{"id":"a-2000-13","name":"ACTEW/AGL Partnership Facilitation Act 2000","slug":"actew-agl-partnership-facilitation-act-2000","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"13 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23000,"registerId":"act-a-2000-13-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ACTEW/AGL Partnership Facilitation Act 2000","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nACTEW/AGL Partnership Facilitation\nAct 2000\nA2000-13\nRepublication No 10\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the ACTEW/AGL Partnership Facilitation Act 2000 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation Act\n2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nACTEW/AGL Partnership Facilitation\nAct 2000\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n4A Offences against Act—application of Criminal Code etc 2\n5 Object of this Act 3\n6 Extraterritorial operation 3\n7 Relationship with the Territory-owned Corporations Act 3\nPart 2 Rights concerning certain network facilities\n8 Definitions—pt 2 4\n9 Purpose—pt 2 5\n10 Facilities on non-ACTEW or non-AGL land 5\n\nContents\nPage\ncontents 2 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Vesting of assets and liabilities\nDivision 3.1 At commencement of joint venture\n11 Vesting of assets and liabilities 7\nDivision 3.2 At end of joint venture\n12 Application of div 3.2 8\n13 Vesting of assets and liabilities 8\nDivision 3.3 Provisions applicable to all vestings under pt 3\n14 Description of assets etc 9\n15 Effect of declarations under pt 3 9\n16 Evidence of vesting 10\n17 Completion of necessary transactions 10\n18 Registration of changes of ownership of assets 10\n19 Pt 3 does not place person in breach of contract etc 11\n20 Application of Lands Acquisition Act 12\n21 Proceedings and evidence 12\nPart 4 Secondment of ACTEW employees\n22 Meaning of joint venture entity for pt 4 14\n23 Secondment 14\n24 Employer–employee relationship 14\n25 Day-to-day supervision of seconded staff 15\n26 Employment conditions only affected as expressly provided 16\nPart 5 Public accountability\n27 ACTEW to maintain at least 50% interest in partnerships 17\n28 ACTEW control over its joint venture entities 17\n29 ACTEW interest in agent companies 17\n30 Agent companies not to dispose of undertakings without consent 18\n31 Public interest safeguards in partnership agreements 18\nPart 6 Miscellaneous\nDivision 6.1 Audit of accounts of partnerships\n32 Audits 20\n33 Auditor to be qualified 20\n\nContents\nPage\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 6.2 General\n34 Agents 20\n35 Compensation 21\n36 Regulation of prices, access and other matters 21\nDictionary 23\nEndnotes\n1 About the endnotes 26\n2 Abbreviation key 26\n3 Legislation history 27\n4 Amendment history 29\n5 Earlier republications 31\n\n\n\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nACTEW/AGL Partnership Facilitation\nAct 2000\nAn Act to facilitate the formation by ACTEW and AGL of a joint venture by way\nof partnerships between their subsidiaries\n\nPart 1 Preliminary\nSection 1\npage 2 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the ACTEW/AGL Partnership Facilitation Act 2000.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms and expressions\nused in this Act.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n4A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\nSection 5\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Object of this Act\nThe object of this Act is to facilitate the implementation of any future\nagreement between ACTEW and AGL to form a joint venture by way\nof partnerships between subsidiaries of each of them for the provision\nof electricity and gas, and for the undertaking of certain water and\nsewerage operations and maintenance activities.\n6 Extraterritorial operation\nThe Legislative Assembly intends that the operation of this Act,\nshould, as far as possible, extend to the following:\n(a) things situated in or outside the ACT;\n(b) acts, transactions and matters done, entered into or occurring in\nor outside the ACT;\n(c) things, acts, transactions and matters (wherever situated, done,\nentered into or occurring) that would, apart from this Act, be\ngoverned or otherwise affected by the law of a State, another\nTerritory, the Commonwealth or a foreign country.\n7 Relationship with the Territory-owned Corporations Act\nThe provisions of this Act are additional to, and do not limit, the\nTerritory-owned Corporations Act 1990.\n\nPart 2 Rights concerning certain network facilities\nSection 8\npage 4 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Rights concerning certain\nnetwork facilities\n8 Definitions—pt 2\nIn this part:\nmaintenance, for a network facility, includes, for example, the\nfollowing work:\n(a) the alteration, removal, repair or replacement of any part of the\nfacility;\n(b) the provisioning of the facility with material or information\n(whether in electronic form or otherwise);\n(c) inspecting or otherwise ensuring the proper functioning of the\nfacility from time to time.\nnetwork facility means any part of the infrastructure of an electricity,\ngas, water or sewerage network—\n(a) attached to non-ACTEW or non-AGL land; and\n(b) used, or formerly used, by ACTEW, AGL or a subsidiary of\neither or them in the course of operating a network.\nnon-ACTEW land means any land in the ACT not owned by\nACTEW or a subsidiary of ACTEW, other than national land.\nnon-AGL land means any land in the ACT not owned by AGL or a\nsubsidiary of AGL, other than national land.\nutility service means the operation of, or connection to, an electricity\nor a gas, water or sewerage network.\n\nRights concerning certain network facilities Part 2\nSection 9\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Purpose—pt 2\nThe purpose of this part is to remove uncertainty about the ownership\nof certain network facilities that are—\n(a) used, or for use, by ACTEW, AGL or a subsidiary of either of\nthem in providing a utility service; and\n(b) treated by the Territory and the corporation that uses them or for\nthe use of which the facilities are available as being owned by\nthe corporation.