Tasmanian Government Insurance Office (Sale) Act 1993

Tasmanian Government Insurance Office (Sale) Act 1993

An Act to provide for the sale of the Tasmanian Government Insurance Office business, to repeal the Tasmanian Government Insurance Act 1919 and to make consequential amendments to other Acts

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

1.   Short title

This Act may be cited as the Tasmanian Government Insurance Office (Sale) Act 1993 .

2.   Commencement

(1)  [Section 2 Subsection (1) amended by No. 103 of 1993, s. 30 and Sched. 6 ] Parts 1 , 2 and 3 commence on the day on which this Act receives the Royal Assent.

(2)  The remaining provisions of this Act commence on a day or days to be proclaimed.

3.   Interpretation

(1)  In this Act, unless the contrary intention appears –

Board means the Tasmanian Government Insurance Board as established under the TGIO Act ;

corporation means any corporation formed under section 11 ;

Crown means the Crown in right of the State of Tasmania;

instrument includes an instrument (other than this Act) which creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law) and includes a judgment, order and process of a court;

insurance policy includes any contract, arrangement or understanding relating to the reinsurance of any liability of the Crown or the Board or any other person under an insurance policy;

legal proceedings includes an arbitration;

liabilities includes all liabilities, duties and obligations, whether actual, contingent or prospective;

Office means the Tasmanian Government Insurance Office as established under the TGIO Act ;

order means an order made in accordance with section 21 ;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property and includes money, documents, securities, choses in action and other rights;

purchaser means any person, other than the Treasurer, who is a party to a sale under section 6 (1) and who, by virtue of that sale, is the transferee or assignee of, or takes a beneficial interest in, any property or who, by virtue of that sale, assumes any liability;

regulations means regulations made and in force under section 24 ;

rights includes all rights, powers, privileges and immunities, whether actual, contingent or prospective;

sale includes a transfer, assignment and any other disposition of property, whether for consideration or not;

security means a mortgage or charge, whether legal or equitable, or a debenture, bill of exchange, promissory note, guarantee, lien or pledge or any other property or transaction representing security for the payment of money or for the discharge of an actual or contingent liability;

TGIO Act means the Tasmanian Government Insurance Act 1919 ;

TGIO business means the business conducted under the TGIO Act and includes –

(a) the Office; and

(b) all the property and goodwill of that business; and

(c) all the liabilities assumed in connection with that business –

but does not include any part of the business that under the regulations is excluded from the operation of this Act;

TGIO employee means a person employed under the TGIO Act .

(2)  For the purposes of this Act –

(a) where a person performs any functions or exercises any powers under the TGIO Act for or on behalf of the Crown, references in this Act to the Crown relating to the TGIO business are taken to include references to that person; and

(b) where under the TGIO Act any property or liabilities have, or purport to have been, held by, created by or dealt with by the Office, the property or liabilities are taken to have been held by, created by or dealt with by the Board, as the case may be.

4.   Objects of Act

The objects of this Act are to provide for the sale of the TGIO business or any part or parts of the TGIO business.

5.   Act binds Crown

This Act binds the Crown not only in right of Tasmania but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

PART 2 - Sale of Tasmanian Government Insurance Office Business

Division 1 - Power of Treasurer to sell TGIO business

6.   Power of Treasurer to sell TGIO business

(1)  The Treasurer may, on behalf of the Crown, sell –

(a) the whole or any part or parts of the TGIO business; or

(b) any interest held by the Treasurer in the capital of a corporation –

to any person on such terms and conditions as the Treasurer thinks fit.

(2)  A sale under subsection (1) (a) is of no effect unless it takes effect on or before 30 June 1994.

(3)  Without limiting the generality of subsection (1) , the Treasurer may in conjunction with any sale under that subsection, sell or grant a right to use any name, trade mark or service mark (whether registered or unregistered), indicia or get-up or any other property –

(a) that is used for the purposes of the TGIO business; or

(b) that is used by a corporation; or

(c) that the purchaser would not otherwise be permitted to use.

7.   Proceeds of sale

(1)  The proceeds of a sale under this Part are to be paid into an account established in the Special Deposits and Trust Fund and are to be applied in retirement of State debt.

(2)  There may be deducted from the proceeds of sale before payment as required by subsection (1) such amount as the Treasurer approves to meet the expenses reasonably incurred in connection with the sale (including expenses incurred in connection with the formation of a corporation).

8.   Treasurer to have regard to certain matters

In exercising any power conferred by this Part, the Treasurer must haveregard to –

(a) the achievement of a fair and reasonable market price for the TGIO business; and

(b) the preservation of accrued entitlements of TGIO employees.

