Gas Industry (Residual Provisions) (Amendment) Act 2004
Victorian Legislation Parliamentary Documents
i
Gas Industry (Residual Provisions) (Amendment)
Act 2004
Act No. 2/2004
TABLE OF PROVISIONS
Section Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Repeal of Division 2 of Part 2 2
5. Repeal of certain provisions of Division 3 of Part 2 2
6. Repeal of Division 4 of Part 2 2
7. Transitional provisions regarding transfers of property from gas
corporations or gas companies 2
8. General provisions relating to the Gas and Fuel Superannuation
Fund 4
9. Directions to public gas companies 5
10. Repeal of provision dealing with service of documents on
statutory gas company 5
11. Transitional evidentiary provision inserted 5
12. Proceedings for offences 5
13. Transitional provisions regarding transfers of property from
nominated public gas companies 5
14. Repeal of Schedule 1 dealing with provisions applying to gas
companies 7
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ENDNOTES 8
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Gas Industry (Residual Provisions)
(Amendment) Act 2004†
[Assented to 27 April 2004]
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the Gas
Industry (Residual Provisions) Act 1994 to
repeal certain redundant provisions relating to
GASCOR.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
Victoria
No. 2 of 2004
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3. Definitions
In section 3 of the Gas Industry (Residual
Provisions) Act 1994—
(a) in the definition of "board", omit "or, if an
Administrator of the gas company has been
appointed under section 17A, the
Administrator";
(b) the definition of "director" is repealed.
4. Repeal of Division 2 of Part 2
Division 2 of Part 2 of the Gas Industry
(Residual Provisions) Act 1994 is repealed.
5. Repeal of certain provisions of Division 3 of Part 2
Sections 17, 17A, 17B, 17C, 17D, 17E, 17F, 17G,
17H, 17I and 18 of the Gas Industry (Residual
Provisions) Act 1994 are repealed.
6. Repeal of Division 4 of Part 2
Division 4 of Part 2 of the Gas Industry
(Residual Provisions) Act 1994 is repealed.
7. Transitional provisions regarding transfers of
property from gas corporations or gas companies
(1) In section 63(1) of the Gas Industry (Residual
Provisions) Act 1994, insert the following
definition—
' "former GASCOR subsidiary" means a
company all the shares in which were held
by GASCOR at any time before
15 September 2003;'.
s. 3
See:
Act No.
112/1994.
Reprint No. 5
as at
1 September
2001 and
amending
Act Nos
62/2001,
11/2002 and
51/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
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(2) After section 71(1) of the Gas Industry
(Residual Provisions) Act 1994 insert—
"(1A) Sub-section (1) does not apply to GASCOR
or to a former GASCOR subsidiary.
(1B) A certificate signed by the relevant person
certifying that property, rights or liabilities of
GASCOR (as transferor) or of a former
GASCOR subsidiary (as transferor) specified
in the certificate have been vested in or
become liabilities of the transferee or have
been allocated under an allocation statement
in accordance with section 65 or 66 or the
directions of the Minister is, unless revoked
under sub-section (2), conclusive evidence—
(a) that the property, rights or liabilities
have been so vested or allocated or
become liabilities of the transferee; and
(b) that the property, rights or liabilities
vested in or became the property, rights
or liabilities of the transferee on the
relevant date.".
(3) In section 71(2) of the Gas Industry (Residual
Provisions) Act 1994, for "sub-section (1)"
substitute "this section".
(4) After section 71(3) of the Gas Industry
(Residual Provisions) Act 1994 insert—
'(4) In sub-sections (2) and (3), a reference to the
chief executive officer of a transferor is, in
the case of GASCOR or a former GASCOR
subsidiary, to be taken to be a reference to
the relevant person.
(5) Nothing in sub-section (1A), (1B) or (4)
affects the evidentiary value of a certificate
issued under sub-section (1) before the
commencement of the Gas Industry
(Residual Provisions) (Amendment) Act
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2004, but any such certificate may be
revoked under sub-section (2).
(6) The requirement on the relevant person
under sub-section (3) to keep and make
available a register includes the requirement
to keep and make available any register kept
under this section in respect of GASCOR or
a former GASCOR subsidiary before the
commencement of the Gas Industry
(Residual Provisions) (Amendment) Act
2004.
(7) In this section "relevant person" means—
(a) the Administrator within the meaning
of the State Electricity Commission
Act 1958; or
(b) such other person as the Treasurer may
appoint by an instrument in writing for
the purposes of this section.'.
