{"id":"south-australian-ports-disposal-of-maritime-assets-act-2000","name":"South Australian Ports (Disposal of Maritime Assets) Act 2000","slug":"south-australian-ports-disposal-of-maritime-assets-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110100,"registerId":"sa-south-australian-ports-disposal-of-maritime-assets-act-2000-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Ports (Disposal of Maritime Assets) Act 2000","content":"South Australia\nSouth Australian Ports (Disposal of Maritime Assets) Act 2000\nAn Act to provide for the disposal of assets of the South Australian Ports Corporation; to provide for the repeal of the South Australian Ports Corporation Act 1994; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tCertain maritime assets to be treated as personal property\n5\tTerritorial application of Act\nPart 2—Disposal of maritime assets\n6\tTransfer of maritime assets to State-owned company with a view to sale of shares in the company\n7\tDisposal of maritime assets and liabilities\n8\tTerms of certain sale/lease agreements\n9\tOrders, agreements etc to be laid before Parliament\n10\tDivision of land and related changes to the Development Plan\n11\tGovernment guarantee\n12\tApplication of proceeds of sale/lease agreement\nPart 3—Staff\n13\tTransfer of staff\n14\tEmployee transfer orders\nPart 4—Dissolution of the Corporation\n15\tDissolution of the Corporation\n16\tRepeal of the South Australian Ports Corporation Act 1994\nPart 5—Recreational access to ports\n17\tRecreational access agreements\n18\tEnforcement of recreational access agreements\nPart 6—Statutory easement\n19\tStatutory easement\nPart 7—The Port Adelaide Container Terminal Monitoring Panel\n20\tPort Adelaide Container Terminal Monitoring Panel\n21\tMembership of panel\n22\tProcedure of panel\n23\tPerformance objectives and criteria\n24\tObligation to report\n25\tNotice of breach\nPart 8—Limitation on cross ownership\n26\tLimitation on cross-ownership\nPart 9—Miscellaneous\n27\tProvision of capital to State-owned company\n28\tState-owned company to be instrumentality of the Crown\n29\tContract or arrangement between Corporation and State-owned company\n30\tAmount payable by State-owned company in lieu of tax\n31\tValidation of certain contracts etc\n32\tInteraction between this Act and other Acts\n33\tEffect of things done or allowed under this Act\n34\tStamp duty\n35\tLand tax\n36\tRegistration of transfer of land\n37\tNon-application of Parliamentary Committees Act 1991\n38\tRegulations\nSchedule 1—Division of land\nSchedule 2—Amendments to Development Plan\nCeduna (DC)—13 April 2000\n(1)\tCouncil-Wide provisions\n(2)\tResidential Zone\nLand Not Within a Council Area (Coastal Waters)—13 April 2000\n(1)\tCouncil-Wide provisions\nLand Not Within a Council Area (Metropolitan)—6 April 2000\n(1)\tCouncil-Wide provisions\n(2)\tCoastal Zone\nPort Adelaide Enfield (City)—11 May 2000\n(1)\tCouncil-Wide provisions\n(2)\tIndustry (Deferred Port) Zone\n(3)\tIndustry (Port) Zone\n(4)\tMOSS (Conservation) Zone\n(5)\tIn the MOSS (Buffer) Zone\nPort Lincoln (City)—16 September 1999\n(1)\tCouncil-Wide provisions\n(2)\tLincoln Harbor (Area 6)\nPort Pirie (City)—16 March 2000\n(1)\tCouncil-Wide provisions\n(2)\tCommercial 3 Zone\nWallaroo (CT)—23 March 2000\n(1)\tCouncil-Wide provisions\nYorketown (DC)—23 March 2000\n(1)\tCouncil-Wide provisions\nSchedule 3—Superannuation benefits for transferred employees\n1\tInterpretation\n2\tTriple S Scheme\n3\tNew scheme contributors\n4\tOld scheme contributors\n5\tSpecial provision for certain old scheme contributors\n6\tProvisions as to preservation apply despite the fact that the transferred employee may be over 55\n7\tModifications to Superannuation Act 1988 to continue in operation\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the South Australian Ports (Disposal of Maritime Assets) Act 2000.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nasset includes—\n\t(a)\tan interest in real or personal property;\n\t(b)\ta contractual interest (including both contractual rights and contractual liabilities);\n\t(c)\tan interest in legal proceedings;\nCorporation means the South Australian Ports Corporation;\nland includes—\n\t(a)\ta subsurface stratum (which may terminate at a particular subsurface level or extend downwards without defined limit);\n\t(b)\ta stratum of airspace (which may terminate at a specified level or extend upwards without defined limit);\nlease includes—\n\t(a)\ta sub-lease or other derivative of a lease;\n\t(b)\thire of personalty;\n\t(c)\ta licence;\nmaritime asset means—\n\t(a)\ta port that was, at the commencement of this Act, vested in the Corporation; or\n\t(b)\tany asset vested in the Corporation associated with the operation of such a port;\n\t(c)\tany asset transferred to a State-owned company or other authorised transferee by a transfer order under this Act;\n\t(d)\tany other asset of the Corporation or the Crown that is, by direction of the Minister, to be regarded as a maritime asset;\nmaritime liability means a liability of the Corporation as at the commencement of this Act and includes a liability transferred to a State-owned company or other authorised transferee by a transfer order under this Act;\nmemorandum of understanding means a memorandum of understanding between the Government and the Maritime Union of Australia and the Australian Maritime Officers Union about the rights of employees in the event of their transfer to private employment under this Act;\nquarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year;\nsale/lease agreement—see section 7;\nState-owned company means—\n\t(a)\ta company incorporated under the Corporations Law in which all the issued shares are held by Ministers of the Crown or their nominees, nominated by the Minister by notice in the Gazette as a State-owned company for the purposes of this Act; or\n\t(b)\ta subsidiary of such a company within the meaning of the Corporations Law;\nsubjacent land means land that lies below the water in a harbor or port;\ntransfer order—see section 6.\n4—Certain maritime assets to be treated as personal property\n\t(1)\tThe Minister may, by instrument in writing, determine that—\n\t(a)\ta maritime asset specified in the determination; or\n\t(b)\tmaritime assets of a class specified in the determination,\nare to be regarded as personalty even though annexed to land.\n\t(2)\tThe Minister may, by subsequent instrument in writing, vary or revoke a determination under this section.\n\t(3)\tA transfer of title to land to which an asset to which a determination under this section applies is annexed does not operate to transfer title to the asset and the asset may be dealt with separately from the land.\n5—Territorial application of Act\n\t(1)\tThis Act applies both within and outside the State.\n\t(2)\tThis Act applies outside the State to the full extent of the extra-territorial legislative capacity of the Parliament.\nPart 2—Disposal of maritime assets\n6—Transfer of maritime assets to State-owned company with a view to sale of shares in the company\n\t(1)\tThe Minister may by instrument in writing (a transfer order)—\n\t(a)\ttransfer a maritime asset to an authorised transferee; or\n\t(b)\ttransfer a maritime asset acquired by an authorised transferee under a transfer order to the Corporation or another authorised transferee.\n\t(2)\tEach of the following is an authorised transferee—\n\t(a)\ta State-owned company;\n\t(b)\ta Minister, agency or instrumentality of the Crown.\n\t(3)\tA transfer order—\n\t(a)\tvests title to the asset to which the order relates in the transferee in accordance with its terms; and\n\t(b)\tdischarges that asset from any trust or other interest in favour of the Crown (except to the extent that any such interest may be expressly preserved under the terms of the transfer order).\n\t(4)\tA transfer of title under this section operates by force of this Act and despite the provisions of any other law or instrument.\n\t(5)\tA transfer order may require the transferee to indemnify the Corporation against specified liabilities or liabilities of a specified class.\n7—Disposal of maritime assets and liabilities\n\t(1)\tThe Minister may by agreement (a sale/lease agreement) with another (the purchaser) do one or more of the following:\n\t(a)\ttransfer to the purchaser maritime assets or liabilities (or both);\n\t(b)\tgrant to the purchaser a lease, easement or other rights in respect of maritime assets;\n\t(c)\ttransfer to the purchaser shares in a State-owned company.\n\t(2)\tA sale/lease agreement—\n\t(a)\tcreates or transfers title to, or an interest in or in relation to, an asset to which the agreement relates in accordance with its terms; and\n\t(b)\tdischarges an asset to which the agreement relates from any trust or other interest in favour of the Crown (except to the extent that any such interest may be expressly preserved under the terms of the agreement); and\n\t(c)\tcreates or transfers liabilities in accordance with its terms.\n\t(3)\tWithout limiting subsection (2)(c), a sale/lease agreement may impose on the purchaser a liability to indemnify the Corporation or the Crown against specified liabilities or liabilities of a specified class.\n\t(4)\tThe creation or transfer of title to, or an interest in or in relation to, an asset under this section, and the creation or transfer of a liability under this section, operate by force of this Act and despite the provisions of any other law or instrument.\n8—Terms of certain sale/lease agreements\n\t(1)\tThis section applies if a sale/lease agreement operates as a lease of a maritime asset.