Government Owned Corporations (Energy Consolidation) Regulation 2016
In ForceQLD
Jurisdiction
Queensland
Act Number
100 of 2016
Collection
regulation
Plain English Summary
5/10 complexity
This regulation reallocates ownership and financial responsibility for specified energy-sector assets, liabilities, debt instruments and company shares — transferring EEQ’s scheduled assets to Ergon (s.9), energy companies’ assets to the State (s.10), shares to EQL (s.15), and reassigning liabilities and debt instruments between the State, EQL and the energy companies (ss.11–12, 23–24). It matters because it changes who legally owns assets, who is liable to creditors, and which entities appear in contracts, altering public and corporate balance sheets and counterparties’ rights.
This Regulation effects a mechanical consolidation and reallocation of specified energy-sector assets, liabilities, shares and scheduled debt instruments among a small set of corporate and State entities by mandating transfers, substitutions and accounting treatments. It operates through discrete, rule-based substitutions: (a) EEQ’s scheduled assets are transferred to Ergon (sec.9(1)); (b) each energy company’s scheduled assets are transferred to the State (sec.10(1)); (c) each energy company’s scheduled liabilities are released from the company and assumed by the State (sec.11(1)-(2)); (d) scheduled debt instruments of energy companies are taken to apply to the State instead of the energy company (sec.12(1)); (e) each energy company’s shares are transferred to EQL and treated as an increase in contributed equity (sec.15(1)-(3)); (f) contractual references to shareholding Ministers of an energy company in provisions about information disclosure are re‑read as references to the shareholding Ministers of EQL (sec.16); (g) the State’s scheduled liabilities are released from the State and assumed by EQL (sec.23(1)-(3)); and (h) scheduled debt instruments of the State are taken to apply to EQL instead of the State (sec.24(1)). The dictionary in schedule 1 (referred to in sec.3) supplies the defined terms used throughout.
Mechanically, the instrument does two kinds of things. First, it effects transfers and substitutions of legal relationships: assets move from one legal owner to another; liabilities and debt instruments are statutorily allocated to new parties; references in contracts are reinterpreted to point at a new entity (secs 9, 10, 11, 12, 15, 16, 23, 24). Second, it prescribes the accounting characterisation of those transfers for the parties involved: transfers are to be treated as distributions, redemptions or contributions in equity terms and the value of transferred items is fixed as the recorded value in accounts immediately before commencement (secs 9(3), 10(3), 11(4), 15(3), 23(4)). The commencement schedule stages Parts 2-9 so the transfers occur in sequence around 30 June to 1 July 2016 (sec.2).
Current sections
Direct links to the current provisions in Government Owned Corporations (Energy Consolidation) Regulation 2016.
16
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Government Owned Corporations (Energy Consolidation) Regulation 2016 .
sec.2
Commencement
sec.2 Commencement
Part 2 commences on 30 June 2016.
Parts 3 and 4 commence immediately after part 2 commences.
Parts 5 and 6 commence immediately after parts 3 and 4 commence.
Parts 7 and 8 commence immediately after parts 5 and 6 commence.
Part 9 commences immediately before 1 July 2016.
(sec.2-ssec.1) Part 2 commences on 30 June 2016.
(sec.2-ssec.2) Parts 3 and 4 commence immediately after part 2 commences.
(sec.2-ssec.3) Parts 5 and 6 commence immediately after parts 3 and 4 commence.
(sec.2-ssec.4) Parts 7 and 8 commence immediately after parts 5 and 6 commence.
(sec.2-ssec.5) Part 9 commences immediately before 1 July 2016.
sec.3
Dictionary
sec.3 Dictionary
The dictionary in schedule 1 defines particular words used in this regulation.
pt.4
Transfer of EEQ’s scheduled assets
Transfer of EEQ’s scheduled assets
sec.9
Scheduled assets
sec.9 Scheduled assets
EEQ’s scheduled assets are transferred to Ergon.
EEQ and Ergon must do all things necessary to enable the scheduled assets to be transferred to Ergon.
For this section, EEQ and Ergon must treat—
the transfer of a scheduled asset to Ergon as a distribution to an owner that is to be considered as a redemption of owner’s equity; and
the value of a scheduled asset as being the value of the asset recorded in the accounts of EEQ immediately before this section commences.
In this section—
Ergon means Ergon Energy Corporation Limited ACN 087 646 062.
(sec.9-ssec.1) EEQ’s scheduled assets are transferred to Ergon.
(sec.9-ssec.2) EEQ and Ergon must do all things necessary to enable the scheduled assets to be transferred to Ergon.
(sec.9-ssec.3) For this section, EEQ and Ergon must treat— the transfer of a scheduled asset to Ergon as a distribution to an owner that is to be considered as a redemption of owner’s equity; and the value of a scheduled asset as being the value of the asset recorded in the accounts of EEQ immediately before this section commences.
(sec.9-ssec.4) In this section— Ergon means Ergon Energy Corporation Limited ACN 087 646 062.
(a) the transfer of a scheduled asset to Ergon as a distribution to an owner that is to be considered as a redemption of owner’s equity; and
(b) the value of a scheduled asset as being the value of the asset recorded in the accounts of EEQ immediately before this section commences.
pt.5
Transfer of scheduled assets, assumption of scheduled liabilities and application of scheduled debt instruments of energy companies
Transfer of scheduled assets, assumption of scheduled liabilities and application of scheduled debt instruments of energy companies
sec.10
Scheduled assets
sec.10 Scheduled assets
Each energy company’s scheduled assets are transferred to the State.
Each energy company must do all things necessary to enable the scheduled assets to be transferred to the State.
For this section, each energy company must treat—
the transfer of a scheduled asset to the State as a distribution to an owner that is to be considered as a redemption of contributed equity; and
the value of a scheduled asset as being the value of the asset recorded in the accounts of the energy company immediately before this section commences.
(sec.10-ssec.1) Each energy company’s scheduled assets are transferred to the State.
(sec.10-ssec.2) Each energy company must do all things necessary to enable the scheduled assets to be transferred to the State.
(sec.10-ssec.3) For this section, each energy company must treat— the transfer of a scheduled asset to the State as a distribution to an owner that is to be considered as a redemption of contributed equity; and the value of a scheduled asset as being the value of the asset recorded in the accounts of the energy company immediately before this section commences.
(a) the transfer of a scheduled asset to the State as a distribution to an owner that is to be considered as a redemption of contributed equity; and
(b) the value of a scheduled asset as being the value of the asset recorded in the accounts of the energy company immediately before this section commences.
sec.11
Scheduled liabilities
sec.11 Scheduled liabilities
Each energy company is released from its scheduled liabilities.
The scheduled liabilities are assumed by the State.
Each energy company must do all things necessary to enable the scheduled liabilities to be assumed by the State.
For this section, each energy company must treat—
the assumption of a scheduled liability by the State as a contribution by an owner that is to be considered as an increase in contributed equity; and
the value of a scheduled liability as being the value of the liability recorded in the accounts of the energy company immediately before this section commences; and
the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the energy company immediately before this section commences.
