South Australian Current Acts

ELECTRICITY CORPORATIONS (RESTRUCTURING AND DISPOSAL) ACT 1999 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"asset" means—

            (a)         a present, contingent or future legal or equitable estate or interest in real or personal property; or

            (b)         a present, contingent or future right, power, privilege or immunity,

and includes, in relation to a transfer made or lease granted by a transfer order, sale/lease agreement or special order, a present or future cause of action in favour of the transferor or lessor;

"authorised project"—see section 5;

"body" includes a Minister;

"cause of action" includes any right to bring, defend or participate in legal proceedings;

"dispose" of an asset includes grant a lease in respect of the asset;

"document" includes a disc, tape or other medium in which information is stored;

"electricity corporation" means—

            (c)         an electricity transmission corporation established under the Electricity Corporations Act 1994 ; or

            (d)         a subsidiary of a body referred to in a preceding paragraph of this definition;

"electricity infrastructure" has the same meaning as in the Electricity Act 1996 ;

"employee" includes an officer;

"employee transfer order"—see section 23;

"ETSA" means ETSA Corporation established under the Electricity Corporations Act 1994 ;

"instrument" includes a written agreement, undertaking or understanding, a legislative instrument and a judgment, order or process of a court;

"lease" includes—

            (a)         a sub-lease or other derivative of a lease; and

            (b)         a licence or an agreement to grant a lease or licence,

(and "lessor" and "lessee" have corresponding meanings and include successors and assigns);

"leased asset" means an asset in respect of which a lease is granted by a transfer order or sale/lease agreement;

"legal proceedings" includes an arbitration and an administrative proceeding;

"liability" means a present, future or contingent liability (arising either at law or in equity) and includes—

            (a)         a duty or non-pecuniary obligation; and

            (b)         in relation to a transfer made or lease granted by a transfer order, sale/lease agreement or special order, a present or future cause of action against the transferor or lessor;

"public lighting infrastructure" means poles, equipment, fittings or wiring associated with the provision of lighting in a street or other public place;

"purchaser" includes a person who acquires a leasehold interest or rights in respect of an asset;

"SAGC" means SA Generation Corporation established under the Electricity Corporations Act 1994 ;

"sale/lease agreement"—see section 13;

"security" means—

            (a)         a mortgage or charge; or

            (b)         a guarantee or indemnity; or

            (c)         any other security for, or instrument relating to, the payment of money or the discharge of a liability;

"specially issued licence" means a licence under the Electricity Act 1996 issued in accordance with an order of the Minister under Part 5;

"special order"—see section 16;

"State-owned company" means—

            (a)         a company incorporated under the Corporations Law all the shares of which are held by Ministers of the Crown, nominated by the Minister by notice in the Gazette as a State-owned company for the purposes of this Act; or

            (b)         a subsidiary of such a company;

"statutory corporation" has the same meaning as in the Public Corporations Act 1993 ;

"subsidiary", in relation to a body corporate, means—

            (a)         a company that is a subsidiary of the body corporate within the meaning of the Corporations Law ; or

            (b)         a body corporate established as a subsidiary of the body corporate under the Public Corporations Act 1993 ; or

            (c)         a company that is classified by the Minister by notice in the Gazette as a subsidiary of the body corporate;

"transfer order"—see section 8;

"transferred asset" means an asset transferred by a transfer order, sale/lease agreement or special order;

"transferred instrument"—see sections 8, 14 and 16;

"transferred liability" means a liability transferred by a transfer order, sale/lease agreement or special order;

"vesting order"—see section 12.

        (2)         The Minister may, by notice in the Gazette, vary or revoke a notice issued for the purposes of a definition contained in subsection (1).