153S Future terms and conditions of transferred employees
(1) Nothing in section 153R prevents—
(a) any of the terms and conditions of employment of a transferred GV employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or
(b) a transferred GV employee from transferring to the employment of another person (whether a generation company, a distribution company, SEC, an electricity corporation, VPX or an SEC company) at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other person; or
(c) a transferred GV employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.
(2) The service of a transferred GV employee as an employee of another person to which he or she transfers as mentioned in subsection (1)(b) is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of GV and with his or her service on or after that date as an employee of the other person mentioned in subsection (1)(b).
(3) A transferred GV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of a generation company or other person, being a payment or benefit in respect of a period of service as an officer or employee of GV, if he or she has received a payment or other benefit in respect of that period by reason of having ceased to be an employee of another generation company or other person.
S. 153T inserted by No. 110/1994 s. 25, repealed by No. 4/1996 s. 134(2).
Pt 11AB (Headings and ss 153TA–153TP) inserted by No. 14/1997 s. 16.
Part 11AB—Transfer of certain property and staff of Loy Yang Power Ltd
Division 1—Definitions and application
S. 153TA inserted by No. 14/1997 s. 16.
153TA Definitions and application
chief executive officer means chief executive officer of LYP;
former LYP property means property, rights or liabilities of LYP that, under this Part, have vested in, or become liabilities of another person;
LYP means Loy Yang Power Limited;
LYP instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—
(a) to which LYP was a party; or
(b) that was given to or in favour of LYP; or
(c) that refers to LYP; or
(i) money is, or may become, payable to or by LYP; or
(ii) other property is to be, or may become liable to be, transferred to or by LYP;
LYP transferee, in relation to former LYP property, means the person to which the property has been transferred under this Part;
new employer, in relation to a transferred LYP employee, means the person by which, by virtue of section 153TN, the transferred LYP employee is regarded as being employed with effect from the relevant date;
(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;
(b) in relation to a document referred to in section 153TM(1), means a date fixed by the Minister under subsection (2) for the purposes of that document;
transferred LYP employee means a person who, by virtue of section 153TN, is regarded as being employed by a new employer with effect from the relevant date.
(a) fix the relevant date for the purposes of an allocation statement under section 153TB;
(b) fix the relevant date for the purposes of a document referred to in section 153TM(1).
(3) This Part does not apply unless LYP is a company all the shares in which are held by, or on behalf of, the State or a statutory authority.
S. 153TB inserted by No. 14/1997 s. 16.
153TB LYP to prepare allocation statement
(1) LYP must give to the Treasurer and the Minister, within the period of 3 months after the date on which the Electricity Industry (Loy Yang B) Act 1997 receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of LYP as at a date specified by the Minister for the purposes of the relevant statement.
(a) must allocate the property, rights and liabilities of LYP shown in the statement to, or between, the person or persons nominated in writing by the Minister;
(b) must be signed by the chief executive officer.
(4) The Treasurer and the Minister may at any time direct LYP to amend a statement given to them under this section as specified in the direction.
(6) A direction under subsection (4) or an amendment under subsection (5) that would affect a person or persons nominated by the Minister under subsection (1) must not be given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority or have consented in writing to the direction or amendment.
(7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.
S. 153TC inserted by No. 14/1997 s. 16.
153TC Certificate of Administrator
(1) A certificate signed by the Administrator certifying that property, rights or liabilities of LYP specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—
(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.
(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.
(b) must make the register reasonably available for inspection by an interested person.
S. 153TD inserted by No. 14/1997 s. 16.
153TD Property transferred
(a) all property and rights of LYP, wherever located, that are allocated under an allocation statement to a person, or any 2 or more persons, vest in that person or persons; and
(b) all liabilities of LYP, wherever located, that are allocated under an allocation statement to a person, or to any 2 or more persons, become liabilities of that person or persons.
S. 153TE inserted by No. 14/1997 s. 16.
153TE Allocation of property etc. subject to encumbrances
a person or 2 or more persons—
(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
(d) the rights to which LYP was entitled in respect of those liabilities immediately before they ceased to be liabilities of LYP vest in the person or persons.
