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Government Owned Corporations Act 1993
sec.2Definitions
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### sec.2 Definitions
In this Act—
articles ...
s 2 def articles om 2007 No. 10 s 4 (1)
asset ...
s 2 def asset om 1994 No. 31 s 17 (1)
associate of a candidate GOC has the meaning given by section 22 .
s 2 def associate ins 1994 No. 31 s 17 (2)
associate subsidiary means a GOC Act entity declared by regulation to be a subsidiary of a candidate GOC associate.
s 2 def associate subsidiary ins 1994 No. 31 s 17 (2)
board of a GOC means the GOC’s board of directors.
board of directors , for chapter 2 , part 6 , see section 68 .
s 2 def board of directors ins 2007 No. 10 s 4 (2)
borrow includes—
raise money or credit; and
obtain financial accommodation; and
borrow in a foreign currency.
candidate GOC has the meaning given by section 21 .
Commonwealth tax means tax imposed under a Commonwealth Act.
community service obligations has the meaning given by section 112 .
company GOC ...
s 2 def company GOC om 2007 No. 10 s 62 sch
corporatisation has the meaning given by section 13 .
corporatisation charter of a candidate GOC means—
the draft corporatisation charter approved by the candidate GOC’s responsible Ministers as its corporatisation charter; or
if the responsible Ministers approve an amendment of the corporatisation charter—the corporatisation charter as amended.
department means department of government.
dividend , for sections 135 to 137 , see section 134 .
s 2 def dividend ins 2007 No. 10 s 4 (2)
financial accommodation includes a financial benefit, or assistance to obtain a financial benefit, arising from or because of—
a loan; or
issuing, endorsing or otherwise dealing in promissory notes; or
drawing, accepting, endorsing or otherwise dealing in bills of exchange; or
issuing, purchasing or otherwise dealing in securities; or
granting or taking a lease of any property for financing purposes; or
another arrangement prescribed by regulation.
GOC (or government owned corporation ) has the meaning given by section 5 .
GOC Act entity means an entity established by a regulation under this Act.
s 2 def GOC Act entity ins 1994 No. 31 s 17 (2)
GOC Minister has the meaning given by section 6 .
government company means a corporation incorporated under the Corporations Act all the stock or shares in the capital of which is or are beneficially owned by the State.
s 2 def government company amd 2001 No. 45 s 29 sch 3
government entity has the meaning given by section 4 .
government entity that is to become a company GOC ...
s 2 def government entity that is to become a company GOC om 2007 No. 10 s 4 (1)
government entity that is to become a GOC has the meaning given by section 23 (1) .
government entity that is to become a statutory GOC ...
s 2 def government entity that is to become a statutory GOC om 2007 No. 10 s 4 (1)
government entity that is to become a subsidiary of a GOC has the meaning given by section 23 (2) .
s 2 def government entity that is to become a subsidiary of a GOC amd 2007 No. 10 s 4 (3)
instrument means an instrument of any kind, and includes, for example—
a contract, deed, agreement, arrangement, understanding or undertaking; and
a mandate, instruction, notice, authority or order; and
a lease, licence, transfer, conveyance or other assurance; and
a guarantee, bond, power of attorney, bill of lading, negotiable instrument or order for the payment of money; and
a mortgage, charge, lien or security;
whether express or implied and whether made or given orally or in writing.
key principles of corporatisation has the meaning given by section 16 .
lease includes—
a lease, licence, charter or hiring arrangement of property; and
an arrangement under which a right to use, operate or provide services in relation to property is granted by the owner to another person.
memorandum ...
s 2 def memorandum om 2007 No. 10 s 4 (1)
portfolio Minister has the meaning given by section 6 .
predecessor , for sections 135 to 137 , see section 134 .
s 2 def predecessor ins 2007 No. 10 s 4 (2)
proposed subsidiary of a GOC or candidate GOC means a government entity that is declared by regulation to be a proposed subsidiary of the GOC or candidate GOC.
responsible Ministers —
of a candidate GOC—see section 29 ; or
of a candidate GOC associate—see section 30 .
s 2 def responsible Ministers sub 1994 No. 31 s 17 ; 2007 No. 10 s 62 sch
security includes inscribed stock, debenture, bond, debenture stock, note and any other document creating, evidencing or acknowledging indebtedness (whether or not constituting a charge on property).
senior executive , of a GOC, includes the holder of an office in the GOC that reports directly to the GOC’s chief executive officer and that is commensurate with an office held by a senior executive under the Public Sector Act 2022 .
s 2 def senior executive ins 1998 No. 21 s 4
amd 2008 No. 38 s 252 sch 3 ; 2022 No. 34 s 365 sch 3
share , in relation to a candidate GOC, a GOC or another corporation, means a share in the corporation’s share capital.
shareholding Ministers , of a GOC, see section 78 .
s 2 def shareholding Ministers amd 2007 No. 10 s 4 (4)
sub 2007 No. 10 s 62 sch
statement of corporate intent has the meaning given by section 7 .
State tax means tax imposed under an Act.
statutory GOC ...
s 2 def statutory GOC om 2007 No. 10 s 62 sch
statutory GOC closing time means the time at which the Government Owned Corporations Amendment Act 2007 , section 11 commences.
s 2 def statutory GOC closing time ins 2007 No. 10 s 4 (2)
subsidiary has the meaning given by the Corporations Act , and includes—
for a GOC or candidate GOC—a government entity declared by regulation to be a subsidiary of the GOC or candidate GOC; and
for a candidate GOC associate—a GOC Act entity declared by regulation to be a subsidiary of the associate.
s 2 def subsidiary sub 1994 No. 31 s 17
amd 2001 No. 45 s 29 sch 3
tax includes any tax, fee, duty, levy or charge.
terms of appointment or employment include terms relating to—
remuneration and allowances; and
duration of appointment or employment; and
termination of appointment or employment.
- (a) raise money or credit; and
- (b) obtain financial accommodation; and
- (c) borrow in a foreign currency.
- (a) the draft corporatisation charter approved by the candidate GOC’s responsible Ministers as its corporatisation charter; or
- (b) if the responsible Ministers approve an amendment of the corporatisation charter—the corporatisation charter as amended.
- (a) a loan; or
- (b) issuing, endorsing or otherwise dealing in promissory notes; or
- (c) drawing, accepting, endorsing or otherwise dealing in bills of exchange; or
- (d) issuing, purchasing or otherwise dealing in securities; or
- (e) granting or taking a lease of any property for financing purposes; or
- (f) another arrangement prescribed by regulation.
- (a) a contract, deed, agreement, arrangement, understanding or undertaking; and
- (b) a mandate, instruction, notice, authority or order; and
- (c) a lease, licence, transfer, conveyance or other assurance; and
- (d) a guarantee, bond, power of attorney, bill of lading, negotiable instrument or order for the payment of money; and
- (e) a mortgage, charge, lien or security;
- (a) a lease, licence, charter or hiring arrangement of property; and
- (b) an arrangement under which a right to use, operate or provide services in relation to property is granted by the owner to another person.
- (a) of a candidate GOC—see section 29 ; or
- (b) of a candidate GOC associate—see section 30 .
- (a) for a GOC or candidate GOC—a government entity declared by regulation to be a subsidiary of the GOC or candidate GOC; and
- (b) for a candidate GOC associate—a GOC Act entity declared by regulation to be a subsidiary of the associate.
- (a) remuneration and allowances; and
- (b) duration of appointment or employment; and
- (c) termination of appointment or employment.