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TASMANIA
__________
TASMANIAN PORTS CORPORATION BILL 2005
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Purposes of Act
4. Interpretation
5. Transfer day
PART 2 - TASMANIAN PORTS CORPORATION PTY. LTD.
6. Principal objectives of Corporation
7. Constitution of Corporation
8. Members of Corporation
9. Shares
10. Consideration for further shares
11. Limitation on sale of shares
12. Directors of Corporation
13. Status of Corporation
14. Accounts and report of Corporation
15. Loan from Treasurer
16. Guarantee or indemnity
17. Fees in respect of guarantee and indemnity
18. Tax equivalents
[Bill 48]-X
19. Effect of Financial Agreement Act 1994
PART 3 - TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES
TO CORPORATION
20. Transfer of assets and liabilities to Corporation
21. Construction of instruments
22. Continuation and institution of proceedings, &c.
23. Contracts
24. Arrangements for employees of port company to transfer to
Corporation
PART 4 - TRANSFER OF ASSETS AND LIABILITIES TO CROWN
25. Transfer of assets and liabilities to Crown
26. Construction of documents
27. Continuation and institution of proceedings, &c.
28. Contracts
PART 5 - MISCELLANEOUS
29. Displacement of Corporations legislation
30. Delegation by Minister
31. Repeal of Port Companies Act 1997 and Port Companies
Regulations 1999
32. Directors of port companies
33. Regulations
34. Administration of Act
35. Consequential Amendments
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
2
TASMANIAN PORTS CORPORATION BILL 2005
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to provide for the control of, and other matters
relating to, the Tasmanian Ports Corporation Pty. Ltd., for
the transfer to that Corporation or the Crown of the assets
and liabilities of the four port companies formed under the
Port Companies Act 1997, for the repeal of the Port
Companies Act 1997 and recision of the Port Companies
Regulations 1999 and for related matters
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Tasmanian Ports
Corporation Act 2005.
2. Commencement
(1) This Act, other than section 35 and Schedule 1,
commences on the day on which this Act
receives the Royal Assent.
(2) Section 35 and Schedule 1 commence on the
transfer day.
[Bill 48] 3
s. 3 No. Tasmanian Ports Corporation 2005
3. Purposes of Act
The purposes of this Act are to -
(a) provide for matters relating to the control
of the Tasmanian Ports Corporation Pty.
Ltd. (ACN 114 161 938) registered under
the Corporations Act; and
(b) vest the assets and liabilities of the port
companies in either the Corporation or
the Crown; and
(c) make provision in respect of the
employees of the port companies
consequent on the transfer of those assets
and liabilities.
4. Interpretation
In this Act, unless the contrary intention
appears -
"annual general meeting" means the annual
general meeting of the Corporation held
in accordance with its constitution;
"asset" includes any, and any part of any,
property, business, operation and right;
"Board" means the Board of Directors of the
Corporation;
"constitution" means the constitution of the
Corporation;
"Corporation" means the Tasmanian Ports
Corporation Pty. Ltd.
4
2005 Tasmanian Ports Corporation No. s. 4
(ACN 114 161 938) registered under the
Corporations Act;
"Crown asset or liability" means an asset or
liability that is transferred to the Crown
by a notice made under section 25;
"director" means a director of the
Corporation;
"document" includes an instrument and part
of a document;
"legal or other proceeding" includes
arbitration proceedings and mediation
proceedings;
"liability" includes any, or any part of any,
liability, duty and obligation, whether
actual, contingent or prospective;
"member", in respect of the Corporation,
means a member referred to in section 8;
"port company" means any of the following
companies formed under the Port
Companies Act 1997 and registered
under the Corporations Act:
(a) Hobart Ports Corporation Pty.
Ltd. (ACN 078 720 180);
(b) Port of Launceston Pty. Ltd.
(ACN 078 720 108);
(c) Port of Devonport Corporation
Pty. Ltd. (ACN 078 720 224);
(d) Burnie Port Corporation Pty. Ltd.