\n10 Facilities on non-ACTEW or non-AGL land\n(1) The Minister may declare that this section applies to network\nfacilities.\n(2) Without limiting the Legislation Act 2001, section 48, network\nfacilities may be stated in a declaration particularly or by reference to\na stated class, for example, all network facilities or all network\nfacilities apart from stated exceptions.\n(3) A declaration is a notifiable instrument.\n(4) A declaration is not valid if it would have the effect of vesting a\nfacility in a corporation other than the corporation that had used it or\nfor the use of which it was available.\n(5) When a declaration takes effect in relation to a network facility, the\nfacility, by force of this section—\n(a) is severed from the land and remains severed; and\n(b) vests in the corporation in which the declaration states that the\nfacility vests, without any conveyance, transfer or assignment.\n(6) A facility severed under subsection (5) ceases for all purposes to be a\nfixture.\n\nPart 2 Rights concerning certain network facilities\nSection 10\npage 6 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) A corporation in which a facility has vested has, by force of this\nsection, the following rights in relation to a network facility to which\nthis section applies:\n(a) to have the facility (including any lines, pipes, equipment and\nany other thing ancillary to any other part of the facility) remain\non, under or over the land for the provision of utility services;\n(b) for that purpose, to use, or continue to use, the facility;\n(c) to enter and occupy land on, above or under which the facility is\nlocated, and to undertake work on that land, to maintain the\nfacility.\n(8) To ensure the proper provision of utility services, the Minister may\ndetermine conditions for the exercise of a right under\nsubsection (7) (c) and, if any conditions are determined, the right may\nonly be exercised in accordance with the conditions.\n(9) A determination is a notifiable instrument.\n\nVesting of assets and liabilities Part 3\nAt commencement of joint venture Division 3.1\nSection 11\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Vesting of assets and liabilities\nDivision 3.1 At commencement of joint venture\n11 Vesting of assets and liabilities\n(1) The Minister may declare that assets, rights or liabilities that—\n(a) are vested in ACTEW or AGL or a company that, under the\nCorporations Act, is a subsidiary of ACTEW or AGL; and\n(b) are stated or described in the declaration;\nvest in 1 or more joint venture entities or in a partnership stated or\ndescribed in the declaration.\n(2) If a declaration under subsection (1) vests assets, rights or liabilities\nin a partnership, the assets, rights or liabilities are taken, for all\npurposes, to vest jointly and severally for the purposes of the\npartnership in each joint venture entity that is a partner.\n(3) The Minister may not make a declaration under subsection (1)\nunless—\n(a) ACTEW and AGL have agreed to the terms of the declaration;\nand\n(b) for assets, rights and liabilities that are a main undertaking of\nACTEW or a subsidiary for the Territory-owned Corporations\nAct 1990, section 16—the Legislative Assembly has, by\nresolution, approved the vesting.\n(4) A declaration under subsection (1) is a notifiable instrument.\n\nPart 3 Vesting of assets and liabilities\nDivision 3.2 At end of joint venture\nSection 12\npage 8 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.2 At end of joint venture\n12 Application of div 3.2\nThis division applies if ACTEW and AGL certify to the Minister in\nwriting that they have resolved to dissolve a partnership on a day\nmentioned in the certificate.\n13 Vesting of assets and liabilities\n(1) If this division applies, the Minister may, subject to subsection (2)\ndeclare that assets, rights or liabilities that—\n(a) are vested in a joint venture entity or an agent company; and\n(b) are stated or described in the declaration;\nvest—\n(c) for assets, rights or liabilities that relate to the reticulation and\ndistribution of electricity—in ACTEW or a subsidiary of\nACTEW stated in the declaration; or\n(d) in any other case—in a person stated in the declaration.\n(2) The Minister may not make a declaration under subsection (1) unless\nACTEW and AGL have agreed to the terms of the declaration.\n(3) A declaration under subsection (1) is a notifiable instrument.\n\nVesting of assets and liabilities Part 3\nProvisions applicable to all vestings under pt 3 Division 3.3\nSection 14\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.3 Provisions applicable to all vestings\nunder pt 3\n14 Description of assets etc\n(1) For sections 11 and 13, assets, rights or liabilities are sufficiently\nstated or described in a declaration—\n(a) if they are within a class that is stated or described in the notice;\nor\n(b) if the notice refers to them by way of exclusion from a class that\nis stated or described in the notice.\n(2) This section is additional to, and does not limit, the Legislation\nAct 2001, section 48.\n15 Effect of declarations under pt 3\n(1) An asset, right or liability stated or described in a declaration under\nsection 11 or 13 vests, by force of this section, in the transferee on the\nvesting day without any conveyance, transfer or assignment.\n(2) On the vesting day the transferee becomes, in relation to an asset,\nright or liability that vests in the transferee under this section, the\nsuccessor in law of the transferor.\n(3) If an asset, right or liability that vests in a transferee under this section\nis mentioned in an instrument, contract, or other document in effect\non the vesting day, any reference in the instrument, contract, or\ndocument to the transferor is to be read as a reference to the\ntransferee.