Victorian Current Acts

DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of port assets  
   5.      Meaning of transfer  
   6.      Words and expressions defined in Corporations Act  
   7.      Associated assets  
   8.      Functions for the purposes of an authorised transaction  
   9.      Act to bind the Crown  
   10.     Extraterritorial operation of Act  

   PART 2--AUTHORISED TRANSACTIONS

           Division 1--Transfer of port assets

   11.     Authorised transfer of port assets  
   12.     Proceeds of transaction  

           Division 2--The Victorian Transport Fund

   13.     Victorian Transport Fund  
   14.     Payments into the Fund  
   15.     Payments out of the Fund  
   16.     Delegation of power to authorise payments  

   PART 3--FACILITATING AUTHORISED TRANSACTIONS

           Division 1--Premier's functions

   17.     Premier's functions  
   18.     Manner of effecting authorised transaction  

           Division 2--Functions of the Port Corporation

   19.     Additional functions of the Port Corporation  
   20.     Direction and control of the Port Corporation  
   21.     Immunity of directors and officers of the Port Corporation  

           Division 3--Transaction entities

   22.     Establishment of statutory corporations as transaction entities  
   23.     Establishment of companies as transaction entities  
   24.     Designation of subsidiary company of the Port Corporation as transaction entity  
   25.     Transaction entity does not represent the State  
   26.     Functions of transaction entities  
   27.     Direction and control of transaction entities  
   28.     Immunity of directors and officers of transaction entity  

   PART 4--ARRANGEMENTS FOR TRANSFER OF PORT ASSETS

           Division 1--Transfer orders

   29.     Making of transfer orders  
   30.     Vesting of assets, rights and liabilities in transferee  
   31.     Terms and conditions of transfer order  
   32.     Consideration for vesting  
   33.     Transfer subject to encumbrances  
   34.     Substitution of party to agreement  
   35.     Transfer of interests in land  
   36.     Transfer of rights and interests in vehicles and recreational vessels  
   37.     Confirmation of vesting  
   38.     Determinations by Premier  
   39.     Amendment of Land Titles Register  
   40.     Amendment of vehicles register  
   41.     Evidence  

           Division 2--Grant of relevant authorisations

   42.     Grant of relevant authorisations  

   PART 5--ARRANGEMENTS RELATING TO TRANSFER OF PORT CORPORATION STAFF

   43.     Definitions  
   44.     Meaning of employment guarantee period  
   45.     Designation of a private sector employer  
   46.     Temporary transfers (secondments)  
   47.     Transfers to private sector employment of Port Corporation executive employees  
   48.     Limitation on changes to terms and conditions of transferred employees  
   49.     Continuity of entitlements of transferred employees  

   PART 6--CROWN LAND FOR THE PURPOSES OF AUTHORISED TRANSACTIONS

           Division 1--Application of Part

   50.     Land Acts and certain land provisions do not apply  

           Division 2--Removal of reservations on land

   51.     Revocation of reservations  
   52.     Revocation of reservations—part of reservation  
   53.     Effect of revocation of reservation  
   54.     Preservation of leases and licences  

           Division 3--Leasing and licensing of Crown land

   55.     Grant of lease or licence of Crown land for the purposes of an authorised transaction  

   PART 7--GENERAL

           Division 1--General matters relating to authorised transactions

   56.     Severance of fixtures  
   57.     Protection of contractual and other obligations  
   58.     Compensation not payable  
   59.     Port of Melbourne leases  

           Division 2--Compensation payments under authorised transaction relatedagreements or deeds

   60.     Definitions  
   61.     Meaning of Port Growth Regime payment provision  
   62.     Meaning of Port Growth Regime waiver provision  
   63.     Relevant legislation for the purposes of the Essential Services Commission Act 2001  
   64.     Ministerial guidelines about capacity expansion proposals  
   65.     Compensation not payable or capped in certain cases  
   66.     Approval of material increases in capacity for the handling of international containers at the port of Melbourne  
   67.     Application  
   68.     Application for certification  
   69.     Decision on certification by Commission  
   70.     Inquiries for the purposes of decisions on certification  
   71.     Draft report to be provided to applicant  
   72.     Least cost capacity expansion principles Order  
   73.     When a least cost capacity expansion principles Order takes effect  
   74.     Limitation on amending or revoking a least cost capacity expansion principles Order  
   75.     Circumstances in which a least cost capacity expansion principles Order may be amended  
   76.     Circumstances in which a least cost capacity expansion principles Order may be wholly revoked  

           Division 3--Operation of other laws

   77.     Excluded matter for Corporations Act  
   78.     State taxes and fees  
   79.     Application of Borrowing and Investment Powers Act 1987  
   80.     Operation of Public Administration Act 2004  
   81.     Operation of State Owned Enterprises Act 1992  
   82.     Operation of Transport Integration Act 2010  
   83.     No land tax is payable  
   84.     Rates under Local Government Act 1989  
   85.     Inconsistency with prescribed legislation  

           Division 4--Miscellaneous

   86.     Delegation  
   87.     Orders  

           Division 5--Regulations

   88.     Regulations  
           ENDNOTES