(a) to authorise and facilitate transactions under which land in the port of Melbourne is leased, and assets of the Port of Melbourne Corporation are disposed of, to a private sector entity; and
(b) to establish the Victorian Transport Fund into which the proceeds of transactions referred to in paragraph (a) are to be paid; and
(c) to guarantee the employment entitlements of employees of the Port of Melbourne Corporation who become employees of a private sector entity in connection with the transactions referred to in paragraph (a); and
(d) to amend the Transport Integration Act 2010 and the Port Management Act 1995 to revise the Port of Melbourne Corporation's functions and powers to reflect the port of Melbourne's operation by the private sector entity and the Port of Melbourne Corporation's continuing role in relation to the port; and
(e) to amend the Port Management Act 1995 and the Essential Services Commission Act 2001 to establish a new licensing and economic regulatory framework to apply to the private sector entity that will be providing services at the port of Melbourne through its operation of the port; and
(f) to amend the Marine Safety Act 2010 to ensure that the private sector entity operating the port of Melbourne, when carrying out activities at the port, is subject to marine safety duties; and
(g) to make consequential amendments to other Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 30 June 2017, it comes into operation on that day.
3 Definitions
In this Act—
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent) in real or personal property of any description;
associated assets means any assets, rights and liabilities designated under section 7 as associated assets;
authorised transaction means a transfer of port assets authorised by Part 2;
Crown land includes a stratum of Crown land;
exercise, in relation to a function, includes perform a duty;
Part Part 1 - Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016 - Preliminary | Zoe
function includes power, authority or duty;
lease includes—
(a) concurrent lease; and
(b) sublease, sublease of a sublease or any further sublease; and
(c) concurrent sublease, concurrent sublease of a concurrent sublease or any further concurrent sublease of a concurrent sublease;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
licence includes sublicence, sublicence of a sublicence or any further sublicence;
port assets has the meaning given by section 4;
S. 3 def. of Port Corporation amended by Nos 10/2016 s. 178, 19/2022 s. 87(a).
Port Corporation means Ports Victoria within the meaning of the Transport Integration Act 2010;
port of Melbourne has the same meaning as in the Port Management Act 1995;
port of Melbourne seabed means the Crown land comprising the area of waters that are port of Melbourne waters and, to avoid doubt, includes any stratum of that land;
port of Melbourne waters has the same meaning as in the Port Management Act 1995;
private sector entity means any person other than a public sector entity;
S. 3 def. of public sector entity amended by No. 19/2022 s. 87(b)(c).
public sector entity means any of the following—
(a) the State;
(b) the Minister;
(c) the Port Corporation;
(d) the Port of Hastings Corporation within the meaning of the Transport Integration Act 2010;
(f) a public entity within the meaning of the Public Administration Act 2004;
(g) any other person acting on behalf of the State;
(h) a corporation established under section 22;
(i) a company established in accordance with section 23, but only while all the shares in the company are held by or on behalf of an entity referred to in paragraphs (a) to (h);
(j) a wholly-owned subsidiary of an entity referred to in paragraphs (c) to (i);
S. 3 def. of relevant land Ministers amended by No. 26/2018 s. 91(1).
relevant land Ministers means—
(a) in sections 51 and 52, the Minister administering the Crown Land (Reserves) Act 1978, the Minister administering the Marine and Coastal Act 2018 and the Minister administering Part IX of the Land Act 1958; and
(b) in section 55, the Minister administering the Marine and Coastal Act 2018 and the Minister administering Part IX of the Land Act 1958;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
transaction arrangement means a transaction, agreement or other arrangement entered into by or on behalf of a public sector entity for the purposes of an authorised transaction;
transaction entity means—
(a) a corporation established under section 22; or
(b) a company established in accordance with section 23; or
(c) a company designated under section 24;
transaction proceeds means the proceeds of the transfer of port assets to a private sector entity under an authorised transaction;
transfer, in relation to port assets, has the meaning given by section 5;
transfer date means the date of coming into effect of a transfer order;
transfer order means an order made under Division 1 of Part 4;
transferee means the person or body in whom any assets, rights and liabilities are vested by a transfer order;
transferor means the person or body from whom any assets, rights or liabilities are divested by a transfer order;
vehicle has the same meaning as in the Road Safety Act 1986;
Victorian Transport Fund means the Fund established under section 13.