\n\nPart 3 Vesting of assets and liabilities\nDivision 3.3 Provisions applicable to all vestings under pt 3\nSection 16\npage 10 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Evidence of vesting\n(1) The Minister, or a person appointed by the Minister, may certify in\nwriting that an asset, right or liability mentioned in the certificate has\nvested under section 11 or section 13 in a person mentioned in the\ncertificate.\nNote For the making of appointments (including acting appointments), see\nLegislation Act, pt 19.3.\n(2) A declaration under section 11 or 13 or a certificate under subsection\n(1) is evidence of the matters it states.\n(3) A document that purports—\n(a) to be such a declaration and to have been signed by the Minister;\nor\n(b) to be such a certificate and to have been signed by a person\nmentioned in subsection (1);\nis to be taken, unless the contrary is proved, to be such a declaration\nor such a certificate.\n17 Completion of necessary transactions\nIf, because of the operation of a law of the Territory or any other\nplace, a declaration under section 11 or 13 is not fully effective in\nvesting, or providing evidence of the vesting, of an asset, right or\nliability, the Minister, the transferor and the transferee may take all\npracticable steps as soon as practical after the vesting day to secure\nthe full effectiveness at law of the declaration.\n18 Registration of changes of ownership of assets\n(1) If a registrable asset vests in a transferee under section 11 or 13, the\ntransferee may give to the relevant registering authority a certificate\nunder section 16 for that asset.\n\nVesting of assets and liabilities Part 3\nProvisions applicable to all vestings under pt 3 Division 3.3\nSection 19\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) On receipt of a certificate under section 16 that relates to a registrable\nasset, a registering authority must make any entry in the relevant\nregisters kept by it, and do anything necessary to reflect the operation\nof section 11 or 13.\n(3) The operation of this section is additional to, and does not limit, any\nprocedures for ensuring the full legal effectiveness of a vesting under\nthis part that may be available to a transferee or a registering authority\nunder any other law.\n(4) In this section:\nregistering authority means a person who, under a Territory law, is\nrequired to enter in a register particulars relating to the ownership of,\nor entitlement to, a registrable asset.\nregistrable asset means an asset, including an interest in land,\nparticulars of the ownership of which, or entitlement to which, are\nrequired under a Territory law to be entered in a register.\n19 Pt 3 does not place person in breach of contract etc\nThe operation of this part is not to be regarded as—\n(a) placing a person in contravention of a Territory law; or\n(b) placing a person in breach of any agreement, understanding or\nundertaking, or any judgment, order or process of a court; or\n(c) otherwise making a person guilty of a civil wrong; or\n(d) placing a person in breach of any agreement, understanding or\nundertaking that prohibits, restricts or regulates—\n(i) the assignment, vesting or transfer of an asset or a liability;\nor\n(ii) the disclosure of any information; or\n(iii) releasing a surety from any obligations in relation to a\nliability that is vested under this part.\n\nPart 3 Vesting of assets and liabilities\nDivision 3.3 Provisions applicable to all vestings under pt 3\nSection 20\npage 12 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Application of Lands Acquisition Act\nThe Lands Acquisition Act 1994 does not apply in relation to anything\ndone under this Act.\n21 Proceedings and evidence\n(1) In this section:\nproceeding means a civil or administrative proceeding relating to an\nasset, right or liability vested in a transferee under this part and\nincludes a right of appeal or review (including a right of review under\nthe Ombudsman Act 1989).\n(2) For a proceeding started before the vesting day to which a transferor\nis a party, the relevant transferee is substituted as a party to the\nproceeding.\n(3) A proceeding that—\n(a) was not started before the vesting day; and\n(b) apart from this section could, after that day, be brought by or\nagainst a transferor;\nmay be brought by or against the relevant transferee.\n(4) The Limitation Act 1985, part 3 applies to the institution of\nproceedings by or against a transferee as if the cause of action had\naccrued by or against the transferee.\n(5) The court, tribunal, commission or other body in which, or before\nwhich, proceedings may be or have been instituted or continued under\nthis section may give directions in relation to the institution or\ncontinuance of those proceedings.\n(6) Any evidence that, apart from this section, would have been\nadmissible for or against a transferor is admissible for or against the\nrelevant transferee.\n\nVesting of assets and liabilities Part 3\nProvisions applicable to all vestings under pt 3 Division 3.3\nSection 21\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) A transferor and a transferee must endeavour to assist each other in\nthe provision of evidence relevant to a proceeding for a cause of\naction arising before the vesting day.\n\nPart 4 Secondment of ACTEW employees\nSection 22\npage 14 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Secondment of ACTEW\nemployees\n22 Meaning of joint venture entity for pt 4\nIn this part:\njoint venture entity includes an agent company and a partnership.\n23 Secondment\n(1) ACTEW may, on any terms agreed between it and another joint\nventure entity, second to the entity, for the purposes of the joint\nventure, the services of any of its employees.\n(2) ACTEW may, subject to any agreement with the relevant joint\nventure entity, terminate at any time the secondment of an employee\nor a class of employees.\n(3) A provision in an agreement is void so far as—\n(a) it is inconsistent with subsection (2) or a right or remedy arising\nfrom the subsection; or\n(b) it would make it unduly impractical or disadvantageous for\nACTEW to exercise its power under subsection (2).\n(4) Subsection (2) applies even if the proper law of the agreement is that\nof another jurisdiction.