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Moomba-Sydney Pipeline System Sale Act 1994
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#### 3 Definitions
(1) In this Act, unless the contrary intention appears:
> AGL means The Australian Gas Light Company.
> asset means:
(a) any legal or equitable estate or interest in real or personal property, including a contingent or prospective one; and
(b) any right, privilege or immunity, including a contingent or prospective one;
but does not include a Commonwealth record under the Archives Act 1983.
> asset purchase agreement means the agreement made between the Commonwealth and Newco on the sale day for the sale of the Moomba‑Sydney pipeline system.
> authorised person means:
(a) the Minister; or
(b) a person authorised by the Minister, in writing, for the purposes of this Act.
> Authority means the Pipeline Authority established by the Pipeline Authority Act 1973.
> Authority instrument means an instrument that is specified in Schedule 3 to the asset purchase agreement.
> Commonwealth‑AGL agreement means the agreement made between the Commonwealth and AGL on 18 November 1993 in relation to the sale of the Moomba‑Sydney pipeline system.
> Commonwealth‑guaranteed debt means a debt and any other related obligations whose performance is guaranteed by the Commonwealth.
> DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.
> dual destination instrument means an Authority or Pacenco instrument, that relates to a dual destination interest.
> dual destination interest means an easement or other right in relation to land, that is specified in the easement agreement.
> easement agreement means the agreement made between the Commonwealth and Newco on the sale day in relation to their ownership as tenants in common of all dual destination interests.
> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
> instrument includes a document but does not include a Commonwealth legislative instrument other than an instrument under the Lands Acquisition Act 1955, the Lands Acquisition Act 1989 or the Industrial Relations Act 1988.
> land means:
(a) a legal or equitable estate or interest in land; or
(b) a right, power or privilege in relation to land.
> liabilities means liabilities and duties, including contingent or prospective ones.
> Long Service Leave Act means the Long Service Leave (Commonwealth Employees) Act 1976 as in force immediately before the sale day.
> Maternity Leave Act means the Maternity Leave (Commonwealth Employees) Act 1973.
> Newco means the body corporate nominated under section 6.
> Newco body means Newco or a Newco subsidiary.
> Pacenco means Pacenco Proprietary Limited (A.C.N. 060 349 948).
> Pacenco instrument means an instrument that is specified in Schedule 4 to the asset purchase agreement.
> petroleum means any of the following, whether in a gaseous, liquid or solid state:
(a) any naturally occurring hydrocarbon;
(b) any naturally occurring mixture of hydrocarbons;
(c) any naturally occurring mixture of one or more hydrocarbons and one or more of the following:
(i) hydrogen sulphide;
(ii) nitrogen;
(iii) helium;
(iv) carbon dioxide;
(d) any hydrocarbon or mixture of hydrocarbons produced by refining a substance referred to in paragraph (a), (b) or (c);
(e) any mixture of a hydrocarbon or hydrocarbons so produced with another substance or other substances.
> post‑sale transferee means a staff member of the Authority who becomes employed by Newco under subsection 57(2) or 60(2).
> sale day has the meaning given by subsection 4(1).
> share, in relation to a body corporate, means a share in the body corporate’s share capital.
> SRC Act means the Safety, Rehabilitation and Compensation Act 1988.
> staff member of the Authority means a person who is an officer (other than a director) or employee of the Authority.
> staff transfer agreement means the agreement made between:
(a) AGL on its own behalf and on behalf of other prospective buyers of shares in Newco; and
(b) the unions who represent the staff of the Authority; and
(c) the Authority;
before the sale day in relation to the transfer of staff to Newco.
> transferring staff member means a staff member of the Authority who becomes employed by Newco under subsection 8(2).
(2) For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined under the Corporations Law.