Metro Tasmania Amendment Act 2018
An Act to amend the Metro Tasmania Act 1997 to enable Metro Tasmania to provide any form of public transport and to repeal Part 3A of that Act, to amend that Act, and certain other Acts under which state-owned companies are formed, to allow the members of Metro Tasmania and of those companies to provide statements of their expectations and to require Metro Tasmania and those companies to comply with Treasurer’s Instructions issued under the Government Business Enterprises Act 1995 , to consequentially amend the Metro Tasmania Fares Order 2016 and for related purposes
[Royal Assent 10 September 2018]
Be it enacted by Her 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 Amendment Act 2018 .
This Act commences on the day on which this Act receives the Royal Assent.
PART 2 - Metro Tasmania Act 1997 Amended
In this Part, the Metro Tasmania Act 1997 is referred to as the Principal Act.
4. Long title amended
The long title of the Principal Act is amended by omitting "road".
5. Section 4 amended (Formation of Company)
Section 4 of the Principal Act is amended by omitting "a public transport system." and substituting "one or more public transport systems.".
6. Section 5 amended (Principal objective of Company)
Section 5 of the Principal Act is amended as follows:(a) by omitting "road";(b) by omitting "Tasmania" and substituting "Tasmania, whether those services are by road, rail, ferry or otherwise,".
7. Section 10A inserted
After section 10 of the Principal Act , the following section is inserted in Part 2:10A. Members' statement of expectations
(1) The members are to provide the Board with a statement of expectations.(2) The statement of expectations is to specify –(a) the expectations of the members in relation to the strategic priorities of the Company; and(b) the policy expectations of the members for the performance of the Company and its subsidiaries.(3) The members, at any time, may at their own discretion or on the application of the Board –(a) amend the statement of expectations; or(b) revoke the statement of expectations and substitute another statement of expectations.(4) Before or while preparing a statement of expectations or an amendment to a statement of expectations, the members are to consult with the Board.(5) A statement of expectations and an amendment to a statement of expectations are to be in writing and signed by each member.(6) A statement of expectations, or an amendment to a statement of expectations, takes effect on a day specified in it, being a day not earlier than the day on which the statement or amendment is provided to the Company.(7) The Minister must cause a copy of the statement of expectations, or of an amendment to a statement of expectations, to be laid before each House of Parliament within 10 sitting-days after the statement or amendment has been signed as required by subsection (5) .
8. Section 16 repealed
Section 16 of the Principal Act is repealed.
9. Part 3A repealed
Part 3A of the Principal Act is repealed.
10. Sections 19B and 19C inserted
After section 19A of the Principal Act , the following sections are inserted in Part 4:(1) In this section –Treasurer's Instruction means a Treasurer's Instruction issued under section 114 of the Government Business Enterprises Act 1995 .(2) A Treasurer's Instruction applies to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1, 2 and 3 of the Government Business Enterprises Act 1995 .(3) The Treasurer may issue Treasurer's Instructions specifically in relation to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1, 2 and 3 of the Government Business Enterprises Act 1995 .(4) The Company and each subsidiary of the Company are to comply with all relevant Treasurer's Instructions.(5) The Treasurer may exempt the Company or a subsidiary of the Company, or both, from the obligation to comply with all or part of a Treasurer's Instruction.19C. Application of Corporations Act
To the extent that a provision of this Act is incapable of concurrent operation with the Corporations Act, that provision is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act.
11. Section 22 substituted
Section 22 of the Principal Act is repealed and the following section is substituted:22. Transitional and savings provisions consequent on Metro Tasmania Amendment Act 2018
(1) In this section –amended order means the Metro Tasmania Fares Order 2016 as amended by the Metro Tasmania Amendment Act 2018 ;commencement day means the day on which the Metro Tasmania Amendment Act 2018 commenced.(2) Despite the repeal, by the Metro Tasmania Amendment Act 2018 , of Part 3A of this Act as in force immediately before the commencement day, the amended order remains in force until revoked by the Minister by order.(3) An order under subsection (2) is a statutory rule within the meaning of the Rules Publication Act 1953 .
PART 3 - Metro Tasmania Fares Order 2016 Amended
In this Part, the Metro Tasmania Fares Order 2016 is referred to as the Principal Order.
