Territory Insurance Office Act (NT)

NORTHERN TERRITORY OF AUSTRALIA

TERRITORY INSURANCE OFFICE ACT

As in force at 18 November 2010

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Commencement3 — Definitions3A — Meaning of 3B — Application of Part IIAA of Criminal CodePart 2 — Territory Insurance Office4 — Establishment of Office5 — Functions of Office6 — Powers of Office7 — Ministerial direction8 — Sound insurance principles to be followed8A — Statements of corporate intent – timetable and procedure8B — Statements of corporate intent – contents8C — Statements of corporate intent – reportsPart 3 — Board of Territory Insurance Office9 — Board of directors10 — Composition of Board11 — Period of appointment12 — Chairperson13 — Fees and expenses14 — Resignation of member15 — Termination of member's appointment16 — Acting appointments17 — Disclosure of interest17A — General duty to make disclosure17B — Register of members' interests17C — Loans to members18 — Meetings of Board19 — Chief Executive Officer20 — Acting Chief Executive Officer21 — Delegation by BoardPart 4 — Financial matters22 — Moneys of Office22A — Moneys are property of Territory22B — Motor Accidents (Compensation) Fund22C — Application of Fund22D — Fund not trust fund22E — Conflict of interests policy statement23 — Application of moneys25 — Financial records25A — Reimbursement of MAC expenses26 — Payment of surplus amount in Fund to Territory26A — Payment of other surplus amounts to Territory27 — Audit and annual report28 — Office to pay taxes28A — Application of Corporations Act 2001Part 5 — Miscellaneous matters29 — Internal insurance30 — Guarantee by Territory30A — Fee for guarantee31 — Office may act as agent32 — Terms of contract and execution of documents33 — Provision of information and records to Minister33A — Treasurer's Determinations33B — Prudential supervision fee34 — RegulationsPart 6 — Repeals and Transitional matters for Territory Insurance Office Amendment Act 200535 — Repeal of Regulations36 — Application – fees for guarantee and prudential supervisionPart 7 — Transitional matters for Territory Insurance Office Amendment Act 200637 — Application of amendments38 — Period for preparation of documentsENDNOTES northern territory of australia

northern territory of australia

This reprint shows the Act as in force at 18 November 2010.  Any amendments that commence after that date are not included.

Territory Insurance Office act

An Act to establish the Territory Insurance Office to carry out certain insurance business and other related activities in the Territory, and provide financial business and other services, and for other purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Territory Insurance Office Act.

2Commencement

This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

3Definitions

In this Act:

associate, see section 3A.

Board, see section 9(1).

Chairperson means the Chairperson of the Board.

Chief Executive Officer means the person holding or acting in the office of Chief Executive Officer referred to in section 19.

commercial business means the part of the Office’s business that is not the MAC business.

Deputy Chairperson means the Deputy Chairperson of the Board.

Determinations means the Determinations made under section 33A.

financial service means:

• (a)

  the acceptance of deposits and the making of loans and investments; and

• (b)

  any matter relating to a service mentioned in paragraph (a).

Fund means the Motor Accidents (Compensation) Fund established by section 22B.

insurance includes assurance, additional insurance, counter insurance, treaty and internal insurance, and re-insurance, guarantee and surety, but does not include life insurance other than insurance in respect of death in or as a result of an accident involving a motor vehicle or life insurance on an agency basis.

MAC business means the part of the Office’s business that relates to the administration of the MAC scheme.

MAC scheme means the scheme of compensation established by the Motor Accidents (Compensation) Act.

member means a member of the Board and includes the Chief Executive Officer on and from his or her appointment to the Board.

Office means the Territory Insurance Office established by this Act.

statement of corporate intent, for a financial year, means a statement of corporate intent prepared for that year that is in force under section 8A.

3AMeaning of

• (1)

  A person is an associate of another person if:

  • (a)

    one is a spouse, de facto partner, parent, brother, sister or child of the other; or

  • (b)

    they are partners in a partnership; or

  • (c)

    they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or

  • (d)

    one is a body corporate and the other is a director or member of the governing body of the body corporate; or

  • (e)

    one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or

  • (f)

    they are related bodies corporate within the meaning of the Corporations Act 2001; or

  • (g)

    a chain of relationships can be traced between them under any one or more of the above paragraphs.

• (2)

  For subsection (1), a beneficiaryof a trust includes an object of a discretionary trust.

3BApplication of Part IIAA of Criminal Code

Part IIAA of the Criminal Code applies to an offence against this Act.

Note for section 3B

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Part 2Territory Insurance Office 4Establishment of Office

• (1)

  There is established a Territory Insurance Office.

• (2)

  The Office:

  • (a)

    is a body corporate with perpetual succession; and

  • (b)

    has a common seal; and

  • (c)

    is capable, in its corporate name, of:

    • (i)

      acquiring, holding and disposing of real and personal property; and

    • (ii)

      suing and being sued.

• (3)

  All courts, judges and persons acting judicially must:

  • (a)

    take judicial notice of the seal of the Office affixed to a document; and

  • (b)

    presume it was properly affixed.

  5Functions of Office

  The functions of the Office are:

  • (a)

    to act as an insurer in respect of the assets and prospective liabilities of the Territory and statutory corporations; and

  • (b)

    to transact workers compensation insurance in respect of persons required by the Workers Rehabilitation and Compensation Act, or any Act replacing that Act, to insure; and

  • (c)

    to administer a motor accident compensation scheme in accordance with an Act or an agreement between the Office and the person or body responsible for the scheme; and

  • (d)

    to carry out such functions in relation to the management and control of moneys and other assets of the Territory and statutory corporations, and on such terms and conditions, as the Minister in writing directs; and

  • (da)

    to provide such financial services as are approved by the Minister; and

  • (e)

    to transact such general business of insurance as the Minister directs; and

  • (f)

    to promote and participate in the promotion of road and industrial safety; and

  • (g)

    such other functions as are, from time to time, imposed upon it by or under any other Act.

  6Powers of Office
• (1)

  Subject to this Act, the Office has, for or in connection with the performance of its functions, all the powers of an individual.

