Borrowing and Investment Powers Act 1987 (Vic)

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Version No. 105

Borrowing and Investment Powers Act 1987

No. 13 of 1987

Version incorporating amendments as at


1 July 2022

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3AApplication of sections of this Act to authorities

Part 2—Borrowing powers

Division 1—General

4General borrowing authorisation

Division 2—Financial accommodation

5Financial accommodation by way of overdraft in Australia

8Financial accommodation in Australia

9Financial accommodation within or outside Australia

10Financial leases

11Financial arrangements

11AALimited validation of certain financial transactions

11ABAssumption of certain obligations and rights

Division 3—Guarantees

12Guarantee of overdraft certified by Treasurer

13Statutory guarantee

14Guarantee of financial accommodation

14AGuarantee of certain obligations

15Guarantee of financial arrangements

16Appropriation for guarantee

17Assignment and enforcement of guarantees

Part 3—Investment powers

Division 1—Preliminary

19General investment authorisation

Division 2—Investment

20Power to invest moneys

20ALimited validation of certain investments

21Trading in investments

22Underwriting

Part 4—Consequential amendments and transitional provisions

26Transitional provisions

27Enforcement of guarantees given before commencement of section

Part 5—Guarantees etc. for economic development projects

28Definitions

29Treasurer may execute guarantee etc.

30Provisions applying to guarantees etc. under this Part

Part 6—General

31Regulations

Schedules

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 105

Borrowing and Investment Powers Act 1987

No. 13 of 1987

Version incorporating amendments as at
1 July 2022

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1Purpose

The purpose of this Act is to make provision for borrowing and investment powers for certain statutory bodies.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Definitions

(1)In this Act—

arrangement means any agreement, arrangement, understanding, promise or undertaking whether express or implied or any transaction;

Australia means the Commonwealth of Australia and includes the territories of the Commonwealth;

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

authority means a person or body that is prescribed;

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financial accommodation means a financial benefit or assistance to obtain a financial benefit arising from or as a result of—

(a)a loan;

(b)issuing, endorsing or otherwise dealing in promissory notes;

(c)drawing, accepting, endorsing or otherwise dealing in bills of exchange;

(d)issuing, purchasing or otherwise dealing in securities;

(e)granting or taking a lease of any real or personal property for financing but not for operating purposes;

(f)any other arrangement that the Governor in Council on the recommendation of the Treasurer approves;

financial arrangement means an arrangement establishing rights and obligations to receive or deliver property the value of which, or to receive or make a payment in an amount which, or the value of which—

(a)depends on, or is derived from, the value, or price, at a particular future time or during a particular future period, of particular property, rights or liabilities; or

(b)depends on, or is derived by reference to, a particular rate, index or other factor at a particular future time or during a particular future period;

invest includes acquisition, sale or divestment of an investment and entering into a transaction or arrangement for the protection or enhancement of investments;

lease means—

(a)any lease, licence, charter or hiring arrangement of any real or personal property; or

(b)any arrangement under which a right to use, operate, manage or provide services in respect of any real or personal property is granted by the owner to another person;

prescribed means prescribed by the regulations;

propertymeans any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

security includes inscribed stock and debenture, bond, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation whether constituting a charge on property of an authority or not.

(2)An approval given under this Act may be given unconditionally or subject to such conditions as the Governor in Council or the Treasurer, as the case may be, thinks fit.

3AApplication of sections of this Act to authorities

A section of this Act applies to an authority if the section is prescribed as applying to that authority.

Part 2—Borrowing powers[1]

Division 1—General

4General borrowing authorisation

An authority may, for the purpose of performing its functions or exercising its powers—

(a)exercise any power conferred on it by this Part; and

(b)with the approval of the Governor in Council on the recommendation of the Treasurer, do anything necessary for, or incidental to, the exercise of any power conferred on it by this Part.

Division 2—Financial accommodation

5Financial accommodation by way of overdraft in Australia

An authority to which this section applies may, with the approval of the Treasurer, obtain a financial benefit or assistance to obtain a financial benefit by way of overdraft of account at any authorised deposit-taking institution or other financial institution in Australia.

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8Financial accommodation in Australia

(1)An authority to which this section applies may, with the approval of the Treasurer, obtain financial accommodation within Australia.

(2)An authority to which this section applies may not obtain financial accommodation under this section by granting or taking a lease of real or personal property.

9Financial accommodation within or outside Australia

(1)An authority to which this section applies may, with the approval of the Treasurer, obtain financial accommodation within or outside Australia.

(2)An authority to which this section applies may not obtain financial accommodation under this section by granting or taking a lease of real or personal property.

10Financial leases

An authority to which this section applies may, with the approval of the Treasurer, obtain financial accommodation within or outside Australia under an arrangement under which or as part of which the authority enters into a lease of the whole or any part of real or personal property.

