Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 70, 1994
Compilation No. 10
Compilation date: 30 March 2018
Includes amendments up to: Act No. 23, 2018
Registered: 10 April 2018
About this compilation
This compilation
This is a compilation of the Moomba-Sydney Pipeline System Sale Act 1994 that shows the text of the law as amended and in force on 30 March 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
Division 1--Short title and commencement
1 Short title
2 Commencement
Division 2--Definitions and binding the Crown
3 Definitions
4 The sale day
5 Act binds the Crown
Part 2--Transfers etc. of assets etc. to Newco and the Commonwealth
Division 1--Transfer of certain assets etc. relating to the Moomba-Sydney pipeline system from the Authority and Pacenco to Newco
Subdivision A--Nomination of Newco
6 Nomination of Newco
Subdivision B--Certain staff members of the Authority to become employees of Newco
7 Staff member of the Authority may consent to being employed by Newco
8 Certain staff members of the Authority to become employees of Newco
9 Subdivision not to affect certain matters relating to transferring staff members
10 Variation of terms and conditions of employment
11 Transferring staff member not to be eligible for re-appointment under the Public Service Act 1922
Subdivision C--Transfer of certain assets etc. relating to the Moomba-Sydney pipeline system business from the Authority and Pacenco to Newco
12 Certain assets and liabilities of the Authority and Pacenco to become assets and liabilities of Newco
13 References in certain instruments to the Authority or Pacenco to be references to Newco on and after the sale day
Division 2--Provisions relating to the transfer of dual destination interests to the Commonwealth and Newco
14 Dual destination interests become assets of Newco and the Commonwealth
15 Dual destination instruments that do not create easements
16 Dual destination instruments that create easements
Division 3--Transfer to the Commonwealth of certain assets and liabilities and provisions relating to certain obligations of the Authority or Pacenco
17 Transfer to the Commonwealth of easements of the Authority or Pacenco that are not specified in the easement agreement
18 Instruments relating to the easements of the Authority or Pacenco that are not specified in the easement agreement
19 Commonwealth-guaranteed debts of the Authority become debts of the Commonwealth
20 Instruments relating to Commonwealth-guaranteed debts
21 Commonwealth and Authority liable to pay certain amounts in relation to Commonwealth-guaranteed debts
22 Commonwealth liable to pay an amount to the Authority equal to Authority's debts to the Commonwealth and set-off of debts
23 Cancellation of debts owed by Pacenco to the Authority
Division 4--Exemption from State and Territory stamp duties
24 Exemption from certain State and Territory stamp duties
Division 5--Miscellaneous provisions relating to the transfer of assets etc. under Divisions 1, 2 and 3
25 Certificates in relation to interests in land
26 Certificates in relation to other assets
27 Ending of certain rights that restrict the transfer of the Moomba-Sydney pipeline system
28 Authority, Pacenco and Commonwealth to take steps necessary to carry out transfers
29 Extraterritorial operation of Subdivision
30 Part to have effect in spite of laws and agreements prohibiting transfer etc.
31 Compensation for acquisition of property
Part 3--Transitional and saving provisions in respect of employees of Newco that relate to the sale of shares in Newco by the Commonwealth
Division 1--Certain staff members of the Authority taken to have resigned
32 Certain staff members of the Authority taken to have resigned
Division 2--Transitional and saving provisions in relation to long service leave
33 Definitions
34 Long service leave for employees with less than 10 years service
35 Payments in lieu of long service leave for employees with less than 10 years service
36 Payments on the death of an employee
37 Employee's long service leave credit for the purposes of sections 34 and 35
38 Division not to affect an employee's post-sale long service leave rights
39 Saving--Long Service Leave Act
Division 3--Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988
40 Interpretation
41 Transitional provisions relating to the SRC Act that relate to certain Newco body employees
42 Commonwealth liable to meet certain SRC Act liabilities and to be taken to be the employer in certain circumstances under the SRC Act
Division 4--Transitional and saving provisions in relation to superannuation and other retirement benefits
43 Saving--deferred benefits under the Superannuation Act 1922
44 Savings--deferred benefits under the Superannuation Act 1976
45 Contribution day for the purposes of the Superannuation Act 1976
46 Saving--deferred benefits under the DFRDB Act
Division 5--Other transitional and saving provisions
47 Transitional maternity leave provisions for maternity leave beginning after the sale day
48 Transitional maternity leave provisions for staff members of the Authority who are on maternity leave immediately before the sale day
49 Cessation of mobility rights
Part 4--Other provisions relating to the sale of shares in Newco by the Commonwealth
