AustLII Tasmanian Numbered Acts

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WATER AND SEWERAGE CORPORATIONS ACT 2008 (NO. 12 OF 2008) - SECT 4

Interpretation

In this Act, unless the contrary intention appears –
additional director means a person who is appointed under section 24(5) to the board of the Common Services Corporation;
Auditor-General has the same meaning as in the Financial Management and Audit Act 1990 ;
Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board or its successors;
Board means the board of directors of a Corporation;
bulk water authority means Hobart Water (ABN 95 327 914 139), Esk Water (ABN 41 913 557 456) and Cradle Coast Water (ABN 44 792 170 681);
Chairperson means the person who is the common chairperson of each Corporation;
common director means a person who is appointed under section 22 to hold concurrent appointments to the Boards of all Regional Corporations;
Common Services Corporation means the Common Services Corporation incorporated in accordance with section 6(1) ;
Commonwealth Tax Act means the Income Tax Assessment Act 1936 of the Commonwealth and any other enactments of the Commonwealth relating to income tax;
constituent council means, in relation to a Regional Corporation, a council responsible for a municipal area within the region applicable to that Regional Corporation;
constitution means the constitution of a Corporation;
consulting group means –
(a) in relation to a Regional Corporation, the Owners' Representatives for that Regional Corporation; or
(b) in relation to the Common Services Corporation, the members of the Common Services Corporation;
Corporation means a Regional Corporation or the Common Services Corporation;
Corporations Act  – see section 46AA of the Acts Interpretation Act 1931 ;
Corporations legislation  – see section 46AA of the Acts Interpretation Act 1931 ;
council  – see section 46 of the Acts Interpretation Act 1931 ;
director means a director of a Corporation;
dispose means, in relation to any property, to sell, transfer, assign, create a security interest over, declare oneself a trustee of, or part with any benefit of, or otherwise dispose of, that property, or any interest in it, or any part of it;
document includes an instrument and part of a document;
elected government official means a person who is elected as a Member of Parliament of Tasmania or as a councillor within the meaning of the Local Government Act 1993 ;
GBE Treasurer's Instruction means a Treasurer's Instruction within the meaning of the Government Business Enterprises Act 1995 ;
legal or other proceeding includes arbitration proceedings and mediation proceedings;
member , in relation to a Corporation, means a member of that Corporation within the meaning of the Corporations Act;
northern region  – see section 43(2) of the Acts Interpretation Act 1931 ;
north-western region  – see section 43(2) of the Acts Interpretation Act 1931 ;
ordinary majority means a majority representing more than 50% of –
(a) in relation to the members of a Regional Corporation, all the members of that Regional Corporation; or
(b) in relation to the Owners' Representatives for a Regional Corporation, all the Owners' Representatives for that Regional Corporation; or
(c) in relation to the Owners' Representatives for all Regional Corporations, the aggregate of all the Owners' Representatives for all Regional Corporations;
Owners' Representatives , in relation to a Regional Corporation, means the Owners' Representatives appointed by the members of that Regional Corporation under section 19 ;
principal objectives means –
(a) in relation to a Regional Corporation, the principal objectives of a Regional Corporation specified in section 7(1) ; or
(b) in relation to the Common Services Corporation, the principal objectives of the Common Services Corporation specified in section 7(2) ;
region means the northern region, the north-western region or the southern region;
Regional Corporation means a corporation incorporated in accordance with section 5(1) ;
regional director means a person who is appointed under section 23 to the Board of only one Regional Corporation;
regulations means regulations made and in force under this Act;
Relevant Corporation means a Corporation or a subsidiary of a Corporation, as applicable;
Selection Committee means the committee established under section 20(1) ;
shareholders' letter of expectation , in relation to a Regional Corporation, means a letter issued by the members of the Regional Corporation to the Board of the Regional Corporation outlining the broad expectations of its members for the Regional Corporation and its subsidiaries;
southern region  – see section 43(2) of the Acts Interpretation Act 1931 ;
special majority means a majority representing at least 75% of –
(a) in relation to the members of a Regional Corporation, all the members of that Regional Corporation; or
(b) in relation to the Owners' Representatives for a Regional Corporation, all the Owners' Representatives for that Regional Corporation; or
(c) in relation to the Owners' Representatives for all Regional Corporations, the aggregate of all the Owners' Representatives for all Regional Corporations; or
(d) in relation to the Selection Committee, all of the members of the Selection Committee, except the Chairperson when excluded by section 20(9) ;
subsidiary has the same meaning as in the Corporations Act;
transfer day means a day specified by the Treasurer under section 41 to be the day on which a transfer order takes effect;
transfer order means an order contained in a notice published in the Gazette under section 41(1) ;
transferred asset, right or liability means an asset that vests in, or a right or liability that becomes a right or liability of, an individual or body by the operation of sections 41 and 43 ;
transferred employee means an employee specified in a transfer order;
Treasurer's Instruction means an instruction issued under, or deemed to be issued under section 39 ;
water and sewerage functions means –
(a) in the case of water, any function associated with –
(i) the collection or storage of that water, including by way of bulk supply; and
(ii) the treatment of that water; and
(iii) the conveyance and reticulation of that water; and
(iv) the supply of that water; and
(b) in the case of sewerage, any function associated with –
(i) the collection or storage of sewage; and
(ii) the conveyance and reticulation of sewage; and
(iii) the treatment of sewage; and
(c) any other functions associated with the functions referred to in paragraph (a) or (b) , which may include those associated with stormwater and the re-use of sewage; and
(d) any other functions as may be prescribed by the regulations.


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