11Financial arrangements

An authority to which this section applies—

(a)may, with the approval of the Treasurer, enter into and perform financial arrangements to hedge, protect or manage the value of its assets or liabilities, or prospective assets or liabilities, against movements in—

(i)currency rates, interest rates, prices of shares, property or commodities; or

(ii)any other rates, costs or other factors specified by the Treasurer, including rates, costs or other factors that affect, or could affect, the value of its assets or liabilities or prospective assets or liabilities; and

(b)may, with the approval of the Treasurer enter into financial arrangements to acquire or dispose of assets or liabilities.

11AA   Limited validation of certain financial transactions

(1)If—

(a)an authority to which this section applies entered into, or purported to enter into, a financial transaction that was not, or may not have been, a financial arrangement of a kind that the authority was authorised to enter into under section 4 and 11 or section 11; and

(b)another party to the financial transaction entered into the financial transaction in good faith and with no reason to suspect, at the time of entering into the financial transaction, that the transaction was not a financial arrangement of a kind that the authority was authorised to enter into under section 4 and 11 or section 11—

the financial transaction may be enforced as if it were a financial arrangement which the authority had been authorised to enter into.

(2)Subsection (1) applies in relation to transactions entered into whether before or after the commencement of section 4 of the Borrowing and Investment Powers (Further Amendment) Act 1991.

11ABAssumption of certain obligations and rights

An authority to which this section applies may assume obligations and rights under or in connection with financial accommodation obtained by another person and any security for that financial accommodation if—

(a)the arrangements under which the other person obtained the financial accommodation or gave the security include provision for such an assumption by the authority; or

(b)all the parties to those arrangements and the authority agree in writing to the assumption by the authority—

and the Treasurer gives approval in writing.

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Division 3—Guarantees

12Guarantee of overdraft certified by Treasurer

(1)This section applies in relation to the provision to an authority to which this section applies of a financial benefit, or assistance to obtain a financial benefit, referred to in section 5.

(2)If the Treasurer executes a certificate in or to the effect of the prescribed form relating to the provision to an authority of a financial benefit or assistance to obtain a financial benefit referred to in section 5, the due satisfaction of amounts payable by the authority as a result of or in connection with the provision to the authority of the financial benefit or assistance including, without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to enforce or obtain such satisfaction is guaranteed by the Government of Victoria.

13Statutory guarantee

(1)This section applies in relation to the provision to an authority to which this section applies (other than Victorian Power Exchange, Generation Victoria or National Electricity) of—

(a)a financial benefit or assistance to obtain a financial benefit referred to in section 5; or

(b)financial accommodation—

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(ii)to which section 8 or 9 applies, unless the Treasurer executes a guarantee under section 14 in relation to the financial accommodation.

(2)The due satisfaction of amounts payable by an authority as a result of or in connection with the provision to the authority of financial accommodation including, without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or

endeavouring to enforce or obtain such satisfaction is guaranteed by the Government of Victoria.

14Guarantee of financial accommodation

(1)This section applies in relation to the provision to an authority to which this section applies of financial accommodation to which section 8, 9 or 10 applies.

(2)The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person or body of persons guaranteeing the due satisfaction of amounts that become payable and of other actions required to be performed as a result of or in connection with the provision to the authority of financial accommodation including, without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to enforce or obtain such satisfaction.

14AGuarantee of certain obligations

(1)This section applies in relation to the assumption by an authority to which this section applies of obligations and rights in accordance with section 11AB.

(2)The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person or body of persons guaranteeing the due satisfaction of amounts that become payable and of other actions required to be performed as a result of or in connection with the provision by the authority of obligations and rights in accordance with section 11AB including, without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to enforce or obtain such satisfaction.

15Guarantee of financial arrangements

(1)This section applies in relation to an authority to which this section applies which has entered into a financial arrangement to which section 11 applies.

(2)If the Treasurer executes a certificate in or to the effect of the prescribed form relating to a financial arrangement entered into by an authority the due satisfaction of all amounts which become payable including, without limiting the generality of the foregoing, the payment of the expenses of enforcing or obtaining or endeavouring to enforce or obtain such satisfaction, is guaranteed by the Government of Victoria.

16Appropriation for guarantee

(1)Any sums required by the Treasurer in fulfilling any liability arising under a guarantee by or on behalf of the Government of Victoria provided by this Division or given under this Division shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).

(2)Any sums received or recovered by the Treasurer from an authority or otherwise in respect of any sums paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund.

17Assignment and enforcement of guarantees

(1)The whole or any part of the benefit of a guarantee under this Division may be assigned by the person entitled to the benefit for the time being, unless the terms and conditions of the guarantee otherwise provide.

(2)A guarantee under this Part has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.

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Part 3—Investment powers

Division 1—Preliminary

19General investment authorisation

An authority may, for the purpose of performing its functions or exercising its powers—

(a)exercise any power conferred on it by this Part; and

(b)with the approval of the Governor in Council on the recommendation of the Treasurer, do anything necessary for, or incidental to, the exercise of any power conferred on it by this Part.

Division 2—Investment

20Power to invest moneys

An authority to which this section applies may, with the approval of the Treasurer, invest moneys of the authority in any manner approved by the Governor in Council on the recommendation of the Treasurer in relation to the authority.