• (2)

  Without limiting the generality of subsection (1), the Office may, for the purpose of carrying out its functions or exercising its powers, including the powers conferred on it elsewhere in this or any other Act:

  • (a)

    establish branches in any part of the Territory; and

  • (b)

    appoint persons in or outside the Territory as its agents; and

  • (c)

    act as insurance brokers; and

  • (d)

    enter into contracts, including, for example, contracts to engage consultants to advise it on the operation of its business; and

  • (f)

    acquire an interest in any body corporate carrying on insurance business, or providing financial services, in the Territory; and

  • (g)

    improve any real or personal property owned by or under the control of the Office; and

  • (h)

    take action to encourage the rehabilitation of disabled persons, including conducting or participating in the management or control of rehabilitation facilities, and the making of arrangements for the provision of rehabilitation services, in the Territory; and

  • (j)

    undertake, either alone or in conjunction with other persons or organizations, safety campaigns, safety exhibitions and safety courses, publish and disseminate safety literature and information and carry out research into the causes, incidence, cost and methods of prevention of accidents, personal injuries and occupational diseases; and

  • (k)

    receive grants of money from the Territory; and

  • (m)

    borrow money from such sources, (including the Territory or an authority of the Territory) and upon such terms and conditions, as are approved by the Minister; and

  • (ma)

    accept deposits, make loans and investments, pay and charge interest and impose fees and other charges approved by the Board; and

  • (n)

    invest its moneys; and

  • (o)

    establish reserves for the carrying out of its functions and meeting its liabilities; and

  • (p)

    subject to any Act, fix premium and contribution rates in respect of any business of insurance or compensation scheme carried on or administered by it.

  7Ministerial direction
• (1)

  In exercising its powers and performing its functions, the Office is subject to the direction of the Minister.

• (2)

  However, the Minister may give a direction to the Office only if:

  • (a)

    satisfied compliance with the direction is in the public interest; and

  • (b)

    the Minister has consulted the Board about the direction.

• (3)

  The Minister must table a copy of the direction in the Legislative Assembly within 6 sitting days after giving it.

• (4)

  The Office’s annual report for a financial year must include details about each direction given in the year.

8Sound insurance principles to be followed

Subject to section 7 and to the requirements of any other Act, in the carrying out of the business of insurance the Office shall follow sound insurance principles.

8AStatements of corporate intent – timetable and procedure

• (1)

  The Board must, for each financial year, prepare:

  • (a)

    a written statement of corporate intent for the commercial business; and

  • (b)

    a written statement of corporate intent for the MAC business.

• (2)

  In preparing the statements, the Board must:

  • (a)

    consult with the Minister; and

  • (b)

    make changes to the statements as agreed between the Minister and the Board.

• (3)

  The Board must give the statements to the Minister:

  • (a)

    not later than one month before the beginning of that year; or

  • (b)

    by another date agreed between the Minister and the Board.

• (4)

  The Board may, with the Minister’s agreement, change a statement at any time.

• (5)

  The Minister may, by written notice, direct the Board to change a statement as specified in the direction.

• (6)

  The Office must comply with the direction.

• (7)

  The Board must give a copy of each changed statement to the Minister as soon as practicable after making the changes.

• (8)

  The Minister must table in the Legislative Assembly a copy of any of the following within 6 sitting days after receiving it:

  • (a)

    a statement given to the Minister under subsection (3);

  • (b)

    a changed statement given to the Minister under subsection (7).

• (9)

  The Minister must table in the Legislative Assembly a copy of each direction given under subsection (5) within 6 sitting days after giving it.

• (10)

  Before tabling a document under subsection (8) or (9), the Minister:

  • (a)

    must ask the Board to consider whether it contains any commercially sensitive information; and

  • (b)

    may delete from it any such information (whether as a result of the Board’s advice or not); and

  • (c)

    may allow the document (whether including the deleted information or not) to be made available to a specified person or body.

  8BStatements of corporate intent – contents
• (1)

  A statement of corporate intent prepared under section 8A(1)(a) for a financial year must, for that year and each of the 2 following financial years, specify the following information:

  • (a)

    the Office’s objectives for the commercial business;

  • (b)

    the nature and scope of the commercial business;

  • (c)

    the material risks faced by the Office for the commercial business;

  • (d)

    the strategies for minimising the risks;

  • (e)

    the strategies for improving the Office’s financial performance for the commercial business;

  • (f)

    the financial targets (including capital targets) and other measures for judging the Office’s performance for the commercial business;

  • (g)

    the accounting policies to be applied in the Office’s accounts for the commercial business;

  • (h)

    any other matters that the Minister and the Board wish to include in the statement for the commercial business.

• (2)

  A statement of corporate intent prepared under section 8A(1)(b) for a financial year must, for that year and each of the 2 following financial years, specify the following information:

  • (a)

    the Office’s objectives for the MAC business;

  • (b)

    the nature and scope of the MAC business;

  • (c)

    the material risks faced by the Office for the MAC business;

  • (d)

    the strategies for achieving the Office’s objectives for the MAC business;

  • (e)

    the strategies for minimising the risks mentioned in paragraph (c);

  • (f)

    the financial targets (including solvency targets) and other measures for judging the Office’s performance for the MAC business;

  • (g)

    the accounting policies to be applied in the Office’s accounts for the MAC business;

  • (h)

    any other matters that the Minister and the Board wish to include in the statement for the MAC business.

  8CStatements of corporate intent – report
• (1)

  The Office must, within 3 months after the end of each financial year or by a later time approved by the Minister, give the Minister a report for each statement of corporate intent for that year.

• (2)

  The report must:

  • (a)

    specify the Office’s performance by reference to the statement; and

  • (b)

    identify any significant departures from the statement; and

  • (c)

    specify the reasons for the departures.

• (3)

  The Minister must table in the Legislative Assembly a copy of the report within 6 sitting days after receiving it.

• (4)

  Before tabling a copy of the report, the Minister:

  • (a)

    must ask the Board to consider whether it contains any commercially sensitive information; and

  • (b)

    may delete from it any such information (whether as a result of the Board’s advice or not).

  Part 3Board of Territory Insurance Office    

9Board of directors

• (1)

  There is to be a board of directors of the Office (the Board).

