Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"AGL" means The Australian Gas Light Company.
"asset" means:
(a) any legal or equitable estate or interest in real or personal property, including a contingent or prospective one; and
(b) any right, privilege or immunity, including a contingent or prospective one;
but does not include a Commonwealth record under the Archives Act 1983 .
"asset purchase agreement" means the agreement made between the Commonwealth and Newco on the sale day for the sale of the Moomba - Sydney pipeline system.
"authorised person" means:
(a) the Minister; or
(b) a person authorised by the Minister, in writing, for the purposes of this Act.
"Authority" means the Pipeline Authority established by the Pipeline Authority Act 1973 .
"Authority instrument" means an instrument that is specified in Schedule 3 to the asset purchase agreement.
"Commonwealth-AGL agreement" means the agreement made between the Commonwealth and AGL on 18 November 1993 in relation to the sale of the Moomba - Sydney pipeline system.
"Commonwealth-guaranteed debt" means a debt and any other related obligations whose performance is guaranteed by the Commonwealth.
"DFRDB Act" means the Defence Force Retirement and Death Benefits Act 1973 .
"dual destination instrument" means an Authority or Pacenco instrument, that relates to a dual destination interest.
"dual destination interest" means an easement or other right in relation to land, that is specified in the easement agreement.
"easement agreement" means the agreement made between the Commonwealth and Newco on the sale day in relation to their ownership as tenants in common of all dual destination interests.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"instrument" includes a document but does not include a Commonwealth legislative instrument other than an instrument under the Lands Acquisition Act 1955 , the Lands Acquisition Act 1989 or the Industrial Relations Act 1988 .
"land" means:
(a) a legal or equitable estate or interest in land; or
(b) a right, power or privilege in relation to land.
"liabilities" means liabilities and duties, including contingent or prospective ones.
"Long Service Leave Act" means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.
"Maternity Leave Act" means the Maternity Leave (Commonwealth Employees) Act 1973 .
"Newco" means the body corporate nominated under section 6.
"Newco body" means Newco or a Newco subsidiary.
"Pacenco" means Pacenco Proprietary Limited (A.C.N. 060 349 948).
"Pacenco instrument" means an instrument that is specified in Schedule 4 to the asset purchase agreement.
"petroleum" means any of the following, whether in a gaseous, liquid or solid state:
(a) any naturally occurring hydrocarbon;
(b) any naturally occurring mixture of hydrocarbons;
(c) any naturally occurring mixture of one or more hydrocarbons and one or more of the following:
(i) hydrogen sulphide;
(ii) nitrogen;
(iii) helium;
(iv) carbon dioxide;
(d) any hydrocarbon or mixture of hydrocarbons produced by refining a substance referred to in paragraph (a), (b) or (c);
(e) any mixture of a hydrocarbon or hydrocarbons so produced with another substance or other substances.
"post-sale transferee" means a staff member of the Authority who becomes employed by Newco under subsection 57(2) or 60(2).
"sale day" has the meaning given by subsection 4(1).
"share" , in relation to a body corporate, means a share in the body corporate's share capital.
"SRC Act" means the Safety, Rehabilitation and Compensation Act 1988 .
"staff member of the Authority" means a person who is an officer (other than a director) or employee of the Authority.
"staff transfer agreement" means the agreement made between:
(a) AGL on its own behalf and on behalf of other prospective buyers of shares in Newco; and
(b) the unions who represent the staff of the Authority; and
(c) the Authority;
before the sale day in relation to the transfer of staff to Newco.
"transferring staff member" means a staff member of the Authority who becomes employed by Newco under subsection 8(2).
(2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined under the Corporations Law.