Commonwealth Consolidated Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1--Short title and commencement

   1.      Short title  
   2.      Commencement  

           Division 2--Definitions and binding the Crown

   3.      Definitions  
   4.      The sale day  
   5.      Act binds the Crown  

   PART 2--TRANSFERS--ETC. OF ASSETS ETC. TO NEWCO AND THE COMMONWEALTH

           Division 1--Transfer of certain assets etc. relating to the Moomba-Sydney pipeline system from the Authority and Pacenco to Newco

              Subdivision A--Nomination of Newco

   6.      Nomination of Newco  

              Subdivision B--Certain staff members of the Authority to become employees of Newco

   7.      Staff member of the Authority may consent to being employed by Newco  
   8.      Certain staff members of the Authority to become employees of Newco  
   9.      Subdivision not to affect certain matters relating to transferring staff members  
   10.     Variation of terms and conditions of employment  
   11.     Transferring staff member not to be eligible for re - appointment under the Public Service Act 1922  

              Subdivision C--Transfer of certain assets etc. relating to the Moomba-Sydney pipeline system business from the Authority and Pacenco to Newco

   12.     Certain assets and liabilities of the Authority and Pacenco to become assets and liabilities of Newco  
   13.     References in certain instruments to the Authority or Pacenco to be references to Newco on and after the sale day  

           Division 2--Provisions relating to the transfer of dual destination interests to the Commonwealth and Newco

   14.     Dual destination interests become assets of Newco and the Commonwealth  
   15.     Dual destination instruments that do not create easements  
   16.     Dual destination instruments that create easements  

           Division 3--Transfer to the Commonwealth of certain assets and liabilities and provisions relating to certain obligations of the Authority or Pacenco

   17.     Transfer to the Commonwealth of easements of the Authority or Pacenco that are not specified in the easement agreement  
   18.     Instruments relating to the easements of the Authority or Pacenco that are not specified in the easement agreement  
   19.     Commonwealth - guaranteed debts of the Authority become debts of the Commonwealth  
   20.     Instruments relating to Commonwealth - guaranteed debts  
   21.     Commonwealth and Authority liable to pay certain amounts in relation to Commonwealth - guaranteed debts  
   22.     Commonwealth liable to pay an amount to the Authority equal to Authority's debts to the Commonwealth and set - off of debts  
   23.     Cancellation of debts owed by Pacenco to the Authority  

           Division 4--Exemption from State and Territory stamp duties

   24.     Exemption from certain State and Territory stamp duties  

           Division 5--Miscellaneous provisions relating to the transfer of assets etc. under Divisions 1, 2 and 3

   25.     Certificates in relation to interests in land  
   26.     Certificates in relation to other assets  
   27.     Ending of certain rights that restrict the transfer of the Moomba - Sydney pipeline system  
   28.     Authority, Pacenco and Commonwealth to take steps necessary to carry out transfers  
   29.     Extraterritorial operation of Subdivision  
   30.     Part to have effect in spite of laws and agreements prohibiting transfer etc.  
   31.     Compensation for acquisition of property  

   PART 3--TRANSITIONAL--AND SAVING PROVISIONS IN RESPECT OF EMPLOYEES OF NEWCO THAT RELATE TO THE SALE OF SHARES IN NEWCO BY THE COMMONWEALTH

           Division 1--Certain staff members of the Authority taken to have resigned

   32.     Certain staff members of the Authority taken to have resigned  

           Division 2--Transitional and saving provisions in relation to long service leave

   33.     Definitions  
   34.     Long service leave for employees with less than 10 years service  
   35.     Payments in lieu of long service leave for employees with less than 10 years service  
   36.     Payments on the death of an employee  
   37.     Employee's long service leave credit for the purposes of sections 34 and 35  
   38.     Division not to affect an employee's post - sale long service leave rights  
   39.     Saving--Long Service Leave Act  

