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This is a Bill, not an Act. For current law, see the Acts databases.


PORTS ASSETS (AUTHORISED TRANSACTIONS) AMENDMENT BILL 2013





Ports Assets (Authorised
Transactions) Amendment Bill 2013
No     , 2013


A Bill for

An Act to amend the Ports Assets (Authorised Transactions) Act 2012 to extend the
operation of that Act to Port of Newcastle; and for other purposes.
Clause 1      Ports Assets (Authorised Transactions) Amendment Bill 2013




The Legislature of New South Wales enacts:                                    1

 1    Name of Act                                                             2

           This Act is the Ports Assets (Authorised Transactions) Amendment   3
           Act 2013.                                                          4

 2    Commencement                                                            5

           This Act commences on the date of assent to this Act.              6




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Ports Assets (Authorised Transactions) Amendment Bill 2013

Amendment of Ports Assets (Authorised Transactions) Act 2012 No 101       Schedule 1




Schedule 1             Amendment of Ports Assets (Authorised                                1
                       Transactions) Act 2012 No 101                                        2

[1]   Section 3 Interpretation--key definitions                                             3

      Insert ", Port of Newcastle" after "Botany Bay" in the definition of associated       4
      port land.                                                                            5

[2]   Section 3, definition of "Port of Newcastle land"                                     6

      Insert in alphabetical order:                                                         7

                    Port of Newcastle land means land at Port of Newcastle that is          8
                    ports assets.                                                           9

[3]   Section 3, definition of "port SOC"                                                  10

      Insert ", the Newcastle Port Corporation" after "Port Kembla Port                    11
      Corporation".                                                                        12

[4]   Section 4 Authorised transfer of ports assets                                        13

      Insert ", Port of Newcastle land" after "Port Kembla land" wherever occurring        14
      in section 4 (1) (a) and (b).                                                        15

[5]   Schedule 1 Interpretative provisions                                                 16

      Insert in alphabetical order in clause 1:                                            17

                    Port of Newcastle land--see section 3.                                 18

[6]   Schedule 5 Savings, transitional and other provisions                                19

      Insert ", the Newcastle Port Corporation" after "Port Kembla Port                    20
      Corporation" wherever occurring in clauses 2 and 3.                                  21

[7]   Schedule 5                                                                           22

      Insert after Part 2:                                                                 23


      Part 3        Provision consequent on enactment of                                   24
                    Ports Assets (Authorised Transactions)                                 25
                    Amendment Act 2013                                                     26

        5    Application of provisions to Port of Newcastle                                27

                    A reference in the following provisions to the date of assent to       28
                    this Act is, in the application of those provisions to or in respect   29
                    of the Newcastle Port Corporation, to be read as a reference to the    30




                                                                               Page 3
             Ports Assets (Authorised Transactions) Amendment Bill 2013

Schedule 1   Amendment of Ports Assets (Authorised Transactions) Act 2012 No 101




                date of assent to the Ports Assets (Authorised Transactions)       1
                Amendment Act 2013:                                                2
                section 22 (Acquisition of land by Ports Assets Ministerial        3
                Holding Corporation)                                               4
                clause 1 of Schedule 3 (Corporate conversion of port SOCs and      5
                transaction SOCs)                                                  6




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Ports Assets (Authorised Transactions) Amendment Bill 2013

Amendment of Ports and Maritime Administration Act 1995 No 13           Schedule 2




Schedule 2                Amendment of Ports and Maritime                                 1
                          Administration Act 1995 No 13                                   2

[1]   Section 3 Definitions                                                               3

      Insert ", Newcastle" after "Botany Bay" in the definition of private port in        4
      section 3 (1).                                                                      5

[2]   Section 37 Directions to maintain or improve safety and security                    6

      Insert at the end of paragraph (b) of the definition of relevant port lease in      7
      section 37 (4):                                                                     8
                          , or                                                            9
                    (c) for Port of Newcastle--a lease to the port operator of land      10
                          at Port of Newcastle that comprised ports assets under the     11
                          Ports Assets (Authorised Transactions) Act 2012 before         12
                          being leased to the private sector for the purposes of an      13
                          authorised transaction under that Act.                         14

[3]   Section 47 Definitions generally                                                   15

      Omit paragraph (a1) of the definition of relevant port authority in                16
      section 47 (1).                                                                    17

      Insert instead:                                                                    18
                   (a1)    in relation to a navigation service charge for Port Kembla    19
                           or Port of Newcastle--each of the port operator of the port   20
                           and the appropriate public agency for the port, or            21

[4]   Section 59 Meaning of "site"                                                       22

      Insert after section 59 (9):                                                       23

            (10)    An area at the private port of Port of Newcastle that was a site     24
                    immediately before the commencement of this subsection (as           25
                    inserted by the Ports Assets (Authorised Transactions)               26
                    Amendment Act 2013) is deemed to be a site for the purposes of       27
                    this Division.                                                       28

[5]   Schedule 5 Savings, transitional and other provisions                              29

      Omit clause 1 (1). Insert instead:                                                 30

             (1)    The regulations may contain provisions of a savings or               31
                    transitional nature consequent on the enactment of this Act or any   32
                    Act that amends this Act.                                            33




                                                                              Page 5
               Ports Assets (Authorised Transactions) Amendment Bill 2013

Schedule 2     Amendment of Ports and Maritime Administration Act 1995 No 13




[6]   Schedule 5, clause 22                                                             1
      Insert ", Port of Newcastle" after "Botany Bay" in the definition of settlement   2
      day.                                                                              3




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