Untitled document

Port Services (Amendment) Act 1997

Act No. 63/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—AMENDMENT OF PORT SERVICES ACT 1995 3

3.	Definitions	3
4.	New Division 1A inserted in Part 2	3
Division 1A—Hastings Port (Holding) Corporation	3
17A. Establishment	3
17B. HPHC not to represent the Crown	4
17C. Objective	4
17D. Functions and powers	4
5.	Amendments consequential on establishment of HPHC	7
6.	Repeal of certain provisions	7
7.	Transfer of property	7
8.	New Part 11 substituted and Parts 12 to 14 repealed	8
PART 11—ABOLITION OF PORT AUTHORITIES	8
153. Definitions	8
154. Transfer of property to SEC and abolition of port

authorities 9

155. Substitution of party to agreement	10
156. Port authority instruments	10
157. Proceedings	10
158. Interests in land	10
159. Amendment of Register	11
160. Taxes	12
161. Evidence	12

9. Statute law revision 12

PART 3—REPEAL OF PORT ACTS 13

10. Repeal of Port Acts 13

i

Section	Page
PART 4—AMENDMENT OF STATE ELECTRICITY
COMMISSION ACT 1958	14

11.	Definitions	14
12.	Amendment of section 12A	14
13.	New section 12C inserted	14
12C. Functions and powers in relation to ports	14
14.	New section 84A inserted	15
84A. Ports Fund	15
15.	Port property	16
16.	Guarantees, etc.	17

__________________

SCHEDULE—Consequential Amendments 19

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NOTES 20

ii

Victoria

No. 63 of 1997

Port Services (Amendment) Act 1997†

[Assented to 5 November 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to—

(a) provide for the abolition of the Port of Melbourne Authority, the Port of Geelong Authority and the Port of Portland Authority and enable the State Electricity Commission of Victoria to take over their remaining property, rights and liabilities;

Port Services (Amendment) Act 1997

Act No. 63/1997 s. 2

(b) establish the Hastings Port (Holding) Corporation to carry out certain functions in relation to the port of Hastings.

2. Commencement

(1) This Part and section 9(1) come into operation on

the day on which this Act receives the Royal
Assent.

(2) Section 9(2) is deemed to have come into

operation on 28 November 1995.

(3) Subject to sub-section (4), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 1 July 1999, it

comes into operation on that day.

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Port Services (Amendment) Act 1997

s. 3 Act No. 63/1997

PART 2—AMENDMENT OF PORT SERVICES ACT 1995

3. Definitions

No. 82/1995.	In section 3 of the Port Services Act 1995 insert
Amended by
Nos.	the following definitions—
107/1995,
4/1996,	' "HPHC" means Hastings Port (Holding)
27/1996 and
51/1996.	Corporation established by Division 1A of Part 2;

"Port Act" means the Port of Geelong

Authority Act 1958, the Port of Melbourne Authority Act 1958 or the Port of Portland Authority Act 1958;

"port authority abolition date", in relation to a

port authority, means the date fixed by the
Governor in Council by Order under section
153(2) for the purposes of that port
authority;

"port property", in relation to SEC, has the same

meaning as in section 85(3) of the State
Electricity Commission Act 1958;

"SEC" means the State Electricity Commission

of Victoria;'.

4. New Division 1A inserted in Part 2

In Part 2 of the Port Services Act 1995, after

Division 1 insert—

'Division 1A—Hastings Port (Holding)

Corporation

17A. Establishment

(1) There is established a body by the name
"Hastings Port (Holding) Corporation".

Port Services (Amendment) Act 1997

Act No. 63/1997 s. 4

(2) HPHC—

(a) is a body corporate with perpetual succession;

(b) has an official seal;

(c) may sue and be sued;

(d)	may acquire, hold and dispose of real and personal property;
(e)	may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) All courts must take judicial notice of the seal of HPHC affixed to a document and, until the contrary is proved, must presume

that it was duly affixed.