• (2)

  The Board is responsible for the Office’s commercial and MAC business activities.

• (3)

  All acts and things done in the name of or for the Office by or with the authority of the Board are taken to have been done by the Office.

10Composition of Board

• (1)

  The Board consists of at least 3 members appointed by the Minister.

• (2)

  The Chief Executive Officer may be appointed as a member of the Board.

• (3)

  The exercise of a power or performance of a function by the Board is not affected merely because of:

  • (a)

    a vacancy in the office of a member; or

  • (b)

    a member’s absence from a Board meeting.

  11Period of appointment
• (1)

  A member, other than the Chief Executive Officer, holds office for:

  • (a)

    3 years from the date of appointment; or

  • (b)

    if a shorter period is stated in the member’s instrument of appointment – that period.

• (2)

  A member is eligible for reappointment.

12Chairperson

• (1)

  The Minister shall appoint a person, other than the Chief Executive Officer, who is, or is to be, a member to be the Chairperson and another such person, other than the Chief Executive Officer, to be the Deputy Chairperson of the Board.

• (1A)

  The Minister may at any time terminate the appointment of the Chairperson.

• (2)

  Subject to subsection (3), the Chairperson or, in his or her absence, the Deputy Chairperson shall preside at all meetings of the Board.

• (3)

  In the absence of the Chairperson and Deputy Chairperson the members present at a meeting shall elect a member to act as Chairperson, and that person may exercise the powers and perform the duties of the Chairperson for that meeting.

13Fees and expenses

• (1)

  A member, other than the Chief Executive Officer, is to be paid, in respect of his or her services as a member, such fees, allowances and expenses, and at such rates, as are determined by the Minister.

• (2)

  The fees, allowances and expenses referred to in subsection (1) shall be paid out of the moneys of the Office.

14Resignation of member

A member, other than the Chief Executive Officer, may resign office by signed notice given to the Minister.

15Termination of member's appointment

• (1)

  The Minister may terminate the appointment of a member on the grounds of inability, inefficiency, misbehaviour or physical or mental incapacity.

• (2)

  In addition, the Minister must terminate the appointment of a member if the member is absent, except on leave granted by the Board, from 3 consecutive meetings of the Board.

• (3)

  The termination of a member’s appointment under subsection (1) or (2) must be in writing given to the member.

• (4)

  A member’s appointment terminates if the member:

  • (a)

    becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of the member’s remuneration for their benefit; or

  • (b)

    is convicted:

    • (i)

      in the Territory of an offence that is punishable by imprisonment for 12 months or more; or

    • (ii)

      is convicted elsewhere than in the Territory of an offence that, if committed in the Territory, would be an offence punishable by imprisonment for 12 months or more; or

  • (c)

    is disqualified under Part 2D.6 of the Corporations Act 2001 from managing a corporation.

• (5)

  This section does not limit section 12(1A).

• (6)

  In this section:

  member does not include the Chief Executive Officer.

16Acting appointments

• (1)

  If a member, other than the Chief Executive Officer, is or is expected to be absent from duty or from the Territory, the Minister may appoint a person to act as a member during the absence.

• (2)

  The validity of a decision of the Board shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under subsection (1) had not arisen or that an appointment under that subsection had ceased to have effect.

17Disclosure of interest

• (1)

  If a member has a direct or indirect interest in a matter being considered, or about to be considered, by the Board, the member must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the member’s knowledge.

  Fault element: The member intentionally fails to make the disclosure.

  Maximum penalty:          50 penalty units or imprisonment for 6 months.

• (2)

  However, subsection (1) does not apply to the obtaining, negotiating or renewing of a director’s and officer’s insurance policy.

• (3)

  The disclosure must be recorded in the Board’s minutes.

• (4)

  A member who has disclosed an interest under subsection (1):

  • (a)

    must not, while the member has the interest, take part after the disclosure in any deliberation or decision of the Board in relation to the matter in which the member has the interest; and

  • (b)

    is to be disregarded for the purpose of constituting a quorum of the Board in relation to the deliberation or decision of the Board in relation to the matter in which the member has the interest.

• (5)

  Subsection (4) does not apply to a member if the Board resolves that the subsection does not apply to the member.

• (6)

  A member who has disclosed an interest under subsection (1) may withdraw from the meeting during a period of deliberation or decision of the Board in relation to the matter in which the member has the interest, even if the Board has made a resolution under subsection (5) in relation to the matter.

17AGeneral duty to make disclosure

• (1)

  A member shall, within the time specified in subsection (2), give written notice to the Board:

  • (a)

    of such particulars relating to:

    • (i)

      deposit accounts (including term deposits) with the Office; and

    • (ii)

      directorships of companies,

  as are necessary to enable the Board to comply with section 17B; and

  • (b)

    of particulars of:

    • (i)

      any prescribed change in a deposit account; or

    • (ii)

      any change in a directorship of a company.

  Fault element: The member intentionally fails to give the notice.

  Maximum penalty:          50 penalty units or imprisonment for 6 months.

• (2)

  A notice under subsection (1) shall be given:

  • (a)

    if the notice is under subsection (1)(a) – within 14 days after the person:

    • (i)

      becomes a member;

    • (ii)

      opens a deposit account with the Office or is appointed a director of a company; or

    • (iii)

      becomes aware that an associate has opened a deposit account with the Office or is appointed a director of a company,

  whichever happens last; and

  • (b)

    if the notice is under subsection (1)(b) – within the prescribed period after the person becomes aware of the happening of the event giving rise to the change.

• (3)

  The Board shall, within 7 days after receiving a notice under subsection (1), send a copy to each of the other members.

17BRegister of members' interests

• (1)

  The Board shall keep a register showing, in relation to each member:

  • (a)

    the present given name and surname, any former given name or surname, the date and place of birth, the usual residential address and the business occupation (if any) of the member; and

  • (b)

    particulars of deposit accounts with the Office of the member or an associate of the member; and

  • (c)

    particulars of directorships of companies held by the member or an associate of the member; and

  • (d)

    particulars of the nature and extent of interests disclosed by a member under section 17(1).

• (1A)

  The Board must, within 3 days after a member discloses an interest under section 17(1), enter in the register the particulars mentioned in subsection (1)(d).