20ALimited validation of certain investments

(1)If—

(a)an authority to which this section applies entered into, or purported to enter into, a transaction or arrangement in the exercise of a power of investment that was not, or may not have been, a power of a kind that the authority was authorised to exercise under section 19 and 20 or section 20; and

(b)another party to the transaction or arrangement entered into the transaction or arrangement in good faith and with no reason to suspect, at the time of entering into the transaction or arrangement, that the transaction or arrangement was not entered into by the authority in the exercise of a power of investment of a kind that the authority was authorised to exercise under section 19 and 20 or section 20—

the transaction or arrangement may be enforced as if it had been entered into by the authority in the exercise of a power of investment under section 19 and 20 or section 20.

(2)Subsection (1) applies in relation to transactions and arrangements entered into whether before or after the commencement of section 5 of the Borrowing and Investment Powers (Further Amendment) Act 1991.

21Trading in investments

An authority to which this section applies and to which the Governor in Council on the recommendation of the Treasurer has given approval for the purposes of this section, may exercise any power in relation to investments that a natural person may exercise and, without limiting the generality of the foregoing—

(a)may sell, barter, exchange or otherwise dispose of or get in any of its investments; and

(b)may vary or transpose any of its investments for other investments in which the authority is authorised to invest.

22Underwriting

An authority to which this section applies may, with the approval of the Governor in Council on the recommendation of the Treasurer, underwrite or sub-underwrite the issue by a body corporate or unincorporate of any shares, units in a unit trust or securities in which the authority is authorised to invest.

Part 4—Consequential amendments and transitional provisions

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26Transitional provisions

(1)A provision of an Act amended by section 23 continues to apply to or in respect of—

(a)moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and financial arrangements entered into and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act before the commencement of that section; and

(b)moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act after that commencement, pursuant to arrangements entered into before that commencement—

as if that section had not been enacted.

(2)A provision of an Act amended by section 24 continues to apply to or in respect of the investment of moneys or exercise of powers made before the commencement of that section as if that section had not been enacted.

27Enforcement of guarantees given before commencement of section

A guarantee given by or on behalf of the Government or State of Victoria or by the Treasurer and in force under an Act before the commencement of this section has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.

Part 5—Guarantees etc. for economic development projects

28Definitions

In this Part—

development includes establishment, continuation, increase, facilitation, encouragement or promotion;

industry includes—

(a)the production of goods and services in Victoria;

(b)manufacturing or processing in Victoria;

(c)the provision of employment opportunities in Victoria;

(d)the export of Victorian produce, products or services, whether or not outside Australia;

(e)the promotion of Victorian goods and services;

(f)tourism and tourist accommodation and other facilities for tourists in Victoria;

(g)any activity within Victoria approved by the Treasurer as an industry for the purposes of this Part.

29Treasurer may execute guarantee etc.

(1)The Treasurer, on such terms and conditions as the Treasurer thinks fit, may execute a guarantee in favour of a person or body (not being a co‑operative under the Co‑operatives National Law (Victoria))—

(a)in respect of money advanced or to be advanced or other credit facilities provided—

(i)to assist in the development of an industry or class of industry; or

(ii)to re-pay or re-finance money previously borrowed to assist in the development of an industry or class of industry; or

(b)in respect of the performance of any obligation by a person or body under an agreement or contract relating to the development of an industry or class of industry.

(2)The Treasurer, on such terms and conditions as the Treasurer thinks fit, may execute an indemnity or covenant in favour of a person or body (not being a co-operative under the Co‑operatives National Law (Victoria)) in respect of any expense, loss, damage, cost or liability incurred or that may be incurred by that person or body under or in respect of an agreement or contract relating to, or in respect of anything done in connection with, the development of an industry or class of industry.

30Provisions applying to guarantees etc. under this Part

(1)If the Treasurer so determines, a guarantee, indemnity or covenant under this Part may include interest charges and expenses chargeable by the creditor against the debtor and the expenses of enforcing or obtaining, or endeavouring to enforce or obtain, payment of the debt to which the guarantee, indemnity or covenant relates and those interest charges and expenses.

(2)The Treasurer may require the creditor to which a guarantee, indemnity or covenant under this Part relates to hold securities of such nature as the Treasurer requires for the payment of the debt or the performance of other obligations to which the guarantee, indemnity or covenant relates.

(3)The Treasurer may secure from the debtor to which a guarantee, indemnity or covenant under this Part relates an indemnity against loss suffered as a result of the failure of the debtor to pay the debt or perform the other obligations to which the guarantee, indemnity or covenant relates and hold securities of such nature as the Treasurer requires in respect of the indemnity.

(4)A guarantee, indemnity or covenant under this Part is not enforceable against the Treasurer unless and until the creditor, to the satisfaction of the Treasurer, has exercised the creditor's rights under all securities, if any, held by or for the creditor in respect of the debt or other obligation to which the guarantee, indemnity or covenant relates, other than the guarantee, indemnity or covenant itself.

(5)The creditor must not, without the consent in writing of the Treasurer, assign or encumber the benefit of a guarantee, indemnity or covenant under this Part.

