{"id":"santos-limited-deed-of-undertaking-act-2007","name":"Santos Limited (Deed of Undertaking) Act 2007","slug":"santos-limited-deed-of-undertaking-act-2007","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106764,"registerId":"sa-santos-limited-deed-of-undertaking-act-2007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Santos Limited (Deed of Undertaking) Act 2007","content":"South Australia\nSantos Limited (Deed of Undertaking) Act 2007\nAn Act to give effect to a Deed of Undertaking made by Santos Limited in favour of the Premier for and on behalf of the Crown in the right of the State of South Australia; to repeal the Santos Limited (Regulation of Shareholdings) Act 1989; and for other purposes.\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tRatification and effect of Deed\n5\tEffect of Act\n6\tEvidence\n7\tRepeal\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Santos Limited (Deed of Undertaking) Act 2007.\n2—Commencement\n\t(1)\tSubject to subsection (2), this Act will come into operation on the day on which it is assented to by the Governor.\n\t(2)\tSection 7 will take effect 12 months from the date on which this Act receives assent.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nthe Deed means the Deed of Undertaking made by Santos Limited (ACN 007 550 923) in favour of the Premier for and on behalf of the Crown in right of the State of South Australia, as tabled by or on behalf of the Premier in the House of Assembly on 25 October 2007.\n\t(2)\tA reference to the Deed includes (if relevant) a reference to the Deed as modified in accordance with clause 12 of the Deed.\n4—Ratification and effect of Deed\n\t(1)\tThe Deed is ratified and approved by the Parliament.\n\t(2)\tThe Deed will have full force and effect and will be binding and enforceable by virtue of the enactment of this Act (and without any other legal requirement or step in order to create a valid and binding instrument and despite the operation or effect of any other law).\n\t(3)\tIn connection with the operation of subsection (2), the Premier may enforce the Deed for and on behalf of the Crown in right of the State of South Australia.\n5—Effect of Act\nThe enactment of this Act will not (and cannot) be taken to be a restriction constituting a circumstance within the ambit of clause 3.2(a)(2) of the Deed.\n6—Evidence\n\t(1)\tA certificate of the Premier certifying that a document is an accurate copy of the Deed, as tabled in Parliament (and, if relevant, the Deed as modified), is admissible in evidence in any proceedings and is evidence—\n\t(a)\tof the tabling of the Deed; and\n\t(b)\tof any matter so certified.\n\t(2)\tSubsection (1) does not affect any other way in which the tabling or content of the Deed, or the accuracy of a copy of the Deed, may be established.\n7—Repeal\nThe Santos Limited (Regulation of Shareholdings) Act 1989 is repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2007\n56\nSantos Limited (Deed of Undertaking) Act 2007\n29.11.2007\n29.11.2007 except s 7—29.11.2008: s 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act replaces the prior statutory regime governing Santos’ shareholdings (the 1989 Act) by ratifying and elevating a negotiated Deed into statutory force (ss4,7). That shifts regulatory effect from a standalone statute to a contractually-based undertaking enforceable by the Executive, adds streamlined evidentiary and enforcement mechanisms (s6; s4(3)), and limits a particular interpretation under the Deed (s5)."},"complexity_factors":["Short, single-purpose statute with limited provisions (Acts 1–7) reduces procedural complexity.","Primary operative instrument is an external Deed incorporated by reference (s3(1)); understanding requires reading that Deed.","Deed may be modified under its own clause 12; the Act recognises such modification (s3(2)), creating conditional scope.","Premier has statutory enforcement discretion to act on behalf of the Crown (s4(3)), concentrating decision-making power.","Evidentiary simplification via a Premier’s certificate eases proof but centralises official control of documentary evidence (s6).","The Act overrides potential conflicts with other law by making the Deed binding despite other laws (s4(2)), which can produce legal interaction issues.","A targeted non-interpretation rule limits a particular legal consequence under the Deed (s5), requiring cross-reference to the Deed’s clause 3.2(a)(2).","Staggered commencement for the repeal (s2(2), s7) creates a temporal transition between regulatory regimes."],"plain_english_summary":"This Act gives statutory force to a Deed of Undertaking between Santos Limited and the State of South Australia: it ratifies the Deed, makes it legally binding and enforceable, and authorises the Premier to enforce it on the Crown’s behalf (s4). It also repeals the earlier Santos Limited (Regulation of Shareholdings) Act 1989 (s7) and simplifies proof of the Deed by permitting a Premier’s certificate as evidence (s6). Affected parties: Santos Limited and the State; it creates enforceable obligations and an executive enforcement role."