Commonwealth Numbered Acts

ANL SALE ACT 1995 No. 136 of 1995 - SECT 3

3.(1) In this Act, unless the contrary intention appears:
agreement day means the day declared under subsection 5(1).
ANL means the body corporate known before the sale day as ANL Limited, by
whatever name called, and in whatever form that body corporate takes, from
time to time.
ANL body means:

   (a)  in Divisions 1, 2 and 3 of Part 3 and in section 49-ANL or a body
        corporate that is a subsidiary of ANL immediately after a majority of
        the voting shares in ANL are acquired by one or more persons other
        than the Commonwealth or a nominee of the Commonwealth; and

   (b)  in the remaining provisions of this Act-ANL or a body corporate that
        is a subsidiary of ANL.
ANL subsidiary means a body corporate that is a subsidiary of ANL. authorised
person means:

   (a)  in sections 52 and 53:

        (i)    in relation to a designated transferee that is a body
               corporate-a director of that body corporate; and

        (ii)   in relation to a designated transferee that is the
               Commonwealth-the Minister administering those sections, the
               Secretary to the Department or a person holding, or performing
               the duties of, a Senior Executive Service office, in the
               Department; and

   (b)  in section 62-the Minister administering that section, the Secretary
        to the Department, or a person holding, or performing the duties of, a
        Senior Executive Service office, in the Department.
designated transferee, in relation to an asset, liability, right or obligation
to which a determination under subsection 46(1) relates, means the
Commonwealth, RetainCo, a RetainCo subsidiary or, if there is a RetainCo
holding company, that holding company, whichever is specified in that
determination as the body to which that asset, liability, right or obligation
is to be transferred.
employee includes apprentice.
Federal Court means the Federal Court of Australia.
Long Service Leave Act means the Long Service Leave (Commonwealth Employees) 
Act 1976 as in force immediately before the sale day.
Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 
1973 as in force immediately before the sale day.
RetainCo means the body corporate nominated by the Minister under section 44.
RetainCo holding company means a body corporate all of the shares in which are
beneficially owned by the Commonwealth that is itself the beneficial owner of
all of the shares in RetainCo.
RetainCo subsidiary means a body corporate all of the shares of which are
beneficially owned by RetainCo.
sale agreement means the agreement between the Commonwealth and P&O Australia
Limited (A.C.N. 000 282 977) (P&O) for the sale by the Commonwealth to P&O of
all the shares owned by the Commonwealth in ANL (other than the special
share).
sale day means the day declared under subsection 5(2).
Senior Executive Service office has the same meaning as in the Public Service
Act 1922.
share, in relation to a body corporate, means a share in the body's share
capital.
special share means the share in ANL referred to in paragraph 69(a).
specified article means an article in ANL's articles of association that is
described in section 69.
SRC Act means the Safety, Rehabilitation and Compensation Act 1988. statutory
transfer time, in relation to an asset, liability, right or obligation that is
the subject of a Ministerial determination under subsection 46(1), is the
particular time, on the particular day, determined by the Minister to be the
time at which, and the day on which, that asset, liability, right or
obligation is to be transferred to a designated transferee.
voting share has the same meaning as in the Corporations Law.

(2) References in this Act to assets, liabilities, rights and obligations
described in Schedule B to the sale agreement:

   (a)  include references to the assets, liabilities, rights and obligations
        described in that Schedule from time to time; and

   (b)  to the extent that fuller particulars of those assets, liabilities,
        rights and obligations have been set out in a Ministerial
        determination under subsection 46(6)-include references to those
        assets, liabilities, rights and obligations as more particularly
        described in that determination.