\n\t(2)\tThe agreement should contain terms under which—\n\t(a)\tthe lessee is required periodically to submit a Strategic Development Plan giving specified details of how the lessee plans to develop the South Australian assets involved in the lessee's business; and\n\t(b)\tthe risk of non-payment of rent (including amounts to be paid on the exercise of a right or option to renew or extend the lease) is addressed at the commencement of the lease by the provision of adequate security or other means; and\n\t(c)\tthe lessor accepts no liability for, and provides no warranty or indemnity relating to, the lessee's use of the asset in trade or business; and\n\t(d)\tthe lessee is to indemnify the lessor for any liability of the lessor to a third party arising from the lessee's use or possession of the asset; and\n\t(e)\tthe lessee is required to have adequate insurance against risks arising from the use or possession of the asset; and\n\t(f)\tthe lessee is required to ensure compliance with all regulatory requirements applicable to the use or possession of the asset; and\n\t(g)\tthe lessor is entitled to terminate the lease for—\n\t(i)\tnon-payment of rent; or\n\t(ii)\tany other serious breach that remains unremedied after the lessor has given notice of the breach and allowed a reasonable opportunity for it to be remedied; and\n\t(h)\tthe lessor has a right or option, at the expiration or earlier termination of the lease, to acquire assets that form part of the business involving the asset at a reasonable market value (including, where the leased asset is land, improvements to the land).\n\t(3)\tA sale/lease agreement that does not comply with subsection (2) is not invalid for that reason but when the agreement is laid before Parliament it must be accompanied by a report identifying the non-compliance and stating the reasons for it.\n\t(4)\tA sale/lease agreement must contain a provision under which the lessee must give at least 12 months notice of the intended closure of a port or any part of it.\n\t(5)\tA provision of a sale/lease agreement or a related instrument that deals with any of the following subjects has effect according to its terms and despite any law to the contrary:\n\t(a)\tthe circumstances or conditions under which the lease may be terminated by the lessor or lessee; or\n\t(b)\tthe pre-payment of amounts payable by way of rent and the retention of such amounts by the lessor; or\n\t(c)\tthe continuance of the lease despite the occurrence of unintended or unforeseen circumstances; or\n\t(d)\tthe continuance of the obligation to pay rent despite the occurrence of unintended or unforeseen circumstances; or\n\t(e)\tthe amount payable in consequence of a breach of the lease.\n\t(6)\tA sale/lease agreement may provide for the payment of civil penalties by the lessee in the event of specified breaches of the lease.\n\t(7)\tA civil penalty is recoverable by the Crown as a debt (whether or not the breach has resulted in damage or loss).\n\t(8)\tThe Governor may, by proclamation, exempt the lessor under a sale/lease agreement (to an extent specified in the proclamation) from civil or criminal liabilities that the lessor might otherwise incur as owner or lessor of the land, or in relation to the use (or misuse) of the land.\n\t(9)\tHowever, an exemption cannot be granted from liabilities that the lessor has to the lessee under the sale/lease agreement.\n9—Orders, agreements etc to be laid before Parliament\n\t(1)\tThe Minister must have copies of a transfer order or a sale/lease agreement laid before both Houses of Parliament as soon as practicable after the order or agreement was made.\n\t(2)\tThe Minister must have a report on the probity of the processes leading up to the making of a sale/lease agreement prepared by an independent person engaged for the purpose and cause the report to be laid before both Houses of Parliament as soon as practicable after the making of the sale/lease agreement.\n10—Division of land and related changes to the Development Plan\n\t(1)\tThe Minister may lodge an application for division of the land shown in Schedule 1.\n\t(2)\tIf a maritime asset consists of land (other than the land shown in Schedule 1), and the Minister considers it appropriate to divide the land into separate allotments with a view to—\n\t(a)\tdisposal of the whole of the land in separate allotments; or\n\t(b)\tdisposal of some of the allotments and retention of others,\nthe Minister may lodge an application for division of the land with the Registrar‑General.\n\t(3)\tAn application under subsection (1) or (2) must be accompanied by a plan of the division and any other information or materials the Registrar-General may require.\n\t(4)\tThe Registrar-General must cancel any existing certificate of title for the land to which an application under subsection (1) or (2) relates, and issue new certificates for the allotments to be created by the division.\n\t(5)\tNo consent, approval, authorisation or certificate is required under the Development Act 1993 for a division of land under this section.\n\t(6)\tThe Development Plan under the Development Act 1993 is amended as set out in Schedule 2.\n\t(7)\tIf the Development Plan is amended before the amendments set out in Schedule 2 come into effect, the Minister may make consequential amendments to the amendments or the Development Plan as may be appropriate.\n11—Government guarantee\n\t(1)\tA Government guarantee has no application in relation to—\n\t(a)\tliabilities transferred by a transfer order or sale/lease agreement (unless the liabilities are transferred back to the Corporation); or\n\t(b)\tliabilities of a company that was a State-owned company before the shares in the company were transferred to a purchaser.\n\t(2)\tIn this section—\nGovernment guarantee means—\n\t(a)\ta guarantee under section 28 of the Public Corporations Act 1993;\n\t(b)\ta guarantee or indemnity given by the Corporation;\n\t(c)\ta guarantee or indemnity under section 19 of the Public Finance and Audit Act 1987.\n12—Application of proceeds of sale/lease agreement\n\t(1)\tThe proceeds of a sale/lease agreement must be applied for one or more of the following purposes:\n\t(a)\tdefraying the cost of restructuring and disposal of maritime assets and the necessary preparatory work;\n\t(b)\twork to deepen, extend or clear a harbor or port or other work to develop or improve such a harbor or port;\n\t(c)\timproving services and facilities related to a port or infrastructure associated with a port;\n\t(d)\tretiring State debt;\n\t(e)\tmaking provision of up to $100 million for the State's superannuation liabilities.\n\t(2)\tIf the proceeds are not applied immediately to a purpose mentioned above, they must be kept in a separate account at the Treasury, and any income from investment of the money standing to the credit of the account must be applied towards retiring State debt.\n\t(3)\tAn amount paid by way of security will not be regarded as proceeds of a sale/lease agreement for the purposes of this section.\nPart 3—Staff\n13—Transfer of staff\n\t(1)\tThe Minister may, by order in writing (an employee transfer order)—\n\t(a)\ttransfer employees of the Corporation to positions in the Department for Administrative and Information Services (DAIS); or\n\t(b)\ttransfer employees who have been transferred to the positions in DAIS to employment by a purchaser under a sale/lease agreement or a company related to the purchaser.\n\t(2)\tAn employee transfer order takes effect on the date of the order or on a later date specified in the order.\n\t(3)\tAn employee transfer order may be varied or revoked by the Minister by further order in writing made before the order takes effect.\n\t(4)\tAn employee transfer order has effect by force of this Act and despite the provisions of any other law or instrument.\n\t(5)\tA company and a purchaser are related for the purposes of this section if they are related bodies corporate within the meaning of the Corporations Law.\n14—Employee transfer orders\n\t(1)\tAn employee transfer order—\n\t(a)\tmust be consistent with the memorandum of understanding; and\n\t(b)\tmay contain provisions to give effect to the memorandum of understanding.\n\t(2)\tAn employee transfer order may contain terms and conditions that, on the transfer of an employee to private employment, take effect as terms and conditions of the employee's contract of employment.\n\t(3)\tAny such term or condition takes effect as a term or condition of the employee's contract of employment on the transfer of the employee to private employment but thereafter the term or condition is subject to variation or exclusion by agreement between the employer and the employee.\n\t(4)\tOn transfer of an employee to private employment under an employee transfer order, the Minister must make a lump sum payment to the employee in accordance with the memorandum of understanding.\n\t(5)\tTermination of employment with the Corporation or DAIS under an employee transfer order does not constitute a redundancy or retrenchment.\nPart 4—Dissolution of the Corporation\n15—Dissolution of the Corporation\n\t(1)\tAt any time after the transfer of assets from the Corporation commences, the Minister may, by notice in the Gazette, assume control of the Corporation.\n\t(2)\tOn the date of the Minister's assumption of control, the board of directors of the Corporation is dissolved and the Corporation's powers are vested in the Minister.\n\t(3)\tAfter the Minister assumes control of the Corporation under this section, its functions are—\n\t(a)\tto administer efficiently and for the benefit of the State any assets for so long as they remain vested in the Corporation; and\n\t(b)\tto facilitate the disposal of assets under this Act; and\n\t(c)\tsuch of its former functions as, in the Minister's opinion, can be conveniently carried out by the Corporation.