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be determined — the full text of the legislation was not accessible, so no comparison between original intent and enacted provisions is possible."},"complexity_factors":["Actual legislative text was not retrievable due to a website error, making substantive analysis impossible","Acts giving effect to Deeds of Undertaking can involve complex corporate and commercial law concepts","The interaction between a private deed and public statutory enforcement mechanisms can create layered legal obligations","Without the text, the true complexity cannot be properly assessed — score reflects the limited information available rather than the Act itself"],"plain_english_summary":"This Act appears to give statutory force to a Deed of Undertaking involving Santos Limited, making a private corporate commitment legally enforceable and thereby affecting Santos, its shareholders, South Australian energy consumers, and the wider public with interests in the company’s obligations.\n\nThe full text wasn’t available for review, so specifics can’t be confirmed without the Act itself."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: giving statutory effect to a specific deed between Santos and the SA Government, and repealing the predecessor Act. There is no evidence of scope creep — the Act does exactly what its long title says and no more."},"complexity_factors":["Only 1 defined term ('the Deed') in the interpretation section","No cross-references to other legislation (except the repealed 1989 Act)","Straightforward procedural structure: define, ratify, enforce, evidence, repeal","Single conditional provision (Section 2 commencement timing)","No nested exceptions or complex conditional logic","Extremely short — 7 operative sections covering a specific, narrow transaction"],"plain_english_summary":"**What this law does:**\n\nThis Act gives legal backing to a private agreement (called a \"Deed of Undertaking\") between Santos Limited — a major Australian oil and gas company — and the South Australian Government. It effectively swaps one set of rules for another.\n\n**Key points:**\n\n* **Ratifies a deal:** The Parliament formally approves and gives legal force to a deed that Santos signed with the Premier. This deed likely contains promises or restrictions about how Santos operates its shareholdings or business in SA.\n* **Makes the deed enforceable:** Without this Act, the deed might have been just a private contract. Now it has the full weight of state law behind it — the Premier can take legal action to enforce it on behalf of the government.\n* **Protects the deal:** Section 5 ensures that passing this law doesn't accidentally trigger any \"get-out\" clauses in the deed itself (specifically, it prevents the enactment from being seen as a \"restriction\" that would let Santos walk away).\n* **Streamlines proof:** The Premier can issue certificates proving what the deed says, and courts must accept these as evidence.\n* **Cleans up old law:** It repeals (cancels) the *Santos Limited (Regulation of Shareholdings) Act 1989* — an older law that presumably regulated who could own shares in Santos. The 12-month delay on this repeal (Section 7) suggests a transition period.\n\n**Who it affects:**\n\n* **Santos Limited:** Now bound by the deed as if it were statute law.\n* **South Australian Government:** Gains enforcement powers and a modernised framework for overseeing Santos.\n* **Santos shareholders:** The old restrictions on shareholdings disappear after 12 months, replaced by whatever the new deed contains.\n\n**Why it matters:**\n\nThis is a classic example of \"contractualisation\" of regulation — replacing prescriptive laws with a negotiated private agreement backed by statute. It gives flexibility to both parties while maintaining government oversight. The 1989 Act was likely a protectionist measure from a different era; this 2007 update reflects changed economic conditions and corporate structures."}},"importantCases":[],"_links":{"self":"/api/acts/santos-limited-deed-of-undertaking-act-2007","history":"/api/acts/santos-limited-deed-of-undertaking-act-2007/history","analysis":"/api/acts/santos-limited-deed-of-undertaking-act-2007/analysis","conflicts":"/api/acts/santos-limited-deed-of-undertaking-act-2007/conflicts","importantCases":"/api/acts/santos-limited-deed-of-undertaking-act-2007/important-cases","documents":"/api/acts/santos-limited-deed-of-undertaking-act-2007/documents"}}