(5) After section 79(2) of the Gas Industry
(Residual Provisions) Act 1994 insert—
"(3) In this section, a reference to the certificate
of the chief executive officer of the
transferor of former gas corporation property
includes, in the case of GASCOR or a former
GASCOR subsidiary, a reference to the
certificate of the relevant person given under
section 71 in respect of former gas
corporation property.".
8. General provisions relating to the Gas and Fuel
Superannuation Fund
Sections 87E(1) and 87E(2) of the Gas Industry
(Residual Provisions) Act 1994 are repealed.
s. 8
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9. Directions to public gas companies
In section 88A(1) of the Gas Industry (Residual
Provisions) Act 1994, omit "(other than a
statutory gas company to which section 23
applies)".
10. Repeal of provision dealing with service of
documents on statutory gas company
Section 95 of the Gas Industry (Residual
Provisions) Act 1994 is repealed.
11. Transitional evidentiary provision inserted
At the end of section 96 of the Gas Industry
(Residual Provisions) Act 1994 insert—
"(2) This section does not apply to any document
issued or purporting to have been issued on
or after the commencement of the Gas
Industry (Residual Provisions)
(Amendment) Act 2004.".
12. Proceedings for offences
In section 96A of the Gas Industry (Residual
Provisions) Act 1994—
(a) in sub-sections (1) and (3) omit "a statutory
gas company or";
(b) in sub-section (2) omit "the statutory gas
company or".
13. Transitional provisions regarding transfers of
property from nominated public gas companies
(1) In section 115A(1) of the Gas Industry (Residual
Provisions) Act 1994, insert the following
definition—
' "former GASCOR subsidiary" means a
company that at any time before
15 September 2003 was—
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(a) a PGC all the shares in which were held
by GASCOR; or
(b) a PGC all the shares in which were held
by a company all the shares in which
were held by GASCOR;'.
(2) After section 115D(1) of the Gas Industry
(Residual Provisions) Act 1994 insert—
"(1A) Sub-section (1) does not apply to GASCOR
or to a former GASCOR subsidiary.
(1B) A certificate signed by the relevant person
certifying that property, rights or liabilities of
GASCOR or of a former GASCOR
subsidiary specified in the certificate have
been allocated under an allocation statement
under this Part to a person so specified is,
unless revoked under sub-section (2),
conclusive evidence—
(a) that the property, rights or liabilities
have been so allocated; and
(b) that the property, rights or liabilities
vested in or became the property, rights
or liabilities of the person on the
relevant date.".
(3) In section 115D(2) of the Gas Industry (Residual
Provisions) Act 1994, for "sub-section (1)"
substitute "this section".
(4) After section 115D(3) of the Gas Industry
(Residual Provisions) Act 1994 insert—
'(4) In sub-sections (2) and (3), a reference to the
chief executive officer of the PGC is, in the
case of GASCOR or a former GASCOR
subsidiary, to be taken to be a reference to
the relevant person.
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(5) Nothing in sub-section (1A), (1B) or (4)
affects the evidentiary value of a certificate
issued under sub-section (1) before the
commencement of the Gas Industry
(Residual Provisions) (Amendment) Act
2004, but any such certificate may be
revoked under sub-section (2).
(6) The requirement on the relevant person
under sub-section (3) to keep and make
available a register includes the requirement
to keep and make available any register kept
under this section in respect of GASCOR or
a former GASCOR subsidiary before the
commencement of the Gas Industry
(Residual Provisions) (Amendment) Act
2004.
(7) In this section "relevant person" means—
(a) the Administrator within the meaning
of the State Electricity Commission
Act 1958; or
(b) such other person as the Treasurer may
appoint by an instrument in writing for
the purposes of this section.'.
(5) After section 115K(2) of the Gas Industry
(Residual Provisions) Act 1994 insert—
"(3) In this section, a reference to the certificate
of the chief executive officer of the PGC,
includes, in the case of GASCOR or a former
GASCOR subsidiary, a reference to the
certificate of the relevant person given under
section 115D.".
14. Repeal of Schedule 1 dealing with provisions
applying to gas companies
Schedule 1 to the Gas Industry (Residual
Provisions) Act 1994 is repealed.
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 20 November 2003
Legislative Council: 31 March 2004
The long title for the Bill for this Act was "to amend the Gas Industry
(Residual Provisions) Act 1994 and for other purposes."
Endnotes
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