person acting on behalf of the State (or the Crown in 7
right of the State), 8
(i) a transaction company, but only while all the shares in the 9
transaction company are held by or on behalf of the State or a 10
SOC or the transaction company is a subsidiary of another 11
transaction company all the shares in which are held by or on 12
behalf of the State or a SOC. 13
rights means any rights, powers, privileges or immunities (whether 14
present or future, whether vested or contingent and whether personal or 15
assignable). 16
SOC means a State owned corporation within the meaning of the State 17
Owned Corporations Act 1989. 18
State legislation means any legislation of the State. 19
transaction arrangement means a transaction, agreement or other 20
arrangement entered into by a public sector agency for the purposes of 21
the authorised transaction. 22
transaction company means a company established as a transaction 23
company pursuant to this Act. 24
Waste Assets Management Corporation or the Corporation means the 25
Waste Assets Management Corporation constituted by section 14 of this 26
Act. 27
WSN--see section 3. 28
WSN assets--see section 3. 29
2 Functions for the purposes of the authorised transaction 30
For the purposes of this Act, any act, matter or thing is done or has effect 31
for the purposes of the authorised transaction if it is done or has effect 32
for the purpose of effecting or facilitating the authorised transaction or 33
is done or has effect for any purpose that is ancillary or incidental to or 34
consequential on the authorised transaction. 35
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Schedule 1 Interpretative provisions
3 Transfer of WSN assets--interpretation 1
(1) When this Act authorises the transfer of WSN assets to the private 2
sector it is authorising any transaction, arrangement or other action that 3
results in WSN assets becoming vested in one or more persons in the 4
private sector. 5
(2) The following are examples of the ways in which WSN assets can be 6
transferred to the private sector: 7
(a) direct sale to the private sector, 8
(b) sale to the private sector of a transaction entity, 9
(c) any other transaction whereby any one or more persons in the 10
private sector becomes an owner of WSN assets. 11
(3) The transfer of WSN assets to the private sector does not require a 12
transfer of WSN assets by or from WSN and could, for example, be 13
effected by the corporate conversion of WSN (to establish a transaction 14
company) and the transfer of shares in the transaction company to the 15
private sector. 16
(4) In this clause: 17
entity includes a transaction company. 18
sale of an entity includes a sale of securities in the entity. 19
transaction entity means: 20
(a) an entity that holds WSN assets or into which WSN is converted, 21
or 22
(b) an entity that is the holding company of an entity referred to in 23
paragraph (a), or 24
(c) an entity that has control (within the meaning of the Corporations 25
Act) of an entity referred to in paragraph (a), or 26
(d) any other entity the sale of which to the private sector results in 27
WSN assets being vested in the private sector. 28
4 Words and expressions defined in Corporations Act 29
Words and expressions used in this Act that are defined in section 9 of 30
the Corporations Act have the same meanings as in that section, except 31
in so far as they are defined differently in this Act or the context or 32
subject-matter otherwise indicates or requires. 33
5 Notes 34
Notes included in this Act do not form part of this Act. 35
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010
Corporate conversion of WSN Schedule 2
Schedule 2 Corporate conversion of WSN 1
(Section 8) 2
1 Direction for corporate conversion of WSN 3
The Treasurer may direct by order in writing (a corporate conversion 4
direction) that WSN be converted into a company limited by shares of 5
a specified type. 6
2 Application for conversion to company 7
(1) If a corporate conversion direction is given, WSN is authorised to apply 8
to be registered under Part 5B.1 of the Corporations Act as a company 9
limited by shares of the type specified in the direction. 10
(2) The Treasurer can certify that the provisions of this Act have been 11
complied with concerning the transfer of the incorporation of WSN to 12
the Corporations Act, and such a certificate is conclusive evidence in 13
any proceedings before a court or tribunal that all the requirements of 14
this Act have been complied with concerning the transfer of the 15
incorporation of WSN to the Corporations Act. 16
(3) The Treasurer's certificate under this clause cannot be challenged, 17
