Melbourne City Link (Further Miscellaneous Amendments) Act 2002 (Vic)
Melbourne City Link (Further Miscellaneous
Amendments) Act 2002
Act No. 13/2002
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Definition of Burnley site inserted 2 4. Alteration of name of Link corporation 3 5. Substitution of section 20 3 20. Restrictions on acquisition of units in Trust 3 6. Insertion of new section 20AA 3
20AA. Further revocation of existing reservations of land and
re-reservation of that land for the Project 3
7. Insertion of new section 20BA 4
20BA. Surrender and reservation of land for the purposes of the
Project 4
8. Planning controls and the Burnley office site 5 9. New power to lease land 5 10. Building Act to apply to Burnley office site 7 11. Repeal of references to "start-up period" 7 12. Extension of time within which temporary registration may be back-dated 7 13. Prescribed penalty 8 14. Burnley office site is to be rateable land 9 15. Further amendment to the Melbourne City Link Act 1995 9
__________________
SCHEDULE 10
═══════════════
ENDNOTES 15
i
Victoria
No. 13 of 2002
Melbourne City Link (Further
Miscellaneous Amendments) Act 2002†
[Assented to 30 April 2002]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Melbourne City Link Act 1995—
(a)
to make further provision in relation to land for the purposes of the Project;
(b)
to make further provision in relation to unit trusts;
(c)
to make further provision for the back-dating of temporary registration;
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
Act No. 13/2002 s. 2
(d) to make provision for the leasing of land by the Link corporation for purposes other than the purpose of the Project; (e) to make provision in relation to the application of laws to the development and use by the Link corporation of land at Burnley; (f) to make provision for a lower infringement penalty to apply for an offence for which a first infringement notice is issued under section 80 of the Act.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 December 2002, it comes into
operation on that day.
See:
3. Definition of Burnley site inserted Act No.
107/1995.
In section 3 of the Melbourne City Link Act Reprint No. 3 1995 insert— as at
1 July 1999' "Burnley office site" means all the land in and amending
Crown Allotment 1C of 39A, Parish of Jika Act Nos Jika, City of Richmond;'. 4/2000, 69/2000, 74/2000, 81/2000 (as amended by
No. 54/2001),
32/2001,54/2001,
78/2001 and92/2001.
LawToday:
dpc.vic.gov.au
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
| s. 4 | Act No. 13/2002 |
4. Alteration of name of Link corporation
In section 10(1) of the Melbourne City Link Act
1995, for "Transurban City Link Limited"substitute "CityLink Melbourne Limited".
5. Substitution of section 20
For section 20 of the Melbourne City Link Act
1995 substitute—
"20. Restrictions on acquisition of units in Trust
Schedule 2 applies in respect of units in the Trust constituted under the Unit Trust Deed entered into on 15 November 2001 by
Transurban Infrastructure Management
Limited ACN 098 147 678.".
6. Insertion of new section 20AA
After section 20A of the Melbourne City Link
Act 1995 insert—"20AA. Further revocation of existing reservations of land and re-reservation of that land for the Project
(1) On the coming into operation of section 6 of
Miscellaneous Amendments) Act 2002, the
Order in Council specified in item 1 ofthe Melbourne City Link (Further the land shown hatched on the plan
numbered LEGL./02−016 and lodged in the Central Plan Office. (2) On the coming into operation of section 6 of
Miscellaneous Amendments) Act 2002, the
Order in Council specified in item 2 ofthe Melbourne City Link (Further the land shown hatched on the plan
numbered LEGL./02−017 and lodged in the Central Plan Office.
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
Act No. 13/2002 s. 7 (3) Despite anything to the contrary in the
Crown Land (Reserves) Act 1978, on the revocation of the Orders in Council specified in items 1 and 2 of Schedule 9 in so far as they relate to the land shown on the plans referred to in sub-sections (1) and (2)—
(a) land of the Crown, freed and
discharged from all trusts, limitations,
reservations, restrictions,the land is deemed to be unalienated and
(b)
the appointment of any committee of management is revoked in so far as it applies to the land; and
(c)
any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(d)
the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project , and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act.".
