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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Port Services (Port of Melbourne Reform) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--ESTABLISHMENT OF PORT OF MELBOURNE
CORPORATION 3
3. Definitions 3
4. Orders in Council 4
5. Substitution of Division 1 of Part 2 4
Division 1--Port of Melbourne Corporation 4
10. Establishment 4
11. Port of Melbourne Corporation not to represent the
Crown 5
12. Objectives 5
13. Functions 6
14. Powers of the Port of Melbourne Corporation 7
15. Acquisition or disposal of land by the Corporation to
be approved by Minister 8
6. Directions by the Minister 8
7. Non-commercial functions 9
8. Amendment of heading to Part 4 9
9. Insertion of new Division 1 of Part 4 9
Division 1--Reservation of land for the purposes of the port
of Melbourne 9
64. Power to reserve unalienated Crown land for the
purposes of the port of Melbourne 9
10. Wharfage charge 11
11. Substitution of heading to Part 8 11
12. Insertion of definition of "port corporation" in section 99 12
13. Substitution of heading to Part 9 12
14. Insertion of definition of "port corporation" in section 117 12
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Clause Page
15. Insertion of new Part 12 13
PART 12--TRANSITIONAL PROVISIONS--
ESTABLISHMENT OF PORT OF MELBOURNE
CORPORATION 13
162. Definitions 13
163. Transfer of property etc. from MPC to the new
corporation 13
164. Staff to be transferred from the old corporation to the
new corporation 14
16. Provisions applying to the Boards of port corporations 16
17. Consequential amendments 17
PART 3--TRANSFER OF VCA FUNCTIONS 18
18. Definitions 18
19. Objectives of the Port of Melbourne Corporation 19
20. Functions of the Port of Melbourne Corporation 19
21. Insertion of new section to follow section 14 19
14A. Dredging by Port of Melbourne Corporation 19
22. Definition of port waters for VCA 20
18AA. Definition 20
23. Amendment of definition of channel operator in Part 3 20
24. Insertion of new Part 13 21
PART 13--TRANSITIONAL PROVISIONS--TRANSFER
OF CERTAIN VCA FUNCTIONS ETC. 21
Division 1--Definitions 21
165. Definitions 21
Division 2--Allocation of property etc. 22
166. Treasurer may direct transfer of property etc. 22
167. Property transferred to the new corporation 23
168. Allocation of property etc. subject to encumbrances 23
169. Substitution of party to agreement 24
170. VCA instruments 24
171. Taxes 24
172. Validity of things done under this Part 25
173. Payments in respect of financial obligations of VCA 26
Division 3--Staff and other matters 26
174. List of staff to be transferred from VCA to the new
corporation 26
175. Terms of employment of staff transferred from VCA
to the new corporation 27
176. Price determination 28
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Clause Page
PART 4--AMENDMENTS TO OTHER ACTS 30
25. Amendment of references in the Borrowing and Investment
Powers Act 1987 30
26. Amendment of references in the Docklands Authority
Act 1991 30
27. Amendment of references in the Land Act 1958 30
28. Amendment of references in the Metropolitan Fire Brigades
Act 1958 31
29. Amendment of the Public Authorities (Dividends) Act 1983 31
30. Amendment of references in the Transport Act 1983 32
31. Amendment of references in the Treasury Corporation of
Victoria Act 1992 32
__________________
SCHEDULE--Consequential Amendments to the Port Services
Act 1995 33
ENDNOTES 35
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PARLIAMENT OF VICTORIA
Initiated in Assembly 8 April 2003
A BILL
to amend the Port Services Act 1995 to abolish the Melbourne Port
Corporation and to establish the Port of Melbourne Corporation, to
make other amendments to that Act, to amend the Public Authorities
(Dividends) Act 1983, to make consequential amendments to other
Acts and for other purposes.
Port Services (Port of Melbourne
Reform) Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to--
(a) amend the Port Services Act 1995 to
5 provide for the abolition of the Melbourne
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 1--Preliminary
s. 2
Port Corporation and the establishment of
the Port of Melbourne Corporation; and
(b) make other amendments to the Port Services
Act 1995; and
5 (c) amend the Public Authorities (Dividends)
Act 1983; and
(d) make consequential amendments to other
Acts.
2. Commencement
10 (1) This Act (except Part 3 (other than section 24) and
Part 4) comes into operation on 1 July 2003.
(2) Subject to sub-section (3), the remaining
provisions of Part 3 come into operation on a day,
not earlier than 2 July 2003, to be proclaimed.
15 (3) If the remaining provisions of Part 3 do not come
into operation before 2 February 2004, they come
into operation on that day.
(4) Subject to sub-section (5), Part 4 comes into
operation on a day or days to be proclaimed.
20 (5) If a provision of Part 4 does not come into
operation before 2 February 2004, it comes into
operation on that day.
