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This is a Bill, not an Act. For current law, see the Acts databases.


PILBARA PORT ASSETS (DISPOSAL) BILL 2015

                    Western Australia


 Pilbara Port Assets (Disposal) Bill 2015

                       Contents

      Part 1 -- Preliminary matters
1.    Short title                                        2
2.    Commencement                                       2
3.    Terms used                                         2
4.    Associated assets and associated agencies          6
5.    Purposes of section 10 disposal                    6
6.    Things on land                                     6
7.    Severance of things on land                        6
8.    Act binds Crown                                    7
      Part 2 -- Enabling disposal
9.    Disposal of port assets and associated assets
      authorised                                         8
10.   Minister may order disposal of port assets or
      associated assets                                  8
11.   Effecting disposal                                 9
12.   Disposal of land                                   9
13.   Land subject to unregistered leases with terms
      exceeding 5 years                                 11
14.   Functions and powers of Minister                  11
15.   Functions and powers of Authority                 11
16.   Functions and powers of associated agencies       11
17.   Functions and powers of corporate vehicles        11
18.   Directions by Minister                            12
19.   Regulations about corporate vehicles and trusts   12
      Part 3 -- Implementing disposal
      Division 1 -- Transfer orders
20.   Minister may make transfer orders                 14
21.   Consequences of transfer orders                   15


                         161--2                          page i
Pilbara Port Assets (Disposal) Bill 2015



Contents



      22.      Completion of transactions for this Division            16
      23.      Effect of arrangements internal to transferors          16
      24.      Delivery and access to records                          17
      25.      Registration of documents                               17
      26.      Correction of errors in transfer orders                 18
               Division 2 -- Disclosure of information
      27.      Authorised disclosure of information                    19
      28.      Auditor General may disclose information                20
      29.      Offence of disclosing information                       20
               Division 3 -- Other matters
      30.      Application of proceeds of disposal                     21
      31.      Provision by State of indemnities and guarantees        21
      32.      Takeover by State of certain obligations                21
               Part 4 -- Provisions relating to
                    corporate vehicles
      33.      Application of this Part                                23
      34.      Acquirer's powers and duties                            23
      35.      Application of written laws to acquirer                 23
               Part 5 -- Provisions relating to leases
                    and licences
      36.      Term used: port facilities instrument                   24
      37.      Minister may designate certain matters                  24
      38.      Effect of provisions of port facilities instrument      25
      39.      References to port authority may include other
               entities                                                26
      40.      Making and registration of certain lease variations     27
               Part 6 -- Miscellaneous matters
      41.      Exemption from State tax                                29
      42.      Effect of this Act on existing rights and obligations   30
      43.      No compensation payable                                 30
      44.      Government agreements not affected                      31
      45.      Regulations for purposes of, or consequential on,
               section 10 disposals                                    31
      46.      Regulations for purposes of providing access to
               services                                                32
      47.      Regulations                                             35


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                Pilbara Port Assets (Disposal) Bill 2015



                                               Contents



Schedule 1 -- Utah Point Bulk
    Handling Facility
Defined terms




                                                page iii
                            Western Australia


                      LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)

       Pilbara Port Assets (Disposal) Bill 2015

                                A Bill for


An Act to provide for the disposal of the whole or part of certain
businesses carried on by, or all or any of certain assets or liabilities
owned or managed by, the Pilbara Ports Authority, and for related
purposes.



The Parliament of Western Australia enacts as follows:




                                                                   page 1
     Pilbara Port Assets (Disposal) Bill 2015
     Part 1          Preliminary matters

     s. 1



1                     Part 1 -- Preliminary matters
2    1.       Short title
3             This is the Pilbara Port Assets (Disposal) Act 2015.

4    2.       Commencement
5             This Act comes into operation on the day after the day on which
6             it receives the Royal Assent.

7    3.       Terms used
8             In this Act, unless the contrary intention appears --
9             acquirer means the entity to which a port asset or associated
10            asset is disposed of for the purposes of a section 10 disposal;
11            asset means property of any kind whether tangible, intangible,
12            real or personal and includes (without limitation) --
13              (a) any chose in action, goodwill, right, interest or claim of
14                     any kind, whether arising from, accruing under, created
15                     or evidenced by or the subject of an instrument or
16                     otherwise and whether liquidated or unliquidated or
17                     actual, contingent or prospective; and
18              (b) a contractual right that is to be regarded as arising
19                     because of section 23(2);
20            Authority means the Pilbara Ports Authority under the Port
21            Authorities Act 1999;
22            associated agency has the meaning given in section 4(3);
23            associated asset means an associated State asset or an
24            associated SC asset;
25            associated SC asset has the meaning given in section 4(2);
26            associated State asset has the meaning given in section 4(1);
27            company means a company registered under the Corporations
28            Act 2001 (Commonwealth);



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                                Pilbara Port Assets (Disposal) Bill 2015
                                     Preliminary matters          Part 1

                                                                    s. 3



1    corporate vehicle means --
2      (a) a company created for the purposes of this Act each
3             security in which is held by the Minister or the Treasurer
4             on behalf of the State; or
5      (b) a subsidiary under the Corporations Act 2001
6             (Commonwealth) of a company referred to in
7             paragraph (a); or
8      (c) a subsidiary under the Port Authorities Act 1999 of the
9             Authority; or
10     (d) a subsidiary of a subsidiary mentioned in paragraph (b)
11            or (c);
12   dispose of, in relation to a port asset or associated asset,
13   includes --
14     (a) to sell the port asset or associated asset; and
15     (b) to grant a lease or licence in respect of the port asset or
16            associated asset; and
17     (c) to create and assign an interest in the port asset or
18            associated asset;
19   disposer means the entity from which a port asset or associated
20   asset is disposed of for the purposes of a section 10 disposal;
21   lease includes a concurrent lease, a sublease or a concurrent
22   sublease;
23   liability --
24     (a) means any liability, duty or obligation --
25              (i) whether liquidated or unliquidated or actual,
26                    contingent or prospective; or
27             (ii) whether owed alone or jointly or jointly and
28                    severally with any other person;
29            and
30     (b) includes a contractual liability that is to be regarded as
31            arising because of section 23(2);



