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This is a Bill, not an Act. For current law, see the Acts databases.
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 page ii 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); page 2 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); page 3 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 page 4 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). page 5 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; page 9 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 page 12 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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