__________________
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 3
PART 2--ESTABLISHMENT OF PORT OF MELBOURNE
CORPORATION
See: 3. Definitions
Act No.
82/1995.
In section 3 of the Port Services Act 1995--
Reprint No. 2
as at
5 (a) insert the following definitions--
1 June 2001
and
' "port of Melbourne" means port of
amending
Act Nos Melbourne land;
44/2001,
62/2001 and
"Port of Melbourne Corporation" means
77/2001.
the corporation established under
LawToday:
www.dms.
10 section 10;
dpc.vic.
gov.au
"port of Melbourne land" means land that
is in the municipal district of the
Melbourne City Council, Maribyrnong
City Council, Hobsons Bay City
15 Council or Port Phillip City Council or
any land in Port Phillip Bay adjoining
one or more of those municipal
districts, being--
(a) land--
20 (i) an interest in which (being
an interest that is in the
nature of a freehold or
leasehold interest or a
licence) is held by the Port of
25 Melbourne Corporation; and
(ii) that is declared by the Order
in Council under section
5(1A) to be port of
Melbourne land; and
30 (b) any land that is deemed to be
temporarily reserved under the
Crown Land (Reserves) Act
1978 for the purposes of the port
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 4
of Melbourne by the operation of
section 64;';
(b) the definitions of "managed land",
"Melbourne port area", "MPC" and "PMA"
5 are repealed;
(c) in the definition of "port corporation", for
"Melbourne Port Corporation" substitute
"Port of Melbourne Corporation";
(d) in the definition of "port land"--
10 (i) for paragraph (a) substitute--
"(a) in the case of the port of
Melbourne, the port of Melbourne
land;";
(ii) in paragraph (b) for "in relation to"
15 substitute "in the cases of".
4. Orders in Council
After section 5(1) of the Port Services Act 1995
insert--
"(1A) The Governor in Council may, from time to
20 time, by Order published in the Government
Gazette, declare any land, an interest in
which (being an interest in the nature of a
freehold or leasehold interest or a licence) is
held by the Port of Melbourne Corporation,
25 to be port of Melbourne land.".
5. Substitution of Division 1 of Part 2
For Division 1 of Part 2 of the Port Services Act
1995 substitute--
'Division 1--Port of Melbourne Corporation
30 10. Establishment
(1) There is established a body to be known as
the "Port of Melbourne Corporation".
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 5
(2) The Port of Melbourne Corporation--
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
5 (c) may sue and be sued; and
(d) may acquire, hold and dispose of real
and personal property; and
(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 the Port of Melbourne Corporation
affixed to a document and, until the contrary
is proved, must presume that it was duly
15 affixed.
(4) The official seal of the Port of Melbourne
Corporation must be kept in such custody as
the Corporation directs and must not be used
except as authorised by the Corporation.
20 11. Port of Melbourne Corporation not to
represent the Crown
The Port of Melbourne Corporation is a
public authority but does not represent the
Crown.
25 12. Objectives
The objectives of the Port of Melbourne
Corporation are--
(a) to manage and develop the port of
Melbourne in an economically, socially
30 and environmentally sustainable
manner;
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 5
(b) to ensure that essential port services of
the port of Melbourne are available and
cost effective;
(c) to ensure, in co-operation with other
5 relevant responsible bodies, that the
port of Melbourne is effectively
integrated with other systems of
infrastructure in the State;
(d) to facilitate, in co-operation with other
10 relevant responsible bodies, the
sustainable growth of trade through the
port of Melbourne.
13. Functions
(1) The functions of the Port of Melbourne
15 Corporation are--
(a) to plan for the development and
operation of the port of Melbourne;
(b) to provide land, waters and
infrastructure necessary for the
20 development and operation of the port
of Melbourne;
(c) to develop, or enable and control the
development by others of, the whole or
any part of the port of Melbourne;
25 (d) to manage, or enable and control the
management by others of, the whole or
any part of the port of Melbourne;
(e) to provide, or enable and control the
provision by others of, services for the
30 operation of the port of Melbourne;
(f) to promote and market the port of
Melbourne;
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 5
(g) to facilitate the integration of
infrastructure and logistics systems in
the port of Melbourne with relevant
systems outside the port;
5 (h) any other functions that are conferred
on the Corporation by or under this or
any other Act.
(2) The Port of Melbourne Corporation must
carry out its functions under sub-section (1)
10 in a manner that--
(a) is safe and secure; and
(b) is environmentally sustainable; and
(c) is effective and efficient; and
(d) is commercially sound; and
15 (e) has regard for the persons living or
working in the immediate
neighbourhood of the port of
Melbourne.