(6)Such sums as may from time to time become due and payable by the Treasurer under a guarantee, indemnity or covenant under this Part shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

Part 6—General

31Regulations

(1)The Governor in Council may make regulations for or with respect to any of the following—

(a)prescribing a person or body as an authority;

(b)prescribing a section of this Act as applying to an authority;

(c)the form of securities issued under this Act in Australia;

(d)the issue of securities under this Act in Australia;

(e)the rights attached to securities issued under this Act in Australia;

(f)the keeping of registers of securities issued under this Act in Australia;

(g)fees payable for inspection of or to obtain copies of or extracts from registers kept in Australia of securities issued under this Act in Australia;

(h)the sale and transfer of securities issued under this Act in Australia;

(i)any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations may—

(a)be of general or limited application;

(b)differ according to differences in time, place or circumstances.

Schedules

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 24 March 1987

Legislative Council: 28 April 1987

The long title for the Bill for this Act was "A Bill to make provision for borrowing and investment powers for certain statutory bodies and for other purposes.".

The Borrowing and Investment Powers Act 1987 was assented to on 12 May 1987 and came into operation as follows:

Parts 1, 3, sections 24, 26(2) on 14 October 1987: Government Gazette 14 October 1987 page 2712; rest of Act on 18 November 1987: Government Gazette 18 November 1987 page 3138.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Borrowing and Investment Powers Act 1987 by Acts and subordinate instruments.

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Hospitals Superannuation Act 1988, No. 21/1988

Assent Date: 17.5.88
Commencement Date: 1.7.88: Government Gazette 18.5.88 p. 1273
CurrentState: All of Act in operation

Local Authorities Superannuation Act 1988, No. 23/1988

Assent Date: 17.5.88
Commencement Date: Pts 1, 7 on 1.9.87: s. 2(2); rest of Act on 25.5.88: Government Gazette 25.5.88 p. 1458
CurrentState: All of Act in operation

Transport Superannuation Act 1988, No. 33/1988

Assent Date: 17.5.88
Commencement Date: 1.7.88: Government Gazette 18.5.88 p. 1273
CurrentState: All of Act in operation

State Superannuation Act 1988, No. 50/1988

Assent Date: 24.5.88
Commencement Date: S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87: s. 2(2); Pt 1, Pt 6 Div. 2, s. 91 on 1.1.88: s. 2(3); rest of Act on 1.7.88: Government Gazette 1.6.88 p. 1487
CurrentState: All of Act in operation

Borrowing and Investment Powers (Amendment) Act 1988, No. 78/1988

Assent Date: 20.12.88
Commencement Date: S. 10(1) on 18.11.87: s. 2(2); rest of Act on 27.4.89: Special Gazette (No. 21) 27.4.89 p. 1
CurrentState: All of Act in operation

Superannuation Acts (Amendment) Act 1988, No. 81/1988

Assent Date: 20.12.88
Commencement Date: Ss 21, 22, 25 on 1.1.88: s. 2(1); ss 5, 10, 29, 31 on 1.7.88: s. 2(2); rest of Act on 20.12.88 s. 2(3)
CurrentState: All of Act in operation

State Insurance Office (Amendment) Act 1989, No. 13/1989

Assent Date: 9.5.89
Commencement Date: 9.5.89
CurrentState: All of Act in operation

State Casual Employees Superannuation Act 1989, No. 20/1989

Assent Date: 16.5.89
Commencement Date: 1.7.89: Government Gazette 7.6.89 p. 1358
CurrentState: All of Act in operation

Egg Industry Act 1989, No. 49/1989

Assent Date: 14.6.89
Commencement Date: All of Act (except s. 63) on 2.8.89: Government Gazette 2.8.89 p. 1907; s. 63 never proclaimed, repealed by No. 47/1993 s. 4
CurrentState: All of Act in operation

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date: 5.12.89
Commencement Date: 1.11.90: Government Gazette 15.8.90 p. 2473
CurrentState: All of Act in operation

Borrowing and Investment Powers (Further Amendment) Act 1991, No. 31/1991

Assent Date: 12.6.91
Commencement Date: S. 6 on 12.5.87: s. 2(1); rest of Act on 12.6.91: s. 2(2)
CurrentState: All of Act in operation

Emergency Services Superannuation (MFBSF Transfer) Act 1991, No. 64/1991

Assent Date: 19.11.91
Commencement Date: All of Act (except ss 7–9) on 20.11.91: Government Gazette 20.11.91 p. 3146; s. 7 on 1.1.92: s. 2(2); s. 8 on 1.7.91: s. 2(3); s. 9 on 9.9.92: Government Gazette 9.9.92 p. 2634
CurrentState: All of Act in operation

Water (Rural Water Corporation) Act 1992, No. 50/1992

Assent Date: 30.6.92
Commencement Date: 1.7.92: Government Gazette 1.7.92 p. 1629
CurrentState: All of Act in operation

Borrowing and Investment Powers (Melbourne Water Corporation) Act 1992, No. 61/1992

Assent Date: 17.11.92
Commencement Date: 17.11.92
CurrentState: All of Act in operation

