Government Owned Corporations (QTSC Corporatisation) Regulation 1994
GOVERNMENT OWNED CORPORATIONS (QTSC CORPORATISATION)
REGULATION 1994
QueenslandGovernment Owned
Corporations Act 1993GOVERNMENTOWNEDCORPORATIONS(QTSCCORPORATISATION)REGULATION1994Reprinted as in force on 18 June
2004(includes commenced amendments up to 2004 SL
No. 78)Reprint No. 3AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2004 SL No. 166 s 44
Information about this reprintThis
regulation is reprinted as at 18 June 2004. The reprint shows the
law as amended byall amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Also see list of legislation for anyuncommenced amendments.This page is
specific to this reprint. See previous reprints for information
about earlierchanges made under the Reprints Act 1992. A
table of reprints is included in the endnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
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s15s3Government Owned Corporations (QTSCCorporatisation) Regulation 1994GOVERNMENT OWNED CORPORATIONS(QTSC CORPORATISATION)REGULATION
1994[as amended by all amendments that commenced
on or before 18 June 2004]PART 1—PRELIMINARY1Short
titleThis regulation may be cited as theGovernmentOwnedCorporations(QTSC
Corporatisation) Regulation 1994.3Purpose(1)The
purpose of this regulation is—(aa)to
continue QTPTC in existence; and(a)todivestcertainassetsfrom,andreleasecertainliabilitiesof,QEC;
and(b)todivestcertainassetsfrom,andreleasecertainliabilitiesof,CBU
subsidiaries (other than TBU); and(c)to
make name changes to 2 QTSC subsidiaries; and(d)toprovideforatransitionfromCBUtoQTSC,includingtransferring
certain officers and employees of QEC to QTSC; and(e)toprovideforatransitionfromTBUtoQETC,includingtransferringcertainofficersandemployeesofQECtoQETC;and(f)to provide for a
transition from each CBU subsidiary (other thanTBU)toitscorrespondingQTSCsubsidiary,includingtransferring officers and employees;
and(g)totransfercertainoftheassetsandliabilitiesmentionedinparagraph (a) to QTSC;
and
s46s4Government Owned Corporations (QTSCCorporatisation) Regulation 1994(h)totransfercertainoftheassetsandliabilitiesmentionedinparagraph (a) to QETC; and(i)totransferassetsandliabilitiesmentionedinparagraph(b)toQTSC subsidiaries (other than QETC);
and(j)to make provision about debts owing by
QTSC and the QTSCsubsidiaries because of the transfer of
assets to them; and(k)to make QTSC a GOC; and(l)to make each QTSC subsidiary a GOC
subsidiary; and(m)to give QTSC certain duties in
relation to finalising the affairs ofQEC.(2)The purpose of this regulation extends
to matters about QTSC andthe QTSC subsidiaries after QTSC is
declared to be a GOC.4Operation of this
regulation is subject to certain Electricity Acttransitional provisions(1)The
operation of this regulation is limited to the extent necessary
toallow subsection (2) to have full
effect.(2)Despite the earlier commencement of a
provision of this regulationaboutemployees,assetsorliabilitiesofQEC,theElectricityActtransitional provisions apply as if the
provision of this regulation had notcommenced.Example—Under
provisions of this regulation (the“regulation
provisions”) certain assets ofQEC are divested
from it and become the assets of QTSC. TheElectricity Act
1994,section 2771allows for the chief executive of the
Department of Minerals and Energy toidentify certain
QEC assets and for the vesting in the State of those assets.