14. Powers of the Port of Melbourne
20 Corporation
The Port of Melbourne Corporation--
(a) subject to section 15, may acquire or
dispose of real or personal property;
(b) may enter into contracts, agreements,
25 leases or licences;
(c) may employ agents or contractors;
(d) may act as an agent of another person;
(e) may form, or participate in the
formation of, or be a member of,
30 companies;
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 6
(f) may form, participate in the formation
of, and may participate in, partnerships,
trusts, unincorporated joint ventures
and other arrangements for sharing
5 profits;
(g) may act as trustee;
(h) may engage in any business,
undertaking or activity incidental to the
performance of its functions;
10 (i) may act as a committee of management
under the Crown Land (Reserves) Act
1978;
(j) may do all things necessary or
convenient to be done for, or in
15 connection with, the carrying out of its
functions.
15. Acquisition or disposal of land by the
Corporation to be approved by Minister
The Port of Melbourne Corporation must
20 obtain the approval of the Minister before
acquiring or disposing of any interest in
land.'.
6. Directions by the Minister
(1) For section 30(1) of the Port Services Act 1995
25 substitute--
"(1) Each port corporation is subject to the
general direction and control of the Minister.
(1A) Each port corporation is subject to any
specific direction given to it by the Minister
30 with the approval of the Treasurer.".
(2) In section 30(2) of the Port Services Act 1995,
for "Treasurer" substitute "Minister".
(3) In section 30(3) of the Port Services Act 1995,
for "Treasurer" substitute "Minister".
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 7
7. Non-commercial functions
In section 38(1) of the Port Services Act 1995--
(a) for "Treasurer" substitute "Minister";
(b) for "after consultation with the Minister"
5 substitute "with the approval of the
Treasurer";
(c) in paragraph (a), for "Treasurer" substitute
"Minister";
(d) in paragraph (c), for "Treasurer" substitute
10 "Minister".
8. Amendment of heading to Part 4
In the heading to Part 4 of the Port Services Act
1995, for "CROWN LAND" substitute
"RESERVATION OF LAND".
15 9. Insertion of new Division 1 of Part 4
After the heading to Part 4 of the Port Services
Act 1995 insert--
"Division 1--Reservation of land for the
purposes of the port of Melbourne
20 64. Power to reserve unalienated Crown land
for the purposes of the port of Melbourne
(1) The Minister, in consultation with the
Minister administering section 4 of the
Crown Land (Reserves) Act 1978, may
25 recommend to the Governor in Council that
any Crown land that is--
(a) in the municipal district of the
Melbourne City Council, Maribyrnong
City Council, Hobsons Bay City
30 Council or Port Phillip City Council or
in Port Phillip Bay adjoining one or
more of those municipal districts; and
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 9
(b) not reserved under the Crown Land
(Reserves) Act 1978--
be reserved for the purposes of the port of
Melbourne.
5 (2) The Minister must not make a
recommendation under sub-section (1)
unless the Minister--
(a) has received a plan of the land signed
by the Surveyor-General; and
10 (b) is satisfied that the land, shown on the
plan signed by the Surveyor-General,
represents the land that is to be reserved
for the purposes of the port of
Melbourne.
15 (3) On receiving a recommendation of the
Minister under sub-section (1), the Governor
in Council may, by Order published in the
Government Gazette, declare that any
interests over the land shown in the plan,
20 other than those specified in the Order, are
surrendered to the Crown.
(4) On the publication of an Order under sub-
section (3) in the Government Gazette--
(a) the land is deemed to be unalienated
25 land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests
other than those specified in the Order;
30 and
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 10
(b) the land is deemed to be temporarily
reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for
the purposes of the port of Melbourne,
5 and the reservation may be amended,
revoked and otherwise dealt with in
accordance with that Act; and
(c) the Port of Melbourne Corporation is
deemed to be the committee of
10 management of the land.".
10. Wharfage charge
(1) In section 74(1) of the Port Services Act 1995,
for "MPC" substitute "the Port of Melbourne
Corporation".
15 (2) In section 74(3) of the Port Services Act 1995,
for "MPC" substitute "the Port of Melbourne
Corporation".
(3) In section 74(4) of the Port Services Act 1995,
for "MPC" substitute "the Port of Melbourne
20 Corporation".
(4) In section 74(5) of the Port Services Act 1995,
for "MPC" substitute "the Port of Melbourne
Corporation".
(5) In section 74(6) of the Port Services Act 1995,
25 for "MPC" substitute "the Port of Melbourne
Corporation".
11. Substitution of heading to Part 8
For the heading to Part 8 of the Port Services Act
1995 substitute--
30 "PART 8--TRANSFER OF PROPERTY BY
PORT AUTHORITIES TO CERTAIN PORT
CORPORATIONS".