Treasury Corporation of Victoria Act 1992, No. 80/1992

Assent Date: 24.11.92
Commencement Date: 1.1.93: Special Gazette (No. 69) 23.12.92 p. 1
CurrentState: All of Act in operation

Dairy Industry Act 1992, No. 88/1992

Assent Date: 26.11.92
Commencement Date: 24.12.92: Special Gazette (No. 70) 24.12.92 p. 1
CurrentState: All of Act in operation

Meat Industry Act 1993, No. 40/1993

Assent Date: 1.6.93
Commencement Date: S. 83 on 30.6.93: Government Gazette 24.6.93 p. 1596
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Victorian Plantations Corporation Act 1993, No. 61/1993

Assent Date: 8.6.93
Commencement Date: Ss 1–3 on 8.6.93: s. 2(1); rest of Act on 1.7.93: Government Gazette 24.6.93 p. 1596
CurrentState: All of Act in operation

Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993 (as amended by No. 4/1994)

Assent Date: 23.11.93
Commencement Date: Ss 1–3 on 23.11.93: s. 2(1); rest of Act on 23.5.94: s. 2(3)
CurrentState: All of Act in operation

Public Sector Superannuation (Administration) Act 1993, No. 110/1993 (as amended by No. 4/1994)

Assent Date: 30.11.93
Commencement Date: S. 22 on 30.11.93: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Electricity Industry Act 1993, No. 130/1993 (as amended by No. 4/1994)

Assent Date: 14.12.93
Commencement Date: S. 119 on 14.12.93: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Gaming and Betting Act 1994, No. 37/1994

Assent Date: 2.6.94
Commencement Date: S. 231 on 2.6.95: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Melbourne Exhibition Centre Act 1994, No. 41/1994

Assent Date: 7.6.94
Commencement Date: S. 40 on 18.8.94: Government Gazette 18.8.94 p. 2240
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Electricity Industry (Amendment) Act 1994, No. 53/1994

Assent Date: 15.6.94
Commencement Date: S. 30 on 3.10.94: Special Gazette (No. 64) 27.9.94 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Victorian Funds Management Corporation Act 1994, No. 61/1994

Assent Date: 15.6.94
Commencement Date: S. 41 on 19.7.94: Special Gazette (No. 50) 19.7.94 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Australian Grands Prix Act 1994, No. 68/1994

Assent Date: 25.10.94
Commencement Date: Pt 1 (ss 1–6) on 25.10.94: s. 2(1); rest of Act on 28.10.94: Government Gazette 27.10.94 p. 2854
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Borrowing and Investment Powers (Public Transport Corporation) Act 1994, No. 85/1994

Assent Date: 6.12.94
Commencement Date: 6.12.94
CurrentState: All of Act in operation

Queen Victoria Women's Centre Act 1994, No. 103/1994

Assent Date: 13.12.94
Commencement Date: Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 15.6.95: Government Gazette 15.6.95 p. 1416
CurrentState: All of Act in operation

Electricity Industry (Further Amendment) Act 1994, No. 110/1994

Assent Date: 20.12.94
Commencement Date: S. 34 on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Gas Industry Act 1994, No. 112/1994

Assent Date: 20.12.94
Commencement Date: S. 113 on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Melbourne City Link Authority Act 1994, No. 116/1994

Assent Date: 20.12.94
Commencement Date: Pt 1 (ss 1–6) on 20.12.94: s. 2(1); rest of Act on 22.12.94: Government Gazette 22.12.94 p. 3385
CurrentState: All of Act in operation

Melbourne Sports and Aquatic Centre Act 1994, No. 117/1994

Assent Date: 20.12.94
Commencement Date: Ss 1, 2 on 20.12.94: s. 2(1); rest of Act on 1.6.95: Special Gazette (No. 45) 31.5.95 p. 1
CurrentState: All of Act in operation

Superannuation Acts (Further Amendment) Act 1994, No. 120/1994

Assent Date: 20.12.94
Commencement Date: S. 80 on 20.12.94: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Water Industry Act 1994, No. 121/1994

Assent Date: 20.12.94
Commencement Date: Ss 1, 2 on 20.12.94: s. 2(1); rest of Act on 1.1.95: Special Gazette (No. 105) 23.12.94 p. 1
CurrentState: All of Act in operation

Australian Food Industry Science Centre Act 1995, No. 18/1995

Assent Date: 16.5.95
Commencement Date: Pt 1 (ss 1–4) on 16.5.95: s. 2(1); rest of Act on 1.6.95: Government Gazette 1.6.95 p. 1310
CurrentState: All of Act in operation

Gas and Fuel Corporation (Repeal) Act 1995, No. 31/1995

Assent Date: 6.6.95
Commencement Date: S. 52(Sch. 1 items 1.1–1.3) on 21.6.95: Special Gazette (No. 49) 14.6.95 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Port Services Act 1995, No. 82/1995

Assent Date: 28.11.95
Commencement Date: S. 194 on 14.12.95: Government Gazette 14.12.95 p. 3488—see Interpretation of Legislation Act 1984
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995