reviewed or called into question in proceedings before any court or 18
tribunal. 19
3 Effect of conversion 20
(1) The following provisions are taken to have had effect immediately 21
before WSN is registered as a company under the Corporations Act: 22
(a) WSN ceases to be a statutory State owned corporation for the 23
purposes of the State Owned Corporations Act 1989 or any other 24
State legislation, 25
(b) the voting shareholders (within the meaning of the State Owned 26
Corporations Act 1989) of WSN cease to be members of the 27
corporation, 28
(c) the board of directors of WSN is dissolved and each member 29
(including any acting member) of the board ceases to hold office 30
as such, 31
(d) any person who holds a statutory office of WSN ceases to hold 32
that office, subject to Schedule 4 (Employee protections), 33
(e) any person who ceases to be a member of WSN or to hold an 34
office because of the operation of this subclause is not entitled to 35
any compensation for the loss of that membership or office. 36
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Schedule 2 Corporate conversion of WSN
(2) Nothing in this clause prevents any person from becoming an officer of 1
the company into which WSN is being converted in accordance with its 2
constitution and the provisions of the Corporations Act. 3
(3) WSN becomes a transaction company for the purposes of this Act only 4
when it is registered as a company under the Corporations Act. 5
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Vesting of assets, rights and liabilities Schedule 3
Schedule 3 Vesting of assets, rights and liabilities 1
(Section 12) 2
1 Definitions 3
In this Schedule: 4
transferee means the person or body in whom any assets, rights or 5
liabilities are vested by a vesting order. 6
transferor means the person or body from whom any assets, rights or 7
liabilities are divested by a vesting order. 8
vesting order--see clause 2. 9
2 Making of vesting order 10
The Treasurer may, by order (a vesting order), vest assets, rights and 11
liabilities of WSN or a transaction company in a person specified in the 12
order as the transferee. 13
3 Vesting of assets, rights and liabilities in transferee 14
(1) When any assets, rights or liabilities are vested by a vesting order, the 15
following provisions have effect (subject to the vesting order): 16
(a) the assets vest in the transferee by virtue of this clause and 17
without the need for any conveyance, transfer, assignment or 18
assurance, 19
(b) the rights and liabilities become, by virtue of this clause, the 20
rights and liabilities of the transferee, 21
(c) all proceedings relating to the assets, rights or liabilities pending 22
by or against the transferor are taken to be proceedings pending 23
by or against the transferee, 24
(d) any act, matter or thing done or omitted to be done in relation to 25
the assets, rights or liabilities by, to or in respect of the transferor 26
is (to the extent that the act, matter or thing has any force or 27
effect) taken to have been done or omitted by, to or in respect of 28
the transferee, 29
(e) the transferee has all the entitlements and obligations of the 30
transferor in relation to those assets, rights and liabilities that the 31
transferor would have had but for the order, whether or not those 32
entitlements and obligations were actual or potential at the time 33
the order took effect, 34
(f) a reference in any Act, in any instrument made under any Act or 35
in any document of any kind to the transferor or a predecessor of 36
the transferor is (to the extent that it relates to those assets or 37
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Schedule 3 Vesting of assets, rights and liabilities
liabilities but subject to the regulations), to be read as, or as 1
including, a reference to the transferee. 2
(2) No attornment to the transferee by a lessee from the transferor is 3
required. 4
4 Terms and conditions of vesting 5
A vesting order may be made on such terms and conditions as are 6
specified in the order. 7
5 Consideration for vesting 8
A vesting order may specify the consideration for which a vesting to 9
which it applies is made and the value or values at which assets, rights 10
or liabilities are vested. 11
6 Date of vesting 12
A vesting order takes effect on the date it is made or on such other date 13
as may be specified in the order. 14
7 Vesting of interests in land 15
(1) A vesting order may vest an interest in respect of land vested in the 16
transferor without vesting the whole of the interests of the transferor in 17
that land. 18