\n(5) Nothing in subsection (2) affects the operation of an agreement so far\nas it can operate consistently with that subsection.\n24 Employer–employee relationship\n(1) ACTEW may direct an employee to perform duties on secondment,\nfor the joint venture, to a joint venture entity.\n\nSecondment of ACTEW employees Part 4\nSection 25\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The right to give a direction under subsection (1) is taken to be, for\nany law or agreement that governs the employment of people\nemployed by ACTEW, a condition of the employment.\n(3) A secondment under this part—\n(a) does not affect the employment relationship between ACTEW\nand a seconded employee; and\n(b) does not create an employment relationship between a joint\nventure entity and an employee seconded to it.\n25 Day-to-day supervision of seconded staff\n(1) ACTEW may delegate to a joint venture entity to which the services\nof an employee have been seconded all its functions as employer of\nthe employee other than the function of—\n(a) taking disciplinary action; or\n(b) terminating the employment.\nNote Function includes authority, duty and power (see Legislation Act, dict,\npt 1).\n(2) ACTEW may appoint a joint venture entity to which the services of\nan employee have been seconded as its agent—\n(a) in relation to the exercise by ACTEW of any of its functions as\nemployer, other than a function mentioned in subsection (1), but\nincluding, for example, the payment of wages in acquittal of the\nindebtedness of ACTEW for them, providing counselling and\nconducting performance appraisals; or\n(b) to act on behalf of ACTEW in the negotiation of, and agreement\nto, new terms or conditions of employment.\n\nPart 4 Secondment of ACTEW employees\nSection 26\npage 16 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Employment conditions only affected as expressly\nprovided\nThis part, other than as provided by sections 24 and 25, does not\naffect—\n(a) any term or condition of the employment of any employee of\nACTEW whose services have been seconded; or\n(b) any rights and entitlements that have accrued before the\nsecondment; or\n(c) the accrual of any rights or entitlements that are due to accrue\nafter the secondment.\n\nPublic accountability Part 5\nSection 27\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Public accountability\n27 ACTEW to maintain at least 50% interest in partnerships\n(1) ACTEW must not, without the prior approval of the Legislative\nAssembly, dispose of so much of its beneficial interest in a\npartnership as would result in the beneficial interest of ACTEW being\nreduced to less than 50% of the total equity of the partnership.\n(2) The approval of the Legislative Assembly is to be expressed by\nresolution.\n(3) The grant of a mortgage or the giving of security is not a disposal for\nsubsection (1) if done with the consent required under the Territory-\nowned Corporations Act 1990, section 16 (1) and in accordance with\nany conditions to which the consent may be subject.\n28 ACTEW control over its joint venture entities\n(1) A company is not eligible to become a joint venture entity to represent\nthe interests of ACTEW in a partnership unless the full beneficial\ninterest in all its shares vests in ACTEW.\n(2) ACTEW may reduce its beneficial interest in a company that is a joint\nventure entity mentioned in subsection (1) only in accordance with a\nresolution of the Legislative Assembly.\n(3) The grant of a mortgage or the giving of security over shares in a joint\nventure entity is not a reduction of beneficial interest for\nsubsection (2) if done with the consent required under the\nTerritory-owned Corporations Act 1990, section 16 (1) and in\naccordance with any conditions to which the consent may be subject.\n29 ACTEW interest in agent companies\n(1) A company is not eligible to become an agent company unless at least\n50% of the beneficial interest in its shares vests in ACTEW.\n\nPart 5 Public accountability\nSection 30\npage 18 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) ACTEW may reduce its beneficial interest in the shares of an agent\ncompany to less than 50% only in accordance with a resolution of the\nLegislative Assembly.\n(3) The grant of a mortgage or the giving of security over shares in an\nagent company is not a reduction of beneficial interest for\nsubsection (2) if done with the consent required under the\nTerritory-owned Corporations Act 1990, section 16 (1) and in\naccordance with any conditions to which the consent may be subject.\n30 Agent companies not to dispose of undertakings without\nconsent\n(1) An agent company may not dispose of any of its main undertakings\nunless the Legislative Assembly has, by resolution, approved the\ndisposal.\n(2) The Territory-owned Corporations Act 1990, section 16 (1) (f)\nand 16 (2) apply to an agent company as if it were a subsidiary of\nACTEW.\nNote The provisions of the Territory-owned Corporations Act 1990 mentioned\nin subsection (2) apply to ACTEW and its subsidiaries.\n31 Public interest safeguards in partnership agreements\n(1) An agreement that is or purports to be a partnership agreement is not\nbinding on ACTEW or any person representing ACTEW unless it\ncontains provisions that require—\n(a) the prior approval of ACTEW to the disposal by AGL directly\nor indirectly of all or any part of its beneficial interest in the\nassets of the partnership; and\n(b) that ACTEW or the joint venture entity that represents ACTEW\nin the partnership be entitled to appoint 50% of any directors of\nthe partnership who may be appointed under a partnership\nagreement.\n\nPublic accountability Part 5\nSection 31\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) (a) does not apply to a disposal to a corporation that\nis, for AGL, a related body corporate within the meaning of the\nCorporations Act.