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Moomba-Sydney Pipeline System Sale Act 1994
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
Department of Finance
Superseded version
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C2024C00070 (C02)
06 November 1995
-
24 November 1996
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Part 1—Preliminary
Division 1—Short title and commencement
1 Short title
2 Commencement
Division 2—Definitions and binding the Crown
3 Definitions
4 The sale day
5 Act binds the Crown
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Part 2—Transfers etc. of assets etc. to Newco and the Commonwealth
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Division 1—Transfer of certain assets etc. relating to the Moomba-Sydney pipeline system from the Authority and Pacenco to Newco
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Subdivision A—Nomination of Newco
6 Nomination of Newco
Subdivision B—Certain staff members of the Authority to become employees of Newco
7 Staff member of the Authority may consent to being employed by Newco
8 Certain staff members of the Authority to become employees of Newco
9 Subdivision not to affect certain matters relating to transferring staff members
10 Variation of terms and conditions of employment
11 Transferring staff member not to be eligible for re-appointment under the Public Service Act 1922
Subdivision C—Transfer of certain assets etc. relating to the Moomba-Sydney pipeline system business from the Authority and Pacenco to Newco
12 Certain assets and liabilities of the Authority and Pacenco to become assets and liabilities of Newco
13 References in certain instruments to the Authority or Pacenco to be references to Newco on and after the sale day
Division 2—Provisions relating to the transfer of dual destination interests to the Commonwealth and Newco
14 Dual destination interests become assets of Newco and the Commonwealth
15 Dual destination instruments that do not create easements
16 Dual destination instruments that create easements
Division 3—Transfer to the Commonwealth of certain assets and liabilities and provisions relating to certain obligations of the Authority or Pacenco
17 Transfer to the Commonwealth of easements of the Authority or Pacenco that are not specified in the easement agreement
18 Instruments relating to the easements of the Authority or Pacenco that are not specified in the easement agreement
19 Commonwealth-guaranteed debts of the Authority become debts of the Commonwealth
20 Instruments relating to Commonwealth-guaranteed debts
21 Commonwealth and Authority liable to pay certain amounts in relation to Commonwealth-guaranteed debts
22 Commonwealth liable to pay an amount to the Authority equal to Authority’s debts to the Commonwealth and set-off of debts
23 Cancellation of debts owed by Pacenco to the Authority
Division 4—Exemption from State and Territory stamp duties
24 Exemption from certain State and Territory stamp duties
Division 5—Miscellaneous provisions relating to the transfer of assets etc. under Divisions 1, 2 and 3
25 Certificates in relation to interests in land
26 Certificates in relation to other assets
27 Ending of certain rights that restrict the transfer of the Moomba-Sydney pipeline system
28 Authority, Pacenco and Commonwealth to take steps necessary to carry out transfers
29 Extraterritorial operation of Subdivision
30 Part to have effect in spite of laws and agreements prohibiting transfer etc.
31 Compensation for acquisition of property
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Part 3—Transitional and saving provisions in respect of employees of Newco that relate to the sale of shares in Newco by the Commonwealth
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Division 1—Certain staff members of the Authority taken to have resigned
32 Certain staff members of the Authority taken to have resigned
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Division 2—Transitional and saving provisions in relation to long service leave
33 Definitions
34 Long service leave for employees with less than 10 years service
35 Payments in lieu of long service leave for employees with less than 10 years service
36 Payments on the death of an employee
37 Employee’s long service leave credit for the purposes of sections 34 and 35
38 Division not to affect an employee’s post-sale long service leave rights
39 Saving—Long Service Leave Act
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Division 3—Transitional and saving provisions relating to the Safety, Rehabilitation and Compensation Act 1988
40 Interpretation
41 Transitional provisions relating to the SRC Act that relate to certain Newco body employees
42 Commonwealth liable to meet certain SRC Act liabilities and to be taken to be the employer in certain circumstances under the SRC Act
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Division 4—Transitional and saving provisions in relation to superannuation and other retirement benefits
43 Saving—deferred benefits under the Superannuation Act 1922
44 Saving—deferred benefits under the Superannuation Act 1976
45 Contribution day for the purposes of the Superannuation Act 1976
46 Saving—deferred benefits under the DFRDB Act
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Division 5—Other transitional and saving provisions
47 Transitional maternity leave provisions for maternity leave beginning after the sale day
48 Transitional maternity leave provisions for staff members of the Authority who are on maternity leave immediately before the sale day
49 Cessation of mobility rights
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Part 4—Other provisions relating to the sale of shares in Newco by the Commonwealth
50 Transitional provision relating to the Crimes (Superannuation Benefits) Act 1989
51 Commonwealth payment to Newco
52 Newco not to be taken to be established by the Commonwealth
53 Exemption from State and Territory stamp duties
54 Ending the Authority’s liability under the Commonwealth Borrowing Levy Act 1987
55 Ending the Authority’s liability under the Commonwealth Guarantees (Charges) Act 1987
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Part 5—Post-sale day staff provisions
56 Transfer time
57 Staff members who receive a Newco employment offer after sale day
58 Certain staff members of the Authority who received a Newco employment offer under section 57 taken to have resigned
59 Staff members who receive a second Newco employment offer may consent to being employed by Newco after the sale day
60 Certain staff members of the Authority to become employees of Newco
61 Part not to affect certain matters relating to transferring staff members
62 Variation of terms and conditions of employment
63 Post-sale transferee not to be eligible for re-appointment under the Public Service Act 1922
64 Certain staff members of the Authority taken to have resigned
65 Application of other transitional and saving provisions
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Part 6—Regulatory provisions relating to the Moomba-Sydney pipeline system
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Division 1—Preliminary
66 Definitions
67 Interpretation—meaning of spare capacity
68 Conduct by directors, servants or agents
69 Other provisions that relate to proving purpose
70 Part not to apply so as to exceed Commonwealth power
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Division 2—Restrictions relating to the Moomba pipeline and a Moomba operator
71 Moomba pipeline may only be owned and operated by a trading entity
72 Restrictions applying to a Moomba operator
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Division 3—Access to the Moomba pipeline
73 Moomba operator etc. must not prevent or hinder access
74 Access to the Moomba pipeline
75 Access disputes
76 Procedure on receipt of notification of an access dispute
77 Withdrawal of notification
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Division 4—Arbitration of access disputes
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Subdivision A—ACCC objectives and arbitration powers
78 ACCC objectives
79 Functions of ACCC
80 ACCC arbitration powers
81 Period within which ACCC to make its determination
82 Operation of determinations
83 Constitution of ACCC for conduct of arbitration
84 Presiding member
85 Reconstitution of ACCC
86 Determination of questions
87 Disclosure of ACCC interests by members
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Subdivision B—Preliminary matters