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     Pilbara Port Assets (Disposal) Bill 2015
     Part 1          Preliminary matters

     s. 3



1             port asset means --
2               (a) the whole or any part of a business carried on by, or any
3                     asset or liability owned or managed by, the Authority; or
4               (b) the whole or any part of a business carried on by, or any
5                     asset or liability owned by or managed on behalf of the
6                     Authority, an associated agency, a corporate vehicle or
7                     the State by, a corporate vehicle,
8             to the extent to which the business, asset or liability relates to or
9             comprises the Utah Point Bulk Handling Facility or is owned or
10            managed by the Authority and is, in the Minister's opinion,
11            associated with the Utah Point Bulk Handling Facility;
12            port authority means a port authority under the Port Authorities
13            Act 1999 section 3(1);
14            private entity means a person other than any of the following --
15              (a) a port authority;
16              (b) a statutory corporation;
17              (c) a corporate vehicle;
18              (d) the State;
19            port facility means --
20              (a) a port asset or associated asset disposed of under this
21                    Act; or
22              (b) an asset that was a port asset or associated asset before it
23                    was disposed of under this Act; or
24              (c) anything prescribed by the regulations to be a port
25                    facility for the purposes of the provision in which the
26                    term is used;
27            purposes, of a section 10 disposal, has the meaning given in
28            section 5;
29            regulations means regulations made under section 47;
30            right means any right, power, privilege or immunity whether
31            actual, contingent or prospective but, in relation to a transfer
32            order, does not include any privilege or immunity enjoyed as an


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                               Pilbara Port Assets (Disposal) Bill 2015
                                    Preliminary matters          Part 1

                                                                    s. 3



1    agent of the Crown except insofar as it relates to anything done
2    or omitted to be done before the transfer time;
3    section 10 disposal means a disposal for which an order is in
4    force under section 10;
5    statutory corporation means --
6      (a) a Minister or chief executive officer who is constituted,
7            or continued in existence, as a body corporate under an
8            Act; or
9      (b) any other body corporate, other than a port authority,
10           that is constituted, or continued in existence, under an
11           Act;
12   transferee, in relation to a transfer order, has the meaning given
13   in section 20(1)(b);
14   transferor, in relation to a transfer order, has the meaning given
15   in section 20(1)(b);
16   transfer order means a transfer order made under section 20 as
17   amended under that section or corrected under section 26;
18   transfer time, in relation to a transfer order, means the time
19   specified under section 20(1)(a) in the transfer order;
20   Utah Point Bulk Handling Facility means --
21     (a) the Authority berth known as berth 4 (shown for
22           information coloured red and marked as "PH 4" on the
23           map in Schedule 1); and
24     (b) the Authority stockyards known as stockyard 1 (shown
25           for information coloured red and marked as
26           "Stockyards" on the map in Schedule 1); and
27     (c) the Authority stockyards known as stockyard 2 (shown
28           for information coloured red and marked as "Atlas
29           Stockyard 2" on the map in Schedule 1).




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     Pilbara Port Assets (Disposal) Bill 2015
     Part 1          Preliminary matters

     s. 4



1    4.         Associated assets and associated agencies
2         (1)   An associated State asset is any asset or liability that --
3                (a) is owned by the State but is not owned or managed by a
4                      statutory corporation; and
5                (b) is, in the Minister's opinion, associated with a port asset.
6         (2)   An associated SC asset is any asset or liability that --
7                (a) is owned by, or managed on behalf of the State by, a
8                      statutory corporation; and
9                (b) is, in the Minister's opinion, associated with a port asset.
10        (3)   An associated agency is a statutory corporation that owns or
11              manages an associated SC asset.

12   5.         Purposes of section 10 disposal
13              The purposes of a section 10 disposal include the following --
14               (a) the purpose of effecting or facilitating the section 10
15                     disposal;
16               (b) any purpose ancillary or incidental to, or consequential
17                     on, the section 10 disposal.

18   6.         Things on land
19              A reference in this Act to a thing that is on land is to be taken to
20              be a reference to a thing that is on, in, over or under the land.

21   7.         Severance of things on land
22        (1)   The Minister may, by order in writing for the purposes of a
23              section 10 disposal, direct that a specified thing that is on land
24              and is capable of being disposed of is not part of the land,
25              regardless of whether it is in the nature of a fixture.
26        (2)   The effect of the order is that, for the purposes of a section 10
27              disposal, the thing --
28                (a) is taken to be severed from the land; and


     page 6
                                          Pilbara Port Assets (Disposal) Bill 2015
                                               Preliminary matters          Part 1

                                                                               s. 8



1                (b)    is capable of being assigned as personal property
2                       separately from the land; and
3                 (c)   is capable of being removed from the land by, or with
4                       the authority of, the owner of the land.
5         (3)   The severance of a thing from land under this section does not
6               affect the right of the thing to be situated on that land.
7         (4)   The Minister may vary or revoke an order made under
8               subsection (1).

9    8.         Act binds Crown
10              This Act binds the State and, so far as the legislative power of
11              the State permits, the Crown in all its other capacities.




                                                                           page 7
     Pilbara Port Assets (Disposal) Bill 2015
     Part 2          Enabling disposal

     s. 9



1                         Part 2 -- Enabling disposal
2    9.          Disposal of port assets and associated assets authorised
3          (1)   A port asset owned or managed by the Authority may be
4                disposed of, whether by the Authority or the State, if the
5                disposal is authorised by an order made under section 10.
6          (2)   A port asset owned or managed by a corporate vehicle may be
7                disposed of, whether by the corporate vehicle or the State, if the
8                disposal is authorised by an order made under section 10.
9          (3)   An associated State asset may be disposed of by the State if the
10               disposal is authorised by an order made under section 10.
11         (4)   An associated SC asset may be disposed of, whether by the
12               associated agency or the State, if the disposal is authorised by
13               an order made under section 10.

14   10.         Minister may order disposal of port assets or associated
15               assets
16         (1)   The Minister may, by order published in the Gazette --
17                (a) direct the disposal of all or specified port assets or all or
18                     specified associated assets; or
19                (b) vary or revoke an order made under paragraph (a), or
20                     under this paragraph, at any time before effect is given
21                     to the order.
22         (2)   An order made under subsection (1) may be in general terms
23               and need not include any details about how the disposal is to be
24               effected or specific details about the assets the subject of the
25               disposal.
26         (3)   If the Minister is not the Treasurer, the Minister cannot make an
27               order under subsection (1) without the Treasurer's approval.
28         (4)   If the Minister is not the Minister administering the Port
29               Authorities Act 1999, the Minister cannot make an order under
30               subsection (1) without the Minister's approval.

     page 8
                                            Pilbara Port Assets (Disposal) Bill 2015
                                                   Enabling disposal          Part 2

                                                                               s. 11



1          (5)   An order made under subsection (1) takes effect --
2                 (a) on the day after the day on which the order is published
3                       in the Gazette; or
4                 (b) if a later day is specified in the order -- on that day.

