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PARLIAMENT OF VICTORIA
Port Services (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF PORT SERVICES ACT 1995 3
3. Definitions 3
4. New Division 1A inserted in Part 2 3
Division 1A--Hastings Port (Holding) Corporation 3
17A. Establishment 3
17B. HPHC not to represent the Crown 4
17C. Objective 4
17D. Functions and powers 4
5. Amendments consequential on establishment of HPHC 7
6. Repeal of certain provisions 7
7. Transfer of property 7
8. New Part 11 substituted and Parts 12 to 14 repealed 8
PART 11--ABOLITION OF PORT AUTHORITIES 8
153. Definitions 8
154. Transfer of property to SEC and abolition of port
authorities 9
155. Substitution of party to agreement 10
156. Port authority instruments 10
157. Proceedings 10
158. Interests in land 10
159. Amendment of Register 11
160. Taxes 12
161. Evidence 12
9. Statute law revision 12
PART 3--REPEAL OF PORT ACTS 13
10. Repeal of Port Acts 13
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Clause Page
PART 4--AMENDMENT OF STATE ELECTRICITY
COMMISSION ACT 1958 15
11. Definitions 15
12. Amendment of section 12A 15
13. New section 12C inserted 15
12C. Functions and powers in relation to ports 15
14. New section 84A inserted 16
84A. Ports Fund 16
15. Port property 17
16. Guarantees, etc. 18
__________________
SCHEDULE--Consequential Amendments 19
NOTES 21
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531209B.I1-15/9/97
PARLIAMENT OF VICTORIA
A BILL
to amend the Port Services Act 1995 and the State Electricity
Commission Act 1958, to repeal the Port of Melbourne Authority
Act 1958, the Port of Geelong Authority Act 1958, the Port of
Portland Authority Act 1958 and for other purposes.
Port Services (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to--
(a) provide for the abolition of the Port of
5 Melbourne Authority, the Port of Geelong
Authority and the Port of Portland Authority
and enable the State Electricity Commission
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Port Services (Amendment) Act 1997
s. 2
Act No.
of Victoria to take over their remaining
property, rights and liabilities;
(b) establish the Hastings Port (Holding)
Corporation to carry out certain functions in
5 relation to the port of Hastings.
2. Commencement
(1) This Part and section 9(1) come into operation on
the day on which this Act receives the Royal
Assent.
10 (2) Section 9(2) is deemed to have come into
operation on 28 November 1995.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
15 (4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 1999, it
comes into operation on that day.
_______________
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Port Services (Amendment) Act 1997
s. 3
Act No.
PART 2--AMENDMENT OF PORT SERVICES ACT 1995
3. Definitions
No. 82/1995.
In section 3 of the Port Services Act 1995 insert
Amended by
the following definitions-- Nos.
107/1995,
5 ' "HPHC" means Hastings Port (Holding) 4/1996,
Corporation established by Division 1A of 27/1996 and
51/1996.
Part 2;
"Port Act" means the Port of Geelong
Authority Act 1958, the Port of Melbourne
10 Authority Act 1958 or the Port of Portland
Authority Act 1958;
"port authority abolition date", in relation to a
port authority, means the date fixed by the
Governor in Council by Order under section
15 153(2) for the purposes of that port
authority;
"port property", in relation to SEC, has the same
meaning as in section 85(3) of the State
Electricity Commission Act 1958;
20 "SEC" means the State Electricity Commission
of Victoria;'.
4. New Division 1A inserted in Part 2
In Part 2 of the Port Services Act 1995, after
Division 1 insert--
25 'Division 1A--Hastings Port (Holding)
Corporation
17A. Establishment
(1) There is established a body by the name
"Hastings Port (Holding) Corporation".
30
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s. 4
Act No.
(2) HPHC--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
5 (c) may sue and be sued;
(d) may acquire, hold and dispose of real
and personal property;
(e) may do and suffer all acts and things
that a body corporate may by law do
10 and suffer.
(3) All courts must take judicial notice of the
seal of HPHC affixed to a document and,
until the contrary is proved, must presume
that it was duly affixed.
15 (4) The official seal of HPHC must be kept in
such custody as HPHC directs and must not
be used except as authorised by HPHC.