(2) If the interest vested is not a separate interest, the order operates to 19
create the interest vested in such terms as are specified in the order. 20
(3) This clause does not limit any other provision of this Schedule. 21
8 Confirmation of vesting 22
(1) The Treasurer may by order in writing confirm a vesting of particular 23
assets, rights or liabilities by operation of this Schedule. 24
(2) Such an order is evidence of that vesting. 25
9 Determinations by Treasurer 26
For the purposes of the making of a vesting order, the Treasurer may 27
determine whether or not particular assets, rights or liabilities comprise 28
assets, rights or liabilities of WSN, a transaction company or the 29
Corporation at a particular time, and such a determination is conclusive 30
as to the matters determined. 31
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Vesting of assets, rights and liabilities Schedule 3
10 Certification to registration authorities 1
(1) In this clause: 2
registration authority means a person or body that has functions under 3
any law in connection with the keeping of a register in respect of assets, 4
rights or liabilities. 5
(2) A public sector agency that is the transferee or transferor under a vesting 6
order may lodge with a registration authority a certificate certifying as 7
to such information as may reasonably be required by the registration 8
authority to enable the registration authority to exercise any function of 9
the authority arising in connection with the vesting of any asset, right or 10
liability pursuant to the vesting order. 11
(3) Such a certificate is to be accepted and acted upon by the registration 12
authority and, despite any other law, the registration authority is not 13
entitled to require that the information concerned be provided to it in 14
any particular form or in any particular manner. 15
(4) No fee or charge is payable by the transferee to a registration authority 16
for or in respect of the exercise of any function by the registration 17
authority in connection with the vesting of an asset, right or liability by 18
a vesting order. 19
11 Evidence of orders and certificates 20
A document purporting to be a vesting order or an order or certificate 21
given under a provision of this Schedule is, unless the contrary is 22
established, taken to be such an order or certificate and to have been 23
properly made or given. 24
12 Public sector accounting policies 25
The Treasurer may give directions to public sector agencies for or with 26
respect to accounting policies to be applied by public sector agencies in 27
connection with the transfer between public sector agencies of assets, 28
rights and liabilities of WSN or a transaction company for the purposes 29
of the authorised transaction (in place of public sector accounting 30
policies that would otherwise be applicable in respect of any such 31
transfer). 32
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Schedule 4 Employee protections
Schedule 4 Employee protections 1
(Section 13) 2
1 Definitions 3
(1) In this Schedule: 4
casual employee means an employee of WSN whose employment is in 5
a category of employment that is described in or classified under a 6
relevant award as casual employment or who is otherwise engaged as a 7
casual employee. 8
contract employee means an employee of WSN whose terms and 9
conditions of employment are provided by an individual contract and 10
not by a relevant award. 11
permanent employee means an employee of WSN whose employment 12
is of indefinite duration and who is not a casual employee, temporary 13
employee or contract employee. 14
relevant award means any award, agreement or other industrial 15
instrument (under a law of the State or the Commonwealth) that 16
provides for the terms and conditions of employment of employees of 17
WSN. 18
temporary employee means an employee of WSN (other than a casual 19
employee or contract employee) whose employment is in a category of 20
employment that is described in or classified under a relevant award as 21
temporary employment or whose employment is, under the terms of his 22
or her employment, for a limited period. 23
transaction completion means the day certified by the Treasurer by 24
order in writing as the day on which the authorised transaction is 25
completed. 26
transferred employee means an employee of WSN whose employment 27
is transferred under this Schedule. 28
(2) A transaction company is considered to be an employer in the private 29
sector for the purposes of this Schedule even while it is a public sector 30
agency. 31
2 Transfer of employees 32
