Pipeline Authority Amendment Act 1992

No. 188 of 1992

[Assented to 18 December 1992]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Pipeline Authority Amendment Act 1992.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Principal Act

3. In this Part, “Principal Act” means the Pipeline Authority Act 19731.

Interpretation

4. Section 3 of the Principal Act is amended:

(a) by inserting in subsection (1) the following definition:

“ ‘subsidiary company’ means a company that is a subsidiary of the Authority;”;

(b) by adding at the end the following subsection:

“(4) For the purposes of this Act, the question whether a company is a subsidiary of the Authority is to be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Law.”.

Membership of Authority

5.(1) Section 6 of the Principal Act is amended:

“(1) The Authority is to consist of the following directors:

(a)     the Chairperson;

(b)     the Deputy Chairperson;

(c)     the Chief Executive Officer;

(e)     4 other directors.

“(2) The directors, other than the Chief Executive Officer, are to be appointed by the Minister as part-time directors.”;

“(3) A part-time director is to be appointed for such period, not exceeding 5 years, as the Minister specifies in the instrument of appointment, but is eligible for re-appointment.”.

(2)     Each person who, immediately before the commencement of this section, held office as a part-time member (other than as Chairman or Deputy Chairman) of the Pipeline Authority continues, subject to the Principal Act as amended by this Act, to hold office as a director for the remainder of the term (if any) for which the person was appointed.

(3)     A person who, immediately before the commencement of this section, held office as Chairman or Deputy Chairman of the Pipeline Authority continues, subject to the Principal Act as amended by this Act, to hold office as the Chairperson or Deputy Chairperson, as the case requires, for the remainder of the term (if any) for which the person was appointed.

Leave of absence

6. Section 8 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

“(2) The Authority may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Authority determines.”.

Termination of appointment

7. Section 9 of the Principal Act is amended:

“(2) The Minister may terminate the appointment of a part-time director whose performance has been, in the opinion of the Minister, unsatisfactory for a significant period of time.”;

(g)     by omitting subsections (4), (5) and (6).

8.(1) Section 10 of the Principal Act is repealed and the following sections are substituted:

Chief Executive Officer

“10.(1) The Chief Executive Officer is to be appointed by the Authority.

“(2) The Chief Executive Officer holds office during the Authority’s pleasure.

“(3) The Chief Executive Officer holds office on a full-time basis.

“(5) A person must not be appointed or re-appointed as the Chief Executive Officer for a period that extends beyond the day on which the person will reach 65.

Disclosure of interests

“10A.(1) If:

(a) a director has a direct or indirect pecuniary interest in a matter

being considered, or about to be considered, by the Authority; and

the director must, as soon as practicable after the relevant facts come to the director’s knowledge, disclose the nature of the interest at a meeting of the Authority.

“(2) A disclosure under subsection (1) must be recorded in the minutes of the meeting and, unless the Authority otherwise determines, the director must not:

“(3) A director who has made a disclosure under subsection (1), must not:

(b)     take part in the making of the determination.

“(4) For the purpose of the making of a determination by the Authority under subsection (2) in relation to a director who has made a disclosure under subsection (1), that director must be disregarded for the purpose of constituting a quorum of the Authority for any such deliberation or decision.

“(5) Subsection (1) does not apply in relation to a matter relating to the supply of goods or services for the director if the goods or services are, or are to be, available to members of the public on the same terms and conditions.

Resignation

“10B. A part-time director may resign by giving a signed notice of resignation to the Minister.”.

(2) A person who, immediately before the commencement of this section, held office as the Executive Member of the Pipeline Authority holds office, subject to the Principal Act as amended by this Act, as the Chief Executive Officer as if he or she had been appointed by the Authority on the commencement of this section.

9. Section 11 of the Principal Act is repealed and the following sections are substituted:

Acting appointments—part-time directors

“11.(1) The Minister may appoint a person to act as a part-time director (other than Chairperson) during a period, or during all periods, when:

“(2) A person may only be appointed to act as the director referred to in paragraph 6(1)(d) if the person has been nominated by the Australian Gas Light Company for appointment.

