(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).