Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
METRO TASMANIA AMENDMENT BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - METRO TASMANIA ACT 1997 AMENDED
3. Principal Act
4. Long title amended
5. Section 4 amended (Formation of Company)
6. Section 5 amended (Principal objective of Company)
7. Section 10A inserted
10A. Members' statement of expectations
8. Section 16 repealed
9. Part 3A repealed
10. Sections 19B and 19C inserted
19B. Treasurer's Instructions
19C. Application of Corporations Act
11. Section 22 substituted
22. Transitional and savings provisions consequent on
Metro Tasmania Amendment Act 2018
PART 3 - METRO TASMANIA FARES ORDER 2016 AMENDED
12. Principal Order
13. Clause 7 revoked
[Bill 14]-II
PART 4 - ELECTRICITY COMPANIES ACT 1997 AMENDED
14. Principal Act
15. Section 11A inserted
11A. Members' statement of expectations
16. Section 16 repealed
17. Sections 21A and 21B inserted
21A. Treasurer's Instructions
21B. Application of Corporations Act
PART 5 - IRRIGATION COMPANY ACT 2011 AMENDED
18. Principal Act
19. Section 13 substituted
13. Members' statement of expectations
20. Section 24 repealed
21. Section 35A inserted
35A. Treasurer's Instructions
22. Section 36 amended (Application of Corporations Act)
PART 6 - RACING (TASRACING PTY LTD) ACT 2009 AMENDED
23. Principal Act
24. Section 8 repealed
25. Section 12 amended (Members' statement of expectations)
26. Section 21 repealed
27. Sections 28A and 28B inserted
28A. Treasurer's Instructions
28B. Application of Corporations Act
PART 7 - RAIL COMPANY ACT 2009 AMENDED
28. Principal Act
29. Section 15 amended (Guarantee fees)
30. Section 16 amended (Tax equivalents)
31. Section 20 amended (Members' statement of expectations)
32. Section 38A inserted
38A. Treasurer's Instructions
2
PART 8 - TT-LINE ARRANGEMENTS ACT 1993 AMENDED
33. Principal Act
34. Section 13 inserted
13. Members' statement of expectations
35. Section 18A repealed
36. Sections 21A and 21B inserted
21A. Treasurer's Instructions
21B. Application of Corporations Act
PART 9 - TASMANIAN PORTS CORPORATION ACT 2005
AMENDED
37. Principal Act
38. Section 13A inserted
13A. Members' statement of expectations
39. Section 17 amended (Guarantee fees)
40. Section 18 amended (Tax equivalents)
41. Section 29 substituted
29. Treasurer's Instructions
29A. Application of Corporations Act
PART 10 - MISCELLANEOUS
42. Repeal of Act
3
4
METRO TASMANIA AMENDMENT BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
12 June 2018
(Brought in by the Minister for Infrastructure, the Honourable
Jeremy Page Rockliff)
A BILL FOR
An Act to amend the Metro Tasmania Act 1997 to enable
Metro Tasmania to provide any form of public transport
and to repeal Part 3A of that Act, to amend that Act, and
certain other Acts under which state-owned companies are
formed, to allow the members of Metro Tasmania and of
those companies to provide statements of their expectations
and to require Metro Tasmania and those companies to
comply with Treasurer's Instructions issued under the
Government Business Enterprises Act 1995, to
consequentially amend the Metro Tasmania Fares Order
2016 and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Metro Tasmania
Amendment Act 2018.
[Bill 14] 5
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 2 Part 1 - Preliminary
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
6
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 2 - Metro Tasmania Act 1997 Amended s. 3
PART 2 - METRO TASMANIA ACT 1997 AMENDED
3. Principal Act
In this Part, the Metro Tasmania Act 1997* is
referred to as the Principal Act.
4. Long title amended
The long title of the Principal Act is amended by
omitting "road".
5. Section 4 amended (Formation of Company)
Section 4 of the Principal Act is amended by
omitting "a public transport system. " and
substituting "one or more public transport
systems.".