Assent Date: 5.12.95
Commencement Date: Ss 3–8 on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Zoological Parks and Gardens Act 1995, No. 106/1995

Assent Date: 5.12.95
Commencement Date: S. 50 on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Superannuation Acts (Amendment) Act 1996, No. 4/1996

Assent Date: 18.6.96
Commencement Date: S. 76 on 30.6.96: s. 2(12)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Victorian Managed Insurance Authority Act 1996, No. 11/1996

Assent Date: 25.6.96
Commencement Date: S. 36 on 1.10.96: Special Gazette (No. 115) 1.10.96 p. 22
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Arts Institutions (Amendment) Act 1996, No. 61/1996

Assent Date: 17.12.96
Commencement Date: S. 88(a)–(c) on 6.2.97: Government Gazette 6.2.97 p. 257—see Interpretation of Legislation Act 1984
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Melbourne Convention and Exhibition Trust Act 1996, No. 71/1996

Assent Date: 17.12.96
Commencement Date: S. 34 on 5.2.97: Special Gazette (No. 16) 5.2.97 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996

Assent Date: 17.12.96
Commencement Date: S. 7 on 17.12.96: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Rail Corporations Act 1996, No. 79/1996

Assent Date: 17.12.96
Commencement Date: S. 57(1)(2) on 1.3.97: Special Gazette (No. 11) 28.1.97 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Co-operatives Act 1996, No. 84/1996

Assent Date: 23.12.96
Commencement Date: S. 467(Sch. 6 item 4) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Cinemedia Corporation Act 1997, No. 2/1997

Assent Date: 22.4.97
Commencement Date: S. 31 on 1.7.97: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Miscellaneous Acts (Omnibus No. 3) Act 1997, No. 45/1997

Assent Date: 11.6.97
Commencement Date: Pt 4 (ss 5–8) on 11.6.97: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Melbourne and Olympic Parks (Amendment) Act 1997, No. 56/1997

Assent Date: 21.10.97
Commencement Date: S. 12 on 1.11.97: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Urban Land Corporation Act 1997, No. 71/1997

Assent Date: 18.11.97
Commencement Date: S. 31 on 3.2.98: Special Gazette (No. 5) 3.2.98 p. 5
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Gas Industry (Further Amendment) Act 1997, No. 91/1997

Assent Date: 9.12.97
Commencement Date: S. 42 on 11.12.97: Special Gazette (No. 155) 9.12.97 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Audit (Amendment) Act 1997, No. 93/1997

Assent Date: 16.12.97
Commencement Date: S. 24 on 16.12.97: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Gas Safety Act 1997, No. 99/1997

Assent Date: 16.12.97
Commencement Date: S. 122 on 1.2.99: Government Gazette 21.1.99 p. 80
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Rail Corporations (Amendment) Act 1997, No. 104/1997

Assent Date: 16.12.97
Commencement Date: S. 40 on 11.6.98: Government Gazette 11.6.98 p. 1314
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Residential Tenancies Act 1997, No. 109/1997

Assent Date: 23.12.97
Commencement Date: S. 531 on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Electricity Safety Act 1998, No. 25/1998

Assent Date: 12.5.98
Commencement Date: S. 168 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998

Assent Date: 26.5.98
Commencement Date: S. 50 on 1.7.98: s. 2(4)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Superannuation Acts (Amendment) Act 1998, No. 84/1998

Assent Date: 17.11.98
Commencement Date: S. 31(2) on 1.1.99: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Rail Corporations (Further Amendment) Act 1998, No. 98/1998

Assent Date: 24.11.98
Commencement Date: S. 44 on 29.4.99: Government Gazette 29.4.99 p. 967
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Government Superannuation Act 1999, No. 8/1999

Assent Date: 11.5.99
Commencement Date: S. 49(2) on 1.7.99: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999

Assent Date: 8.6.99
Commencement Date: S. 46 on 1.7.00: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Audit (Amendment) Act 1999, No. 53/1999

Assent Date: 14.12.99
Commencement Date: S. 26(Sch. item 2) on 1.1.00: Government Gazette 23.12.99 p. 2764
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Melbourne Sports and Aquatic Centre (Amendment) Act 1999, No. 60/1999

Assent Date: 21.12.99
Commencement Date: S. 19 on 3.2.00: Government Gazette 3.2.00 p. 169
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999, No. 63/1999

Assent Date: 21.12.99
Commencement Date: S. 14 on 1.1.01: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Dairy Act 2000, No. 37/2000

Assent Date: 6.6.00
Commencement Date: S. 69 on 30.9.00: Government Gazette 28.9.00 p. 2375
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Water Industry (Amendment) Act 2000, No. 66/2000

Assent Date: 8.11.00
Commencement Date: S. 53 on 1.12.01: s. 2(4)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Melbourne City Link (Miscellaneous Amendments) Act 2000, No. 81/2000

Assent Date: 28.11.00
Commencement Date: S. 40 on 1.3.02: Special Gazette (No. 37) 26.2.02 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Victorian Curriculum and Assessment Authority Act 2000, No. 96/2000