(sec.11-ssec.1) Each energy company is released from its scheduled liabilities.
(sec.11-ssec.2) The scheduled liabilities are assumed by the State.
(sec.11-ssec.3) Each energy company must do all things necessary to enable the scheduled liabilities to be assumed by the State.
(sec.11-ssec.4) For this section, each energy company must treat— the assumption of a scheduled liability by the State as a contribution by an owner that is to be considered as an increase in contributed equity; and the value of a scheduled liability as being the value of the liability recorded in the accounts of the energy company immediately before this section commences; and the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the energy company immediately before this section commences.
(a) the assumption of a scheduled liability by the State as a contribution by an owner that is to be considered as an increase in contributed equity; and
(b) the value of a scheduled liability as being the value of the liability recorded in the accounts of the energy company immediately before this section commences; and
(c) the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the energy company immediately before this section commences.
sec.12
Scheduled debt instruments
sec.12 Scheduled debt instruments
Each scheduled debt instrument of an energy company applies to the State instead of the energy company that was a party to the instrument immediately before this section commences.
Without limiting subsection (1) —
any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the energy company to the State; and
a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of an energy company is taken to have been given to, by or in favour of the State; and
the State is taken to be a party to a scheduled debt instrument instead of the energy company; and
a reference to an energy company in a scheduled debt instrument is taken to be a reference to the State; and
a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the energy company.
(sec.12-ssec.1) Each scheduled debt instrument of an energy company applies to the State instead of the energy company that was a party to the instrument immediately before this section commences.
(sec.12-ssec.2) Without limiting subsection (1) — any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the energy company to the State; and a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of an energy company is taken to have been given to, by or in favour of the State; and the State is taken to be a party to a scheduled debt instrument instead of the energy company; and a reference to an energy company in a scheduled debt instrument is taken to be a reference to the State; and a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the energy company.
(a) any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the energy company to the State; and
(b) a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of an energy company is taken to have been given to, by or in favour of the State; and
(c) the State is taken to be a party to a scheduled debt instrument instead of the energy company; and
(d) a reference to an energy company in a scheduled debt instrument is taken to be a reference to the State; and
(e) a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the energy company.
pt.7
Transfer of shares and particular references in contracts
Transfer of shares and particular references in contracts
sec.15
Shares
sec.15 Shares
Each energy company’s shares are transferred to EQL.
Each energy company and EQL must do all things necessary to enable the shares to be transferred to EQL.
For this section, each energy company and EQL must treat—
the transfer of the shares to EQL as a contribution by owners that is to be considered as an increase in contributed equity; and
the value of the shares as being the value of the shares recorded in the accounts of the State immediately before this section commences.
(sec.15-ssec.1) Each energy company’s shares are transferred to EQL.
(sec.15-ssec.2) Each energy company and EQL must do all things necessary to enable the shares to be transferred to EQL.
(sec.15-ssec.3) For this section, each energy company and EQL must treat— the transfer of the shares to EQL as a contribution by owners that is to be considered as an increase in contributed equity; and the value of the shares as being the value of the shares recorded in the accounts of the State immediately before this section commences.
(a) the transfer of the shares to EQL as a contribution by owners that is to be considered as an increase in contributed equity; and
(b) the value of the shares as being the value of the shares recorded in the accounts of the State immediately before this section commences.
sec.16
Contracts
sec.16 Contracts
This section applies if a provision of a contract—
contains a reference to shareholding Ministers of an energy company; and
relates to the disclosure of information to the shareholding Ministers.
The reference is taken to be a reference to the shareholding Ministers of EQL.
(sec.16-ssec.1) This section applies if a provision of a contract— contains a reference to shareholding Ministers of an energy company; and relates to the disclosure of information to the shareholding Ministers.
(sec.16-ssec.2) The reference is taken to be a reference to the shareholding Ministers of EQL.
(a) contains a reference to shareholding Ministers of an energy company; and
(b) relates to the disclosure of information to the shareholding Ministers.
pt.9
Assumption of scheduled liabilities and application of scheduled debt instruments of the State
Assumption of scheduled liabilities and application of scheduled debt instruments of the State
sec.23
Scheduled liabilities
sec.23 Scheduled liabilities
The State is released from its scheduled liabilities.
The scheduled liabilities are assumed by EQL.
EQL must do all things necessary to enable the scheduled liabilities to be assumed by EQL.
For this section, EQL must treat—
the assumption of a scheduled liability by EQL as a distribution to owners that is to be considered as a redemption of contributed equity; and
the value of a scheduled liability as being the value of the liability recorded in the accounts of the State immediately before this section commences; and
the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the State immediately before this section commences.
(sec.23-ssec.1) The State is released from its scheduled liabilities.
(sec.23-ssec.2) The scheduled liabilities are assumed by EQL.
(sec.23-ssec.3) EQL must do all things necessary to enable the scheduled liabilities to be assumed by EQL.
(sec.23-ssec.4) For this section, EQL must treat— the assumption of a scheduled liability by EQL as a distribution to owners that is to be considered as a redemption of contributed equity; and the value of a scheduled liability as being the value of the liability recorded in the accounts of the State immediately before this section commences; and the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the State immediately before this section commences.
(a) the assumption of a scheduled liability by EQL as a distribution to owners that is to be considered as a redemption of contributed equity; and
(b) the value of a scheduled liability as being the value of the liability recorded in the accounts of the State immediately before this section commences; and
(c) the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the State immediately before this section commences.
sec.24
Scheduled debt instruments
sec.24 Scheduled debt instruments
Each scheduled debt instrument of the State applies to EQL instead of the State.
Without limiting subsection (1) —
any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the State to EQL; and
a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of the State is taken to have been given to, by or in favour of EQL; and
EQL is taken to be a party to a scheduled debt instrument instead of the State; and
a reference to an energy company or the State in a scheduled debt instrument is taken to be a reference to EQL; and
a reference to the shareholding Ministers of an energy company in a scheduled debt instrument is taken to be a reference to the shareholding Ministers of EQL; and
a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company or the State is taken to be an instrument under which the amount is, or may become, payable to or by EQL in the way the amount was, or might have become, payable to or by the energy company or the State.
(sec.24-ssec.1) Each scheduled debt instrument of the State applies to EQL instead of the State.
(sec.24-ssec.2) Without limiting subsection (1) — any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the State to EQL; and a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of the State is taken to have been given to, by or in favour of EQL; and EQL is taken to be a party to a scheduled debt instrument instead of the State; and a reference to an energy company or the State in a scheduled debt instrument is taken to be a reference to EQL; and a reference to the shareholding Ministers of an energy company in a scheduled debt instrument is taken to be a reference to the shareholding Ministers of EQL; and a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company or the State is taken to be an instrument under which the amount is, or may become, payable to or by EQL in the way the amount was, or might have become, payable to or by the energy company or the State.