\n\t(4)\tThe Governor may, by proclamation, dissolve the Corporation.\n\t(5)\tOn the dissolution of the Corporation, any remaining assets and liabilities of the Corporation vest in the State.\n16—Repeal of the South Australian Ports Corporation Act 1994\n\t(1)\tThe Governor may, by the proclamation dissolving the Corporation or by a later proclamation, fix a date for the repeal of the South Australian Ports Corporation Act 1994.\n\t(2)\tOn the date fixed under subsection (1), the South Australian Ports Corporation Act 1994 is repealed.\nPart 5—Recreational access to ports\n17—Recreational access agreements\n\t(1)\tThe Minister will, as a condition of entering into a sale/lease agreement with a particular purchaser, require the purchaser to enter into an agreement (a recreational access agreement) governing access by the public to land and facilities to which the sale/lease agreement applies.\n\t(2)\tThe purpose of a recreational access agreement is to preserve or enhance access by the public, free of charge, to land and facilities to which the sale/lease agreement applies.\n\t(3)\tA recreational access agreement is made between—\n\t(a)\tthe council for the area in which the land to which the agreement relates is situated; and\n\t(b)\tthe purchaser.\n\t(4)\tA recreational access agreement—\n\t(a)\tis binding on the occupiers for the time being of land to which it applies; and\n\t(b)\tmay be amended from time to time by agreement between the relevant council and the current occupiers of that land.\n\t(5)\tThe relevant council must keep a copy of a recreational access agreement (and of any amendment to such an agreement) available for public inspection at its public office.\n18—Enforcement of recreational access agreements\n\t(1)\tThe Supreme Court may, on application by an interested person, make orders for the enforcement of a recreational access agreement.\n\t(2)\tThe following are interested persons:\n\t(a)\tthe council for the area in which the land to which the agreement relates is situated;\n\t(b)\tan occupier of land to which the agreement relates;\n\t(c)\tthe South Australian Recreational Fishing Advisory Council Inc.;\n\t(d)\ta person specified or a person of a class specified by regulation.\nPart 6—Statutory easement\n19—Statutory easement\n\t(1)\tA statutory easement exists in favour of the owner of port infrastructure if—\n\t(a)\tthe infrastructure was, at the commencement of this section, situated on, above or under Corporation land; and\n\t(b)\teither—\n\t(i)\tthe owner then had no formal entitlement (in the form of a written easement, lease or licence) to maintain or operate the infrastructure on Corporation land; or\n\t(ii)\tthe infrastructure was then owned by the Corporation and ownership of the infrastructure becomes dissociated from ownership of the land in the course of the sale or disposal of the Corporations's assets.\n\t(2)\tThe easement is an easement in gross that does not depend on the existence of a dominant tenement.\n\t(3)\tThe easement entitles the owner—\n\t(a)\tto retain, maintain and operate the relevant infrastructure on, above or under the land affected by the easement;\n\t(b)\tto enter the land (in person or by his or her agents or employees) at any reasonable time, for the purpose of operating, examining, maintaining, repairing, modifying, replacing or removing the relevant infrastructure;\n\t(c)\tto bring on to the land any vehicles or equipment that may be reasonably necessary for any of the above purposes.\n\t(4)\tA person exercising rights under the statutory easement must take reasonable steps—\n\t(a)\tto minimise damage to land or other property from work or activities carried out in the exercise of rights conferred by the statutory easement; and\n\t(b)\tto avoid unnecessary interference with land or other property, or the use or enjoyment of land or other property, from the exercise of rights under the statutory easement.\n\t(5)\tThe owner of land affected by the statutory easement may, by agreement with the owner of the infrastructure, execute an instrument—\n\t(a)\tconferring an easement that operates to the exclusion of the statutory easement so far as it affects that land; or\n\t(b)\tdischarging the land from the statutory easement,\nand on registration of the instrument under the Real Property Act 1886 or the Registration of Deeds Act 1935 the land is discharged from the statutory easement.\n\t(6)\tAn easement under this section need not be registered.\n\t(7)\tHowever, the Registrar-General must, on application by the owner of the land or infrastructure, note the statutory easement on each certificate of title, or Crown lease, affected by the easement.\n\t(8)\tAn application under this section—\n\t(a)\tneed not include a plan of the easement;\n\t(b)\tmust include a schedule of all certificates of title and Crown leases affected by the easement.\n\t(9)\tThe Registrar-General is entitled to act on the basis of information included in the application and is not obliged to do anything to verify the accuracy of that information.\n\t(10)\tIn this section—\nport infrastructure means fixtures at a port comprising a pipeline, conveyor belt or crane or any plant or equipment associated with the operation of a pipeline, conveyor belt or crane.\nPart 7—The Port Adelaide Container Terminal Monitoring Panel\n20—Port Adelaide Container Terminal Monitoring Panel\nA panel entitled the Port Adelaide Container Terminal Monitoring Panel is established.\n21—Membership of panel\n\t(1)\tThe members of the panel are to be appointed by the Minister.\n\t(2)\tThe membership of the panel is to be determined in accordance with the regulations.\n\t(3)\tA member is, subject to the regulations, to be appointed for a term (at least 2 years) stated in the instrument of the member's appointment.\n\t(5)\tA member of the panel may appoint an alternate member to act as a member of the panel when the member is unavailable to attend a meeting of the panel and, while so acting, the alternate member is to be regarded as a member of the panel.\n22—Procedure of panel\nSubject to the regulations, the panel may determine its own procedures.\n23—Performance objectives and criteria\n\t(1)\tThe panel must establish performance objectives and performance criteria for the Port Adelaide container terminal.\n\t(2)\tThe performance criteria must be capable of objective measurement.\n\t(3)\tThe panel must notify the operator of the Port Adelaide container terminal of performance objectives and criteria established under this section.\n\t(4)\tThe panel may from time to time revise performance objectives and performance criteria for the Port Adelaide container terminal.\n\t(5)\tRevised performance objectives or criteria do not take effect until a date fixed by the panel which must be at least 3 months after the panel gives the operator notice of the proposed new performance objectives or criteria.\n24—Obligation to report\n\t(1)\tThe operator of the Port Adelaide container terminal must report to the panel within 1 month after the end of each quarter.\n\t(2)\tThe report must contain the information required by the panel to assess compliance with the performance objectives and performance criteria.\n25—Notice of breach\n\t(1)\tIf the operator fails to meet performance criteria for a particular quarter, the panel may issue a notice of non-performance.\n\t(2)\tIf the panel issues notices of non-performance in relation to 2 successive quarters, the operator's rights to possession and control of the Port Adelaide container terminal are liable to termination.\n\t(3)\tIf the panel issues notices of non-performance in relation to 2 successive quarters to the operator, the panel must inform the Minister, providing details of the nature of the non‑performance.\nPart 8—Limitation on cross ownership\n26—Limitation on cross-ownership\n\t(1)\tA person has a cross-ownership interest if the person simultaneously has—\n\t(a)\tan interest in the container terminal at Outer Harbor, Port Adelaide, situated on the land designated as Title B in the plans in Schedule 1; and\n\t(b)\tan interest—\n\t(i)\tin a container terminal in the Port of Melbourne, Victoria, that annually handles 25 per cent or more (by mass) of the container freight handled in that port; or\n\t(ii)\tin a container terminal in the Port of Fremantle, Western Australia, that annually handles 25 per cent or more (by mass) of the container freight handled in that port.\n\t(2)\tA person has an interest in a container terminal if the person—\n\t(a)\thas an interest in the land, buildings, structures or equipment that constitute the terminal; or\n\t(b)\thas an interest in the operation or management of the container terminal; or\n\t(c)\thas a right to share in profits derived from the operation of the container terminal.\n\t(3)\tA person is taken to have an interest in a particular asset if an associate of the person has an interest in that asset.\n\t(4)\tTwo persons are associates of each other if—\n\t(a)\tthey are related bodies corporate within the meaning of the Corporations Law; or\n\t(b)\tone is a body corporate and the other is a director or secretary of the body corporate; or\n\t(c)\tthey are members of the same partnership or joint venture; or\n\t(d)\tone is a trustee and the other is a beneficiary of the same trust; or\n\t(e)\tthere is an agreement, arrangement or understanding (whether enforceable or not) under which—\n\t(i)\tone acts in accordance with the directions, instructions or wishes of the other; or\n\t(ii)\tif one or both are bodies corporate—a majority of the directors of one act in accordance with the directions, instructions or wishes of the other,\n(other than an agreement, arrangement or understanding entered into in the ordinary course of business for the supply of goods or services); or\n\t(f)\tthe regulations declare them to be associates for the purposes of this Act; or\n\t(g)\ta chain of associations can (by applying any one or more of the above provisions) be traced between them through another person or another persons.