S. 153TF inserted by No. 14/1997 s. 16.
153TF Substitution of party to agreement
If, under an allocation statement, the rights and liabilities of LYP under an agreement are allocated to a person—
(a) the person becomes, on the relevant date, a party to the agreement in place of LYP; and
S. 153TG inserted by No. 14/1997 s. 16.
153TG LYP instruments
Each LYP instrument relating to former LYP property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to LYP were a reference to the LYP transferee.
S. 153TH inserted by No. 14/1997 s. 16.
153TH Proceedings
If, immediately before the relevant date, proceedings relating to former LYP property (including arbitration proceedings) to which LYP was a party were pending or existing in any court or tribunal, then, on and after that date, the LYP transferee is substituted for LYP as a party to the proceedings and has the same rights in the proceedings as LYP had.
S. 153TI inserted by No. 14/1997 s. 16.
153TI Interests in land
Without prejudice to the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, LYP is, in relation to former LYP property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—
(a) the LYP transferee is to be taken to be the registered proprietor of that interest in land; and
(b) the LYP transferee has the same rights and remedies in respect of that interest as LYP has.
S. 153TJ inserted by No. 14/1997 s. 16.
153TJ Amendment of Register
(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.
S. 153TJ(1A) inserted by No. 10/1998
s. 7(5).
(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.
S. 153TJ(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.6).
S. 153TK inserted by No. 14/1997 s. 16.
153TK Evidence
(1) Documentary or other evidence that would have been admissible for or against the interests of LYP in relation to former LYP property if this Part had not been enacted, is admissible for or against the interests of the LYP transferee.
S. 153TK(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.6).
(2) The Evidence Act 2008 applies with respect to the books of account of LYP and to entries made in those books of account before the relevant date, whether or not they relate to former LYP property, as if those books of account and entries were business records.
S. 153TK(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).
S. 153TL inserted by No. 14/1997 s. 16.
153TL Validity of things done under this Part
(1) Nothing effected by this Part or done or suffered under this Part or the cessation of carrying on business by LYP—
(a) is to be regarded as placing LYP, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
(2) The validity of any act or transaction of LYP must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.
Division 4—Staff
S. 153TM inserted by No. 14/1997 s. 16.
153TM List of LYP staff
(1) Before the relevant date, LYP must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of LYP and specifying, in respect of each such officer or employee, the person by which he or she is to be regarded as having been employed by virtue of section 153TN with effect from the relevant date.
(2) The document may be amended by instrument signed by the chief executive officer and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date.
(3) Nothing in this section prevents a person listed in the document as an officer or employee of LYP from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.
S. 153TN inserted by No. 14/1997 s. 16.
153TN Transfer of LYP staff
(1) A person listed as an officer or employee of LYP in a document under section 153TM who was such an officer or employee immediately before the relevant date is to be regarded as—
(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of LYP; and
(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of LYP, immediately before the relevant date.
(2) The service of a transferred LYP employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of LYP.
(3) A transferred LYP employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of LYP because of this Act.
(4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.
S. 153TO inserted by No. 14/1997 s. 16.
153TO Future terms and conditions of transferred employees
Nothing in section 153TN prevents—
(a) any of the terms and conditions of employment of a transferred LYP employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or
(b) a transferred LYP employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.
S. 153TP inserted by No. 14/1997 s. 16, repealed by No. 11/2024 s. 64.
Pt 11AC (Headings and ss 153TQ–153TZG) inserted by No. 35/1997 s. 25.
Part 11AC—Transfer of certain property and staff of nominated transferor companies
Division 1—Definitions and applications
S. 153TQ inserted by No. 35/1997 s. 25.
153TQ Definitions
former TCO property means property, rights or liabilities of a TCO that, under this Part, have vested in, or become liabilities of another person;
new employer, in relation to a transferred TCO employee, means the person by which, by virtue of section 153TZE, the transferred TCO employee is regarded as being employed with effect from the relevant date;
(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;
(b) in relation to a document referred to in section 153TZD(1), means a date fixed by the Minister under subsection (2) for the purposes of that document;
TCO means a transferor company that is nominated by the Minister under section 153TR;
TCO instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date in relation to a TCO—
(a) to which the TCO was a party; or
(b) that was given to or in favour of the TCO; or
(c) that refers to the TCO; or
(i) money is, or may become, payable to or by the TCO; or
(ii) other property is to be, or may become liable to be, transferred to or by the TCO;
TCO transferee, in relation to former TCO property, means the person to which the property has been transferred under this Part;
transferred TCO employee means a person who, by virtue of section 153TZE, is regarded as being employed by a new employer with effect from the relevant date;
S. 153TQ(1) def. of transferor company amended by Nos 55/1997
s. 9(1), 36/1999 s. 13(a).
transferor company means Victorian Power Exchange Pty Ltd A.C.N. 080 200 371 or a public transmission company or a public generation company.
