Rail Company Act 2009

In this Act, unless the contrary intention appears –

asset includes any, and any part of any, property, business, operation and right;

Board means the Board of Directors of the Company;

Business Sale Agreement means the agreement, for the sale and purchase of rail infrastructure and related assets and rail businesses, entered into on 4 September 2009 – by Pacific National Pty Ltd (ACN 098 060 550), Pacific National (Tasmania) Pty Limited (ACN 079 371 305), PN Tas (Operations) Pty Limited (ACN 078 295 468) and PN Tas (Services) Pty Limited (ACN 078 906 519), together as the seller; and by the Crown, as the buyer;

Company means a company formed under section 5;

constitution means the constitution of the Company;

contract means – an agreement, arrangement, undertaking, lease, licence, warranty or other contract; or part of an agreement, arrangement, undertaking, lease, licence, warranty or other contract;

director means a director of the Company;

document includes an instrument and part of a document;

legal or other proceeding includes arbitration proceedings and mediation proceedings;

liability includes any, or any part of any, liability, duty and obligation, whether actual, contingent or prospective;

member, in respect of the Company, means a member referred to in section 8;

principal objectives means the principal objectives of the Company specified in section 6;

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 shares in a subsidiary of the Company; and any other rights and property;

rail business means the business of – rail haulage on a railway in Tasmania and associated services, including (without limitation) capital works, maintenance, storage, loading, train control and safety functions, carried on in Tasmania; or owning a railway in Tasmania; or administering, managing, controlling, controlling access to, controlling operations on, maintaining or developing a railway in Tasmania;

rail infrastructure and related assets means – rail infrastructure within the meaning of the Rail Infrastructure Act 2007; or rolling stock within the meaning of the Rail Safety National Law (Tasmania) Act 2012; or any other asset used, or that is intended for use or has been used, in connection with the operation of rail businesses in Tasmania; or any other asset purchased by the Crown or a nominee under the Business Sale Agreement;

railway includes the track of the railway, the land corridor along which the track of the railway is laid and all of the attendant rail infrastructure and related assets, but does not include the railways, or railways of a kind, specified in Part 2 of Schedule 1 to the Rail Infrastructure Act 2007;

regulations means regulations made under section 42;

right includes any right, power, privilege and immunity, whether actual, contingent or prospective;

State tax means any of the following if imposed by any Act or law of Tasmania:a fee, including an application fee and registration fee; a tax, including a duty; a charge;

subsidiary has the same meaning as in the Corporations Act;

subsidiary board, in relation to a subsidiary, means the board of directors for the subsidiary;

transfer day means the day on which a transfer notice, or the relevant part of a transfer notice, takes effect;

transfer notice means – a notice made under subsection (2) or (3) of section 27, or both of those subsections; or a part of such a notice;

transfer recipient, in relation to a transfer notice or transfer day, means – the Company if the relevant transfer notice transfers any rail infrastructure and related assets, liabilities or contract to the Company; or the Crown if the relevant transfer notice transfers any rail infrastructure and related assets, liabilities or contract to the Crown;

transferor, in relation to a transfer notice or transfer day, means – the Crown if the relevant transfer notice transfers any rail infrastructure and related assets, liabilities or contract to the Company; or the Company if the relevant transfer notice transfers any rail infrastructure and related assets, liabilities or contract to the Crown;

transferred employee means a person who becomes the employee of the Company on the transfer day by the operation of section 30(4);

Treasurer’s Instructions means instructions issued under section 114 of the Government Business Enterprises Act 1995 and applicable to the Company in accordance with section 38A of this Act;

wholly-owned subsidiary, in relation to the Company, means a subsidiary of the Company that falls within the definition of wholly-owned subsidiary, within the meaning of the Corporations Act, in respect of the Company.