Consequential Amendments
Schedule 2 Consequential Amendments
Section 15
Government Prices Oversight Act 1995
Government Prices Oversight Act 1995
1. The long title is amended as follows:
by omitting "Enterprises and Local Government Bodies" (firstly occurring) and substituting "Enterprises, Local Government Bodies, statutory authorities and State-owned companies";
by omitting "Government Agencies, Government Business Enterprises and Local Government Bodies" (lastly occurring) and substituting "Agencies, Enterprises, Bodies, authorities and companies".
2.
Section 3 is amended as follows:
by inserting "(1)" before "In";
by inserting "or statutory authority" in the definition of "Agency" after "Enterprise";
by omitting "Agency" from paragraph (b) of the definition of "community service obligation" and substituting "Agency, statutory authority, State-owned company";
by omitting the definition of "dividend" and substituting the following definition:
dividend includes a dividend within the meaning of the Government Business Enterprises Act 1995;
dividend includes a dividend within the meaning of the Government Business Enterprises Act 1995;
dividend
by omitting paragraph (b) from the definition of "monopoly provider" and substituting the following paragraph:
a prescribed body which provides a monopoly service;
by omitting "an Agency which is" from paragraph (a) of the definition of "Portfolio Act";
by omitting "or Agency" from paragraph (a) of the definition of "Portfolio Act" and substituting "or statutory authority";
by omitting paragraph (b) from the definition of "Portfolio Minister" and substituting the following paragraphs:
in respect of a statutory authority or Government Business Enterprise constituted or continued by or under an Act or part of an Act, means the Minister to whom the administration of that Act or part is assigned; and
in respect of a statutory authority or Government Business Enterprise not established, constituted or continued by or under an Act or part of an Act, means the Minister to whom the administration of the statutory authority or Government Business Enterprise is assigned; and
by omitting "1993;" from paragraph (c) of the definition of "Portfolio Minister" and substituting "Portfolio Minister1993; and";
by inserting the following paragraph in the definition of "Portfolio Minister" after paragraph (c):
in respect of a State-owned company, means the Minister to whom the administration of the Act requiring or authorising the formation of the company is assigned;
by inserting the following definition after the definition of "Portfolio Minister":
prescribed body means – an Agency; and a Government Business Enterprise; and a statutory authority; and a State-owned company; and a Local Government Body;
prescribed body means –
prescribed body
an Agency; and
a Government Business Enterprise; and
a statutory authority; and
a State-owned company; and
a Local Government Body;
by inserting the following definition after the definition of "State charge":
State-owned company means a company incorporated under the Corporations Law which is controlled by the Crown, a Government Business Enterprise or a statutory authority or another company which is so controlled;
State-owned company means a company incorporated under the Corporations Law which is controlled by the Crown, a Government Business Enterprise or a statutory authority or another company which is so controlled;
State-owned company
Section 3 is further amended by inserting the following subsection:
For the purposes of the definition of "State-owned company" in subsection (1), the provisions of the Corporations Law relating to control are taken to apply as if the Crown, Government Business Enterprise or statutory authority, as the case may be, were a corporation under that Law.
3. Section 6(1) is amended by omitting "Government Business Enterprise, Agency or Local Government Body" and substituting "prescribed body".
4. Section 20 is amended as follows:
by omitting paragraph (b) from subsection (1) and substituting the following paragraph:
a Government Business Enterprise, statutory authority or State-owned company if the Minister and Portfolio Minister approve in writing;
by omitting "Body." from subsection (2)(d) and substituting "Body;";
by inserting the following paragraphs in subsection (2) after paragraph (d):
a statutory authority;
a State-owned company.
The amendments effected by Section 15 and this Schedule have been incorporated into the authorised version of the Government Prices Oversight Act 1995.
This Act’s bill:Second reading speech
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