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 12
12. Insertion of definition of "port corporation" in
section 99
In section 99(1) of the Port Services Act 1995,
insert the following definition--
5 ' "port corporation" means--
(a) Melbourne Port Corporation, within the
meaning of this Act, as in force
immediately before the commencement
of section 5 of the Port Services (Port
10 of Melbourne Reform) Act 2003; or
(b) Hastings Port (Holding) Corporation; or
(c) Victorian Channels Authority;'.
13. Substitution of heading to Part 9
For the heading to Part 9 of the Port Services Act
15 1995 substitute--
"PART 9--STAFF OF PORT AUTHORITIES".
14. Insertion of definition of "port corporation" in
section 117
In section 117 of the Port Services Act 1995,
20 insert the following definition--
' "port corporation" means--
(a) Melbourne Port Corporation, within the
meaning of this Act, as in force
immediately before the commencement
25 of section 5 of the Port Services (Port
of Melbourne Reform) Act 2003; or
(b) Hastings Port (Holding) Corporation; or
(c) Victorian Channels Authority;'.
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 15
15. Insertion of new Part 12
After Part 11 of the Port Services Act 1995
insert--
'PART 12--TRANSITIONAL PROVISIONS--
5 ESTABLISHMENT OF PORT OF MELBOURNE
CORPORATION
162. Definitions
In this Part--
"commencement day" means the day on
10 which section 5 of the Port Services
(Port of Melbourne Reform) Act
2003 comes into operation;
"old corporation" means MPC, within the
meaning of this Act, as in force
15 immediately before the commencement
day;
"new corporation" means the Port of
Melbourne Corporation, within the
meaning of this Act, as in force on and
20 from the commencement day.
163. Transfer of property etc. from MPC to the
new corporation
Except as otherwise provided in this Act, on
and from the commencement day--
25 (a) the old corporation is abolished and the
directors go out of office; and
(b) all rights, property and assets that,
immediately before the commencement
day were vested in the old corporation,
30 vest in the new corporation; and
(c) all debts, liabilities and obligations of
the old corporation existing
immediately before the commencement
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 15
day, become debts, liabilities and
obligations of the new corporation; and
(d) the new corporation is substituted as a
party to any proceedings pending in any
5 court or tribunal to which the old
corporation was a party, immediately
before the commencement day; and
(e) the new corporation is substituted as a
party to any contract or arrangement
10 entered into by or on behalf of the old
corporation and in force immediately
before the commencement day; and
(f) any reference to the old corporation in
any Act or in any proclamation, Order
15 in Council, rule, regulation, order,
agreement, instrument, deed or other
document, so far as it relates to any
period after the commencement day,
and if not inconsistent with the context
20 or subject matter, must be construed as
a reference to the new corporation.
164. Staff to be transferred from the old
corporation to the new corporation
(1) A person who was an employee of the old
25 corporation immediately before the
commencement day is deemed to be an
employee of the new corporation.
(2) A transferred employee is to be regarded
as--
30 (a) being employed in his or her new
position with effect on and from the
commencement day; and
(b) having the same terms and conditions
as those that applied to the person in
35 relation to his or her employment with
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 15
the old corporation immediately before
the commencement day; and
(c) having accrued an entitlement to
benefits in connection with the
5 employment with the new corporation
that is equivalent to the entitlement that
the person had accrued, as an employee
of the old corporation, immediately
before the commencement day.
10 (3) The service of a transferred employee with
the new corporation is to be regarded for all
purposes as having been continuous with the
service of the transferred employee,
immediately before the commencement day,
15 as an employee of the old corporation.
(4) A transferred employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an
employee of the old corporation because of
20 the operation of this Division.
(5) A certificate purporting to be signed by the
chief executive officer of the new
corporation certifying that the person named
in the certificate was, with effect from the
25 commencement day, employed, by virtue of
this section, with the new corporation, is
admissible in evidence in any proceedings
and is conclusive proof of the matters stated
in it.
30 (6) The superannuation entitlements of any
person who is a transferred employee are
deemed not to be affected by that person
becoming a transferred employee.
(7) If a transferred employee was, immediately
35 before the appointed day an officer within
the meaning of the State Superannuation
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 16
Act 1988, he or she continues to be such an
officer.
(8) Nothing in this section prevents--
(a) any of the terms and conditions of
5 employment of a transferred employee
from being altered by or under any law,
award or agreement with effect from
any time after the commencement day;
or
10 (b) a transferred employee from resigning
or being dismissed at any time after the
commencement day in accordance with
the existing terms and conditions of his
or her employment with the new
15 corporation.
(9) This section applies to the person occupying
the position of chief executive officer of the
Melbourne Port Corporation immediately
before the commencement day, and the
20 amendment to this Act by section 16(3) of
the Port Services (Port of Melbourne
Reform) Act 2003 does not apply to that
person.
(10) In this section, "transferred employee"
25 means an employee of the old corporation
who is deemed to be an employee of the new
corporation by sub-section (1).'.
