DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016 - SECT 3 Definitions

DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016 - SECT 3

In this Act—

"assets" means any legal or equitable estate or interest (whether present or future, whether vested or contingent) in real or personal property of any description;

"associated assets "means any assets, rights and liabilities designated under section 7 as associated assets;

"authorised transaction" means a transfer of port assets authorised by Part 2;

"Crown land" includes a stratum of Crown land;

"exercise", in relation to a function, includes perform a duty;

"function" includes power, authority or duty;

"lease" includes—

        (a)     concurrent lease; and

        (b)     sublease, sublease of a sublease or any further sublease; and

        (c)     concurrent sublease, concurrent sublease of a concurrent sublease or any further concurrent sublease of a concurrent sublease;

"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;

"licence" includes sublicence, sublicence of a sublicence or any further sublicence;

port assets has the meaning given by section 4;

S. 3 def. of Port Corporation amended by Nos 10/2016 s. 178, 19/2022 s. 87(a).

"Port Corporation" means Ports Victoria within the meaning of the Transport Integration Act 2010 ;

"port of Melbourne" has the same meaning as in the Port Management Act 1995 ;

"port of Melbourne seabed" means the Crown land comprising the area of waters that are port of Melbourne waters and, to avoid doubt, includes any stratum of that land;

"port of Melbourne waters "has the same meaning as in the Port Management Act 1995 ;

"private sector entity" means any person other than a public sector entity;

S. 3 def. of public sector entity amended by No. 19/2022 s. 87(b)(c).

"public sector entity" means any of the following—

        (a)     the State;

        (b)     the Minister;

        (c)     the Port Corporation;

        (d)     the Port of Hastings Corporation within the meaning of the Transport Integration Act 2010 ;

    *     *     *     *     *

        (f)     a public entity within the meaning of the Public Administration Act 2004 ;

        (g)     any other person acting on behalf of the State;

        (h)     a corporation established under section 22;

              (i)     a company established in accordance with section 23, but only while all the shares in the company are held by or on behalf of an entity referred to in paragraphs (a) to (h);

        (j)     a wholly-owned subsidiary of an entity referred to in paragraphs (c) to (i);

S. 3 def. of relevant land Ministers amended by No. 26/2018 s. 91(1).

"relevant land Ministers" means—

        (a)     in sections 51 and 52, the Minister administering the Crown Land (Reserves) Act 1978 , the Minister administering the Marine and Coastal Act 2018 and the Minister administering Part IX of the Land Act 1958 ; and

        (b)     in section 55, the Minister administering the Marine and Coastal Act 2018 and the Minister administering Part IX of the Land Act 1958 ;

"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

"transaction arrangement" means a transaction, agreement or other arrangement entered into by or on behalf of a public sector entity for the purposes of an authorised transaction;

"transaction entity" means—

        (a)     a corporation established under section 22; or

        (b)     a company established in accordance with section 23; or

        (c)     a company designated under section 24;

"transaction proceeds" means the proceeds of the transfer of port assets to a private sector entity under an authorised transaction;

"transfer", in relation to port assets, has the meaning given by section 5;

"transfer date" means the date of coming into effect of a transfer order;

"transfer order" means an order made under Division 1 of Part 4;

"transferee" means the person or body in whom any assets, rights and liabilities are vested by a transfer order;

"transferor" means the person or body from whom any assets, rights or liabilities are divested by a transfer order;

"vehicle "has the same meaning as in the Road Safety Act 1986 ;

"Victorian Transport Fund" means the Fund established under section 13.