(4) The official seal of HPHC must be kept in

such custody as HPHC directs and must not
be used except as authorised by HPHC.

17B. HPHC not to represent the Crown

HPHC is a public authority but does not represent the Crown.

17C. Objective

The objective of HPHC is to hold property connected with the port of Hastings and ensure that there is at all times a port operator in relation to that port.

17D. Functions and powers

(1) The functions of HPHC are—

(a) agreement in force in relation to the
port of Hastings and notify the

to administer any port operation agreement be terminated or a default

Port Services (Amendment) Act 1997

s. 4	Act No. 63/1997
occur under the agreement and, in that event, also notify the Treasurer of its recommended course of action consequent on that termination or default;

(b)	after consultation with the Treasurer, to enter into a port operation agreement in relation to the whole or any part of the
port of Hastings consequent on the termination or expiry, or anticipated termination or expiry, of such an agreement;
(c)	if directed to do so by the Governor in Council by Order published in the Government Gazette, to act as port operator in relation to the whole or any part of the port of Hastings for a period during which there is not in force a port operation agreement in relation to that port or that part of that port;
(d)	if directed to do so by the Governor in Council by Order published in the Government Gazette, to act as channel operator in relation to port waters of the port of Hastings for a period during which there is not in force an arrangement between VCA and another person for the management of those channels;
(e)	to carry out such other functions as are conferred on HPHC by or under this or any other Act.

(2) HPHC—

(a) subject to sub-section (4), may acquire or dispose of real or personal property,

Port Services (Amendment) Act 1997

Act No. 63/1997	s. 4
and may dispose of any such property acquired by it;

(b) may enter into contracts, agreements, leases and licences for the carrying out of its functions;

(c) may take and hold indemnities;

(d) enter into contracts (including contracts

without limiting paragraph (b), may services or facilities;

(e) may employ agents or contractors; (f) may act as agent of another person;

(g) may do all things necessary or convenient to be done for, or in connection with, carrying out its functions.

(3) Without limiting the generality of the powers conferred on it, HPHC—

(a)	may form, or participate in the formation of, or be a member of, companies;
(b)	formation of, and may participate in, partnerships, trusts, unincorporated

may form, or participate in the for the sharing of profits;

(c) may act as trustee;

(d)

may engage in any business, performance of its functions.

(4) HPHC must not sell any land that is within 125 metres of a defined water front without the approval of the Minister.'.

Port Services (Amendment) Act 1997

s. 5 Act No. 63/1997

5.  Amendments consequential on establishment of HPHC

(1) In the definition of "port corporation" in section 3 of the Port Services Act 1995, after "Melbourne Port Corporation" insert ", Hastings Port

(Holding) Corporation".

(2) In Schedule 1 to the Port Services Act 1995—

(a)	in clause 1(1), after "3" insert "(or, in the case of HPHC, 2)";
(b)	in clause 9(3), after "a port corporation" insert "other than HPHC";

(c) in clause 9, after sub-clause (3) insert—

"(3A) The chairperson of HPHC constitutes a quorum of the board of HPHC.".

6. Repeal of certain provisions

(1) In the definition of "port corporation" in section 3

of the Port Services Act 1995, omit "and, in
sections 30 and 33 to 38 and Parts 8 and 9,
includes the subsidiary of MPC that is the
declared subsidiary under section 6".

(2) Sections 6 and 17 of the Port Services Act 1995 are repealed.

(3) In Part 4 of the Port Services Act 1995, Divisions

1, 2 and 3 are repealed.

(4) In section 92 of the Port Services Act 1995, sub- section (2) is repealed.