Althoughsection 2771commences later than the regulation
provisions commence, the sectionoperates as if
the regulation provisions had not commenced, so that neither the
chiefexecutive’s identification of QEC assets, nor
their vesting in the State, is limited by theearlier operation
of the regulation provisions.1ElectricityAct1994,section277(Transferofassetsandliabilitiestothedepartment)
s57s5Government Owned Corporations (QTSCCorporatisation) Regulation 19945DefinitionsIn this
regulation—“CBU”means the candidate GOC known as
Corporate Business Unit ofQEC.“CBU asset”see
section 6.“CBU asset schedule”means the part of
the QEC asset schedule showingassets of
CBU.“CBU balance sheet”means the part of
the QEC balance sheet showingliabilities of
CBU.“CBU liability”see section
7.“CBU subsidiaries”means the
following—(a)Capricornia Electricity Board;(b)Far North Queensland Electricity
Board;(c)Mackay Electricity Board;(d)North Queensland Electricity
Board;(e)South East Queensland Electricity
Board;(f)South West Queensland Electricity
Board;(g)TBU;(h)Wide
Bay-Burnett Electricity Board.“corporatisation
day”means 1 January 1995.“corresponding
QTSC subsidiary”means the following—(a)forCapricorniaElectricityBoard—CapricorniaElectricityCorporation;(b)forFarNorthQueenslandElectricityBoard—FarNorthQueensland
Electricity Corporation;(c)for Mackay
Electricity Board—Mackay Electricity Corporation;(d)forNorthQueenslandElectricityBoard—NorthQueenslandElectricity Corporation;(e)forSouthEastQueenslandElectricityBoard—SouthEastQueensland Electricity
Corporation;
s58s5Government Owned Corporations (QTSCCorporatisation) Regulation 1994(f)forSouthWestQueenslandElectricityBoard—SouthWestQueensland Electricity Corporation;(g)for TBU—QETC;(h)forWideBay-BurnettElectricityBoard—WideBay-BurnettElectricity
Corporation.“ElectricityActtransitionalprovisions”meanstheprovisionsoftheElectricity Act 1994,
chapter 142that are about employees, assets
orliabilities of QEC.“GBU”means
the candidate GOC known as Generation Business Unit ofQEC.“GBU asset schedule”means
the part of the QEC asset schedule showingassets of
GBU.“GBU balance sheet”means the part of
the QEC balance sheet showingliabilities of
GBU.“purposesofCBU”doesnotincludepurposesoftheElectricalSafetyCoordinationSectionofQECortheElectricalWorkersandContractors Board.“purposesof
TBU”doesnotincludepurposesoftheElectricalSafetyCoordinationSectionofQECortheElectricalWorkersandContractors Board.“QEC”means
the Queensland Electricity Commission within the meaningof
theElectricity Act 1976.“QEC
asset schedule”means a schedule prepared under this
regulationshowing assets of QEC immediately before
corporatisation day.“QEC balance sheet”meansaschedulepreparedunderthisregulationshowing
liabilities of QEC immediately before corporatisation day.“QEC
(CBU)”means QEC, but only in its capacity as CBU,
including totheextentoftheresponsibilitiesofCBU,immediatelybeforecorporatisation day.“QEC intellectual
property”means QEC Intellectual Property under
thePowerStationSaleAgreementmentionedintheStateagreementunder theGladstone Power Station Agreement Act
1993.2Electricity Act
1994, chapter 14 (Transitional and validation
provisions)
s59s5Government Owned Corporations (QTSCCorporatisation) Regulation 1994“QEC
(TBU)”means QEC, but only in its capacity as TBU,
including totheextentoftheresponsibilitiesofTBU,immediatelybeforecorporatisation day.“QETC”means
Queensland Electricity Transmission Corporation.“QGC”means Queensland Generation
Corporation.“QGCcorporatisationregulation”meanstheGovernmentOwnedCorporations (QGC Corporatisation)
Regulation 1994.“QTPTC”meanstheQueenslandTransitionalPowerTradingCorporation.“QTSC”means
Queensland Transmission and Supply Corporation.“QTSC
subsidiaries”means the following—(a)Capricornia Electricity Corporation;(b)Far North Queensland Electricity
Corporation;(c)Mackay Electricity Corporation;(d)North Queensland Electricity
Corporation;(e)Queensland Electricity Transmission
Corporation;(f)South East Queensland Electricity
Corporation;(g)South West Queensland Electricity
Corporation;(h)Wide Bay-Burnett Electricity
Corporation.“TBU”meansthesubsidiaryofCBUknownasTransmissionBusinessUnit
of QEC.“TBU asset”see section
8.“TBU liability”see section
9.“TBU asset schedule”means the part of
the QEC asset schedule showingassets of
TBU.“TBU balance sheet”means the part of
the QEC balance sheet showingliabilities of
TBU.“thirdpartyintellectualproperty”meansThirdPartyIntellectualProperty under
the Power Station Sale Agreement mentioned in theStateagreementundertheGladstonePowerStationAgreementAct
1993.
