Metro Tasmania Act 1997 (TAS)

Metro Tasmania Act 1997

An Act to establish Metro Tasmania to provide for passenger transport services and for related purposes

[Royal Assent 14 January 1998]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Metro Tasmania Act 1997. 2CommencementThis Act commences on a day to be proclaimed. 3InterpretationIn this Act – Board means the board of directors of the Company referred to in section 9; Company means the company referred to in section 4; liability includes any liability, duty and obligation, whether actual, contingent or prospective; member of the Company means a member referred to in section 7; principal objective means the objective of the Company specified in section 5; property means – (a) any legal or equitable estate or interest, whether present or future and whether vested or contingent, in real or personal property; and (b) money, documents and securities; and (c) any other rights; right includes any right, power, privilege and immunity, whether actual, contingent or prospective. PART 2Metro Tasmania4Formation of Company [Section 4 Amended by No. 9 of 2018, s. 5, Applied:10 Sep 2018] The Minister may form, or participate in the formation of, a company limited by shares that is to be incorporated under the Corporations Law to perform functions relating to the operation of one or more public transport systems. 5Principal objective of Company [Section 5 Amended by No. 9 of 2018, s. 6, Applied:10 Sep 2018] The principal objective of the Company is to provide passenger transport services in Tasmania, whether those services are by road, rail, ferry or otherwise, and to operate those services in a manner consistent with sound commercial practice. 6Memorandum and articles of Company (1) The memorandum of association of the Company on its incorporation is to include the principal objective of the Company. (2) The provisions of the memorandum and articles of association of the Company on its incorporation are to be consistent with this Act. 7Members of CompanyThe members of the Company on its incorporation are the Minister and the Treasurer. 8Shares (1) The consideration for shares issued to the members of the Company on its incorporation is to be the property and rights vested in the Company under the Metro Tasmania (Transitional and Consequential Provisions) Act 1997. (2) Shares issued to the members of the Company are held by the members in trust for the Crown. 9Directors of CompanyThe Company is to have a board of directors who must have the experience and skills necessary to enable the Company to achieve its objectives. 10Status of Company (1) Unless this or any other Act expressly provides otherwise, the Company – (a) is not, and does not represent, the Crown in right of Tasmania; and (b) is not exempt from any rate, tax, duty or other impost imposed under any law merely because the Crown in right of Tasmania has beneficial ownership of shares in it; and (c) is not subject to any prerogative right or privilege of the Crown in right of Tasmania. (2)  [Section 10 Subsection (2) substituted by No. 22 of 2023, s. 25, Applied:01 Jul 2023] The Crown in right of Tasmania is not liable for any liability or obligation of the Company unless – (a) the Treasurer gives a guarantee or indemnity under section 13 in relation to that liability or obligation; or (b) a guarantee is given under the Tasmanian Public Finance Corporation Act 1985 in respect of the Company. 10AMembers' statement of expectations [Section 10A Inserted by No. 9 of 2018, s. 7, Applied:10 Sep 2018] (1) The members are to provide the Board with a statement of expectations. (2)  The statement of expectations is to specify – (a) the expectations of the members in relation to the strategic priorities of the Company; and (b) the policy expectations of the members for the performance of the Company and its subsidiaries. (3) The members, at any time, may at their own discretion or on the application of the Board – (a) amend the statement of expectations; or (b) revoke the statement of expectations and substitute another statement of expectations. (4) Before or while preparing a statement of expectations or an amendment to a statement of expectations, the members are to consult with the Board. (5)  A statement of expectations and an amendment to a statement of expectations are to be in writing and signed by each member. (6) A statement of expectations, or an amendment to a statement of expectations, takes effect on a day specified in it, being a day not earlier than the day on which the statement or amendment is provided to the Company. (7)  The Minister must cause a copy of the statement of expectations, or of an amendment to a statement of expectations, to be laid before each House of Parliament within 10 sitting-days after the statement or amendment has been signed as required by subsection (5). PART 3Financial Provisions11Accounts and report of Company (1) The Board is to provide the Minister with copies of the following: (a) the memorandum and articles of association of the Company and any amendments to the memorandum or articles; (b) [Section 11 Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] any financial statement, directors’ report or auditor’s report and the annual return for the Company as required by the Corporations Act. (2)  The Minister must cause to be laid before each House of Parliament the copies referred to in subsection (1) within 7 sitting days after receiving them. 12Loan from Treasurer (1) The Treasurer may lend to the Company, out of money provided by Parliament for the purpose, any money the Treasurer considers appropriate. (2)  A loan is subject to any conditions the Treasurer determines. (3)  An amount lent under subsection (1) and any interest or other charge payable in respect of the loan is a debt repayable by the Company to the Crown. 