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GAS INDUSTRY (RESIDUAL PROVISIONS) ACT 1994 - SECT 115A

Definitions

    (1)     In this Part—

S. 115A(1)
def. of
former GASCOR subsidiary inserted by No. 2/2004 s. 13(1).

"former GASCOR subsidiary" means a company that at any time before 15 September 2003 was—

        (a)     a PGC all the shares in which were held by GASCOR; or

        (b)     a PGC all the shares in which were held by a company all the shares in which were held by GASCOR;

"former PGC property" means property, rights or liabilities of a PGC that, under this Part, have vested in, or become liabilities of another person;

"new employer", in relation to a transferred PGC employee, means the person by which, by virtue of section 115O, the transferred PGC employee is regarded as being employed with effect from the relevant date;

"PGC" means a public gas company that is nominated by the Minister under section 115B;

"PGC instrument" means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date in relation to a PGC—

        (a)     to which the PGC was a party; or

        (b)     that was given to or in favour of the PGC; or

        (c)     that refers to the PGC; or

        (d)     under which—

              (i)     money is, or may become, payable to or by the PGC; or

              (ii)     other property is to be, or may become liable to be, transferred to or by the PGC;

"PGC transferee", in relation to former PGC property, means the person to which the property has been transferred under this Part;

S. 115A(1)
def. of
public gas company inserted by No. 91/1998 s. 20(5), substituted by No. 39/1999 s. 25(3).

"public gas company" includes Gas Services Business Pty Ltd A.C.N. 079 089 277;

"relevant date"—

        (a)     in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;

        (b)     in relation to a document referred to in section 115N(1), means a date fixed by the Minister under subsection (2) for the purposes of that document;

"transferred PGC employee" means a person who, by virtue of section 115O, is regarded as being employed by a new employer with effect from the relevant date;

"transferor company" means a public gas company.

    (2)     The Minister may, by notice published in the Government Gazette—

        (a)     fix a relevant date for the purposes of an allocation statement under section 115C;

        (b)     fix a relevant date for the purposes of a document referred to in section 115N(1).

S. 115B inserted by No. 91/1997
s. 40, amended by No. 40/1998
s. 33, repealed by No. 73/2005 s. 4(Sch. 2 item 3.14).

    *     *     *     *     *

Division 2—Allocation of property

S. 115C inserted by No. 91/1997
s. 40, amended by No. 40/1998 s. 32, repealed by No. 73/2005 s. 4(Sch. 2 item 3.14).

    *     *     *     *     *

S. 115D inserted by No. 91/1997
s. 40.



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