           Division 3--Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988

   40.     Interpretation  
   41.     Transitional provisions relating to the SRC Act that relate to certain Newco body employees  
   42.     Commonwealth liable to meet certain SRC Act liabilities and to be taken to be the employer in certain circumstances under the SRC Act  

           Division 4--Transitional and saving provisions in relation to superannuation and other retirement benefits

   43.     Saving--deferred benefits under the Superannuation Act 1922  
   44.     Saving--deferred benefits under the Superannuation Act 1976  
   45.     Contribution day for the purposes of the Superannuation Act 1976  
   46.     Saving--deferred benefits under the DFRDB Act  

           Division 5--Other transitional and saving provisions

   47.     Transitional maternity leave provisions for maternity leave beginning after the sale day  
   48.     Transitional maternity leave provisions for staff members of the Authority who are on maternity leave immediately before the sale day  
   49.     Cessation of mobility rights  

   PART 4--OTHER--PROVISIONS RELATING TO THE SALE OF SHARES IN NEWCO BY THE COMMONWEALTH

   50.     Transitional provision relating to the Crimes (Superannuation Benefits) Act 1989  
   51.     Commonwealth payment to Newco  
   52.     Newco not to be taken to be established by the Commonwealth  
   53.     Exemption from State and Territory stamp duties  
   55.     Ending the Authority's liability under the Commonwealth Guarantees (Charges) Act 1987  

   PART 5--POST---SALE DAY STAFF PROVISIONS

   56.     Transfer time  
   57.     Staff members who receive a Newco employment offer after sale day  
   58.     Certain staff members of the Authority who received a Newco employment offer under section 57 taken to have resigned  
   59.     Staff members who receive a second Newco employment offer may consent to being employed by Newco after the sale day  
   60.     Certain staff members of the Authority to become employees of Newco  
   61.     Part not to affect certain matters relating to transferring staff members  
   62.     Variation of terms and conditions of employment  
   63.     Post - sale transferee not to be eligible for re - appointment under the Public Service Act 1922  
   64.     Certain staff members of the Authority taken to have resigned  
   65.     Application of other transitional and saving provisions  

   PART 7--AMENDMENTS--OF THE PIPELINE AUTHORITY ACT 1973

   147.    Principal Act  
   148.    Interpretation  
   149.    Membership of Authority  
   150.    Leave of absence  
   151.    Chief Executive Officer  
   152.    Acting appointments--part - time directors  
   153.    Meetings of Authority  
   154.    Repeal of section and substitution of new section  
   155.     Duties of the Authority  
   156.    Insertion of new section  
   157.     Particular powers of the Authority  
   158.    Repeal of section and substitution of new section  
   159.     Repeal of sections 18A and 25  
   160.    Repeal of section and substitution of new section  
   161.     Repeal of section 33B  

   PART 8--ABOLITION--OF THE PIPELINE AUTHORITY

   162.    Principal Act  
   163.    Definitions  
   164.    Repeal of sections and substitution of new section  
   165.     Repeal of Parts II, III, IV and VI  
   166.    Residual assets and liabilities to become Commonwealth assets and liabilities of the Commonwealth  
   167.    Pending proceedings  
   168.    Minister may dispose of or deal with residual assets  
   169.    Exemption from certain State and Territory stamp duties  
   170.    Certificates in relation to interests in land  
   171.    Certificates in relation to other assets  
   172.    Part to have effect in spite of laws and agreements prohibiting transfer etc.  
   173.    Saving and transitional matters  

   PART 8A--TRANSFER--OF EASEMENTS BY THE COMMONWEALTH

   173A.   Interpretation  
   173B.   Transfer of MSP easements  
   173C.   Instruments relating to transferred easements  
   173D.   Certificates in relation to interests in land  
   173E.   Part to have effect in spite of laws prohibiting transfers  
   173F.   Exemption from certain State and Territory stamp duties  

   PART 9--MISCELLANEOUS

   174.    Regulations