(a) any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the State to EQL; and
(b) a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of the State is taken to have been given to, by or in favour of EQL; and
(c) EQL is taken to be a party to a scheduled debt instrument instead of the State; and
(d) a reference to an energy company or the State in a scheduled debt instrument is taken to be a reference to EQL; and
(e) a reference to the shareholding Ministers of an energy company in a scheduled debt instrument is taken to be a reference to the shareholding Ministers of EQL; and
(f) a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company or the State is taken to be an instrument under which the amount is, or may become, payable to or by EQL in the way the amount was, or might have become, payable to or by the energy company or the State.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Government Owned Corporations (Energy Consolidation) Regulation 2016 .
sec.2 Commencement
sec.2 Commencement
Part 2 commences on 30 June 2016.
Parts 3 and 4 commence immediately after part 2 commences.
Parts 5 and 6 commence immediately after parts 3 and 4 commence.
Parts 7 and 8 commence immediately after parts 5 and 6 commence.
Part 9 commences immediately before 1 July 2016.
(sec.2-ssec.1) Part 2 commences on 30 June 2016.
(sec.2-ssec.2) Parts 3 and 4 commence immediately after part 2 commences.
(sec.2-ssec.3) Parts 5 and 6 commence immediately after parts 3 and 4 commence.
(sec.2-ssec.4) Parts 7 and 8 commence immediately after parts 5 and 6 commence.
(sec.2-ssec.5) Part 9 commences immediately before 1 July 2016.
sec.3 Dictionary
sec.3 Dictionary
The dictionary in schedule 1 defines particular words used in this regulation.
pt.4 Transfer of EEQ’s scheduled assets
Transfer of EEQ’s scheduled assets
sec.9 Scheduled assets
sec.9 Scheduled assets
EEQ’s scheduled assets are transferred to Ergon.
EEQ and Ergon must do all things necessary to enable the scheduled assets to be transferred to Ergon.
For this section, EEQ and Ergon must treat—
the transfer of a scheduled asset to Ergon as a distribution to an owner that is to be considered as a redemption of owner’s equity; and
the value of a scheduled asset as being the value of the asset recorded in the accounts of EEQ immediately before this section commences.
In this section—
Ergon means Ergon Energy Corporation Limited ACN 087 646 062.
(sec.9-ssec.1) EEQ’s scheduled assets are transferred to Ergon.
(sec.9-ssec.2) EEQ and Ergon must do all things necessary to enable the scheduled assets to be transferred to Ergon.
(sec.9-ssec.3) For this section, EEQ and Ergon must treat— the transfer of a scheduled asset to Ergon as a distribution to an owner that is to be considered as a redemption of owner’s equity; and the value of a scheduled asset as being the value of the asset recorded in the accounts of EEQ immediately before this section commences.
(sec.9-ssec.4) In this section— Ergon means Ergon Energy Corporation Limited ACN 087 646 062.
(a) the transfer of a scheduled asset to Ergon as a distribution to an owner that is to be considered as a redemption of owner’s equity; and
(b) the value of a scheduled asset as being the value of the asset recorded in the accounts of EEQ immediately before this section commences.
The Regulation creates obligations framed as mandatory duties to “do all things necessary” to give effect to the transfers (see multiple provisions, e.g. sec.9(2), sec.10(2), sec.11(3), sec.15(2), sec.23(3)). It also prescribes legal effect where a scheduled debt instrument contains references to the original party by deeming the State or EQL to be the party instead (secs 12(2), 24(2)). The Regulation does not itself set out enforcement or penalty clauses, nor does it provide the text of schedule 1 in the material supplied here; those definitions and any further procedural detail will be in schedule 1 and external instruments.
In short, the Regulation unifies ownership and debt positions across a narrow set of State and government-owned corporate entities by statutory substitution and accounting directives, fixing book values at immediately-pre‑commencement account figures and imposing broad procedural duties on the named parties to implement the transfers (secs 9-12, 15-16, 23-24; sec.3; sec.2).
Main concepts
The instrument relies on a small set of recurrent legal and accounting concepts which determine its practical effect.
Scheduled assets and scheduled liabilities. These are the core transactional objects. The Regulation repeatedly directs transfers of scheduled assets and the assumption of scheduled liabilities without reproducing definitions in the body of the provisions; those definitions are located in the dictionary in schedule 1 (sec.3). The reader must use schedule 1 to identify which specific assets and liabilities are captured by the statutory transfers.
Transfer by statutory operation and substitute party treatment. The Regulation causes transfers and substitutions to occur by statutory declaration rather than by private novation in many instances. For example, each scheduled debt instrument of an energy company “applies to the State instead of the energy company” and rights or liabilities under a scheduled debt instrument are “taken to be transferred” to the State (sec.12(1)-(2)). Likewise, scheduled debt instruments of the State “apply to EQL instead of the State” (sec.24(1)-(2)). This statutory substitutional approach treats the new entity as the party for all practical purposes set out in the instrument.
Accounting characterisation. The Regulation specifies how the parties must treat the transfers in their accounts. Transfers of scheduled assets are to be treated as distributions considered to be redemptions of owner’s equity (sec.9(3)), or, for energy companies to the State, redemptions of contributed equity (sec.10(3)). The assumption of scheduled liabilities by the State must be treated by the energy company as a contribution by an owner,an increase in contributed equity,with values taken as those recorded immediately before commencement (sec.11(4)). Similarly, transfer of shares to EQL is treated as a contribution by owners increasing contributed equity with values taken from State accounts immediately before commencement (sec.15(3)). The Regulation therefore fixes the accounting entries as of the pre-commencement books (secs 9(3), 10(3), 11(4), 15(3), 23(4)).
“Do all things necessary” duties. Multiple provisions impose a broad, mandatory duty on named parties to undertake whatever steps are necessary to effect the transfers: EEQ and Ergon (sec.9(2)); each energy company (sec.10(2), sec.11(3)); EQL (sec.23(3)); and energy companies and EQL for share transfers (sec.15(2)). The phrase signals a wide implementation obligation; it creates an operational mandate rather than enumerating a closed list of steps.
Book value fixation, including QTC debt facilities. For valuation, the Regulation directs parties to use the value recorded in accounts immediately before commencement for both scheduled assets (secs 9(3), 10(3)) and scheduled liabilities (secs 11(4), 23(4)). In particular, indebtedness under the QTC debt facilities is to be valued at its book value recorded immediately before commencement (secs 11(4)(c), 23(4)(c)). The phrase “QTC debt facilities” is referenced specifically and its book value rather than market or face value is chosen for the statutory treatment.
Contractual reference redirection. For contract provisions that reference the shareholding Ministers of an energy company in connection with disclosure of information, the Regulation redirects that reference to the shareholding Ministers of EQL (sec.16). Separately, scheduled debt instruments referencing an energy company or the State are interpreted as references to EQL where sec.24 applies (sec.24(2)(d)-(e)).
Sequential commencement. The staged commencement provisions (sec.2) schedule the operative parts to take effect across a short timeframe (from 30 June 2016 with Part 9 immediately before 1 July 2016). This sequencing will determine the order in which the transfers, assumptions and substitutions are to be implemented (sec.2).