• (2)

  The Board shall, within 7 days after receiving notice from a member under section 17A(1)(a), enter in the register, in relation to the member, the particulars specified in subsection (1) in the notice.

• (3)

  The Board shall, within 3 days after receiving a notice from a member under section 17A(1)(b), enter in the register the particulars of the change specified in the notice.

• (4)

  The Board shall, on entering a particular in the register under this section (including a change of a particular), provide the Minister with a copy of the entry.

• (5)

  The register shall, at the request of any member, be produced at a meeting of the Board and be open and accessible during the meeting to the members present.

17CLoans to members

• (1)

  The Office shall not provide a loan:

  • (a)

    to a member, unless it is:

    • (i)

      provided in the ordinary course of business;

    • (ii)

      subject to the terms and conditions normally imposed by the Office in similar dealings; and

    • (iii)

      approved by a majority of the members (other than the member to whom the loan is to be provided) present and voting on the matter at a meeting of the Office; or

  • (b)

    to an associate of a member, unless it is:

    • (i)

      provided in the ordinary course of business; and

    • (ii)

      subject to the terms and conditions normally imposed by the Office in similar dealings.

• (2)

  A member or associate of a member commits an offence if:

  • (a)

    the member or associate obtains a loan from the Office; and

  • (b)

    the Office is prohibited from providing the loan under subsection (1).

  Fault element: The member or associate knows the Office is prohibited from providing the loan.

  Maximum penalty:          50 penalty units or imprisonment for 6 months.

18Meetings of Board

• (1)

  The Board must meet as often as is necessary for the exercise of its powers and the performance of its functions.

• (2)

  The Chairperson must make the arrangements to enable the Board to meet.

• (3)

  At a meeting of the Board:

  • (a)

    3 members constitute a quorum; and

  • (b)

    questions arising must be decided by a majority of the votes of the members present and voting and, in the event of an equality of votes, the member presiding has a casting vote; and

  • (c)

    subject to this Act, the Board decides the procedures to be followed at or in connection with the meeting.

• (4)

  The Board must keep a record of its meetings.

• (5)

  The record must:

  • (a)

    be made within a reasonable time after the meeting; and

  • (b)

    state the date of the meeting; and

  • (c)

    be signed by the presiding member at the next meeting.

  19Chief Executive Officer
• (1)

  There shall be an office of Chief Executive Officer.

• (2)

  The Chief Executive Officer shall, subject to the control of the Board, administer the day to day operation of the Office.

• (3)

  The Chief Executive Officer shall be appointed by the Board after consultation with the Minister.

• (4)

  Subject to this section, the Chief Executive Officer shall hold office for such period not exceeding 5 years as is specified in the instrument of appointment and is eligible for re-appointment.

• (5)

  The remuneration and allowances payable to, and the conditions of service of, the Chief Executive Officer, shall be such as are determined by the Board after consultation with and agreement by the Minister.

• (6)

  The remuneration, allowances and expenses payable under subsection (5) shall be paid out of the moneys of the Office.

• (7)

  The Chief Executive Officer may resign office by written notice to the Board.

• (8)

  The Chief Executive Officer may delegate any of the Officer’s powers and functions under this Act to an employee of the Office.

20Acting Chief Executive Officer

• (1)

  The Board may appoint an employee of the Office to act in the office of the Chief Executive Officer:

  • (a)

    during a vacancy, or all vacancies, in the office whether or not an appointment has previously been made to the office; or

  • (b)

    during any period, or all periods, when the Chief Executive Officer is unable to perform the duties of the office.

• (2)

  The appointment may be made only after consultation with the Minister.

21Delegation by Board

The Board may, by resolution, delegate any of its powers and functions to:

• (a)

  a director of the Board; or

• (b)

  a committee of the Board; or

• (c)

  the Chief Executive Officer; or

• (d)

  an employee of the Office.

Part 4Financial matters 22Moneys of Office

The moneys of the Office consist of:

• (a)

  such moneys as are appropriated for the purposes of the Office by or under this or any other Act; and

• (b)

  premiums and contributions received by the Office in respect of the business of insurance conducted, or compensation scheme administered, by it; and

• (c)

  moneys received on insurance or re-insurance contracts or arrangements entered into by the Office; and

• (d)

  proceeds of the sale or other disposition of property of the Office; and

• (e)

  interest and distributions on investments of moneys of the Office, including, for example, trust distributions; and

• (f)

  dividends on shares owned by the Office; and

• (fa)

  moneys in the Fund; and

• (g)

  such other amounts as, from time to time, become available to or for the use of the Office under this or any other Act.

22AMoneys are property of Territory

• (1)

  The moneys of, and all debts and other moneys owing to, the Office are the property of the Territory and:

  • (a)

    are and shall be held;

  • (b)

    may be recovered; and

  • (c)

    may be applied in accordance with this Act,

  by and in the name of the Office on behalf of the Territory.

• (2)

  Notwithstanding subsection (1), the Financial Management Act does not apply to or in relation to the moneys of the Office.

22BMotor Accidents (Compensation) Fund

• (1)

  The Motor Accidents (Compensation) Fund is established.

• (2)

  On the commencement of this section, all the assets allocated for the MAC business under the Determinations immediately before that commencement becomes part of the Fund.

• (3)

  In addition, the Fund includes:

  • (a)

    amounts paid to the Office under section 46 of the Motor Vehicles Act; and

  • (b)

    other amounts received by the Office for the MAC scheme; and

  • (c)

    assets purchased with amounts in the Fund.

  22CApplication of Fund
• (1)

  Assets of the Fund must be applied solely for the following purposes:

  • (a)

    the Office’s obligations under the Motor Accidents (Compensation) Act;

  • (b)

    the operation of the MAC scheme;

  • (c)

    the promotion of road safety;

  • (d)

    the acquisition of assets for the Fund;

  • (e)

    the discharge of liabilities in relation to the MAC business.

• (2)

  Assets of the Office that are not part of the Fund must not be applied for a purpose mentioned in subsection (1)(a), (b), (d) or (e).

22DFund not trust fund

To avoid doubt:

• (a)

  a trust is not created in relation to the Fund; and

• (b)

  the Office and the members are not trustees in relation to the Fund.