\n\t(5)\tIf a person has a cross-ownership interest that, in the opinion of the Minister, may result in the container terminal not being managed or operated in the best interests of the State, the Minister may, by notice in writing given to the person or to the person and an associate of the person, require the divestiture of assets, within a reasonable period specified in the notice, to the extent considered necessary by the Minister to avoid that result.\n\t(6)\tBefore exercising a power under subsection (5), the Minister must—\n\t(a)\tgive the person or the person and the associate (as the case requires) at least 21 days notice in writing of the proposed requirement for divestiture and the reasons for the proposed requirement; and\n\t(b)\tallow the person or the person and the associate (as the case requires) a reasonable opportunity to show cause why the requirement for divestiture should not be imposed and to provide supporting documents and other information (verified by statutory declaration if required by the Minister).\n\t(7)\tIf a person fails to comply with a notice under subsection (5), the Minister may, by subsequent notice in writing to the person, confiscate assets that have not been divested as required.\n\t(8)\tA person to whom notice is given under subsection (5) or subsection (7) may, within 21 days, apply to the Supreme Court for judicial review of the decision to give the notice.\nPart 9—Miscellaneous\n27—Provision of capital to State-owned company\n\t(1)\tAny one or more Ministers of the Crown may subscribe capital to a State-owned company.\n\t(2)\tThe Treasurer may, on conditions the Treasurer considers appropriate—\n\t(a)\tadvance loan capital to a State-owned company; and\n\t(b)\ttransfer non-pecuniary assets of the Crown to a State-owned company.\n\t(3)\tCapital subscriptions and advances are, subject to any contrary direction by the Treasurer, to be paid out of the Consolidated Account (which is appropriated to the necessary extent).\n\t(4)\tAn instrument to give effect to a transaction under this section is exempt from stamp duty.\n28—State-owned company to be instrumentality of the Crown\n\t(1)\tA State-owned company formed for the purposes of this Act is to be regarded as an instrumentality of the Crown.\n\t(2)\tHowever, the company ceases to be an instrumentality of the Crown when it ceases to be a State-owned company.\n29—Contract or arrangement between Corporation and State-owned company\nThe Corporation may enter into a contract or arrangement with a State-owned company under which the State-owned company may make use of the services of employees or the facilities of the Corporation.\n30—Amount payable by State-owned company in lieu of tax\n\t(1)\tIf the results achieved by a State-owned company from its operations over a designated period give rise to a presumptive liability for income tax, the company must, at such time as the Treasurer stipulates, pay to the Treasurer, for the credit of the Consolidated Account, a sum equal to the amount of the presumptive liability.\n\t(2)\tThe Treasurer may require a State-owned company to make other payments in respect of a designated period in lieu of taxes under the law of the State or the Commonwealth from which the company was exempt during the designated period because of the company's relationship to the Crown.\n\t(3)\tIn this section—\ndate of divestiture means the date the sale of shares in the State-owned company is completed;\ndesignated period is a period of 12 months or less falling before the date of divestiture of the company—\n\t(a)\textending from the date of the company's incorporation to the following 30 June or the date of divestiture of the company (whichever is first);\n\t(b)\textending from 1 July in one year to 30 June in the next;\n\t(c)\textending from 30 June to the date of divestiture of the company;\npresumptive liability to income tax, in relation to a State-owned company, means a liability for income tax that would have existed under the Income Tax Assessment Act 1936, or the Income Tax Assessment Act 1997, of the Commonwealth (as amended from time to time) if—\n\t(a)\tthe company were liable to income tax under that Act; and\n\t(b)\tthe designated period were a year of income within the meaning of that Act.\n31—Validation of certain contracts etc\nA contract, lease or licence purportedly made by the Corporation which would, but for this section, be invalid because it was made without the Minister's approval is valid and is taken to have been valid since its inception.\n32—Interaction between this Act and other Acts\n\t(1)\tA transaction under this Act is not subject to the Land and Business (Sale and Conveyancing) Act 1994.\n\t(2)\tA transaction under this Act is not subject to the Retail and Commercial Leases Act 1995.\n\t(3)\tA transaction under this Act is not subject to Part 4 of the Development Act 1993.\n\t(4)\tHowever, the exemption conferred by subsection (3) does not extend to a development that is to be carried out under the terms or conditions of a sale/lease agreement.\n33—Effect of things done or allowed under this Act\nNothing done, authorised or allowed by or under this Act, a transfer order or a sale/lease agreement—\n\t(a)\tconstitutes a breach of, or a default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a breach of duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n\t(f)\treleases a surety or other obligee wholly or in part from an obligation.\n34—Stamp duty\n\t(1)\tNo stamp duty is payable in respect of—\n\t(a)\ta transfer order or a sale/lease agreement; or\n\t(b)\ta transaction effected by a transfer order or a sale/lease agreement.\n\t(2)\tNo obligation arises under the Stamp Duties Act 1923 to lodge a statement or return, or to include information in a statement or return, relating to a transaction effected by a transfer order or a sale/lease agreement.\n35—Land tax\nSubjacent land leased under a sale/lease agreement or a related agreement is not liable to land tax.\n36—Registration of transfer of land\n\t(1)\tThe Registrar-General must, on the application of a person to whom, or in whom, an interest in land is transferred or vested under this Act, register the transfer or vesting of the interest.\n\t(2)\tAn application under this section—\n\t(a)\tmust be accompanied by any documents or other materials required by the Registrar-General; and\n\t(b)\tmust be accompanied by a fee determined by the Registrar-General.\n37—Non-application of Parliamentary Committees Act 1991\nIf land is leased to a purchaser under a sale/lease agreement under this Act, no work carried out by the purchaser in relation to that land is to be considered a public work for the purposes of the Parliamentary Committees Act 1991 unless—\n\t(a)\tthe total amount to be applied for the construction of the work will, when all stages of construction are complete, exceed $4 million; and\n\t(b)\tthe whole or part of the cost is to be met from money provided or to be provided by Parliament or a State instrumentality.\n38—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tThe regulations may impose fines, not exceeding $2 500, for offences against the regulations.\nSchedule 1—Division of land\n\n\n\n\n\n\n\n\n\n\nSchedule 2—Amendments to Development Plan\nCeduna (DC)—13 April 2000\n(1)—Council-Wide provisions\n\t(i)\tIn Objective 30 after the words \"tourist accommodation\" delete the words \"and marinas\" and insert the words \", marinas and ports\".\n\t(ii)\tIn Principle of Development Control 40 after the words \"urban zone\" insert the words \"or to development associated with the operation of ports\".\n\t(iii)\tIn Principle of Development Control 42 after the words \"reasons preclude\" insert the words \"or where operational requirements at ports renders this inappropriate\".\n\t(iv)\tIn Principle of Development Control 58 after the words \"national importance\" insert the words \"; ports and port related functions\".\n(2)—Residential Zone\n\t(i)\tFollowing Principle of Development Control 5, insert the following material as a new principle of development control:\n6 Residential development adjacent to the port activities at Thevenard should be designed and located taking into account the operation of the port.\n\t(ii)\tRe-number the following principles accordingly.\nLand Not Within a Council Area (Coastal Waters)—13 April 2000\n(1)—Council-Wide provisions\n\t(i)\tIn Objective 33 after the words \"tourist accommodation\" delete the words \"and marinas\" and insert the words \", marinas and ports\".\n\t(ii)\tIn Principle of Development Control 20 after the words \"urban zone\" insert the words \"or to development associated with the operation of ports\".\n\t(iii)\tIn Principle of Development Control 22 after the words \"reasons preclude\" insert the words \"or where operational requirements at ports renders this inappropriate\".\n\t(iv)\tIn Principle of Development Control 39 after the words \"Mineral Deposits of State or National importance\" insert on a new line the words \"Ports and Port Related functions\".\n\t(v)\tFollowing Principle of Development Control 48, insert a new heading Public Notification.