Together these concepts form a compact legal mechanism to consolidate assets, liabilities, shareholding and debt positions across designated State-owned enterprises and the State using statutory reallocation and defined accounting treatment rather than bilateral novations or secondary market transactions (secs 9-12, 15-16, 23-24; sec.3).
Who it affects
The Regulation names and therefore directly affects a defined set of entities and classes of counterparties.
EEQ. The instrument directly mandates transfer of EEQ’s scheduled assets to Ergon and requires EEQ to do all things necessary to enable the transfers (sec.9(1)-(2)). EEQ must also apply the accounting treatment prescribed in sec.9(3).
Ergon. Ergon Energy Corporation Limited ACN 087 646 062 is explicitly named and receives EEQ’s scheduled assets (sec.9(1), sec.9(4)). Ergon must do all things necessary to effect the transfers (sec.9(2)) and treat the transfer as a redemption of owner’s equity with the asset values fixed at EEQ’s pre-commencement recorded value (sec.9(3)).
Each energy company. The instrument repeatedly references “each energy company”, directing that each energy company’s scheduled assets transfer to the State (sec.10(1)), that each energy company’s scheduled liabilities be released and assumed by the State (sec.11(1)-(2)), and that each scheduled debt instrument of an energy company applies to the State instead of the company (sec.12(1)). Each energy company must “do all things necessary” to enable the transfers (secs 10(2), 11(3)) and must record the prescribed accounting treatments (secs 10(3), 11(4)).
The State. The State receives scheduled assets from each energy company (sec.10(1)). The State assumes scheduled liabilities in respect of energy companies under sec.11(2) by statutory operation, and the State’s scheduled debt instruments are redirected to EQL (sec.24(1)). The State is released from scheduled liabilities under sec.23(1) where those liabilities are instead assumed by EQL.
EQL. EQL is the recipient of each energy company’s shares (sec.15(1)) and must do all things necessary to enable those transfers (sec.15(2)). EQL must treat the transfers as contributions by owners increasing contributed equity and must use the values recorded in the State’s accounts immediately before commencement for the share value (sec.15(3)). EQL also assumes scheduled liabilities that the State is released from (sec.23(2)) and becomes the party to scheduled debt instruments previously held by the State (sec.24(1)). The Regulation also treats references to shareholding Ministers in scheduled debt instruments as references to the shareholding Ministers of EQL (sec.24(2)(e)).
Shareholding Ministers. Contractual references that refer to shareholding Ministers of an energy company in relation to disclosure of information are redirected to the shareholding Ministers of EQL (sec.16). Sec.24(2)(e) also reinterprets references to the shareholding Ministers of an energy company in scheduled debt instruments as references to the shareholding Ministers of EQL.
Lenders and holders of scheduled debt instruments. Counterparties to scheduled debt instruments of energy companies and of the State are affected because the statutory operation transfers rights, title, interests and liabilities under those instruments to the State or to EQL respectively (secs 12(2), 24(2)). In particular, the Regulation treats amounts payable to or by an energy company or the State under a scheduled debt instrument as payable to or by the new statutory party (secs 12(2)(e), 24(2)(f)).
Accountants, auditors and financial controllers. The Regulation prescribes specific accounting treatments and the use of values as recorded in accounts immediately before commencement (secs 9(3), 10(3), 11(4), 15(3), 23(4)). Those charged with preparing financial statements will be required to effect the entries and documentation consistent with these directions.
Contract counterparties who reference shareholding Ministers. Any contract provision that both contains a reference to shareholding Ministers of an energy company and relates to disclosure of information is affected because the reference is redefined to refer to the shareholding Ministers of EQL (sec.16).
Parties to QTC debt facilities. The Regulation requires that the value of indebtedness under the QTC debt facilities be taken to be the book value recorded immediately before commencement for the purposes of accounting treatment of assumed liabilities (secs 11(4)(c), 23(4)(c)).
Indirectly affected parties include any third parties holding security interests, registered charges, or contestable rights over the scheduled assets and liabilities, because legal ownership and party status for debt instruments is shifted by statutory operation. The instrument does not list such third parties, but its reallocation mechanics will have practical consequences for creditor relationships and corporate registers (see secs 9-12, 15, 23-24).
Key duties and rights
The Regulation creates concrete, mandatory duties and prescribes statutory rights and substitutions. The following are the principal duties and legal effects set out in the text.
Duties to do all things necessary
EEQ and Ergon must “do all things necessary” to enable EEQ’s scheduled assets to be transferred to Ergon (sec.9(2)).
Each energy company must “do all things necessary” to enable its scheduled assets to be transferred to the State (sec.10(2)), and to enable its scheduled liabilities to be assumed by the State (sec.11(3)).
Each energy company and EQL must “do all things necessary” to enable the transfer of shares to EQL (sec.15(2)).
EQL must do all things necessary to enable scheduled liabilities to be assumed by EQL (sec.23(3)).
These duties are framed broadly; they are not limited to specified acts but impose a general implementation obligation on the named entities.
Accounting and treatment obligations
Parties must treat transfers as equity transactions with specified characterisations. EEQ and Ergon must treat the transfer of a scheduled asset to Ergon as a distribution to an owner to be considered as a redemption of owner’s equity, and use the asset value recorded in EEQ’s accounts immediately before commencement (sec.9(3)).
Each energy company must treat the transfer of a scheduled asset to the State as a distribution considered a redemption of contributed equity, with the asset valued as per the company’s accounts immediately before commencement (sec.10(3)).
Each energy company must treat the assumption of a scheduled liability by the State as a contribution by an owner considered an increase in contributed equity, with the liability valued at the recorded accounts immediately before commencement; and the indebtedness under QTC debt facilities is to be the book value recorded before commencement (sec.11(4)(a)-(c)).
Each energy company and EQL must treat share transfers to EQL as contributions by owners increasing contributed equity and use the value recorded in the State’s accounts immediately before commencement for share value (sec.15(3)(a)-(b)).
EQL must treat assumption of scheduled liabilities by EQL as distributions to owners considered redemptions of contributed equity, with values taken from State accounts immediately before commencement and QTC indebtedness taken at book value (sec.23(4)).
These are mandatory treatments expressed as “must treat” rather than optional guidance (secs 9(3), 10(3), 11(4), 15(3), 23(4)).
Statutory substitutions of party status for debt instruments
Each scheduled debt instrument of an energy company applies to the State instead of the energy company, and any right, title, interest or liability under or relating to a scheduled debt instrument is taken to be transferred from the energy company to the State (sec.12(1)-(2)(a)). The State is taken to be a party to the instrument and references to an energy company are taken to be references to the State (sec.12(2)(c)-(d)). Amounts payable to or by an energy company under a scheduled debt instrument are taken to be payable to or by the State (sec.12(2)(e)).
Similarly, each scheduled debt instrument of the State applies to EQL instead of the State, with rights, liabilities and references taken to be those of EQL (sec.24(1)-(2)(a)-(d)). References to shareholding Ministers of an energy company in scheduled debt instruments are taken to be references to the shareholding Ministers of EQL (sec.24(2)(e)). Amounts under scheduled debt instruments previously payable to or by an energy company or the State are taken to be payable to or by EQL (sec.24(2)(f)).
