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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Melbourne City Link (Further Miscellaneous
Amendments) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definition of Burnley site inserted 2
4. Alteration of name of Link corporation 3
5. Substitution of section 20 3
20. Restrictions on acquisition of units in Trust 3
6. Insertion of new section 20AA 3
20AA. Further revocation of existing reservations of land and
re-reservation of that land for the Project 3
7. Insertion of new section 20BA 4
20BA. Surrender and reservation of land for the purposes of the
Project 4
8. Planning controls and the Burnley office site 5
9. New power to lease land 5
10. Building Act to apply to Burnley office site 6
11. Repeal of references to "start-up period" 6
12. Extension of time within which temporary registration may be
back-dated 6
13. Prescribed penalty 7
14. Burnley office site is to be rateable land 8
15. Further amendment to the Melbourne City Link Act 1995 8
__________________
SCHEDULE 9
ENDNOTES 14
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PARLIAMENT OF VICTORIA
Initiated in Assembly 27 March 2002
A BILL
to amend the Melbourne City Link Act 1995 and for other purposes.
Melbourne City Link (Further
Miscellaneous Amendments) Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Melbourne City Link Act 1995--
(a) to make further provision in relation to land
5 for the purposes of the Project;
(b) to make further provision in relation to unit
trusts;
(c) to make further provision for the back-dating
of temporary registration;
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s. 2
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(d) to make provision for the leasing of land by
the Link corporation for purposes other than
the purpose of the Project;
(e) to make provision in relation to the
5 application of laws to the development and
use by the Link corporation of land at
Burnley;
(f) to make provision for a lower infringement
penalty to apply for an offence for which a
10 first infringement notice is issued under
section 80 of the Act.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
15 (2) If a provision of this Act does not come into
operation before 31 December 2002, it comes into
operation on that day.
See:
3. Definition of Burnley site inserted Act No.
107/1995.
In section 3 of the Melbourne City Link Act Reprint No. 3
20 1995 insert-- as at
1 July 1999
' "Burnley office site" means all the land in and
amending
Crown Allotment 1C of 39A, Parish of Jika Act Nos
Jika, City of Richmond;'. 4/2000,
69/2000,
74/2000,
81/2000 (as
amended by
No. 54/2001),
32/2001,
54/2001,
78/2001 and
92/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
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4. Alteration of name of Link corporation
In section 10(1) of the Melbourne City Link Act
1995, for "Transurban City Link Limited"
substitute "CityLink Melbourne Limited".
5 5. Substitution of section 20
For section 20 of the Melbourne City Link Act
1995 substitute--
"20. Restrictions on acquisition of units in Trust
Schedule 2 applies in respect of units in the
10 Trust constituted under the Unit Trust Deed
entered into on 15 November 2001 by
Transurban Infrastructure Management
Limited ACN 098 147 678.".
6. Insertion of new section 20AA
15 After section 20A of the Melbourne City Link
Act 1995 insert--
"20AA. Further revocation of existing reservations
of land and re-reservation of that land for
the Project
20 (1) On the coming into operation of section 6 of
the Melbourne City Link (Further
Miscellaneous Amendments) Act 2002, the
Order in Council specified in item 1 of
Schedule 9 is revoked in so far as it relates to
25 the land shown hatched on the plan
numbered LEGL./02-016 and lodged in the
Central Plan Office.
(2) On the coming into operation of section 6 of
the Melbourne City Link (Further
30 Miscellaneous Amendments) Act 2002, the
Order in Council specified in item 2 of
Schedule 9 is revoked in so far as it relates to
the land shown hatched on the plan
numbered LEGL./02-017 and lodged in the
35 Central Plan Office.
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(3) Despite anything to the contrary in the
Crown Land (Reserves) Act 1978, on the
revocation of the Orders in Council specified
in items 1 and 2 of Schedule 9 in so far as
5 they relate to the land shown on the plans
referred to in sub-sections (1) and (2)--
(a) the land is deemed to be unalienated
land of the Crown, freed and
discharged from all trusts, limitations,
10 reservations, restrictions,
encumbrances, estates and interests;
and
(b) the appointment of any committee of
management is revoked in so far as it
15 applies to the land; and
(c) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land; and
20 (d) the land is deemed to be temporarily
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
public purposes, being, in particular,
the purposes of the Project, and the
25 reservation may be amended, revoked
and otherwise dealt with in accordance
with that Act.".