50 Transitional provision relating to the Crimes (Superannuation Benefits) Act 1989
51 Commonwealth payment to Newco
52 Newco not to be taken to be established by the Commonwealth
53 Exemption from State and Territory stamp duties
55 Ending the Authority's liability under the Commonwealth Guarantees (Charges) Act 1987
Part 5--Post-sale day staff provisions
56 Transfer time
57 Staff members who receive a Newco employment offer after sale day
58 Certain staff members of the Authority who received a Newco employment offer under section 57 taken to have resigned
59 Staff members who receive a second Newco employment offer may consent to being employed by Newco after the sale day
60 Certain staff members of the Authority to become employees of Newco
61 Part not to affect certain matters relating to transferring staff members
62 Variation of terms and conditions of employment
63 Post-sale transferee not to be eligible for re-appointment under the Public Service Act 1922
64 Certain staff members of the Authority taken to have resigned
65 Application of other transitional and saving provisions
Part 7--Amendments of the Pipeline Authority Act 1973
147 Principal Act
148 Interpretation
149 Membership of Authority
150 Leave of absence
151 Chief Executive Officer
152 Acting appointments--part-time directors
153 Meetings of Authority
154 Repeal of section and substitution of new section
155 Duties of the Authority
156 Insertion of new section
157 Particular powers of the Authority
158 Repeal of section and substitution of new section
159 Repeal of sections 18A and 25
160 Repeal of section and substitution of new section
161 Repeal of section 33B
Part 8--Abolition of the Pipeline Authority
162 Principal Act
163 Definitions
164 Repeal of sections and substitution of new section
165 Repeal of Parts II, III, IV and VI
166 Residual assets and liabilities to become Commonwealth assets and liabilities of the Commonwealth
167 Pending proceedings
168 Minister may dispose of or deal with residual assets
169 Exemption from certain State and Territory stamp duties
170 Certificates in relation to interests in land
171 Certificates in relation to other assets
172 Part to have effect in spite of laws and agreements prohibiting transfer etc.
173 Saving and transitional matters
Part 8A--Transfer of easements by the Commonwealth
173A Interpretation
173B Transfer of MSP easements
173C Instruments relating to transferred easements
173D Certificates in relation to interests in land
173E Part to have effect in spite of laws prohibiting transfers
173F Exemption from certain State and Territory stamp duties
Part 9--Miscellaneous
174 Regulations
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
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.
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) |
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
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Moomba-Sydney Pipeline System Sale Act 1994 | 70, 1994 | 10 June 1994 | s 1-4, 6, 7: 10 June 1994 (s 2(1)) Remainder: 30 June 1994 (gaz 1994, No. S272 and s 2(2), (3)) |
|
167, 1994 | 16 Dec 1994 | Part 2 (s 3-5): 30 June 1994 (s 2(2)) | -- | |
88, 1995 | 20 July 1995 | Sch 3 (in Part): 6 Nov 1995 (gaz 1995, No. S423 and s 2(2)) | -- | |
Workplace Relations and Other Legislation Amendment Act 1996 | 60, 1996 | 25 Nov 1996 | Sch 19 (item 30): 25 Nov 1996 (s 2(1)) | s 2(2), (6) (am. by 77, 1996, Sch 3 [items 1, 2]) |
as amended by |
|
|
|
|
Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 | 77, 1996 | 19 Dec 1996 | Sch 3 (items 1, 2): 25 Nov 1996 (s 2(4)) | -- |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1997 | 94, 1997 | 30 June 1997 | Sch 5: 30 June 1997 | -- |
101, 1998 | 30 July 1998 | Sch 1 (items 2-4): 14 Aug 1998 (s 2(2)) | Sch 1 (items 3, 4) | |
8, 2005 | 22 Feb 2005 | s 4 and Sch 1 (items 172, 496): 22 Feb 2005 (s 2(1) items 1, 2, 10) | s 4 and Sch 1 (item 496) | |
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 | 54, 2009 | 25 June 2009 | Sch 17 (item 1): 1 July 2009 (s 2(1) item 40) | -- |
5, 2011 | 22 Mar 2011 | Sch 5 (items 125, 126): 19 Apr 2011 (s 2(1) item 13) | -- | |
62, 2014 | 30 June 2014 | Sch 10 (item 17) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
Treasury Laws Amendment (2018 Measures No. 1) Act 2018 | 23, 2018 | 29 Mar 2018 | Sch 1 (items 9, 75-79) |
Provision affected | How affected |
Part 1 |
|
Division 2 |
|
s. 3..................... | am. No. 60, 1996; No. 54, 2009; No. 5, 2011; No 62, 2014 |
Part 2 |
|
Division 2 |
|
s. 16.................... | am. No. 167, 1994 |
Division 3 |
|
s. 18.................... | am. No. 167, 1994 |
Part 4 |
|
s. 50.................... | am. No. 8, 2005 |
s. 51.................... | am. No. 5, 2011 |
s 54.................... | rep No 23, 2018 |
Part 6................... | rep. No. 101, 1998 |
s. 66.................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 67-71................. | rep. No. 101, 1998 |
s. 72.................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 73.................... | rep. No. 101, 1998 |
ss. 74-77................. | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to Subdiv. A of | am. No. 88, 1995 |
Heading to s. 78............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 78.................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 79............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 79.................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 80............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 80.................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 81............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 81, 82................. | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 83............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 83, 84................. | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 85............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 85, 86................. | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 87............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 87.................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 88............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 88, 89................. | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 90............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 90.................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 91............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 91.................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 92............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 92, 93................. | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 94............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 94, 95................. | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 96............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 96-98................. | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 99............ | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 99.................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 100........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 100................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 101........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 101, 102............... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 103................... | rep. No. 101, 1998 |
s. 104................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to Div. 5 of Part 6..... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 105-107............... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 108........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 108................... | rep. No. 101, 1998 |
Heading to s. 109........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 109................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 110........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 110................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 111, 112............... | rep. No. 101, 1998 |
ss. 113, 114............... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 115-121............... | rep. No. 101, 1998 |
ss. 122, 123............... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 124........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 124................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 125-130............... | rep. No. 101, 1998 |
Heading to s. 131........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 131................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 132........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 132................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 133........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 133................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 134................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 135........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 135................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
Heading to s. 136........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 136................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 137,138................ | rep. No. 101, 1998 |
Heading to s. 139........... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 139................... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
s. 140................... | rep. No. 101, 1998 |
ss. 141-143............... | am. No. 88, 1995 |
| rep. No. 101, 1998 |
ss. 144-146............... | rep. No. 101, 1998 |
Part 8A |
|
Part 8A.................. | ad. No. 94, 1997 |
ad. No. 94, 1997 | |
Part 9 |
|
s. 174................... | am. No. 88, 1995 |