16. Provisions applying to the Boards of port corporations
(1) In clause 1 of Schedule 1 to the Port Services Act
30 1995, for "Melbourne Port Corporation, 7"
substitute "Port of Melbourne Corporation, 9".
(2) In clause 3(1) of Schedule 1 to the Port Services
Act 1995 after "the Governor in Council" insert
", on the recommendation of the Minister, after
35 consultation with the Treasurer".
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 2--Establishment of Port of Melbourne Corporation
s. 17
(3) In clause 6(1) of Schedule 1 to the Port Services
Act 1995, for "the Treasurer after consultation
with the Minister" substitute "the Minister, after
consultation with the Treasurer".
5 17. Consequential amendments
The Port Services Act 1995 is amended as set out
in the Schedule.
__________________
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 3--Transfer of VCA Functions
s. 18
PART 3--TRANSFER OF VCA FUNCTIONS
18. Definitions
In section 3 of the Port Services Act 1995--
(a) insert the following definitions--
5 ' "Director of Marine Safety" has the same
meaning as "Director" has in the
Marine Act 1988;
"port of Melbourne waters" means any
waters that, by Order in Council made
10 under section 5(2) are declared to be
port of Melbourne waters;';
(b) for the definition of "channel operator"
substitute--
' "channel operator" means--
15 (a) in the case of port of Melbourne
waters, the Port of Melbourne
Corporation;
(b) in the case of any other port
waters, a person who manages
20 channels in those waters under an
agreement with VCA;';
(c) in the definition of "port of Melbourne",
after "port of Melbourne land" insert "and
port of Melbourne waters";
25 (d) in the definition of "port waters" for
"in relation to the port of Melbourne,"
substitute "in the case of the port of
Melbourne, the port of Melbourne waters,
and in the cases of the port of".
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 3--Transfer of VCA Functions
s. 19
19. Objectives of the Port of Melbourne Corporation
In section 12 of the Port Services Act 1995--
(a) in paragraph (d), for "Melbourne."
substitute "Melbourne;";
5 (b) after paragraph (d) insert--
"(e) to establish and manage channels in
port of Melbourne waters for use on a
fair and reasonable basis.".
20. Functions of the Port of Melbourne Corporation
10 After section 13(1)(g) of the Port Services Act
1995, insert--
"(ga) to manage and, in accordance with standards
developed by the Director of Marine Safety,
to dredge and maintain channels in port of
15 Melbourne waters;
(gb) to provide and maintain, in accordance with
the standards developed by the Director of
Marine Safety, navigation aids in connection
with navigation in port of Melbourne waters;
20 (gc) generally, to direct and control, in
accordance with the Marine Act 1988, the
movement of vessels in port of Melbourne
waters;".
21. Insertion of new section to follow section 14
25 After section 14 of the Port Services Act 1995
insert--
"14A. Dredging by Port of Melbourne
Corporation
Without limiting the generality of the powers
30 conferred on it, but subject to obtaining any
permit, consent or other authority required
by or under any other Act, the Port of
Melbourne Corporation, in connection with
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 3--Transfer of VCA Functions
s. 22
carrying out its functions as a channel
operator--
(a) may alter, dredge, cleanse, scour,
straighten and improve any channel in
5 port of Melbourne waters;
(b) may reduce or remove any banks or
shoals within any such channel;
(c) may abate and remove any
impediments, obstructions and
10 nuisances in any such channel that are
injurious to the sea-bed or that obstruct
or tend to obstruct navigation.".
22. Definition of port waters for VCA
After the heading to Division 2 of Part 2 insert--
15 '18AA. Definition
In this Division "port waters" does not
include port of Melbourne waters.'.
23. Amendment of definition of channel operator in
Part 3
20 In the definition of "channel operator" in
section 45 of the Port Services Act 1995, after
"under an arrangement with VCA" insert "or the
Port of Melbourne Corporation when acting in
port of Melbourne waters".
20
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s. 24
24. Insertion of new Part 13
After Part 12 of the Port Services Act 1995
insert--
'PART 13--TRANSITIONAL PROVISIONS--
5 TRANSFER OF CERTAIN VCA FUNCTIONS
ETC.
Division 1--Definitions
165. Definitions
In this Division--
10 "appointed day" means the day on which
section 20 of the Port Services (Port
of Melbourne Reform) Act 2003
comes into operation;
"former VCA property" means property,
15 rights or liabilities of VCA that, under
this Part, have vested in or become
property rights or liabilities of the new
corporation;
"instrument" includes a document and an
20 oral agreement;
"liabilities" means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
"property" means any legal or equitable
25 estate or interest (whether present or
future and whether vested or
contingent) in real or personal property
of any description;
"rights" means all rights, powers, privileges
30 and immunities, whether actual,
contingent or prospective;
21
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Port Services (Port of Melbourne Reform) Act 2003
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Part 3--Transfer of VCA Functions
s. 24
"VCA instrument" means an instrument
subsisting immediately before the
relevant date--
(a) to which VCA was a party; or
5 (b) that was given in favour of VCA;
or
(c) that refers to VCA; or
(d) under which--
(i) money is or may become
10 payable to or by VCA; or
(ii) other property is to be or
may become liable to be
transferred to or by VCA.
