3Interpretation

3 Interpretation

(1)  In this Act, unless the contrary intention appears –

affected person means a person who, immediately before the completion of the Business Sale Agreement, owns or holds or is entitled to own or hold any estate in the subject railway, or part of the subject railway, pursuant to an Emu Bay security and, for the avoidance of doubt, includes (without limitation) –

(a) a trustee for the purposes of a debenture scheme created by an Emu Bay security; and

(b) a person claiming through such a trustee; and

(c) the holder, or a person entitled to be the holder, of a debenture issued under a debenture scheme created by an Emu Bay security;

ASIC means the Australian Securities and Investments Commission established by the Australian Securities and Investments Commission Act 1989 of the Commonwealth and continued by section 261 of the ASIC Act;

asset includes any, and any part of any, property, business, operation and right;

Business Sale Agreement means the agreement (as amended from time to time), for the sale and purchase of rail infrastructure and related assets and rail businesses, entered into on 4 September 2009 –

(a) by the PN group, as the seller; and

(b) by the Crown, as the buyer;

completion of the Business Sale Agreement means Completion within the meaning of the Business Sale Agreement;

Emu Bay Railway means –

(a) the railway in Tasmania known as the Emu Bay Railway, and also known as the Melba Line, extending from the port at Emu Bay in the City of Burnie to Melba Flats, including the Handling Facilities within the meaning of the Business Sale Agreement; and

(b) the railway known as the Hellyer Spur which runs from the Hellyer Mine site to the eastern boundary of the railway referred to in at Moory Junction;