88 ACCC to arbitrate if access dispute not settled within 21 days
89 Parties to arbitration
90 ACCC to notify parties that it must arbitrate the dispute
91 ACCC may decide not to arbitrate a dispute if subject matter of dispute is trivial etc.
92 ACCC not to arbitrate an access dispute if subject matter of dispute is subject of Federal Court proceedings brought under section 114
93 Right to representation
94 Giving of relevant documents to ACCC
95 Power to obtain information and documents
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Subdivision C—Arbitration hearings
96 Procedure of ACCC
97 Hearing to be in private
98 Power to take evidence on oath or affirmation
99 Particular powers of ACCC
100 Party may request ACCC to treat material as confidential
101 Non-party may request ACCC to treat information etc. as confidential
102 Consent determinations
103 Parties to an arbitration not to contravene determination
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Subdivision D—Variation of determinations
104 Variation of determinations
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Division 5—Review by Tribunal of determinations of the ACCC
105 Applications for review
106 Tribunal review to be merits review
107 Functions and powers of the Tribunal
108 Time period for review of ACCC determinations
109 Determination of Tribunal taken to be determination of ACCC
110 ACCC to give Tribunal certain information
111 Regulations as to certain matters
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Division 6—Enforcement and remedies
112 Interpretation
113 Enforcement of sections 71 and 72 and regulations under section 130
114 Enforcement of sections 73 and 136 and subsection 129(1)
115 Enforcement of determinations under section 80
116 Other orders
117 Consent injunctions
118 Interim injunctions
119 Discharge or variation of injunction or other order
120 Factors relevant to the granting of a restraining injunction
121 Factors relevant to the granting of a mandatory injunction
122 Undertakings as to damages unnecessary in certain circumstances
123 Enforcement of undertakings
124 Powers of Federal Court where non-compliance with ACCC requirements
125 Jurisdiction of courts
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Division 7—Appeals
126 Appeals to Federal Court from determinations of the Tribunal
127 Operation and implementation of a determination that is subject to appeal
128 Sending of documents to, and return of documents by, the Federal Court
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Division 8—Provision of information on haulage charges etc.
129 Haulage charges etc. to be given on request
130 Publishing of information by Moomba operator
131 ACCC to monitor haulage charges
132 Information to be supplied to the ACCC
133 Reports etc. to be given to ACCC if any transactions are not at arm’s length
134 Confidential information
135 ACCC to report to Treasurer
136 Certain information to be supplied to the ACCC
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Division 9—Miscellaneous
137 Compensation for acquisition of property
138 Commonwealth to pay compensation for the ending of certain contractual rights
139 ACCC approval of certain agreements for the supply of haulage services
140 Part not to limit Part IV of the Trade Practices Act 1974
141 Failure of witness to attend
142 Refusal to be sworn or to answer questions
143 Intimidation etc.
144 Criminal proceedings
145 Application of Part to joint ventures
146 Application of Part to trading entities
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Part 7—Amendments of the Pipeline Authority Act 1973
147 Principal Act
148 Interpretation
149 Membership of Authority
150 Leave of absence
151 Chief Executive Officer
152 Acting appointments—part-time directors
153 Meetings of Authority
154 Repeal of section and substitution of new section
155 Duties of the Authority
156 Insertion of new section
157 Particular powers of the Authority
158 Repeal of section and substitution of new section
159 Repeal of sections 18A and 25
160 Repeal of section and substitution of new section
161 Repeal of section 33B
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Part 8—Abolition of the Pipeline Authority
162 Principal Act
163 Definitions
164 Repeal of sections and substitution of new section
165 Repeal of Parts II, III, IV and VI
166 Residual assets and liabilities to become Commonwealth assets and liabilities of the Commonwealth
167 Pending proceedings
168 Minister may dispose of or deal with residual assets
169 Exemption from certain State and Territory stamp duties
170 Certificates in relation to interests in land
171 Certificates in relation to other assets
172 Part to have effect in spite of laws and agreements prohibiting transfer etc.
173 Saving and transitional matters
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Part 9—Miscellaneous
174 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history