5    11.         Effecting disposal
6          (1)   Subject to section 12, there are no limitations on the nature of
7                any transaction or arrangement that can be entered into for the
8                purposes of a section 10 disposal.
9          (2)   An express provision of this Act authorising the establishment
10               of a particular kind of legal entity for the purposes of a
11               section 10 disposal does not limit the kinds of legal entity that
12               can be used for those purposes.
13         (3)   One or more corporate vehicles or one or more trusts can be
14               used for the purposes of a section 10 disposal.
15         (4)   If a company mentioned in paragraph (a) of the definition of
16               corporate vehicle in section 3 is to be used for the purposes of a
17               section 10 disposal by the State, the Under Treasurer must
18               ensure that the necessary steps are taken on behalf of the State
19               to create the company.
20         (5)   The Minister or the Treasurer can --
21                (a) receive on behalf of the State an allotment and issue of,
22                     or otherwise acquire on behalf of the State, securities in
23                     the company; and
24                (b) hold, and dispose of, on behalf of the State any
25                     securities in the company so acquired by the person.
26         (6)   The Minister may enter into on behalf of the State any
27               agreement for the purposes of a section 10 disposal.

28   12.         Disposal of land
29         (1)   The following land can be disposed of under this Act --
30                (a) Crown land;

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     Pilbara Port Assets (Disposal) Bill 2015
     Part 2          Enabling disposal

     s. 12



1               (b)    freehold land owned by the Authority, an associated
2                      agency, a corporate vehicle or the State.
3       (2)    Land referred to in subsection (1) can only be disposed of under
4              this Act to a private entity by granting to the private entity --
5                (a) an interest in the land that is no greater than a leasehold
6                      interest for a period not exceeding 99 years; or
7                (b) a licence in respect of the land for a period not
8                      exceeding 99 years.
9       (3)    The securities in a corporate vehicle can only be disposed of
10             under this Act to a private entity if the corporate vehicle
11             holds --
12               (a) an interest in the land referred to in subsection (1) that is
13                     no greater than a leasehold interest for a period not
14                     exceeding 99 years; or
15              (b) a licence in respect of the land referred to in
16                     subsection (1) for a period not exceeding 99 years.
17      (4)    In calculating, for subsection (2) or (3), the period for which an
18             interest in land or licence in respect of land (the interest or
19             licence) is granted or is held, any further period is to be
20             included.
21      (5)    In subsection (4) --
22             further period means the period of any further interest in the
23             land, or further licence in respect of the land, that may be
24             granted whether under --
25               (a) an option to renew the interest or licence; or
26               (b) an option to renew any further interest or licence,
27             or otherwise.
28      (6)    This section applies despite the Port Authorities Act 1999
29             section 28(3) and (4).




     page 10
                                     Pilbara Port Assets (Disposal) Bill 2015
                                            Enabling disposal          Part 2

                                                                        s. 13



1    13.   Land subject to unregistered leases with terms exceeding
2          5 years
3          Despite the Transfer of Land Act 1893 section 68, land disposed
4          of under this Act is subject to any prior unregistered lease or
5          agreement for lease or for letting for a term exceeding 5 years to
6          a tenant in actual possession even though the lease or agreement
7          may not be specially notified as an encumbrance on the
8          certificate of title or registered instrument for the land.

9    14.   Functions and powers of Minister
10         The Minister has all of the functions and powers that are
11         necessary or convenient for the purposes of this Act, including
12         the power to acquire land.

13   15.   Functions and powers of Authority
14         The Authority has all of the functions and powers that are
15         necessary or convenient for the purposes of the disposal of a
16         port asset under this Act, including the power to acquire land.

17   16.   Functions and powers of associated agencies
18         An associated agency has all of the functions and powers that
19         are necessary or convenient for the purposes of the disposal of
20         an associated SC asset under this Act, including the power to
21         acquire land.

22   17.   Functions and powers of corporate vehicles
23         A corporate vehicle has all of the functions and powers that are
24         necessary or convenient for the purposes of the disposal of a
25         port asset under this Act, including --
26           (a) the power to acquire land; and
27           (b) the power to create subsidiaries.




                                                                     page 11
     Pilbara Port Assets (Disposal) Bill 2015
     Part 2          Enabling disposal

     s. 18



1    18.         Directions by Minister
2          (1)   The Minister may, for the purposes of a section 10 disposal,
3                give a written direction to the Authority, an associated agency
4                or a corporate vehicle.
5          (2)   The Authority, an associated agency or a corporate vehicle must
6                comply with a direction given to it under subsection (1).
7          (3)   The Authority, an associated agency or a corporate vehicle, or a
8                director or officer of the Authority, an associated agency or a
9                corporate vehicle, is not liable for, and does not contravene the
10               Port Authorities Act 1999 or the Western Australian Land
11               Authority Act 1992 by reason of, anything done or omitted to be
12               done in good faith in compliance with, or purported compliance
13               with, a direction given under subsection (1).
14         (4)   Unless a direction given under subsection (1) specifies
15               otherwise, nothing in the direction or this section affects any
16               requirement under the Port Authorities Act 1999 or the Western
17               Australian Land Authority Act 1992 for the approval of a
18               Minister to be obtained in relation to any matter.
19         (5)   This section is declared to be a Corporations legislation
20               displacement provision for the purposes of the Corporations
21               Act 2001 (Commonwealth) section 5G in relation to the
22               Corporations legislation generally.

23   19.         Regulations about corporate vehicles and trusts
24         (1)   Regulations may make provision about the constitution, trust
25               deed or another constituent document of a corporate vehicle or
26               trust that is to be used for the purposes of a section 10 disposal.
27         (2)   Regulations may declare a matter dealt with, provided for, done
28               or occurring under regulations referred to in subsection (1) to be
29               an excluded matter for the purposes of the Corporations
30               Act 2001 (Commonwealth) section 5F in relation to --
31                 (a) the whole of the Corporations legislation; or
32                 (b) a specified provision of that legislation; or

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                             Pilbara Port Assets (Disposal) Bill 2015
                                    Enabling disposal          Part 2

                                                                  s. 19



1   (c)   that legislation other than a specified provision; or
2   (d)   that legislation other than to a specified extent.




                                                             page 13
     Pilbara Port Assets (Disposal) Bill 2015
     Part 3          Implementing disposal
     Division 1      Transfer orders
     s. 20



1                      Part 3 -- Implementing disposal
2                           Division 1 -- Transfer orders
3    20.         Minister may make transfer orders
4          (1)   For the purposes of a section 10 disposal, the Minister may, by
5                order published in the Gazette (a transfer order), specify all or
6                any of the following --
7                  (a) a time (which must be after the day on which the order
8                        is published in the Gazette) that is the transfer time
9                        under the transfer order;
10                 (b) any asset or liability that, by operation of section 21, is
11                       to be transferred from the Authority, an associated
12                       agency, a corporate vehicle or the State as specified in
13                       the order (the transferor) to the Authority, a corporate
14                       vehicle or a private entity as specified in the order (the
15                       transferee);
16                 (c) proceedings in which, by operation of section 21, the
17                       transferee is to be substituted for the transferor as a
18                       party;
19                 (d) any agreement or instrument relating to anything
20                       transferred that, by operation of section 21, is to have
21                       effect as if, unless otherwise expressly specified in the
22                       order, references to the transferee were substituted for
23                       references to the transferor in the agreement or
24                       instrument.
25         (2)   If the transfer time is specified by reference to when a thing is
26               done, the Minister must ensure that notice of the time when the
27               thing is done is published in the Gazette.
28         (3)   A transfer order may specify persons or things by reference to
29               schedules that --
30                 (a) need not be published in the Gazette; but
31                 (b) must be available for public inspection on business days
32                      at the place and between the times specified in the

     page 14
                                            Pilbara Port Assets (Disposal) Bill 2015
                                              Implementing disposal           Part 3
                                                     Transfer orders     Division 1
                                                                                s. 21



