Gas Industry (Residual Provisions) (Amendment) Act 2004 (Vic)

Gas Industry (Residual Provisions) (Amendment) Act 2004

Act No. 2/2004

table of provisions

Section  Page

1.Purpose

2.Commencement

3.Definitions

4.Repeal of Division 2 of Part 2

5.Repeal of certain provisions of Division 3 of Part 2

6.Repeal of Division 4 of Part 2

7.Transitional provisions regarding transfers of property from gas corporations or gas companies

8.General provisions relating to the Gas and Fuel Superannuation Fund

9.Directions to public gas companies

10.Repeal of provision dealing with service of documents on statutory gas company

11.Transitional evidentiary provision inserted

12.Proceedings for offences

13.Transitional provisions regarding transfers of property from nominated public gas companies

14.Repeal of Schedule 1 dealing with provisions applying to gas companies

═══════════════

Endnotes

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.

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(b)the definition of "director" is repealed.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Division 2 of Part 2 of the Gas Industry (Residual Provisions) Act 1994 is repealed.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Sections 17, 17A, 17B, 17C, 17D, 17E, 17F, 17G, 17H, 17I and 18 of the Gas Industry (Residual Provisions) Act 1994 are repealed.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Division 4 of Part 2 of the Gas Industry (Residual Provisions) Act 1994 is repealed.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;'.

(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 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 CommissionAct 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.

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 GasIndustry (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—

(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.

(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 StateElectricity 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.

═══════════════

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."