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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