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CLAUSE NOTES
Metro Tasmania Amendment Bill 2018
Clause 1. This clause determines the name of the Bill as the Metro Tasmania
Amendment Act 2018.
Clause 2. The Act commences on the day on which this Act receives the Royal
Assent.
Clause 3. In this clause, the Metro Tasmania Act 1997 is referred to as the Principal
Act.
Clause 4. The long title of the Act is amended by omitting the word “road” to reflect
the changes in the Bill that will not limit the modes of passenger transport
services operated by Metro Tasmania.
Clause 5. The words “a public transport system” are removed and replaced with “one
or more public transport systems” to reflect that under this Bill, Metro will
be able to operate any form of passenger transport without limitation as to
mode for greatest efficiency and flexibility and to reflect modern urban
transport needs.
Clause 6. This clause expands Metro Tasmania’s objectives to provide all modes of
passenger transport within Tasmania, not just road-based passenger
transport.
Clause 7. This clause is inserted to include a legislative basis for the provision of a
Members’/Shareholders’ Statement of Expectations. This is to promote
transparency and to ensure consistency with all State-owned Companies
which will have similar clauses.
Clause 8. This clause repeals a previous reference to Treasurer’s Instructions replaced
by Clause 10.
Clause 9. This clause removes a section which provides for the making of a Fares
Order for full adult fares for urban public bus services provided by Metro.
The fare schedules for all classes of passenger and all government funded
operators, including Metro, will be part of contracting arrangements and a
new fares framework will be introduced when the current Fares Order ends.
Clause 10. This clause is inserted to include a requirement to follow all Treasurer’s
Instructions issued under the Government Business Enterprises Act 1995 and
displaces section 5G of the Corporations Act 2001 which overrides State
legalisation where it is incompatible with the Corporations Act. This will
promote consistency across all State-owned Companies and provide for
certainty where such provisions may be contrary to Corporations Act
provisions.
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Clause 11. This clause ensures that the existing Metro Tasmania Fares Order 2016 made
under the repealed Part 3A remains in force until revoked by the Minister.
This is to ensure that the Fares Order remains in place until a replacement
fares framework comes into effect.
Clause 12. This clause refers to the Metro Tasmania Fares Order 2016 as the Principal
Order.
Clause 13. This clause removes the termination date of the Fares Order to reflect
clause 11. This ensures that the current Fares Order remains in place until
such time as there is an effective replacement and removes any risk of the
Fares order lapsing without an adequate replacement.
Clause 14. The Principal Act in this clause is the Electricity Companies Act 1997.
Clause 15. This clause is inserted to include a requirement for the provision of a
Members’/Shareholders’ Statement of Expectations. This ensures consistency
in approach with all other State-owned Companies.
Clause 16. This clause repeals a previous reference to Treasurer’s Instructions which are
replaced by clause 17.
Clause 17. This clause is inserted to include a requirement to follow all Treasurer’s
Instructions issued under the Government Business Enterprises Act 1995 and
displaces section 5G of the Corporations Act 2001 which overrides State
legalisation where it is incompatible with the Corporations Act. This will
bring the Act into line with all other State-owned Companies and promote
consistency and transparency in the treatment of these companies.
Clause 18. The Principle Act in this clause is the Irrigation Company Act 2011.
Clause 19. This clause substitutes a reference to Treasurer’s Instructions with a
requirement for the provision of a Members’/Shareholders’ Statement of
Expectations. This is to ensure consistency with the wording of other State-
owned Companies, and the obligation to adhere to the Treasurer’s
Instructions are inserted at clause 21
Clause 20. This clause repeals a reference to the requirement to provide a Members’
Statement of Expectations, which is replaced by clause 19.
Clause 21. This clause is inserted to include a requirement to follow all Treasurer’s
Instructions issued under the Government Business Enterprises Act 1995. This
will bring the Act into line with all other State-owned Companies and
promote consistency and transparency in the treatment of these companies.