13Guarantee or indemnity (1) On the written request of the Company, the Treasurer, in writing, may guarantee or give an indemnity relating to – (a) [Section 13 Subsection (1) amended by No. 22 of 2023, s. 26, Applied:01 Jul 2023] .  .  .  .  .  .  .  .   (b) the performance of an obligation undertaken by the Company, or which the Company has agreed to undertake, whether that obligation is monetary or otherwise. (2)  A guarantee or an indemnity – (a) [Section 13 Subsection (2) amended by No. 22 of 2023, s. 26, Applied:01 Jul 2023] .  .  .  .  .  .  .  .   (b) is subject to any conditions the Treasurer determines and specifies in the guarantee or indemnity. (3)  The Treasurer must make any required payment out of money provided by Parliament for the purpose. (4)  [Section 13 Subsection (4) amended by No. 22 of 2023, s. 26, Applied:01 Jul 2023] This section has effect regardless of where the obligation was undertaken or agreed to be undertaken or where it is required to be performed. 14Guarantee fees [Section 14 Substituted by No. 1 of 2009, Sched. 1, Applied:27 Apr 2009] Division 1 of Part 11 of the Government Business Enterprises Act 1995 applies in respect of the Company as if the Company were a Government Business Enterprise specified in Schedule 3 to that Act. 15Tax equivalentsThe provisions of Part 10 of the Government Business Enterprises Act 1995 apply in respect of the Company as if the Company were a Government Business Enterprise specified in Schedule 2 to that Act. 1617Effect of Financial Agreement Act 1994If, under section 5(1) of the Financial Agreement Act 1994, the Treasurer requires the Company to do or refrain from doing anything for the purpose of implementing the Agreement, within the meaning of that Act, the Company must comply with that requirement. 18Superannuation [Section 18 Amended by No. 54 of 2016, s. 74, Applied:31 Mar 2017] The Company must comply with any instruction in relation to superannuation given to it by the Minister administering the Public Sector Superannuation Reform Act 2016. PART 3A.. .. .. .18A18B18C18D18E18F18G18H18I18J18KPART 4Miscellaneous and Supplemental19Limitation on sale, &c., of assets (1) The Company may not sell or otherwise dispose of the whole or a substantial part of its assets unless the sale or disposal is approved by each House of Parliament. (2)  For the purposes of subsection (1), a sale or disposal is approved by a House of Parliament – (a) when the House passes a motion approving the sale or disposal; or (b) at the end of 5 sitting days after notice of the sale or disposal was laid before the House if no notice of a motion to disapprove the sale or disposal is before the House; or (c) if any such notice is before the House at the end of that period, when the first of the following occurs: (i) the notice is withdrawn; (ii) the motion is negatived; (iii) a further period of 5 sitting days ends. 19ALimitations on members of Company [Section 19A Inserted by No. 6 of 2001, s. 4, Applied:12 Apr 2001] (1) A member of the Company must not sell or otherwise dispose of the shares held by that member. (2) A member of the Company must not vote at a meeting of the shareholders of the Company to allow the Company to – (a) offer shares in the Company for subscription; or (b) invite persons to subscribe for shares in the Company; or (c) allot or issue shares in the Company on a basis other than to existing shareholders pro rata to their existing shareholding. 19BTreasurer’s Instructions [Section 19B Inserted by No. 9 of 2018, s. 10, Applied:10 Sep 2018] (1)  In this section – Treasurer’s Instruction means a Treasurer’s Instruction issued under section 114 of the Government Business Enterprises Act 1995. (2) A Treasurer’s Instruction applies to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1, 2 and 3 of the Government Business Enterprises Act 1995. (3) The Treasurer may issue Treasurer’s Instructions specifically in relation to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1, 2 and 3 of the Government Business Enterprises Act 1995. (4) The Company and each subsidiary of the Company are to comply with all relevant Treasurer’s Instructions. (5) The Treasurer may exempt the Company or a subsidiary of the Company, or both, from the obligation to comply with all or part of a Treasurer’s Instruction. 19CApplication of Corporations Act [Section 19C Inserted by No. 9 of 2018, s. 10, Applied:10 Sep 2018] To the extent that a provision of this Act is incapable of concurrent operation with the Corporations Act, that provision is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act. 20Land Acquisition Act 1993 does not applyThe Company is not a public authority for the purposes of the Land Acquisition Act 1993. 21Arrangements with Minister (1) The Minister may enter into an agreement with the Company consistent with its principal objective under which it agrees to perform, or to cease to perform, functions. (2) The terms of the agreement may provide for reimbursement to the Company out of money provided by Parliament for the purpose. 22Transitional and savings provisions consequent on Metro Tasmania Amendment Act 2018 [Section 22 Substituted by No. 9 of 2018, s. 11, Applied:10 Sep 2018] (1)  In this section – amended order means the Metro Tasmania Fares Order 2016 as amended by the Metro Tasmania Amendment Act 2018; commencement day means the day on which the Metro Tasmania Amendment Act 2018 commenced. (2)  Despite the repeal, by the Metro Tasmania Amendment Act 2018, of Part 3A of this Act as in force immediately before the commencement day, the amended order remains in force until revoked by the Minister by order. (3)  An order under subsection (2) is a statutory rule within the meaning of the Rules Publication Act 1953.