“(3) The Deputy Chairperson is to act as Chairperson during any period when:

(b)     there is a vacancy in the office of Chairperson.

“(4) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

(a)     the occasion for the appointment had not arisen; or

(c)     the appointment had ceased to have effect; or

(d)     the occasion for the person to act had not arisen or had ceased.

Acting appointments—Chief Executive Officer

“11A.(1) The Authority may appoint a person to act as the Chief Executive Officer during a period, or during all periods, when:

(a)     there is a vacancy in the office of Chief Executive Officer; or

“(2) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

(a)     the occasion for the appointment had not arisen; or

(c)     the appointment had ceased to have effect; or

Meetings of Authority

10. Section 12 of the Principal Act is amended by omitting from subsection (3) “4 members” and substituting “5 directors”.

General powers of Authority

11. Section 15 of the Principal Act is amended by adding at the end “including entering into contracts for the purposes of this Act”.

Particular powers of Authority

12. Section 16 of the Principal Act is amended:

(a) by inserting after paragraph (c) the following paragraphs:

(b) by inserting after paragraph (k) the following paragraph:

13. After section 16 of the Principal Act the following sections are inserted:

Limitation on formation etc. of companies

“16A.(1) Except with the written approval of the Minister, the Authority must not:

“(2) An approval may be subject to terms and conditions specified in the approval.

“(3) The Minister may revoke or vary the terms and conditions specified in an approval.

“(4) The Minister must not specify terms and conditions in an approval in relation to the amounts to be charged for work done, or services, goods or information supplied by the Authority.

“(5) It is the duty of the Authority to comply with any terms and conditions specified in an approval.

“(6) The revocation or variation of terms and conditions under subsection (3) does not affect any contracts entered into, or acts done, before the day on which the terms and conditions were revoked or varied, as the case may be.

Sale or disposal of pipeline not prevented

“16B. Nothing in this Act is to be taken to prevent the sale or disposal of a pipeline.”.

Power to enter land and take levels etc.

14. Section 17 of the Principal Act is amended by inserting “, an officer or employee of a subsidiary company” after “employee of the Authority”.

Power to enter and occupy land

15. Section 18 of the Principal Act is amended:

16. After section 18 of the Principal Act the following section is inserted:

Functions of subsidiary

“18A. If the Authority:

the functions the subsidiary may have are to be determined as if:

(c) the functions of the Authority included the following functions:

(A)     the design; or

(B)      the construction; or

(C)      the maintenance; or

(D)     the operation;

of pipelines for the conveyance or distribution of petroleum in Australia and in other countries; and

Repeal of section 29

17. Section 29 of the Principal Act is repealed.

Profits of the Authority

18.     Section 30 of the Principal Act is amended by omitting from subsection (2) “The” and substituting “Subject to section 30A, the”.

19.     After section 30 of the Principal Act the following section is inserted:

Authority to pay dividends from subsidiaries to Commonwealth

“30A. The Authority must pay to the Commonwealth amounts of dividends received by the Authority from subsidiary companies other than such amounts as are specified by the Minister in a written notice given to the Authority.”.

20. After section 33 of the Principal Act the following sections are inserted:

Liability of subsidiary to taxation

“33A.(1) Subject to Division 5 of Part VA, a subsidiary company is subject to taxation under the laws of the Commonwealth and a State or Territory.

“(2) A subsidiary company is not a public authority for the purposes of paragraph 23(d) of the Income Tax Assessment Act 1936.

Revaluation of assets

“33B. The Authority must, at least every 3 years, revalue its assets in accordance with normal commercial practice.”.