9.   Construction of instruments

(1)  This section applies to an instrument –

(a) which was in force immediately before the date on which a sale under section 6 (1) takes effect; and

(b) in which there is a reference to the Crown or the Board relating to the whole or a part of the TGIO business.

(2)  Where the whole of the TGIO business is sold, an instrument to which this section applies has effect on and from the date on which the sale takes effect as if –

(a) the reference were a reference to the purchaser; or

(b) if the case so requires, the reference included a reference to the purchaser –

unless the context or subject-matter of the instrument otherwise indicates or requires.

(3)  Where –

(a) a part of the TGIO business is sold; and

(b) in an instrument to which this section applies there is a reference to the Crown or the Board relating to that part of the TGIO business –

the instrument has effect on and from the date on which the sale takes effect as if –

(c) the reference were a reference to the purchaser; or

(d) if the case so requires, the reference included a reference to the purchaser –

unless the context or subject-matter of the instrument otherwise indicates or requires.

10.   Supplementary provisions with respect to legal proceedings, documents, &c.

(1)  Where the whole of the TGIO business is sold under section 6 (1) , the following provisions have effect:

(a) legal proceedings instituted by or against the Crown or the Board relating to the TGIO business before and pending on the date on which the sale takes effect may be continued by or, as the case may be, against the purchaser; and

(b) a judgment or order of a court obtained in those proceedings by or against the Crown or the Board relating to the TGIO business may on and after that date be enforced by or, as the case may be, against the purchaser; and

(c) a document addressed to and purporting to be served on the Crown or the Board relating to the TGIO business and to those proceedings is taken to be served on the purchaser.

(2)  Where –

(a) a part of the TGIO business is sold under section 6 (1) ; and

(b) any legal proceedings instituted by or against the Crown or the Board relating to that part of the TGIO business, have been instituted before and are pending on that date –

the following provisions have effect:

(c) those proceedings may be continued by or, as the case may be, against the purchaser;

(d) a judgment or order of a court obtained in those proceedings by or against the Crown or the Board relating to that part of the TGIO business may be enforced by or, as the case may be, against the purchaser;

(e) a document addressed to and purporting to be served on the Crown or the Board relating to that part of the TGIO business and to those proceedings is taken to be served on the purchaser.

Division 2 - Formation of corporations

11.   Treasurer may form corporations

(1)  For the purposes of this Act, the Treasurer may under the Corporations Law form, or participate in the formation of, one or more corporations limited by shares.

(2)  The Treasurer may give a written direction or directions to the Board requiring the Board to do any act for the purpose of exercising the Treasurer's powers under subsection (1) .

(3)  A direction under subsection (2) may specify the manner in which a corporation is to be formed and without limitation may specify –

(a) the identity of the shareholders in the corporation; and

(b) the terms of the memorandum and articles of association of the corporation; and

(c) the name of the corporation –

and may require that any action necessary for, or incidental to, the formation of the corporation may be undertaken only with the written consent of the Treasurer.

(4)  The Board may delegate to any person any of the duties to be performed by it under this section.

(5)  The Treasurer may on behalf of the Crown be a member of a corporation.

12.   Transfer of property, &c., and construction of instruments

Where a corporation has been formed under section 11 , the following provisions have effect on and from a date fixed by an order made by the Treasurer for the purposes of this section:

(a) the property of the Crown or the Board relating to the TGIO business and specified in the order vests in the corporation;

(b) the liabilities of the Crown or the Board relating to the TGIO business and specified in the order become the liabilities of the corporation –

and where in an instrument in force immediately before that date there is a reference to the Crown or the Board relating to that property or those liabilities, the instrument has effect on and from that date as if –

(c) the reference were a reference to the corporation; or

(d) if the case so requires, the reference included a reference to the corporation –

unless the context or subject-matter of the instrument otherwise indicates or requires.

13.   Supplementary provisions with respect to legal proceedings, documents, &c.

On and from a date fixed by an order made by the Treasurer for the purposes of section 12 , the following provisions have effect relating to any legal proceedings instituted by or against the Crown or the Board relating to any part of the TGIO business specified in the order, if the proceedings were instituted before and pending on that date:

(a) those proceedings may be continued by or, as the case may be, against the relevant corporation;

(b) a judgment or order of a court obtained in those proceedings by or against the Crown or the Board relating to the TGIO business, may be enforced by or, as the case may be, against the relevant corporation;

(c) a document addressed to and purporting to be served on the Crown or the Board relating to the TGIO business and to those proceedings is taken to be served on the relevant corporation.

14.   Status of corporations

(1)  This section applies to a corporation only during a period commencing on a date fixed by an order made by the Treasurer for the purposes of this section when the whole of the capital of the corporation is beneficially held by the Crown.