s
610s 8Government Owned
Corporations (QTSCCorporatisation) Regulation 19946Meaning of “CBU asset”(1)A CBU asset is an asset shown in the
QEC asset schedule as an assetof CBU.(2)An asset is also a CBU asset although
not shown in the QEC assetschedule as an asset of CBU if—(a)it is not shown in the QEC asset
schedule as an asset of GBU orTBU; and(b)immediately before corporatisation day
it is an asset of QEC heldfor the purposes of CBU; and(c)itisnotanassetthatbecomesanassetoftheStateundertheElectricity Act 1994,section 277.3(3)Despite anything in subsections (1) or
(2), QEC intellectual propertyheld by QEC
immediately before corporatisation day is not a CBU asset.7Meaning of “CBU liability”(1)A CBU liability is a liability shown
in the QEC balance sheet as aliability of
CBU.(2)A liability is also a CBU liability
although not shown in the QECbalance sheet as a
liability of CBU if—(a)it is not shown in the QEC balance
sheet as a liability of GBU orTBU; and(b)immediately before corporatisation day
it is a liability to whichQEC is subject for the purposes of
CBU; and(c)it is not a liability that becomes a
liability of the State under theElectricity Act
1994, section 277.8Meaning of “TBU asset”(1)A TBU
asset is an asset shown in the QEC asset schedule as an
assetof TBU.3ElectricityAct1994,section277(Transferofassetsandliabilitiestothedepartment)
s
911s 9Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(2)An asset is also a TBU asset although
not shown in the QEC assetschedule as an asset of TBU if—(a)it is not shown in the QEC asset
schedule as an asset of GBU orCBU; and(b)immediately before corporatisation day
it is an asset of QEC heldfor the purposes of TBU; and(c)itisnotanassetthatbecomesanassetoftheStateundertheElectricity Act 1994,
section 277.(3)Despite anything in subsections (1) or
(2), QEC intellectual propertyheld by QEC
immediately before corporatisation day is not a TBU asset.9Meaning of “TBU liability”(1)A TBU liability is a liability shown
in the QEC balance sheet as aliability of
TBU.(2)A liability is also a TBU liability
although not shown in the QECbalance sheet as a
liability of TBU if—(a)it is not shown in the QEC balance
sheet as a liability of GBU orCBU; and(b)immediately before corporatisation day
it is a liability to whichQEC is subject for the purposes of
TBU; and(c)it is not a liability that becomes a
liability of the State under theElectricity Act
1994, section 277.
s
9A12Government Owned Corporations
(QTSCCorporatisation) Regulation 1994s
10PART 1A—CONTINUATION OF QTPTC9AQTPTC continued(1)TheentitycalledQueenslandTransitionalPowerTradingCorporation
continues in existence.4(2)Without limiting subsection (1), QTPTC
continues—(a)to be a body corporate; and(b)to have a seal; and(c)to be able to sue and be sued in its
corporate name.PART 2—CHANGE OF NAME OF 2 QTSCSUBSIDIARIES10Change of name of 2 QTSC subsidiaries(1)South-East Queensland Electricity
Corporation’s name is changed toSouth East
Queensland Electricity Corporation.(2)South-West Queensland Electricity
Corporation’s name is changedto South West
Queensland Electricity Corporation.4Under
theGovernment Owned Corporations (Queensland
Transmission and SupplyCorporation)Regulation1994,section4,QTSCwasestablished.Subsequently,undertheGovernmentOwnedCorporations(QTSCRestructure—Stage2)Regulation1997,section30,QTSC’snamewaschangedtotheQueenslandTransitional
Power Trading Corporation. This section was inserted after
QTSC’sname was changed to QTPTC.