1                       transfer order for 6 months after the day on which the
2                       transfer order is published in the Gazette.
3          (4)   For subsection (3)(b), a business day is a day other than a
4                Saturday, Sunday or public holiday.
5          (5)   A person or thing specified in a schedule for a transfer order is
6                to be taken to be specified in the transfer order.
7          (6)   A person or thing may be specified in a transfer order by
8                describing the person or thing as a member of a class.
9          (7)   Before a transfer order is made specifying anything by reference
10               to a schedule, the Minister must consult each relevant official to
11               whom a copy of the schedule must be given under section 25(2)
12               about the form and content of the schedule for the purpose of
13               facilitating the recording and registration of instruments or
14               documents as required by section 25(3)(b).
15         (8)   The Minister may, by order published in the Gazette, amend a
16               transfer order or a schedule for a transfer order, but only --
17                 (a) before the transfer time; and
18                 (b) with the consent of the transferee.

19   21.         Consequences of transfer orders
20         (1)   In this section --
21               specified means specified in the transfer order.
22         (2)   A transfer order has effect at the transfer time as follows --
23                (a) a specified asset is, by operation of this section and
24                      without the need for any conveyance, transfer,
25                      assignment or assurance or any prior notice or further
26                      act, transferred to the transferee and becomes an asset of
27                      the transferee;
28                (b) a specified liability is, by operation of this section and
29                      without the need for any prior notice or further act,
30                      transferred to and becomes a liability of the transferee;


                                                                             page 15
     Pilbara Port Assets (Disposal) Bill 2015
     Part 3          Implementing disposal
     Division 1      Transfer orders
     s. 22



1                  (c)   the transferee is, by operation of this section, substituted
2                        for the transferor as a party to any specified
3                        proceedings;
4                 (d)    a specified agreement or instrument has effect, by
5                        operation of this section, as if (unless otherwise
6                        specified) a reference to the transferee were substituted
7                        for a reference to the transferor in the agreement or
8                        instrument;
9                  (e)   any proceedings or remedy that might have been
10                       commenced by, or available against or to, the transferor
11                       in relation to an asset or liability transferred by
12                       paragraph (a) or (b) may be commenced by, or are
13                       available against or to, the transferee;
14                 (f)   anything relating to an asset or liability transferred by
15                       paragraph (a) or (b) that was done or omitted to be done
16                       by, to or in respect of the transferor before the transfer
17                       and is of any effect is to be taken to have been done or
18                       omitted by, to or in respect of the transferee.

19   22.         Completion of transactions for this Division
20               If a transfer order cannot to any extent have the effect sought to
21               be achieved by this Division (whether because a matter is
22               governed otherwise than by a law of this State or for any other
23               reason), the Minister and the transferor must each take all
24               practicable steps to achieve that effect as soon as possible after
25               the transfer time.

26   23.         Effect of arrangements internal to transferors
27         (1)   An instrument that provides for arrangements between different
28               parts of the transferor's business or undertaking may be
29               specified in a transfer order as if it created contractual rights and
30               liabilities.
31         (2)   An instrument specified as described in subsection (1) is to be
32               regarded as if its provisions were contractual provisions
33               between different legal entities.

     page 16
                                            Pilbara Port Assets (Disposal) Bill 2015
                                              Implementing disposal           Part 3
                                                     Transfer orders     Division 1
                                                                                s. 24



1          (3)   A contractual right or liability that is to be regarded as arising
2                because of subsection (2) is transferable under this Division.

3    24.         Delivery and access to records
4          (1)   In this section --
5                record includes a register, minute, receipt, book of account or
6                other document (however compiled, recorded or stored);
7                relevant record, in relation to a transfer order, means a record
8                relating to any asset, liability, agreement, instrument or
9                proceedings specified under section 20(1) in the transfer order.
10         (2)   The Minister may give the transferor under a transfer order a
11               direction (whether in the transfer order or otherwise in writing)
12               as to which relevant records, or classes of relevant records, in
13               the possession or control of the transferor must be delivered to
14               or shared with, or be able to be accessed by, the transferee under
15               the transfer order.
16         (3)   The transferor must deliver to or share with the transferee, or
17               enable the transferee to have access to, relevant records in
18               accordance with the direction.
19         (4)   The transferor and transferee must make arrangements for the
20               delivery or sharing of, or access to, relevant records in
21               accordance with the direction.
22         (5)   This section is declared to be a Corporations legislation
23               displacement provision for the purposes of the Corporations
24               Act 2001 (Commonwealth) section 5G in relation to the
25               Corporations legislation generally.

26   25.         Registration of documents
27         (1)   In this section --
28               relevant official means any of the following --
29                 (a) the Registrar of Titles under the Transfer of Land
30                        Act 1893;


                                                                             page 17
     Pilbara Port Assets (Disposal) Bill 2015
     Part 3          Implementing disposal
     Division 1      Transfer orders
     s. 26



1                 (b)   the Registrar of Deeds and Transfers under the
2                       Registration of Deeds Act 1856;
3                 (c)   the Minister administering the Land Administration
4                       Act 1997;
5                 (d)   any other person authorised by a written law to record
6                       and give effect to the registration of instruments or
7                       documents relating to transactions affecting any estate
8                       or interest in land or any other property.
9          (2)   The Minister must ensure that a copy of each of the following
10               instruments is given to each relevant official --
11                 (a) a transfer order and any schedule for it;
12                 (b) any order made under section 20(8) amending a transfer
13                      order or any schedule for it;
14                 (c) any order made under section 26(1) correcting a transfer
15                      order or any schedule for it;
16                 (d) any notice published under section 20(2) in respect of
17                      the transfer time in relation to a transfer order.
18         (3)   A relevant official must --
19                (a) take notice of this Division, a transfer order and any
20                      other instrument relating to a transfer order that is
21                      referred to in subsection (2); and
22                (b) record and register in the appropriate manner the
23                      instruments or documents necessary to show the effect
24                      of this Division and a transfer order.