6. Section 5 amended (Principal objective of
Company)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting "road";
(b) by omitting "Tasmania" and substituting
"Tasmania, whether those services are by
road, rail, ferry or otherwise,".
*No. 78 of 1997
7
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 7 Part 2 - Metro Tasmania Act 1997 Amended
7. Section 10A inserted
After section 10 of the Principal Act, the
following section is inserted in Part 2:
10A. Members' statement of expectations
(1) The members are to provide the Board
with a statement of expectations.
(2) The statement of expectations is to
specify -
(a) the expectations of the members
in relation to the strategic
priorities of the Company; and
(b) the policy expectations of the
members for the performance of
the Company and its subsidiaries.
(3) The members, at any time, may at their
own discretion or on the application of
the Board -
(a) amend the statement of
expectations; or
(b) revoke the statement of
expectations and substitute
another statement of expectations.
(4) Before or while preparing a statement of
expectations or an amendment to a
statement of expectations, the members
are to consult with the Board.
8
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 2 - Metro Tasmania Act 1997 Amended s. 8
(5) A statement of expectations and an
amendment to a statement of
expectations are to be in writing and
signed by each member.
(6) A statement of expectations, or an
amendment to a statement of
expectations, takes effect on a day
specified in it, being a day not earlier
than the day on which the statement or
amendment is provided to the Company.
(7) The Minister must cause a copy of the
statement of expectations, or of an
amendment to a statement of
expectations, to be laid before each
House of Parliament within 10 sitting-
days after the statement or amendment
has been signed as required by
subsection (5).
8. Section 16 repealed
Section 16 of the Principal Act is repealed.
9. Part 3A repealed
Part 3A of the Principal Act is repealed.
10. Sections 19B and 19C inserted
After section 19A of the Principal Act, the
following sections are inserted in Part 4:
9
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 10 Part 2 - Metro Tasmania Act 1997 Amended
19B. Treasurer's Instructions
(1) In this section -
Treasurer's Instruction means a
Treasurer's Instruction issued
under section 114 of the
Government Business Enterprises
Act 1995.
(2) A Treasurer's Instruction applies to the
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(3) The Treasurer may issue Treasurer's
Instructions specifically in relation to the
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(4) The Company and each subsidiary of the
Company are to comply with all relevant
Treasurer's Instructions.
(5) The Treasurer may exempt the Company
or a subsidiary of the Company, or both,
from the obligation to comply with all or
part of a Treasurer's Instruction.
10
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 2 - Metro Tasmania Act 1997 Amended s. 11
19C. Application of Corporations Act
To the extent that a provision of this Act
is incapable of concurrent operation with
the Corporations Act, that provision is
declared to be a Corporations legislation
displacement provision for the purposes
of section 5G of the Corporations Act.
11. Section 22 substituted
Section 22 of the Principal Act is repealed and
the following section is substituted:
22. Transitional and savings provisions
consequent on Metro Tasmania Amendment
Act 2018
(1) In this section -
amended order means the Metro
Tasmania Fares Order 2016 as
amended by the Metro Tasmania
Amendment Act 2018;
commencement day means the day on
which the Metro Tasmania
Amendment Act 2018
commenced.
(2) Despite the repeal, by the Metro
Tasmania Amendment Act 2018, of Part
3A of this Act as in force immediately
before the commencement day, the
amended order remains in force until
revoked by the Minister by order.
11
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 11 Part 2 - Metro Tasmania Act 1997 Amended
(3) An order under subsection (2) is a
statutory rule within the meaning of the
Rules Publication Act 1953.
12
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 3 - Metro Tasmania Fares Order 2016 Amended s. 12
PART 3 - METRO TASMANIA FARES ORDER 2016
AMENDED
12. Principal Order
In this Part, the Metro Tasmania Fares Order
2016* is referred to as the Principal Order.
13. Clause 7 revoked
Clause 7 of the Principal Order is revoked.
*S.R. 2016, No. 86
13
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 14 Part 4 - Electricity Companies Act 1997 Amended
PART 4 - ELECTRICITY COMPANIES ACT 1997
AMENDED
14. Principal Act
In this Part, the Electricity Companies Act 1997*
is referred to as the Principal Act.