\n\t(vi)\tFollowing the new heading, insert the following material as a new principle of development control:\n49 All kinds of development, except those designated as non-complying, associated with port activities at the ports of:\n\t•\tWallaroo\n\t•\tThevenard\n\t•\tPort Pirie\n\t•\tPort Lincoln\n\t•\tPort Giles\n\t•\tKlein Point\nare assigned to Category 2 notification.\nLand Not Within a Council Area (Metropolitan)—6 April 2000\n(1)—Council-Wide provisions\n\t(i)\tFollowing Objective 14, insert the following material:\nObjective 15: Development associated with port activities protected from inappropriate development.\n\t(ii)\tRe-number the following Objectives accordingly.\n\t(iii)\tIn Principle of Development Control 67 after the words \"the foreshore\" insert the words \"except where operational requirements at ports renders this inappropriate\".\n\t(iv)\tIn Principle of Development Control 68 after the words \"urban zone\" insert the words \"or to development associated with the operation of ports\".\n(2)—Coastal Zone\n\t(i)\tIn Principle of Development Control 7, the list of non-complying kinds of development, after the words \"general industry\" and \"light industry\", insert the following material:\n*(except where related to port functions)\n\t(ii)\tFollowing Principle of Development Control 7, insert a new heading Public Notification.\n\t(iii)\tFollowing the new heading Public Notification insert the following material as a new principle of development control:\n8 All kinds of development, except those designated as non-complying, associated with port activities at the Port of Adelaide (including Outer Harbor, Pelican Point, Osborne, Inner Harbor West and Inner Harbor East) are assigned to Category 2 notification.\nPort Adelaide Enfield (City)—11 May 2000\n(1)—Council-Wide provisions\n\t(i)\tFollowing Objective 109, insert the following material as a new objective:\nObjective 110: Development associated with port activities protected from inappropriate development\n\t(ii)\tRe-number the following objectives accordingly.\n\t(iii)\tIn Principle of Development Control 266 after the words \"the foreshore\" insert the words \"except where operational requirements at ports renders this inappropriate\".\n\t(iv)\tIn Principle of Development Control 267 after the words \"urban zone\" insert the words \"or to development associated with the operation of ports\".\n(2)—Industry (Deferred Port) Zone\n\t(i)\tDelete the Industry (Deferred Port) Zone.\n(3)—Industry (Port) Zone\n\t(i)\tDelete the Industry (Port) Zone, and insert the material contained in Attachment A as replacement.\n(4)—MOSS (Conservation) Zone\n\t(i)\tIn the Introduction text after the words \"Maps PtAdE/\" insert \"4, 6\" immediately before \"9\".\n\t(ii)\tIn the Desired Future Character Statement text after the words \"Development within this\" insert the words \"portion of the\".\n\t(iii)\tIn the Desired Future Character Statement text after the words \"education and recreation\" insert the following material as a new paragraph:\nMutton Cove is located on the western side of the Port River, approaching Pelican Point and is the only remnant of the tidal creek system remaining on the Le Fevre Peninsula. Although substantially degraded, it is a haven for a wide diversity of both Australian and migratory Wading birds and continues to support a substantial floral and fauna bio-diversity. Development within this portion of the Zone should assist in the rehabilitation of Mutton Cove and accommodate an open space linkage to the Moss (Buffer) Zone to the west.\n\t(iv)\tIn Principle of Development Control 12 (e) after the words \"structures at\" insert the words \"Mutton Cove,\".\n\t(v)\tIn Principle of Development Control 13 (g) after the words \"structures at\" insert the words \"Mutton Cove,\".\n(5)—In the MOSS (Buffer) Zone\n\t(i)\tIn the Introduction text delete the words \"Maps PtAdE/3 and 5\" and insert \"Maps PtAdelE/3, 4, 5 and 6\".\n\t(ii)\tIn the Desired Future Character Statement section delete the whole of the text and insert the following material as replacement:\nThe Moss (Buffer) Zone should provide a buffer between the residential areas of North Haven and the port facilities and industries on the northern portion of the Le Fevre Peninsula. The purpose of the buffer is to maintain the amenity of nearby residential areas whilst facilitating the ongoing operations of the port and related industries. Land located to the south and west of Victoria Road should accommodate a golf course. Land located to the north and east of Victoria Road should be developed as a densely planted but functional open space to screen the port activities and industrial land.\n\t(iii)\tIn Objective 2 after the words \"primary activity\" insert the words \"south of Victoria Road\".\n\t(iv)\tFollowing Principle of Development Control 4 insert the following material as a new principle of development control:\n5 An open space linkage of a minimum width of 100 metres should be provided to the Moss (Conservation) Zone at Mutton Cove.\n\t(iv)\tRenumber the following principles accordingly.\n(6)\tDelete Maps PAdE/1 (Overlay) Part A, PAdE/1 (Overlay 4), PAdE/3, 4, 6, 8, 9, 12, 13 and 57, and insert the material contained within Attachment B.\nPort Lincoln (City)—16 September 1999\n(1)—Council-Wide provisions\n\t(i)\tIn Objective 26 after the words \"tourist accommodation\" delete the words \"and marinas\" and insert the words \", marinas and ports\".\n\t(ii)\tIn Principle of Development Control 69 after the words \"urban zone\" insert the words \"or to development associated with the operation of ports\".\n\t(iii)\tIn Principle of Development Control 71 after the words \"reasons preclude\" insert the words \"or where operational requirements at ports renders this inappropriate\".\n\t(iv)\tIn Principle of Development Control 88 after the words \"Mineral Deposits of State or National importance\" insert on a new line the words \"Ports and Port Related functions\".\n(2)—Lincoln Harbor (Area 6)\n\t(i)\tIn the heading Principle of Development Control delete the word \"Principle\" and insert the word \"Principles\" as replacement.\n\t(ii)\tFollowing Principle of Development Control 1, insert a new heading Public Notification.\n\t(iii)\tFollowing the new heading insert the following material as a new principle of development control:\n2 All kinds of development associated with port activities, on an allotment with water frontage, are assigned to Category 2 notification in the Lincoln Harbor (Area 6).\nPort Pirie (City)—16 March 2000\n(1)—Council-Wide provisions\n\t(i)\tIn Objective 43 after the words \"tourist accommodation\" delete the words \"and marinas\" and insert the words \", marinas and ports\".\n\t(ii)\tIn Principle of Development Control 130 after the words \"urban zone\" insert the words \"or to development associated with the operation of ports\".\n\t(iii)\tIn Principle of Development Control 132 after the words \"reasons preclude\" insert the words \"or where operational requirements at ports renders this inappropriate\".\n\t(iv)\tIn Principle of Development Control 149 after the words \"Mineral Deposits of State or National importance\" insert on a new line the words \"Ports and Port Related functions\".\n(2)—Commercial 3 Zone\n\t(i)\tIn Objective 1 after the words \"commercial activities,\" insert the words \"port activities,\".\n\t(ii)\tIn Principle of Development Control 1 after the words \"Parking Area\" insert the words \"Port Activities\".\n\t(iii)\tFollowing Principle of Development Control 2, insert the following material as a new principle of development control:\n3 The water frontage of the Zone should accommodate port activities including bulk cargo handling facilities, trans-shipment yards and associated servicing activities.\n\t(iv)\tRe-number the following principles accordingly.\n\t(v)\tFollowing Principle of Development Control 9, insert a new heading Public Notification.\n\t(vi)\tUnder the new heading, insert the following material as a new principle of development control:\n10 All kinds of development associated with port activities, east of Ellen Street, are assigned to Category 2 notification in the Commercial 3 Zone.\nWallaroo (CT)—23 March 2000\n(1)—Council-Wide provisions\n\t(i)\tFollowing the explanatory material for Objective 6 insert the following material:\nPort Development\nObjective 7: Port operations not jeopardised by inappropriate development or activities.\n\t(ii)\tRe-number the following Objectives accordingly.\n\t(iii)\tIn Objective 24 after the words \"tourist accommodation\" delete the words \"and marinas\" and insert the words \", marinas and ports\".\n\t(iv)\tFollowing Principle of Development Control 15 insert the following material as a new principle of development control:\nPort Development\n16 Development in proximity to port facilities should not adversely impact upon the ongoing operations of the port.\n\t(v)\tRe-number the following principles accordingly and adjust cross references where required.\n\t(vi)\tIn Principle of Development Control 70 after the words \"urban zone\" insert the words \"or to development associated with the operation of ports\".\n\t(vii)\tIn Principle of Development Control 72 after the words \"reasons preclude\" insert the words \"or where operational requirements at ports renders this inappropriate\".\n\t(viii)\tIn Principle of Development Control 89 after the words \"Mineral Deposits of State or National importance\" insert on a new line the words \", Ports and Port Related functions\".\nYorketown (DC)—23 March 2000\n(1)—Council-Wide provisions\n\t(i)\tIn Objective 30 after the words \"tourist accommodation\" delete the words \"and marinas\" and insert the words \", marinas and ports\".