(1) The Treasurer may by order in writing transfer the employment of an 33
employee of WSN to the employment of an employer in the private 34
sector or to employment in a Department of the Public Service. 35
(2) A transfer to employment in a Department of the Public Service must 36
be either: 37
(a) a transfer to employment as a member of staff of the Waste 38
Assets Management Corporation (which means employment in 39
Page 24
Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010
Employee protections Schedule 4
the Department for the purpose of enabling the Corporation to 1
exercise its functions), or 2
(b) a transfer to employment as an excess employee of the 3
Department. 4
(3) A permanent employee or temporary employee can decline to be 5
transferred to employment in the private sector. 6
Note. Casual and contract employees cannot decline a transfer to the private 7
sector. 8
(4) An employee's employment cannot be transferred to employment as an 9
excess employee of a Department unless the employee is a permanent 10
employee or temporary employee who has declined to be transferred to 11
employment in the private sector. 12
(5) The employer to whose employment an employee is transferred under 13
this Schedule is the new employer. 14
3 Employment protection for employees transferred to private sector 15
(1) The employment of a transferred employee with the new employer in 16
the private sector is to be on the same terms and conditions as applied 17
to the employee as an employee of WSN immediately before the 18
transfer of employment. 19
(2) Those terms and conditions cannot be varied during any employment 20
guarantee period for the transferred employee except by agreement 21
entered into by or on behalf of the transferred employee. 22
(3) The employment of a transferred employee with the new employer 23
cannot be terminated by the new employer during the employment 24
guarantee period, except: 25
(a) for serious misconduct, or 26
(b) pursuant to the proper application of reasonable disciplinary 27
procedures, or 28
(c) by agreement with the employee. 29
(4) There is an employment guarantee period for transferred employees 30
who are permanent or temporary employees, as follows: 31
(a) for permanent employees the employment guarantee period is 32
3 years after the transaction completion, 33
(b) for temporary employees the employment guarantee period is the 34
remainder of the employee's current term of employment (as 35
specified in the arrangements under which the employee was 36
engaged as a temporary employee) immediately before the 37
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Schedule 4 Employee protections
transaction completion or the period of 3 years after the 1
transaction completion, whichever period ends first. 2
Note. There is no employment guarantee period for contract employees or 3
casual employees. The employment of a transferred employee who is a 4
contract employee remains governed by the contract of employment. 5
4 Employment protection for employees transferred to Public Service 6
(1) The employment of a person who is transferred to a Department of the 7
Public Service under this Schedule is to be on the same terms and 8
conditions as applied to the employee as an employee of WSN 9
immediately before the transfer, subject to this clause. 10
(2) The employment of a transferred employee as an excess employee of 11
the Department is to be managed in accordance with any relevant public 12
sector policy (an excess employee policy) applicable to excess 13
employees of Departments, and for that purpose the employee is to be 14
treated as an employee declared excess by the Department to which the 15
employee is transferred on the basis that the employee's substantive 16
position in the Department has been deleted. 17
(3) The terms and conditions of employment of the transferred employee 18
cannot be varied for 12 months after the employee becomes an 19
employee of the new employer except by agreement with the employee 20
or (in the case of employment as an excess employee of a Department) 21
in accordance with an excess employee policy. 22
(4) This clause does not operate to extend the period of engagement of a 23
temporary employee of WSN. A transferred employee who was a 24
temporary employee of WSN immediately before the transfer is not 25
entitled to employment as a transferred employee beyond the finishing 26
date of the person's employment as a temporary employee of WSN (as 27
specified in the arrangements under which the employee was engaged 28
as a temporary employee). 29
5 Superannuation 30
(1) A transferred employee is entitled to continue as a contributor, member 31