7. Insertion of new section 20BA
After section 20B of the Melbourne City Link
30 Act 1995 insert--
"20BA. Surrender and reservation of land for the
purposes of the Project
(1) On the coming into operation of section 7 of
the Melbourne City Link (Further
35 Miscellaneous Amendments) Act 2002, the
land shown cross-hatched on the plans
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numbered LEGL./02-016 and
LEGL./02-017 and lodged in the Central
Plan Office is surrendered to the Crown.
(2) On the coming into operation of section 7 of
5 the Melbourne City Link (Further
Miscellaneous Amendments) Act 2002, the
land shown on the plans referred to in sub-
section (1)--
(a) is deemed to be unalienated land of the
10 Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) is deemed to be temporarily reserved
15 under section 4(1) of the Crown Land
(Reserves) Act 1978 for public
purposes, being, in particular, the
purposes of the Project, and the
reservation may be amended, revoked
20 and otherwise dealt with in accordance
with that Act.".
8. Planning controls and the Burnley office site
In section 23 of the Melbourne City Link Act
1995 for "or the Customer service site" substitute
25 ", the Customer service site or the Burnley office
site".
9. New power to lease land
(1) In section 60(1) of the Melbourne City Link Act
1995--
30 (a) after "in accordance with the terms of the
Agreement" (where first occurring) insert
"and on the recommendation of the
Minister";
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(b) in paragraph (a), for "any other related
purposes" substitute "any other purposes
(not inconsistent with those purposes)".
(2) In section 60 of the Melbourne City Link Act
5 1995, after sub-section (2) insert--
"(3) The Minister must not make a
recommendation under sub-section (1)
recommending the granting of a lease of land
that is wholly or partly for a purpose that is
10 not the purpose of managing a roadway and
ancillary works constructed on the land,
unless the Minister has first consulted with
the Minister administering Part IX of the
Land Act 1958.".
15 10. Building Act to apply to Burnley office site
In section 64(4) of the Melbourne City Link Act
1995 for "and the Customer service site"
substitute ", the Customer service site and the
Burnley office site".
20 11. Repeal of references to "start-up period"
(1) In section 69 of the Melbourne City Link Act
1995, the definition of "start-up period" is
repealed.
(2) In section 118 of the Melbourne City Link Act
25 1995, sub-section (1A) is repealed.
12. Extension of time within which temporary registration
may be back-dated
(1) In section 73C(2A) of the Melbourne City Link
Act 1995, after "on a particular day" insert "for a
30 period of 24 hours".
(2) In section 73C of the Melbourne City Link Act
1995, after sub-section (2A) insert--
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s. 13
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"(2B) If registration is sought for a specified period
(other than a period referred to in sub-section
(2A)) and is sought--
(a) before the end of that specified period;
5 or
(b) not later than 5 days after the
commencement of that specified
period--
(whichever is the earlier) the commencement
10 of the registration may be back-dated to the
commencement of the specified period.".
13. Prescribed penalty
(1) In section 82 of the Melbourne City Link Act
1995, for sub-section (1) substitute--
15 "(1) The prescribed penalty for an offence for
which an infringement notice is issued under
section 80 is--
(a) in the case of the first infringement
notice issued to a person, $40 or such
20 other amount (not exceeding $100) as
may be prescribed; and
(b) in the case of any subsequent
infringement notice issued to the
person, $100.".
25 (2) After section 82(2) of the Melbourne City Link
Act 1995 insert--
"(3) In determining whether an infringement
notice issued to a person under section 80
after the commencement of section 13(1) of
30 the Melbourne City Link (Further
Miscellaneous Amendments) Act 2002 is a
first infringement notice for the purposes of
sub-section (1)--
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(a) subject to paragraph (b), an
infringement notice issued to the person
under section 80 before that
commencement is to be taken into
5 account; and
(b) an infringement notice issued to the
person before, on or after that
commencement is not to be taken into
account if--
10 (i) it is withdrawn under section 83;
or
(ii) the person to whom it was issued
is not guilty of the offence for
which it was issued because of the
15 operation of section 87(3).".