s
1113s 11Government Owned
Corporations (QTSCCorporatisation) Regulation 1994PART
3—PREPARATORY MATTERS11Share
capitalOn the commencement of this section5—(a)QTSC
is taken to have a share capital of $7 000 000 000 made upof 7
000 000 000 ordinary shares of $1 each; and(b)QETC
is taken to have a share capital of $2 000 000 000 made upof 2
000 000 000 ordinary shares of $1 each; and(c)CapricorniaElectricityCorporationistakentohaveasharecapital of $700 000 000 made up of 700 000
000 ordinary sharesof $1 each; and(d)Far
North Queensland Electricity Corporation is taken to have ashare
capital of $500 000 000 made up of 500 000 000 ordinaryshares of $1 each; and(e)Mackay Electricity Corporation is taken to
have a share capital of$500000000madeupof500000000ordinarysharesof$1 each; and(f)NorthQueenslandElectricityCorporationistakentohaveashare capital of
$500 000 000 made up of 500 000 000 ordinaryshares of $1
each; and(g)South East Queensland Electricity
Corporation is taken to have asharecapitalof$3000000000madeupof3000000000ordinary shares
of $1 each; and(h)South West Queensland Electricity
Corporation is taken to have ashare capital of
$500 000 000 made up of 500 000 000 ordinaryshares of $1
each; and(i)WideBay-BurnettElectricityCorporationistakentohaveashare capital of
$500 000 000 made up of 500 000 000 ordinaryshares of $1
each.5This section provides for the
authorised share capital of QTSC and each QTSCsubsidiary. Under
section 58(2) of the Act, before QTSC becomes a GOC or aQTSC
subsidiary becomes a GOC subsidiary, it must apply the part of its
capitalthat the responsible Ministers direct in
paying up, in full, shares in itself.
s
1214s 13Government Owned
Corporations (QTSCCorporatisation) Regulation 1994PART
4—QEC AND CBU SUBSIDIARIES DIVESTED OFASSETS AND
RELEASED FROM LIABILITIES12CBU and CBU
subsidiaries assets and liabilities(1)This
section takes effect immediately after 31 December 1994.(2)QECisdivestedofallCBUassetsandreleasedfromallCBUliabilities.(3)QECisdivestedofallTBUassetsandreleasedfromallTBUliabilities.(4)Each
CBU subsidiary (other than TBU) is divested of all its
assetsand released from all its liabilities.PART
5—TRANSITION TO QTSC AND QTSCSUBSIDIARIESDivision
1—Staff13Officers and employees(1)Apersonwho,immediatelybeforecorporatisationday,wasanofficer or
employee of QEC for the purposes of CBU becomes an officer
oremployee of QTSC.(2)Apersonwho,immediatelybeforecorporatisationday,wasanofficer or
employee of QEC for the purposes of TBU becomes an officer
oremployee of QETC.(3)Apersonwho,immediatelybeforecorporatisationday,wasanofficeroremployeeofaCBUsubsidiary(otherthanTBU)becomesanofficer or employee of its corresponding QTSC
subsidiary.(4)Untiltherightsofanofficeroremployeementionedinsubsections (1) to (3) are changed, the
officer or employee continues to beentitled to all
existing and accruing rights of employment.
s
1415s 14Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(5)To the extent that a right mentioned
in subsection (4) is preserved bysection 1746of the Act, subsection (4) has no
effect.(6)Ifapersonmentionedinsubsection(1)wassuspendedbyQECbeforecorporatisationday,thesuspensioncontinues,andmustbedealtwith by
QTSC.(7)Ifapersonmentionedinsubsection(2)wassuspendedbyQECbeforecorporatisationday,thesuspensioncontinues,andmustbedealtwith by
QETC.(8)If a person mentioned in subsection
(3) was suspended by a CBUsubsidiary before corporatisation day,
the suspension continues, and mustbe dealt with by
its corresponding QTSC subsidiary.(9)This
section does not apply to a person who becomes an officer ofthe
department under theElectricity Act 1994,section 276.714Positions of officers and
employees(1)Apersonwho,immediatelybeforecorporatisationday,wasthegeneral manager of
a CBU subsidiary mentioned in schedule 1 becomesthechiefexecutiveofficerofthecorrespondingQTSCsubsidiarywhenQTSC
becomes a GOC.(2)A person who under this division
becomes an officer or employee ofQTSCbecomestheholderofapositionequivalenttothepositiontheperson held for the purposes of
CBU.(3)A person who under this division
becomes an officer or employee ofQETCbecomestheholderofapositionequivalenttothepositiontheperson held for the purposes of
TBU.(4)A person who under this division
becomes an officer or employee ofa QTSC subsidiary
(other than QETC) becomes the holder of a positionequivalent to the position the person held in
the CBU subsidiary for whichthe QTSC