21. After Part V of the Principal Act the following Part is inserted:

“Division 1—Interpretation

Interpretation

“33C. In this Part, unless the contrary intention appears:

‘Assessment Act’ means the Income Tax Assessment Act 1936;

‘asset’ means property of any kind, and includes:

(b)     any chose in action; and

‘authorised person’ means the Minister or a person authorised, in writing, by the Minister for the purposes of this Part;

‘delivery point’ means any point on a pipeline where petroleum is delivered by the Authority to a person;

‘instrument’ means an instrument of any kind, and includes:

(a)     any contract, deed, undertaking or agreement; and

(b)     any mandate, instruction, notice, authority or order; and

(c)     any lease, licence, transfer, conveyance or other assurance; and

(e)     any mortgage, charge, lien or security;

whether express or implied and whether made or given orally or in writing;

‘instrument to which this Part applies’ means an instrument:

(a)     to which the Authority is a party; or

(b)     that was given to, by or in favour of the Authority; or

(c)     in which a reference is made to the Authority; or

‘interest’ in relation to land, means:

(a)     a legal or equitable estate or interest in land; or

(b)     a right, power or privilege over, or in relation to, the land;

‘liability’ means a liability of any kind, and includes an obligation of any kind (whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing);

‘Lithgow pipeline’ means the Authority’s pipeline originating at a point on the Moomba Sydney pipeline near Young in New South Wales, and includes the delivery points, and pipelines leading from the first-mentioned pipeline to the delivery points, at or near the following places in that State:

(a)     Orange;

(b)     Bathurst;

(c)     Blayney;

(d)     Lithgow;

‘Moomba’ means Moomba in South Australia;

‘Moomba-Sydney pipeline’ means the Authority’s pipeline from Moomba to the delivery point at Wilton in New South Wales, and includes the delivery points, and pipelines leading from the first-mentioned pipeline to the delivery points, at or near the following places in that State:

(a)     Bowral;

(b)     Goulburn;

(c)     Marulan;

(d)     Moss Vale;

‘Moomba-Sydney pipeline system’ means the pipeline system consisting of the following pipelines:

(a)     the Moomba-Sydney pipeline;

(b)     the Lithgow pipeline;

(c)     the Wagga pipeline;

‘nominated staff member’ means a person to whom a determination under section 33R applies;

‘non-transferring asset’ means:

(a)     the Moomba-Sydney pipeline system; and

‘non-transferring instrument’ means an instrument to which this Part applies that does not become, under this Part, an instrument of the receiving subsidiary;

‘non-transferring liability’ means a liability that does not become, under this Part, a liability of the receiving subsidiary;

‘proceeding to which this Part applies’ means a proceeding to which the Authority is a party, other than a proceeding that does not relate to the transferred business;

‘re-organisation day’ means the day fixed under section 33D;

‘share’ means a share in the share capital of a company, and includes stock;

‘staff member’ means a person who is an officer or employee of the Authority;

‘tax exempt matter’ means:

(b)     the making of a determination under section 33F; and

(d)     the issue of shares under section 33M; and

(e)     the operation of this Part in any other respect; and

‘transfer day’, in relation to a nominated staff member, means the day applicable to the staff member in the determination under section 33R that is applicable to the staff member;

‘transferring asset’ means an asset other than:

(a)     the Moomba-Sydney pipeline system; and

to which a determination under paragraph 33F(1)(a) applies;

‘transferring business’ means the business that becomes, under this Part, business of the receiving subsidiary; and

‘transferring instrument’ means an instrument (other than an instrument relating to the Moomba-Sydney pipeline system) to which a determination under paragraph 33F(1)(c) applies;

‘transferring liability’ means a liability (other than a liability relating to the Moomba-Sydney pipeline system) to which a determination under paragraph 33F(1)(b) applies;

‘transferring staff member’ means a staff member who, under this Part, becomes employed by the receiving subsidiary;

‘Wagga pipeline’ means the Authority’s pipeline originating at a point on the Moomba-Sydney pipeline near Young in New South Wales, and includes the delivery points, and pipelines leading from the first-mentioned pipeline to the delivery points, at or near the following places in that State:

(a)     Cootamundra;

(b)     Junee;

(c)     Wagga Wagga;

(d)     Young;

‘wholly-owned subsidiary’, in relation to the Authority, means a body corporate:

(a) that has been formed by the Authority; and

(b)     that is a subsidiary of the Authority; and

(c)     none of whose members is a person other than:

(i) the Authority; or

(d) no share in which is beneficially owned by a person other than:

(i) the Authority; or

(ii) a body of the kind referred to in subparagraph (c)(ii).

