Transfer of electricity generator assets—interpretation
3 Transfer of electricity generator assets—interpretation
When this Act authorises the transfer of electricity generator assets it is authorising any transaction, arrangement or other action that results in electricity generator assets becoming vested in the transferee.
The following are examples of the ways in which electricity generator assets can be transferred—
direct sale to the transferee,
sale to the transferee of a transaction entity,
any other transaction whereby the transferee becomes an owner of an interest in electricity generator assets.
The transfer of electricity generator assets does not require a transfer of electricity generator assets by or from an electricity generator and could, for example, be effected by the corporate conversion of an electricity generator (to establish a transaction company) and the transfer of shares in the transaction company to the transferee (including by means of an initial public offer of shares in the company).
In this clause—
entity includes a transaction company.
sale of an entity includes a sale of securities in the entity.
transaction entity means—
an entity that holds electricity generator assets or into which an electricity generator is converted, or
an entity that is the holding company of an entity referred to in paragraph (a), or
an entity that has control (within the meaning of the Corporations Act) of an entity referred to in paragraph (a), or
any other entity the sale of which results in electricity generator assets being vested in the transferee.
This Act’s bill:Explanatory memorandumSecond reading speech
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