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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gas Industry (Residual Provisions) (Amendment)
Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Repeal of Division 2 of Part 2 2
5. Repeal of certain provisions of Division 3 of Part 2 2
6. Repeal of Division 4 of Part 2 2
7. Transitional provisions regarding transfers of property from gas
corporations or gas companies 2
8. General provisions relating to the Gas and Fuel Superannuation
Fund 4
9. Directions to public gas companies 5
10. Repeal of provision dealing with service of documents on
statutory gas company 5
11. Transitional evidentiary provision inserted 5
12. Proceedings for offences 5
13. Transitional provisions regarding transfers of property from
nominated public gas companies 5
14. Repeal of Schedule 1 dealing with provisions applying to gas
companies 7
ENDNOTES 8
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551130B.I1-20/11/2003 BILL LA CIRCULATION 20/11/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 17 November 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Gas Industry (Residual Provisions) Act 1994 and for
other purposes.
Gas Industry (Residual Provisions)
(Amendment) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the Gas
Industry (Residual Provisions) Act 1994 to
repeal certain redundant provisions relating to
5 GASCOR.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Gas Industry (Residual Provisions) (Amendment) Act 2003
s. 3
Act No.
3. Definitions
See: In section 3 of the Gas Industry (Residual
Act No.
Victorian Legislation and Parliamentary Documents
Provisions) Act 1994--
112/1994.
Reprint No. 5
(a) in the definition of "board", omit "or, if an
as at
5 1 September
Administrator of the gas company has been
2001 and
appointed under section 17A, the
amending
Act Nos
Administrator";
62/2001,
11/2002 and
(b) the definition of "director" is repealed.
51/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Repeal of Division 2 of Part 2
10 Division 2 of Part 2 of the Gas Industry
(Residual Provisions) Act 1994 is repealed.
5. Repeal of certain provisions of Division 3 of Part 2
Sections 17, 17A, 17B, 17C, 17D, 17E, 17F, 17G,
17H, 17I and 18 of the Gas Industry (Residual
15 Provisions) Act 1994 are repealed.
6. Repeal of Division 4 of Part 2
Division 4 of Part 2 of the Gas Industry
(Residual Provisions) Act 1994 is repealed.
7. Transitional provisions regarding transfers of
20 property from gas corporations or gas companies
(1) In section 63(1) of the Gas Industry (Residual
Provisions) Act 1994, insert the following
definition--
' "former GASCOR subsidiary" means a
25 company all the shares in which were held
by GASCOR at any time before
15 September 2003;'.
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Gas Industry (Residual Provisions) (Amendment) Act 2003
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Act No.
(2) After section 71(1) of the Gas Industry
(Residual Provisions) Act 1994 insert--
Victorian Legislation and Parliamentary Documents
"(1A) Sub-section (1) does not apply to GASCOR
or to a former GASCOR subsidiary.
5 (1B) A certificate signed by the relevant person
certifying that property, rights or liabilities of
GASCOR (as transferor) or of a former
GASCOR subsidiary (as transferor) specified
in the certificate have been vested in or
10 become liabilities of the transferee or have
been allocated under an allocation statement
in accordance with section 65 or 66 or the
directions of the Minister is, unless revoked
under sub-section (2), conclusive evidence--
15 (a) that the property, rights or liabilities
have been so vested or allocated or
become liabilities of the transferee; and
(b) that the property, rights or liabilities
vested in or became the property, rights
20 or liabilities of the transferee on the
relevant date.".
(3) In section 71(2) of the Gas Industry (Residual
Provisions) Act 1994, for "sub-section (1)"
substitute "this section".
25 (4) After section 71(3) of the Gas Industry
(Residual Provisions) Act 1994 insert--
'(4) In sub-sections (2) and (3), a reference to the
chief executive officer of a transferor is, in
the case of GASCOR or a former GASCOR
30 subsidiary, to be taken to be a reference to
the relevant person.
(5) Nothing in sub-section (1A), (1B) or (4)
affects the evidentiary value of a certificate
issued under sub-section (1) before the
35 commencement of the Gas Industry
(Residual Provisions) (Amendment) Act
3
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Act No.
2003, but any such certificate may be
revoked under sub-section (2).
Victorian Legislation and Parliamentary Documents
(6) The requirement on the relevant person
under sub-section (3) to keep and make
5 available a register includes the requirement
to keep and make available any register kept
under this section in respect of GASCOR or
a former GASCOR subsidiary before the
commencement of the Gas Industry
10 (Residual Provisions) (Amendment) Act
2003.