(ACN 078 720 279);
5
s. 5 No. Tasmanian Ports Corporation 2005
"principal objectives" means the objectives
of the Corporation specified in section 6;
"property" means -
(a) any legal or equitable estate or
interest (whether present or future
and whether vested or contingent)
in real or personal property; and
(b) money, documents and securities;
and
(c) shares in a subsidiary held by a
port company; and
(d) any other rights;
"right" includes any right, power, privilege
and immunity, whether actual, contingent
or prospective;
"subsidiary" has the same meaning as in the
Corporations Act;
"transfer day" means the day determined by
the Minister under section 5 to be the
transfer day;
"transferred asset or liability" means an
asset that vests in, or a liability that
becomes a liability of, the Corporation by
the operation of section 20.
5. Transfer day
(1) The Minister, by notice published in the Gazette,
may determine a day to be the transfer day.
6
2005 Tasmanian Ports Corporation No. s. 5
(2) A notice under subsection (1) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
7
s. 6 No. Tasmanian Ports Corporation 2005
PART 2 - TASMANIAN PORTS CORPORATION PTY.
LTD.
6. Principal objectives of Corporation
The principal objectives of the Corporation are -
(a) to facilitate trade for the benefit of
Tasmania; and
(b) to operate its activities in accordance
with sound commercial practice.
7. Constitution of Corporation
(1) The constitution of the Corporation is to include
the principal objectives of the Corporation.
(2) The provisions of the constitution of the
Corporation are to be consistent with this Act.
8. Members of Corporation
(1) The members of the Corporation are 2 persons of
whom -
(a) one is the Minister; and
(b) one is the Minister administering the
Government Business Enterprises Act
1995.
(2) If at any time the one person is both the Minister
and the Minister administering the Government
Business Enterprises Act 1995, the members of
the Corporation are 2 persons of whom -
8
2005 Tasmanian Ports Corporation No. s. 9
(a) one is the Minister; and
(b) one is another Minister determined by
the Minister to be a member of the
Corporation.
9. Shares
Shares issued to the members of the Corporation
are held by the members in trust for the Crown.
10. Consideration for further shares
The consideration for any further shares issued
to the members of the Corporation after the
commencement of this section is to be any one
or more of the following as determined by
agreement between the Corporation and its
members:
(a) any money provided by Parliament for
that purpose;
(b) any assets or rights vested in the
Corporation under section 20(2);
(c) any other consideration as so agreed.
11. Limitation on sale of shares
(1) The members of the Corporation may not sell or
otherwise dispose of the shares in the
Corporation held by them unless the sale or
disposal is approved by each House of
Parliament.
9
s. 11 No. Tasmanian Ports Corporation 2005
(2) For the purposes of subsection (1), a sale or
disposal is approved by a House of Parliament -
(a) when the House passes a motion
approving the sale or disposal; or
(b) if no notice of a motion to disapprove the
sale or disposal is before the House at the
end of the period of 5 sitting-days after
notice of the sale or disposal was laid
before the House, when that period ends;
or
(c) if notice of any such motion to
disapprove is before the House at the end
of that period, when the first of the
following occurs:
(i) the notice is withdrawn;
(ii) the motion is negatived;
(iii) a further period of 5 sitting-days
ends.
(3) The members of the Corporation must not vote
at a meeting of the shareholders of the
Corporation to allow the Corporation to -
(a) offer shares in the Corporation for
subscription; or
(b) grant options over unissued shares in the
Corporation; or
(c) invite persons to subscribe for shares in
the Corporation; or
(d) allot or issue shares in the Corporation
on a basis other than to existing
10
2005 Tasmanian Ports Corporation No. s. 12
shareholders pro rata to their existing
shareholdings.
(4) In subsection (3), a reference to shares includes a
reference to shares of a kind specified in section
254A(1) of the Corporations Act.