“Division 2—Steps leading to re-organisation

Fixing the day on which re-organisation is to take place—the re-organisation day

“33D. The Minister may, by notice in the Gazette, fix a day as the day on which the re-organisation under this Part is to take place.

Nomination of subsidiary to which business is to be transferred—the receiving subsidiary

“33E.(1) Subject to subsection (2), the Minister must, before the re-organisation day, by notice in the Gazette, nominate a subsidiary of the Authority as the receiving subsidiary for the purposes of this Part.

“(2) The Minister must not nominate a subsidiary under subsection (1) unless the subsidiary is:

(a)     a company incorporated under the Corporations Law; and

(b)     a wholly-owned subsidiary; and

“(3) If a subsidiary nominated under subsection (1) ceases, on or before the re-organisation day, to be a subsidiary of the Authority of the kind described in subsection (2), the Minister must revoke the nomination.

“(4) For all purposes, and in all proceedings, relating to this Act, proof of the fact that a body corporate was nominated under subsection (1) is to be taken:

Determination of assets, instruments and liabilities to be transferred etc.—the transferring assets, instruments and liabilities

“33F.(1) The Minister may, by notice in the Gazette:

“(2) A declaration under subsection (1) may only be made before the re-organisation day.

“Division 3—The re-organisation

Transferred business of Authority becomes business of receiving subsidiary

“33G. On the re-organisation day, the transferred business of the Authority ceases, by force of this section, to be business of the Authority and becomes business of the receiving subsidiary.

Transferring assets and transferring liabilities of Authority become assets and liabilities of receiving subsidiary

“33H. Without limiting section 33G, on the re-organisation day, all transferring assets and transferring liabilities of the Authority cease to be assets and liabilities of the Authority and become assets and liabilities of the receiving subsidiary.

Instruments

“33J.(1) Without limiting section 33G, an instrument to which this Part applies continues, subject to subsection (2), in full force and effect on and after the re-organisation day.

“(2) A transferring instrument has effect, in relation to acts, transactions and matters done, entered into or occurring on or after the re-organisation day, as if a reference in the instrument to the Authority were a reference to the receiving subsidiary.

Pending proceedings

“33K. Without limiting section 33G, if a proceeding to which this Part applies is, immediately before the re-organisation day, pending in a court, the receiving subsidiary is, on that day, substituted for the Authority as a party.

Valuation of transferring business

“33L.(1) The Minister must, by written notice given to the Authority and the receiving subsidiary not later than 7 days after the re-organisation day, determine:

(b)     the amount of each transferring liability on that day.

“(2) The net value of the transferring assets on the re-organisation day is the amount worked out by subtracting the total amount of the transferring liabilities from the total market value of the transferring assets on that day.

“(3) For all purposes and in all proceedings, the net value of the transferring business is taken to be the amount determined under subsection (2) as the net value of the transferring assets on that day.

Issue of shares in receiving subsidiary to Authority in relation to transferring business

“33M.(1) On the day on which the receiving subsidiary is given the notice under subsection 33L(1), the receiving subsidiary must, subject to subsection (2), issue shares in the receiving subsidiary to the Authority.

“(2) The shares issued to the Authority are taken to have been fully paid up and to have been issued for valuable consideration.

Authorised person may certify matters in relation to re-organisation

“33N.(1) An authorised person may, by signed writing, certify any matter in relation to the operation of this Division and, in particular, may certify:

“(2) A document purporting to be a certificate under subsection (1) is, unless the contrary intention is established, taken to be such a certificate and to have been properly given.

Extraterritorial operation of Division

“33P. It is the intention of the Parliament that this Division should apply, to the greatest extent possible, in relation to:

(a)     things situated outside Australia; and

Authority to take steps necessary to carry out re-organisation

“33Q. The Authority must take such steps as are necessary to ensure that this Division is fully effective, particularly in relation to its operation outside Australia.

