STATE OWNED CORPORATIONS ACT 1989 - SCHEDULE 11
STATE OWNED CORPORATIONS ACT 1989 - SCHEDULE 11
SCHEDULE 11 – Savings and transitional provisions
Part 1 - General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of--• State Owned Corporations Amendment Act 1995 .• State Revenue Legislation Amendment Act 2005• State Owned Corporations Legislation Amendment (Staff Directors) Act 2013
(2) Any such savings or transitional provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such savings or transitional provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 - (Repealed)
Part 3 - Provisions consequent on enactment of Corporations (Consequential Amendments) Act 2001
4 Memorandum and articles of association of SOC or its subsidiaries
(1) Any memorandum and articles of association of a SOC or subsidiary of a SOC that were in force immediately before the commencement are taken together to make up its constitution for the purposes of this Act after that commencement.
(2) The repeal and re-enactment of Schedules 2, 3, 6 and 7 to this Act by the Corporations (Consequential Amendments) Act 2001 does not affect any obligation that a SOC or a subsidiary of a SOC may have had immediately before the commencement to include (or to ensure that another body include) certain provisions in a memorandum and articles of association.
(3) In this clause,
"commencement" means the commencement of the amendments made to this Act by the Corporations (Consequential Amendments) Act 2001 .
Part 4 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2005
5 Validation for tax-equivalent payments
Anything done or omitted to be done that would have been validly done or omitted if the amendments to sections 15 and 20T made by the State Revenue Legislation Amendment Act 2005 had been in force at the time that it was done or omitted is validated.
Part 5 - Provision consequent on enactment of State Owned Corporations Legislation Amendment (Staff Directors) Act 2013
6 Existing staff directors
(1) In this clause--
"amending Act" means the State Owned Corporations Legislation Amendment (Staff Directors) Act 2013 .
"existing staff director" means a staff director of the board of directors of a statutory SOC referred to in section 20J (as in force immediately before the commencement of the amending Act), and includes any of the following directors--(a) a director of the board of directors of an energy services corporation referred to in clause 1 (2) (b) of Schedule 2 to the Energy Services Corporations Act 1995 (as so in force),(b) a director of the board of the Hunter Water Corporation referred to in section 4B (1) (c) of the Hunter Water Act 1991 (as so in force),(c) a staff director of the board of directors of a Port Corporation referred to in section 18 of the Ports and Maritime Administration Act 1995 (as so in force),(d) a director of the board of directors of the State Water Corporation referred to in section 7 (3) of the State Water Corporation Act 2004 (as so in force),(e) a director of the board of directors of the Superannuation Administration Corporation referred to in clause 1 (1) (b) of Schedule 3 to the Superannuation Administration Authority Corporatisation Act 1999 (as so in force).
(2) The amendments made by the amending Act do not affect any existing staff director of a SOC holding office on the commencement of the amending Act. Any such person ceases to hold office as a director (subject to this or any other Act under which the person was appointed as director) on a date after the commencement of the amending Act that is determined in relation to that SOC--(a) by the Governor if the Governor appoints directors of the board of that SOC, or(b) by the voting shareholders of that SOC if those voting shareholders appoint directors of the board of that SOC.
(3) Notice of a proposed determination under subclause (2) is not required to be given to the existing staff director or any other person.
(4) Any existing staff director who ceases to be such a director by the operation of subclause (2) before the end of the term of office of the existing staff director is not entitled to any compensation for loss of office.