25   26.         Correction of errors in transfer orders
26         (1)   The Minister may, by order published in the Gazette, make any
27               provision that is necessary to correct any error in a transfer
28               order or a schedule for a transfer order.
29         (2)   An order made under subsection (1) may be expressed to take
30               effect on and after the transfer time.



     page 18
                                            Pilbara Port Assets (Disposal) Bill 2015
                                              Implementing disposal           Part 3
                                            Disclosure of information    Division 2
                                                                                s. 27



1          (3)   To the extent that a provision of an order made under
2                subsection (1) takes effect before the order is published in the
3                Gazette, section 21 does not, as a result of that provision,
4                operate so as --
5                  (a) to affect in a manner prejudicial to any person (other
6                        than the State, the transferor or transferee, or a Minister,
7                        officer or agency of the State) the rights of that person
8                        existing before publication; or
9                  (b) to impose liabilities on any person (other than the State,
10                       the transferor or transferee, or a Minister, officer or
11                       agency of the State) in respect of anything done or
12                       omitted to be done before publication.

13                    Division 2 -- Disclosure of information
14   27.         Authorised disclosure of information
15         (1)   A disclosure of information that is authorised under this section
16               is not to be regarded as --
17                 (a) a breach of contract or confidence or any other civil
18                        wrong; or
19                 (b) a breach of duty under any of the following --
20                           (i) the Port Authorities Act 1999 Schedule 3;
21                          (ii) the Western Australian Land Authority Act 1992
22                               Schedule 1A;
23                         (iii) the Statutory Corporations (Liability of
24                               Directors) Act 1996 section 5;
25                        or
26                 (c) a breach of, or an offence under, a provision of a written
27                        law that prohibits or restricts the disclosure of
28                        information.
29         (2)   For subsection (1), a disclosure of information is authorised if it
30               is made for the purposes of a section 10 disposal by --
31                 (a) the Government or the Authority, an associated agency
32                      or a corporate vehicle; or

                                                                             page 19
     Pilbara Port Assets (Disposal) Bill 2015
     Part 3          Implementing disposal
     Division 2      Disclosure of information
     s. 28



1                 (b)   a person acting with the authority of a body referred to
2                       in paragraph (a).
3          (3)   For subsection (2), a disclosure of information made for the
4                purposes of a section 10 disposal includes a disclosure of
5                information whenever made if the disclosure is or was made for
6                the purposes of a potential section 10 disposal.

7    28.         Auditor General may disclose information
8                Despite the Auditor General Act 2006 section 46(2), the Auditor
9                General may, for the purposes of a section 10 disposal, disclose
10               to any person, or provide any person with access to, information
11               in the possession or under the control of the Auditor General.

12   29.         Offence of disclosing information
13         (1)   Subsection (2) applies to a person (a bound recipient) who --
14                (a) obtains information connected with a section 10
15                      disposal, whether through a disclosure authorised by
16                      section 27 or otherwise; and
17                (b) has agreed or is otherwise under a duty not to disclose
18                      the information to others.
19         (2)   A bound recipient commits an offence if the bound recipient
20               breaches the agreement or duty referred to in subsection (1)(b).
21               Penalty for this subsection: a fine of $200 000.
22         (3)   A person who obtains information connected with a section 10
23               disposal from or through a bound recipient commits an offence
24               if, without lawful excuse, the person discloses the information
25               in a way that would have resulted in a breach of the agreement
26               or duty referred to in subsection (1)(b) if the disclosure had been
27               made by the bound recipient.
28               Penalty for this subsection: a fine of $200 000.
29         (4)   For subsections (1)(a) and (3), information connected with a
30               section 10 disposal includes information whenever obtained if


     page 20
                                           Pilbara Port Assets (Disposal) Bill 2015
                                             Implementing disposal           Part 3
                                                     Other matters      Division 3
                                                                               s. 30



1                the information is or was connected with a potential section 10
2                disposal.

3                           Division 3 -- Other matters
4    30.         Application of proceeds of disposal
5                The proceeds of a section 10 disposal must be applied by paying
6                them to the Treasurer or as the Treasurer directs otherwise.

7    31.         Provision by State of indemnities and guarantees
8          (1)   The Treasurer may, in the name and on behalf of the State, give
9                an indemnity or guarantee in respect of a matter related to --
10                 (a) a section 10 disposal; or
11                 (b) the action (whether under a transfer order or otherwise)
12                      by which anything is disposed of in connection with a
13                      section 10 disposal.
14         (2)   The Treasurer may, in the name and on behalf of the State, give
15               to any person who is or has been a director or officer of the
16               Authority, associated agency or corporate vehicle an indemnity
17               against any liability determined by the Treasurer (including
18               any civil liability under the Corporations Act 2001
19               (Commonwealth)), whether or not the liability relates to a
20               matter referred to in subsection (1).
21         (3)   Any money payable under an indemnity or guarantee given
22               under this section must be paid by the Treasurer.
23         (4)   Payments made under subsection (3) are charged to the
24               Consolidated Account, which this subsection appropriates
25               accordingly.

26   32.         Takeover by State of certain obligations
27         (1)   This section applies in relation to an obligation (whether
28               contingent or otherwise) of the Authority, an associated agency
29               or a corporate vehicle.


                                                                           page 21
     Pilbara Port Assets (Disposal) Bill 2015
     Part 3          Implementing disposal
     Division 3      Other matters
     s. 32



1       (2)    The Treasurer may, in the name and on behalf of the State,
2              agree to take over an obligation in connection with a section 10
3              disposal.
4       (3)    If the performance of the obligation was guaranteed by the
5              State, the agreement may also provide for --
6                 (a) the release by the State of any security held by the State
7                       in connection with the guarantee; or
8                (b) the release of a person from an undertaking that the
9                       person gave to the State in relation to any security
10                      described in paragraph (a).
11      (4)    The Treasurer may authorise the payment of money to discharge
12             an obligation that the State has taken over under subsection (2),
13             whether by terminating the obligation or otherwise.
14      (5)    Payments authorised under subsection (4) are charged to the
15             Consolidated Account, which this section appropriates
16             accordingly.




     page 22
                                             Pilbara Port Assets (Disposal) Bill 2015
                             Provisions relating to corporate vehicles         Part 4

                                                                                s. 33



1          Part 4 -- Provisions relating to corporate vehicles
2    33.         Application of this Part
3                This Part applies if, for the purposes of a section 10 disposal, a
4                port asset or associated SC asset is disposed of (whether under a
5                transfer order or otherwise) from the Authority, an associated
6                agency or a corporate vehicle (the disposer) to a corporate
7                vehicle (the acquirer).

8    34.         Acquirer's powers and duties
9                To the extent prescribed by the regulations, the acquirer has the
10               powers, duties, rights and obligations in respect of the port asset
11               or associated SC asset that the disposer would have had if the
12               disposal had not occurred.