Contractual reference redefinition
Where a contract provision contains a reference to shareholding Ministers of an energy company and relates to the disclosure of information to the shareholding Ministers, that reference is taken to be a reference to the shareholding Ministers of EQL (sec.16(1)-(2)).
Rights created by the statutory substitutions
The statutory language effects an automatic transfer of rights and obligations without requiring a novation or assignment in each instance. For scheduled debt instruments, benefits and liabilities provided to or by an energy company are taken to have been given to or by the State (sec.12(2)(b)); similarly for the State to EQL transfers (sec.24(2)(b)). This creates a statutory right in favour of the State or EQL to stand in the place of the original contracting party.
Absence of express penalty provisions
The Regulation sets out duties using mandatory language but contains no separate penalty or enforcement subsection in the supplied text. The obligations therefore create legal duties; enforcement and remedies would arise through the existing legal framework rather than through new penalty clauses contained in this instrument.
Timing obligations
The staged commencement dates in sec.2 determine when duties and substitutions operative under each Part become effective, and thus when the obligations to “do all things necessary” fall due (sec.2).
Collectively, these duties and statutory rights require named actors to implement transfers and to reflect those transfers in their accounts with the treatment and valuations explicitly set out in the Regulation (secs 9-12, 15-16, 23-24).
Penalties and enforcement
The Regulation, as provided, imposes a series of mandatory duties and prescriptive legal effects but does not include express penalty provisions or bespoke enforcement mechanisms within the supplied text. The instrument contains numerous “must” obligations directed at named entities (for example, EEQ and Ergon must “do all things necessary” to effect scheduled asset transfers (sec.9(2)); each energy company must do all things necessary to enable transfers and the assumption of liabilities by the State (secs 10(2), 11(3)); EQL must do all things necessary for scheduled liabilities to be assumed by EQL (sec.23(3))). However the Regulation does not, in the material supplied here, specify criminal penalties, pecuniary penalties, infringement notices or defined administrative sanctions linked to failure to comply with those obligations.
Because the instrument reallocates legal rights and liabilities by statutory operation (secs 12(1), 24(1)), the practical enforcement of the reassignments will be effected by the legal recognition of new parties under those instruments. For example, once the Regulation takes effect, counterparties to scheduled debt instruments will be treated as having rights and liabilities against the State or EQL rather than the energy company or the State, respectively (secs 12(2), 24(2)). That statutory substitution creates enforceable rights in the substituted party without the need for bilateral novation in the instrument itself; enforcement of those rights would proceed through ordinary contract and debt enforcement mechanisms available to the substituted party. The Regulation itself does not specify how disputes arising from the statutory substitution are to be determined but the substituted party will be able to assert rights vested by the statutory operation.
The absence of express penalty provisions in the Regulation means that compliance failure likely exposes the defaulting entity to consequences under the wider legal regime in which it operates: fiduciary duties, director duties, corporate governance rules, contractual liability to counterparties, and applicable statutory remedies in other legislation. The Regulation does not identify or prescribe which external enforcement mechanisms will apply; the operative effect is to create the legal state of affairs described by the provisions (transfers, assumptions and substitutions), and any enforcement of those effects will be through ordinary legal processes if parties contest the statutory operation.
Practically, entities given the duty to “do all things necessary” will face reputational, contractual and potentially administrative consequences if they do not implement the transfers and account for them as directed. The Regulation does not provide an administrative process or timeline for proving compliance beyond the broad commencement sequencing provided in sec.2. Parties should note, therefore, that the instrument imposes obligations that are mandatory in wording but that the text supplied does not create a bespoke penalty regime within the Regulation itself.
How it interacts with other laws
The Regulation explicitly prescribes reallocation of assets, liabilities, shares and debt instruments by statutory operation and by reference to pre-commencement accounting values. While the instrument does not itself cross‑reference particular external statutes in the text provided, its mechanics will interact with several areas of law and administrative practice by producing changes in legal relationships that external laws govern.
Corporate and accounting law interaction. The Regulation instructs parties to “treat” transfers as distributions, redemptions or contributions in contributed equity and requires valuation by reference to book values recorded immediately before commencement (secs 9(3), 10(3), 11(4), 15(3), 23(4)). Those directions will feed into financial statements, company books, share registers and equity accounts. Such prescribed treatments will interact in practice with the applicable accounting standards and corporate reporting requirements that govern government-owned corporations and with auditors’ duties. The Regulation fixes the internal accounting character of the transactions but does not specify how external regulators should treat those entries.
Contract law and third‑party consent. The Regulation takes rights, title, interests and liabilities under scheduled debt instruments to be transferred from the original party to the State or EQL (secs 12(2), 24(2)). It does not require the consent of the counterparty to those instruments in the text provided; rather the statutory operation effects the transfer. That will interact with contractual novation provisions, anti-assignment clauses, consent requirements and termination rights in debt instruments. The statutory substitution may alter counterparty remedies or change the practical enforcement counterparty, and counterparties may respond through the mechanisms their instruments provide (for example, acceleration, termination, or security enforcement) depending on the instrument wording.
Securities and security interests. Transfers of assets and the substitution of parties to debt instruments will have implications for registered security interests, mortgages, charges and public registers. The Regulation effects legal changes but does not itself amend registration entries on public registers. The parties carrying the duty to do all things necessary (secs 9(2), 10(2), 11(3), 15(2), 23(3)) will likely need to address registrations to reflect transfers; the instrument itself does not set out a process for that. Where security interests attach to scheduled assets, the statutory transfer will change the legal owner; whether that affects priority or requires re-registration will be governed by the governing law for those security interests.
Debt facilities and QTC. The instrument specifically refers to the QTC debt facilities and directs that indebtedness under those facilities be taken at book value recorded immediately before commencement for the purposes of the accounting treatments (secs 11(4)(c), 23(4)(c)). This interacts with the contractual terms of the QTC facilities and potentially with the accounting and disclosure regimes that apply to those facilities. The Regulation determines the book-value figure for statutory purposes but does not override contractual remedies available under the QTC facilities themselves.
State liability and sovereign rights. By effecting transfers of scheduled liabilities from energy companies to the State (sec.11(2)) and later from the State to EQL (sec.23(2)), the Regulation alters which legal person is the obligor for scheduled liabilities. That will change which entity bears legal responsibility under external laws for such liabilities. The Regulation does not create or extinguish third-party substantive rights beyond the transfers; rather it reallocates who is treated as owing or entitled under the instruments.
Contracts referencing shareholding Ministers. The Regulation redirects references to shareholding Ministers in specified contract provisions to the shareholding Ministers of EQL (sec.16). This will alter the contractual counterparties for information disclosure mechanics and thus interact with confidentiality, reporting, and governance obligations embedded in contracts.
Register filings and public law obligations. The Regulation’s broad “do all things necessary” duties imply action that, in practice, will intersect with statutory filing requirements under corporate, securities and property law frameworks. The Regulation does not itself set out those filings; compliance therefore involves coordination between the statutory reallocation effect of this instrument and the procedural requirements of other statutes and registers.
