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ELECTRICITY NETWORK ASSETS (AUTHORISED TRANSACTIONS) ACT 2015 - SECT 16
Transaction companies
16 Transaction companies
(1) The Treasurer may for the purposes of an authorised transaction establish,
or direct the establishment of, companies as transaction companies in any of
the following ways-- (a) the formation or acquisition by or on behalf of the
State or a SOC of a company limited by shares, so that all the issued shares
in the company are held by or on behalf of the State or a SOC (or both),
(b)
the formation or acquisition of a company as a wholly owned subsidiary company
of a transaction company,
(c) the conversion of an electricity network SOC or
transaction SOC into a company limited by shares as provided by Schedule 3.
(2) A transaction company that is a public sector agency may be converted from
one kind of company to any other kind of company.
(3) Except by express
agreement with the Treasurer-- (a) a transaction company is not and does not
represent the State, and
(b) the debts, liabilities and obligations of a
transaction company are not guaranteed by the State.
(4) The Treasurer may
act for or on behalf of the State, a SOC or a transaction company that is a
public sector agency in connection with the rights, privileges and benefits,
and the duties, liabilities and obligations, of the State, a SOC or a
transaction company as the holder of shares or other securities in or issued
by a transaction company.
(5) Shares and other securities in or issued by a
transaction company that is a public sector agency may be issued or
transferred in accordance with the directions of the Treasurer. The Treasurer
may on behalf of the State, a SOC or a transaction company that is a public
sector agency, enter into and carry out transaction arrangements for the issue
or transfer of shares and other securities in or issued by a transaction
company.
(6) If an electricity network SOC becomes a transaction company by
being converted into a company under this section, a reference in this Act to
the electricity network SOC includes a reference to that transaction company.
(7) The provisions of this section are declared to be Corporations legislation
displacement provisions for the purposes of section 5G of the Corporations Act
in relation to the provisions of the Corporations legislation generally.
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