7. Transfer of property

(1) In section 99(1) of the Port Services Act 1995—

(a)

after the definition of "PMA instrument" ' "port authority" includes, in relation to

port property, SEC;
Port Services (Amendment) Act 1997

Act No. 63/1997 s. 8

"port authority instrument" has the same meaning as in Part 11;';

(b)	in the definition of "transferee", after "former port authority property" insert "or port property";
(c)	in the definition of "transferor" after "Part" insert "and, in relation to port property, means SEC".

(2) In section 108 of the Port Services Act 1995,

after "former port authority property" insert ", and
each port authority instrument relating to port

property,".

(3) In sections 109, 110, 111(1) and (3) and 113(1)

and (2) of the Port Services Act 1995, after
"former port authority property" insert "or port

property".

(4) In section 115(1) and (2) of the Port Services Act

1995, after "former port authority property"

(wherever occurring) insert "or port property".

8. New Part 11 substituted and Parts 12 to 14 repealed

For Parts 11 to 14 of the Port Services Act 1995 substitute—

'PART 11—ABOLITION OF PORT

AUTHORITIES

153. Definitions

(1) In this Part—

"port authority instrument", in relation to

(including a legislative instrument other
than this Act and regulations under this

a port authority, means an instrument under a Port Act) subsisting

Port Services (Amendment) Act 1997

s. 8	Act No. 63/1997
immediately before the port authority abolition date—

(a)	to which the port authority was a party; or
(b)	that was given to or in favour of the port authority; or

(c) that refers to the port authority; or

(d) under which—

(i)

money is, or may become, authority; or

(ii)  other property is to be, or may become liable to be, transferred to or by the port

authority—

but does not include a former port
authority instrument within the

meaning of Part 8.

(2) The Governor in Council may, by Order

published in the Government Gazette, fix the port authority abolition date for the purposes of a port authority.

154.  Transfer of property to SEC and abolition of port authorities

On the port authority abolition date—

(a)	all property and rights of the port authority, wherever located, vest in SEC subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
(b)

all liabilities of the port authority, SEC; and

Port Services (Amendment) Act 1997

Act No. 63/1997	s. 8
(c)	SEC becomes the successor in law of the port authority; and

(d) the port authority is abolished.

155.

Substitution of party to agreement liabilities of a port authority under an agreement vest in, or become liabilities of, SEC—

(a)	SEC becomes, on the port authority abolition date, a party to the agreement in place of the port authority; and
(b)	on and after the port authority abolition date, the agreement has effect as if SEC had always been a party to the

agreement.

156. A port authority instrument continues to

Port authority instruments the port authority abolition date as if a reference in the instrument to the port authority were a reference to SEC.

157. Where, immediately before the port authority

Proceedings arbitration proceedings) to which the port authority was a party were pending or existing in any court or tribunal, then, on and after the port authority abolition date, SEC is substituted for the port authority as a party to the proceedings and has the same rights in the proceedings as the port authority had.

158.

Interests in land Part and despite anything to the contrary in

Port Services (Amendment) Act 1997

s. 8 Act No. 63/1997

any other Act or law, if, immediately before abolition date—

the port authority abolition date, the port
authority was the registered proprietor of an
interest in land under the Transfer of Land

(a)	SEC is to be taken to be the registered proprietor of that interest in land; and
(b)	SEC has the same rights and remedies in respect of that interest as the port authority had.

159. Amendment of Register

(1) The Registrar of Titles, on being requested to

do so and on delivery of any relevant
certificate of title or instrument, must make
any amendments in the Register that are
necessary because of the operation of this
Part.

(2) The Registrar-General must make all entries

on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of this Part.

(3) If any land vested under this Part is not

Crown land and is not under the operation of the Transfer of Land Act 1958, SEC must, as soon as practicable after the land vests in accordance with this Part, cause a memorial of the certificate of the chief executive
officer of the port authority concerned (that complies with Part 1 of the Property Law Act 1958) to be delivered to the office of the

Registrar-General and, for the purposes of that Part, that certificate must be taken to be an instrument affecting land.