14. Burnley office site is to be rateable land
In section 96(4) of the Melbourne City Link Act
1995 for "and the Customer service site"
substitute ", the Customer service site and the
20 Burnley office site".
15. Further amendment to the Melbourne City Link Act
1995
The Melbourne City Link Act 1995 is amended
as set out in the Schedule.
__________________
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Melbourne City Link (Further Miscellaneous Amendments) Act
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Sch.
Act No.
SCHEDULE
PART 1--SUBSTITUTION OF SCHEDULE 2 TO THE
MELBOURNE CITY LINK ACT 1995
For Schedule 2 to the Melbourne City Link Act 1995
5 substitute--
'SCHEDULE 2
UNIT TRUST
Unit Holding Restriction
1.1 Definitions
10 (a) In this Schedule, unless the contrary intention appears:
(1) "Acquire" has the meaning ascribed to it by
Divisions 1 and 7 of Part 1.2 of Chapter 1 of the
Corporations Law in its form as at 20 October 1995;
(2) "Associate" has the meaning ascribed to it by
15 Division 2 of Part 1.2 of Chapter 1 of the
Corporations Law in its form as at 20 October 1995;
(3) "Entitled" has the meaning ascribed to it by
section 609 of the Corporations Law in the form as at
20 October 1995;
20 (4) "Relevant interest" has the meaning ascribed to it by
Divisions 1 and 5 of Part 1.2 of Chapter 1 of the
Corporations Law in its form as at 20 October 1995,
in each case as if the relevant provisions of the Corporations
Law also applied to units in a unit trust;
25 (b) Despite anything in clause 1.1 of the Deed, "Substantial
Holder" has the meaning ascribed to it in the Concession
Deed between the State of Victoria, Transurban City Link
Limited, Perpetual Trustee Company Limited and City Link
Management Limited with effect from 20 October 1995 as
30 amended up to and including the 15th Amending Deed.
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1.2 Restrictions on Acquisition of Units
Except as provided by this Schedule, a person must not acquire,
and is not eligible to acquire, Units in the Trust if:
(a) any person who does not have a relevant interest in any
5 Units or who has a relevant interest in less than 20% of the
Units on Issue would immediately after the acquisition, have
a relevant interest in 20% or more of the Units on Issue;
(b) any person who has a relevant interest in 20% or more of the
Units on Issue would immediately after the acquisition, have
10 a relevant interest in a greater percentage of Units on Issue
than immediately before the acquisition; or
(c) any person who is entitled to less than 20% of the voting
shares in Transurban City Link Limited or less than 20% of
the units on issue in the Transurban City Link Unit Trust
15 would, immediately after the acquisition, be entitled to 20%
or more of the voting shares in Transurban City Link
Limited or 20% or more of the units on issue in the
Transurban City Link Unit Trust.
1.3 Exceptions
20 The restrictions contained in clause 1 do not apply to or in relation
to an acquisition of Units to which the State has given its written
consent.
1.4 Registration and Divestiture
(a) No Unit may be issued or, in the case of a paper-based
25 transfer, transferred if the issue or transfer would or might
result in or have the effect of causing a contravention of
clause 1.2.
(b) Where a person has acquired Units in the Trust in such
circumstances as might or would result in or have the effect
30 of causing a contravention of clause 1.2 or where the
Trustee is aware of a contravention of clause 1.2 or that a
person has become or remains a holder of a relevant interest
in 20% or more of the Units on Issue or has become or
remains a Substantial Holder without the State's prior
35 written consent ("unauthorised holding"), the Trustee must,
by notice in writing to the State advise the State of that fact
within 7 days of becoming so aware.
If the Trustee chooses to apply, on behalf of the person
having the unauthorised holding, to the State for the State's
40 consent to the person becoming and/or remaining a holder of
a relevant interest in 20% or more of the Units on Issue or a
Substantial Holder it must do so in the same 7 day period.
