Victorian Current Acts Victorian Current ActsThe Agreement shall have effect as if the following Part were inserted after Part III:
20A. The State shall—
(a) not impose nor take nor (insofar as it is competent to do so) permit nor authorize any of its agencies or instrumentalities or any local or other authority or Minister of the Crown or public statutory corporation of the State to take or cause to occur any action or combination of actions, including, without limitation, the imposition of any taxes, rates or charges of any nature whatsoever, which—
(i) has the effect of modifying or subtracting from the Company's rights or adding to any of its obligations under this Agreement or any other agreement relating to the smelter at Point Henry;
(ii) is discriminatory to, or has a discriminatory effect on, or is directed at the smelter at Point Henry or the Company; or
(iii) discriminates adversely between the Company and other industrial or commercial enterprises in the State in respect of the income, titles, property or other assets, products, materials or services used or produced by or through the operation of the smelter at Point Henry and the disposal of aluminium and waste products produced in the smelter or is discriminatory to the aluminium industry or is directed at the aluminium industry;
(b) not, without the consent of the Company, resume nor (insofar as it is competent to do so) suffer nor permit to be resumed, other than for the purpose of a "public project" as defined in the Public Lands and Works Act 1964 (as amended), any of the works installations plant equipment or other property for the time being belonging to the Company and the subject of or used for the purpose of this Agreement where to do so would unduly prejudice or interfere with the Company's operations hereunder; and
(c) make such representations as may
be necessary to the Commonwealth with respect to, and use its good offices in
relation to, the remedy or amelioration of or removal by the Commonwealth of
any adverse effect on the progress or cost of the construction and operation
of the smelter at Point Henry or on that smelter, the Company, this Agreement
or any other agreement relating to the smelter resulting from Commonwealth
Government policies including, without limiting the generality of the
foregoing, the imposition of import duties, as soon as practicable after the
occurrence of such effect.".
Sch. (Heading) substituted by No. 68/2011 s. 11(a).
Sch. 1 (Heading) inserted by No. 68/2011 s. 11(b).