National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Shepparton) Notice 2017

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Legislation au F2017L01598 In force Legislative Instrument

Legislation content

National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Shepparton) Notice 2017

made under subsection 18(6) of the

National Transmission Network Sale Act 1998

Compilation No. 1

Compilation date:   10 August 2018

Includes amendments up to: F2018L01097

Registered:    15 August 2018

 

About this compilation

This compilation

This is a compilation of the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Shepparton) Notice 2017 that shows the text of the law as amended and in force on 10 August 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

1  Name

  This instrument is the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Shepparton) Notice 2017.

3  Authority

  This instrument is made under subsection 18(6) of the National Transmission Network Sale Act 1998.

4  Definitions

  In this instrument:

Act means National Transmission Network Sale Act 1998.

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) asset.

5  Exemption

  For the purposes of subsection 18(5) of the Act, each of the following assets is exempted from the operation of section 18 of the Act:

 (a) the land described as Lot 1 on Title Plan 639312E (formerly known as part of Crown Allotment 106 Parish of Shepparton) in Volume 10758 Folio 735; and

 (b) the land described as Lot 1 on Title Plan 639310J (formerly known as part of Crown Allotment 106 Parish of Shepparton) in Volume 10758 Folio 736; and

 (c) the land described as Crown Allotment 105B Parish of Shepparton in Volume 10758 Folio 737; and

 (d) the land described as Lot 1 on Title Plan 639309S (formerly known as part of Crown Allotment 106 Parish of Shepparton) in Volume 10758 Folio 738; and

 (e) the land described as Crown Allotments 105 and 105A Parish of Shepparton in Volume 10758 Folio 739;

each being land situated at 490 Verney Road, Congupna, Victoria, and that were together identified as site number 3046 (Shepparton) in Part 1 of Schedule A to the declaration made under subsections 9(1) and (2) of the Act (dated 27 April 1999 and published in the Gazette on 29 April 1999).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Shepparton) Notice 2017

7 Dec 2017 (F2017L01598)

8 Dec 2017 (s 2)

 

National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Shepparton) Amendment Notice 2018

9 Aug 2018 (F2018L01097)

10 Aug 2018 (s 2)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 5.....................

am F2018L01097

 

Overview

The National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Shepparton) Notice 2017 was made under subsection 18(6) of the National Transmission Network Sale Act 1998, aiming to address specific issues regarding the transfer of assets in the Shepparton area. This legislative instrument was enacted to provide an exemption from the restrictions on the transfer of certain assets as outlined in the Act. The exemption is intended to facilitate the transfer of specified assets, which are crucial for the operation of the national transmission network, by circumventing the restrictions set forth in section 18 of the Act. The notice identifies particular parcels of land located at 490 Verney Road, Congupna, Victoria, as being exempt from the operation of section 18, thereby allowing for their transfer under the conditions specified in the notice. The National Transmission Network Sale Act 1998 was enacted by the Australian Parliament to manage the sale of the national transmission network and associated assets. The policy objective behind this legislative instrument is to ensure the smooth transition and operational continuity of the transmission network by addressing specific local concerns related to asset transfers. This notice is a practical measure to streamline the process of transferring critical assets while adhering to the overarching framework established by the Act.

Scope and Application

The National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Shepparton) Notice 2017 provides an exemption from certain restrictions on the transfer of assets specified in the National Transmission Network Sale Act 1998. This notice is applicable to particular parcels of land located at 490 Verney Road, Congupna, Victoria, which were identified as site number 3046 (Shepparton) in the Schedule A of the declaration made under the Act. These lands, including those described as Lot 1 on Title Plan 639312E, Lot 1 on Title Plan 639310J, Crown Allotment 105B, Lot 1 on Title Plan 639309S, and Crown Allotments 105 and 105A in the specified volumes and folios, are exempted from the operation of section 18 of the Act. This exemption applies specifically to these delineated properties within the Shepparton region of Victoria. The notice is a legislative instrument made under subsection 18(6) of the Act, and its jurisdictional reach is limited to the Commonwealth of Australia. There are no stated exclusions or exemptions beyond the specified properties, and the notice does not extend or restrict application through subordinate instruments.

Key Provisions

The National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Shepparton) Notice 2017 (the Notice) operates under subsection 18(6) of the National Transmission Network Sale Act 1998 (the Act). The primary objective of the Notice is to exempt specific assets from the restrictions on transfer imposed by section 18 of the Act. These assets include certain land parcels located at 490 Verney Road, Congupna, Victoria. The exempted assets are identified by their respective title plans and folios, and include Lot 1 on Title Plan 639312E, Lot 1 on Title Plan 639310J, Crown Allotment 105B, Lot 1 on Title Plan 639309S, and Crown Allotments 105 and 105A, all within Volume 10758. Under the Notice, the specified land parcels are exempt from the transfer restrictions outlined in section 18 of the Act. This exemption applies to these particular assets, identified by their unique title plans and folios. The Notice ensures that these land parcels can be transferred without being subject to the restrictions that would otherwise apply under section 18 of the Act. This exemption is intended to facilitate the transfer of these assets, likely to support the operations or objectives of the National Transmission Network. The Notice imposes obligations on the parties involved in the transfer of the exempted assets. It is crucial that these parties adhere to the conditions and requirements set out in the Notice to ensure that the exemptions are properly applied. Compliance with the Notice is essential to avoid any unintended consequences that may arise from non-compliance with the Act. The Act provides for potential civil and criminal consequences for non-compliance with its provisions. Section 33 of the Act outlines that any person who contravenes a provision of the Act may be subject to a civil penalty. The maximum penalty for such an offence is outlined in section 34, where a person found guilty of a civil penalty offence can be fined up to the greater of $22,200 or three times the value of the benefit obtained or the loss caused to another person. Additionally, section 35 of the Act allows for criminal penalties, including fines of up to $222,000 for individuals and up to $1,110,000 for bodies corporate, as well as potential imprisonment for serious offences. These penalties underscore the importance of adhering to the provisions of the Act and the Notice.

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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.