22EConflict of interests policy statement

• (1)

  The Board must prepare for the Minister’s approval a written policy statement for resolving conflicts between managing the Fund and other assets of the Office.

• (2)

  In exercising its powers and performing its functions, the Board must have regard to the policy statement as approved by the Minister.

• (3)

  The Board:

  • (a)

    must review the policy statement before the end of each financial year; and

  • (b)

    may, following the review, prepare a new policy statement for the Minister’s approval.

• (4)

  The new policy statement must be given to the Minister not later than when the statements of corporate intent for the next financial year are given to the Minister for approval.

23Application of moneys

• (1)

  Subject to section 22B, the moneys of the Office shall be applied only in payment or discharge of the expenses and other obligations of the Office, whether contractually incurred or imposed by or under a law in force in the Territory.

• (3)

  Moneys standing to the credit of an account established for the purposes of financial services provided by the Office shall not be applied except for those purposes.

• (4)

  Nothing in this section shall prevent the application of moneys of the Office standing to the credit of an account established for one purpose to another as an inter-account loan or equity contribution, or the subsequent repayment of such moneys (and the payment of interest and dividends thereon), in accordance with normal business practices, and moneys so applied shall, for the purposes of section 26, be taken to be moneys standing to the credit of the account from which they were obtained.

• (5)

  An arrangement of an inter-account loan or equity contribution mentioned in subsection (4) that affects the Fund must not be made without the Minister’s approval.

25Financial records

• (1)

  The Office must keep written financial records that:

  • (a)

    correctly record and explain its transactions and financial position and performance; and

  • (b)

    enable true and fair financial statements to be prepared and audited.

• (2)

  The Office must keep the financial records for 7 years after the transactions covered by the records are completed.

25AReimbursement of MAC expenses

• (1)

  The Minister may as soon as practicable after the end of each financial year, after seeking and considering the advice of the Board, determine an amount (if any) the Minister considers should be paid to reimburse the Territory for the provision to claimants under the MAC scheme of treatment and accommodation by or in public hospitals in the Territory during the financial year, being treatment and accommodation the cost of which, but for section 18(1)(a) or (b) of that Act, would be payable under that Act.

• (2)

  An amount determined under subsection (1) must be paid by the Office from the Fund to the Central Holding Authority.

26Payment of surplus amount in Fund to Territory

• (1)

  This section applies if the Minister is satisfied an amount in the Fund is in excess of that required as adequate provision for conducting the MAC business for a financial year for the following:

  • (a)

    actual and contingent liabilities of the Office;

  • (b)

    reasonable operating and other expenses of the Office.

• (2)

  The Minister may direct the Office to pay the amount, or part of it, into the Central Holding Authority by the date stated in the direction.

• (3)

  The amount paid under subsection (2) may be paid out of the Central Holding Authority only for promoting road safety.

  Note for subsection (3)

  For authorised payments out of the Central Holding Authority, see section 5(2) of the Financial Management Act.

26APayment of other surplus amounts to Territory

• (1)

  This section applies if the Minister is satisfied an amount held by the Office (other than an amount in the Fund) is in excess of that required as adequate provision for conducting the commercial business for a financial year for the following:

  • (a)

    actual and contingent liabilities of the Office;

  • (b)

    reasonable operating and other expenses of the Office.

• (2)

  The Minister may direct the Office to pay the amount, or part of it, into the Central Holding Authority by the date stated in the direction.

• (3)

  The Minister must table a copy of the direction under subsection (2) in the Legislative Assembly within 6 sitting days after giving it.

27Audit and annual report

• (1)

  The Board must, within 4 months after the end of each financial year or the longer period allowed by the Minister:

  • (a)

    prepare an annual report of the Office’s operations during the year; and

  • (b)

    give it to the Minister.

• (1A)

  The annual report must:

  • (a)

    conform to the requirements of similar reports under the Corporations Act 2001; and

  • (b)

    include:

    • (i)

      a report for the Office as a whole; and

    • (ii)

      a separate report for the commercial business; and

    • (iii)

      a separate report for the MAC business; and

  • (c)

    include all information that is required by the Minister to enable an informed assessment of the Office’s operations.

• (2)

  The Minister must table the annual report, together with the financial statement and report of the Auditor-General on the financial statement required pursuant to subsection (3), in the Legislative Assembly within 6 sitting days of the Assembly after the delivery of the later of the reports to the Minister.

• (3)

  Subject to subsection (2), section 10 of the Financial Management Act applies to and in relation to the Office as if its activities were a Government Business Division within the meaning of that Act.

• (4)

  For the purposes of the application of section 10 of the Financial Management Act as referred to in subsection (3), the Chief Executive Officer is the Accountable Officer.

28Office to pay taxes

• (1)

  The Office is to pay to the Central Holding Authority an amount equal to its liability in respect of each financial year to pay (had the Office not been exempted from doing so) income tax under:

  • (a)

    the Income Tax Assessment Act 1936 (Cth); and

  • (b)

    the Income Tax Assessment Act 1997 (Cth).

• (2)

  In calculating its liability to pay the amount of tax referred to in subsection (1), and in paying the amount, the Office is to comply and act in accordance with the Tax Equivalents Regimes Manual issued by the Treasurer as amended from time to time.

• (3)

  Nothing in this or any other Act relieves the Office from liability to pay Territory taxes, rates and duties in respect of its business and activities that it would have if it were a company incorporated under the Corporations Act 2001.

28AApplication of Corporations Act 2001

• (1)

  Subject to subsection (2), except to the extent that the Corporations Act 2001 expressly binds the Crown, the Office is declared to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 in relation to the whole of the Corporations legislation to which Part 1.1A of that Act applies.

• (2)

  The Regulations may prescribe that all or specified accounting and reporting obligations and standards imposed or required by the Corporations Act 2001 of or in relation to a public company incorporated under the Corporations Act 2001 apply to and in relation to the Office as if:

  • (a)

    the Office were a public company so incorporated; and

  • (b)

    the Territory were the shareholders of the company,

  and the Corporations Act 2001, with the necessary changes, shall apply to the extent necessary to enforce those standards.