\n\nPart 6 Miscellaneous\nDivision 6.1 Audit of accounts of partnerships\nSection 32\npage 20 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\nDivision 6.1 Audit of accounts of partnerships\n32 Audits\n(1) The members of a partnership must ensure that—\n(a) the accounts and records of the partnership for each financial\nyear are audited jointly by the auditor-general and an auditor\nappointed by AGL; and\n(b) copies of the audited accounts and records and of the report of\nthe auditors are given to ACTEW and AGL within 3 months\nafter the end of the financial year.\n(2) If the members of a partnership contravene subsection (1), each\nmember of the partnership commits an offence.\nMaximum penalty: 500 penalty units.\n33 Auditor to be qualified\nThe auditor appointed by AGL for section 32 must be a person who\nis qualified to audit accounts under the Corporations Act.\nDivision 6.2 General\n34 Agents\n(1) Subject to subsection (4), a joint venture entity may appoint a\ncompany that is under the control of 2 or more joint venture entities\nto fulfil any obligation, or exercise any other function, under a\nTerritory law.\n(2) The entity that makes an appointment under subsection (1) is not\nrequired to be 1 of the entities that control the agent company.\n\nMiscellaneous Part 6\nGeneral Division 6.2\nSection 35\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Anything done by an agent on behalf of a joint venture entity is, for\nany Territory law, as valid and effective as if it had been done by the\nentity itself.\n(4) This section does not apply to enable a delegation to an agent\ncompany in relation to any matter that may be delegated under\nsection 25, but does not affect the operation of that section in relation\nto the secondment of any ACTEW employee whose services may\nhave been seconded to the agent company.\n(5) This section does not affect the power to appoint agents that a joint\nventure entity has apart from this section.\n35 Compensation\n(1) If—\n(a) apart from this section, the operation of any provision of this Act\nwould result in the acquisition of property from a person\notherwise than on just terms; and\n(b) the acquisition would be unlawful because of the Self-\nGovernment Act, section 23 (1);\nthe Territory is liable to pay reasonable compensation to the person\nin relation to the acquisition.\n(2) If the Territory and the person do not agree on the amount of\ncompensation, the person may, in a court of competent jurisdiction,\nrecover from the Territory reasonable compensation as the court\ndetermines.\n36 Regulation of prices, access and other matters\n(1) In this section:\ncommencement means 6 April 2000.\nICRC Act means the Independent Competition and Regulatory\nCommission Act 1997.\n\nPart 6 Miscellaneous\nDivision 6.2 General\nSection 36\npage 22 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A price direction under the ICRC Act, section 20 in effect on the\ncommencement applies to the joint venture entities as if a reference\nto ACTEW or AGL in the price direction were a reference to\nACTEW, AGL and the joint venture entity that provides the service\nto which the price direction relates.\n(3) An access agreement registered under the ICRC Act, part 5 in effect\non the commencement applies to the joint venture entities as if a\nreference to ACTEW or AGL in the agreement were a reference to\nACTEW, AGL and the joint venture entity that owns, controls or\noperates the infrastructure facility to which the access agreement\nrelates.\n(4) A determination under the ICRC Act, section 35 in effect on the\ncommencement applies to the joint venture entities as if a reference\nto ACTEW or AGL in the determination were a reference to ACTEW,\nAGL and the joint venture entity that provides the service the access\nfor which is the subject of the determination.\n\nDictionary\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• asset\n• corporation\n• Corporations Act\n• entity\n• exercise\n• function\n• law, of the Territory\n• notifiable instrument (see s 10)\n• property\n• State\n• the Territory.\nACTEW means ACTEW Corporation Limited.\nNote The name of ACTEW Corporation Limited was changed to Icon Water\nLimited on 28 October 2014.\nagent company means a company that is appointed to act as agent\nunder section 34.\nAGL means The Australian Gas Light Company.\nasset includes—\n(a) property of any kind; and\n(b) a right, privilege or immunity, including a contingent or\nprospective one; and\n(c) a right, privilege or immunity, whether absolute or conditional,\nunder a Territory law, whether or not given under a licence,\nregistration, approval or other authorisation; and\n\nDictionary\npage 24 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) an asset arising under a law of a place other than the Territory\nor a contract governed by such a law.\njoint venture means the arrangement described in section 5.\njoint venture entity—\n(a) for this Act generally—means any of the following:\n(i) ACTEW;\n(ii) AGL;\n(iii) a company that is—\n(A) a participant in a partnership; and\n(B) under the Corporations Act, a related body corporate\nto ACTEW or AGL; and\n(b) for part 4 (Secondment of ACTEW employees)—see section 22.\nliability includes—\n(a) a duty or obligation; and\n(b) a contingent or prospective liability; and\n(c) a liability arising under contracts wherever formed.\nmaintenance, for a network facility, for part 2 (Rights concerning\ncertain network facilities)—see section 8.\nnetwork facility, for part 2 (Rights concerning certain network\nfacilities)—see section 8.\nnon-ACTEW land, for part 2 (Rights concerning certain network\nfacilities)—see section 8.\nnon-AGL land, for part 2 (Rights concerning certain network\nfacilities)—see section 8.\npartnership means 1 of the partnerships mentioned in section 5.\nsubsidiary—see the Corporations Act, section 9.\n\nDictionary\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ntransferee means a person in whom an asset, right or liability vests\nunder a declaration under section 11 or 13.\ntransferor, in relation to an asset, right or liability that vests in a\ntransferee under section 11 or 13, means the person in whom the asset,\nright or liability had vested immediately before the vesting day.