7. Insertion of new section 20BA
After section 20B of the Melbourne City Link
Act 1995 insert—
"20BA. Surrender and reservation of land for the
purposes of the Project
(1) On the coming into operation of section 7 of
the Melbourne City Link (Further
Miscellaneous Amendments) Act 2002, the
land shown cross-hatched on the plans
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
| s. 8 | Act No. 13/2002 |
numbered LEGL./02−016 and
LEGL./02−017 and lodged in the Central
Plan Office is surrendered to the Crown.
(2) On the coming into operation of section 7 of
the Melbourne City Link (Further land shown on the plans referred to in sub- section (1)—
(a) Crown, freed and discharged from all
trusts, limitations, reservations,is deemed to be unalienated land of the interests; and
(b) under section 4(1) of the Crown Land
(Reserves) Act 1978 for public
purposes, being, in particular, the
purposes of the Project, and the
reservation may be amended, revokedis deemed to be temporarily reserved with that Act.".
8. Planning controls and the Burnley office site
In section 23 of the Melbourne City Link Act
1995 for "or the Customer service site" substitute
", the Customer service site or the Burnley officesite".
9. New power to lease land
(1) In section 60(1) of the Melbourne City Link Act
1995—
(a) after "in accordance with the terms of the Agreement" (where first occurring) insert "and on the recommendation of the Minister";
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
Act No. 13/2002 s. 9
(b)
in paragraph (a), for "any other related purposes" substitute "any other purposes (not inconsistent with those purposes)".
(2) In section 60 of the Melbourne City Link Act
1995, after sub-section (2) insert—
"(3) The Minister must not make a
recommendation under sub-section (1)
recommending the granting of a lease of land
that is wholly or partly for a purpose that is
not the purpose of managing a roadway and
ancillary works constructed on the land,
unless the Minister has first consulted with
the Minister administering Part IX of theLand Act 1958.".
(3) In section 60 of the Melbourne City Link Act
1995, after sub-section (8) insert—
"(9) The Minister must cause a copy of each lease under this section for an approved purpose to be laid before each House of Parliament
within 6 sitting days of the House next
following the making of the lease.
(10) If a sub-lease is entered into of land leased under this section for an approved purpose, the person giving the sub-lease must ensure that, immediately on the sub-lease being
entered into, a copy is given to the Minister. (11) The Minister must cause a copy of a sub-
lease given to him or her under sub-section next following the giving of the copy of the sub-lease to the Minister.
(10) to be laid before each House of the
(12) In sub-sections (9) and (10), "approved
purpose", in relation to a lease of land under
this section, means a purpose other than the
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
| s. 10 | Act No. 13/2002 |
purpose of managing any roadway and
ancillary works constructed on the land.".
10. Building Act to apply to Burnley office site
In section 64(4) of the Melbourne City Link Act
1995 for "and the Customer service site"
substitute ", the Customer service site and theBurnley office site".
11. Repeal of references to "start-up period"
(1) In section 69 of the Melbourne City Link Act
1995, the definition of "start-up period" is
repealed.(2) In section 118 of the Melbourne City Link Act 1995, sub-section (1A) is repealed.
12. Extension of time within which temporary registration may be back-dated
(1) In section 73C(2A) of the Melbourne City Link Act 1995, after "on a particular day" insert "for a period of 24 hours".
(2) In section 73C of the Melbourne City Link Act 1995, after sub-section (2A) insert—
"(2B) If registration is sought for a specified period (other than a period referred to in sub-section (2A)) and is sought—
(a) before the end of that specified period; or (b) not later than 5 days after the period—
(whichever is the earlier) the commencement
of the registration may be back-dated to the
commencement of the specified period.".
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
Act No. 13/2002 s. 13 13. Prescribed penalty
(1) In section 82 of the Melbourne City Link Act
1995, for sub-section (1) substitute—
"(1) The prescribed penalty for an offence for
which an infringement notice is issued under
section 80 is—
(a) in the case of the first infringement notice issued to a person, $40 or such other amount (not exceeding $100) as may be prescribed; and (b) in the case of any subsequent person, $100.".