Part 5Miscellaneous matters 29Internal insurance

• (1)

  The Board may open and operate funds and accounts for the undertaking of internal insurance in respect of and for the purposes of any or all classes of insurance carried on by it, and with or from any one or more of any funds or accounts of the Office.

• (2)

  Nothing in subsection (1) shall be construed as limiting the Office’s power to arrange insurance or reinsurance with any other insurer.

30Guarantee by Territory

• (1)

  The Territory hereby guarantees:

  • (a)

    every policy or contract of insurance or indemnity; and

  • (b)

    the repayment of, and the interest payable on, each deposit with the Office in pursuance of a contract or other agreement; and

  • (c)

    the liabilities of the Office in relation to the MAC business;

  entered into by the Office within the authority of this or any other Act and, when the occasion for the payment of money on such guarantee arises, the amount shall, by virtue of this section, be appropriated accordingly and shall be paid out of the Central Holding Authority on receipt by the Treasurer of a certificate from the Solicitor-General indicating that the amount is legally payable.

• (2)

  The amount of any money paid by the Territory in pursuance of a certificate issued under subsection (1) shall be a debt payable by the Office to the Territory.

30AFee for guarantee

• (1)

  The Office must, for each financial year, pay to the Central Holding Authority a fee for the guarantee referred to in section 30(1)(a) or (b).

• (2)

  The fee is the amount determined by the Treasurer to be the value of the guarantee for the financial year.

• (3)

  The Office must pay the fee for the financial year within 2 months after the Treasurer has notified the Office of the amount.

31Office may act as agent

The Office may act as the agent of any person carrying on insurance business, or providing a financial service, in or outside the Territory.

32Terms of contract and execution of documents

• (1)

  Any deed, instrument, contract or agreement relating to any property or matter which, if made or executed by an individual, would be by law required to be in writing under seal may be made on behalf of the Office in writing under the common seal of the Office.

• (2)

  Any instrument, contract or agreement relating to any property or matter which, if made by or between individuals would be required to be in writing signed by the parties to be charged therewith, may be made on behalf of the Office in writing by any person acting under the authority, express or implied, of the Board.

• (3)

  Any contract relating to any property or matter which, if made between individuals, would by law be valid although made by parol only (and not reduced to writing) may be made on behalf of the Office by any person acting under the authority, expressed or implied, of the Board.

• (4)

  Any contract which is entered into or any instrument, contract or agreement which is signed in relation to any property or obligation of the Office shall be deemed to have been entered into or signed with the express authority of the Board if it is entered into or signed in accordance with a resolution of the Board for the time being in force.

• (5)

  Sections 52 (other than section 52(1)(d)) and 53 of the Government Owned Corporations Act apply to the Office as if it were a Government owned corporation.

33Provision of information and records to Minister

• (1)

  The Board shall, at the request in writing of the Minister, provide the Minister with such reports, and such written information in the possession or control of the Board, and in such manner and form, as the Minister requires.

• (2)

  Subject to subsection (4), if a report or information in the possession or control of the Board is provided under subsection (1) to the Minister, the Minister may make, retain and deal with copies of the report or information as the Minister thinks fit.

• (3)

  Where the Board considers that:

  • (a)

    a report or information provided under subsection (1) contains; or

  • (b)

    a class of reports or of information which may be provided under subsection (1) is likely to contain,

  matter that for any reason should be treated as confidential, it shall advise the Minister of, and give its reasons for, that opinion.

• (4)

  The Minister, the Chief Executive Officer, a member or other person employed in the business of the Office or of the Minister, shall not disclose a report or written information relating to the matter, knowing it to be a matter in respect of which the Board owes a duty of confidence, except:

  • (a)

    in the case of the Minister or other person employed in the business of the Minister – in the proper performance of the Minister’s ministerial functions and duties; or

  • (b)

    in any other case – in the proper performance of the functions and duties of the person employed in the business of the Office.

• (5)

  A member, the Chief Executive Officer or other person employed in the business of the Office or of the Minister does not commit a breach of duty by reporting a matter or disclosing a report or written information relating to the affairs of the Board or of the Office to the Minister.

33ATreasurer's Determinations

• (1)

  The Treasurer may, consistent with this Act, make determinations (the Determinations) about any of the following:

  • (a)

    prudential standards that:

    • (i)

      must be applied by the Office; or

    • (ii)

      relate to the performance of any of the functions of the Office;

  • (b)

    monitoring and enforcement of any of the prudential standards (including the appointment of persons for those purposes);

  • (c)

    standards about the governance of the Office;

  • (d)

    the fee under section 33B.

• (1A)

  To avoid doubt, the Determinations may make specific provisions for the commercial business and MAC business.

• (2)

  In making the Determinations, the Treasurer must consult with and have regard to any comments made by the Office.

• (3)

  The Treasurer must, by notice in the Gazette, notify the making of the Determinations.

• (4)

  A Determination must not commence before its notification under subsection (3).

• (5)

  For subsection (1), the Determinations may apply, adopt or incorporate any or all of the provisions of an instrument as in force or existing from time to time.

33BPrudential supervision fee

• (1)

  The Office must, for each financial year, pay to the Central Holding Authority a fee for the prudential supervision of the Office by the Territory.

• (2)

  The fee is the amount decided by the Treasurer for the financial year in accordance with the Determinations made under section 33A.

• (2A)

  To avoid doubt, the fee may relate to:

  • (a)

    the commercial business; or

  • (b)

    the MAC business; or

  • (c)

    both the commercial business and MAC business.

• (3)

  The Office must pay the fee for the financial year within 2 months after the Treasurer has notified the Office of the amount.

34Regulations

• (1)

  The Administrator may make regulations under this Act.

• (2)

  Regulations may be made about the procedures for the preparation, amendment and approval of a statement of corporate intent.

Part 6Repeals and Transitional matters for Territory Insurance Office Amendment Act 2005 35Repeal of Regulations

• (1)

  The following Regulations are repealed:

  • (a)

    Territory Insurance Office Regulations (Regulations No. 27 of 1993);

  • (b)

    amendment of Territory Insurance Office Regulations (Regulations No. 6 of 2002).

