South Australian Current Acts

SOUTH AUSTRALIAN PORTS (DISPOSAL OF MARITIME ASSETS) ACT 2000 - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"asset" includes—

            (a)         an interest in real or personal property;

            (b)         a contractual interest (including both contractual rights and contractual liabilities);

            (c)         an interest in legal proceedings;

"Corporation" means the South Australian Ports Corporation;

"land" includes—

            (a)         a subsurface stratum (which may terminate at a particular subsurface level or extend downwards without defined limit);

            (b)         a stratum of airspace (which may terminate at a specified level or extend upwards without defined limit);

"lease" includes—

            (a)         a sub-lease or other derivative of a lease;

            (b)         hire of personalty;

            (c)         a licence;

"maritime asset" means—

            (a)         a port that was, at the commencement of this Act, vested in the Corporation; or

            (b)         any asset vested in the Corporation associated with the operation of such a port;

            (c)         any asset transferred to a State-owned company or other authorised transferee by a transfer order under this Act;

            (d)         any other asset of the Corporation or the Crown that is, by direction of the Minister, to be regarded as a maritime asset;

"maritime liability" means a liability of the Corporation as at the commencement of this Act and includes a liability transferred to a State-owned company or other authorised transferee by a transfer order under this Act;

"memorandum of understanding" means a memorandum of understanding between the Government and the Maritime Union of Australia and the Australian Maritime Officers Union about the rights of employees in the event of their transfer to private employment under this Act;

"quarter" means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year;

"sale/lease agreement"—see section 7;

"State-owned company" means—

            (a)         a company incorporated under the Corporations Law in which all the issued shares are held by Ministers of the Crown or their nominees, nominated by the Minister by notice in the Gazette as a State-owned company for the purposes of this Act; or

            (b)         a subsidiary of such a company within the meaning of the Corporations Law ;

"subjacent land" means land that lies below the water in a harbor or port;

"transfer order"—see section 6.