\n\t(ii)\tIn Principle of Development Control 87 after the words \"urban zone\" insert the words \"or to development associated with the operation of ports\".\n\t(iii)\tIn Principle of Development Control 89 after the words \"reasons preclude\" insert the words \"or where operational requirements at ports renders this inappropriate\".\n\t(iv)\tIn Principle of Development Control 106 after the words \"Mineral Deposits of State or National importance\" insert on a new line the words \", Ports and Port Related functions\".\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nSchedule 3—Superannuation benefits for transferred employees\n1—Interpretation\nIn this Schedule, unless the contrary intention appears—\nBoard means the South Australian Superannuation Board;\ncontribution account means an account to which a contributor's contributions are credited (together with interest and accretions);\ncontributor means a contributor to a superannuation scheme;\nemployer account means an account to which an employer's contributions are credited (together with interest and accretions);\nnew scheme contributor has the meaning given by the Superannuation Act 1988;\nold scheme contributor has the meaning given by the Superannuation Act 1988;\npresumptive retirement age means—\n\t(a)\tfor a transferred employee who is under 60 years of age on the relevant day—the age of 60 years;\n\t(b)\tfor a transferred employee who is 60 years of age or above on the relevant day, the lesser of the following:\n\t(i)\tthe employee's age on the date when the employee's contributions would have ceased under section 23(7)(a) of the Superannuation Act 1988 assuming that the employee had continued as an old scheme contributor under that Act;\n\t(ii)\tthe age of 65 years;\nPSESS scheme means the Public Sector Employees Superannuation Scheme established pursuant to a deed of arrangement dated 27 September 1989 between the Treasurer and the secretary of the United Trades and Labor Council;\nregulated superannuation scheme means a superannuation scheme regulated under the Superannuation Industry (Supervision) Act 1993 (Cwth);\nrelevant day means the day on which a transferred employee is transferred to private employment under this Act;\nrollover account means an account to which is credited an amount rolled over from another superannuation scheme into an account kept under the Triple S scheme (together with interest and accretions);\nSIS requirements means requirements of the Superannuation Industry (Supervision) Act 1993 (Cwth) or other legislation of the Commonwealth related to superannuation;\nstandard contribution rate has the same meaning as in section 4 of the Superannuation Act 1988;\ntransferred employee means an employee who is transferred to private employment under this Act;\nTriple S scheme means the superannuation scheme established under the Southern State Superannuation Act 1994.\n2—Triple S Scheme\n\t(1)\tThis clause applies to a transferred employee who was on the relevant day a contributor to the Triple S scheme.\n\t(2)\tA transferred employee who has not reached the age of 55 years is entitled to the following:\n\t(a)\tthe balance of the employee's contribution account (which may be taken immediately, preserved in the Triple S scheme, or rolled over into a regulated superannuation scheme);\n\t(b)\tthe balance of the employer account (which may be preserved in the Triple S scheme or rolled over to a regulated superannuation scheme as a preserved amount);\n\t(c)\tthe balance of any rollover account (which (subject to SIS requirements) may be taken immediately, preserved in the Triple S scheme, or rolled over into a regulated superannuation scheme).\n\t(3)\tA transferred employee who has reached the age of 55 years is entitled to the following:\n\t(a)\tthe balance of the employee's contribution account (which may be taken immediately or rolled over into a regulated superannuation scheme);\n\t(b)\tthe balance of the employer account (which may be taken immediately or rolled over into a regulated superannuation scheme);\n\t(c)\tthe balance of any rollover account (which (subject to SIS requirements) may be taken immediately, preserved in the Triple S scheme, or rolled over into a regulated superannuation scheme).\n3—New scheme contributors\n\t(1)\tThis clause applies to a transferred employee who was, on the relevant day, a new scheme contributor.\n\t(2)\tA transferred employee who has not reached the age of 55 years may elect to do one of the following:\n\t(a)\tto preserve his or her accrued superannuation benefits under section 28(1)(b) of the Superannuation Act 1988;\n\t(b)\tto take immediately or roll over into a regulated superannuation scheme the aggregate of the following amounts:\n\t(i)\tthe balance of the employee's contribution account; and\n\t(ii)\tthe lesser of—\n\t•\ttwice the balance of the employee's contribution account; or\n\t•\ttwice the amount that would have been the balance of the contribution account if the employee had contributed to the scheme at the employee's standard contribution rate throughout the period of the employee's membership of the scheme;\n\t(iii)\tan amount determined in accordance with section 28(5)(b)(ii)(B) of the Superannuation Act 1988,\nand if the employee was a member of the PSESS scheme, the amount standing to the employee's account under section 32A(6) of the Superannuation Act 1988 is to be added to the amount preserved, rolled over or taken in cash under paragraph (a), (b) or (c).\n\t(3)\tA transferred employee who has reached the age of 55 years may elect to do one of the following:\n\t(a)\tto preserve his or her accrued superannuation benefits under section 28(1)(b) of the Superannuation Act 1988;\n\t(b)\tto take immediately or roll over into a regulated superannuation scheme an amount determined under section 27 of the Superannuation Act 1988 as if the employee had retired from employment on the relevant day,\nand if the employee was a member of the PSESS scheme, the amount standing to the employee's account under section 32A(6) of the Superannuation Act 1988 is to be added to the amount preserved, taken or rolled over under paragraph (a) or (b).\n\t(4)\tA transferred employee who elects to preserve his or her accrued benefits under this clause is not entitled to payment of the preserved benefits under the Superannuation Act 1988 until the employee's employment with the purchaser has terminated.\n\t(5)\tAn election under this clause is made by notice in writing given personally or by post to the Board.\n\t(6)\tIf a transferred employee fails to make an election under this clause within one month after the relevant day, the employee is taken to have elected to preserve his or her accrued superannuation benefits under section 28(1)(b) of the Superannuation Act 1988.\n4—Old scheme contributors\n\t(1)\tThis clause applies to a transferred employee who was, on the relevant day, an old scheme contributor.\n\t(2)\tA transferred employee who has not reached the age of 55 years may elect to do one of the following:\n\t(a)\tto preserve his or her accrued superannuation benefits under section 39(1)(b) of the Superannuation Act 1988;\n\t(b)\tto take immediately or roll over into a regulated superannuation scheme the aggregate of the following amounts:\n\t(i)\tthe balance of the employee's contribution account; and\n\t(ii)\tthe lesser of—\n\t•\t2.5 times the balance of the employee's contribution account; or\n\t•\t2.5 times the amount that would have been the balance of the contribution account if the employee had contributed to the scheme at the employee's standard contribution rate throughout the period of the employee's membership of the scheme.\n\t(3)\tA transferred employee who has reached the age of 55 years may elect to do one of the following:\n\t(a)\tto preserve his or her accrued superannuation benefits under section 39(1)(b) of the Superannuation Act 1988;\n\t(b)\tto take immediately or roll over into a regulated superannuation scheme an amount equivalent to the commuted value of the pension to which the employee would have been entitled if he or she had retired from employment on the relevant day and had elected to commute 100% of the pension.\n\t(4)\tA transferred employee who has elected to preserve his or her accrued benefits under this clause is not entitled to a retirement pension or a benefit related to the commutation of a retirement pension under the Superannuation Act 1988 until the employee's employment with the purchaser has terminated.\n\t(5)\tAn election under this clause is made by notice in writing given personally or by post to the Board.\n\t(6)\tIf a transferred employee fails to make an election under this clause within one month after the relevant day, the employee is taken to have elected to preserve his or her accrued superannuation benefits under section 39(1)(b) of the Superannuation Act 1988.\n5—Special provision for certain old scheme contributors\n\t(1)\tThis clause applies to a transferred employee—\n\t(a)\twho was, on the relevant day an old scheme contributor; and\n\t(b)\twhose contributions had, as at that day, not ceased under section 23(7)(a) of the Superannuation Act 1988; and\n\t(c)\twho elected to preserve his or her accrued superannuation benefits under section 39(1)(b) of the Superannuation Act 1988.