Division 2--Allocation of property etc.
15 166. Treasurer may direct transfer of property
etc.
(1) The Treasurer, after consultation with the
Minister, may give a direction in writing to
VCA directing it to transfer, in accordance
20 with the direction, property, rights and
liabilities of a specified kind to the new
corporation.
(2) Within 21 days after receiving a direction
under sub-section (1), VCA must give to the
25 Treasurer a statement approved by the
Treasurer relating to the property, rights and
liabilities of VCA to which the direction
relates, as at a date specified by the
Treasurer, for the purposes of this section.
22
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s. 24
(3) A statement under this section--
(a) must allocate the property, rights and
liabilities of VCA shown in the
statement in accordance with the
5 directions of the Treasurer; and
(b) must be signed by the chief executive
officer of VCA.
(4) If a statement under this section is approved
by the Treasurer and the Minister--
10 (a) the Treasurer and the Minister must
sign the statement; and
(b) the statement is an allocation statement
for the purposes of this Part.
167. Property transferred to the new corporation
15 On the appointed day--
(a) all property and rights of VCA that are
allocated to the new corporation under
the allocation statement, vest in the new
corporation; and
20 (b) all liabilities of VCA that are allocated
to the new corporation under the
allocation statement, become liabilities
of the new corporation.
168. Allocation of property etc. subject to
25 encumbrances
Unless an allocation statement under this
Part otherwise provides, where, under this
Part property and rights vest in the new
corporation or liabilities become liabilities of
30 the new corporation--
(a) the property and rights so vested are
subject to the encumbrances (if any) to
which they were subject immediately
before so vesting; and
23
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Port Services (Port of Melbourne Reform) Act 2003
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s. 24
(b) the rights to which VCA was entitled in
respect of those liabilities immediately
before they ceased to be liabilities of
VCA, vest in the new corporation.
5 169. Substitution of party to agreement
If, under an allocation statement, the rights
and liabilities of VCA under an agreement
are allocated to the new corporation--
(a) the new corporation becomes, on the
10 appointed day, a party to the agreement
in place of VCA; and
(b) on and after the relevant date, the
agreement has effect as if the new
corporation had always been a party to
15 the agreement.
170. VCA instruments
Each VCA instrument relating to former
VCA property continues to have effect
according to its tenor on and after the
20 relevant date as if a reference in the
instrument to VCA were a reference to the
new corporation.
171. Taxes
No duty or other tax is chargeable under any
25 Act in respect of anything done under this
Division or in respect of any act or
transaction connected with or necessary to be
done by reason of this Division, including a
transaction entered into or an instrument
30 made, executed, lodged or given, for the
purpose of, or connected with the transfer of
property, rights or liabilities of VCA.
24
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 3--Transfer of VCA Functions
s. 24
172. Validity of things done under this Part
(1) Nothing effected by this Division or done or
suffered by VCA, a Minister or the new
corporation under this Division--
5 (a) is to be regarded as placing VCA, a
Minister or the new corporation in
breach of contract or confidence or as
otherwise making any of them guilty of
a civil wrong; or
10 (b) is to be regarded as placing any of them
in breach of or as constituting a default
under any Act or other law or any
provision in any agreement,
arrangement or understanding
15 including, without limiting the
generality of the foregoing, any
provision prohibiting, restricting or
regulating the assignment or transfer of
any property or the disclosure of any
20 information; or
(c) is to be regarded as fulfilling any
condition which allows a person to
exercise a right or remedy in respect of
or to terminate any agreement or
25 obligation; or
(d) releases any surety or other obligor
wholly or in part from any obligation.
(2) The validity of any act or transaction of
VCA or the new corporation must not be
30 called in question in any proceedings on the
ground that any provision of this Division
had not been complied with.
25
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 3--Transfer of VCA Functions
s. 24
173. Payments in respect of financial obligations
of VCA
In the case of any obligations or rights of
VCA under section 36D or 36E of the
5 Treasury Corporation of Victoria Act
1992, that have been allocated under an
allocation statement under this Division--
(a) the new corporation must pay to the
Treasury Corporation of Victoria such
10 amounts, and at such times, as VCA
would have been liable to pay in
respect of those financial obligations, if
the Order under section 36D or 36E (as
the case requires) had not been made,
15 except so far as the Treasury
Corporation of Victoria and the new
corporation otherwise agree; and
(b) the Treasury Corporation of Victoria
must pay to the new corporation those
20 amounts, and at those times, as VCA
would have been entitled to receive in
respect of those financial obligations if
the Order under section 36D or 36E (as
the case requires) had not been made,
25 except in so far as the Treasury
Corporation of Victoria and the new
corporation otherwise agree.