12. Directors of Corporation
(1) The members of the Corporation are to ensure
that it has a Board of Directors who have the
experience and skills necessary to enable the
Corporation to achieve its objectives.
(2) The members of the Corporation are to appoint
the Board in accordance with the constitution.
(3) Whenever a vacancy arises on the Board and at
least 3 months before the annual general meeting
of the Corporation if practicable or, if not
practicable, at such other time as the Minister
determines, the Minister is to establish a panel
consisting of -
(a) the chairperson of the Board; and
(b) the Secretary of the Department; and
(c) the Secretary of the department
responsible for the administration of the
State Policies and Projects Act 1993; and
(d) the Secretary of the department
responsible for the administration of the
Government Business Enterprises Act
1995.
(4) The Board may submit to the panel a list of
names of persons suitable for appointment as
11
s. 12 No. Tasmanian Ports Corporation 2005
subsequent directors and chairperson of the
Board.
(5) The panel is to submit to the members of the
Corporation a list of names of persons suitable
for appointment as subsequent directors and
chairperson of the Board.
(6) The panel may regulate its own proceedings as it
considers appropriate, including the calling of,
and the conduct of business at, its meetings.
(7) The panel may permit members to participate in
a particular meeting or all meetings by
telephone, video conference or any other means
of communication and a member who
participates in a meeting as permitted under this
subsection is taken to be present at the meeting.
(8) If that number of members of the panel that
constitutes a quorum signs a document
containing a statement that they are in favour of
a resolution or proposal set out in the document,
a resolution or proposal in those terms is taken to
have been passed or agreed to at a meeting of the
panel on the day on which the document is
signed or, if the members do not sign it on the
same day, on the day on which the last of the
members signs the document.
(9) For the purposes of subsection (8), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one
or more members, is taken to constitute one
document.
12
2005 Tasmanian Ports Corporation No. s. 13
13. Status of Corporation
(1) Unless this or any other Act expressly provides
otherwise, the Corporation or a subsidiary of the
Corporation -
(a) is not, and does not represent, the Crown;
and
(b) is not exempt from any rates, tax, duty or
other impost under any law merely
because the Crown has beneficial
ownership of shares in it.
(2) The Crown is not liable for any liability or
obligation of the Corporation or subsidiary of the
Corporation unless the Treasurer gives a
guarantee or indemnity under section 16 in
relation to that liability or obligation.
14. Accounts and report of Corporation
(1) The Board is to provide the Minister with a copy
of each of the following documents:
(a) the constitution of the Corporation, the
constitution of each of the Corporation's
subsidiaries and any amendments to any
of those constitutions;
(b) any financial statement, directors' report
and auditor's report for the Corporation.
(2) The Minister is to cause to be laid before each
House of Parliament each copy provided to him
or her under subsection (1) within 7 sitting-days
after receiving it.
13
s. 15 No. Tasmanian Ports Corporation 2005
15. Loan from Treasurer
(1) The Treasurer may lend to the Corporation or
any of its subsidiaries, out of money provided by
Parliament for the purpose, any money that the
Treasurer considers appropriate.
(2) A loan is subject to any conditions determined
by the Treasurer.
(3) An amount lent under subsection (1) and any
interest or other charge payable in respect of the
loan is a debt repayable by the Corporation or
subsidiary into the Consolidated Fund.
16. Guarantee or indemnity
(1) On the written request of the Corporation or its
subsidiary, the Treasurer, in writing, may
guarantee, give an indemnity in relation to, or
guarantee and give an indemnity in relation to -
(a) the repayment of any money lent or
agreed to be lent to the Corporation or
subsidiary; or
(b) the performance of an obligation
undertaken by the Corporation or
subsidiary or which the Corporation or
subsidiary has agreed to undertake
(whether that obligation is monetary or
otherwise).
