• Specific Year
    Any

GOVERNMENT BUSINESS ENTERPRISES ACT 1995

- Act 22 of 1995 - Royal Assent 1 September 1995

Table of Provisions

Long Title

PART 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

  • 22 Superannuation
  • 23 Long Service Leave (State Employees) Act 1994 does not apply

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

  • 36 Ministerial charter
  • 37 Contents of ministerial charter
  • 38 Compliance with 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 - Preliminary
  • 66 Application of Part 10
  • 67 Interpretation of Part 10

Division 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

  • 75 Waiver of income tax equivalent
  • 76 Section 76

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. ]

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