“Division 4—Transfer of staff

Determination of staff to be transferred to receiving subsidiary

“33R. The Chief Executive Officer may, in writing, determine that the employment of specified staff members is to be transferred to the receiving subsidiary on and from the day, or the respective days, specified in the determination.

Employment of nominated staff member to continue with receiving subsidiary

“33S. Subject to sections 33T and 33U, each nominated staff member who is a staff member immediately before his or her transfer day is, on and from the transfer day, taken to be employed by the receiving subsidiary on the terms and conditions on which he or she was employed by the Authority immediately before the transfer day.

Act not to affect certain matters relating to transferring staff members

“33T.(1) This section has effect for the purposes of the application, at any time on or after the transfer day of a transferring staff member, of a law, award, determination or agreement in relation to the employment of the transferring staff member.

“(2) Neither the transferring staff member’s contract of employment, nor his or her period of employment, is taken to have been broken by the operation of this Part.

“(3) Without limiting section 33S or subsection (2) of this section, this Part does not affect any accrued rights that the transferring staff member had immediately before the transfer day in relation to any kind of leave.

“(4) Where, if a transferred staff member had, immediately before the transfer day, ceased to be employed by the Authority:

(i) an amount payable to the transferring staff member; or

because of his or her so ceasing; and

the receiving subsidiary must treat the whole of the first-mentioned period as a period during which the transferring staff member was employed by it.

Variation of terms and conditions of employment

“33U.(1) It is a term of each transferring staff member’s employment after his or her transfer day that the terms and conditions of that employment may be varied to the extent to which, and the manner in which, the terms and conditions of his or her employment could be varied under this Act immediately before the transfer day.

“(2) This Part does not prevent the terms and conditions of a transferring staff member’s employment after his or her transfer day from being varied:

(a)     in accordance with those terms and conditions; or

(b)     by or under a law, award, determination or agreement.

“(3) In this section:

‘terms and conditions’ includes a term or condition existing because of subsection (1);

‘vary’, in relation to terms and conditions, includes vary by way of:

(a)     omitting any of those terms and conditions; or

(b)     adding to those terms and conditions; or

“Division 5—Taxation matters

Exemptions relating to tax exempt matters

“33V.(1) Tax under a law of the Commonwealth or a State or Territory is not payable in relation to:

(a)     a tax exempt matter; or

“(2) In subsection (1):

‘tax’ includes:

(a)     sales tax; and

(b)     stamp duty; and

(c)     any other tax, fee, duty, levy or charge;

but does not include income tax imposed as such by a law of the Commonwealth or fees payable under the Corporations Law of a State or Territory.

Value of trading stock for income tax purposes

“33W.(1) For the purpose of ascertaining under Subdivision B of Division 2 of Part III of the Assessment Act the value of the receiving subsidiary’s trading stock on hand at the beginning of the year of income in which the re-organisation day occurs:

“(2) Unless the contrary intention appears, expressions used in this section, and in Subdivision B of Division 2 of Part III of the Assessment Act, have the same respective meanings as in that Subdivision.

Capital gains tax—assets acquired on or after 20 September 1985

“33X.(1) This section applies in relation to an asset that:

“(2) For the purposes of calculating whether, under Part IIIA of the Assessment Act, a capital gain accrues to, or a capital loss is incurred by, the receiving subsidiary on the disposal of the asset by the subsidiary, the subsidiary is taken to have paid as consideration for the acquisition of the asset an amount calculated in accordance with this section.

“(3) If it is necessary to determine whether a capital gain has accrued, the consideration paid by the subsidiary for the acquisition of the asset is to be taken to have been:

“(4) Where it is necessary to determine whether a capital loss has been incurred, the consideration paid by the subsidiary for the acquisition of the asset is to be taken to have been:

respect of that disposal by the Authority to the receiving subsidiary—an amount equal to the market value of the asset; or

“(5) If the transferred asset is disposed of by the receiving subsidiary within 12 months of its acquisition by the Authority, subsection (3) has effect as if the references in that subsection to the indexed cost base to the Authority in relation to the asset were references to the cost base to the Authority in relation to the asset.