• (2)

  Despite the repeal, the Regulations as in force immediately before the commencement of the Territory Insurance Office Amendment Act 2005 apply in relation to the financial year beginning on 1 July 2005.

36Application – fees for guarantee and prudential supervision

Sections 30A and 33B apply in relation to the financial year beginning on 1 July 2006 and each subsequent financial year.

Part 7Transitional matters for Territory Insurance Office Amendment Act 2006 37Application of amendments

• (1)

  The amendments made to this Act by the Territory Insurance Office Amendment Act 2006 apply to the financial year beginning on 1 July 2006 and each subsequent financial year.

• (2)

  Subsection (1):

  • (a)

    has effect subject to section 38; and

  • (b)

    does not apply to the amendments made by sections 4(3) and 6 of the Territory Insurance Office Amendment Act 2006.

  38Period for preparation of documents
• (1)

  The first statements of corporate intent prepared for section 8A must be given to the Minister for approval:

  • (a)

    not later than 6 months after the beginning of the commencement of that section; or

  • (b)

    by another date agreed between the Minister and the Board.

• (2)

  The first report prepared for section 8C must be given to the Minister for approval:

  • (a)

    not later than 3 months after the beginning of the financial year beginning on 1 July 2007; or

  • (b)

    by another date agreed between the Minister and the Board.

• (3)

  The first policy statement prepared for section 22E must be given to the Minister for approval:

  • (a)

    not later than 6 months after the beginning of the commencement of that section; or

  • (b)

    by another date agreed between the Minister and the Board.

  ENDNOTES  
  • 1

    KEY

  Key to abbreviations

   

  amd = amended od = order

  app = appendix om = omitted

  bl = by-law pt = Part

  ch = Chapter r = regulation/rule

  cl = clause rem = remainder

  div = Division renum = renumbered

  exp = expires/expired rep = repealed

  f = forms s = section

  Gaz = Gazette sch = Schedule

  hdg = heading sdiv = Subdivision

  ins = inserted SL = Subordinate Legislation

  lt = long title sub = substituted

  nc = not commenced

  • 2

    LIST OF LEGISLATION

Territory Insurance Office Act 1979 (Act No. 59, 1979)
Assent date	15 June 1979
Commenced	22 June 1979 (Gaz G25, 22 June 1979, p 5)
Territory Insurance Office Amendment Act 1981 (Act No. 102, 1981)
Assent date	21 December 1981
Commenced	21 December 1981
Public Service and Statutory Authorities Amendment Act 1985 (Act No. 28, 1985)
Assent date	26 June 1985
Commenced	26 June 1985
Companies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)
Assent date	30 June 1986
Commenced	1 July 1986 (s 2)
Territory Insurance Office Amendment Act 1986 (Act No. 50, 1986)
Assent date	19 December 1986
Commenced	24 December 1986 (Gaz S90, 24 December 1986)
Territory Insurance Office Amendment Act 1989 (Act No. 36, 1989)
Assent date	20 September 1989
Commenced	8 November 1989 (Gaz G44, 8 November 1989, p 3)
Corporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)
Assent date	14 December 1990
Commenced	1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act No. 56, 1990) and Gaz S76, 21 December 1990)
Territory Insurance Office Amendment Act 1991 (Act No. 9, 1991)
Assent date	7 March 1991
Commenced	1 July 1990 (s 2)
Territory Insurance Office Amendment Act (No. 2) 1991 (Act No. 70, 1991)
Assent date	6 December 1991
Commenced	6 December 1991
Territory Insurance Office Amendment Act 1992 (Act No. 65, 1992)
Assent date	28 October 1992
Commenced	16 November 1992 (Gaz S59, 16 November 1992)
Territory Insurance Office Amendment Act 1993 (Act No. 7, 1993)
Assent date	18 March 1993
Commenced	18 March 1993
Territory Insurance Office AmendmentAct (No. 2) 1993 (Act No. 13, 1993)
Assent date	22 April 1993
Commenced	ss 10 and 11: 1 July 1993; rem: 22 April 1993 (s 2)
Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993)
Assent date	30 June 1993
Commenced	1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993)
Statute Law Revision Act 1994 (Act No. 50, 1994)
Assent date	20 September 1994
Commenced	20 September 1994
Territory Insurance Office Amendment Act 1994 (Act No. 51, 1994)
Assent date	20 September 1994
Commenced	20 September 1994
Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)
Assent date	21 March 1995
Commenced	1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act No. 4, 1995) and Gaz S13, 31 March 1995)
Statute Law Revision Act (No. 2) 1995 (Act No. 42, 1995)
Assent date	13 October 1995
Commenced	13 October 1995
Territory Insurance OfficeAmendment Act 1998 (Act No. 36, 1998)
Assent date	27 May 1998
Commenced	1 July 1996 (s 2)
Statute Law Revision Act 1998 (Act No. 92, 1998)
Assent date	11 December 1998
Commenced	11 December 1998
Territory Insurance Office Amendment Act 2000 (Act No. 76, 2000)
Assent date	15 December 2000
Commenced	15 December 2000
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date	29 June 2001
Commenced	15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001)
Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)
Assent date	13 September 2002
Commenced	30 October 2002 (Gaz G43, 3 October 2002, p 3)
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)
Assent date	7 January 2004
Commenced	17 March 2004 (Gaz G11, 17 March 2004, p 8)
Territory Insurance Office Amendment Act 2005 (Act No. 46, 2005)
Assent date	14 December 2005
Commenced	14 December 2005
Territory Insurance Office Amendment Act 2006 (Act No. 28, 2006)
Assent date	19 September 2006
Commenced	ss 4(3) and 6: 19 September 2006; rem: 1 July 2006 (s 2)
Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)
Assent date	12 December 2007
Commenced	1 July 2008 (Gaz S29, 25 June 2008)
Territory Insurance Office and Other Legislation Amendment Act 2010 (Act No. 35, 2010)
Assent date	18 November 2010
Commenced	pt 4: 1 January 2011; rem: 18 November 2010 (s 2)

• 3

  SAVINGS AND TRANSITIONAL PROVISIONS

s 4 Territory Insurance Office Amendment Act 1989 (Act No. 36, 1989)