15. Section 11A inserted
After section 11 of the Principal Act, the
following section is inserted in Division 1:
11A. Members' statement of expectations
(1) The members of a company are to
provide the board of directors with a
statement of expectations.
(2) The statement of expectations is to
specify -
(a) the expectations of the members
in relation to the strategic
priorities of the company; and
(b) the policy expectations of the
members for the performance of
the company and its subsidiaries.
(3) The members of a company, at any time,
may at their own discretion or on the
application of the board of directors -
*No. 69 of 1997
14
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 4 - Electricity Companies Act 1997 Amended s. 15
(a) amend the statement of
expectations; or
(b) revoke the statement of
expectations and substitute
another statement of expectations.
(4) Before or while preparing a statement of
expectations or an amendment to a
statement of expectations, the members
of a company are to consult with the
board of directors.
(5) A statement of expectations and an
amendment to a statement of
expectations are to be in writing and
signed by each member.
(6) A statement of expectations, or an
amendment to a statement of
expectations, takes effect on a day
specified in it, being a day not earlier
than the day on which the statement or
amendment is provided to the company.
(7) The Minister must cause a copy of the
statement of expectations, or of an
amendment to a statement of
expectations, to be laid before each
House of Parliament within 10 sitting-
days after the statement or amendment
has been signed as required by
subsection (5).
15
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 16 Part 4 - Electricity Companies Act 1997 Amended
16. Section 16 repealed
Section 16 of the Principal Act is repealed.
17. Sections 21A and 21B inserted
After section 21 of the Principal Act, the
following sections are inserted in Part 3:
21A. Treasurer's Instructions
(1) In this section -
Treasurer's Instruction means a
Treasurer's Instruction issued
under section 114 of the
Government Business Enterprises
Act 1995.
(2) A Treasurer's Instruction applies to a
company, and each subsidiary of that
company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(3) The Treasurer may issue Treasurer's
Instructions specifically in relation to a
company, and a subsidiary of a company,
as if they were Government Business
Enterprises specified in Schedules 1, 2
and 3 of the Government Business
Enterprises Act 1995.
(4) A company and a subsidiary of a
company are to comply with all relevant
Treasurer's Instructions.
16
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 4 - Electricity Companies Act 1997 Amended s. 17
(5) The Treasurer may exempt a company or
a subsidiary of a company, or both, from
the obligation to comply with all or part
of a Treasurer's Instruction.
21B. Application of Corporations Act
To the extent that a provision of this Act
is incapable of concurrent operation with
the Corporations Act, that provision is
declared to be a Corporations legislation
displacement provision for the purposes
of section 5G of the Corporations Act.
17
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 18 Part 5 - Irrigation Company Act 2011 Amended
PART 5 - IRRIGATION COMPANY ACT 2011
AMENDED
18. Principal Act
In this Part, the Irrigation Company Act 2011* is
referred to as the Principal Act.
19. Section 13 substituted
Section 13 of the Principal Act is repealed and
the following section is substituted:
13. Members' statement of expectations
(1) The members are to provide the Board
with a statement of expectations.
(2) The statement of expectations is to
specify -
(a) the expectations of the members
in relation to the strategic
priorities of the Company; and
(b) the policy expectations of the
members for the performance of
the Company and its subsidiaries.
(3) The members, at any time, may at their
own discretion or on the application of
the Board -
(a) amend the statement of
expectations; or
*No. 12 of 2011
18
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 5 - Irrigation Company Act 2011 Amended s. 20
(b) revoke the statement of
expectations and substitute
another statement of expectations.
(4) Before or while preparing a statement of
expectations or an amendment to a
statement of expectations, the members
are to consult with the Board.
(5) A statement of expectations and an
amendment to a statement of
expectations are to be in writing and
signed by each member.
(6) A statement of expectations, or an
amendment to a statement of
expectations, takes effect on a day
specified in it, being a day not earlier
than the day on which the statement or
amendment is provided to the Company.