Assent Date: 5.12.00
Commencement Date: S. 22 on 1.3.01: Government Gazette 1.3.01 p. 303
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Victorian Qualifications Authority Act 2000, No. 97/2000

Assent Date: 5.12.00
Commencement Date: S. 35 on 1.3.01: Government Gazette 1.3.01 p. 304
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date: 8.5.01
Commencement Date: S. 3(Sch. item 7) on 1.6.01: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Urban Land Corporation (Amendment) Act 2001, No. 29/2001

Assent Date: 12.6.01
Commencement Date: S. 9 on 1.7.01: Government Gazette 21.6.01 p. 1338
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Film Act 2001, No. 87/2001

Assent Date: 11.12.01
Commencement Date: S. 59 on 1.1.02: Government Gazette 13.12.01 p. 3063
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Port Services (Port of Melbourne Reform) Act 2003, No. 23/2003

Assent Date: 13.5.03
Commencement Date: S. 25 on 3.11.03: Government Gazette 30.10.03 p. 2744
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Southern and Eastern Integrated Transport Authority Act 2003, No. 25/2003

Assent Date: 13.5.03
Commencement Date: S. 26 on 1.7.03: Special Gazette (No. 118) 17.6.03 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Transport (Miscellaneous Amendments) Act 2003, No. 34/2003

Assent Date: 27.5.03
Commencement Date: S. 16(2) on 15.7.03: Special Gazette (No. 138) 15.7.03 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Victorian Urban Development Authority Act 2003, No. 59/2003

Assent Date: 16.6.03
Commencement Date: S. 116 on 1.8.03: Government Gazette 31.7.03 p. 2125
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Commonwealth Games Arrangements (Governance) Act 2003, No. 64/2003

Assent Date: 30.9.03
Commencement Date: S. 10 on 7.10.03: Special Gazette (No. 182) 7.10.03 p. 1
CurrentState: This information relates only to the provisions amending the Borrowing and Investment Powers Act 1987

Port Services (Port Management Reform) Act 2003, No. 85/2003

Assent Date: 11.11.03
Commencement Date: S. 31 on 1.4.04: Government Gazette 1.4.04 p. 714
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Primary Industries Legislation (Miscellaneous Amendments) Act 2004, No. 22/2004

Assent Date: 18.5.04
Commencement Date: S. 29 on 1.7.04: Government Gazette 24.6.04 p. 1742
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

World Swimming Championships Act 2004, No. 95/2004

Assent Date: 7.12.04
Commencement Date: S. 89 on 16.2.05: Government Gazette 10.2.05 p. 217
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Housing (Housing Agencies) Act 2004, No. 106/2004

Assent Date: 21.12.04
Commencement Date: S. 16 on 1.1.05: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Statute Law Revision Act 2005, No. 10/2005

Assent Date: 27.4.05
Commencement Date: S. 3(Sch. 1 item 3) on 28.4.05: s. 2
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Energy Safe Victoria Act 2005, No. 39/2005

Assent Date: 27.7.05
Commencement Date: S. 53 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005

Assent Date: 29.11.05
Commencement Date: S. 12(1) on 13.12.05: Special Gazette (No. 254) 13.12.05 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Transport Legislation General Amendments Act 2009, No. 26/2009

Assent Date: 17.6.09
Commencement Date: S. 13 on 31.7.09: Special Gazette (No. 259) 28.7.09 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date: 2.3.10
Commencement Date: Ss 202(3), 203(1)(Sch. 6 item 3), 204(1) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011

Assent Date: 5.7.11
Commencement Date: S. 16 on 25.10.11: Special Gazette (No. 342) 25.10.11 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011

Assent Date: 23.8.11
Commencement Date: S. 35 on 1.1.12: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date: 13.3.13
Commencement Date: S. 42(Sch. 2 item 4) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Borrowing and Investment Powers Amendment Act 2013, No. 40/2013

Assent Date: 28.6.13
Commencement Date: S. 3 on 28.6.13: s. 2
CurrentState: All of Act in operation

Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013

Assent Date: 17.12.13
Commencement Date: S. 29 on 17.12.13: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Kardinia Park Stadium Act 2016, No. 7/2016

Assent Date: 1.3.16
Commencement Date: S. 48 on 16.3.16: Special Gazette (No. 55) 15.3.16 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016

Assent Date: 22.3.16
Commencement Date: S. 179(Sch. 1 item 1) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Aboriginal Heritage Amendment Act 2016, No. 11/2016

Assent Date: 5.4.16
Commencement Date: S. 135 on 1.8.16: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Victorian Funds Management Corporation Amendment Act 2016, No. 56/2016

Assent Date: 18.10.16
Commencement Date: Ss 14, 15 on 1.1.17: Special Gazette (No. 346) 15.11.16 p. 1
Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Heritage Act 2017, No. 7/2017

Assent Date: 15.3.17
Commencement Date: S. 295 on 1.11.17: s. 2(2)
Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017

Assent Date: 27.3.17
Commencement Date: S. 30 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1
CurrentState: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date: 2.7.19
Commencement Date: S. 144 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date: 3.12.19
Commencement Date: S. 186(Sch. 4 item 4) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

