GOVERNMENT BUSINESS ENTERPRISES ACT 1995
- Act 22 of 1995 - Royal Assent 1 September 1995Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 3A Associated entities
- 3B Material personal interest
- 4 Subsidiaries
- 5 Relationship between this Act and Portfolio Act
PART 2 - Legal entity, objectives, functions and powers of
Government Business Enterprise- 6 Legal entity of Government Business Enterprise
- 7 Principal objectives of Government Business Enterprise
- 8 Functions of Government Business Enterprise
- 9 Powers of Government Business Enterprise
- 10 Limitation on powers
PART 2A - Notice of Transfer
- 10A Notice of transfer
PART 3 - Board of Directors of Government Business Enterprise
- 11 Board
- 12 Role of Board
- 13 Duty to notify Treasurer and Portfolio Minister of adverse developments
- 14 Powers of Board
- 15 Delegation
- 16 Committees
- 17 Acting directors
PART 4 - Staff of Government Business Enterprise Division 1 - Chief
executive officer- 18 Chief executive officer
- 19 Role of chief executive officer
- 20 Acting chief executive officer
- 20A Effect of chief executive officer ceasing to be chief executive officer
- 20B Annual performance review
Division 2 - Other staff
- 21 Staff
Division 3 - Miscellaneous matters relating to staff
PART 5 - Powers and duties of, offences by and indemnification of
directors and staff- 23A Power of former director to access records
- 23B Power of director to access records
- 24 Duties of officers and employees
- 25 Duty to prevent insolvent trading
- 26 False or misleading information
- 27 Reliance on information or advice
- 28 Director to disclose material personal interest
- 28A Board may declare material personal interest
- 28B Standing notice of director's interest
- 28C Restriction on director's participation in case of material personal interest
- 28D Director may be required to divest of material personal interest
- 29 Civil penalty order
- 30 Proceedings under this Part prevail
- 31 Proceedings for offence
- 32 Effect of conviction for offence
- 33 Compensation and other payments for contravention of this Part
- 34 Indemnifying officers
- 35 Premiums for certain liabilities of officers
PART 6 - Charters and plans Division 1 - Ministerial charter
Division 2 - Plans of a Government Business Enterprise
- 39 Corporate plan
- 40 Consultation with Portfolio Minister and Treasurer
- 41 Statement of corporate intent
- 42 Validity of actions, &c.
PART 7 - Financial affairs of Government Business Enterprise
generally- 43 Authorised deposit-taking institution accounts
- 44 Investment
- 45 Borrowing from Treasurer
- 46 Capital contribution by Treasurer
- 47 Borrowing from person other than Treasurer
- 48 Financial arrangements
- 49 Effect of Financial Agreement Act 1994
- 50 Government Business Enterprise or subsidiary not exempt from State charges
PART 8 - Accounting records, financial statements and reports of
Government Business Enterprises- 51 Accounting records
- 52 Financial statements
- 53 Section 53
- 54 Section 54
- 55 Annual report
- 56 Tabling of annual report
- 57 Quarterly reports
- 58 Additional information
PART 9 - Community service obligations
- 59 Community service obligation defined
- 60 Application for declaration of community service obligation
- 61 Declaration of community service obligation
- 62 Costing basis for community service obligation
- 63 Funding of community service obligation
- 64 Review of costing basis and funding arrangement
- 64A Amendment or revocation of declaration of community service obligation
- 65 Ministerial direction to perform community service obligation
PART 10 - Tax equivalents payable by Government Business Enterprise
and subsidiary Division 1 - PreliminaryDivision 2 - Liability to pay income tax equivalent
- 68 Liability to pay income tax equivalent
Division 3 - Payment, &c., of income tax equivalents by
prescribed Government Business Enterprises and prescribed subsidiaries- 69 Agreements in respect of payment of income tax equivalent by prescribed Government Business Enterprise and prescribed subsidiary
- 70 Application of agreement
Division 3A - Payment, &c., of income tax equivalents by
non-prescribed Government Business Enterprises and non-prescribed subsidiaries- 71 Payment of income tax equivalent
- 72 Estimate of income tax equivalent
- 73 Penalty for late payment
- 74 Objections
- 74A Agreement to administer payment, &c., of income tax equivalent
Division 4 - Miscellaneous
PART 11 - Guarantee fees and dividends payable by Government
Business Enterprise Division 1 - Guarantee fees- 77 Application of Division 1
- 78 Guarantee fees
- 79 Variation of guarantee fee
- 80 Penalty for late payment of guarantee fee
- 81 Deferral or waiver of payment
Division 2 - Dividends
- 82 Application of Division 2
- 83 Recommendation for dividend payable
- 84 Determination of dividend
- 85 Interim dividend
- 86 Special dividend
- 87 Payment of dividend, interim dividend and special dividend
- 88 Penalty for late payment of dividend, interim dividend or special dividend
- 89 Deferral or waiver of payment
PART 12 - Transitional provisions on statutory authority becoming
Government Business Enterprise- 90 Transfer of employees and rights
- 91 Initial chief executive officer
- 92 Initial directors
- 93 Initial acting directors and acting chief executive officer
- 94 Application of Long Service Leave (State Employees) Act 1994
- 95 Superannuation
- 96 Continuation of statutory authority on becoming a Government Business Enterprise
- 97 Transfer of Crown land
- 98 Transfer of property other than Crown land
- 99 Sinking fund contributions
- 100 Borrowings from Treasurer
PART 13 - Miscellaneous
- 101 Register of interests
- 102 General investigations of Government Business Enterprise
- 103 Obstruction of investigation
- 104 Seal of Government Business Enterprise
- 105 Judicial notice of certain signatures
- 106 Presumptions
- 107 Service of documents
- 108 Application of Crown Lands Act 1976
- 109 Application of Traffic Act 1925 and Vehicle and Traffic Act 1999
- 110 Government Business Enterprise not Crown for certain purposes
- 111 Application of Land Acquisition Act 1993
- 112 Section 112
- 113 Recovery of payments
- 114 Treasurer's Instructions
- 115 Compliance with Treasurer's Instructions
- 116 Amendment of Schedules 1, 2, 3, 4 and 8
- 117 Validity of act not affected by failure to consult, &c.
- 118 Delegation by Portfolio Minister or Treasurer
- 119 This Act not taxing Act
- 120 Regulations
- 121 Transitional provisions consequent on Government Business Enterprises and State-owned Companies Legislation Amendment Act 2009
- 122 Section 122
- 122A Section 122A
- 123 Section 123 SCHEDULE 1 SCHEDULE 1a SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 9
[ Note: This table has been automatically generated and may be incomplete. ]