(7) The Minister must cause a copy of the
statement of expectations, or of an
amendment to a statement of
expectations, to be laid before each
House of Parliament within 10 sitting-
days after the statement or amendment
has been signed as required by
subsection (5).
20. Section 24 repealed
Section 24 of the Principal Act is repealed.
19
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 21 Part 5 - Irrigation Company Act 2011 Amended
21. Section 35A inserted
Before section 36 of the Principal Act, the
following section is inserted in Part 5:
35A. Treasurer's Instructions
(1) In this section -
Treasurer's Instruction means a
Treasurer's Instruction issued
under section 114 of the
Government Business Enterprises
Act 1995.
(2) A Treasurer's Instruction applies to the
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(3) The Treasurer may issue Treasurer's
Instructions specifically in relation to the
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(4) The Company and each subsidiary of the
Company are to comply with all relevant
Treasurer's Instructions.
(5) The Treasurer may exempt the Company
or a subsidiary of the Company, or both,
20
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 5 - Irrigation Company Act 2011 Amended s. 22
from the obligation to comply with all or
part of a Treasurer's Instruction.
22. Section 36 amended (Application of Corporations
Act)
Section 36 of the Principal Act is amended by
inserting "Corporations legislation" after "be a".
21
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 23 Part 6 - Racing (Tasracing Pty Ltd) Act 2009 Amended
PART 6 - RACING (TASRACING PTY LTD) ACT 2009
AMENDED
23. Principal Act
In this Part, the Racing (Tasracing Pty Ltd) Act
2009* is referred to as the Principal Act.
24. Section 8 repealed
Section 8 of the Principal Act is repealed.
25. Section 12 amended (Members' statement of
expectations)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"shareholders'";
(b) by omitting from subsection (2)
"shareholders'";
(c) by omitting from subsection (3)(a)
"shareholders'";
(d) by omitting from subsection (3)(b)
"shareholders'" twice occurring;
(e) by omitting from subsection (4)
"shareholders'" twice occurring;
*No. 30 of 2009
22
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 6 - Racing (Tasracing Pty Ltd) Act 2009 Amended s. 26
(f) by inserting the following subsections
after subsection (4):
(5) A statement of expectations and
an amendment to a statement of
expectations are to be in writing
and signed by each member.
(6) A statement of expectations, or an
amendment to a statement of
expectations, takes effect on a
day specified in it, being a day
not earlier than the day on which
the statement or amendment is
provided to the Company.
(7) The Minister must cause a copy
of the statement of expectations,
or of an amendment to a
statement of expectations, to be
laid before each House of
Parliament within 10 sitting-days
after the statement or amendment
has been signed as required by
subsection (5).
26. Section 21 repealed
Section 21 of the Principal Act is repealed.
27. Sections 28A and 28B inserted
After section 28 of the Principal Act, the
following sections are inserted in Part 4:
23
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 27 Part 6 - Racing (Tasracing Pty Ltd) Act 2009 Amended
28A. Treasurer's Instructions
(1) In this section -
Treasurer's Instruction means a
Treasurer's Instruction issued
under section 114 of the
Government Business Enterprises
Act 1995.
(2) A Treasurer's Instruction applies to the
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(3) The Treasurer may issue Treasurer's
Instructions specifically in relation to the
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(4) The Company and each subsidiary of the
Company are to comply with all relevant
Treasurer's Instructions.
(5) The Treasurer may exempt the Company
or a subsidiary of the Company, or both,
from the obligation to comply with all or
part of a Treasurer's Instruction.
24
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 6 - Racing (Tasracing Pty Ltd) Act 2009 Amended s. 27
28B. Application of Corporations Act
To the extent that a provision of this Act
is incapable of concurrent operation with
the Corporations Act, that provision is
declared to be a Corporations legislation
displacement provision for the purposes
of section 5G of the Corporations Act.
25
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 28 Part 7 - Rail Company Act 2009 Amended
PART 7 - RAIL COMPANY ACT 2009 AMENDED
28. Principal Act
In this Part, the Rail Company Act 2009* is
referred to as the Principal Act.