13. Clause 7 revoked
Clause 7 of the Principal Order is revoked.
PART 4 - Electricity Companies Act 1997 Amended
In this Part, the Electricity Companies Act 1997 is referred to as the Principal Act.
15. Section 11A inserted
After section 11 of the Principal Act , the following section is inserted in Division 1:11A. Members' statement of expectations
(1) The members of a company are to provide the board of directors with a statement of expectations.(2) The statement of expectations is to specify –(a) the expectations of the members in relation to the strategic priorities of the company; and(b) the policy expectations of the members for the performance of the company and its subsidiaries.(3) The members of a company, at any time, may at their own discretion or on the application of the board of directors –(a) amend the statement of expectations; or(b) revoke the statement of expectations and substitute another statement of expectations.(4) Before or while preparing a statement of expectations or an amendment to a statement of expectations, the members of a company are to consult with the board of directors.(5) A statement of expectations and an amendment to a statement of expectations are to be in writing and signed by each member.(6) A statement of expectations, or an amendment to a statement of expectations, takes effect on a day specified in it, being a day not earlier than the day on which the statement or amendment is provided to the company.(7) The Minister must cause a copy of the statement of expectations, or of an amendment to a statement of expectations, to be laid before each House of Parliament within 10 sitting-days after the statement or amendment has been signed as required by subsection (5) .
16. Section 16 repealed
Section 16 of the Principal Act is repealed.
17. Sections 21A and 21B inserted
After section 21 of the Principal Act , the following sections are inserted in Part 3:(1) In this section –Treasurer's Instruction means a Treasurer's Instruction issued under section 114 of the Government Business Enterprises Act 1995 .(2) A Treasurer's Instruction applies to a company, and each subsidiary of that company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(3) The Treasurer may issue Treasurer's Instructions specifically in relation to a company, and a subsidiary of a company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(4) A company and a subsidiary of a company are to comply with all relevant Treasurer's Instructions.(5) The Treasurer may exempt a company or a subsidiary of a company, or both, from the obligation to comply with all or part of a Treasurer's Instruction.21B. Application of Corporations Act
To the extent that a provision of this Act is incapable of concurrent operation with the Corporations Act, that provision is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act.
PART 5 - Irrigation Company Act 2011 Amended
In this Part, the Irrigation Company Act 2011 is referred to as the Principal Act.
19. Section 13 substituted
Section 13 of the Principal Act is repealed and the following section is substituted:13. Members' statement of expectations
(1) The members are to provide the Board with a statement of expectations.(2) The statement of expectations is to specify –(a) the expectations of the members in relation to the strategic priorities of the Company; and(b) the policy expectations of the members for the performance of the Company and its subsidiaries.(3) The members, at any time, may at their own discretion or on the application of the Board –(a) amend the statement of expectations; or(b) revoke the statement of expectations and substitute another statement of expectations.(4) Before or while preparing a statement of expectations or an amendment to a statement of expectations, the members are to consult with the Board.(5) A statement of expectations and an amendment to a statement of expectations are to be in writing and signed by each member.(6) A statement of expectations, or an amendment to a statement of expectations, takes effect on a day specified in it, being a day not earlier than the day on which the statement or amendment is provided to the Company.(7) The Minister must cause a copy of the statement of expectations, or of an amendment to a statement of expectations, to be laid before each House of Parliament within 10 sitting-days after the statement or amendment has been signed as required by subsection (5) .
20. Section 24 repealed
Section 24 of the Principal Act is repealed.
21. Section 35A inserted
Before section 36 of the Principal Act , the following section is inserted in Part 5:(1) In this section –Treasurer's Instruction means a Treasurer's Instruction issued under section 114 of the Government Business Enterprises Act 1995 .(2) A Treasurer's Instruction applies to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(3) The Treasurer may issue Treasurer's Instructions specifically in relation to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(4) The Company and each subsidiary of the Company are to comply with all relevant Treasurer's Instructions.(5) The Treasurer may exempt the Company or a subsidiary of the Company, or both, from the obligation to comply with all or part of a Treasurer's Instruction.
