New South Wales Consolidated Regulations

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PUBLIC AUTHORITIES (FINANCIAL ARRANGEMENTS) REGULATION 2005 - SCHEDULE 5

SCHEDULE 5 – Authorities having additional investment powers

(Clause 50)

Part 1 - Additional powers for authorities having Part 1 investment powers

1 Authorities generally

The following additional investments are prescribed in respect of any authority that is authorised to exercise the investment powers described in Part 1 of Schedule 4 to the Act:

Investment in an Hour-Glass investment facility of the Treasury Corporation (being a unit trust scheme within the meaning of the Duties Act 1997 ).

2 Sydney Harbour Foreshore Authority

The following additional investments are prescribed in respect of the Sydney Harbour Foreshore Authority:

Investment, made on terms and conditions approved by the Treasurer, in connection with the operations of the Australian Technology Park.

3 Anabranch Water

(1) The following additional investments are prescribed in respect of Anabranch Water, but only if the investments are made on the advice of an appropriately licensed financial adviser and are made in connection with the Great Darling Anabranch pipelined water supply system:
(a) direct or indirect investments in shares, property or fixed interest securities,
(b) investments in cash management trusts.
(2) In this clause, "Anabranch Water" means the board of management for the Great Anabranch of the Darling River Private Water Supply and Irrigation District, constituted by a proclamation published in Gazette No 142 of 25 November 2005 at pages 9809-9810.

4 Department of Finance and Services

The following additional investments are prescribed in respect of the Department of Finance and Services:

(a) investment of $1 in one share in PSMA Australia Limited (ACN 089 912 710),
(b) investment, made on terms and conditions approved by the Treasurer, in National E-Conveyancing Development Limited (ACN 140 677 792) of up to $12,000,000.

5 TELCO

The following additional investment is prescribed in respect of the New South Wales Government Telecommunications Authority:

Investment in 2,800,000 shares in Smart Internet Technology CRC Pty Limited (ACN 096 139 427).

6 Delta Electricity Australia Pty Ltd

The following additional investment is prescribed in respect of Delta Electricity Australia Pty Ltd (ACN 074 408 923):

Investment, made on terms and conditions approved by the Treasurer, in connection with the Sunshine Electricity Joint Venture.

7 Department of Education and Training

The following additional investments, not exceeding a total investment of $5,000,000, are prescribed in respect of the Department of Education and Training:

(a) investments in the equity, whether as shares or otherwise, of a corporation, whether or not incorporated in Australia, made on terms and conditions approved by the Treasurer,
(b) investments, where the funds to be invested are subject to a trust, as approved by the trustee of the trust and made on terms and conditions approved by the Treasurer,
(c) investments, where the funds to be invested are a deposit received in respect of a contract or a tender, as authorised or permitted by the contract or the tender.

8 TAFE Commission

The following additional investments, not exceeding a total investment of $5,000,000, are prescribed in respect of the TAFE Commission:

(a) investments in the equity, whether as shares or otherwise, of a corporation, whether or not incorporated in Australia, made on terms and conditions approved by the Treasurer,
(b) investments, where the funds to be invested are subject to a trust, as approved by the trustee of the trust and made on terms and conditions approved by the Treasurer,
(c) investments, where the funds to be invested are a deposit received in respect of a contract or a tender, as authorised or permitted by the contract or the tender.

9 Public Trustee

The following additional investments are prescribed in respect of the Public Trustee:

Any investment in bonds that have an eligible rating and that are issued by an authorised deposit-taking institution or by an eligible entity.

10 Department of Primary Industries

The following additional investments are prescribed in respect of the Department of Primary Industries:

(a) investment, made on terms and conditions approved by the Treasurer, in Australian Co-operative Foods Limited (ABN 65 010 308 068),
(b) investment, made on terms and conditions approved by the Treasurer, in Norco Co-operative Ltd,
(c) investment, made on terms and conditions approved by the Treasurer, in Ricegrowers’ Co-operative Limited (ABN 55 007 481 156),
(d) investment, made on terms and conditions approved by the Treasurer, in the Rice Marketing Board.

11 Landcom

The following additional investments are prescribed in respect of Landcom:

(a) investment, made on terms and conditions approved by the Treasurer, in connection with a joint venture relating to property development at Little Bay, and
(b) investment, made on terms and conditions approved by the Treasurer, in connection with a joint venture relating to property development at Green Square Town Centre.