or employee for the purposes of any superannuation scheme in respect 32
of which he or she was a contributor, member or employee (as an 33
employee of WSN) immediately before the transfer of employment and 34
remains so entitled subject to any variation to that entitlement made 35
either by agreement or otherwise in accordance with law. 36
(2) The new employer is taken to be an employer for the purposes of any 37
superannuation scheme in respect of which the transferred employee 38
continues as a contributor, member or employee pursuant to an 39
entitlement under this clause. 40
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Employee protections Schedule 4
6 Continuity of employment 1
The continuity of a transferred employee's employment is taken not to 2
have been broken by the transfer of employment, and service of the 3
employee with WSN (including service deemed to be service with 4
WSN) that is continuous service up to the time of transfer is deemed for 5
all purposes to be service with the new employer. 6
7 Accrued leave entitlements 7
(1) A transferred employee retains any rights to sick leave, annual leave or 8
long service leave accrued or accruing immediately before the transfer 9
of employment (except accrued leave for which the employee has, on 10
ceasing to be an employee of WSN, been paid the monetary value in 11
pursuance of any other entitlement of the employee). 12
(2) Nothing in the Industrial Relations Act 1996, the Long Service Leave 13
Act 1955 or the Annual Holidays Act 1944 prevents payment in 14
connection with the operation of this Act of the monetary value of 15
annual leave or long service leave in lieu of an entitlement to that leave 16
accrued by a person as an employee of a public sector agency before the 17
transfer of the employee's employment under this Schedule. 18
8 Transfer payments 19
(1) A transferred employee is not entitled to receive any payment or other 20
benefit (including in the nature of severance pay or redundancy or other 21
compensation) merely because the employee ceased to be an employee 22
of WSN, or the employee's contract of employment with WSN was 23
terminated, as a result of the transfer of employment (but without 24
affecting any entitlement to a transfer payment under this clause). 25
(2) The Treasurer or another public sector agency may enter into 26
agreements or other arrangements with respect to the making of transfer 27
payments to employees in connection with the transfer of employment 28
of employees under this Schedule or otherwise in connection with the 29
operation of this Act. 30
(3) Any such arrangements may provide for the payment of any such 31
transfer payments to be payments on the occasion of the termination of 32
employment with the current employer despite any provision of this 33
Schedule. 34
9 Workplace relations 35
The Treasurer may negotiate and enter into agreements or industrial 36
instruments concerning workplace relations for or on behalf of the State 37
or a public sector agency in connection with the operation of this 38
Schedule. 39
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Schedule 4 Employee protections
10 Operation of Commonwealth law 1
(1) A provision of this Schedule (including a provision to the extent that it 2
imposes or continues a term or condition of employment) has no effect 3
to the extent of any inconsistency with any provision of the Fair Work 4
Act 2009 of the Commonwealth or of any instrument under that Act. 5
(2) This clause is not intended to limit the operation of section 22 6
(Construction of Act and instruments so as not to exceed legislative 7
power) of this Act. 8
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
2010
Waste Assets Management Corporation Schedule 5
Schedule 5 Waste Assets Management Corporation 1
(Section 14) 2
1 General Manager 3
(1) The General Manager of the Corporation is the person holding office as 4
such under Chapter 1A of the Public Sector Employment and 5
Management Act 2002. 6
(2) The General Manager is responsible for the day-to-day management of 7
the affairs of the Corporation and any act, matter or thing done in the 8
name of, or on behalf of, the General Manager is taken to have been 9
done by the Corporation. 10
2 Staff 11
The Corporation cannot employ any staff. 12
Note. Staff may be employed under Chapter 1A of the Public Sector 13
Employment and Management Act 2002 in the Government Service to enable 14
the Corporation to exercise its functions. 15
3 Subsidiaries 16
(1) Any function of the Corporation may be exercised by the Corporation 17
itself or by a private subsidiary corporation. 18