(2)  A corporation to which this section applies is an agency through which the Crownengages in State Insurance as referred to in section 51 (xiv) of the Commonwealth Constitution and for that purpose is a public authority of the Crown.

(3)  Notwithstanding subsection (2) , the corporation is not exempt from any rate, tax, duty or other impost imposed by or under any law of Tasmania by reason only of the fact that it is a corporation in which the Crown holds shares.

Division 3 - Saving for insurance policies and other contracts

15.   Interpretation

In this Division, contract includes an insurance policy.

16.   Effect of this Part on contracts

Where a sale under section 6 (1) (a) includes any contract, any rights or liabilities of the Crown or the Board under that contract cease on the date on which the sale takes effect to be rights or liabilities of the Crown or the Board and become rights or liabilities of the purchaser.

17.   Saving for contracts

A person who is a party to a contract is not entitled to terminate that contract by reason only of anything done or omitted to be done under this Part.

PART 3 - Supplemental and Miscellaneous

Division 1 - Government guarantee of policies

18.   Government guarantee continued for existing policies, &c.

(1)  Each policy, within the meaning of the TGIO Act , issued by the Board under that Act continues to be guaranteed by the Government of Tasmania notwithstanding that –

(a) any liability under that policy has become a liability of a corporation or a purchaser; or

(b) under section 36 of this Act, section 22 of the TGIO Act is repealed.

(2)  Each insurance policy that a corporation issues or offers to issue when the whole of the capital of the corporation is beneficially held by the Crown is guaranteed by the Crown.

(3)  Where –

(a) any interest in the capital of a corporation is beneficially held by the Crown; and

(b) the corporation issues or offers to issue an insurance policy or class of insurance policies approved by the Treasurer –

that policy or class of insurance policies is guaranteed by the Crown.

(4)  For the purposes of subsection (3) , an approval by the Treasurer –

(a) is taken to be granted on the condition that an interest in the capital of the corporation is at the time of the approval beneficially held by the Crown; and

(b) may be granted on such other conditions as the Treasurer thinks fit.

(5)  Any liability arising from a guarantee under this section is to be met out of the Consolidated Fund which is appropriated accordingly.

Division 2 - Transfer of TGIO employees

19.   Transfer of TGIO employees

(1)  In this section, related body corporate has the same meaning as in the Corporations Law.

(2)  On the date of a sale under section 6 (1) (a) –

(a) the purchaser or a related body corporate of the purchaser specified in an order made by the Treasurer for the purposes of this subsection becomes the employer of each TGIO employee specified in the order; and

(b) each TGIO employee of whom the relevant purchaser or the relevant related body corporate of that purchaser becomes the employer under paragraph (a) and who is an employee, within the meaning of the Tasmanian State Service Act 1984 , ceases to hold office as such; and

(c) each appointment of any of those TGIO employees made under section 7 of the TGIO Act is cancelled.

(3)  Where a corporation has been formed under section 11 , on a date fixed by an order made by the Treasurer for the purposes of this section –

(a) a corporation or a related body corporate of the corporation specified in the order becomes the employer of each TGIO employee specified in the order; and

(b) each TGIO employee of whom the corporation or the relevant related body corporate of the corporation becomes the employer under paragraph (a) and who is an employee, within the meaning of the Tasmanian State Service Act 1984 , ceases to hold office as such; and

(c) each appointment of any of those TGIO employees made under section 7 of the TGIO Act is cancelled.

20.   Consequences of transfer of TGIO employees

Except as provided by the Retirement Benefits Act 1982 , as amended by this Act, a TGIO employee is not entitled to receive any payment or other benefit by reason only of the fact that, under section 19 of this Act, that employee ceases to be employed under the TGIO Act or the Tasmanian State Service Act 1984 , as the case may be.

Division 3 - Supplemental

21.   Gazettal of orders

An order made by the Treasurer for the purposes of this Act –

(a) is to be published in the Gazette unless it relates solely to the transfer of TGIO employees as provided by Division 2 ; and

(b) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

22.   Exemption from tax for documents under Part 2

(1)  In this section, State tax means application or registration fees, stamp duty or any other tax, duty, fee or charge imposed by any Act or law of Tasmania.

(2)  State tax is not payable in respect of any document prepared for the sale of the whole or any part or parts of the TGIO business or of any interest held by the Treasurer in the capital of a corporation.

23.   Evidentiary provision

A certificate purporting to be signed by the Treasurer that a specified class of policies has been approved by the Treasurer under section 18 is admissible in evidence in any legalproceedings and is evidence of the matters certified.

24.   Regulations

(1)  The Governor may make regulations for the purpose of this Act.