Because the provided text does not include schedule 1 definitions, parties should treat the definitions in schedule 1 as authoritative for determining which assets, liabilities and instruments are “scheduled” and therefore subject to the transfers (sec.3). The staged commencement specified in sec.2 will determine the sequencing and therefore the temporal interaction with external obligations, such as reporting periods and quarter-end accounting treatments.
In summary, the Regulation’s statutory reallocations will interact with external bodies of law that govern registration, security, contractual consent, accounting and reporting, and the practical legal consequences of those interactions will depend on the detailed terms of the affected contracts and external statutory regimes.
Amendment history
The material provided contains the Regulation text as presented and the commencement schedule (sec.2), the short title (sec.1) and the dictionary cross‑reference (sec.3), together with Parts addressing transfers and assumptions (secs 9-12, 15-16, 23-24). The supplied text does not include any explicit amendment history or notation of prior amendments within the instrument itself.
Practically, the absence of an amendment history in the supplied text means the document as read should be treated as an enacted instrument with the provisions shown. It does not list repeals, savings, transitional instruments beyond the staged commencement provisions in sec.2, nor does it contain historical schedules identifying previous versions. Where a user needs authoritative amendment history, that history will be recorded in the official statute compilation or legislative instrument register that tracks legislative amendments, commencement notices, repeals, and consequential amendments to other instruments. The current text indicates commencement sequencing (sec.2) but provides no later amendments.
Because the Regulation prescribes pre-commencement accounting values and a tight transfer window around 30 June-1 July 2016 (sec.2), any later amendments affecting the scope of scheduled assets, liabilities or the entities named (EEQ, Ergon, energy companies, EQL, the State) would be material to past transfers. The absence of amendment entries in the supplied text means that the instrument as presented is self-contained for the purposes of understanding the prescribed transfers and accounting treatments, but users should verify whether later legislative amendments, repeals, or consequential instruments have altered the Regulation since enactment.
Finally, the dictionary in schedule 1 (sec.3) governs the defined terms used throughout; any amendment history likely includes changes to schedule 1 definitions in practice. The provided extract does not include schedule 1 content or amendment notes, so a reader focused on precise scope must obtain the full instrument with schedule 1 and any subsequent amendment notes from the official legislative repository.
Litigation history
The Regulation text supplied contains no references to litigation, judicial interpretation, or case law. There are no citations to decided cases in the body of the instrument and no appended judicial determinations. Consequently, there is no litigation history recorded within this text.
Because the instrument effects statutory transfers and reallocation of party status in instruments, disputes could potentially arise in practice,particularly concerning interpretation of which items are “scheduled” under schedule 1, valuation methodology (book vs market), the effect on security interests and creditor rights, or the sufficiency of the actions taken by named entities under the “do all things necessary” mandate. However, the provided material does not include any judicial outcomes or reported decisions that interpret or apply these provisions.
For practitioners, the absence of recorded litigation in the instrument means that statutory language will need to be interpreted on its face for transactional advice until and unless litigated. If disputes arise over the statutory substitutions (for example, challenges to the statutory transfer of rights without counterparty consent or claims about impairment of security priorities), those matters would be litigated under the ordinary dispute resolution avenues available to the parties, and any judicial treatment would then create the litigation history that is presently absent.
Users who require authoritative judicial interpretation should therefore look beyond this instrument to court records and decisions, which are not included in the supplied material. The Regulation itself is stated in mandatory terms and will be applied as enacted unless and until interpreted differently by a court.
Gotchas
This Regulation contains several concrete mechanics and prescribed treatments that can create operational traps if overlooked. Below are the principal items to watch for, grounded in the statutory text.
Valuation is fixed at pre‑commencement book value. Multiple provisions require parties to treat the value of transferred assets and liabilities as the value recorded in the relevant entity’s accounts “immediately before this section commences” (secs 9(3), 10(3), 11(4)(b), 15(3)(b), 23(4)(b)). That means market values, assessed valuations or post‑commencement movements are not the statutory basis. Entities must ensure their pre‑commencement accounts correctly reflect the values intended to be captured by the Regulation; otherwise the statutory accounting characterisation could produce outcomes inconsistent with commercial expectations.
Broad “do all things necessary” obligations are mandatory and open‑ended. Multiple sections impose a duty to “do all things necessary” to enable transfers or assumptions (secs 9(2), 10(2), 11(3), 15(2), 23(3)). There is no list of required steps in the text, so operational scope is wide. Practitioners must identify and document the discrete legal acts needed to give effect to the statutory transfers (board minutes, execution of deeds, registrations, notices to creditors), because the regulation imposes the duty to take such steps but does not prescribe them.
Statutory substitution rather than novation. The Regulation takes rights and obligations under scheduled debt instruments to be transferred to the State or EQL and takes the State or EQL to be a party instead of the original entity (secs 12(1)-(2), 24(1)-(2)). This statutory substitution bypasses customary novation consent processes. Counterparties to debt instruments may have contractual provisions entitling them to consent or to exercise remedies on change of party; the Regulation does not address or restrain those counterparty rights. Expect to review each instrument for change-of-control, assignment and remedy clauses.
QTC debt facilities treated by book value. The Regulation singled out QTC debt facilities and directs that indebtedness under those facilities is to be treated at book value immediately before commencement (secs 11(4)(c), 23(4)(c)). Where QTC facilities have complex pricing or contingent items, parties must ensure the book-value figure used for the statutory accounting entry is clearly calculated and documented before the relevant commencement date.
Contractual reference redirection is narrow in scope. Section 16 only redefines a contract reference to shareholding Ministers where the provision both contains that reference and “relates to the disclosure of information to the shareholding Ministers” (sec.16(1)). Provisions that mention shareholding Ministers in other contexts are not automatically redirected by sec.16. Similarly, sec.24 reinterprets references in scheduled debt instruments to be references to EQL (sec.24(2)(d)-(e)); but the re‑reading is limited to instruments characterised as “scheduled” under schedule 1.
Timing and sequencing matters. Commencement is staged (sec.2). Part 2 commences on 30 June 2016, with Parts 3-4, 5-6, 7-8 following in sequence and Part 9 immediately before 1 July 2016 (sec.2). The order in which assets, shares and liabilities are shifted may create short windows where titles, security interests or counterparties are in transition. Operational planning must reflect the staged commencement sequence.
“State” and entity definitions depend on schedule 1. The instrument uses defined entity labels (EEQ, Ergon, EQL, the State, energy company) and refers to defined chattels (scheduled assets, scheduled liabilities, scheduled debt instruments) without reproducing those definitions here. The exact parties and items in scope therefore depend on the dictionary in schedule 1 (sec.3). Confirming the schedule is essential before acting.
No express process for public register changes. The Regulation does not specify processes for updating public registers, security filings or property titles. Parties are required to do all things necessary but the instrument does not direct a defined public filing procedure. Practitioners must consider what filings are needed under other statutes to ensure external registers reflect the statutory transfers.
