STATE ELECTRICITY COMMISSION AMENDMENT ACT 2024 (NO. 11 OF 2024) - SECT 23 New Part X inserted
STATE ELECTRICITY COMMISSION AMENDMENT ACT 2024 (NO. 11 OF 2024) - SECT 23
New Part X insertedAfter Part IX of the Principal Act insert —
" Part X—Transfer of property, rights and liabilities etc. of State Electricity Commission of Victoria to the State
112 Definitions
In this Part—
"amending Act" means the State Electricity Commission Amendment Act 2024 ;
"commencement day "means the day on which section 8 of the amending Act comes into operation;
former SEC property means property, rights or liabilities of the former SEC that, under this Part, have become property, rights or liabilities of the State;
"liabilities "means all liabilities, duties and obligations, whether actual, contingent or prospective;
"property "means any legal or equitable 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 and immunities, whether actual, contingent or prospective.
113 State Electricity Commission of Victoria abolished
On the commencement day—
(a) the State Electricity Commission of Victoria is abolished and the person appointed to the office of the Interim Chief Executive Officer of the State Electricity Commission, by Order in Council dated 19 December 2022 and published in the Government Gazette on 19 December 2022, goes out of office; and
(b) subject to this Part—
(i) all property of the former SEC immediately before its abolition becomes the property of the State; and
(ii) all rights and liabilities of the former SEC immediately before its abolition become rights and liabilities of the State; and
(iii) the State is substituted for the former SEC as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the former SEC; and
(iv) the State must continue and complete any other continuing matter or thing commenced by or against or in relation to the former SEC.
114 Superseded references
A reference to the State Electricity Commission of Victoria (established under this Act) in any Act (other than this Act) or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the State—
(a) so far as the reference relates to any period on or after the commencement of section 8 of the amending Act; and
(b) if not inconsistent with the subject matter.
115 Title to Act
On and after the commencement of this section, any reference in any Act (other than this Act), regulation, subordinate instrument or other document to the State Electricity Commission Act 1958 is to be construed as a reference to the Former SEC (Residual Provisions) Act 1958 , unless the contrary intention appears.
116 Transfer subject to encumbrances
If, under this Part, property, rights and liabilities of the former SEC become property, rights or liabilities of the State—
(a) the property and rights become property and rights of the State subject to the encumbrances (if any) to which they were subject immediately before the operation of this Part; and
(b) the rights to which the former SEC was entitled in respect of those liabilities immediately before they ceased to be its liabilities become rights in respect of liabilities of the State.
117 Interests in land
Without affecting the generality of this Part and despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006 ) or law, if, immediately before the commencement day, the former SEC is, in relation to property, rights or liabilities that become, under this Part, the property, rights or liabilities of the State, the registered proprietor of an interest in land under the Transfer of Land Act 1958 , then on and after that day—
(a) the State is taken to be the registered proprietor of that interest in land; and
(b) the State has the same rights and remedies in respect of that interest as the former SEC had.
118 Easements
If the State acquires any right in the nature of an easement (whether as a result of the operation of this Part or otherwise), that right must be taken to be an easement even though there is no land vested in the State which is benefited or capable of being benefited by that right.
119 Action by Registrar of Titles
On being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.
120 Money standing to the credit of certain funds transferred to the Consolidated Fund
(1) On the repeal of section 83, any amounts standing to the credit of the Electricity Fund are transferred to, and form part of, the Consolidated Fund.
(2) On the repeal of section 84, any amounts standing to the credit of the Gas Fund are transferred to, and form part of, the Consolidated Fund.
(3) On the repeal of section 84A, any amounts standing to the credit of the Ports Fund are transferred to, and form part of, the Consolidated Fund.
121 Taxes
No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of 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 for the purpose of or connected with the transfer of property, rights or liabilities of the former SEC.
122 Evidence
(1) Documentary or other evidence that would have been admissible for or against the interests of the former SEC in relation to former SEC property, if this Part had not been enacted, is admissible for or against the interests of the State, if that property becomes property, rights or liabilities of the State.
(2) The Evidence Act 2008 applies with respect to the books of account of the former SEC and to entries made in those books of account before the commencement day, whether or not they relate to former SEC property, as if those books of account and entries were business records of the State.".