\n\t(2)\tThe Treasurer must obtain an actuarial report (from an actuary appointed for the purpose by the Treasurer) on each employee to whom this clause applies to determine a lump sum representing the amount (if any) by which the value of the retirement benefit referred to in paragraph (a) exceeds the aggregate value of the retirement benefits referred to in paragraph (b)—\n\t(a)\tthe value (expressed as a capital sum) of the retirement benefit the employee would have received under the Superannuation Act 1988 assuming the employee had continued as a public sector employee, had continued to contribute as an old scheme contributor at the employee's average rate of contribution, and had retired on reaching the employee's presumptive retirement age; and\n\t(b)\tthe aggregate value (expressed as a capital sum) of the retirement benefits to which the employee would be entitled assuming that the employee retired on reaching the employee's presumptive retirement age, then took retirement benefits under the Superannuation Act 1988 and also took retirement benefits under a private superannuation scheme to which the employee and the employer had contributed at the respective average contribution rates for the employee and the employer under the State scheme from the relevant day until the employee reached the employee's presumptive retirement age.\n\t(3)\tThe Treasurer must pay a lump sum (if any) determined under subclause (2) to an account in the name of the employee in a regulated superannuation scheme nominated by the employee.\n6—Provisions as to preservation apply despite the fact that the transferred employee may be over 55\nThe provisions of this Schedule as to the preservation of benefits under the Superannuation Act 1988 apply even though the transferred employee may be over the age of 55 years.\n7—Modifications to Superannuation Act 1988 to continue in operation\n\t(1)\tThis section applies to modifications, made under section 5 of the Superannuation Act 1988, to provisions of that Act in their application to employees of the Corporation.\n\t(2)\tSubject to a determination to the contrary by the Minister, the modifications—\n\t(a)\tcontinue to apply to employees of the Corporation who are transferred under this Act to positions in the Department for Administrative and Information Services while they remain in the Public Service; and\n\t(b)\tapply for the purpose of determining the superannuation entitlements (if any) under that Act of, or relating to, those employees.\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 and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2000\n93\nSouth Australian Ports (Disposal of Maritime Assets) Act 2000\n21.12.2000\n25.1.2001 (Gazette 25.1.2001 p300)\n2007\n36\nSouth Australian Ports (Disposal of Maritime Assets) (Miscellaneous) Amendment Act 2007\n4.10.2007\n18.10.2007 (Gazette 18.10.2007 p3969)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\nPt 7\n\n\ns 21\n\n\ns 21(2)\nsubstituted by 36/2007 s 4(1)\n18.10.2007\ns 21(3)\namended by 36/2007 s 4(2)\n18.10.2007\ns 21(4)\ndeleted by 36/2007 s 4(3)\n18.10.2007\ns 22\nsubstituted by 36/2007 s 5\n18.10.2007\ns 25\n\n\ns 25(3)\ninserted by 36/2007 s 6\n18.10.2007\nPt 8\n\n\ns 26\n\n\ns 26(1)\namended by 36/2007 s 7(1)\n18.10.2007\ns 26(5) and (6)\nsubstituted by 36/2007 s 7(2)\n18.10.2007\ns 26(7) and (8)\ninserted by 36/2007 s 7(2)\n18.10.2007\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act was enacted to enable disposal of South Australian maritime assets and repeal the earlier Corporation Act. Over time (and in the 2007 amendments reflected in the text) the statute accumulated more detailed regulatory and governance measures beyond simple disposal mechanics: it establishes an ongoing monitoring panel for a key terminal, creates an express statutory easement regime protecting infrastructure operators, imposes cross‑ownership divestiture and confiscation powers, prescribes detailed employee superannuation and transfer arrangements, and provides multiple statutory exemptions (tax, development approvals). Those additions shift the instrument from a narrow asset‑disposal vehicle to a broader regime that regulates post‑sale operations, ownership structure, employee outcomes and public access — expanding scope from transactional mechanics to continuing sector governance (see Parts 5–8, Schedule 3 and related amendments)."},"complexity_factors":["Nine substantive Parts plus three detailed Schedules (length and variety of subject matter)","Multiple defined terms with specialised scope (e.g. \"maritime asset\", \"State‑owned company\", \"sale/lease agreement\")","Extensive cross‑references to other Acts (Superannuation Act 1988, Development Act 1993, Public Corporations Act 1993, Public Finance and Audit Act 1987, Corporations Law, Commonwealth SIS legislation)","Numerous ministerial discretions and instruments (transfer orders, employee transfer orders, proclamations, regulation‑making) creating conditional outcomes (ss 4, 6, 8(8), 15–16, 27, 38)","Several carve‑outs and exemptions from ordinary statutory regimes (stamp duty s 34, land tax s 35, non‑application of certain Acts s 32)","Nested operational and remedial regimes (sale/lease contractual terms, statutory easement rules, recreational access enforcement, monitoring panel powers) with separate enforcement pathways (ss 8, 17–19, Part 7)","Employee‑specific, technical superannuation rules in Schedule 3 with actuarial calculations and multiple election pathways","Complex ownership controls and enforcement including divestiture and confiscation powers under cross‑ownership limits (s 26)","Requirement for independent probity reporting plus parliamentary laying obligations (s 9) increases procedural detail and conditionality"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Gives the Minister power to transfer ports and other \"maritime assets\" owned by the South Australian Ports Corporation to a State‑owned company, another government body, or directly to private purchasers, by written instrument or by sale/lease agreement (see sections 6–7). Transfers take effect by force of the Act and override any inconsistent law or instrument (ss 6(4), 7(4)).\n\n- Allows maritime assets that are physically attached to land (for example, jetties, cranes) to be declared personal property so they can be separated from land titles and transferred independently (s 4).\n\n- Sets required contents and standard terms for sale/lease agreements that operate as leases: strategic development plans, security for rent, lessee indemnities and insurance, regulatory compliance, notice periods for port closure, termination rights and a lessor option to acquire business assets on expiry (s 8).\n\n- Requires the Minister to lay transfer orders and sale/lease agreements before both Houses of Parliament and to commission an independent probity report on the sale process (s 9).\n\n- Controls how proceeds from sales/leases are used (infrastructure works, debt retirement, up to $100m for superannuation liabilities, restructuring costs) and requires unspent proceeds to be held in a Treasury account (s 12).\n\n- Provides for transfer of staff to the Department for Administrative and Information Services and then to private purchasers, including that transfers must follow a memorandum of understanding and that specified lump‑sum payments are made to employees on transfer (ss 13–14 and Schedule 3 on superannuation).\n\n- Enables the Minister to assume control of and ultimately dissolve the Corporation once asset transfers commence; remaining assets and liabilities then vest in the State (ss 15–16).\n\n- Requires purchasers to enter recreational access agreements with local councils to preserve or enhance public, free access to specified land and facilities; these agreements are enforceable by the Supreme Court by interested persons (ss 17–18).\n\n- Creates a statutory easement in favour of owners of port infrastructure (pipelines, conveyor belts, cranes and associated plant) so they can retain, access, maintain or remove that infrastructure even if land ownership becomes separated (s 19).\n\n- Establishes a Port Adelaide Container Terminal Monitoring Panel to set objective, measurable performance criteria for the Port Adelaide container terminal, require quarterly reports from the operator, and (after repeated non‑performance) notify the Minister and expose the operator to possible termination of possession and control (Parts 7, ss 20–25).\n\n- Imposes a limitation on simultaneous ownership interests in the Outer Harbor container terminal and large container terminals at Melbourne or Fremantle (a “cross‑ownership interest”); the Minister may require divestiture and can confiscate assets that are not divested if a person fails to comply (s 26, as amended).\n\n- Confers a range of statutory exemptions and facilitative measures for transactions under the Act: exemption from stamp duty and certain lodgement obligations (s 34), non‑liability to land tax for subjacent (underwater) land under lease (s 35), and specified non‑application of other South Australian laws to transactions under the Act (s 32). The Registrar‑General must register transfers effected by the Act on application (s 36).\n\n- Provides for State capital subscriptions, loans or asset transfers to State‑owned companies, and treats State‑owned companies formed for these purposes as instrumentalities of the Crown until divested (ss 27–28, 30).\n\n**Who is affected**\n\n- The South Australian Ports Corporation (the seller/originator of assets), the State (which receives proceeds and may assume liabilities), private purchasers and lessees who buy or lease maritime assets, and State‑owned companies created to hold assets pre‑privatisation (ss 6–7, 27–28).\n\n- Employees of the Corporation who may be transferred to the Department or to private employers; their superannuation treatment and lump‑sum entitlements are governed by Schedule 3 and the memorandum of understanding (ss 13–14; Schedule 3).