(7) In this section "relevant person" means--
(a) the Administrator within the meaning
of the State Electricity Commission
15 Act 1958; or
(b) such other person as the Treasurer may
appoint by an instrument in writing for
the purposes of this section.'.
(5) After section 79(2) of the Gas Industry
20 (Residual Provisions) Act 1994 insert--
"(3) In this section, a reference to the certificate
of the chief executive officer of the
transferor of former gas corporation property
includes, in the case of GASCOR or a former
25 GASCOR subsidiary, a reference to the
certificate of the relevant person given under
section 71 in respect of former gas
corporation property.".
8. General provisions relating to the Gas and Fuel
30 Superannuation Fund
Sections 87E(1) and 87E(2) of the Gas Industry
(Residual Provisions) Act 1994 are repealed.
4
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Act No.
9. Directions to public gas companies
In section 88A(1) of the Gas Industry (Residual
Victorian Legislation and Parliamentary Documents
Provisions) Act 1994, omit "(other than a
statutory gas company to which section 23
5 applies)".
10. Repeal of provision dealing with service of
documents on statutory gas company
Section 95 of the Gas Industry (Residual
Provisions) Act 1994 is repealed.
10 11. Transitional evidentiary provision inserted
At the end of section 96 of the Gas Industry
(Residual Provisions) Act 1994 insert--
"(2) This section does not apply to any document
issued or purporting to have been issued on
15 or after the commencement of the Gas
Industry (Residual Provisions)
(Amendment) Act 2003.".
12. Proceedings for offences
In section 96A of the Gas Industry (Residual
20 Provisions) Act 1994--
(a) in sub-sections (1) and (3) omit "a statutory
gas company or";
(b) in sub-section (2) omit "the statutory gas
company or".
25 13. Transitional provisions regarding transfers of
property from nominated public gas companies
(1) In section 115A(1) of the Gas Industry (Residual
Provisions) Act 1994, insert the following
definition--
30 ' "former GASCOR subsidiary" means a
company that at any time before
15 September 2003 was--
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(a) a PGC all the shares in which were held
by GASCOR; or
Victorian Legislation and Parliamentary Documents
(b) a PGC all the shares in which were held
by a company all the shares in which
5 were held by GASCOR;'.
(2) After section 115D(1) of the Gas Industry
(Residual Provisions) Act 1994 insert--
"(1A) Sub-section (1) does not apply to GASCOR
or to a former GASCOR subsidiary.
10 (1B) A certificate signed by the relevant person
certifying that property, rights or liabilities of
GASCOR or of a former GASCOR
subsidiary specified in the certificate have
been allocated under an allocation statement
15 under this Part to a person so specified is,
unless revoked under sub-section (2),
conclusive evidence--
(a) that the property, rights or liabilities
have been so allocated; and
20 (b) that the property, rights or liabilities
vested in or became the property, rights
or liabilities of the person on the
relevant date.".
(3) In section 115D(2) of the Gas Industry (Residual
25 Provisions) Act 1994, for "sub-section (1)"
substitute "this section".
(4) After section 115D(3) of the Gas Industry
(Residual Provisions) Act 1994 insert--
'(4) In sub-sections (2) and (3), a reference to the
30 chief executive officer of the PGC is, in the
case of GASCOR or a former GASCOR
subsidiary, to be taken to be a reference to
the relevant person.
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Act No.
(5) Nothing in sub-section (1A), (1B) or (4)
affects the evidentiary value of a certificate
issued under sub-section (1) before the
Victorian Legislation and Parliamentary Documents
commencement of the Gas Industry
5 (Residual Provisions) (Amendment) Act
2003, but any such certificate may be
revoked under sub-section (2).
(6) The requirement on the relevant person
under sub-section (3) to keep and make
10 available a register includes the requirement
to keep and make available any register kept
under this section in respect of GASCOR or
a former GASCOR subsidiary before the
commencement of the Gas Industry
15 (Residual Provisions) (Amendment) Act
2003.
(7) In this section "relevant person" means--
(a) the Administrator within the meaning
of the State Electricity Commission
20 Act 1958; or
(b) such other person as the Treasurer may
appoint by an instrument in writing for
the purposes of this section.'.
(5) After section 115K(2) of the Gas Industry
25 (Residual Provisions) Act 1994 insert--
"(3) In this section, a reference to the certificate
of the chief executive officer of the PGC,
includes, in the case of GASCOR or a former
GASCOR subsidiary, a reference to the
30 certificate of the relevant person given under
section 115D.".
14. Repeal of Schedule 1 dealing with provisions
applying to gas companies
Schedule 1 to the Gas Industry (Residual
35 Provisions) Act 1994 is repealed.
7
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Gas Industry (Residual Provisions) (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
8
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