22. Section 36 amended (Application of Corporations Act)
Section 36 of the Principal Act is amended by inserting "Corporations legislation" after "be a".
PART 6 - Racing (Tasracing Pty Ltd) Act 2009 Amended
In this Part, the Racing (Tasracing Pty Ltd) Act 2009 is referred to as the Principal Act.
24. Section 8 repealed
Section 8 of the Principal Act is repealed.
25. Section 12 amended (Members' statement of expectations)
Section 12 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "shareholders'";(b) by omitting from subsection (2) "shareholders'";(c) by omitting from subsection (3)(a) "shareholders'";(d) by omitting from subsection (3)(b) "shareholders'" twice occurring;(e) by omitting from subsection (4) "shareholders'" twice occurring;(f) by inserting the following subsections after subsection (4) :(5) A statement of expectations and an amendment to a statement of expectations are to be in writing and signed by each member.(6) A statement of expectations, or an amendment to a statement of expectations, takes effect on a day specified in it, being a day not earlier than the day on which the statement or amendment is provided to the Company.(7) The Minister must cause a copy of the statement of expectations, or of an amendment to a statement of expectations, to be laid before each House of Parliament within 10 sitting-days after the statement or amendment has been signed as required by subsection (5) .
26. Section 21 repealed
Section 21 of the Principal Act is repealed.
27. Sections 28A and 28B inserted
After section 28 of the Principal Act , the following sections are inserted in Part 4:(1) In this section –Treasurer's Instruction means a Treasurer's Instruction issued under section 114 of the Government Business Enterprises Act 1995 .(2) A Treasurer's Instruction applies to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(3) The Treasurer may issue Treasurer's Instructions specifically in relation to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(4) The Company and each subsidiary of the Company are to comply with all relevant Treasurer's Instructions.(5) The Treasurer may exempt the Company or a subsidiary of the Company, or both, from the obligation to comply with all or part of a Treasurer's Instruction.28B. Application of Corporations Act
To the extent that a provision of this Act is incapable of concurrent operation with the Corporations Act, that provision is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act.
PART 7 - Rail Company Act 2009 Amended
In this Part, the Rail Company Act 2009 is referred to as the Principal Act.
29. Section 15 amended (Guarantee fees)
Section 15 of the Principal Act is amended by omitting subsection (2) .
30. Section 16 amended (Tax equivalents)
Section 16 of the Principal Act is amended by omitting subsection (2) .
31. Section 20 amended (Members' statement of expectations)
Section 20 of the Principal Act is amended by inserting after subsection (4) the following subsections:(5) A statement of expectations and an amendment to a statement of expectations are to be in writing and signed by each member.(6) A statement of expectations, or an amendment to a statement of expectations, takes effect on a day specified in it, being a day not earlier than the day on which the statement or amendment is provided to the Company.(7) The Minister must cause a copy of the statement of expectations, or of an amendment to a statement of expectations, to be laid before each House of Parliament within 10-sitting days after the statement or amendment has been signed as required by subsection (5) .
32. Section 38A inserted
After section 38 of the Principal Act , the following section is inserted in Part 6:(1) In this section –Treasurer's Instruction means a Treasurer's Instruction issued under section 114 of the Government Business Enterprises Act 1995 .(2) A Treasurer's Instruction applies to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(3) The Treasurer may issue Treasurer's Instructions specifically in relation to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(4) The Company and each subsidiary of the Company are to comply with all relevant Treasurer's Instructions.(5) The Treasurer may exempt the Company or a subsidiary of the Company, or both, from the obligation to comply with all or part of a Treasurer's Instruction.
PART 8 - TT-Line Arrangements Act 1993 Amended
In this Part, the TT-Line Arrangements Act 1993 is referred to as the Principal Act.