\nutility service, for part 2 (Rights concerning certain network\nfacilities)—see section 8.\nvesting day, for an asset, right or liability that is vested under part 3,\nmeans the day on which the asset, right or liability vests in the\ntransferee under section 11 or 13.\n\nEndnotes\n1 About the endnotes\npage 26 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nACTEW/AGL Partnership Facilitation Act 2000 A2000-13\nnotified 6 April 2000 (Gaz 2000 No 14)\ns 1, s 2 commenced 6 April 2000 (IA s 10B)\nremainder commenced 6 April 2000 (s 2 (1) and Gaz 2000 No 14)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 1\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 1 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nStatute Law Amendment Act 2002 A2002-30 pt 3.1\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.1 commenced 17 September 2002 (s 2 (1))\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.1\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.1 commenced 19 December 2003 (s 2)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.1\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.1 commenced 24 November 2005 (s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.1\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.1 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.1\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.1 commenced 11 July 2007 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 28 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.1\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.1 commenced 10 June 2015 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.1\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.1 commenced 22 November 2018 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.1, sch 4 pt 4.3\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.1, sch 4 pt 4.3 commenced 16 November 2025 (s 2 (1), (9))\n\nEndnotes\nAmendment history 4\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om A2001-44 amdt 1.1\nOffences against Act—application of Criminal Code etc\ns 4A ins A2005-54 amdt 1.1\nRelationship with the Territory-owned Corporations Act\ns 7 am A2003-56 amdt 3.1\nFacilities on non-ACTEW or non-AGL land\ns 10 am A2001-44 amdts 1.2-1.7; ss renum R2 LA (see A2001-44\namdt 1.8); A2025-29 amdt 4.3\nVesting of assets and liabilities\ns 11 am A2001-44 amdts 1.9-1.11; A2025-29 amdt 4.3\nVesting of assets and liabilities\ns 13 am A2001-44 amdts 1.12-1.14; A2003-56 amdt 3.2; A2025-29\namdt 4.3\nDescription of assets etc\ns 14 am A2001-44 amdt 1.15, amdt 1.16; A2003-56 amdt 3.3\nEffect of declarations under pt 3\ns 15 hdg sub A2001-44 amdt 1.17\ns 15 am A2001-44 amdt 1.18\nEvidence of vesting\ns 16 am A2001-44 amdt 1.18; A2003-56 amdt 3.4\nCompletion of necessary transactions\ns 17 am A2001-44 amdt 1.18, amdt 1.19\nRegistration of changes of ownership of assets\ns 18 am A2003-56 amdt 3.5\nDay-to-day supervision of seconded staff\ns 25 am A2002-30 amdt 3.1; A2025-29 amdt 4.3\nAgent companies not to dispose of undertakings without consent\ns 30 am A2025-29 amdt 3.1\nAudits\ns 32 am A2002-30 amdt 3.2; A2005-54 amdt 1.2\nAgents\ns 34 am A2002-30 amdt 3.3\nRegulation of prices, access and other matters\ns 36 sub A2003-56 amdt 3.6\n\nEndnotes\n4 Amendment history\npage 30 ACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\nR10\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict am A2003-56 amdt 3.7; A2018-42 amdt 3.1\ndef ACTEW am A2015-15 amdt 3.1\ndef joint venture entity sub A2007-3 amdt 3.1; A2007-16\namdt 3.1\ndef maintenance ins A2007-3 amdt 3.2\ndef network facility ins A2007-3 amdt 3.2\ndef non-ACTEW land ins A2007-3 amdt 3.2\ndef non-AGL land ins A2007-3 amdt 3.2\ndef subsidiary am A2018-42 amdt 3.2\ndef transferee am A2001-44 amdt 1.20\ndef utility service ins A2007-3 amdt 3.2\n\nEndnotes\nEarlier republications 5\nR10\n16/11/25\nACTEW/AGL Partnership Facilitation Act 2000\nEffective: 16/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n31 May 2000\n31 May 2000–\n11 Sept 2001\nnot amended new Act\nR1 (RI)\n27 May 2008\n31 May 2000–\n11 Sept 2001\nnot amended reissue of printed\nversion\nR2\n4 Apr 2002\n12 Sept 2001–\n16 Sept 2002\nA2001-44 amendments by\nA2001-44\nR3\n20 Sept 2002\n17 Sept 2002–\n18 Dec 2003\nA2002-30 amendments by\nA2002-30\nR4\n19 Dec 2003\n19 Dec 2003–\n23 Nov 2005\nA2003-56 amendments by\nA2003-56\nR5\n24 Nov 2005\n24 Nov 2005–\n11 Apr 2007\nA2005-54 amendments by\nA2005-54\nR6\n12 Apr 2007\n12 Apr 2007–\n10 July 2007\nA2007-3 amendments by\nA2007-3\nR7\n11 July 2007\n11 July 2007–\n9 June 2015\nA2007-16 amendments by\nA2007-16\nR8\n10 June 2015\n10 June 2015–\n21 Nov 2018\nA2015-15 amendments by\nA2015-15\nR9\n22 Nov 2018\n22 Nov 2018–\n15 Nov 2025\nA2018-42 amendments by\nA2018-42\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of facilitating the ACTEW-AGL joint venture partnership. While it has been amended 9 times since 2000, these amendments have been technical and housekeeping in nature (updating references to other Acts, adjusting definitions, clarifying application of the Criminal Code) rather than expanding the scope beyond the original intent of enabling the partnership structure for utility service delivery."},"complexity_factors":["Moderate cross-referencing with the Corporations Act, Territory-owned Corporations Act 1990, and Independent Competition and Regulatory Commission Act 1997","18 defined terms in the Dictionary section, with some terms having part-specific definitions (e.g., 'joint venture entity' has different meanings for Part 4)","Conditional vesting mechanisms requiring Ministerial declarations that depend on prior agreements between ACTEW and AGL, and in some cases Legislative Assembly resolution","Nested safeguards in Part 5 with multiple exceptions (e.g., mortgages and security interests don't count as 'disposals' if done with proper consent)","Part 2 creates a statutory severance mechanism for fixtures (network facilities) with associated rights of entry and conditions determined by the Minister","Transitional provisions dealing with proceedings started before vesting dates and substitution of parties in legal actions"],"plain_english_summary":"This Act sets a legal framework enabling a joint venture between ACTEW/Icon Water and AGL to deliver electricity, gas, water and sewerage in Canberra. It allows ministerial declarations to transfer or vest assets and rights, resolves ownership uncertainty of network infrastructure, and permits ACTEW to second staff while retaining employment.