Port Services (Amendment) Act 1997

s. 9
s. 9

Act No. 63/1997

160.

Taxes under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given.

161. Evidence

(1) Documentary or other evidence that would

have been admissible for or against the
interests of a port authority if this Part had
not been enacted, is admissible for or against
the interests of SEC.

(2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of a port authority and to entries made in those books of account

before the port authority abolition date.

(3) In sub-section (2), "books of account" has the same meaning as in Division 3A of Part III of the Evidence Act 1958.'.

9. Statute law revision

(1) In section 23H(1) of the Pollution of Waters by Oil and Noxious Substances Act 1986, in the	No. 27/1986. Reprint No. 2
as at 27

definition of "transfer operation" for "mean"	February
substitute "means".	1997.

(2) In section 189(7) and (8) of the Port Services Act

1995, for "Water" substitute "Waters".

(3) Part 10 of the Port Services Act 1995 is

repealed.

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Port Services (Amendment) Act 1997

s. 10 Act No. 63/1997

PART 3—REPEAL OF PORT ACTS

10. Repeal of Port Acts

No. 6262.	(1) The Port of Geelong Authority Act 1958 is
Reprint No. 5
as at 1	repealed.
February 1997. Further amended by No. 82/1995.
No. 6312.	(2) The Port of Melbourne Authority Act 1958 is
Reprint No. 5
as at 27	repealed.
March 1997.
Further
amended by
Nos. 82/1995
and 50/1997.
No. 6340.	(3) The Port of Portland Authority Act 1958 is
Reprint No. 4
as at 31	repealed.
October 1996. Further amended by Nos. 82/1995 and 100/1995.

(4) An Act specified in the heading to an item in the Schedule is amended as set out in that item.

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Port Services (Amendment) Act 1997

Act No. 63/1997 s. 11

PART 4—AMENDMENT OF STATE ELECTRICITY

COMMISSION ACT 1958

11. Definitions

In section 3(1) of the State Electricity	No. 6377. Reprinted to
Commission Act 1958, after the definition of	No. 79/1995.
"Part" insert—	Subsequently amended by
' "Ports Fund" means the Fund established under	Nos. 8/1996,
48/1996,
section 84A;'.	14/1997, 35/1997 and
36/1997.

12. Amendment of section 12A

In section 12A(1)(e) of the State Electricity the port property referred to in section 85(3)".

13. New section 12C inserted

After section 12B of the State Electricity

Commission Act 1958 insert—

"12C. Functions and powers in relation to ports

(1) The functions of the Commission in relation to ports are—

(a)	to carry out the functions conferred on it by the Port Services Act 1995;
(b)	to administer and deal with property and rights vested in, or liabilities acquired by, the Commission under the Port Services Act 1995;
(c)	to acquire and dispose of real or personal property relating to its functions under this section;
(d)	to carry out such other functions in relation to ports as are conferred on the Commission by this or any other Act.

Port Services (Amendment) Act 1997

s. 14 Act No. 63/1997

(2) The Commission may do all things necessary

or convenient to be done for, or in
connection with, the performance of its
functions under sub-section (1).

(3) The Commission—

(a)	may promote, form or participate in partnerships, trusts, unincorporated joint ventures and other arrangements
for the carrying out of its functions and powers under this section; and
(b)	may facilitate and assist any person, joint venture, partnership, trust or body to perform any act that is consistent with, or conducive to, the fulfilment of the Commission's functions under sub- section (1).".

14. New section 84A inserted

After section 84 of the State Electricity

Commission Act 1958 insert—

'84A. Ports Fund

(1) The Commission must establish a fund to be called the "Ports Fund".

(2) There shall be paid into the Ports Fund—

(a) all money received by the Commission in respect of, or in connection with, the carrying out of its functions under

section 12C;

(b)	all income from the investment of money in the Fund and the proceeds of sale of any such investment;
(c)

all financial accommodation obtained functions under section 12C;

Port Services (Amendment) Act 1997

Act No. 63/1997 s. 15

(d) all other money that the Commission receives for payment into the Ports Fund or in respect of the port property within the meaning of section 85(3).