13   35.         Application of written laws to acquirer
14         (1)   In this section --
15               applicable written law --
16                 (a) means a written law (other than this Act) that applies to
17                        or in relation to, or refers to, the disposer; and
18                 (b) includes a written law that, by operation of this section,
19                        applies to or in relation to, or refers to, the disposer.
20         (2)   An applicable written law is to be taken to apply to or in relation
21               to, or to refer to, the acquirer --
22                 (a) to the extent prescribed by the regulations; and
23                 (b) with the changes that are prescribed by the regulations
24                        or are otherwise necessary or convenient for the
25                        purposes of this Part.
26         (3)   Without limiting subsection (2), the regulations may provide
27               that a reference in an applicable written law to the disposer that
28               relates to the port asset or associated SC asset before the
29               disposal occurred is to be taken to include a reference to the
30               acquirer.


                                                                            page 23
     Pilbara Port Assets (Disposal) Bill 2015
     Part 5          Provisions relating to leases and licences

     s. 36



1          Part 5 -- Provisions relating to leases and licences
2    36.         Term used: port facilities instrument
3                In this Part --
4                port facilities instrument means --
5                  (a) a lease or licence in respect of port facilities entered into
6                         for the purposes of a section 10 disposal; or
7                  (b) a lease or licence designated under section 37(2)(a) as a
8                         port facilities instrument for the purposes of the section
9                         in which the term is used,
10               and includes that lease or licence as varied from time to time.

11   37.         Minister may designate certain matters
12         (1)   In this section --
13               associate, in relation to a lessee or licensee under a port
14               facilities instrument, means --
15                 (a) a related body corporate; and
16                 (b) a trust, joint venture or partnership where the interest of
17                        the lessee or licensee or of a related body corporate in
18                        the trust, joint venture or partnership entitles the lessee
19                        or licensee or the related body corporate to --
20                           (i) control the composition of the governing body of
21                                the trust, joint venture or partnership; or
22                          (ii) cast, or control the casting of, more than one half
23                                of the maximum number of votes that might be
24                                cast at a general meeting of the trust, joint
25                                venture or partnership; or
26                         (iii) control the business affairs of the trust, joint
27                                venture or partnership;
28               related body corporate means a body corporate that is related to
29               the lessee or licensee by virtue of the Corporations Act 2001
30               (Commonwealth) section 50.


     page 24
                                             Pilbara Port Assets (Disposal) Bill 2015
                            Provisions relating to leases and licences         Part 5

                                                                                s. 38



1          (2)   The Minister may by order --
2                 (a) designate a lease or licence as a port facilities instrument
3                      for the purposes of section 38 or 39, as the case requires;
4                 (b) designate the lessee or licensee under a port facilities
5                      instrument, or an associate of the lessee or licensee
6                      under a port facilities instrument, as a port facilities
7                      instrument holder for the purposes of section 39;
8                 (c) designate an agreement or arrangement as an agreement
9                      or arrangement entered into in connection with a port
10                     facilities instrument for the purposes of section 38.
11         (3)   The Minister may by order vary or revoke an order made under
12               subsection (2).
13         (4)   An order under this section must be published in the Gazette.

14   38.         Effect of provisions of port facilities instrument
15         (1)   In this section --
16               lessee or licensee mean the lessee or licensee under the relevant
17               port facilities instrument;
18               lessor or licensor mean the lessor or licensor under the relevant
19               port facilities instrument;
20               related arrangement, in relation to a port facilities instrument,
21               means an agreement or arrangement designated under
22               section 37(2)(c) as an agreement or arrangement entered into in
23               connection with the instrument and includes that agreement or
24               arrangement as varied from time to time.
25         (2)   The provisions of a port facilities instrument, or of any related
26               arrangement, dealing with the following matters have effect
27               according to their terms despite any law or rule to the
28               contrary --
29                 (a) the payment of any amount by way of premium, rent or
30                      other moneys under the port facilities instrument or
31                      related arrangement and the retention of any such
32                      amount by the lessor or licensor or the State;

                                                                            page 25
     Pilbara Port Assets (Disposal) Bill 2015
     Part 5          Provisions relating to leases and licences

     s. 39



1                 (b)    the non-refundability of any payment made on account
2                        of rent, premium, option fee, outgoings, security deposit
3                        or otherwise;
4                 (c)    the amount payable by the lessee or licensee in
5                        consequence of a breach or early termination of the port
6                        facilities instrument;
7                 (d)    the continuance of the port facilities instrument or
8                        related arrangement and the obligations that the lessee or
9                        licensee has under the port facilities instrument or
10                       related arrangement, including payment of rent and
11                       other moneys, despite the occurrence of unintended or
12                       unforeseen circumstances;
13                (e)    the circumstances or conditions under which the port
14                       facilities instrument may be terminated by a party to the
15                       instrument;
16                 (f)   the right of re-entry or forfeiture that the lessor or
17                       licensor or the State has in respect of the port facilities
18                       instrument.

19   39.         References to port authority may include other entities
20         (1)   In this section --
21               affected written law means --
22                 (a) regulations under the Dangerous Goods Safety
23                        Act 2004;
24                 (b) the Emergency Management Act 2005;
25                 (c) the Jetties Act 1926;
26                 (d) the Lights (Navigation Protection) Act 1938;
27                 (e) the Marine and Harbours Act 1981;
28                  (f) the Marine Navigational Aids Act 1973;
29                 (g) the Pollution of Waters by Oil and Noxious Substances
30                        Act 1987;
31                 (h) the Port Authorities Act 1999;
32                  (i) the Shipping and Pilotage Act 1967;

     page 26
                                              Pilbara Port Assets (Disposal) Bill 2015
                             Provisions relating to leases and licences         Part 5

                                                                                 s. 40



1                port facilities instrument holder means a person designated by
2                order under section 37(2)(b);
3                specified means specified in the regulations.
4          (2)   The regulations may provide that a reference to a port authority
5                in a provision of an affected written law that is prescribed in the
6                regulations --
7                  (a) is to be taken to be a reference to a specified port
8                        facilities instrument holder in lieu of a specified port
9                        authority; or
10                 (b) is to be taken to include a reference to a specified port
11                       facilities instrument holder.

