Pipeline Authority Act 1973

Legislation au C1973A00042 Not in force Act

Legislation content

Pipeline Authority Act 1973

Act No. 42 of 1973 as amended

[Note: This Act was repealed by Act No. 60 of 2006 on 22 June 2006]

This compilation was prepared on 30 July 2001
taking into account amendments up to Act No. 55 of 2001

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

 

 

 

Contents

Part I—Preliminary

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interpretation.................................

Part V—Finance

25A Borrowings otherwise than from Commonwealth............

25B Guarantee of borrowings by Authority..................

25C Authority may give security........................

25D Borrowings not otherwise permitted...................

25E Delegation by Treasurer..........................

26 Bank accounts................................

27 Application of moneys...........................

28 Financial policy...............................

28A Estimates...................................

30 Profits of the Authority...........................

30A Authority to pay dividends from subsidiaries to Commonwealth...

31 Proper accounts to be kept.........................

32 Audit......................................

33 Liability to taxation.............................

33A Liability of subsidiary to taxation.....................

Part VA—Re‑organisation of the Business of the Authority

Division 1—Interpretation

33C Interpretation.................................

Division 2—Steps leading to re‑organisation

33D Fixing the day on which re‑organisation is to take place—the re‑organisation day             

33E Nomination of subsidiary to which business is to be transferred—the receiving subsidiary             

33F Determination of assets, instruments and liabilities to be transferred etc.—the transferring assets, instruments and liabilities             

Division 3—The re‑organisation

33G Transferred business of Authority becomes business of receiving subsidiary             

33H Transferring assets and transferring liabilities of Authority become assets and liabilities of receiving subsidiary             

33J Instruments..................................

33K Pending proceedings............................

33L Valuation of transferring business.....................

33M Issue of shares in receiving subsidiary to Authority in relation to transferring business             

33N Authorised person may certify matters in relation to re‑organisation             

33P Extraterritorial operation of Division...................

33Q Authority to take steps necessary to carry out re‑organisation             

Division 4—Transfer of staff

33R Determination of staff to be transferred to receiving subsidiary...

33S Employment of nominated staff member to continue with receiving subsidiary             

33T Act not to affect certain matters relating to transferring staff members             

33U Variation of terms and conditions of employment...........

Division 5—Taxation matters

33V Exemptions relating to tax exempt matters................

33W Value of trading stock for income tax purposes.............

33X Capital gains tax—assets acquired on or after 20 September 1985..

33Y Capital gains tax—assets acquired before 20 September 1985....

33Z Superannuation payments.........................

Division 6—Miscellaneous

33ZA Certificates in relation to land and interests in land...........

33ZB Certificates in relation to other assets...................

33ZC Part to have effect in spite of laws and agreements prohibiting transfer etc.             

33ZD Compensation for acquisition of property................

Part

Overview

The Pipeline Authority Act 1973 was enacted by the Australian Parliament to establish a Pipeline Authority and address the need for a dedicated entity to oversee the construction and operation of the Moomba-Sydney pipeline system. The Act was repealed by the Pipeline Authority Amendment Act 2006, which was enacted to facilitate the sale of the Moomba-Sydney pipeline system. The primary policy objective of the Pipeline Authority Act 1973 was to ensure the efficient and effective management of the pipeline system, including its construction, operation, and maintenance, to facilitate the transportation of natural gas from Moomba in South Australia to Botany in New South Wales.

Scope and Application

The Pipeline Authority Act 1973 as amended, was repealed by Act No. 60 of 2006 on 22 June 2006. The Act applied to the Pipeline Authority, which was established by the Act before its repeal. The Act originally covered the establishment of the Pipeline Authority and its functions, including the construction, operation, and maintenance of pipelines. The Act also dealt with the financial aspects of the Authority, including borrowing and investment powers, and taxation matters. Additionally, the Act included provisions for the reorganisation of the Authority's business, including the transfer of business, assets, liabilities, and staff to a designated subsidiary. The Act's provisions were applicable nationally, as they pertained to a Commonwealth entity. The Act was subject to amendments by various legislative acts, which altered its provisions over time. Notably, the Act was repealed by the Moomba-Sydney Pipeline System Sale Act 1994, which likely marked the completion or transfer of the Authority's core functions and assets.

Key Provisions

  • The Pipeline Authority Act 1973 sets forth provisions for the operations of the Pipeline Authority, including its financial arrangements, the re-organisation of its business, and the transfer of its easements relating to the Moomba-Botany pipeline. Section 25A of the Act allows the Authority to borrow money or raise funds otherwise than from the Commonwealth, subject to the approval of the Treasurer. Section 25B permits the Treasurer to guarantee the repayment of borrowed funds or other specified liabilities. Section 25C authorises the Authority to provide security over its assets for such liabilities. Section 25D restricts the Authority from borrowing or raising funds except as permitted under sections 25 and 25A. The Authority is obligated to maintain proper accounts and records (Section 31) and to submit financial estimates to the Minister (Section 28A). Section 33 imposes civil liability on individuals who fail to provide information to the Auditor-General as required.
  • Part VA of the Act details the re-organisation of the Authority’s business. The Minister is tasked with nominating a subsidiary for the transfer of business (Section 33E), determining which assets, instruments, and liabilities are to be transferred (Section 33F), and fixing the re-organisation day (Section 33D). Section 33G specifies that the transferred business becomes the business of the receiving subsidiary, while Section 33H dictates that the transferring assets and liabilities become the assets and liabilities of the receiving subsidiary. Section 33N allows an authorised person to certify matters relating to the re-organisation. Under Part VB, Section 33ZE allows for the transfer of easements relating to the Moomba-Botany pipeline to Gorodok, with Section 33ZG specifying the transfer of interests on a designated transfer day. Section 33ZL ensures the enforceability of this Part despite other laws or agreements.
  • Any contravention of Section 32(6) of the Act, which requires the provision of information to the Auditor-General, is an offence punishable by a fine not exceeding $200. The Act also includes provisions to ensure its provisions take precedence over conflicting laws or agreements (Sections 33ZC and 33ZL).

Legal classification tags

Area of Law
Corporate Law & Governance
Commercial Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Delegation by Treasurer
Repeal & Amendment
Liability to taxation
Compliance Obligations
Transfer of staff
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.