(a) fix a relevant date for the purposes of an allocation statement under section 153TS;
(b) fix a relevant date for the purposes of a document referred to in section 153TZD(1).
S. 153TR inserted by No. 35/1997 s. 25, amended by No. 55/1997
s. 9(2) (ILA
s. 39B(1)).
153TR Nomination of transferor company
(1) If the Treasurer, on behalf of the State, enters into an agreement for the sale or transfer of property, rights and liabilities of a transferor company, the Treasurer may nominate the transferor company for the purpose of this Part.
S. 153TR(2) inserted by No. 55/1997
s. 9(2), amended by No. 36/1999 s. 13(b).
(2) The Treasurer may nominate Victorian Power Exchange Pty Ltd A.C.N. 080 200 371 as a transferor company for the purposes of this Part.
S. 153TS inserted by No. 35/1997 s. 25.
153TS TCO to prepare allocation statement
S. 153TS(1) amended by No. 10/1998
s. 10(1)(a).
(1) The TCO must give to the Treasurer and the Minister, within the period of 3 months after the date on which the TCO is nominated under section 153TR or within such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of the TCO as at a date specified by the Minister for the purposes of the relevant statement.
(a) must allocate the property, rights and liabilities of the TCO shown in the statement to, or between, the person or persons nominated in writing by the Minister;
(b) must be signed by the chief executive officer of the TCO.
(4) The Treasurer and the Minister may at any time direct the TCO to amend a statement given to them under this section as specified in the direction.
(6) A direction under subsection (4) or an amendment under subsection (5) that would affect a person or persons nominated by the Minister under subsection (1) must not be given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority or have consented in writing to the direction or amendment.
(7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.
S. 153TT inserted by No. 35/1997 s. 25.
153TT Certificate of Administrator
(1) A certificate signed by the Administrator certifying that property, rights or liabilities of the TCO specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—
(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.
(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.
(b) must make the register reasonably available for inspection by an interested person.
S. 153TU inserted by No. 35/1997 s. 25.
153TU Property transferred
(a) all property and rights of the TCO, wherever located, that are allocated under an allocation statement relating to the TCO to a person, or any 2 or more persons, vest in that person or persons; and
(b) all liabilities of the TCO, wherever located, that are allocated under an allocation statement relating to the TCO to a person, or to any 2 or more persons, become liabilities of that person or persons.
S. 153TUA inserted by No. 55/1997
s. 10.
153TUA Value to TCO of transferred property
If, in an agreement for the sale by the TCO of the business or assets of the TCO, a value is ascribed to property, rights or liabilities that are allocated to a TCO transferee under an allocation statement, that value is deemed to be consideration paid to, or received by, the TCO.
S. 153TV inserted by No. 35/1997 s. 25.
153TV Allocation of property etc. subject to encumbrances
a person or 2 or more persons—
(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
(d) the rights to which the TCO was entitled in respect of those liabilities immediately before they ceased to be liabilities of the TCO vest in the person or persons.
S. 153TW inserted by No. 35/1997 s. 25.
153TW Substitution of party to agreement
If, under an allocation statement, the rights and liabilities of the TCO under an agreement are allocated to a person—
(a) the person becomes, on the relevant date, a party to the agreement in place of the TCO; and
S. 153TX inserted by No. 35/1997 s. 25.
153TX TCO instruments
Each TCO instrument relating to former TCO property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the TCO were a reference to the TCO transferee.
S. 153TY inserted by No. 35/1997 s. 25.
153TY Proceedings
If, immediately before the relevant date, proceedings relating to former TCO property (including arbitration proceedings) to which the TCO was a party were pending or existing in any court or tribunal, then, on and after that date, the TCO transferee is substituted for the TCO as a party to the proceedings and has the same rights in the proceedings as the TCO had.
