QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.92BWWhat are withdrawal costs
Start here
Get a plain-English read of sec.92BW
Turn the raw legal text into a practical explanation grounded in South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.
### sec.92BW What are withdrawal costs
Withdrawal costs , for Allconnex or a withdrawn council, are costs it has incurred, or will incur, because of any of the following—
it becoming, or ceasing to be, a service provider;
a withdrawn council’s commercialisation of a significant business or creation of a commercial business unit under section 92AJ ;
the retransfer scheme;
the retransfer;
complying with any retransfer document;
Allconnex’s dissolution;
any matter consequential or incidental to a matter mentioned in paragraphs (a) to (f) ;
any other matter relating to the matters mentioned in paragraphs (a) to (g) prescribed under a regulation.
However, withdrawal costs do not include costs—
for anticipated or actual revenue or profits; or
for a failure to realise anticipated savings; or
that a withdrawn council incurred from the beginning of 1 July 2012 in relation to the retransfer staff support framework; or
that a withdrawn council (or any of its predecessors) would ordinarily incur as a service provider or local government had this Act never been enacted; or
of a type prescribed under a regulation.
In this section—
costs includes—
loss or damage; and
costs that Allconnex or a withdrawn council has incurred or will incur for services they provide for themselves.
s 92BW ins 2012 No. 1 s 23
amd 2012 No. 13 s 13 (retro)
(sec.92BW-ssec.1) Withdrawal costs , for Allconnex or a withdrawn council, are costs it has incurred, or will incur, because of any of the following— it becoming, or ceasing to be, a service provider; a withdrawn council’s commercialisation of a significant business or creation of a commercial business unit under section 92AJ ; the retransfer scheme; the retransfer; complying with any retransfer document; Allconnex’s dissolution; any matter consequential or incidental to a matter mentioned in paragraphs (a) to (f) ; any other matter relating to the matters mentioned in paragraphs (a) to (g) prescribed under a regulation.
(sec.92BW-ssec.2) However, withdrawal costs do not include costs— for anticipated or actual revenue or profits; or for a failure to realise anticipated savings; or that a withdrawn council incurred from the beginning of 1 July 2012 in relation to the retransfer staff support framework; or that a withdrawn council (or any of its predecessors) would ordinarily incur as a service provider or local government had this Act never been enacted; or of a type prescribed under a regulation.
(sec.92BW-ssec.3) In this section— costs includes— loss or damage; and costs that Allconnex or a withdrawn council has incurred or will incur for services they provide for themselves.
- (a) it becoming, or ceasing to be, a service provider;
- (b) a withdrawn council’s commercialisation of a significant business or creation of a commercial business unit under section 92AJ ;
- (c) the retransfer scheme;
- (d) the retransfer;
- (e) complying with any retransfer document;
- (f) Allconnex’s dissolution;
- (g) any matter consequential or incidental to a matter mentioned in paragraphs (a) to (f) ;
- (h) any other matter relating to the matters mentioned in paragraphs (a) to (g) prescribed under a regulation.
- (a) for anticipated or actual revenue or profits; or
- (b) for a failure to realise anticipated savings; or
- (c) that a withdrawn council incurred from the beginning of 1 July 2012 in relation to the retransfer staff support framework; or
- (d) that a withdrawn council (or any of its predecessors) would ordinarily incur as a service provider or local government had this Act never been enacted; or
- (e) of a type prescribed under a regulation.
- (a) loss or damage; and
- (b) costs that Allconnex or a withdrawn council has incurred or will incur for services they provide for themselves.