17B. HPHC not to represent the Crown
HPHC is a public authority but does not
20 represent the Crown.
17C. Objective
The objective of HPHC is to hold property
connected with the port of Hastings and
ensure that there is at all times a port
25 operator in relation to that port.
17D. Functions and powers
(1) The functions of HPHC are--
(a) to administer any port operation
agreement in force in relation to the
30 port of Hastings and notify the
Treasurer immediately should the
agreement be terminated or a default
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s. 4
Act No.
occur under the agreement and, in that
event, also notify the Treasurer of its
recommended course of action
consequent on that termination or
5 default;
(b) after consultation with the Treasurer, to
enter into a port operation agreement in
relation to the whole or any part of the
port of Hastings consequent on the
10 termination or expiry, or anticipated
termination or expiry, of such an
agreement;
(c) if directed to do so by the Governor in
Council by Order published in the
15 Government Gazette, to act as port
operator in relation to the whole or any
part of the port of Hastings for a period
during which there is not in force a port
operation agreement in relation to that
20 port or that part of that port;
(d) if directed to do so by the Governor in
Council by Order published in the
Government Gazette, to act as channel
operator in relation to port waters of the
25 port of Hastings for a period during
which there is not in force an
arrangement between VCA and another
person for the management of those
channels;
30 (e) to carry out such other functions as are
conferred on HPHC by or under this or
any other Act.
(2) HPHC--
(a) subject to sub-section (4), may acquire
35 or dispose of real or personal property,
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s. 4
Act No.
and may dispose of any such property
acquired by it;
(b) may enter into contracts, agreements,
leases and licences for the carrying out
5 of its functions;
(c) may take and hold indemnities;
(d) without limiting paragraph (b), may
enter into contracts (including contracts
of indemnity) for the provision of
10 services or facilities;
(e) may employ agents or contractors;
(f) may act as agent of another person;
(g) may do all things necessary or
convenient to be done for, or in
15 connection with, carrying out its
functions.
(3) Without limiting the generality of the powers
conferred on it, HPHC--
(a) may form, or participate in the
20 formation of, or be a member of,
companies;
(b) may form, or participate in the
formation of, and may participate in,
partnerships, trusts, unincorporated
25 joint ventures and other arrangements
for the sharing of profits;
(c) may act as trustee;
(d) may engage in any business,
undertaking or activity incidental to the
30 performance of its functions.
(4) HPHC must not sell any land that is within
125 metres of a defined water front without
the approval of the Minister.'.
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Port Services (Amendment) Act 1997
s. 5
Act No.
5. Amendments consequential on establishment of
HPHC
(1) In the definition of "port corporation" in section 3
of the Port Services Act 1995, after "Melbourne
5 Port Corporation" insert ", Hastings Port
(Holding) Corporation".
(2) In Schedule 1 to the Port Services Act 1995--
(a) in clause 1(1), after "3" insert "(or, in the
case of HPHC, 2)";
10 (b) in clause 9(3), after "a port corporation"
insert "other than HPHC";
(c) in clause 9, after sub-clause (3) insert--
"(3A) The chairperson of HPHC constitutes a
quorum of the board of HPHC.".
15 6. Repeal of certain provisions
(1) In the definition of "port corporation" in section 3
of the Port Services Act 1995, omit "and, in
sections 30 and 33 to 38 and Parts 8 and 9,
includes the subsidiary of MPC that is the
20 declared subsidiary under section 6".
(2) Sections 6 and 17 of the Port Services Act 1995
are repealed.
(3) In Part 4 of the Port Services Act 1995, Divisions
1, 2 and 3 are repealed.
25 (4) In section 92 of the Port Services Act 1995, sub-
section (2) is repealed.
7. Transfer of property
(1) In section 99(1) of the Port Services Act 1995--
(a) after the definition of "PMA instrument"
30 insert--
' "port authority" includes, in relation to
port property, SEC;
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Port Services (Amendment) Act 1997
s. 8
Act No.
"port authority instrument" has the same
meaning as in Part 11;';
(b) in the definition of "transferee", after
"former port authority property" insert "or
5 port property";
(c) in the definition of "transferor" after "Part"
insert "and, in relation to port property,
means SEC".