12 Cancer Council

The following additional investments are prescribed in respect of the New South Wales Cancer Council:

(a) any investment in a unit trust scheme within the meaning of the Duties Act 1997 ,
(b) in the case of funds of or under the control of the Council comprising property the subject of a gift, devise or bequest to the Council-investment in such manner as will enable the property to be retained by the Council in the form that the property was gifted, devised or bequeathed,
(c) investment in such manner as may be necessary to enable the Council to act as provided by section 11 (3) of the New South Wales Cancer Council Act 1995 .

13 Cancer Institute (NSW)

The following additional investments are prescribed in respect of the Cancer Institute (NSW):

(a) investment in a unit trust scheme within the meaning of the Duties Act 1997 ,
(b) in the case of funds of or under the control of the Institute comprising property the subject of a gift, devise or bequest to the Institute-investment in such manner as will enable the property to be retained by the Institute in the form that the property was gifted, devised or bequeathed,
(c) investment in such manner as may be necessary to enable the Institute to act as provided by section 16 (3) of the Cancer Institute (NSW) Act 2003 .

13A Treasurer

The following additional investments are prescribed in respect of the Treasurer:

(a) direct or indirect investments in shares, or options over shares, in Reliance Rail Holdings Pty Limited (ACN 111 280 169), Reliance Rail Pty Limited (ACN 111 280 427) and Reliance Rail Finance Pty Limited (ACN 120 380 805),
(b) direct or indirect investments in units or notes, or options over units or notes, in the Reliance Rail Holding Trust and the Reliance Rail Trust.

13B Transport for NSW

The following additional investments are prescribed in respect of Transport for NSW:

(a) investment of $1 in the company with the ACN of 156 211 906,
(b) direct or indirect investment in Metro Transport Sydney Pty Limited (ACN 082 564 510), Sydney Light Rail Company Pty Limited (ACN 064 062 933), Pyrmont Light Rail Company Pty Limited (ACN 065 183 913), Light Rail Construction Company Pty Limited (ACN 067 246 897), Metro Transport Security Company Pty Limited (ACN 106 690 144) and SLR Corporate Development Pty Limited (ACN 078 272 938).

Part 2 - Additional powers for authorities having Part 2 investment powers

14 Rental Bond Board

The following additional investments are prescribed in respect of the Rental Bond Board:

(a) inscribed stock issued out of a trust managed by RESIMAC Limited for the provision of residential accommodation,
(b) deposits with or loans to the Trustee for the time being of the Home Purchase Assistance Fund (within the meaning of the Housing Act 2001 ),
(c) investments in a residential accommodation unit trust (within the meaning of section 7C of the Landlord and Tenant (Rental Bonds) Act 1977 ),
(d) investments in any scheme approved by the Minister for Housing for the provision of residential accommodation.

15 Land and Housing Corporation

The following additional investments are prescribed in respect of the New South Wales Land and Housing Corporation:

(a) investments in property acquired under the restructuring scheme as defined in the HomeFund Restructuring Act 1993 ,
(b) investments in RESIMAC Limited property mortgages,
(c) deposits with the Home Purchase Assistance Fund as defined in the Housing Act 2001 ,
(d) investment, made on terms and conditions approved by the Treasurer, in connection with a joint venture relating to property development at 46-48 Ocean Street, Bondi.

16 Roads and Traffic Authority

The following additional investment is prescribed in respect of the Roads and Traffic Authority:

Investment, made on terms and conditions approved by the Treasurer, in shares in ARRB Group Limited.

16A Sydney Ports Corporation

The following additional investment is prescribed in respect of the Sydney Ports Corporation:

Investment in the nature of a loan to the Sydney Harbour Foreshore Authority of the deferred proceeds of sale to that Authority of land comprising Lots 3 and 5 in DP 876514.

16B Forestry Commission

The following additional investment is prescribed in respect of the Forestry Commission:

Investment, made on terms and conditions approved by the Treasurer, in TEPCO Forests Australia Pty Ltd (ACN 091 040 783).

Part 3 - Additional powers for authorities having Part 3 investment powers

17 Delta Electricity

The following additional investment is prescribed in respect of Delta Electricity:

Investment, made on terms and conditions approved by the Treasurer, in Delta Electricity Australia Pty Ltd (ACN 074 408 923).

18 TransGrid

The following additional investments are prescribed in respect of TransGrid:

(a) investment of $1 in one share in Energy Industries Superannuation Scheme Pty Limited (ACN 077 947 285),
(b) investment of $50,000 in 250,000 shares in Geodynamics Limited (ACN 095 006 090).



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