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GOVERNMENT OWNED CORPORATIONS AMENDMENT ACT 2007 No. 10 - SECT 61

61 Amendment of sch 4 (Application of chapter 3 of Act to company GOC subsidiaries)

(1) Schedule 4, part 1, section 3(1)--

insert--

'Note--
Changes, other than changes in definitions, are shown in italics. Citations of Acts and definitions are also shown in italics. Changes in definitions are shown in roman type. Provisions not applied are indicated by "(omitted)".'.

(2) Schedule 4, part 1, section 3(2), from 'before'--

omit, insert--

'after the commencement of the Government Owned Corporations Amendment Act 2007, part 2.'.

(3) Schedule 4, part 2, chapter 3, sections 69 and 70, 'Corporations Law'--

omit, insert--

'Corporations Act'.

(4) Schedule 4, part 2, chapter 3, sections 76 to 80--

omit, insert--

'(1) A company GOC subsidiary may have any number of shareholders.

'(2) Each shareholder must be a company GOC.

'(3) Each GOC that is a shareholder of the subsidiary is its shareholding GOC.

'(1) Each shareholding GOC need not have an equal number of shares.

'(2) (omitted)

'(3) (omitted)'.

(5) Schedule 4, part 2, chapter 3, section 81(2), 'memorandum or articles'--

omit, insert--

'constitution'.

(6) Schedule 4, part 2, chapter 3, section 83--

insert--

'Note--
Section 83 is not applied. The section applies to subsidiaries under its own force.'.

(7) Schedule 4, part 2, chapter 3, part 4 heading--

Note--
Part 4 is not applied. Sections 89 (Shareholding Ministers of company GOC may require amendment of subsidiary's constitution) and 90 (Constitutions of company GOC and its subsidiaries must not be inconsistent with Act or Corporations Act) apply to subsidiaries under their own force.'.

(8) Schedule 4, part 2, chapter 3, section 95(c), 'shareholders'--

omit, insert--

'shareholding GOCs'.

(9) Schedule 4, part 2, chapter 3, section 96(3)(a), 'memorandum and articles'--

omit, insert--

'constitution'.

(10) Schedule 4, part 2, chapter 3, section 102(1), from 'by the Governor'--

omit, insert--

'by the subsidiary's board with the prior written approval of the shareholding Ministers of each shareholding GOC of the subsidiary.'.

(11) Schedule 4, part 2, chapter 3, section 102(2)--

omit, insert--

'(2) Subsection (1) does not limit a provision of the subsidiary's constitution requiring the subsidiary's board to consult the board of a GOC that is a shareholder of the subsidiary before appointing the chief executive officer under the subsection.'.

(12) Schedule 4, part 2, chapter 3, part 6, division 2--

insert--

'(omitted)

Note--
Section 102A is not applied. The section applies to subsidiaries not prescribed under a regulation made under section 177(1).'.

(13) Schedule 4, part 2, chapter 3, after part 7 heading--

insert--

'Note--
Part 7 is not applied. Under section 104, a GOC's corporate plan must apply to the GOC and its subsidiaries.'.

(14) Schedule 4, part 2, chapter 3, after part 8 heading--

insert--

'Note--
Part 8 is not applied. Under section 112, a GOC's statement of corporate intent must apply to the GOC and its subsidiaries.'.

(15) Schedule 4, part 2, chapter 3, section 129--

omit.

(16) Schedule 4, part 2, chapter 3, section 130--

insert--

'Note--
Section 130 is not applied. The section applies to subsidiaries under its own force.'.

(17) Schedule 4, part 2, chapter 3, section 131(3)--

omit.

(18) Schedule 4, part 2, chapter 3, section 131(4)--

renumber as schedule 4, part 2, chapter 3, section 131(3).

(19) Schedule 4, part 2, chapter 3, section 146--

insert--

'Note--
Section 146 is not applied. The section applies to subsidiaries under its own force.'.

(20) Schedule 4, part 2, chapter 3, part 13, division 3, heading--

omit.

(21) Schedule 4, part 2, chapter 3, after part 14 heading--

insert--

'Note--
Part 14 is not applied. The part applies to subsidiaries under its own force.'.

(22) Schedule 4, part 2, chapter 3, section 162--

insert--

'Note--
Section 162 is not applied. The section applies to subsidiaries under its own force.'.

(23) Schedule 4, part 2, chapter 3, section 163--

insert--

'Note--
Section 163 is not applied. The section applies to subsidiaries under its own force.'.

(24) Schedule 4, part 2, chapter 3, after part 15A heading--

insert--

'Note--
Part 15A is not applied. The part applies to subsidiaries under its own force.'.

(25) Schedule 4, part 2, chapter 3, after part 16 heading--

insert--

'Note--
Part 16 is not applied. The part applies to subsidiaries under section 164.'.

(26) Schedule 4, part 2, chapter 3, part 17, division 1, heading--

omit, insert--

'(1) A company GOC subsidiary does not represent, and has never represented, the State.

'(2) Subsection (1) does not apply to the extent an Act expressly provides, or did provide, otherwise.

'(omitted)

Note--
Section 177 provides for the application of chapter 3 of the Act with the changes in this schedule to certain company GOC subsidiaries.'.

(27) Schedule 4, part 2, chapter 3, section 184--

omit, insert--

'A company GOC subsidiary is not a public authority under the Ombudsman Act 2001.'.



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