ACTEW/AGL Partnership Facilitation Act 2000

This Act is the ACTEW/AGL Partnership Facilitation Act 2000.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms and expressions used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The object of this Act is to facilitate the implementation of any future agreement between ACTEW and AGL to form a joint venture by way of partnerships between subsidiaries of each of them for the provision of electricity and gas, and for the undertaking of certain water and sewerage operations and maintenance activities.

The Legislative Assembly intends that the operation of this Act, should, as far as possible, extend to the following:

things situated in or outside the ACT;

acts, transactions and matters done, entered into or occurring in or outside the ACT;

things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of a State, another Territory, the Commonwealth or a foreign country.

The provisions of this Act are additional to, and do not limit, the Territory-owned Corporations Act 1990.

Part 2 Rights concerning certain network facilities

In this part:

maintenance, for a network facility, includes, for example, the following work:

the alteration, removal, repair or replacement of any part of the facility;

the provisioning of the facility with material or information (whether in electronic form or otherwise);

inspecting or otherwise ensuring the proper functioning of the facility from time to time.

network facility means any part of the infrastructure of an electricity, gas, water or sewerage network—

attached to non-ACTEW or non-AGL land; and

used, or formerly used, by ACTEW, AGL or a subsidiary of either or them in the course of operating a network.

non-ACTEW land means any land in the ACT not owned by ACTEW or a subsidiary of ACTEW, other than national land.

non-AGL land means any land in the ACT not owned by AGL or a subsidiary of AGL, other than national land.

utility service means the operation of, or connection to, an electricity or a gas, water or sewerage network.

The purpose of this part is to remove uncertainty about the ownership of certain network facilities that are—

used, or for use, by ACTEW, AGL or a subsidiary of either of them in providing a utility service; and

treated by the Territory and the corporation that uses them or for the use of which the facilities are available as being owned by the corporation.

The Minister may declare that this section applies to network facilities.

Without limiting the Legislation Act 2001, section 48, network facilities may be stated in a declaration particularly or by reference to a stated class, for example, all network facilities or all network facilities apart from stated exceptions.

A declaration is a notifiable instrument.

A declaration is not valid if it would have the effect of vesting a facility in a corporation other than the corporation that had used it or for the use of which it was available.

When a declaration takes effect in relation to a network facility, the facility, by force of this section—

is severed from the land and remains severed; and

vests in the corporation in which the declaration states that the facility vests, without any conveyance, transfer or assignment.

A facility severed under subsection (5) ceases for all purposes to be a fixture.

A corporation in which a facility has vested has, by force of this section, the following rights in relation to a network facility to which this section applies:

to have the facility (including any lines, pipes, equipment and any other thing ancillary to any other part of the facility) remain on, under or over the land for the provision of utility services;

for that purpose, to use, or continue to use, the facility;

to enter and occupy land on, above or under which the facility is located, and to undertake work on that land, to maintain the facility.

To ensure the proper provision of utility services, the Minister may determine conditions for the exercise of a right under subsection (7) (c) and, if any conditions are determined, the right may only be exercised in accordance with the conditions.

A determination is a notifiable instrument.

Part 3 Vesting of assets and liabilities

Division 3.1 At commencement of joint venture

The Minister may declare that assets, rights or liabilities that—

are vested in ACTEW or AGL or a company that, under the Corporations Act, is a subsidiary of ACTEW or AGL; and

are stated or described in the declaration;

vest in 1 or more joint venture entities or in a partnership stated or described in the declaration.

If a declaration under subsection (1) vests assets, rights or liabilities in a partnership, the assets, rights or liabilities are taken, for all purposes, to vest jointly and severally for the purposes of the partnership in each joint venture entity that is a partner.

The Minister may not make a declaration under subsection (1) unless—

ACTEW and AGL have agreed to the terms of the declaration; and

for assets, rights and liabilities that are a main undertaking of ACTEW or a subsidiary for the Territory-owned Corporations Act 1990, section 16—the Legislative Assembly has, by resolution, approved the vesting.

A declaration under subsection (1) is a notifiable instrument.

Division 3.2 At end of joint venture

This division applies if ACTEW and AGL certify to the Minister in writing that they have resolved to dissolve a partnership on a day mentioned in the certificate.