Division 3--Staff and other matters
174. List of staff to be transferred from VCA to
30 the new corporation
The chief executive officer of VCA must list,
in writing, the employees of VCA, employed
by VCA immediately before the appointed
day, who are to be employed by the new
35 corporation.
26
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Port Services (Port of Melbourne Reform) Act 2003
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s. 24
175. Terms of employment of staff transferred
from VCA to the new corporation
(1) A transferred employee is to be regarded
as--
5 (a) being employed in his or her new
position with effect on and from the
appointed day; and
(b) having the same terms and conditions
as those that applied to the person in
10 relation to his or her employment with
the VCA immediately before the
appointed day; and
(c) having accrued an entitlement to
benefits in connection with the
15 employment with the new corporation
that is equivalent to the entitlement that
the person had accrued, as an employee
of VCA, immediately before the
appointed day.
20 (2) The service of a transferred employee with
the new corporation is to be regarded for all
purposes as having been continuous with the
service of the transferred employee,
immediately before the appointed day, as an
25 employee of VCA.
(3) A transferred employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an
employee of VCA because of the operation
30 of this Division.
(4) A certificate purporting to be signed by the
Chief Executive Officer of the new
corporation certifying that the person named
in the certificate was, with effect from the
35 appointed day, employed, by virtue of this
section, with the new corporation, is
27
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 3--Transfer of VCA Functions
s. 24
admissible in evidence in any proceedings
and is conclusive proof of the matters stated
in it.
(5) The superannuation entitlements of any
5 person who is a transferred employee are
deemed not to be affected by that person
becoming a transferred employee.
(6) If a transferred employee was, immediately
before the appointed day an officer within
10 the meaning of the State Superannuation
Act 1988, he or she continues to be such an
officer.
(7) Nothing in this section prevents--
(a) any of the terms and conditions of
15 employment of a transferred employee
from being altered by or under any law,
award or agreement with effect from
any time after the appointed day; or
(b) a transferred employee from resigning
20 or being dismissed at any time after the
appointed day in accordance with the
existing terms and conditions of his or
her employment with the new
corporation.
25 (8) In this section, "transferred employee"
means a person listed under section 174.
176. Price determination
(1) On and from the appointed day--
(a) a reference in the price determination to
30 VCA, to the extent that that reference
applies to the exercise by that body of
functions or powers within the port of
Melbourne, is deemed to be a reference
to the Port of Melbourne Corporation;
35 and
28
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 3--Transfer of VCA Functions
s. 24
(b) any powers, functions, rights and
liabilities of VCA under the price
determination, to the extent that they
relate to the port of Melbourne, become
5 powers, functions, rights and liabilities
of the Port of Melbourne Corporation.
(2) In this section "price determination"
means the Price Determination for the
Channels of the Ports of Melbourne and
10 Geelong, as in force immediately before the
appointed day, being the price
determination--
(a) that was made by the Regulator-
General under section 54 (as in force
15 before the commencement of the
Essential Services Commission Act
2001); and
(b) notice of the making of which was
given in Special Government Gazette
20 Number S99; and
(c) that came into operation on 3 July
2000; and
(d) that was continued in force under Part 8
of the Essential Services Commission
25 Act 2001.'.
__________________
29
551050B.I1-9/4/2003 BILL LA CIRCULATION 25-10-2004
Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 4--Amendments to Other Acts
s. 25
PART 4--AMENDMENTS TO OTHER ACTS
See:
25. Amendment of references in the Borrowing and Act No.
Investment Powers Act 1987 13/1987.
Reprint No. 6
In Column 1 of item 7A of Schedule 1 of the as at
1 July 2001
5 Borrowing and Investment Powers Act 1987, and
for "Melbourne Port Corporation" substitute amending
Act Nos
"Port of Melbourne Corporation". 66/2000,
81/2000 and
87/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
26. Amendment of references in the Docklands Authority Act No.
Act 1991 22/1991.
Reprint No. 2
10 (1) In section 28(2) of the Docklands Authority Act as at
1 July 1999
1991, for "Melbourne Port Corporation" and
substitute "Port of Melbourne Corporation". amending
Act Nos
(2) In section 32(1)(a) of the Docklands Authority 45/1999,
30/2000,
Act 1991, for "Melbourne Port Corporation" 74/2000,
15 substitute "Port of Melbourne Corporation". 11/2001 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
27. Amendment of references in the Land Act 1958 Act No.
6284.