(2) After section 82(2) of the Melbourne City Link Act 1995 insert—
"(3) In determining whether an infringement
notice issued to a person under section 80 first infringement notice for the purposes of sub-section (1)—
after the commencement of section 13(1) of
the Melbourne City Link (Further
(a) infringement notice issued to the person
under section 80 before thatsubject to paragraph (b), an account; and
(b)
an infringement notice issued to the person before, on or after that commencement is not to be taken into account if—
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
| s. 14 | Act No. 13/2002 |
(i) it is withdrawn under section 83; or
(ii) the person to whom it was issued is not guilty of the offence for which it was issued because of the operation of section 87(3).".
14. Burnley office site is to be rateable land
In section 96(4) of the Melbourne City Link Act
1995 for "and the Customer service site"
substitute ", the Customer service site and the
Burnley office site".15. Further amendment to the Melbourne City Link Act 1995
The Melbourne City Link Act 1995 is amended as set out in the Schedule.
__________________
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
Act No. 13/2002 Sch.
SCHEDULE
PART 1—SUBSTITUTION OF SCHEDULE 2 TO THE
MELBOURNE CITY LINK ACT 1995
For Schedule 2 to the Melbourne City Link Act 1995 substitute—
'SCHEDULE 2
UNIT TRUST
Unit Holding Restriction
1.1 Definitions
(a) In this Schedule, unless the contrary intention appears:
(1) "Acquire" has the meaning ascribed to it by
Divisions 1 and 7 of Part 1.2 of Chapter 1 of the
Corporations Law in its form as at 20 October 1995;
(2) "Associate" has the meaning ascribed to it by
Division 2 of Part 1.2 of Chapter 1 of the
Corporations Law in its form as at 20 October 1995;
(3) "Entitled" has the meaning ascribed to it by
section 609 of the Corporations Law in the form as at
20 October 1995;
(4) "Relevant interest" has the meaning ascribed to it by
Divisions 1 and 5 of Part 1.2 of Chapter 1 of the
Corporations Law in its form as at 20 October 1995,
in each case as if the relevant provisions of the Corporations
Law also applied to units in a unit trust;
(b) Despite anything in clause 1.1 of the Deed, "Substantial Holder" has the meaning ascribed to it in the Concession Deed between the State of Victoria, Transurban City Link Limited, Perpetual Trustee Company Limited and City Link Management Limited with effect from 20 October 1995 as amended up to and including the 15th Amending Deed.
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
| Sch. | Act No. 13/2002 |
1.2 Restrictions on Acquisition of Units
Except as provided by this Schedule, a person must not acquire, and is not eligible to acquire, Units in the Trust if:
(a) any person who does not have a relevant interest in any Units or who has a relevant interest in less than 20% of the Units on Issue would immediately after the acquisition, have a relevant interest in 20% or more of the Units on Issue; (b) any person who has a relevant interest in 20% or more of the Units on Issue would immediately after the acquisition, have a relevant interest in a greater percentage of Units on Issue than immediately before the acquisition; or
(c)
any person who is entitled to less than 20% of the voting shares in Transurban City Link Limited or less than 20% of the units on issue in the Transurban City Link Unit Trust would, immediately after the acquisition, be entitled to 20% or more of the voting shares in Transurban City Link Limited or 20% or more of the units on issue in the Transurban City Link Unit Trust.
1.3 Exceptions
The restrictions contained in clause 1 do not apply to or in relation to an acquisition of Units to which the State has given its written consent.
1.4 Registration and Divestiture
(a) No Unit may be issued or, in the case of a paper-based transfer, transferred if the issue or transfer would or might result in or have the effect of causing a contravention of clause 1.2. (b) Where a person has acquired Units in the Trust in such circumstances as might or would result in or have the effect of causing a contravention of clause 1.2 or where the Trustee is aware of a contravention of clause 1.2 or that a person has become or remains a holder of a relevant interest in 20% or more of the Units on Issue or has become or remains a Substantial Holder without the State's prior written consent ("unauthorised holding"), the Trustee must, by notice in writing to the State advise the State of that fact within 7 days of becoming so aware. If the Trustee chooses to apply, on behalf of the person having the unauthorised holding, to the State for the State's consent to the person becoming and/or remaining a holder of a relevant interest in 20% or more of the Units on Issue or a Substantial Holder it must do so in the same 7 day period.
