Waste Assets Management Corporation Act 2010
6Proceeds of transaction
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6 Proceeds of transaction
6 Proceeds of transaction
(1) The proceeds of the transfer of WSN assets to the private sector pursuant to the authorised transaction (the transaction proceeds) belong to and are payable directly to the State.
(2) The transaction proceeds paid to the State are to be paid as follows—
(a) the amount of all outstanding WAMC landfill liabilities on the completion of the authorised transaction (determined as provided by section 7) is to be paid into the WAMC Landfill Rehabilitation Fund under that section,
(b) the balance of the transaction proceeds are to be paid into the Consolidated Fund.
(3) The following deductions are authorised to be made from the transaction proceeds—
(a) deduction of such amounts as the Treasurer approves to repay debt and satisfy other liabilities of a public sector agency in respect of WSN assets transferred for the purposes of the authorised transaction,
(b) deduction of such amounts as the Treasurer approves to reimburse public sector agencies for payments made by them in respect of any tax, duty, fee or charge imposed by any Act or law of the State or any other jurisdiction in connection with a transaction arrangement,
(c) deduction of such amounts as the Treasurer approves to satisfy any liability of a public sector agency arising under or in connection with a transaction arrangement,
(d) deduction of such amounts as the Treasurer approves to meet expenses reasonably incurred by public sector agencies for the purposes of the authorised transaction.
(4) The transaction proceeds do not include any amount certified by the Treasurer to have been paid to a public sector agency as a tax, duty, fee or charge imposed by any Act or law of the State in connection with a transaction arrangement.
(5) The deductions authorised to be made from the transaction proceeds may be made before payment of transaction proceeds into the Consolidated Fund or may be made by payment from the Consolidated Fund.
(6) The requirements of this section do not affect the validity of a transaction arrangement.