(2) A guarantee or an indemnity -
(a) may include a guarantee of, or an
indemnity relating to, any interest and
other charges payable in respect of
14
2005 Tasmanian Ports Corporation No. s. 17
money lent or agreed to be lent or in
respect of or arising from an obligation
undertaken or agreed to be undertaken;
and
(b) is subject to any conditions determined
by the Treasurer and specified in the
guarantee or indemnity.
(3) The Treasurer is to make any payment required
under or arising from a guarantee or indemnity
out of money provided by Parliament for the
purpose.
(4) This section has effect regardless of whether the
loan or obligation was undertaken, agreed to be
undertaken or required to be repaid or performed
in Tasmania or elsewhere.
17. Fees in respect of guarantee and indemnity
(1) If the Treasurer gives a guarantee or indemnity,
or both, to the Corporation or a subsidiary of the
Corporation under section 16, the provisions of
Division 1 of Part 11 of the Government
Business Enterprises Act 1995 apply in relation
to the Corporation and the subsidiary as if -
(a) the Corporation or subsidiary were a
Government Business Enterprise
specified in Schedule 3 to that Act; and
(b) a reference to financial accommodation
in that Division were a reference to a
financial benefit arising from a guarantee
or indemnity, or both, given under
section 16 of this Act.
15
s. 18 No. Tasmanian Ports Corporation 2005
(2) Any Treasurer's Instructions issued under the
Government Business Enterprises Act 1995
providing for guidelines in respect of -
(a) the determination, calculation and
payment of guarantee fees; or
(b) any other matter relating to guarantee
fees -
apply to the Corporation or a subsidiary of the
Corporation as if the Corporation or subsidiary
were a Government Business Enterprise under
that Act.
18. Tax equivalents
(1) The provisions of Part 10 of the Government
Business Enterprises Act 1995 apply in relation
to the Corporation and a subsidiary of the
Corporation as if -
(a) the Corporation were a Government
Business Enterprise specified in
Schedule 2 to that Act; and
(b) the subsidiary were a subsidiary within
the meaning of that Act.
(2) Any Treasurer's Instructions issued under the
Government Business Enterprises Act 1995
providing for guidelines in respect of -
(a) the determination, calculation and
payment of income tax equivalents; or
(b) any other matter relating to income tax
equivalents -
16
2005 Tasmanian Ports Corporation No. s. 18
apply to the Corporation and a subsidiary of the
Corporation as if the Corporation were a
Government Business Enterprise under that Act
and the subsidiary were a subsidiary within the
meaning of that Act.
(3) The balance of any losses of a port company are
available to the Corporation for the purposes of
the calculation of an income tax equivalent
under the Government Business Enterprises Act
1995 in respect of the financial year ending on
30 June 2006.
(4) In subsection (3) -
"balance of any losses", in respect of a port
company, means the balance of losses of
the port company -
(a) as calculated in accordance with
the Treasurer's Instructions
issued under the Government
Business Enterprises Act 1995 as
at the day immediately before the
transfer day; and
(b) that would, if the day before the
transfer day were the end of the
financial year, be available to be
carried forward from one
financial year to the next in
relation to the calculation of the
taxable income of the port
company under the Income Tax
Assessment Act 1936 of the
Commonwealth and the Income
Tax Assessment Act 1997 of the
Commonwealth.
17
s. 19 No. Tasmanian Ports Corporation 2005
19. Effect of Financial Agreement Act 1994
If, under section 5(1) of the Financial Agreement
Act 1994, the Treasurer requires the Corporation
or a subsidiary of the Corporation to do or
refrain from doing anything for the purpose of
implementing the Agreement, within the
meaning of that Act, the Corporation or
subsidiary must comply with that requirement.
18
2005 Tasmanian Ports Corporation No. s. 20
PART 3 - TRANSFER OF ASSETS, LIABILITIES AND
EMPLOYEES TO CORPORATION
20. Transfer of assets and liabilities to Corporation
(1) In this section -
"State tax" means any of the following if
imposed by any Act or law of Tasmania:
(a) a fee, including an application fee
and registration fee;
(b) a tax, including a duty;
(c) a charge.
