Metro Tasmania Act 1997
An Act to establish Metro Tasmania to provide for road passenger transport services and for related purposes
[Royal Assent 14 January 1998]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Metro Tasmania Act 1997 .
This Act commences on a day to be proclaimed.
In this Act –Board means the board of directors of the Company referred to in section 9 ;Company means the company referred to in section 4 ;liability includes any liability, duty and obligation, whether actual, contingent or prospective;member of the Company means a member referred to in section 7 ;principal objective means the objective of the Company specified in section 5 ;property means –(a) any legal or equitable estate or interest, whether present or future and whether vested or contingent, in real or personal property; and(b) money, documents and securities; and(c) any other rights;right includes any right, power, privilege and immunity, whether actual, contingent or prospective.
PART 2 - Metro Tasmania
The Minister may form, or participate in the formation of, a company limited by shares that is to be incorporated under the Corporations Law to perform functions relating to the operation of a public transport system.
5. Principal objective of Company
The principal objective of the Company is to provide road passenger transport services in Tasmania and to operate those services in a manner consistent with sound commercial practice.
6. Memorandum and articles of Company
(1) The memorandum of association of the Company on its incorporation is to include the principal objective of the Company.(2) The provisions of the memorandum and articles of association of the Company on its incorporation are to be consistent with this Act.
The members of the Company on its incorporation are the Minister and the Treasurer.
(1) The consideration for shares issued to the members of the Company on its incorporation is to be the property and rights vested in the Company under the Metro Tasmania (Transitional and Consequential Provisions) Act 1997 .(2) Shares issued to the members of the Company are held by the members in trust for the Crown.
The Company is to have a board of directors who must have the experience and skills necessary to enable the Company to achieve its objectives.
(1) Unless this or any other Act expressly provides otherwise, the Company –(a) is not, and does not represent, the Crown in right of Tasmania; and(b) is not exempt from any rate, tax, duty or other impost imposed under any law merely because the Crown in right of Tasmania has beneficial ownership of shares in it; and(c) is not subject to any prerogative right or privilege of the Crown in right of Tasmania.(2) The Crown in right of Tasmania is not liable for any liability or obligation of the Company unless the Treasurer gives a guarantee or indemnity under section 13 .
PART 3 - Financial Provisions
11. Accounts and report of Company
(1) The Board is to provide the Minister with copies of the following:(a) the memorandum and articles of association of the Company and any amendments to the memorandum or articles;(b) any financial statement, directors' report or auditor's report and the annual return for the Company as required by the Corporations Law.(2) The Minister must cause to be laid before each House of Parliament the copies referred to in subsection (1) within 7 sitting days after receiving them.
(1) The Treasurer may lend to the Company, out of money provided by Parliament for the purpose, any money the Treasurer considers appropriate.(2) A loan is subject to any conditions the Treasurer determines.(3) An amount lent under subsection (1) and any interest or other charge payable in respect of the loan is a debt repayable by the Company to the Crown.
(1) On the written request of the Company, the Treasurer, in writing, may guarantee or give an indemnity relating to –(a) the repayment of any money lent or agreed to be lent to the Company; or(b) the performance of an obligation undertaken by the Company, or which the Company has agreed to undertake, whether that obligation is monetary or otherwise.(2) A guarantee or an indemnity –(a) may include a guarantee of, or an indemnity relating to, any interest and other charges payable in respect of money lent or agreed to be lent or in respect of or arising from an obligation undertaken or agreed to be undertaken; and(b) is subject to any conditions the Treasurer determines and specifies in the guarantee or indemnity.(3) The Treasurer must make any required payment out of money provided by Parliament for the purpose.(4) This section has effect regardless of where the loan or obligation was undertaken or agreed to be undertaken or where it is required to be repaid or performed.
14. Fees in respect of guarantee and indemnity
Division 1 of Part 11 of the Government Business Enterprises Act 1995 applies in respect of the Company as if –(a) the Company were a Government Business Enterprise specified in Schedule 2 to that Act; and(b) a reference to financial accommodation in that Division were a reference to a financial benefit arising from a guarantee given under section 13 of this Act.
The provisions of Part 10 of the Government Business Enterprises Act 1995 apply in respect of the Company as if the Company were a Government Business Enterprise specified in Schedule 2 to that Act.
Any Treasurer's Instructions issued under the Government Business Enterprises Act 1995 providing for guidelines relating to the determination, calculation and payment of income tax equivalents, sales tax equivalents and guarantee fees and other related matters apply to the Company as if it were a Government Business Enterprise specified in Schedule 2 to that Act.
17. Effect of Financial Agreement Act 1994
If, under section 5(1) of the Financial Agreement Act 1994 , the Treasurer requires the Company to do or refrain from doing anything for the purpose of implementing the Agreement, within the meaning of that Act, the Company must comply with that requirement.
The Company must, when so required by the Minister administering the Retirement Benefits Act 1993 or the Retirement Benefits Fund Board, provide any information that may be required for an actuarial review of any of its liabilities under that Act.
PART 4 - Miscellaneous and Supplemental
19. Limitation on sale, &c., of assets
(1) The Company may not sell or otherwise dispose of the whole or a substantial part of its assets unless the sale or disposal is approved by each House of Parliament.(2) For the purposes of subsection (1) , a sale or disposal is approved by a House of Parliament –(a) when the House passes a motion approving the sale or disposal; or(b) at the end of 5 sitting days after notice of the sale or disposal was laid before the House if no notice of a motion to disapprove the sale or disposal is before the House; or(c) if any such notice is before the House at the end of that period, when the first of the following occurs:(i) the notice is withdrawn;(ii) the motion is negatived;(iii) a further period of 5 sitting days ends.
20. Land Acquisition Act 1993 does not apply
The Company is not a public authority for the purposes of the Land Acquisition Act 1993 .
21. Arrangements with Minister
(1) The Minister may enter into an agreement with the Company consistent with its principal objective under which it agrees to perform, or to cease to perform, functions.(2) The terms of the agreement may provide for reimbursement to the Company out of money provided by Parliament for the purpose.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Transport; and(b) the Department responsible to that Minister in relation to the administration of this Act is the Department of Transport.
[Second reading presentation speech made in:
House of Assembly on 1 DECEMBER 1997
Legislative Council on 9 DECEMBER 1997]