Metro Tasmania (Transitional and Consequential Provisions) Act 1997

Metro Tasmania (Transitional and Consequential Provisions) Act 1997

This Act may be cited as the Metro Tasmania (Transitional and Consequential Provisions) Act 1997.

Sections 1, Sections 15 and 17 and this section and Schedules 2 and 4 commence on the day after the day on which this Act receives the Royal Assent.

Subject to subsection (1), this Act commences on the day proclaimed under section 2 of the Metro Tasmania Act 1997.

In this Act –

Board means the board of directors of the Company;

Company means the company referred to in the Metro Tasmania Act 1997;

director means a director of the Company;

incorporation day means the day on which the Company is incorporated;

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

MTT employee means an employee, within the meaning of the Tasmanian State Service Act 1984, who, immediately before the incorporation day, was appointed or employed for the purposes of the repealed Act;

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

repealed Act means the Metropolitan Transport Act 1954;

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

Trust means the Metropolitan Transport Trust established under the repealed Act.

On the incorporation day – the property of the Trust vests in the Company; and the liabilities of the Trust become the liabilities of the Company.

State tax is not payable in respect of any document prepared to give effect to subsection (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.

This section applies to an instrument – which was in force immediately before the incorporation day; and in which there is a reference to the Trust.

Unless the context or subject matter of the instrument otherwise indicates or requires, an instrument to which this section applies has effect on and from the incorporation day as if – the reference to the Trust were a reference to the Company; or if the case so requires, the reference included a reference to the Company.

On and after the incorporation day – legal proceedings instituted by or against the Trust before, and pending on, the incorporation day may be continued by or, as the case may be, against the Company; and a judgment or order of a court obtained in those proceedings by or against the Trust may be enforced by or, as the case may be, against the Company; and a document addressed to and purporting to be served on the Trust relating to those proceedings is taken to be served on the Company.

Any legal or other proceedings instituted by or against the Trust before the incorporation day and pending on that day may be continued by or, as the case may be, against the Company.

A judgment or order of a court obtained in any such legal proceedings, where the proceedings are brought by or against the Trust, may be enforced by or against the Company on or after the incorporation day.

A person acting as auditor of the Trust immediately before the incorporation day continues, on that day, to act as auditor of the Company until its members appoint another person as auditor.

This section applies to – debts, money, claims, securities and charges relating to property that vests in the Company under this Act; and liabilities that become liabilities of the Company under this Act.

On and after the incorporation day, the Company may – in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of debts, money and claims to which this section applies that are payable to, or recoverable by, the Trust and for the prosecution of proceedings relating to any such debts, money or claims as the Trust might have done but for the enactment of this Act; and enforce and realise any security or charge to which this section applies and which is existing immediately before the incorporation day in favour of the Trust and may exercise any powers conferred under the security or charge on the Trust as if it were a security or charge in favour of the Company.

A contract, agreement, arrangement or undertaking made or entered into by the Trust, if not executed, discharged or otherwise terminated before the incorporation day, is taken to be a contract, agreement, arrangement or undertaking entered into by the Company.

A person who is a party to any such contract or agreement is not entitled to terminate that contract or agreement by reason only of the operation of this Act.

Until the end of the triennium commencing on 1 July 1998, the Company is taken to hold such licences and to have the benefit of such exemptions granted under the Traffic Act 1925 as may be necessary to enable it to continue to provide the services provided by the Trust immediately before the incorporation day in the areas specified in Schedule 1.

Subsection (1) has effect notwithstanding section 15(11) of the Traffic Act 1925 and sections 22A and 23 of that Act do not apply to any licence which the Company is taken to hold.

No fee is payable in respect of any licence or exemption taken to be in force under this section.

On the incorporation day – the persons who were, immediately before that day, holding office as directors of the Trust are taken to be appointed as the initial directors of the Board for the unexpired balance of their term of office; and the person who was at that time holding office as chairperson of the Trust is taken to be appointed as the initial chairperson of the Board.

If an initial director vacates office before the end of his or her term, a suitable person, as mentioned in section 9 of the Metro Tasmania Act 1997, is to be appointed to replace that director for the balance of that term.