12   40.         Making and registration of certain lease variations
13         (1)   In this section --
14               relevant official has the meaning given in section 25(1).
15         (2)   If --
16                  (a)   before a section 10 disposal took place an agreement to
17                        lease existed between the Authority, the State or an
18                        associated agency and another entity (the third party) in
19                        relation to land; and
20                 (b)    for the purposes of the section 10 disposal the land was
21                        disposed of by way of a lease (the acquirer's lease)
22                        recorded and registered by a relevant official under a
23                        written law; and
24                 (c)    the acquirer subsequently surrendered the land in order
25                        that a lease of the land could be granted to the third
26                        party in accordance with the agreement to lease,
27               the acquirer's lease may be varied to reinclude the land, creating
28               a concurrent lease over the land.
29         (3)   If the Minister certifies in writing --
30                  (a) that the matters set out in subsection (2)(a), (b) and (c)
31                       occurred; and

                                                                             page 27
    Pilbara Port Assets (Disposal) Bill 2015
    Part 5          Provisions relating to leases and licences

    s. 40



1              (b)   that the acquirer's lease has been varied under
2                    subsection (2),
3             a relevant official may record and register the variation of the
4             acquirer's lease.




    page 28
                                            Pilbara Port Assets (Disposal) Bill 2015
                                              Miscellaneous matters           Part 6

                                                                                 s. 41



1                      Part 6 -- Miscellaneous matters
2    41.         Exemption from State tax
3          (1)   In this section --
4                State tax includes --
5                  (a) duty chargeable under the Duties Act 2008; and
6                  (b) any other tax, duty, fee, levy or charge under a law of
7                         the State.
8          (2)   State tax is not payable in relation to --
9                  (a) anything that occurs by operation of either or both of
10                       Parts 2 and 3; or
11                 (b) anything done (including a transaction entered into or an
12                       instrument or document of any kind made, executed,
13                       lodged or given) under, to give effect to, or for a
14                       purpose connected with or arising out of giving effect to,
15                       either or both of Parts 2 and 3.
16         (3)   The Minister may, at the request of the transferor or transferee
17               under a transfer order, certify in writing that --
18                 (a) a specified thing occurred by operation of either or both
19                      of Parts 2 and 3; or
20                (b) a specified thing was done under, to give effect to, or for
21                      a purpose connected with or arising out of giving effect
22                      to, either or both of Parts 2 and 3.
23         (4)   For all purposes and in all proceedings, a certificate under
24               subsection (3) is sufficient evidence of the matters it certifies
25               unless the contrary is shown.
26         (5)   The exemption under subsection (2) does not apply in relation
27               to a thing that occurs or is done if the Minister directs (whether
28               in a transfer order or otherwise in writing) that it does not apply
29               in relation to the thing.




                                                                             page 29
     Pilbara Port Assets (Disposal) Bill 2015
     Part 6          Miscellaneous matters

     s. 42



1    42.         Effect of this Act on existing rights and obligations
2          (1)   The operation of this Act, including anything done or omitted to
3                be done under or for the purposes of this Act, is not to be
4                regarded as --
5                  (a) being a breach of confidence or any other civil wrong;
6                       or
7                  (b) being a breach of a contract or instrument, including
8                       (without limitation) a provision prohibiting, restricting
9                       or regulating the assignment or transfer of assets, rights
10                      or liabilities; or
11                 (c) requiring any act to be done under a contract or
12                      instrument; or
13                 (d) giving rise to a right or remedy of a party to a contract
14                      or instrument, or causing or permitting the termination
15                      of, or exercise of rights under, a contract or instrument;
16                      or
17                 (e) being an event of default under a contract or instrument;
18                      or
19                  (f) causing a contract or instrument to be void or otherwise
20                      unenforceable; or
21                 (g) subject to section 32(3) and (4), releasing, or allowing
22                      the release of, any surety or other obligee from the
23                      whole or part of an obligation.
24         (2)   This section does not limit section 44.

25   43.         No compensation payable
26         (1)   No compensation is payable by or on behalf of the State --
27                (a) because of the enactment or operation of this Act or for
28                     the consequences of its enactment or operation; or
29                (b) because of any statement or conduct relating to the
30                     enactment of this Act; or
31                (c) in connection with the disposal under this Act of a port
32                     asset or associated asset.

     page 30
                                            Pilbara Port Assets (Disposal) Bill 2015
                                              Miscellaneous matters           Part 6

                                                                                s. 44



1          (2)   Subsection (1) does not apply in relation to --
2                 (a) any consideration payable under an agreement entered
3                       into for the purposes of a section 10 disposal; or
4                 (b) any compensation payable in connection with the
5                       performance of an obligation arising under an agreement
6                       entered into for the purposes of a section 10 disposal.
7          (3)   This section does not limit section 44.

8    44.         Government agreements not affected
9          (1)   In this section --
10               Government agreement means an agreement referred to in
11               paragraph (a) of the definition of Government agreement in the
12               Government Agreements Act 1979 section 2 and, if the
13               agreement has been varied, means the agreement as varied.
14         (2)   This Act does not prejudice or in any way affect any right or
15               obligation of a party to a Government agreement.
16         (3)   The operation of the Government Agreements Act 1979 in
17               relation to this Act is not limited or otherwise affected by this
18               Act.
19         (4)   This section does not limit section 27.

20   45.         Regulations for purposes of, or consequential on, section 10
21               disposals
22         (1)   In this section --
23               publication day, for regulations referred to in subsection (2),
24               means the day on which those regulations are published in the
25               Gazette;
26               the State includes a Minister, officer or agency of the State.
27         (2)   Regulations may provide for --
28                (a) matters for which it is necessary or convenient to make
29                      provision for the purposes of a section 10 disposal; or


                                                                             page 31
     Pilbara Port Assets (Disposal) Bill 2015
     Part 6          Miscellaneous matters

     s. 46



1                 (b)   matters that it is necessary or convenient to deal with as
2                       a consequence of anything contained in, or anything
3                       done under, Part 2, 3, 4 or 5.
4          (3)   Regulations referred to in subsection (2) may be expressed to
5                take effect before publication day for those regulations but after
6                the day on which the order made under section 10(1)(a) for the
7                section 10 disposal is published in the Gazette.
8          (4)   To the extent that regulations referred to in subsection (2) take
9                effect before publication day for those regulations, the
10               regulations do not operate --
11                 (a) to affect in a manner prejudicial to any person (other
12                       than the State or the disposer or acquirer under the
13                       section 10 disposal) the rights of that person existing
14                       before publication day for those regulations; or
15                 (b) to impose liabilities on any person (other than the State
16                       or the disposer or acquirer under the section 10 disposal)
17                       in respect of anything done or omitted to be done before
18                       publication day for those regulations.