S. 153TZ inserted by No. 35/1997 s. 25.
153TZ Interests in land
Without prejudice to the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the TCO is, in relation to former TCO property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—
(a) the TCO transferee is to be taken to be the registered proprietor of that interest in land; and
(b) the TCO transferee has the same rights and remedies in respect of that interest as the TCO has.
S. 153TZA inserted by No. 35/1997 s. 25.
153TZA Amendment of Register
(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.
S. 153TZA(1A) inserted by No. 10/1998
s. 7(6).
(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.
S. 153TZA (2)(3)
repealed by No. 85/1998 s. 24(Sch. item 20.7).
S. 153TZB inserted by No. 35/1997 s. 25.
153TZB Evidence
(1) Documentary or other evidence that would have been admissible for or against the interests of the TCO in relation to former TCO property if this Part had not been enacted, is admissible for or against the interests of the TCO transferee.
S. 153TZB(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.7).
(2) The Evidence Act 2008 applies with respect to the books of account of the TCO and to entries made in those books of account before the relevant date, whether or not they relate to former TCO property, as if those books of account and entries were business records.
S. 153TZB(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).
S. 153TZC inserted by No. 35/1997 s. 25.
153TZC Validity of things done under this Part
(1) Nothing effected by this Part or done or suffered under this Part or the cessation of carrying on business by a TCO—
(a) is to be regarded as placing the TCO, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
(2) The validity of any act or transaction of a TCO must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.
Division 4—Staff
S. 153TZD inserted by No. 35/1997 s. 25.
153TZD List of TCO staff
(1) Before the relevant date in relation to a TCO, the TCO must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of the TCO and specifying, in respect of each such officer or employee, the person by which he or she is to be regarded as having been employed by virtue of section 153TZE with effect from the relevant date.
(2) The document may be amended by instrument signed by the chief executive officer and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date.
(3) Nothing in this section prevents a person listed in the document as an officer or employee of the TCO from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.
S. 153TZE inserted by No. 35/1997 s. 25.
153TZE Transfer of TCO staff
(1) A person listed as an officer or employee of a TCO in a document under section 153TZD who was such an officer or employee immediately before the relevant date in relation to the TCO is to be regarded as—
(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of the TCO; and
(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of the TCO, immediately before the relevant date.
(2) The service of a transferred TCO employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of the TCO.
(3) A transferred TCO employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the TCO because of this Act.
(4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.
S. 153TZF inserted by No. 35/1997 s. 25.
153TZF Future terms and conditions of transferred employees
Nothing in section 153TZE prevents—
(a) any of the terms and conditions of employment of a transferred TCO employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or
(b) a transferred TCO employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.
S. 153TZG inserted by No. 35/1997 s. 25, repealed by No. 11/2024 s. 64.
Pt 11B (Heading and ss 153U–153X) inserted by No. 56/1995 s. 35.
Part 11B—Provisions relating to privatisation
S. 153U inserted by No. 56/1995 s. 35, amended by Nos 14/1997 s. 11, 35/1997 s. 23(1).
153U Treasurer may be party to agreement for sale
The Treasurer, on behalf of the Government of Victoria, may be a party to an agreement for the sale or disposal of shares in or other property of a public distribution company, public transmission company or a public generation company, being a sale or disposal on such terms and conditions as the Treasurer approves.
S. 153UA inserted by No. 14/1997 s. 12.
153UA Loy Yang B transaction
The Treasurer, on behalf of the Government of Victoria, is deemed to have been authorised to enter into, and may give effect to, the LYB Transaction Implementation Agreement and may enter into and give effect to all transactions referred to or contemplated in the LYB Transaction Implementation Agreement, including the sale of the interest in the Loy Yang B Power Station held by Loy Yang B Power Station Pty Ltd.
S. 153V inserted by No. 56/1995 s. 35, amended by No. 35/1997 s. 23(1), repealed by No. 11/2024 s. 65.
S. 153W inserted by No. 56/1995 s. 35, amended by No. 35/1997 s. 23(2)(3), repealed by No. 11/2024 s. 65.