(2) On the transfer day -
(a) the assets of each of the port companies
vest in the Corporation; and
(b) the liabilities of each of the port
companies become the liabilities of the
Corporation.
(3) For the purposes of the application of
subsection (2), a notice made under section 25 is
taken to take effect immediately before assets
vest in, and liabilities become the liabilities of,
the Corporation by reason of subsection (2).
(4) State tax is not payable in respect of any
document prepared to give effect to
subsection (2).
19
s. 21 No. Tasmanian Ports Corporation 2005
21. Construction of instruments
(1) In this section -
"document" means a document, or part of a
document -
(a) that was in force immediately
before the transfer day; and
(b) in which there is a reference to
one or more of the port
companies -
but does not include a document, or part
of a document, that relates to a Crown
asset or liability.
(2) Unless the context or subject matter of a
document requires otherwise, on and after the
transfer day a reference in the document to a port
company is taken, where appropriate, to be or
include a reference to the Corporation.
22. Continuation and institution of proceedings, &c.
(1) This section does not apply to any legal or other
proceeding, or judgment or order of a court, that
relates to a Crown asset or liability.
(2) On and after the transfer day -
(a) legal or other proceedings instituted by
or against a port company before, and
pending on, the transfer day may be
continued by or against the Corporation;
and
20
2005 Tasmanian Ports Corporation No. s. 23
(b) any legal or other proceedings that,
immediately before the transfer day,
could have been instituted by or against a
port company may be instituted by or
against the Corporation; and
(c) a judgment or order of a court obtained
before the transfer day by or against a
port company may be enforced by or
against the Corporation; and
(d) a document relating to legal or other
proceedings that has been served on or
by a port company before the transfer
day is taken, where appropriate, to have
been served on or by the Corporation.
23. Contracts
(1) In this section -
"contract" means a contract, agreement,
arrangement, undertaking or part of a
contract, agreement, arrangement or
undertaking, but does not include -
(a) a contract of employment; or
(b) a contract that relates to a Crown
asset or liability.
(2) A contract made or entered into by a port
company, but not performed, executed,
discharged or otherwise terminated, before the
transfer day is taken to be a contract made or
entered into by the Corporation.
21
s. 24 No. Tasmanian Ports Corporation 2005
(3) A party to a contract referred to in subsection (2)
is not entitled to terminate that contract, claim
that there has been a breach or default of
contract or claim any remedy by reason only of
the operation of this Act.
24. Arrangements for employees of port company to
transfer to Corporation
(1) In this section -
"transferred employee" means a person who
becomes the employee of the
Corporation on the transfer day by the
operation of subsection (4).
(2) As soon as practicable after the transfer day is
notified in the Gazette under section 5, the
Corporation is to give to each port company
written notice of the date of the transfer day.
(3) As soon as practicable after receiving notice of
the date of the transfer day, each port company is
to give to each of its employees written notice
that his or her employment is to be transferred
on that date to the Corporation by the operation
of subsection (4).
(4) On the transfer day, a person who is an
employee of a port company -
(a) becomes an employee of the Corporation
and the Corporation becomes the
employer of that person; and
(b) that person ceases to be an employee of
the port company.
22
2005 Tasmanian Ports Corporation No. s. 24
(5) A transferred employee -
(a) is to be employed by the Corporation for
not less than the same remuneration as he
or she was receiving immediately before
becoming a transferred employee; and
(b) except where an award, industrial
agreement or any other law otherwise
provides, retains all accrued entitlements
as if employment as an employee of the
Corporation were a continuation of
employment with the port company; and
(c) is entitled to claim those entitlements
against the Corporation; and
(d) is not entitled to any compensation or
other payment in respect of the change of
employer or any change in his or her
position description, title, role or duties
that results from the change in his or her
employment from a port company to the
Corporation.