Clause 22. This clause corrects and clarifies the language that displaces section 5G of
the Corporations Act 2001 which overrides State legalisation where it is
incompatible with the Corporations Act. This will bring the Act into line with
all other State-owned Companies and promote consistency and
transparency in the treatment of these companies.
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Clause 23. The Principal Act in this clause is the Racing (Tasracing Pty Ltd) Act 2009.
Clause 24. This clause repeals a section of the Act which displaces section 5G of the
Corporations Act 2001 which overrides State legalisation where it is
incompatible with the Corporations Act. This is reinserted in clause 27 to
make the Act consistent in structure with other State-owned Companies.
Clause 25. This clause removes the word “shareholders” from the phrase “statement of
expectations” in order to provide consistency in language across State-
owned Companies and includes a requirement for a
Members’/Shareholders’ Statement of Expectations.
Clause 26. This clause repeals a previous reference to Treasurer’s Instructions which is
replaced by clause 27. This is to ensure consistency in the framing of the
legislation across all State-owned Companies.
Clause 27. This clause is inserted to include a requirement to follow all Treasurer’s
Instructions issued under the Government Business Enterprises Act 1995 and
displaces section 5G of the Corporations Act 2001 which overrides State
legalisation where it is incompatible with the Corporations Act. This will
bring the Act into line with all other State-owned Companies and promote
consistency and transparency in the treatment of these companies.
Clause 28. The Principal Act in this clause is the Rail Company Act 2009.
Clause 29. This clause removes a reference to Treasurer’s Instructions which are
consolidated into clause 32.
Clause 30. This clause removes a reference to Treasurer’s Instructions which are
consolidated into clause 32.
Clause 31. This clause amends a section referring to Members’ Statements of
Expectations by adding the requirement for such statements to be in writing
and signed by every member, specifying the date such a statement is to
come into effect and requirements for tabling before both Houses of
Parliament.
Clause 32. This clause is inserted to include a requirement to follow all Treasurer’s
Instructions issued under the Government Business Enterprises Act 1995. This
will bring the Act into line with all other State-owned Companies and
promote consistency and transparency in the treatment of these companies.
Clause 33. The Principal Act in this clause is TT-Line Arrangements Act 1993.
Clause 34. This clause is inserted to include a requirement for a
Members’/Shareholders’ Statement of Expectations. This will bring the Act
into line with all other State-owned Companies and promote consistency
and transparency in the treatment of these companies.
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Clause 35. This clause repeals a previous reference to Treasurer’s Instructions replaced
by clause 36.
Clause 36. This clause is inserted to include a requirement to follow all Treasurer’s
Instructions issued under the Government Business Enterprises Act 1995 and
displaces section 5G of the Corporations Act 2001 which overrides State
legalisation where it is incompatible with the Corporations Act. This will
bring the Act into line with all other State-owned Companies and promote
consistency and transparency in the treatment of these companies.
Clause 37. The Principal Act in this clause is Tasmanian Ports Corporation Act 2005.
Clause 38. This clause is inserted to include a requirement for a
Members’/Shareholders’ Statement of Expectations. This will bring the Act
into line with all other State-owned Companies and promote consistency
and transparency in the treatment of these companies.
Clause 39. This clause removes a reference to Treasurer’s Instructions which are
consolidated into clause 41.
Clause 40. This clause removes a reference to Treasurer’s Instructions which are
consolidated into clause 41.
Clause 41. This clause repeals section 29 of the Principal Act which displaces Section
5G of the Corporations Act 2001 which overrides State legalisation where it
is incompatible with the Corporations Act. This is replaced by a
requirement to follow all Treasurer’s Instructions issued under the
Government Business Enterprises Act 1995 and reintroduces the displacement
of section 5G of the Corporations Act 2001. This will bring the Act into line
with all other State-owned Companies and promote consistency and
transparency in the treatment of these companies.
Clause 42. This clause provides for the repealing of the Act within 365 days.
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