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If the State requires the Trustee to do so (irrespective of
whether consent has been sought from the State), the
Trustee must, as soon as practicable but no later than 7 days
after advice from the State, by notice in writing to the
5 person having an unauthorised holding, require that person
to dispose of the Units held by it or any part thereof as soon
as practicable but no later than 1 month after the end 7 days
after receipt of the advice from the State or such longer
period agreed between the Trustee and the State, in order to
10 cease such contravention or unauthorised holding, provided
that in the absence of any such requirement by the Trustee,
the person concerned is not entitled in any way to set aside
or cancel the transaction whereby the person acquired the
Units, not to claim any refund or to otherwise recover any
15 money paid in respect thereof.
In so acting, the Trustee must consult with the directors of
the Companies and, while the Units are quoted on the
Official List, the Trustee must consult with the ASX, and
shall have regard to, without being bound by, the
20 recommendations of those persons.
(c) If the requirements of any notice to dispose of the Units are
not complied with by the person to whom the notice is
addressed within the time specified in the notice, the Trustee
must cause the Units to be sold on the ASX (or, if they are
25 not Officially Quoted, in such manner as the Trustee may
determine) as soon as practicable but no later than 3 months
after the end of the 1 month period referred to in paragraph
(b) above or such longer period agreed between the Trustee
and the State.
30 (d) If the Units sold in accordance with clause 1.4(c) are
registered on a branch register, the Trustee may cause such
Units to be transmitted to the Register.
(e) The Trustee may:
(1) appoint a person to execute as transferor a transfer in
35 respect of any Units sold in accordance with the
provisions of clause 1.4(c) and to receive and give a
good discharge of the purchase money; and
(2) register the transfer notwithstanding that proof of title
of such Units may not have been delivered to the
40 Trustee.
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(f) The purchase money less the expenses of any sale made in
accordance with the provisions of clause 1.4(c) must be paid
to the Unit holder whose Units were sold provided such Unit
holder has delivered to the Trustee such proof of title of the
5 Units as the Trustee accepts.
(g) Nothing in clause 1.4 renders the Trustee liable or
responsible by reason of any person acquiring Units in the
Trust in contravention of clause 1.2 or failing to comply
with the obligations imposed by clause 1.2.
10 (h) The Trustee, before or at any time after issuing any Units or,
in the case of a paper-based transfer, rejecting any transfer
of Units or at any other time and from time to time, may, by
notice in writing to the applicant or issuee or Unit Holder,
require such person (or, where such person is a corporation,
15 a competent officer thereof) to furnish to the Trustee such
information or evidence (on oath or otherwise verified by
law, if the Trustee should so require) as the Trustee may
consider likely to be of assistance in determining whether or
not such person is eligible to become or to remain a Unit
20 Holder.
1.5 Employees and agents
In this Schedule, a person is, unless the contrary is proved,
presumed to have been aware at a particular time of a fact or
occurrence of which an employee or agent of the person having
25 duties or acting on behalf of the employer or principal in
connection with a matter to which the fact or occurrence relates
was aware at the time.'.
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Sch.
Act No.
PART 2--INSERTION OF NEW SCHEDULE 9 IN THE
MELBOURNE CITY LINK ACT 1995
After Schedule 8 to the Melbourne City Link Act 1995
insert--
5 "SCHEDULE 9
FURTHER REVOCATION OF RESERVATION
Item 1
Situation and area of land Alexandra Park, Parish of South
Melbourne, City of Melbourne,
County of Bourke, 46 acres
Instrument and date of reservation Order in Council dated 5 August
1913
Description of land by reference to Government Gazette dated
the Government Gazette 13 August 1913, page 3532
Purpose of reservation Public park for the recreation and
amusement of His Majesty's subjects
and people
Extent of revocation Land shown hatched on the plan
numbered LEGL./02-016 and lodged
in the Central Plan Office
Item 2
Situation and area of land City of Melbourne, Parish of
Melbourne, County of Bourke,
7 acres more or less
Instrument and date of reservation Order in Council dated 22 April 1936
Description of land by reference to Government Gazette dated 29 April
the Government Gazette 1936, page 1052
Purpose of reservation Public purposes
Extent of revocation Land shown hatched on the plan
numbered LEGL./02-017 and lodged
in the Central Plan Office
.".
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2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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