(6) Subject to subsections (8) and (9), a contract of
employment that had effect in relation to a
person immediately before the person became a
transferred employee continues to have effect in
relation to the person as a transferred employee.
(7) The period of service with a port company of a
person who becomes a transferred employee is
taken to be service with the Corporation.
(8) A chief executive officer of a port company
whose employment is transferred to the
Corporation by the operation of subsection (4) is
not transferred to the position of chief executive
23
s. 24 No. Tasmanian Ports Corporation 2005
officer of the Corporation unless the Board has
appointed him or her to that position.
(9) Before, or as soon as practicable after, the
employment of a person is transferred to the
Corporation by the operation of subsection (4),
the Corporation by written notice provided to the
person may determine position description, title,
role or duties for the position to be occupied, or
occupied, by the person in the Corporation that
is different from his or her position description,
title, role or duties in the port company.
(10) Nothing in this section prevents any of the terms
of employment of a transferred employee being
altered by an award, industrial agreement or law
after he or she becomes a transferred employee.
24
2005 Tasmanian Ports Corporation No. s. 25
PART 4 - TRANSFER OF ASSETS AND LIABILITIES
TO CROWN
25. Transfer of assets and liabilities to Crown
(1) In this section -
"State tax" means any of the following if
imposed by any Act or law of Tasmania:
(a) a fee, including an application fee
and registration fee;
(b) a tax, including a duty;
(c) a charge.
(2) The Minister, by one or more notices published
in the Gazette on or before the transfer day,
may -
(a) transfer an asset or a liability of a port
company to the Crown (whether or not
that transfer is for a consideration); and
(b) specify conditions relating to that
transfer; and
(c) provide for any matter that is incidental
to that transfer.
(3) Consideration for a transfer under subsection (2)
of an asset or liability may be by assumption of
liabilities or otherwise.
(4) On the transfer day -
(a) a notice under subsection (2) takes effect;
and
25
s. 25 No. Tasmanian Ports Corporation 2005
(b) the assets specified in a notice under
subsection (2) vest in the Crown subject
to any relevant conditions specified in
the notice; and
(c) any liability specified in a notice under
subsection (2) becomes a liability of the
Crown subject to any relevant conditions
specified in the notice.
(5) If any dispute arises -
(a) as to whether an asset or liability is
transferred to the Crown under
subsection (2); or
(b) as to whether any, or any part of any,
contract relates to an asset or liability that
is transferred under subsection (2) -
the Minister may determine the matter and is to
provide the port company concerned, the
Corporation and any relevant Head of Agency,
within the meaning of the State Service Act
2000, with written notice of that determination.
(6) The determination of the Minister under
subsection (5) is final and binding on the port
company concerned, the Corporation and the
Crown.
(7) A notice under subsection (2) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
(8) State tax is not payable in respect of a notice
under subsection (2) or any document prepared
to give effect to subsection (4).
26
2005 Tasmanian Ports Corporation No. s. 26
26. Construction of documents
(1) In this section -
"document" means a document, or part of a
document -
(a) that was in force immediately
before the transfer day; and
(b) in which there is a reference to
one or more of the port
companies; and
(c) that relates to a Crown asset or
liability.
(2) Unless the context or subject matter of a
document requires otherwise, on and after the
transfer day a reference in the document to a port
company is taken, where appropriate, to be or
include a reference to the Crown.
27. Continuation and institution of proceedings, &c.
(1) This section applies to any legal or other
proceeding, or judgment or order of a court, that
relates to a Crown asset or liability.
(2) On and after the transfer day -
(a) any legal or other proceedings instituted
by or against a port company before, and
pending on, the transfer day may be
continued by or against the Crown; and
(b) any legal or other proceedings in respect
of a Crown asset or liability that,
immediately before the transfer day,
27
s. 28 No. Tasmanian Ports Corporation 2005
could have been instituted by or against a
port company may be instituted by or
against the Crown; and
(c) a judgment or order of a court obtained
before the transfer day by or against a
port company may be enforced by or
against the Crown; and
(d) a document relating to legal or other
proceedings that has been served on or
by a port company before the transfer
day is taken, where appropriate, to have
been served on or by the Crown.