(2) The Corporation may: 19
(a) form, or participate in the formation of, private corporations, and 20
(b) acquire interests in private corporations, and 21
(c) sell or otherwise dispose of interests in private corporations. 22
(3) The Corporation must not, without the approval of the Treasurer: 23
(a) form, or participate in the formation of, a private subsidiary 24
corporation, or 25
(b) acquire an interest in a private corporation so that, as a result of 26
the acquisition, the corporation becomes a private subsidiary 27
corporation, or 28
(c) sell or otherwise dispose of any interest in a private subsidiary 29
corporation so that, as a result of the sale or disposal, it ceases to 30
be a private subsidiary corporation. 31
(4) A private subsidiary corporation is not, and does not represent, the 32
Crown. 33
(5) In this Schedule: 34
private corporation means a corporation within the meaning of the 35
Corporations Act formed in or outside New South Wales. 36
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Schedule 5 Waste Assets Management Corporation
private subsidiary corporation means a private corporation in which 1
the Corporation has a controlling interest. 2
4 Delegation of Corporation's functions 3
(1) The Corporation may delegate to an authorised person any of its 4
functions, other than this power of delegation. 5
(2) A delegate may sub-delegate to an authorised person any function 6
delegated by the Corporation if the delegate is authorised in writing to 7
do so by the Corporation. 8
(3) In this clause, authorised person means: 9
(a) a member of staff of the Corporation, or 10
(b) a private subsidiary corporation of the Corporation, or 11
(c) the holder of an office prescribed by the regulations. 12
5 Transfer of Corporation's assets, rights and liabilities 13
(1) This Act authorises the transfer of any assets, rights and liabilities of the 14
Corporation (or a private subsidiary corporation of the Corporation) to 15
any of the following: 16
(a) a public sector agency, 17
(b) a local authority, 18
(c) a private subsidiary corporation of the Corporation. 19
(2) The Treasurer may make vesting orders under Schedule 3 for the 20
purpose of transferring any assets, rights or liabilities of the Corporation 21
or a private subsidiary corporation under this clause, as if the 22
Corporation or private subsidiary corporation were a transaction 23
company. 24
6 Annual report 25
The annual report of the Corporation is to be included in the annual 26
report to Parliament of the Treasury or of such other Department of the 27
Public Service as the Treasurer may designate from time to time. 28
7 Seal of Corporation 29
The seal of the Corporation is to be kept by the General Manager, or by 30
a member of the staff of the Corporation authorised in that behalf by the 31
General Manager, and may be affixed to a document only: 32
(a) in the presence of the General Manager or that member of the 33
staff, and 34
(b) with an attestation by the signature of the General Manager or 35
that member of staff of the fact of the affixing of the seal. 36
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Waste Assets Management Corporation Schedule 5
8 Dissolution of Corporation 1
(1) The Governor may by proclamation appoint a day as the day on which 2
the Corporation is to be dissolved. 3
(2) On the appointed day, the Corporation is dissolved and any assets, 4
rights and liabilities of the Corporation become assets, rights and 5
liabilities of the Crown. 6
(3) Schedule 3 applies to the assets, rights and liabilities vested in the 7
Crown under this clause as if they had been vested by a vesting order 8
under that Schedule. 9
(4) Regulations of a savings and transitional nature may be made 10
consequent on the dissolution of the Corporation. 11
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Waste Recycling and Processing Corporation (Authorised Transaction) Bill
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Schedule 6 Amendment of Acts
Schedule 6 Amendment of Acts 1
6.1 Public Finance and Audit Act 1983 No 152 2
Schedule 2 Statutory bodies 3
Insert in alphabetical order: 4
Waste Assets Management Corporation 5
6.2 State Owned Corporations Act 1989 No 134 6
Schedule 5 Statutory SOCs 7
Omit "Waste Recycling and Processing Corporation". 8
6.3 Subordinate Legislation Act 1989 No 146 9
Schedule 4 Excluded instruments 10
Insert at the end of the Schedule (with appropriate item numbering): 11
Regulations under the Waste Recycling and Processing 12
Corporation (Authorised Transaction) Act 2010. 13
Page 32
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