Contract counterparty reactions. Although the Regulation takes instruments to apply to new parties, counterparties may dispute the effect or trigger contractual remedies (for example, a lender may have a right to accelerate on assignment or change of obligor). The statutory substitution does not eliminate such contractual consequences in practice; it provides the substituted party with standing but does not prevent contractual remedies being invoked.
Accounting and audit verification. The prescribed “must treat” accounting approach may raise audit queries, particularly where book values are close to carrying values, or where assets have contingent or disputed valuations. Entities should document the pre‑commencement accounting positions and the basis for any book values used because those values are determinative under the Regulation (secs 9(3), 10(3), 11(4), 15(3), 23(4)).
Each of these matters follows from the plain language of the instrument and will require concrete operational work to manage risk and to ensure the statutory effects are reflected accurately in accounts, registers and contractual relationships.
How to comply
Compliance under the Regulation requires translational work: turning the statutory directives into executed deeds, accounting entries, register updates and communications. The instrument repeatedly imposes broad duties to “do all things necessary” and prescribes particular accounting treatments and statutory substitutions (see secs 9-12, 15-16, 23-24). The following practical checklist is grounded in the statutory text.
Read schedule 1 and confirm scope. The Regulation’s defined terms,“scheduled asset”, “scheduled liability”, “scheduled debt instrument”, “energy company”, and the identities of EEQ, EQL, Ergon and the State,are defined in the dictionary in schedule 1 (sec.3). Compliance starts with identifying exactly which assets, liabilities, instruments and contracts fall within those definitions.
Map transfers and substitutions against commencement sequencing. Use sec.2 to determine the operative commencement timing for each part and plan the sequence of implementation steps so that transfers and assumptions occur in the statutory order.
Prepare pre‑commencement account valuations and documentation. Because the Regulation fixes values at the amounts recorded in accounts immediately before each section commences (secs 9(3), 10(3), 11(4)(b), 15(3)(b), 23(4)(b)), ensure that the accounts used to derive these figures are finalised, audited or signed off as required internally before the relevant commencement date. Document the accounting positions and the precise book-value figures used.
Identify scheduled debt instruments and review their terms. For each instrument captured, identify whether contractual consent to assignment/novation is required. The Regulation treats scheduled debt instruments as applying to the State or EQL by statutory operation (secs 12(1), 24(1)), but practical compliance requires checking for contractual triggers, notice provisions, security registrations and remedies that counterparties might exercise.
Execute necessary deeds and certificates to effect transfers. Although the statutory substitution operates by the Regulation’s terms, particular assets (land, licences, intellectual property) may require formal transfer documents to be effective under other laws. The parties’ “must do all things necessary” duty (secs 9(2), 10(2), 11(3), 15(2), 23(3)) contemplates such acts. Prepare and sign deeds, share transfer forms and title transfer instruments as needed.
Update internal registers and financial statements. Make the prescribed accounting entries reflecting distributions, redemptions or contributions to contributed equity as directed (secs 9(3), 10(3), 11(4), 15(3), 23(4)). Update share registers to show transfers to EQL (sec.15(1)). Maintain contemporaneous audit trails showing how book values were determined.
Notify counterparties and relevant stakeholders. While the Regulation effects statutory substitutions, practical implementation will often require notifying lenders, counterparties and regulators,particularly for debt instruments, security interests and material contracts. For contracts that reference shareholding Ministers and relate to disclosure obligations, confirm whether sec.16 applies and notify counterparties if their contact points change (sec.16).
Address security and registration matters. For assets subject to registered security, take the steps necessary under the relevant registration systems to preserve or re-register security where needed so that priority and enforceability are maintained. The Regulation does not itself perform public-register updates.
Document the implementation strategy and compliance decisions. Because the Regulation uses broad mandatory language, keep contemporaneous governance records showing board approvals, legal opinions, executed deeds, account sign-offs, and communications with counterparties. This documentation evidences compliance with the “do all things necessary” direction.
Maintain a register of QTC debt facility book-value calculations. The Regulation specifically requires book values for QTC facilities to be used in the accounting treatment (secs 11(4)(c), 23(4)(c)). Prepare a documented calculation and reconciliation supporting the book-value figure that will be used.
Check contract clauses for disclosure‑related references to shareholding Ministers. For any contract provision that both contains a reference to “shareholding Ministers of an energy company” and “relates to the disclosure of information” to those Ministers, treat the reference as now pointing to the shareholding Ministers of EQL (sec.16(1)-(2)). Update contract administration and disclosure contact lists accordingly.
Plan for potential counterparty reactions. Since the Regulation substitutes parties for debt instruments by operation of law (secs 12, 24), counterparties may respond under contractual remedy provisions. Prepare contingency steps for potential lender demands, covenant queries, or security enforcement actions.
Coordinate with auditors and financial controllers. Because the Regulation prescribes account treatments that are determinative for financial statements, engage auditors early to obtain comfort on the accounting approach and evidence required to support mandated entries.
Preserve evidence of implementation relative to the commencement schedule. Because values and treatments are fixed at pre‑commencement accounts (secs 9(3), 10(3), 11(4), 15(3), 23(4)) and because Parts commence in sequence (sec.2), maintain records showing the date and manner in which each step was completed in relation to the relevant commencement timing.
Completing these actions will implement the Regulation’s directives to transfer assets and shares, assign or reallocate liabilities and debt instruments, and reflect those transactions in accounts and registers as required by the statutory text (secs 9-12, 15-16, 23-24; sec.2; sec.3).
pt.5 Transfer of scheduled assets, assumption of scheduled liabilities and application of scheduled debt instruments of energy companies
Transfer of scheduled assets, assumption of scheduled liabilities and application of scheduled debt instruments of energy companies
sec.10 Scheduled assets
sec.10 Scheduled assets
Each energy company’s scheduled assets are transferred to the State.
Each energy company must do all things necessary to enable the scheduled assets to be transferred to the State.
For this section, each energy company must treat—
the transfer of a scheduled asset to the State as a distribution to an owner that is to be considered as a redemption of contributed equity; and
the value of a scheduled asset as being the value of the asset recorded in the accounts of the energy company immediately before this section commences.
(sec.10-ssec.1) Each energy company’s scheduled assets are transferred to the State.
(sec.10-ssec.2) Each energy company must do all things necessary to enable the scheduled assets to be transferred to the State.
(sec.10-ssec.3) For this section, each energy company must treat— the transfer of a scheduled asset to the State as a distribution to an owner that is to be considered as a redemption of contributed equity; and the value of a scheduled asset as being the value of the asset recorded in the accounts of the energy company immediately before this section commences.
(a) the transfer of a scheduled asset to the State as a distribution to an owner that is to be considered as a redemption of contributed equity; and
(b) the value of a scheduled asset as being the value of the asset recorded in the accounts of the energy company immediately before this section commences.
sec.11 Scheduled liabilities
sec.11 Scheduled liabilities
Each energy company is released from its scheduled liabilities.
The scheduled liabilities are assumed by the State.