28. Contracts
(1) In this section -
"contract" means a contract, agreement,
arrangement or undertaking, or part of a
contract, agreement, arrangement or
undertaking, that relates to a Crown asset
or liability but does not include a contract
of employment.
(2) A contract made or entered into by a port
company, but not performed, executed,
discharged or otherwise terminated, before the
transfer day is taken to be a contract made or
entered into by the Crown.
(3) A party to a contract referred to in subsection (2)
is not entitled, by reason only of the operation of
this Act -
(a) to terminate that contract; or
28
2005 Tasmanian Ports Corporation No. s. 28
(b) to claim that there has been a breach or
default of contract; or
(c) to claim any remedy.
29
s. 29 No. Tasmanian Ports Corporation 2005
PART 5 - MISCELLANEOUS
29. Displacement of Corporations legislation
A provision of this Act is a Corporations
legislation displacement provision for the
purposes of section 5G of the Corporations Act.
30. Delegation by Minister
The Minister, in writing, may delegate to any
person any of his or her powers or functions
under this Act, other than this power of
delegation.
31. Repeal of Port Companies Act 1997 and Port
Companies Regulations 1999
The Governor, by proclamation, may -
(a) repeal the Port Companies Act 1997; and
(b) rescind the Port Companies Regulations
1999.
32. Directors of port companies
(1) The appointment of a person as a director of a
port company is revoked on the day the company
is deregistered under the Corporations Act.
(2) A person is not entitled to any compensation or
other payment in respect of the revocation of an
appointment under subsection (1) despite
30
2005 Tasmanian Ports Corporation No. s. 33
anything to the contrary in his or her instrument
of appointment.
33. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act.
(3) A provision referred to in subsection (2) may
take effect on the day on which this section
commences or a later day.
34. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Infrastructure, Energy
and Resources; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
35. Consequential Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
31
sch. 1 No. Tasmanian Ports Corporation 2005
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 35
Crown Lands Act 1976
1. Section 53(2) is amended by inserting after
paragraph (a) the following paragraph:
(ab) by the Tasmanian Ports Corporation Pty.
Ltd. (ACN 114 161 938); or
Homes Act 1935
1. Section 15A(3)(c) is amended by omitting "and
any marine board or harbour trust".
Inland Fisheries Act 1995
1. Section 126(2)(b) is amended by omitting
"marine board" and substituting "the Tasmanian
Ports Corporation Pty. Ltd. (ACN 114 161
938)".
Police Offences Act 1935
1. Section 3(1) is amended by omitting
"appropriate companies constituted under the
Port Companies Act 1997" from the definition of
"public authority" and substituting "the
Tasmanian Ports Corporation Pty. Ltd.
(ACN 114 161 938)".
32
2005 Tasmanian Ports Corporation No. sch. 1
Self's Point Land Act 1951
1. Section 4(1)(d) is amended by omitting "Hobart
Marine Board" and substituting "Tasmanian
Ports Corporation Pty. Ltd. (ACN
114 161 938)".
2. Section 5 is repealed.
Tasmanian Public Finance Corporation Act 1985
1. Section 3(1) is amended by omitting paragraph
(c) from the definition of "participating
authority" and substituting:
(c) the Tasmanian Ports Corporation Pty.
Ltd. (ACN 114 161 938) while all the
shares in that corporation are held in trust
for the Crown;
Waterworks Clauses Act 1952
1. Section 23 is amended by omitting "marine
board or harbour trust within the jurisdiction of
which the port lies," and substituting
"Tasmanian Ports Corporation Pty. Ltd. (ACN
114 161 938)".
Government Printer, Tasmania 33