29. Section 15 amended (Guarantee fees)
Section 15 of the Principal Act is amended by
omitting subsection (2).
30. Section 16 amended (Tax equivalents)
Section 16 of the Principal Act is amended by
omitting subsection (2).
31. Section 20 amended (Members' statement of
expectations)
Section 20 of the Principal Act is amended by
inserting after subsection (4) the following
subsections:
(5) A statement of expectations and an
amendment to a statement of
expectations are to be in writing and
signed by each member.
(6) A statement of expectations, or an
amendment to a statement of
expectations, takes effect on a day
specified in it, being a day not earlier
*No. 46 of 2009
26
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 7 - Rail Company Act 2009 Amended s. 32
than the day on which the statement or
amendment is provided to the Company.
(7) The Minister must cause a copy of the
statement of expectations, or of an
amendment to a statement of
expectations, to be laid before each
House of Parliament within 10-sitting
days after the statement or amendment
has been signed as required by
subsection (5).
32. Section 38A inserted
After section 38 of the Principal Act, the
following section is inserted in Part 6:
38A. Treasurer's Instructions
(1) In this section -
Treasurer's Instruction means a
Treasurer's Instruction issued
under section 114 of the
Government Business Enterprises
Act 1995.
(2) A Treasurer's Instruction applies to the
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(3) The Treasurer may issue Treasurer's
Instructions specifically in relation to the
27
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 32 Part 7 - Rail Company Act 2009 Amended
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(4) The Company and each subsidiary of the
Company are to comply with all relevant
Treasurer's Instructions.
(5) The Treasurer may exempt the Company
or a subsidiary of the Company, or both,
from the obligation to comply with all or
part of a Treasurer's Instruction.
28
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 8 - TT-Line Arrangements Act 1993 Amended s. 33
PART 8 - TT-LINE ARRANGEMENTS ACT 1993
AMENDED
33. Principal Act
In this Part, the TT-Line Arrangements Act
1993* is referred to as the Principal Act.
34. Section 13 inserted
After section 12 of the Principal Act, the
following section is inserted in Part 2:
13. Members' statement of expectations
(1) The members of the Company are to
provide the board of directors with a
statement of expectations.
(2) The statement of expectations is to
specify -
(a) the expectations of the members
of the Company in relation to the
strategic priorities of the
Company; and
(b) the policy expectations of the
members of the Company for the
performance of the Company and
its subsidiaries.
*No. 39 of 1993
29
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 34 Part 8 - TT-Line Arrangements Act 1993 Amended
(3) The members of the Company, at any
time, may at their own discretion or on
the application of the board of directors -
(a) amend the statement of
expectations; or
(b) revoke the statement of
expectations and substitute
another statement of expectations.
(4) Before or while preparing a statement of
expectations or an amendment to a
statement of expectations, the members
of the Company are to consult with the
board of directors.
(5) A statement of expectations and an
amendment to a statement of
expectations are to be in writing and
signed by each member.
(6) A statement of expectations, or an
amendment to a statement of
expectations, takes effect on a day
specified in it, being a day not earlier
than the day on which the statement or
amendment is provided to the Company.
(7) The Minister must cause a copy of the
statement of expectations, or of an
amendment to a statement of
expectations, to be laid before each
House of Parliament within 10-sitting
days after the statement or amendment
has been signed as required by
subsection (5).
30
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 8 - TT-Line Arrangements Act 1993 Amended s. 35
35. Section 18A repealed
Section 18A of the Principal Act is repealed.
36. Sections 21A and 21B inserted
After section 21 of the Principal Act, the
following sections are inserted in Part 3:
21A. Treasurer's Instructions
(1) In this section -
Treasurer's Instruction means a
Treasurer's Instruction issued
under section 114 of the
Government Business Enterprises
Act 1995.