In section 385(2)(e) of the Land Act 1958, for Reprint No. 10
"Melbourne Port Corporation" substitute "Port of as at
20 September
Melbourne Corporation". 2001
and
amending
Act No.
11/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
30
551050B.I1-9/4/2003 BILL LA CIRCULATION 25-10-2004
Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 4--Amendments to Other Acts
s. 28
28. Amendment of references in the Metropolitan Fire
See:
Brigades Act 1958
Act No.
6315.
Reprint No. 8 (1) In section 4(2) of the Metropolitan Fire
as at
Brigades Act 1958--
25 March
1999
5 (a) in paragraph (a), for "Melbourne port area"
and
amending
substitute "port of Melbourne";
Act Nos
50/1989,
(b) in paragraph (ab), for "Melbourne Port
86/1998,
Corporation" substitute "Port of Melbourne
48/2000,
9/2002 and
Corporation".
49/2002.
LawToday:
10 (2) In section 32B(5) of the Metropolitan Fire
www.dms.
dpc.vic. Brigades Act 1958, for "Melbourne Port
gov.au
Corporation" established by Division 1 of Part 2
of the" substitute "Port of Melbourne Corporation
established by the".
15 See: 29. Amendment of the Public Authorities (Dividends) Act
Act No.
1983
10003.
Reprint No. 2
In the definition of "public authority" in section
as at
8 August 1997
4(1) of the Public Authorities (Dividends) Act
and
1983, paragraph (c) is repealed.
amending
Act No.
91/1997.
LawToday:
www.dms.
dpc.vic.
gov.au
31
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Port Services (Port of Melbourne Reform) Act 2003
Act No.
Part 4--Amendments to Other Acts
s. 30
30. Amendment of references in the Transport Act 1983 See:
Act No.
In clause 26 of Schedule 5 to the Transport Act 9921.
Reprint No. 8
1983, for "Port of Melbourne Authority" as at
(wherever occurring) substitute "Port of 13 June 2002
5 and
Melbourne Corporation". amending
Act Nos
81/2000,
54/2001,
94/2001,
32/2002,
35/2002,
37/2002 and
54/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
31. Amendment of references in the Treasury Act No.
Corporation of Victoria Act 1992 80/1992.
Reprint No. 2
(1) In the definition of "public authority" in as at
20 August
section 36A of the Treasury Corporation of 1998
10 Victoria Act 1992-- and
amending
(a) omit "the Port of Melbourne Authority"; Act Nos
98/1998,
63/1999,
(b) for "Melbourne Port Corporation" substitute
69/2000,
"Port of Melbourne Corporation". 74/2000,
29/2001 and
(2) In column 1 of Schedule 1 to the Treasury 32/2001.
LawToday:
15 Corporation of Victoria Act 1992, for www.dms.
"Melbourne Port Corporation" substitute "Port of dpc.vic.
gov.au
Melbourne Corporation".
__________________
32
551050B.I1-9/4/2003 BILL LA CIRCULATION 25-10-2004
Port Services (Port of Melbourne Reform) Act 2003
Act No.
Sch.
SCHEDULE
CONSEQUENTIAL AMENDMENTS TO THE PORT
SERVICES ACT 1995
1. Amendment of section 4
5 In section 4(2)(b), for "MPC" substitute "the Port of
Melbourne Corporation".
2. Amendment of section 7
In section 7, for "MPC" (wherever occurring) substitute
"the Port of Melbourne Corporation".
10 3. Amendment of section 78
(1) In section 78(1), for "MPC" (wherever occurring) substitute
"the Port of Melbourne Corporation".
(2) In section 78(2), for "MPC" substitute "the Port of
Melbourne Corporation".
15 (3) In section 78(3), for "MPC" substitute "the Port of
Melbourne Corporation".
4. Amendment of section 79
In section 79(1), for "MPC" substitute "the Port of
Melbourne Corporation".
20 5. Amendment of section 80
(1) In section 80(1), for "MPC" substitute "the Port of
Melbourne Corporation".
(2) In section 80(2), for "MPC" (wherever occurring) substitute
"the Port of Melbourne Corporation".
25 (3) In section 80(3), for "MPC" substitute "The Port of
Melbourne Corporation".
(4) In section 80(4), for "MPC" substitute "the Port of
Melbourne Corporation".
(5) In section 80(5), for "MPC" substitute "the Port of
30 Melbourne Corporation".
33
551050B.I1-9/4/2003 BILL LA CIRCULATION 25-10-2004
Port Services (Port of Melbourne Reform) Act 2003
Act No.
Sch.
6. Amendment of section 82
In section 82, for "MPC" substitute "The Port of Melbourne
Corporation".
34
551050B.I1-9/4/2003 BILL LA CIRCULATION 25-10-2004
Port Services (Port of Melbourne Reform) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
35
551050B.I1-9/4/2003 BILL LA CIRCULATION 25-10-2004
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