(2) In section 108 of the Port Services Act 1995,
10 after "former port authority property" insert ", and
each port authority instrument relating to port
property,".
(3) In sections 109, 110, 111(1) and (3) and 113(1)
and (2) of the Port Services Act 1995, after
15 "former port authority property" insert "or port
property".
(4) In section 115(1) and (2) of the Port Services Act
1995, after "former port authority property"
(wherever occurring) insert "or port property".
20 8. New Part 11 substituted and Parts 12 to 14 repealed
For Parts 11 to 14 of the Port Services Act 1995
substitute--
'PART 11--ABOLITION OF PORT
AUTHORITIES
25 153. Definitions
(1) In this Part--
"port authority instrument", in relation to
a port authority, means an instrument
(including a legislative instrument other
30 than this Act and regulations under this
Act and a Port Act and regulations
under a Port Act) subsisting
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Port Services (Amendment) Act 1997
s. 8
Act No.
immediately before the port authority
abolition date--
(a) to which the port authority was a
party; or
5 (b) that was given to or in favour of
the port authority; or
(c) that refers to the port authority; or
(d) under which--
(i) money is, or may become,
10 payable to or by the port
authority; or
(ii) other property is to be, or
may become liable to be,
transferred to or by the port
15 authority--
but does not include a former port
authority instrument within the
meaning of Part 8.
(2) The Governor in Council may, by Order
20 published in the Government Gazette, fix the
port authority abolition date for the purposes
of a port authority.
154. Transfer of property to SEC and abolition
of port authorities
25 On the port authority abolition date--
(a) all property and rights of the port
authority, wherever located, vest in
SEC subject to the encumbrances (if
any) to which they were subject
30 immediately before so vesting; and
(b) all liabilities of the port authority,
wherever located become liabilities of
SEC; and
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Port Services (Amendment) Act 1997
s. 8
Act No.
(c) SEC becomes the successor in law of
the port authority; and
(d) the port authority is abolished.
155. Substitution of party to agreement
5 Where, under section 154, the rights and
liabilities of a port authority under an
agreement vest in, or become liabilities of,
SEC--
(a) SEC becomes, on the port authority
10 abolition date, a party to the agreement
in place of the port authority; and
(b) on and after the port authority abolition
date, the agreement has effect as if SEC
had always been a party to the
15 agreement.
156. Port authority instruments
A port authority instrument continues to
have effect according to its tenor on and after
the port authority abolition date as if a
20 reference in the instrument to the port
authority were a reference to SEC.
157. Proceedings
Where, immediately before the port authority
abolition date, proceedings (including
25 arbitration proceedings) to which the port
authority was a party were pending or
existing in any court or tribunal, then, on and
after the port authority abolition date, SEC is
substituted for the port authority as a party to
30 the proceedings and has the same rights in
the proceedings as the port authority had.
158. Interests in land
Without prejudice to the generality of this
Part and despite anything to the contrary in
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Port Services (Amendment) Act 1997
s. 8
Act No.
any other Act or law, if, immediately before
the port authority abolition date, the port
authority was the registered proprietor of an
interest in land under the Transfer of Land
5 Act 1958, on and after the port authority
abolition date--
(a) SEC is to be taken to be the registered
proprietor of that interest in land; and
(b) SEC has the same rights and remedies
10 in respect of that interest as the port
authority had.
159. Amendment of Register
(1) The Registrar of Titles, on being requested to
do so and on delivery of any relevant
15 certificate of title or instrument, must make
any amendments in the Register that are
necessary because of the operation of this
Part.
(2) The Registrar-General must make all entries
20 on the records of enrolment of any Crown
grant and on any memorial relating to land
that are necessary because of the operation
of this Part.
(3) If any land vested under this Part is not
25 Crown land and is not under the operation of
the Transfer of Land Act 1958, SEC must,
as soon as practicable after the land vests in
accordance with this Part, cause a memorial
of the certificate of the chief executive
30 officer of the port authority concerned (that
complies with Part 1 of the Property Law
Act 1958) to be delivered to the office of the
Registrar-General and, for the purposes of
that Part, that certificate must be taken to be
35 an instrument affecting land.