• 4

  LIST OF AMENDMENTS

lt                       amd No. 50, 1986, s 4

pt 1 hdg             amd No. 35, 2010, s 25

s 3                     amd No. 50, 1986, s 5; No. 36, 1989, s 4; No. 70, 1991, s 2; No. 65, 1992, s 4; No. 13, 1993, s 4; No. 1, 2004, s 62; No. 28, 2006, s 4; No. 35, 2010, s 4

ss 3A – 3B         ins No. 35, 2010, s 5

s 4                     amd No. 36, 1989, s 5; No. 35, 2010, s 6

pt 2 hdg             amd No. 35, 2010, s 25

s 5                     amd No. 50, 1986, s 6; No. 13, 1993, s 5; No. 76, 2000, s 2; No. 30, 2007, s 59; No. 35, 2010, s 25

s 6                     amd No. 50, 1986, s 7; No. 35, 2010, s 7

s 7                     amd No. 13, 1993, s 6; No. 5, 1995, s 16

sub No. 35, 2010, s 8

s 8A                   ins No. 13, 1993, s 7

sub No. 28, 2006, s 5

ss 8B – 8C         ins No. 28, 2006, s 5

pt 3 hdg             amd No. 35, 2010, s 25

s 9                     sub No. 35, 2010, s 9

s 10                   amd No. 65, 1992, s 5; No. 28, 2006, s 6

sub No. 35, 2010, s 9

s 11                   amd No. 65, 1992, s 6; No. 13, 1993, s 13; No. 28, 1993, s 3

sub No. 35, 2010, s 9

s 12                   amd No. 28, 1985, s 9; No. 65, 1992, s 7; No. 13, 1993, s 13; No. 50, 1994, s 16; No. 35, 2010, s 25

s 13                   amd No. 65, 1992, s 8; No. 13, 1993, s 13; No. 28, 1993, s 3; No. 35, 2010, s 25

s 14                   amd No. 65, 1992, s 9; No. 13, 1993, s 13; No. 28, 1993, s 3

sub No. 35, 2010, s 10

s 15                   amd No. 28, 1985, s 9; No. 65, 1992, s 10; No. 13, 1993, s 13; No. 28, 1993, s 3

sub No. 35, 2010, s 10

s 16                   amd No. 65, 1992, s 11; No. 13, 1993, s 13; No. 28, 1993, s 3; No. 35, 2010, s 25

s 17                   sub No. 13, 1993, s 8

sub No. 35, 2010, s 11

s 17A                 ins No. 13, 1993, s 8

amd No. 35, 2010, s 12

s 17B                 ins No. 13, 1993, s 8

amd No. 35, 2010, s 13

s 17C                 ins No. 13, 1993, s 8

amd No. 35, 2010, s 14

s 18                   sub No. 35, 2010, s 15

s 19                   sub No. 36, 1989, s 6; No. 65, 1992, s 12

amd No. 35, 2010, s 16

s 19A                 ins No. 36, 1989, s 6

amd No. 65, 1992, s 13

rep No. 35, 2010, s 17

s 19B                 ins No. 36, 1989, s 6

rep No. 35, 2010, s 17

s 20                   amd No. 36, 1989, s 7; No. 50, 1994, s 16

sub No. 35, 2010, s 17

s 21                   sub No. 35, 2010, s 17

pt 4 hdg             amd No. 35, 2010, s 25

s 22                   amd No. 50, 1986, s 8; No. 28, 2006, s 7; No. 35, 2010, s 18

s 22A                 ins No. 102, 1981, s 3

amd No. 5, 1995, s 17

ss 22B – 22E     ins No. 28, 2006, s 8

s 23                   amd No. 50, 1986, s 9; No. 9, 1991, s 3; No. 7, 1993, s 3; No. 28, 2006, s 9

s 24                   amd No. 38, 2002, s 6

rep No. 35, 2010, s 19

s 25                   amd No. 50, 1986, s 10

sub No. 35, 2010, s 19

s 25A                 ins No. 9, 1991, s 4

amd No. 92, 1998, s 23; No. 46, 2005, s 7; No. 28, 2006, s 10; No. 35, 2010, s 25

s 26                   amd No. 50, 1986, s 11; No. 7, 1993, s 4

sub No. 5, 1995, s 18

amd No. 46, 2005, s 7; No. 28, 2006, s 11

sub No. 35, 2010, s 20

s 26A                 ins No. 35, 2010, s 20

s 27                   amd No. 18, 1986, s 3; No. 59, 1990, s 4

sub No. 13, 1993, s 9; No. 5, 1995, s 18

amd No. 28, 2006, s 12; No. 35, 2010, s 21

s 28                   amd No. 102, 1981, s 4; No. 18, 1986, s 3; No. 59, 1990, s 4; No. 42, 1995, s 5

sub No. 36, 1998, s 3

amd No. 17, 2001, s 17; No. 46, 2005, s 7; No. 28, 2006, s 13

s 28A                 ins No. 50, 1986, s 12

amd No. 59, 1990, s 4; No. 13, 1993, s 11; No. 17, 2001, s 17

pt 5 hdg             amd No. 35, 2010, s 25

s 29                   amd No. 35, 2010, s 25

s 30                   amd No. 50, 1986, s 13; No. 92, 1998, s 23; No. 46, 2005, s 7; No. 28, 2006, s 14; No. 35, 2010, s 25

s 30A                 ins No. 46, 2005, s 3

amd No. 28, 2006, s 15

s 31                   amd No. 50, 1986, s 14

s 32                   amd No. 35, 2010, s 22

s 33                   sub No. 13, 1993, s 10; No. 51, 1994, s 3

amd No. 35, 2010, s 23

s 33A                 ins No. 46, 2005, s 4

amd No. 28, 2006, s 16

s 33B                 ins No. 46, 2005, s 4

amd No. 28, 2006, s 17

s 34                   amd No. 13, 1993, s 12; No. 46, 2005, s 5

sub No. 35, 2010, s 24

pt VI hdg            ins No. 46, 2005, s 6

amd No. 35, 2010, s 25

ss 35 – 36          ins No. 46, 2005, s 6

pt VII hdg           ins No. 28, 2006, s 18

amd No. 35, 2010, s 25

ss 37 – 38          ins No. 28, 2006, s 18