DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Meaning of port assets
- 5 Meaning of transfer
- 6 Words and expressions defined in Corporations Act
- 7 Associated assets
- 8 Functions for the purposes of an authorised transaction
- 9 Act to bind the Crown
- 10 Extraterritorial operation of Act
PART 2--AUTHORISED TRANSACTIONS
Division 1--Transfer of port assets
- 11 Authorised transfer of port assets
- 12 Proceeds of transaction
Division 2--The Victorian Transport Fund
- 13 Victorian Transport Fund
- 14 Payments into the Fund
- 15 Payments out of the Fund
- 16 Delegation of power to authorise payments
PART 3--FACILITATING AUTHORISED TRANSACTIONS
Division 1--Premier's functions
- 17 Premier's functions
- 18 Manner of effecting authorised transaction
Division 2--Functions of the Port Corporation
- 19 Additional functions of the Port Corporation
- 20 Direction and control of the Port Corporation
- 21 Immunity of directors and officers of the Port Corporation
Division 3--Transaction entities
- 22 Establishment of statutory corporations as transaction entities
- 23 Establishment of companies as transaction entities
- 24 Designation of subsidiary company of the Port Corporation as transaction entity
- 25 Transaction entity does not represent the State
- 26 Functions of transaction entities
- 27 Direction and control of transaction entities
- 28 Immunity of directors and officers of transaction entity
PART 4--ARRANGEMENTS FOR TRANSFER OF PORT ASSETS
Division 1--Transfer orders
- 29 Making of transfer orders
- 30 Vesting of assets, rights and liabilities in transferee
- 31 Terms and conditions of transfer order
- 32 Consideration for vesting
- 33 Transfer subject to encumbrances
- 34 Substitution of party to agreement
- 35 Transfer of interests in land
- 36 Transfer of rights and interests in vehicles and recreational vessels
- 37 Confirmation of vesting
- 38 Determinations by Premier
- 39 Amendment of Land Titles Register
- 40 Amendment of vehicles register
- 41 Evidence
Division 2--Grant of relevant authorisations
- 42 Grant of relevant authorisations
PART 5--ARRANGEMENTS RELATING TO TRANSFER OF PORT CORPORATION STAFF
- 43 Definitions
- 44 Meaning of employment guarantee period
- 45 Designation of a private sector employer
- 46 Temporary transfers (secondments)
- 47 Transfers to private sector employment of Port Corporation executive employees
- 48 Limitation on changes to terms and conditions of transferred employees
- 49 Continuity of entitlements of transferred employees
PART 6--CROWN LAND FOR THE PURPOSES OF AUTHORISED TRANSACTIONS
Division 1--Application of Part
- 50 Land Acts and certain land provisions do not apply
Division 2--Removal of reservations on land
- 51 Revocation of reservations
- 52 Revocation of reservations—part of reservation
- 53 Effect of revocation of reservation
- 54 Preservation of leases and licences
Division 3--Leasing and licensing of Crown land
- 55 Grant of lease or licence of Crown land for the purposes of an authorised transaction
PART 7--GENERAL
Division 1--General matters relating to authorised transactions
- 56 Severance of fixtures
- 57 Protection of contractual and other obligations
- 58 Compensation not payable
- 59 Port of Melbourne leases
Division 2--Compensation payments under authorised transaction relatedagreements or deeds
- 60 Definitions
- 61 Meaning of Port Growth Regime payment provision
- 62 Meaning of Port Growth Regime waiver provision
- 63 Relevant legislation for the purposes of the Essential Services Commission Act 2001
- 64 Ministerial guidelines about capacity expansion proposals
- 65 Compensation not payable or capped in certain cases
- 66 Approval of material increases in capacity for the handling of international containers at the port of Melbourne
- 67 Application
- 68 Application for certification
- 69 Decision on certification by Commission
- 70 Inquiries for the purposes of decisions on certification
- 71 Draft report to be provided to applicant
- 72 Least cost capacity expansion principles Order
- 73 When a least cost capacity expansion principles Order takes effect
- 74 Limitation on amending or revoking a least cost capacity expansion principles Order
- 75 Circumstances in which a least cost capacity expansion principles Order may be amended
- 76 Circumstances in which a least cost capacity expansion principles Order may be wholly revoked
Division 3--Operation of other laws
Division 4--Miscellaneous
Division 5--Regulations