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Port Services (Amendment) Act 1997
s. 9
Act No.
160. Taxes
No stamp duty or other tax is chargeable
under any Act in respect of anything effected
by or done under this Part or in respect of
5 any act or transaction connected with or
necessary to be done by reason of this Part,
including a transaction entered into or an
instrument made, executed, lodged or given.
161. Evidence
10 (1) Documentary or other evidence that would
have been admissible for or against the
interests of a port authority if this Part had
not been enacted, is admissible for or against
the interests of SEC.
15 (2) Division 3A of Part III of the Evidence Act
1958 continues to apply with respect to the
books of account of a port authority and to
entries made in those books of account
before the port authority abolition date.
20 (3) In sub-section (2), "books of account" has
the same meaning as in Division 3A of Part
III of the Evidence Act 1958.'.
9. Statute law revision
No. 27/1986. (1) In section 23H(1) of the Pollution of Waters by
Reprint No. 2
25 Oil and Noxious Substances Act 1986, in the
as at 27
definition of "transfer operation" for "mean"
February
1997.
substitute "means".
(2) In section 189(7) and (8) of the Port Services Act
1995, for "Water" substitute "Waters".
30
(3) Part 10 of the Port Services Act 1995 is
repealed.
_______________
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Port Services (Amendment) Act 1997
s. 10
Act No.
PART 3--REPEAL OF PORT ACTS
10. Repeal of Port Acts
No. 6262.
(1) The Port of Geelong Authority Act 1958 is
Reprint No. 5
repealed. as at 1
February
1997. Further
amended by
No. 82/1995.
No. 6312.
5 (2) The Port of Melbourne Authority Act 1958 is
Reprint No. 5
repealed. as at 27
March 1997.
Further
amended by
Nos. 82/1995
and 50/1997.
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Port Services (Amendment) Act 1997
Act No.
(3) The Port of Portland Authority Act 1958 is
No. 6340.
repealed.
Reprint No. 4
as at 31
October 1996.
Further
amended by
Nos. 82/1995
and 100/1995.
(4) An Act specified in the heading to an item in the
Schedule is amended as set out in that item.
5 _______________
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Port Services (Amendment) Act 1997
s. 11
Act No.
PART 4--AMENDMENT OF STATE ELECTRICITY
COMMISSION ACT 1958
11. Definitions
No. 6377.
In section 3(1) of the State Electricity
Reprinted to
5 Commission Act 1958, after the definition of No. 79/1995.
"Part" insert-- Subsequently
amended by
' "Ports Fund" means the Fund established under Nos. 8/1996,
48/1996,
section 84A;'. 14/1997,
35/1997 and
36/1997.
12. Amendment of section 12A
10 In section 12A(1)(e) of the State Electricity
Commission Act 1958, after "85(2)" insert "or
the port property referred to in section 85(3)".
13. New section 12C inserted
After section 12B of the State Electricity
15 Commission Act 1958 insert--
"12C. Functions and powers in relation to ports
(1) The functions of the Commission in relation
to ports are--
(a) to carry out the functions conferred on
20 it by the Port Services Act 1995;
(b) to administer and deal with property
and rights vested in, or liabilities
acquired by, the Commission under the
Port Services Act 1995;
25 (c) to acquire and dispose of real or
personal property relating to its
functions under this section;
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Port Services (Amendment) Act 1997
s. 14
Act No.
(d) to carry out such other functions in
relation to ports as are conferred on the
Commission by this or any other Act.
(2) The Commission may do all things necessary
5 or convenient to be done for, or in
connection with, the performance of its
functions under sub-section (1).
(3) The Commission--
(a) may promote, form or participate in
10 partnerships, trusts, unincorporated
joint ventures and other arrangements
for the carrying out of its functions and
powers under this section; and
(b) may facilitate and assist any person,
15 joint venture, partnership, trust or body
to perform any act that is consistent
with, or conducive to, the fulfilment of
the Commission's functions under sub-
section (1).".