(2) A Treasurer's Instruction applies to the
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(3) The Treasurer may issue Treasurer's
Instructions specifically in relation to the
Company, and each subsidiary of the
Company, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(4) The Company and each subsidiary of the
Company are to comply with all relevant
Treasurer's Instructions.
31
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 36 Part 8 - TT-Line Arrangements Act 1993 Amended
(5) The Treasurer may exempt the Company
or a subsidiary of the Company, or both,
from the obligation to comply with all or
part of a Treasurer's Instruction.
21B. Application of Corporations Act
To the extent that a provision of this Act
is incapable of concurrent operation with
the Corporations Act, that provision is
declared to be a Corporations legislation
displacement provision for the purposes
of section 5G of the Corporations Act.
32
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 9 - Tasmanian Ports Corporation Act 2005 Amended s. 37
PART 9 - TASMANIAN PORTS CORPORATION ACT
2005 AMENDED
37. Principal Act
In this Part, the Tasmanian Ports Corporation
Act 2005* is referred to as the Principal Act.
38. Section 13A inserted
After section 13 of the Principal Act, the
following section is inserted in Part 2:
13A. Members' statement of expectations
(1) The members are to provide the Board
with a statement of expectations.
(2) The statement of expectations is to
specify -
(a) the expectations of the members
in relation to the strategic
priorities of the Corporation; and
(b) the policy expectations of the
members for the performance of
the Corporation and its
subsidiaries.
(3) The members, at any time, may at their
own discretion, or on the application of
the Board -
*No. 41 of 2005
33
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 38 Part 9 - Tasmanian Ports Corporation Act 2005 Amended
(a) amend the statement of
expectations; or
(b) revoke the statement of
expectations and substitute
another statement of expectations.
(4) Before or while preparing a statement of
expectations or an amendment to a
statement of expectations, the members
are to consult with the Board.
(5) A statement of expectations and an
amendment to a statement of
expectations are to be in writing and
signed by each member.
(6) A statement of expectations, or an
amendment to a statement of
expectations, takes effect on a day
specified in it, being a day not earlier
than the day on which the statement or
amendment is provided to the
Corporation.
(7) The Minister must cause a copy of the
statement of expectations, or of an
amendment to a statement of
expectations, to be laid before each
House of Parliament within 10 sitting-
days after the statement or amendment
has been signed as required by
subsection (5).
34
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 9 - Tasmanian Ports Corporation Act 2005 Amended s. 39
39. Section 17 amended (Guarantee fees)
Section 17 of the Principal Act is amended by
omitting subsection (2).
40. Section 18 amended (Tax equivalents)
Section 18 of the Principal Act is amended by
omitting subsection (2).
41. Section 29 substituted
Section 29 of the Principal Act is repealed and
the following sections are substituted:
29. Treasurer's Instructions
(1) In this section -
Treasurer's Instruction means a
Treasurer's Instruction issued
under section 114 of the
Government Business Enterprises
Act 1995.
(2) A Treasurer's Instruction applies to the
Corporation, and each subsidiary of the
Corporation, as if they were Government
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(3) The Treasurer may issue Treasurer's
Instructions specifically in relation to the
Corporation, and each subsidiary of the
Corporation, as if they were Government
35
Metro Tasmania Amendment Act 2018
Act No. of 2018
s. 41 Part 9 - Tasmanian Ports Corporation Act 2005 Amended
Business Enterprises specified in
Schedules 1, 2 and 3 of the Government
Business Enterprises Act 1995.
(4) The Corporation and each subsidiary of
the Corporation are to comply with all
relevant Treasurer's Instructions.
(5) The Treasurer may exempt the
Corporation or a subsidiary of the
Corporation, or both, from the obligation
to comply with all or part of a
Treasurer's Instruction.
29A. Application of Corporations Act
To the extent that a provision of this Act
is incapable of concurrent operation with
the Corporations Act, that provision is
declared to be a Corporations legislation
displacement provision for the purposes
of section 5G of the Corporations Act.
36
Metro Tasmania Amendment Act 2018
Act No. of 2018
Part 10 - Miscellaneous s. 42
PART 10 - MISCELLANEOUS
42. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 37