Australian Capital Territory Consolidated Acts

ACTEW/AGL PARTNERSHIP FACILITATION ACT 2000 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     asset

              •     corporation

              •     entity

              •     exercise

              •     function

              •     law, of the Territory

              •     notifiable instrument (see s 10)

              •     property

              •     State

              •     the Territory.

"ACTEW "means ACTEW Corporation Limited.

"agent company" means a company that is appointed to act as agent under section 34.

"AGL "means The Australian Gas Light Company.

"asset" includes—

        (a)     property of any kind; and

        (b)     a right, privilege or immunity, including a contingent or prospective one; and

        (c)     a right, privilege or immunity, whether absolute or conditional, under a Territory law, whether or not given under a licence, registration, approval or other authorisation; and

        (d)     an asset arising under a law of a place other than the Territory or a contract governed by such a law.

"joint venture" means the arrangement described in section 5.

"joint venture entity"—

        (a)     for this Act generally—means any of the following:

              (i)     ACTEW;

              (ii)     AGL;

              (iii)     a company that is—

    (A)     a participant in a partnership; and

    (B)     under the Corporations Act, a related body corporate to ACTEW or AGL; and

        (b)     for part 4 (Secondment of ACTEW employees)—see section 22.

"liability" includes—

        (a)     a duty or obligation; and

        (b)     a contingent or prospective liability; and

        (c)     a liability arising under contracts wherever formed.

"maintenance", for a network facility, for part 2 (Rights concerning certain network facilities)—see section 8.

"network facility", for part 2 (Rights concerning certain network facilities)—see section 8.

"non-ACTEW land", for part 2 (Rights concerning certain network facilities)—see section 8.

"non-AGL land", for part 2 (Rights concerning certain network facilities)—see section 8.

"partnership" means 1 of the partnerships mentioned in section 5.

"subsidiary"—see the Corporations Act.

"transferee" means a person in whom an asset, right or liability vests under a declaration under section 11 or 13.

"transferor", in relation to an asset, right or liability that vests in a transferee under section 11 or 13, means the person in whom the asset, right or liability had vested immediately before the vesting day.

"utility service", for part 2 (Rights concerning certain network facilities)—see section 8.

vesting day, for an asset, right or liability that is vested under part 3, means the day on which the asset, right or liability vests in the transferee under section 11 or 13.
   

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

ACTEW/AGL Partnership Facilitation Act 2000 No 13

notified 6 April 2000 (Gaz 2000 No 14)

s 1, s 2 commenced 6 April 2000 (IA s 10B)

remainder commenced 6 April 2000 (s 2 (1) and Gaz 2000 No 14)

as amended by

Legislation (Consequential Amendments) Act 2001 No 44 pt 1

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 1 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2002 No 30 pt 3.1

notified LR 16 September 2002

s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))

pt 3.1 commenced 17 September 2002 (s 2 (1))

Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.1

notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.1 commenced 19 December 2003 (s 2)

Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.1

notified LR 27 October 2005

s 1, s 2 commenced 27 October 2005 (LA s 75 (1))

sch 1 pt 1.1 commenced 24 November 2005 (s 2)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.1

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.1 commenced 12 April 2007 (s 2 (1))

Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.1

notified LR 20 June 2007

s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))

sch 3 pt 3.1 commenced 11 July 2007 (s 2 (1))

4     Amendment history

Commencement
s 2     om 2001 No 44 amdt 1.1

Offences against Act—application of Criminal Code etc
s 4A     ins A2005-54 amdt 1.1

Relationship with the Territory-owned Corporations Act
s 7     am A2003-56 amdt 3.1

Facilities on non-ACTEW or non-AGL land
s 10     am 2001 No 44 amdts 1.2-1.7; ss renum R2 LA (see 2001 No 44 amdt 1.8)

Vesting of assets and liabilities
s 11     am 2001 No 44 amdts 1.9-1.11

Vesting of assets and liabilities
s 13     am 2001 No 44 amdts 1.12-1.14; A2003-56 amdt 3.2

Description of assets etc
s 14     am 2001 No 44 amdt 1.15, amdt 1.16; A2003-56 amdt 3.3

Effect of declarations under pt 3
s 15 hdg     sub 2001 No 44 amdt 1.17
s 15     am 2001 No 44 amdt 1.18

Evidence of vesting
s 16     am 2001 No 44 amdt 1.18; A2003-56 amdt 3.4

Completion of necessary transactions
s 17     am 2001 No 44 amdt 1.18, amdt 1.19

Registration of changes of ownership of assets
s 18     am A2003-56 amdt 3.5

Day-to-day supervision of seconded staff
s 25     am 2002 No 30 amdt 3.1

Audits
s 32     am 2002 No 30 amdt 3.2; A2005-54 amdt 1.2

Agents
s 34     am 2002 No 30 amdt 3.3

Regulation of prices, access and other matters
s 36     sub A2003-56 amdt 3.6

Dictionary
dict     am A2003-56 amdt 3.7
    def joint venture entity sub A2007-3 amdt 3.1; A2007-16 amdt 3.1
    def maintenance ins A2007-3 amdt 3.2
    def network facility ins A2007-3 amdt 3.2
    def non-ACTEW land ins A2007-3 amdt 3.2
    def non-AGL land ins A2007-3 amdt 3.2
    def transferee am 2001 No 44 amdt 1.20
    def utility service ins A2007-3 amdt 3.2

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	not amended	31 May 2000
2	Act 2001 No 44	4 April 2002
3	A2002-30	20 September 2002
4	A2003-56	19 December 2003
5	A2005-54	24 November 2005
6	A2007-3	12 April 2007

© Australian Capital Territory 2007

Australian Capital Territory

A2000-13

Republication No 7

Effective: 11 July 2007

Republication date: 11 July 2007

Last amendment made by A2007-16






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the ACTEW/AGL Partnership Facilitation Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 July 2007. It also includes any amendment, repeal or expiry affecting the republished law to 11 July 2007.

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

ACTEW/AGL Partnership Facilitation Act 2000

Endnotes

Australian Capital Territory

ACTEW/AGL Partnership Facilitation Act 2000