“(6) Unless the contrary intention appears, expressions used in this section and in Part IIIA of the Assessment Act have the same respective meanings as in that Part.

Capital gains tax—assets acquired before 20 September 1985

“33Y.(1) A transferred asset of the receiving subsidiary that was acquired by the Authority before 20 September 1985 is taken, for the purposes of Part IIIA of the Assessment Act, to have been acquired by the receiving subsidiary before that date.

“(2) Unless the contrary intention appears, expressions used in this section and in Part IIIA of the Assessment Act have the same respective meanings as in that Part.

Superannuation payments

“33Z. For the purposes of section 82AAC of the Assessment Act, a payment made by the receiving subsidiary of the Authority to the Commonwealth under:

(a)     the Superannuation Act 1976; or

(b)     the Superannuation Act 1990;

is taken to be a contribution to a fund for the purpose mentioned in paragraph 82AAC(1)(a) of the Assessment Act, being a fund that is an eligible superannuation fund, within the meaning of Part IX of the Assessment Act, in relation to the year of income of the fund in which the payment is made.”.

“Division 6—Miscellaneous

Certificates in relation to land and interests in land

“33ZA. If:

(b)     a certificate that:

(i) is signed by an authorised person; and

is lodged with the Registrar-General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the officer with whom the certificate is lodged may:

Certificates in relation to other assets

“33ZB. If:

(b)     a certificate that:

(i) is signed by an authorised person; and

(ii) identifies the asset; and

is given to the person or authority who has, under the law of the Commonwealth or of a State or Territory, responsibility for keeping a register in relation to assets of that kind;

the person or authority may:

Part to have effect in spite of laws and agreements prohibiting transfer etc.

“33ZC.(1) This Part has effect, and must be given effect to, in spite of anything in:

(b)     any contract, deed, undertaking, agreement or other instrument.

“(2) No provision of this Part, and nothing done by a person because of, or for a purpose connected with or arising out of, this Part:

(a) is to be regarded as:

“(3) Without limiting subsection (1), if, apart from this section, the consent of a person would be necessary in order to give effect to this Part in a particular respect, the consent is taken to have been given.

Compensation for acquisition of property

“33ZD.(1) If, apart from this section, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms, there is payable to the person by the Authority such reasonable amount of compensation as is agreed on between the person and the Authority or, failing agreement, as is determined by a court of competent jurisdiction.

“(2) Any damages or compensation recovered, or other remedy given, in a proceeding instituted otherwise than under this section must be taken into account in assessing compensation payable in a proceeding instituted under this section and arising out of the same event or transaction.

“(3) In this section, ‘acquisition of property’ and ‘just terms’ have the same respective meanings as in paragraph 51(xxxi) of the Constitution.”.

22. After section 34 of the Principal Act the following sections are inserted:

Subsidiary of Authority not incorporated for public purposes etc. and not a public authority

“34A. A subsidiary company is taken for the purposes of the laws of the Commonwealth, of a State or of a Territory:

except so far as express provision is made by this Act or any other law of the Commonwealth, or by a law of a State or of a Territory, as the case may be.

Application of the Environment Protection (Impact of Proposals) Act 1974 to subsidiary

“34B. The Environment Protection (Impact of Proposals) Act 1974 applies to a subsidiary company as if the company were an authority of Australia within the meaning of that Act.

Lands Acquisition Act

“34C.(1) The Lands Acquisition Act 1989 applies in relation to the acquisition of land, or an interest in land, by a subsidiary company as if the company were a Commonwealth authority within the meaning of that Act.

“(2) In subsection (1):

‘interest’, in relation to land, has the same meaning as in the Lands Acquisition Act 1989.