North East Link Act 2020, No. 18/2020

Assent Date: 10.6.20
Commencement Date: S. 123 on 1.3.21: s. 2(2)
Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date: 19.10.21
Commencement Date: S. 219(Sch. 1 item 1) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022

Assent Date: 24.5.22
Commencement Date: S. 85 on 1.7.22: Government Gazette 23.6.22 p. 2737
Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

State Taxation and Treasury Legislation Amendment Act 2022, No. 23/2022

Assent Date: 15.6.22
Commencement Date: Ss 3–7 on 1.7.22: s. 2(2)
Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details


[1] Pt 2: Section 9 of the Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995 reads as follows:

9Transitional

(1)An approval of the Treasurer under section 6 or 8 of the Principal Act as in force immediately before the commencement of this subsection has effect, on and after that commencement, as an approval of the Treasurer under section 8 of the Principal Act as amended by this Part.

(2)An approval of the Treasurer under section 7 or 9 of the Principal Act as in force immediately before the commencement of this subsection has effect, on and after that commencement, as an approval of the Treasurer under section 9 of the Principal Act as amended by this Part.

(3)An approval of the Treasurer under section 11 of the Principal Act as in force immediately before the commencement of this subsection has effect, on and after that commencement, as an approval of the Treasurer under that section of the Principal Act as amended by this Part.

[2] Pt 2 Div. 4 (Heading and s. 18) (repealed): Section 25 of the Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993 reads as follows:

25Transitional provisions—declared Authorities

(1)If an Authority is declared under section 17A of the Principal Act to be a Water Authority to which Schedule 1 applies, Division 4 of Part 13 of the Water Act 1989 continues to apply to or in respect of—

(a)financial accommodation obtained by that Authority under that Division before the declaration; and

(b)financial accommodation obtained by that Authority under that Division after the declaration, pursuant to arrangements entered into before the declaration; and

(c)the investment of money by that Authority before the declaration—

as if the declaration had not been made.

(2)A guarantee by the Government of Victoria in force under section 255(3) of the Water Act 1989 immediately before an Authority is declared under section 17A of the Principal Act to be a Water Authority to which Schedule 1 applies has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.

[3] Sch. 1:

Sch. 1 amended by Nos 33/1988 s. 53, 81/1988 s. 40(1), 13/1989 s. 12, 20/1989 s. 42(4), 64/1991 s. 10(d), 110/1993 s. 22(2)(3), substituted by No. 99/1993 s. 8 (as amended by No. 4/1994 s. 3), amended by Nos 37/1994 s. 231, 41/1994 s. 40, 53/1994 s. 30, 61/1994 s. 41, 68/1994 s. 52, 85/1994 s. 5, 103/1994 s. 26, 110/1994 s. 34(b)(c), 112/1994 s. 113, 116/1994 s. 37, 117/1994 s. 36, 120/1994 s. 80, 121/1994 s. 212, 18/1995 s. 23(2), 31/1995 s. 52(Sch. 1 item 1.3), 82/1995 s. 194, 100/1995 s. 8(2)–(6), 106/1995 s. 50, 4/1996 s. 76, 11/1996 s. 36, 61/1996 s. 88, 71/1996 s. 34, 73/1996 s. 7, 79/1996 s. 57, 2/1997 s. 31, 45/1997 s. 8, 56/1997 s. 12, 71/1997 s. 31, 91/1997 s. 42, 93/1997 s. 24, 99/1997 s. 122, 104/1997 s. 40, 109/1997 s. 531, 25/1998 s. 168, 43/1998 s. 50, 84/1998 s. 31(2), 98/1998 s. 44, 8/1999 s. 49(2), 45/1999 s. 46, 53/1999 s. 26(Sch. item 2), 60/1999 s. 19, 63/1999 s. 14, 37/2000 s. 69, 66/2000 s. 53, 81/2000 s. 40, 96/2000 s. 22, 97/2000 s. 35, 29/2001 s. 9, 87/2001 s. 59, 23/2003 s. 25, 25/2003 s. 26, 34/2003 s. 16(2), 59/2003 s. 116, 64/2003 s. 10, 85/2003 s. 31, 22/2004 s. 29, 95/2004 s. 89, 106/2004 s. 16, 10/2005 s. 3(Sch. 1 item 3), 39/2005 s. 53, 95/2005 s. 12(1), 26/2009 s. 13, 6/2010 ss 202(3), 203(1)(Sch. 6 item 3) (as amended by No. 45/2010 s. 22), 204(1), 35/2011 s. 16, 38/2011 s. 35, 40/2013 s. 3(2), 7/2016 s. 48, 10/2016 s. 179(Sch. 1 item 1), 11/2016 s. 135, 56/2016 s. 15, 7/2017 s. 295, 10/2017 s. 30, 20/2019 s. 144, 49/2019 s. 186(Sch. 4 item 4), 18/2020 s. 123, 43/2021 s. 219(Sch. 1 item 1), 19/2022 s. 85, repealed by No. 23/2022 s. 7.

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