\n\n- Local councils and members of the public with interests in recreational access are parties to, and beneficiaries of, recreational access agreements (ss 17–18).\n\n- Owners of port infrastructure (pipelines, cranes, conveyor belts) who receive statutory easement rights that survive changes in land ownership (s 19).\n\n- Operators of the Port Adelaide container terminal subject to monitoring, reporting and possible termination on repeated non‑performance (Parts 7, ss 23–25).\n\n- Persons with cross‑ownership interests in major container terminals who may be required to divest (s 26).\n\n**Why it matters (stated purpose and tested mechanisms)**\n\nStated purpose: the Act enables restructuring and disposal (including privatisation) of South Australian maritime assets and provides the legal mechanics to transfer property, staff and liabilities while protecting certain public interests (for example public access and operational continuity). The Act also sets governance and post‑sale oversight mechanisms (probity reports, monitoring panel) and financial rules for use of sale proceeds (s 12, s 9, Parts 7 and Schedule 3).\n\nTesting that purpose against costs and incentives:\n\n- Who pays: Purchasers/lessees pay purchase prices/rent and take on commercial liabilities created by sale/lease agreements; the State bears residual liabilities only if expressly preserved or returned to the Corporation (ss 7(3), 11). The Treasurer may provide capital to State‑owned companies pre‑sale (s 27) and proceeds are earmarked to State uses (s 12).\n\n- Who decides: The Minister has broad discretion to classify assets, make transfer orders and sale/lease agreements, appoint monitoring panel members, require recreational access agreements, and require divestiture for cross‑ownership concerns (ss 4, 6–9, 17, 20–21, 26). Many important operational decisions therefore rest with the Minister rather than Parliament, although transfer orders and sale/lease agreements must be laid before Parliament and a probity report produced (s 9).\n\n- Incentives and trade‑offs: The sale/lease template shifts standard commercial risks to private operators (lessees must insure, indemnify, provide security for rent and comply with regulations—s 8). That reduces State operational exposure but concentrates benefits (asset value capture) in purchasers while leaving the State to allocate proceeds. The Act also includes transaction‑specific legal immunities and overrides existing law (e.g. sales override other laws, and selected statutory exemptions like stamp duty and development approvals—ss 7(4), 34, 32), which lowers transaction costs for purchasers but reduces layers of public regulatory safeguards.\n\n- Competition and market structure: The cross‑ownership provisions (s 26) restrict certain vertical/parallel holdings across major container terminals; this both prevents particular forms of concentration and creates transaction risk for parties with existing or planned interests in multiple ports. The monitoring panel (Part 7) imposes measurable performance checks on a single terminal operator, potentially enforcing service standards without using general competition law.\n\n- Implementation and compliance burdens: Sale/lease agreements impose ongoing reporting and operational obligations (s 8, Part 7). The Minister’s wide discretionary powers and exemptions (e.g. proclamation powers to exempt lessors from liabilities—s 8(8)) increase administrative discretion and create implementation risk if the exercise of those powers is contested. Employees transferring to private employers have prescribed superannuation options and may face contractual variation after transfer (ss 13–14; Schedule 3).\n\n- Fiscal and opportunity costs: The Act channels sale proceeds to specified public purposes (infrastructure, debt reduction, a capped superannuation provision—s 12). Using proceeds this way forecloses alternative fiscal uses and concentrates decision rights over spending at Treasury and the Minister.\n\n**Practical effects and behavioural changes**\n\n- Private buyers/lessees will structure bids and operations to satisfy the sale/lease terms (security for rent, strategic development plans, insurance and indemnities) and to manage the risk of contractually imposed civil penalties (s 8(2), (6)–(7)).\n\n- Landowners with port infrastructure can continue to operate infrastructure post‑sale due to statutory easements, reducing the need for separate easement negotiations (s 19). Landowners may see restricted remedies for unanticipated uses because some sale/lease terms prevail over contrary law (s 8(5)).\n\n- Employees face a one‑time choice under Schedule 3 about preserving or taking superannuation benefits; the State may fund shortfalls for certain employees by paying actuarially determined lump sums (Schedule 3 cl 5).\n\n**Key legal protections, limits and exemptions**\n\n- Transactions under the Act override or bypass several ordinary statutory processes: exemptions from stamp duty (s 34), from certain State sale and leasing Acts (s 32), and from being treated as public works under the Parliamentary Committees Act unless construction costs exceed $4m and public money is used (s 37).\n\n- Parliament receives transparency (copies of transfer orders and probity reports) but the Act places substantial operational discretion with the Minister (s 9).\n\n**Sections cited in the summary:** sections 4, 6–9, 11–12, 13–16, 17–19, Part 7 (ss 20–25), 26, 27–36, Schedule 3.\n\n(End of summary.)"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a privatisation statute. While it covers diverse areas (assets, staff, planning, superannuation, competition), these all relate directly to the core purpose of disposing of maritime assets and managing the transition. The superannuation schedule, monitoring panel, and recreational access provisions are ancillary to the main privatisation function rather than scope creep."},"complexity_factors":["Multiple defined terms in section 3 including nested definitions (e.g., 'maritime asset' has 4 sub-clauses, 'State-owned company' has 2 sub-clauses with a subsidiary definition)","Extensive cross-referencing between Parts (e.g., transfer orders in Part 2 interact with employee transfers in Part 3, dissolution in Part 4, and superannuation in Schedule 3)","Conditional logic with multiple exceptions (e.g., section 8(2) lists 8 mandatory lease terms, but section 8(3) says non-compliance doesn't invalidate the agreement)","Complex superannuation provisions in Schedule 3 with multiple schemes (Triple S, new scheme, old scheme, PSESS), age-based conditions (under 55 vs over 55), and actuarial calculations","Anti-avoidance provisions in Part 8 with extended associate definitions (section 26(4) has 7 categories of associations including chains of associations)","Statutory easement provisions in Part 6 with conditional creation, registration exceptions, and discharge mechanisms","Schedule 2 contains detailed Development Plan amendments across 7 different council areas with specific zone modifications","Multiple override clauses that disapply other Acts (sections 32, 33, 34, 35, 37)"],"plain_english_summary":"This Act privatises South Australia's ports by selling off the assets of the South Australian Ports Corporation (a government-owned entity). It allows the government to transfer ports, land, equipment and liabilities to a state-owned company, which can then be sold to private buyers. The Act also dissolves the Ports Corporation, transfers employees to new employers with protected superannuation benefits, ensures public recreational access to port areas continues, creates a monitoring panel to oversee the Port Adelaide container terminal's performance, and prevents any single company from controlling both the Port Adelaide container terminal and major container terminals in Melbourne or Fremantle (to avoid monopolies). It includes various technical provisions about land division, tax exemptions, and overriding other laws that might otherwise block the sale."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the full text of the Act was not available for review. No comparison between original intent and final form is possible from the information provided."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title, preventing any meaningful assessment of actual legal complexity","Cannot assess number of Parts, sections, schedules, or cross-references","Cannot evaluate definitional complexity, regulatory mechanisms, or enforcement provisions"],"plain_english_summary":"This Act, passed in South Australia in 2000, governs the disposal (sale or transfer) of government-owned maritime assets such as ports and related infrastructure. It matters to port workers and unions, shipping and logistics users, prospective buyers/operators, and taxpayers because it changes ownership, management and commercial control of public maritime facilities. Reliable legal detail requires the Act’s full text, which was not available here."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-ports-disposal-of-maritime-assets-act-2000","history":"/api/acts/south-australian-ports-disposal-of-maritime-assets-act-2000/history","analysis":"/api/acts/south-australian-ports-disposal-of-maritime-assets-act-2000/analysis","conflicts":"/api/acts/south-australian-ports-disposal-of-maritime-assets-act-2000/conflicts","importantCases":"/api/acts/south-australian-ports-disposal-of-maritime-assets-act-2000/important-cases","documents":"/api/acts/south-australian-ports-disposal-of-maritime-assets-act-2000/documents"}}