Attention: The Executive Director,
Grains Group
Victorian Farmers Federation
Address: Level 3
Farrer House
24–28 Collins Street
Facsimile: (03) 9207 5539
2.29. CONTINUITY OF GEB
The State shall ensure that the GEB shall continue in existence with undiminished power for as long as is necessary for it to perform its obligations under this agreement for a period of up to 12 months after the Completion Date.
GENERAL
30.1 No Merger
Any rights and obligations of the parties under this agreement which are expressed to operate or may have effect upon or after Completion or have not been fulfilled in whole or in part by Completion, as the case may be, (including the representations, warranties and indemnities made and given pursuant to this agreement) shall not merge on Completion, but shall remain in full force and effect.
30.2 Time of the Essence
Time shall be of the essence of this agreement.
30.3 Waiver
The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing signed by the party to be bound by the waiver.
30.4 Amendment
The parties may from time to time by agreement in writing vary any provision of this agreement and—
(a) a Minister of the Crown must cause a copy of that agreement to be laid before each House of Parliament within 6 sitting days of the House following the making of that agreement;
(b) that agreement comes into operation on the expiration of 6 sitting days after a copy of that agreement has been laid before each House of Parliament unless revoked in whole or in part by either House of Parliament;
(c) paragraphs (a) and (b) shall not apply to the giving of a waiver, a failure of a party to require full or part performance of an obligation or the granting of or agreement to an extension of time under this agreement.
30.5
Section 51 - Grain Handling and Storage Act 1995 - Druitt Street | Zoe
Attorneys
Each attorney who executes this agreement on behalf of a party declares that the attorney has no notice of the revocation or suspension of the power of attorney under the authority of which the attorney executes this agreement.
30.6 Severability
Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
30.7 Counterparts
This Agreement may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.
30.8 Further Assurance
Each party shall do, sign, execute and deliver and shall procure that each of its employees and agents does, signs, executes and delivers, all deeds, documents, instruments and acts reasonably required of it or them by notice from another party to effectively carry out and give full effect to this agreement and the rights and obligations of the parties under it.
30.9 Entire Agreement
This Agreement is the entire agreement of the parties on the subject matter. The only enforceable obligations and liabilities of the parties in relation to the subject matter are those that arise out of the provisions contained in this agreement. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this agreement.
LAW AND JURISDICTION
31.1 Governing Law
This Agreement is governed by the law in force in Victoria.
31.2 Submission to Jurisdiction
The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement.
EXECUTED as an agreement.
| Signed for and on behalf of THE STATE OF VICTORIA by the Honourable Alan Stockdale, MP, Treasurer in the presence of: | | |
| Peter Coatman ............................................... | | Alan R. Stockdale ..................................... |
| Witness: | | |
| THE COMMON SEAL of VICGRAIN OPERATIONS LIMITED was affixed in the presence of, and the sealing is attested by: | ⎪ | (L.S.) |
| Peter Alleyne Cook ............................................... | | Allan Donald McCallum ........................................ |
| THE COMMON SEAL of VICTORIAN GRAIN SERVICES LIMITED was affixed in the presence of, and the sealing is attested by: | ⎪ | (L.S.) |
| Peter Alleyne Cook ............................................... | | Allan Donald McCallum ........................................ |
| THE COMMON SEAL of GRAINCORP OPERATIONS LIMITED was affixed in the presence of, and the sealing is attested by: | ⎪ | (L.S.) |
| Ron O'Meara ............................................... | | David Groves ........................................ |
| THE COMMON SEAL of AUSTRALIAN BARLEY BOARD was affixed in the presence of, and the sealing is attested by: | ⎪ | (L.S.) |
| B. D. Banbury ............................................... | | K. Dingwall ........................................ |
SCHEDULE 1
ASSETS
Item 1—Plant & Equipment Leases
All leases of photocopiers or other equipment used by the Business to which the GEB is a party.
Item 2—Shares
All issued Shares in the GEB Subsidiary.
Item 3—Current Assets
Current assets comprising:
Cash at bank and on hand
Investments
Debtors and Accrued Revenue
Term Deposits
Stores
as defined in the Balance Sheet and Notes of the GEB in its 1994 Annual Report.
Item 4—Right, Title and Interest in Contracts
All the right, title and interest of the GEB in Contracts.
Item 5—Other Associated Assets
All other rights and assets connected with the Business, including:
rights under warranties relating to equipment;
goodwill;
intellectual property rights;
and excluding—
any rights arising out of the Act, other than those expressly referred to in this agreement.