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
Act No. 13/2002 Sch. If the State requires the Trustee to do so (irrespective of whether consent has been sought from the State), the Trustee must, as soon as practicable but no later than 7 days after advice from the State, by notice in writing to the person having an unauthorised holding, require that person to dispose of the Units held by it or any part thereof as soon as practicable but no later than 1 month after the end 7 days after receipt of the advice from the State or such longer period agreed between the Trustee and the State, in order to cease such contravention or unauthorised holding, provided that in the absence of any such requirement by the Trustee, the person concerned is not entitled in any way to set aside or cancel the transaction whereby the person acquired the Units, not to claim any refund or to otherwise recover any money paid in respect thereof.
In so acting, the Trustee must consult with the directors of the Companies and, while the Units are quoted on the Official List, the Trustee must consult with the ASX, and shall have regard to, without being bound by, the recommendations of those persons.
(c)
If the requirements of any notice to dispose of the Units are not complied with by the person to whom the notice is addressed within the time specified in the notice, the Trustee must cause the Units to be sold on the ASX (or, if they are not Officially Quoted, in such manner as the Trustee may determine) as soon as practicable but no later than 3 months after the end of the 1 month period referred to in paragraph (b) above or such longer period agreed between the Trustee and the State.
(d)
If the Units sold in accordance with clause 1.4(c) are registered on a branch register, the Trustee may cause such Units to be transmitted to the Register.
(e) The Trustee may:
(1) appoint a person to execute as transferor a transfer in
respect of any Units sold in accordance with the
provisions of clause 1.4(c) and to receive and give a
good discharge of the purchase money; and(2) register the transfer notwithstanding that proof of title
of such Units may not have been delivered to the
Trustee.
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
| Sch. | Act No. 13/2002 |
(f) The purchase money less the expenses of any sale made in accordance with the provisions of clause 1.4(c) must be paid to the Unit holder whose Units were sold provided such Unit holder has delivered to the Trustee such proof of title of the Units as the Trustee accepts. (g) Nothing in clause 1.4 renders the Trustee liable or responsible by reason of any person acquiring Units in the Trust in contravention of clause 1.2 or failing to comply with the obligations imposed by clause 1.2. (h) The Trustee, before or at any time after issuing any Units or, of Units or at any other time and from time to time, may, by notice in writing to the applicant or issuee or Unit Holder, require such person (or, where such person is a corporation, a competent officer thereof) to furnish to the Trustee such information or evidence (on oath or otherwise verified by law, if the Trustee should so require) as the Trustee may consider likely to be of assistance in determining whether or not such person is eligible to become or to remain a Unit Holder.
1.5 Employees and agents
In this Schedule, a person is, unless the contrary is proved, presumed to have been aware at a particular time of a fact or occurrence of which an employee or agent of the person having duties or acting on behalf of the employer or principal in connection with a matter to which the fact or occurrence relates was aware at the time.'.
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
Act No. 13/2002 Sch.
PART 2—INSERTION OF NEW SCHEDULE 9 IN THE
MELBOURNE CITY LINK ACT 1995
After Schedule 8 to the Melbourne City Link Act 1995 insert—
"SCHEDULE 9
FURTHER REVOCATION OF RESERVATION
Item 1
Situation and area of land
Alexandra Park, Parish of South Melbourne, City of Melbourne,
County of Bourke, 4⋅6 acres Instrument and date of reservation Order in Council dated 5 August
1913Description of land by reference to Government Gazette dated the Government Gazette 13 August 1913, page 3532 Purpose of reservation Public park for the recreation and
amusement of His Majesty's subjects
and peopleExtent of revocation Land shown hatched on the plan numbered LEGL./02−016 and lodged in the Central Plan Office Item 2 Situation and area of land City of Melbourne, Parish of
Melbourne, County of Bourke,
7 acres more or lessInstrument and date of reservation Order in Council dated 22 April 1936 Description of land by reference to Government Gazette dated 29 April the Government Gazette 1936, page 1052 Purpose of reservation Public purposes Extent of revocation Land shown hatched on the plan numbered LEGL./02−017 and lodged in the Central Plan Office
.".
═══════════════
Melbourne City Link (Further Miscellaneous Amendments) Act
2002
| Endnotes | Act No. 13/2002 |
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 28 March 2002
Legislative Council: 19 April 2002
The long title for the Bill for this Act was "to amend the Melbourne City
Link Act 1995 and for other purposes."
0
0
0