Laws relating to buildings, structures and facilities

“34D.(1) A law of a State or Territory that relates to:

(a) the standards applicable to:

(i) the design; or

(ii) the manner of the construction;

of a building, structure or facility; or

(c)     the occupancy, or use, of a building, structure or facility; or

(d)     the alteration or demolition of a building, structure or facility;

does not apply to a building, structure or facility that is the property of a subsidiary company if:

before the re-organisation day.

“(2) In this section:

‘facility’ includes a pipeline and any equipment that forms part of the pipeline;

‘re-organisation day’ has the same meaning as in Part VA.

Prescribed State laws relating to buildings, structures etc. not to apply to a subsidiary of the Authority

“34E.(1) A prescribed law of a State or Territory that relates to:

(a) the standards applicable to:

(i) the design; or

(ii) the manner of the construction;

of a building, structure or facility; or

(c)     the occupancy, or use, of a building, structure or facility; or

(d) the alteration or demolition of a building, structure or facility; does not apply to a building, structure or facility that is the property of a subsidiary company or is being constructed by or for a subsidiary company.

“(2) In this section:

‘facility’ includes a pipeline and any equipment that forms part of the pipeline.”.

Authority and subsidiary to do as little damage as possible

23. Section 35 of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:

“(1A) In the exercise of its powers under this Act, a subsidiary company must cause as little detriment and inconvenience, and do as little damage, as possible.”;

Marking of route of pipeline

24. Section 38 of the Principal Act is amended:

(b) by omitting “the Authority” and substituting “it”.

Pipeline licence not required

25. Section 39 of the Principal Act is amended:

26. After section 43 of the Principal Act insert the following section:

Delegation

“44. the Authority may, by writing under its seal, delegate to:

(a)     a director; or

(b)     an officer or employee of the Authority;

all or any of the powers conferred on the Authority by this Act.”.

Other amendments

27. The Principal Act is further amended as set out in the Schedule.

SCHEDULE Section 27

OTHER AMENDMENTS

Subsection 3(1) (definitions of “Chairman”, “Deputy Chairman”, “Executive Member”, “member” and “part-time member”):

Omit the definitions.

Subsection 3(1):

Insert:

“ ‘Chairperson’ means the Chairperson of the Authority;

‘Chief Executive Officer’ means the Chief Executive Officer of the Authority;

‘Deputy Chairperson’ means the Deputy Chairperson of the Authority;

‘director’ means a director of the Authority;

‘part-time director’ means a director of the Authority appointed to be a part-time director;”.

Subsections 7(1) and (2):

Omit “member”, substitute “director”.

Subsection 7(1):

After “he” insert “or she”.

Subsections 8(1), (2) and (3):

Omit “member”, substitute “director”.

Subsections 12(2), (4), (5) and (6):

Omit “Chairman” (wherever occurring), substitute “Chairperson”.

Subsection 12(4):

After “he” insert “or she”.

Subsections 12(6) and (7):

Omit “members”, substitute “directors”.

Subsection 12(9):

Omit the subsection.

Subsection 17(1):

Omit “Executive Member”, substitute “Chief Executive Officer”.

Paragraph 17(2)(a):

(a)       After “he” insert “or she”.

(b)      After “him” insert “or her”.

Paragraph 17(2)(b):

After “he” insert “or she”.

SCHEDULE—continued

Section 22:

(b)      After “him” (wherever occurring) insert “or her”.

(c)      After “his” insert “or her”.

Subsection 23(2):

(a)      Omit “Executive Member”, substitute “Chief Executive Officer”.

(b)      After “his” (wherever occurring) insert “or her”.

Subsections 32(1) and (2):

After “his” (wherever occurring) insert “or her”.

Subsections 32(4) and (5):

Omit “him”, substitute “the Auditor-General”.

Subsection 32(6):

(a)       Omit “by him”, substitute “by the Auditor-General”.

(b)      Omit “furnish him”, substitute “furnish him or her”.

NOTE

[Minister’s second reading speech made in—

House of Representatives on 9 September 1992

Senate on 5 November 1992]