SCHEDULE 2
EXCLUDED LIABILITIES
The following loans—
| LENDER | LOAN NUMBER |
| VTBA | 21 |
| VICFIN | 241 |
| VICFIN | 245 |
| VICFIN | 250 |
| VICFIN | 246 |
| VICFIN | 244 |
| VICFIN | 253 |
| VICFIN | 252 |
| VICFIN | 254 |
| Commonwealth of Australia | 38 |
| Commonwealth of Australia | 134 |
| Local Government Finance Authority S.A. | 89 |
| Local Government Finance Authority S.A. | 131 |
| Local Government Finance Authority S.A. | 136 |
| National Nominees Ltd | 131 |
| Prudential Assurance Company | 51 |
| Prudential Assurance Company | 62 |
| Prudential Assurance Company | 79 |
| Prudential Assurance Company | 114 |
| Prudential Assurance Company | 121 |
| State Superannuation Board Victoria | 224 |
| State Superannuation Board Victoria | 225 |
| State Superannuation Board Victoria | 226 |
| Westpac Custodian Nominees | 35 |
| Westpac Custodian Nominees | 64 |
| Westpac Custodian Nominees | 126 |
| Westpac Custodian Nominees | 140 |
| Port of Portland Authority | GT5 |
| Port of Portland Authority | 27 |
| Port of Portland Authority | 24 |
| Port of Portland Authority | 32/280 |
SCHEDULE 3
PROJECTED SCHEDULE OF ASSETS (OTHER THAN SHARES) AND LIABILITIES OF THE BUSINESS
The items described in this Schedule are defined in the same way as in the Balance Sheet and Notes of the GEB in its 1994 Annual Report.
Sch. 2 repealed by No. 73/2003 s. 18.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 11 May 1995
Legislative Council: 6 June 1995
The long title for the Bill for this Act was "A Bill to make further provision for regulating the handling and storage of grain, to repeal the Grain Elevators Board Act 1958 and for other purposes.".
The Grain Handling and Storage Act 1995 was assented to on 14 June 1995 and came into operation as follows:
Part 1 (sections 1–4) on 14 June 1995: section 2(1); sections 5–12, 26–38 on 14 June 1995; section 13–25, 39(1) on 1 July 1995: Special Gazette (No. 49) 14 June 1995 page 1; section 39(2) on 1 January 1996: Special Gazette (No. 124) 19 December 1995 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Grain Handling and Storage Act 1995 by Acts and subordinate instruments.
| Assent Date: | 18.6.96 |
| Commencement Date: | S. 134(5) on 18.6.96: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
Transfer of Land (Single Register) Act 1998, No. 85/1998
| Assent Date: | 17.11.98 |
| Commencement Date: | S. 24(Sch. item 31) on 1.1.99: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
Statute Law Revision Act 2000, No. 74/2000
| Assent Date: | 21.11.00 |
| Commencement Date: | S. 3(Sch. 1 item 58) on 22.11.00: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
| Assent Date: | 23.10.01 |
| Commencement Date: | Ss 83–85 on 1.1.02: s. 2 |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
Statute Law (Further Revision) Act 2002, No. 11/2002
| Assent Date: | 23.4.02 |
| Commencement Date: | S. 3(Sch. 1 item 30) on 24.4.02: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
Grain Handling and Storage (Amendment) Act 2003, No. 73/2003
| Assent Date: | 21.10.03 |
| Commencement Date: | Ss 3–18 on 22.10.03: s. 2 |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
| Assent Date: | 9.11.04 |
| Commencement Date: | Ss 58–67 on 10.11.04: s. 2 |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
Grain Handling and Storage Amendment Act 2007, No. 44/2007
| Assent Date: | 25.9.07 |
| Commencement Date: | Ss 4, 9(1) on 26.9.07: s. 2(1); ss 3, 5–8, 9(2), 10–12 on 1.1.08: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
Commercial Arbitration Act 2011, No. 50/2011
| Assent Date: | 18.10.11 |
| Commencement Date: | S. 46(Sch. item 9) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
| Assent Date: | 27.6.14 |
| Commencement Date: | S. 33(Sch. item 15) on 30.6.14: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
| Assent Date: | 20.8.19 |
| Commencement Date: | Ss 24, 25 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1 |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |
| Assent Date: | 19.10.21 |
| Commencement Date: | Ss 126–128 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 |
| Current State: | This information relates only to the provision/s amending the Grain Handling and Storage Act 1995 |