20 14. New section 84A inserted
After section 84 of the State Electricity
Commission Act 1958 insert--
'84A. Ports Fund
(1) The Commission must establish a fund to be
25 called the "Ports Fund".
(2) There shall be paid into the Ports Fund--
(a) all money received by the Commission
in respect of, or in connection with, the
carrying out of its functions under
30 section 12C;
(b) all income from the investment of
money in the Fund and the proceeds of
sale of any such investment;
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Port Services (Amendment) Act 1997
s. 15
Act No.
(c) all financial accommodation obtained
by the Commission in relation to its
functions under section 12C;
(d) all other money that the Commission
5 receives for payment into the Ports
Fund or in respect of the port property
within the meaning of section 85(3).
(3) There shall be paid out of the Ports Fund--
(a) all amounts payable by the Commission
10 in respect of its functions under section
12C; and
(b) all costs and expenses incurred by the
Commission in relation to those
functions; and
15 (c) all amounts that are to be transferred
under sub-section (4).
(4) There shall be transferred from the Ports
Fund to the Consolidated Fund by the
Commission such amounts, at such times and
20 in such manner, as are determined by the
Treasurer after consultation with the
Commission.'.
15. Port property
(1) In section 85 of the State Electricity
25 Commission Act 1958, after sub-section (2)
insert--
"(3) The assets and liabilities of the Ports Fund
and the property, rights and liabilities of the
Commission relating to its functions under
30 section 12C are the port property of the
Commission.".
(2) In section 85A(1) of the State Electricity
Commission Act 1958, at the end of paragraph
(b) insert--
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Port Services (Amendment) Act 1997
s. 16
Act No.
"; and
(c) the transactions and affairs relating to its port
property within the meaning of section
85(3).".
5 (3) In section 85A(2) of the State Electricity
Commission Act 1958--
(a) in paragraph (a), after "12B" insert "or
12C";
(b) at the end of paragraph (b) insert--
10 "; and
(c) its report of operations for the financial
year relating to its functions under
section 12C.".
(4) In section 85A(3) of the State Electricity
15 Commission Act 1958, at the end of paragraph
(b) insert--
"; and
(c) the statements in respect of the port
property within the meaning of section
20 85(3).".
16. Guarantees, etc.
In section 85B(1) of the State Electricity
Commission Act 1958--
(a) in paragraph (a) after "12B" insert "or 12C";
25 (b) at the end of paragraph (b) insert--
"; or
(c) obligations or liabilities of the
Commission in relation to its functions
under section 12C.".
30 _______________
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Port Services (Amendment) Act 1997
Act No.
SCHEDULE
CONSEQUENTIAL AMENDMENTS
1. Docklands Authority Act 1991
1.1 In section 10(j) omit "the Port of Melbourne Authority
5 Act 1958 and the Minister administering".
1.2 In section 28(2) omit "Port of Melbourne Authority,".
1.3 In section 32(1)(a) omit "the Port of Melbourne Authority,".
1.4 In section 32(1), for paragraph (d) substitute--
"(d) that land divested under this Act from the Port of
10 Melbourne Authority vests in the Melbourne Port
Corporation;".
1.5 In section 32(1), paragraph (e) is repealed.
1.6 In section 32(2) omit "the Port of Melbourne Authority
Act 1958 or".
15 2. Land Act 1958
In section 385(2), paragraph (b) is repealed.
3. Metropolitan Fire Brigades Act 1958
3.1 In section 4(2), for paragraphs (a) and (aa) substitute--
"(a) the Melbourne port area within the meaning of the
20 Port Services Act 1995; and
(ab) land which is vested in or purchased or acquired by,
or is under the management of, the Melbourne Port
Corporation; and".
3.2 In section 32B(5), for "Port of Melbourne Authority
25 established under the Port of Melbourne Authority Act
1958 designated for that purpose by that Authority"
substitute "Melbourne Port Corporation established by
Division 1 of Part 2 of the Port Services Act 1995
designated for that purpose by that Corporation".
30
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Port Services (Amendment) Act 1997
Act No.
4. Transport Act 1983
In the definition of "Associated Authority" in section 2(1),
paragraphs (b), (c) and (d) are repealed.
5
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Port Services (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
21
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