\n\nIt protects public control by requiring ACTEW hold at least 50% of any partnership, mandates Assembly approval for sales below that, and requires joint audits."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act’s core object — to facilitate a joint venture between ACTEW and AGL by enabling vesting of assets and secondment of staff (section 5) — remains the same. Subsequent amendments refined mechanisms (definitions, evidentiary rules, registration procedures), added administrative safeguards (audit, Assembly approval thresholds, agent company controls), and clarified interaction with regulators (s36). Those changes tighten and operationalise the original purpose rather than expand the Act’s fundamental scope beyond facilitating such joint ventures."},"complexity_factors":["Multiple cross-references to other statutes: Legislation Act 2001, Territory-owned Corporations Act 1990, Corporations Act, Lands Acquisition Act 1994, ICRC Act, Self-Government Act (increases legal cross-jurisdictional interactions).","12 substantive sections (s8–s36) plus a detailed dictionary with many defined terms (ACTEW, agent company, asset, joint venture entity, transferee, etc.).","Ministerial discretions with conditional limits and required consents (e.g. s10 class declarations, s11(3) requires ACTEW & AGL agreement and Assembly approval in some cases).","Automatic vesting mechanics combined with registration and evidentiary presumptions (s15–s19) create layered procedural steps and potential interaction with other property registers.","Exceptions and non-application clauses: exclusion of the Lands Acquisition Act (s20) while providing compensation (s35) introduces conditional remedy pathways.","Employment secondment regime preserves employer rights while delegating day-to-day functions (s23–26), requiring careful alignment with employment law and contracts.","Audit and penalty requirements (s32) impose compliance obligations and criminal penalties for failure to comply.","Use of class-based declarations (s10(2)) increases scope and conditional complexity (types of facilities, exceptions and regulation of conditions for access).","Evidentiary presumption for ministerial certificates (s16(3)) changes litigation burdens and proof rules.","Provisions for winding-up vesting (s12–13) add symmetrical but distinct procedures for starting and ending vestings."],"plain_english_summary":"**What this law does, in plain English**\n\n**Mechanical effect (how it works):**\n\n- The Act creates a legal framework to allow ACTEW and AGL (and their subsidiaries) to form joint ventures by way of partnerships and to move assets, rights and liabilities between the parent corporations and those joint-venture entities by ministerial declaration rather than by individual conveyancing transactions (see sections 5, 11, 13, 15).  \n- The Minister can declare certain network infrastructure that sits on land not owned by ACTEW or AGL to be severed from the land and to vest directly in the corporation that used the infrastructure (for example, power or gas lines attached to private land) (see section 10). Once severed the infrastructure is no longer a fixture and vests in the named corporation automatically.  \n- When assets or liabilities vest under the Act, they vest automatically \"by force of\" the Act on the vesting day, without the need for conveyance, registration or assignment; the Minister (or a delegate) can certify the vesting and that certificate is evidence (see sections 15–16, 18–19).  \n- On dissolution of the partnership the Minister can declare that assets, rights or liabilities vest back in ACTEW (or another person named) or in a subsidiary, subject to agreement by ACTEW and AGL (see sections 12–13).  \n- ACTEW may second its employees to joint-venture entities on agreed terms; ACTEW remains the employer, retains the power to discipline and dismiss, and may delegate day‑to‑day supervision (see sections 23–26).  \n- Public‑interest and accountability controls are built in: ACTEW must keep at least a 50% beneficial interest in any partnership unless the Legislative Assembly approves otherwise; companies that represent ACTEW must have all shares beneficially owned by ACTEW (or changes approved by the Assembly); agent companies have disposal restrictions and partnerships must include specific approval and director‑appointment clauses to bind ACTEW (see sections 27–31).  \n- Partnerships must have their accounts audited jointly by the Auditor‑General and an auditor appointed by AGL; failure to ensure the audit is an offence (see section 32).  \n- Existing regulatory instruments that applied to ACTEW or AGL (price directions, access agreements, regulatory determinations under the Independent Competition and Regulatory Commission Act) are extended to apply to the relevant joint venture entities as if the earlier references to ACTEW or AGL included the joint venture entity (see section 36).  \n\n**Who it affects**\n\n- ACTEW (now Icon Water Limited) and AGL and their subsidiaries and any corporate entities that become joint‑venture participants or agent companies under the arrangements.  \n- Landowners on whose land infrastructure is attached (because the Act permits severance of that infrastructure from the land and vests it in the corporation that used it) — subject to the Act's limits on which corporations can receive vesting (see section 10).  \n- Employees of ACTEW who are seconded to joint‑venture entities: their employer remains ACTEW but their day‑to‑day supervision can be exercised by the joint‑venture entity (see sections 23–26).  \n- Regulators and consumers: existing price directions, access agreements and regulatory determinations that applied to ACTEW or AGL continue to bind new joint‑venture entities (see section 36).  \n\n**Why it matters (official purpose and practical consequences)**\n\n- Officially the Act exists to \"facilitate\" the implementation of a future joint venture between ACTEW and AGL for electricity, gas and some water/sewerage operations (section 5). That facilitation is implemented mechanically by enabling rapid vesting of assets and liabilities into partnerships and by clarifying ownership of network facilities on land not owned by the utilities (sections 10, 11, 13, 15).  \n\n- Practical trade‑offs and implementation notes (derived from the text):\n  - Speed and transaction efficiency: automatic vesting (s15) and a ministerial certificate of vesting (s16) reduce the need for individual property transfers and registration steps. That lowers transaction costs when creating a joint venture but shifts reliance onto executive declarations and certificates rather than ordinary conveyancing proofs (s16(2)–(3)).  \n  - Executive discretion and scope: the Minister has significant powers to declare classes of facilities and to set conditions for maintenance and entry (s10(1)–(3), (7)–(9)). Broad or class-based declarations are expressly allowed (s10(2)). Those powers concentrate decision‑making in the executive while requiring that vestings have agreement from both ACTEW and AGL (s11(3), s13(2)).  \n  - Property safeguards and compensation: the Act excludes application of the Lands Acquisition Act to anything done under this Act (s20), so standard acquisition procedures do not apply. To address potential constitutional limits, the Territory is liable to pay reasonable compensation where an operation of the Act would otherwise be an unlawful acquisition (s35). That places the financial cost of any compensable acquisition on the Territory.  \n  - Continuity of rights and liabilities: the transferee becomes successor in law to the transferor for vested assets/rights/liabilities (s15(2)–(3)), and proceedings relating to vested matters continue against or by the transferee (s21). This preserves legal continuity without reopening contracts, but it also transfers existing obligations and litigation exposure to the joint venture entity.  \n  - Public accountability checks: the Legislative Assembly must approve reductions of ACTEW's beneficial interest below 50% and certain disposals (s27–30). Partnerships must include protective clauses about AGL disposals and ACTEW director appointment rights to bind ACTEW (s31). These impose political and procedural constraints on how ACTEW or agent companies can change ownership or dispose of main undertakings.  \n  - Regulatory continuity: existing price, access and determination instruments that applied to ACTEW/AGL continue to apply to joint ventures (s36). That keeps regulatory oversight in place and limits the ability of joint ventures to escape prior regulatory obligations.  \n  - Employment effects: secondment keeps the formal employer relationship with ACTEW but allows day‑to‑day management by the joint venture; ACTEW retains disciplinary and termination powers and employee terms/entitlements are preserved except as expressly varied (s23–26). This preserves employee rights while allowing operational flexibility.\n\n**Who pays, who decides, and what behaviours change**\n\n- Who pays: the Territory pays reasonable compensation where the Act results in an acquisition that would otherwise be unlawful (s35). Partnership entities bear the costs of audits and operations. Any regulatory adjustments (e.g. under existing price directions) continue to affect prices charged by the joint venture (s36).  \n- Who decides: the Minister makes declarations that effect vestings and sets conditions on entry/maintenance (s10, s11, s13). ACTEW and AGL must agree to vestings (s11(3), s13(2)). The Legislative Assembly must approve certain reductions in ACTEW ownership or disposals (s27, s30).  \n- Behaviour changes the Act encourages: it makes transfer of ownership into joint‑venture partnerships administratively easy, encourages secondment of existing ACTEW labour into joint ventures rather than hiring directly, and preserves regulatory and audit oversight while limiting routine conveyancing.  \n\n**Risks and implementation frictions to watch for**\n\n- Reliance on ministerial declarations and certificates concentrates discretion in the executive and shifts proof burdens to presumptions of authenticity for signed declarations (s16(3)).  \n- The Act removes the Lands Acquisition Act safeguard for transfers done under this Act (s20) while providing a compensation route (s35); in practice this can create litigation over the existence and quantum of \"reasonable compensation\".  \n- Class declarations (s10(2)) can be efficient but may create legal uncertainty for landowners and third parties unless the class limits are narrow and clearly described.  \n- Administrative and compliance burdens sit with the partnerships (joint audits, s32) and with ACTEW for maintaining ownership thresholds and Assembly approvals (s27–31).  \n\n**Key sections to read for each topic**\n- Purpose and scope: s5–6\n- Severing and vesting of network facilities: s8–10\n- Vesting into joint ventures at start and end, and evidentiary effects: s11–19\n- Employee secondment and employer powers: s23–26\n- Public accountability and ownership limits: s27–31\n- Audit and regulatory continuity: s32, s36\n\n(References in parentheses are to the sections of the Act.)"}},"importantCases":[],"_links":{"self":"/api/acts/actew-agl-partnership-facilitation-act-2000","history":"/api/acts/actew-agl-partnership-facilitation-act-2000/history","analysis":"/api/acts/actew-agl-partnership-facilitation-act-2000/analysis","conflicts":"/api/acts/actew-agl-partnership-facilitation-act-2000/conflicts","importantCases":"/api/acts/actew-agl-partnership-facilitation-act-2000/important-cases","documents":"/api/acts/actew-agl-partnership-facilitation-act-2000/documents"}}