19   46.         Regulations for purposes of providing access to services
20         (1)   In this section --
21               access arrangement, for a service, means an instrument
22               approved under subsection (3)(b) in respect of the service and
23               includes the instrument as amended or replaced under
24               subsection (3)(c);
25               price regulation of a service includes the setting of pricing
26               principles, or prices, for access to the service and the monitoring
27               of prices for access to the service;
28               regulator means the person prescribed by the regulations to be
29               the regulator in respect of access to services;
30               service means --
31                 (a) a port or other service provided by means of a port
32                        facility; or


     page 32
                                      Pilbara Port Assets (Disposal) Bill 2015
                                        Miscellaneous matters           Part 6

                                                                          s. 46



1           (b)    a service ancillary or incidental to a port or other service
2                  referred to in paragraph (a);
3          service provider of a service means the person who owns,
4          controls or operates the port facility --
5            (a) by means of which the service is provided; or
6            (b) by means of which a service to which the service is
7                  ancillary or supplemental is provided.
8    (2)   Regulations may provide for access to a service, or price
9          regulation of a service, or both.
10   (3)   Without limiting subsection (2), the regulations may do any or
11         all of the following --
12           (a) require the service provider of a service to lodge with
13                  the regulator an instrument setting out --
14                     (i) the terms and conditions on which access to the
15                          service is to be provided; or
16                    (ii) arrangements for price regulation of the service;
17                          or
18                   (iii) the terms and conditions on which access to the
19                          service is to be provided and arrangements for
20                          price regulation of the service;
21           (b) provide for a process for the approval by the regulator of
22                  an instrument referred to in paragraph (a), including the
23                  matters to be taken into account by the regulator when
24                  deciding whether or not to approve the instrument;
25           (c) provide for a process for the approval by the regulator of
26                  any amendment or replacement of an instrument referred
27                  to in paragraph (a), including the matters to be taken
28                  into account by the regulator when deciding whether or
29                  not to approve the amendment or replacement;
30           (d) provide for the production of information by the service
31                  provider of a service to enable persons to understand the
32                  elements of an access arrangement for the service;



                                                                       page 33
     Pilbara Port Assets (Disposal) Bill 2015
     Part 6          Miscellaneous matters

     s. 46



1               (e)   set out, or provide for an instrument referred to in
2                     paragraph (a) to set out, duties and requirements in
3                     relation to the provision of a service that are to be
4                     complied with by the service provider of the service;
5               (f)   set out the obligations of the service provider of a
6                     service in respect of the segregation of the functions and
7                     business of providing the service from the service
8                     provider's other functions and businesses and enable the
9                     regulator to add to, or waive any of, those obligations;
10              (g)   make provision in relation to services between bodies
11                    corporate that are related to each other by virtue of the
12                    Corporations Act 2001 (Commonwealth) section 50;
13              (h)   provide for the arbitration of disputes between a service
14                    provider of a service and a person who is proposing to
15                    access, or is accessing, the service under an access
16                    arrangement, including the establishment of a panel of
17                    arbitrators and appointment of arbitrators by the
18                    regulator;
19              (i)   provide that a provision of the regulations that imposes
20                    an obligation on a person is a civil penalty provision;
21              (j)   prescribe, for a contravention of a civil penalty
22                    provision, the amounts that may, in accordance with the
23                    regulations, be demanded from or imposed on a person
24                    who contravenes a civil penalty provision, being --
25                       (i) an amount not exceeding $500 000; and
26                      (ii) an additional amount not exceeding $20 000 for
27                            each day or part of a day that the contravention
28                            continues;
29              (k)   provide for the demand for payment of an amount
30                    prescribed under paragraph (j) and the enforcement of
31                    that demand;
32              (l)   provide for and regulate the taking of proceedings in
33                    respect of alleged contraventions of provisions of the
34                    regulations, provide for the orders that can be made and


     page 34
                                           Pilbara Port Assets (Disposal) Bill 2015
                                             Miscellaneous matters           Part 6

                                                                               s. 47



1                       other sanctions that can be imposed in those proceedings
2                       and provide for the enforcement of those orders and
3                       sanctions;
4                 (m)   provide for the manner in which an amount received by
5                       way of civil penalty is to be dealt with and applied;
6                 (n)   prescribe, for an offence under the regulations, a fine not
7                       exceeding $100 000, with or without an additional fine
8                       not exceeding $20 000 for each day or part of a day that
9                       the offence continues;
10                (o)   provide for the review by a person specified in the
11                      regulations of a decision made under the regulations;
12                (p)   confer functions on the Minister, the Economic
13                      Regulation Authority under the Economic Regulation
14                      Authority Act 2003 or any other person.
15         (4)   An access arrangement is not subsidiary legislation for the
16               purposes of the Interpretation Act 1984.

17   47.         Regulations
18               The Governor may make regulations prescribing matters --
19                (a) required or permitted to be prescribed by this Act; or
20                (b) necessary or convenient to be prescribed for giving
21                     effect to this Act.




                                                                           page 35
    Pilbara Port Assets (Disposal) Bill 2015
    Schedule 1




1         Schedule 1 -- Utah Point Bulk Handling Facility
2                                                          [s. 3]




    page 36
                                                      Pilbara Port Assets (Disposal) Bill 2015



                                                                                                      Defined terms




                                         Defined terms
      [This is a list of terms defined and the provisions where they are defined.
                             The list is not part of the law.]
Defined term                                                                                              Provision(s)
acquirer ........................................................................................................... 3, 33
access arrangement ........................................................................................ 46(1)
acquirer's lease .............................................................................................. 40(2)
affected written law ....................................................................................... 39(1)
applicable written law .................................................................................... 35(1)
asset ...................................................................................................................... 3
associate .............................................................................................................. 37
associated agency .................................................................................................. 3
associated asset ..................................................................................................... 3
associated SC asset ............................................................................................... 3
associated State asset ............................................................................................ 3
Authority ............................................................................................................... 3
bound recipient .............................................................................................. 29(1)
company ................................................................................................................ 3
corporate vehicle ................................................................................................... 3
dispose of .............................................................................................................. 3
disposer ........................................................................................................... 3, 33
further period ................................................................................................. 12(5)
Government agreement .................................................................................. 44(1)
interest or licence ........................................................................................... 12(4)
lease ...................................................................................................................... 3
lessee or licensee ............................................................................................ 38(1)
lessor or licensor ............................................................................................ 38(1)
liability .................................................................................................................. 3
port asset ............................................................................................................... 3
port authority ........................................................................................................ 3
port facilities instrument ..................................................................................... 36
port facilities instrument holder ..................................................................... 39(1)
port facility............................................................................................................ 3
price regulation .............................................................................................. 46(1)
private entity ......................................................................................................... 3
publication day ............................................................................................... 45(1)
purposes ................................................................................................................ 3
record ............................................................................................................. 24(1)
regulations............................................................................................................. 3
regulator ......................................................................................................... 46(1)
related arrangement........................................................................................ 38(1)
related body corporate ........................................................................................ 37
relevant official ................................................................................... 25(1), 40(1)


                                                                                                               page 37
Pilbara Port Assets (Disposal) Bill 2015


Defined terms



      relevant record ............................................................................................... 24(1)
      right ....................................................................................................................... 3
      section 10 disposal ................................................................................................ 3
      service ............................................................................................................ 46(1)
      service provider.............................................................................................. 46(1)
      specified .............................................................................................. 21(1), 39(1)
      State tax ......................................................................................................... 41(1)
      statutory corporation ............................................................................................. 3
      the State ......................................................................................................... 45(1)
      third party....................................................................................................... 40(2)
      transfer order .............................................................................................. 3, 20(1)
      transfer time .......................................................................................................... 3
      transferee.................................................................................................... 3, 20(1)
      transferor .................................................................................................... 3, 20(1)




 


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