34. Section 13 inserted
After section 12 of the Principal Act , the following section is inserted in Part 2:13. Members' statement of expectations
(1) The members of the Company are to provide the board of directors with a statement of expectations.(2) The statement of expectations is to specify –(a) the expectations of the members of the Company in relation to the strategic priorities of the Company; and(b) the policy expectations of the members of the Company for the performance of the Company and its subsidiaries.(3) The members of the Company, at any time, may at their own discretion or on the application of the board of directors –(a) amend the statement of expectations; or(b) revoke the statement of expectations and substitute another statement of expectations.(4) Before or while preparing a statement of expectations or an amendment to a statement of expectations, the members of the Company are to consult with the board of directors.(5) A statement of expectations and an amendment to a statement of expectations are to be in writing and signed by each member.(6) A statement of expectations, or an amendment to a statement of expectations, takes effect on a day specified in it, being a day not earlier than the day on which the statement or amendment is provided to the Company.(7) The Minister must cause a copy of the statement of expectations, or of an amendment to a statement of expectations, to be laid before each House of Parliament within 10-sitting days after the statement or amendment has been signed as required by subsection (5) .
35. Section 18A repealed
Section 18A of the Principal Act is repealed.
36. Sections 21A and 21B inserted
After section 21 of the Principal Act , the following sections are inserted in Part 3:(1) In this section –Treasurer's Instruction means a Treasurer's Instruction issued under section 114 of the Government Business Enterprises Act 1995 .(2) A Treasurer's Instruction applies to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(3) The Treasurer may issue Treasurer's Instructions specifically in relation to the Company, and each subsidiary of the Company, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(4) The Company and each subsidiary of the Company are to comply with all relevant Treasurer's Instructions.(5) The Treasurer may exempt the Company or a subsidiary of the Company, or both, from the obligation to comply with all or part of a Treasurer's Instruction.21B. Application of Corporations Act
To the extent that a provision of this Act is incapable of concurrent operation with the Corporations Act, that provision is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act.
PART 9 - Tasmanian Ports Corporation Act 2005 Amended
In this Part, the Tasmanian Ports Corporation Act 2005 is referred to as the Principal Act.
38. Section 13A inserted
After section 13 of the Principal Act , the following section is inserted in Part 2:13A. Members' statement of expectations
(1) The members are to provide the Board with a statement of expectations.(2) The statement of expectations is to specify –(a) the expectations of the members in relation to the strategic priorities of the Corporation; and(b) the policy expectations of the members for the performance of the Corporation and its subsidiaries.(3) The members, at any time, may at their own discretion, or on the application of the Board –(a) amend the statement of expectations; or(b) revoke the statement of expectations and substitute another statement of expectations.(4) Before or while preparing a statement of expectations or an amendment to a statement of expectations, the members are to consult with the Board.(5) A statement of expectations and an amendment to a statement of expectations are to be in writing and signed by each member.(6) A statement of expectations, or an amendment to a statement of expectations, takes effect on a day specified in it, being a day not earlier than the day on which the statement or amendment is provided to the Corporation.(7) The Minister must cause a copy of the statement of expectations, or of an amendment to a statement of expectations, to be laid before each House of Parliament within 10 sitting-days after the statement or amendment has been signed as required by subsection (5) .
39. Section 17 amended (Guarantee fees)
Section 17 of the Principal Act is amended by omitting subsection (2) .
40. Section 18 amended (Tax equivalents)
Section 18 of the Principal Act is amended by omitting subsection (2) .
41. Section 29 substituted
Section 29 of the Principal Act is repealed and the following sections are substituted:(1) In this section –Treasurer's Instruction means a Treasurer's Instruction issued under section 114 of the Government Business Enterprises Act 1995 .(2) A Treasurer's Instruction applies to the Corporation, and each subsidiary of the Corporation, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(3) The Treasurer may issue Treasurer's Instructions specifically in relation to the Corporation, and each subsidiary of the Corporation, as if they were Government Business Enterprises specified in Schedules 1 , 2 and 3 of the Government Business Enterprises Act 1995 .(4) The Corporation and each subsidiary of the Corporation are to comply with all relevant Treasurer's Instructions.(5) The Treasurer may exempt the Corporation or a subsidiary of the Corporation, or both, from the obligation to comply with all or part of a Treasurer's Instruction.29A. Application of Corporations Act
To the extent that a provision of this Act is incapable of concurrent operation with the Corporations Act, that provision is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act.
PART 10 - Miscellaneous
This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.
[Second reading presentation speech made in:
House of Assembly on 12 JUNE 2018
Legislative Council on 22 AUGUST 2018]