(3) There shall be paid out of the Ports Fund—

(a)	all amounts payable by the Commission in respect of its functions under section 12C; and
(b)	all costs and expenses incurred by the Commission in relation to those functions; and
(c)	all amounts that are to be transferred under sub-section (4).

(4) There shall be transferred from the Ports

Fund to the Consolidated Fund by the
Commission such amounts, at such times and
in such manner, as are determined by the
Treasurer after consultation with the

Commission.'.

15. Port property

(1) In section 85 of the State Electricity

Commission Act 1958, after sub-section (2)
insert—
"(3) The assets and liabilities of the Ports Fund

and the property, rights and liabilities of the
Commission relating to its functions under
section 12C are the port property of the

Commission.".

(2) In section 85A(1) of the State Electricity

Commission Act 1958, at the end of paragraph

(b) insert—

"; and

Port Services (Amendment) Act 1997

s. 16 Act No. 63/1997

(c) the transactions and affairs relating to its port property within the meaning of section 85(3).".

(3) In section 85A(2) of the State Electricity

Commission Act 1958—

(a) in paragraph (a), after "12B" insert "or 12C";

(b) at the end of paragraph (b) insert—

"; and

(c) its report of operations for the financial year relating to its functions under section 12C.".

(4) In section 85A(3) of the State Electricity

Commission Act 1958, at the end of paragraph

(b) insert—

"; and

(c) the statements in respect of the port property within the meaning of section 85(3).".

16. Guarantees, etc.

In section 85B(1) of the State Electricity

Commission Act 1958—

(a) in paragraph (a) after "12B" insert "or 12C";

(b) at the end of paragraph (b) insert—

"; or

(c)

obligations or liabilities of the under section 12C.".

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Port Services (Amendment) Act 1997

Act No. 63/1997 Sch.

SCHEDULE

CONSEQUENTIAL AMENDMENTS

1. Docklands Authority Act 1991

1.1 In section 10(j) omit "the Port of Melbourne Authority Act 1958 and the Minister administering".

1.2 In section 28(2) omit "Port of Melbourne Authority,".
1.3 In section 32(1)(a) omit "the Port of Melbourne Authority,".
1.4 In section 32(1), for paragraph (d) substitute—

"(d) that land divested under this Act from the Port of Melbourne Authority vests in the Melbourne Port Corporation;".

1.5 In section 32(1), paragraph (e) is repealed.

1.6 In section 32(2) omit "the Port of Melbourne Authority

Act 1958 or".

2. Land Act 1958

In section 385(2), paragraph (b) is repealed.

3. Metropolitan Fire Brigades Act 1958

3.1 In section 4(2), for paragraphs (a) and (aa) substitute—

"(a) the Melbourne port area within the meaning of the

Port Services Act 1995; and

(ab) land which is vested in or purchased or acquired by, or is under the management of, the Melbourne Port Corporation; and".

3.2 In section 32B(5), for "Port of Melbourne Authority

1958 designated for that purpose by that Authority" substitute "Melbourne Port Corporation established by	established under the Port of Melbourne Authority Act designated for that purpose by that Corporation".
Port Services (Amendment) Act 1997

Sch. Act No. 63/1997

4. Transport Act 1983

In the definition of "Associated Authority" in section 2(1), paragraphs (b), (c) and (d) are repealed.

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Port Services (Amendment) Act 1997

Act No. 63/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 15 October 1997

The long title for the Bill for this Act was "to amend the Port Services
Act 1995 and the State Electricity Commission Act 1958, to repeal the
Port of Melbourne Authority Act 1958, the Port of Geelong Authority
Act 1958, the Port of Portland Authority Act 1958 and for other
purposes."