Each energy company must do all things necessary to enable the scheduled liabilities to be assumed by the State.
For this section, each energy company must treat—
the assumption of a scheduled liability by the State as a contribution by an owner that is to be considered as an increase in contributed equity; and
the value of a scheduled liability as being the value of the liability recorded in the accounts of the energy company immediately before this section commences; and
the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the energy company immediately before this section commences.
(sec.11-ssec.1) Each energy company is released from its scheduled liabilities.
(sec.11-ssec.2) The scheduled liabilities are assumed by the State.
(sec.11-ssec.3) Each energy company must do all things necessary to enable the scheduled liabilities to be assumed by the State.
(sec.11-ssec.4) For this section, each energy company must treat— the assumption of a scheduled liability by the State as a contribution by an owner that is to be considered as an increase in contributed equity; and the value of a scheduled liability as being the value of the liability recorded in the accounts of the energy company immediately before this section commences; and the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the energy company immediately before this section commences.
(a) the assumption of a scheduled liability by the State as a contribution by an owner that is to be considered as an increase in contributed equity; and
(b) the value of a scheduled liability as being the value of the liability recorded in the accounts of the energy company immediately before this section commences; and
(c) the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the energy company immediately before this section commences.
sec.12 Scheduled debt instruments
sec.12 Scheduled debt instruments
Each scheduled debt instrument of an energy company applies to the State instead of the energy company that was a party to the instrument immediately before this section commences.
Without limiting subsection (1) —
any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the energy company to the State; and
a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of an energy company is taken to have been given to, by or in favour of the State; and
the State is taken to be a party to a scheduled debt instrument instead of the energy company; and
a reference to an energy company in a scheduled debt instrument is taken to be a reference to the State; and
a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the energy company.
(sec.12-ssec.1) Each scheduled debt instrument of an energy company applies to the State instead of the energy company that was a party to the instrument immediately before this section commences.
(sec.12-ssec.2) Without limiting subsection (1) — any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the energy company to the State; and a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of an energy company is taken to have been given to, by or in favour of the State; and the State is taken to be a party to a scheduled debt instrument instead of the energy company; and a reference to an energy company in a scheduled debt instrument is taken to be a reference to the State; and a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the energy company.
(a) any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the energy company to the State; and
(b) a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of an energy company is taken to have been given to, by or in favour of the State; and
(c) the State is taken to be a party to a scheduled debt instrument instead of the energy company; and
(d) a reference to an energy company in a scheduled debt instrument is taken to be a reference to the State; and
(e) a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the energy company.
pt.7 Transfer of shares and particular references in contracts
Transfer of shares and particular references in contracts
sec.15 Shares
sec.15 Shares
Each energy company’s shares are transferred to EQL.
Each energy company and EQL must do all things necessary to enable the shares to be transferred to EQL.
For this section, each energy company and EQL must treat—
the transfer of the shares to EQL as a contribution by owners that is to be considered as an increase in contributed equity; and
the value of the shares as being the value of the shares recorded in the accounts of the State immediately before this section commences.
(sec.15-ssec.1) Each energy company’s shares are transferred to EQL.
(sec.15-ssec.2) Each energy company and EQL must do all things necessary to enable the shares to be transferred to EQL.
(sec.15-ssec.3) For this section, each energy company and EQL must treat— the transfer of the shares to EQL as a contribution by owners that is to be considered as an increase in contributed equity; and the value of the shares as being the value of the shares recorded in the accounts of the State immediately before this section commences.
(a) the transfer of the shares to EQL as a contribution by owners that is to be considered as an increase in contributed equity; and
(b) the value of the shares as being the value of the shares recorded in the accounts of the State immediately before this section commences.
sec.16 Contracts
sec.16 Contracts
This section applies if a provision of a contract—
contains a reference to shareholding Ministers of an energy company; and
relates to the disclosure of information to the shareholding Ministers.
The reference is taken to be a reference to the shareholding Ministers of EQL.
(sec.16-ssec.1) This section applies if a provision of a contract— contains a reference to shareholding Ministers of an energy company; and relates to the disclosure of information to the shareholding Ministers.
(sec.16-ssec.2) The reference is taken to be a reference to the shareholding Ministers of EQL.
(a) contains a reference to shareholding Ministers of an energy company; and
(b) relates to the disclosure of information to the shareholding Ministers.
pt.9 Assumption of scheduled liabilities and application of scheduled debt instruments of the State
Assumption of scheduled liabilities and application of scheduled debt instruments of the State
sec.23 Scheduled liabilities
sec.23 Scheduled liabilities
The State is released from its scheduled liabilities.
The scheduled liabilities are assumed by EQL.
EQL must do all things necessary to enable the scheduled liabilities to be assumed by EQL.
For this section, EQL must treat—
the assumption of a scheduled liability by EQL as a distribution to owners that is to be considered as a redemption of contributed equity; and
the value of a scheduled liability as being the value of the liability recorded in the accounts of the State immediately before this section commences; and
the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the State immediately before this section commences.
(sec.23-ssec.1) The State is released from its scheduled liabilities.
(sec.23-ssec.2) The scheduled liabilities are assumed by EQL.
(sec.23-ssec.3) EQL must do all things necessary to enable the scheduled liabilities to be assumed by EQL.
(sec.23-ssec.4) For this section, EQL must treat— the assumption of a scheduled liability by EQL as a distribution to owners that is to be considered as a redemption of contributed equity; and the value of a scheduled liability as being the value of the liability recorded in the accounts of the State immediately before this section commences; and the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the State immediately before this section commences.
(a) the assumption of a scheduled liability by EQL as a distribution to owners that is to be considered as a redemption of contributed equity; and
(b) the value of a scheduled liability as being the value of the liability recorded in the accounts of the State immediately before this section commences; and
(c) the value of the indebtedness under the QTC debt facilities as being the book value of the indebtedness under the QTC debt facilities recorded in the accounts of the State immediately before this section commences.
sec.24 Scheduled debt instruments
sec.24 Scheduled debt instruments
Each scheduled debt instrument of the State applies to EQL instead of the State.
Without limiting subsection (1) —
any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred from the State to EQL; and
a scheduled debt instrument, including a benefit or right provided by a scheduled debt instrument, given to, by or in favour of the State is taken to have been given to, by or in favour of EQL; and
EQL is taken to be a party to a scheduled debt instrument instead of the State; and
a reference to an energy company or the State in a scheduled debt instrument is taken to be a reference to EQL; and
a reference to the shareholding Ministers of an energy company in a scheduled debt instrument is taken to be a reference to the shareholding Ministers of EQL; and
a scheduled debt instrument under which an amount is, or may become, payable to or by an energy company or the State is taken to be an instrument under which the amount is, or may become, payable to or by EQL in the way the amount was, or might have become, payable to or by the energy company or the State.
(sec.24-ssec.1) Each scheduled debt instrument of the State applies to EQL instead of the State.
(sec.24-ssec.2) Without limiting subsection (1) — any right, title, interest or liability arising under or relating to a scheduled debt instrument is taken to be transferred
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