(2)  [Section 24 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Without limiting the generality of subsection (1) , the regulations may –

(a) contain provisions of a savings or transitional nature consequent on the enactment of this Act (including the interpretation of references to the Crown, the Board or the TGIO Act ); and

(b) modify the application of sections 9 and 12 of this Act to references to the Crown or the Board in instruments and documents.

(c) .  .  .  .  .  .  .  .  

(3)  Any regulation made under this section may, if that regulation so provides, take effect from the date on which this Act receives the Royal Assent.

(4)  To the extent to which any such regulation takes effect on a date that is earlier than the date of its publication in the Gazette, that regulation does not operate so as –

(a) to affect, in a manner prejudicial to any person (other than the Crown, the Board or an authority of the Crown), the rights of that person existing before the date of its publication; or

(b) to impose liabilities on any person (other than the Crown, a corporation or an authority of the Crown) in respect of anything done or omitted to be done before the date of its publication.

25.   Administration of Act

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 Treasurer; and

(b) the Department responsible to the Treasurer is the Department of Treasury and Finance.

26.   Expiry of Act

If on 31 December 1994 there has not been a sale under section 6 , this Act expires on that date.

PART 4 - Consequential Provisions

Division 1 - Amendments

27.    Apple and Pear Industry (Crop Insurance) Act 1982 amended

(1)  See Schedule 1.

(2)  The savings and transitional provisions specified in Part 2 of Schedule 1 have effect.

28.   

The amendment effected by this section has been incorporated into the authorised version of the Archives Act 1983 .

29.   

[Section 29 Repealed by No. 39 of 1993, s. 24 and Sched. 2 ].  .  .  .  .  .  .  .  

30.   

The amendments effected by these sections have been incorporated into the authorised version of the following Acts:

(a) Hire Purchase Act 1959 ;

(b) Motor Accidents (Liabilities and Compensation) Act 1973 ;

(c) Ombudsman Act 1978 .

31.   

32.   

33.   

[Section 33 Repealed by No. 103 of 1993, s. 30 and Sched. 6 ].  .  .  .  .  .  .  .  

34.   

The amendments effected by these sections have been incorporated into the authorised version of the following Acts:

(a) State Authorities Financial Management Act 1990 ;

(b) Workers Compensation Act 1988 .

35.   

Division 2 - Repeals

[Commences: 30 June 2000

36.   Repeal of TGIO Act, &c.

(1)  The Tasmanian Government Insurance Act 1919 , the Tasmanian Government Insurance Amendment Act 1988 , the Tasmanian Government Insurance Amendment Act (No. 2) 1988 are repealed and the regulations in force under the Tasmanian Government Insurance Act 1919 are rescinded.

(2)  The Board and the Office are abolished.

]

SCHEDULE 1 - Amendments to Apple and Pear Industry (Crop Insurance) Act 1982

Section 27

PART 1 - Amendments

The amendments effected by this Part have been incorporated into the authorised version of the Apple and Pear Industry (Crop Insurance) Act 1982 .

PART 2 - Savings and Transitional Provisions

1.   In this Part –

Board means the Fruit Crop Insurance Board established under section 5 of the Principal Act ;

commencement date means the date on which section 27 of this Act commences;

former board means the Tasmanian Government Insurance Board as established under the Tasmanian Government Insurance Act 1919 , as in force immediately before the commencement date;

Principal Act means the Apple and Pear Industry (Crop Insurance) Act 1982 .

2.   On the commencement date the following provisions have effect so far as they relate to the administration of the Principal Act by the former board:

(a) the property and rights of the former board vest in the Board and the liabilities of the former board become liabilities of the Board;

(b) except in so far as the context or subject-matter otherwise indicates or requires, where in an instrument that was in force immediately before the commencement date there is a reference to the former board, that instrument continues in force as if that reference were, or included as the case may require, a reference to the Board;

(c) legal proceedings instituted by or against the former board before and pending on the commencement date may be continued by or, as the case may be, against the Board;

(d) a judgment or order of a court obtained in those proceedings by or against the former board may be enforced by or, as the case may be, against the Board;

(e) a document addressed to and purporting to be served on the former board is taken to be served on the Board;

(f) any reserves which the former board held immediately before the commencement date for the purposes of the Principal Act form part of the reserves established under section 12C of that Act .

3.   On the commencement date –

(a) the Fruit Crop Insurance Committee, as continued by section 5 (1) of the Principal Act as in force immediately before that date, is abolished; and

(b) the members of that Committee cease to hold office as such.

SCHEDULE 2

[Schedule 2 Repealed by No. 103 of 1993, s. 30 and Sched. 6 ]

SCHEDULE 3

The Amendments effected by this Schedule have been incorporated into the authorised version of the Workers Compensation Act 1988 .