subsidiary is the corresponding QTSC subsidiary.(5)Subsections (2) to (4) apply subject
to subsection (1).6GovernmentOwnedCorporationsAct1993,section174(Preservationofleaveentitlements of
certain former officers and employees of government entities)7Electricity Act 1994,
section 276 (Transfer of officers to the department)
s
1516s 17Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(6)Despitesubsections(2)to(4),aperson(otherthanapersonwhobecomes a chief executive officer under
subsection (1)) does not becomethe chief
executive officer of a QTSC subsidiary.(7)However, the chief executive officer of QTSC
continues to hold theoffice of chief executive officer when
QTSC becomes a GOC.Division 2—General15Extent of application of divisionThis
division applies subject to the operation of theElectricity Act 1994,sections 286 and
287.816Successors(1)QTSC is the successor in law of QEC
(CBU).(2)QETC is the successor in law of QEC
(TBU).(3)The successor in law of each CBU
subsidiary (other than TBU) is itscorresponding QTSC
subsidiary.(4)Subsections(1)to(3)applysubjecttotheoperationofthisregulation,theQGCcorporatisationregulationandtheElectricityAct 1994.17Instruments about
CBU(1)Thissectionappliestoaninstrument(otherthanastatutoryinstrument) in existence immediately before
corporatisation day.8ElectricityAct1994,sections286(Referencestoelectricityboards,electricityauthoritiesandelectricitysupplyindustry)and287(Gladstonepowerstationprovisions)
s
1717s 17Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(2)An instrument applying to QEC for the
purposes of CBU is to applyto QTSC in place of QEC to the extent
that it applied for the purposes ofCBU.9(3)Without limiting
subsection (2), an instrument—(a)towhich,immediatelybeforecorporatisationday,QECwasaparty
for the purposes of CBU, is taken to be an instrument towhichQTSCisapartyinthewayQECwasapartyforthepurposes of CBU; and(b)givento,byorinfavourofQECforthepurposesofCBUistaken to be an
instrument given to, by or in favour of QTSC inthe way it was
given to, by or in favour of QEC for the purposesof
CBU; and(c)in which a reference is made to QEC
for the purposes of CBU(including, for example, an instrument
to which QEC was a partyfor the purposes of CBU) is taken to
be an instrument in whichthereferenceismadetoQTSCinthewaythereferencewasmade to QEC for the purposes of CBU;
and(d)under which an amount is or may become
payable to or by QECforthepurposesofCBUistakentobeaninstrumentunderwhich the amount
is or may become payable to or by QTSC inthe way the
amount was or might have become payable to or byQEC
for the purposes of CBU; and(e)under
which other property is to be, or may become liable to be,transferred, conveyed or assigned to or by
QEC for the purposesofCBUistakentobeaninstrumentunderwhichtheotherpropertyistobe,ormaybecomeliabletobe,transferred,conveyed or
assigned to or by QTSC in the way the property wasto
be, or might have become liable to be, transferred, conveyed
orassigned to or by QEC for the purposes of
CBU.(4)Despiteanythinginsubsections(1)to(3),alicenceunderwhich,immediatelybeforecorporatisationday,QEChasarighttouseQECintellectual
property or third party intellectual property does not apply
toQTSC.9Under this
provision, and under section 18(2) of this regulation and an
equivalentprovision in the QGC corporatisation
regulation, it is possible that an instrument thatpreviously applied to QEC alone could apply
to 2 or more of QGC, QTSC andQETC.
s
1818s 18Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(5)Subsections (1) to (3) do not apply to
an instrument which QEC, onorbefore31December1994,agreeswithQTSCtoassigntoQTSC,orwith
QGC to assign to QGC, or with QETC to assign to QETC, if it
isagreedtheassignmentistobecomeeffectiveatatimeearlierthanthecommencement of theElectricity Act
1994,section 3.18Instruments about TBU(1)Thissectionappliestoaninstrument(otherthanastatutoryinstrument) in
existence immediately before corporatisation day.(2)An instrument applying to QEC for the
purposes of TBU is to applyto QETC in place of QEC to the extent
that it applied for the purposes ofTBU.10(3)Without limiting
subsection (2), an instrument—(a)towhich,immediatelybeforecorporatisationday,QECwasaparty
for the purposes of TBU, is taken to be an instrument towhichQETCisapartyinthewayQECwasapartyforthepurposes of TBU; and(b)given to, by or in favour of QEC for
the purposes of TBU is takento be an
instrument given to, by or in favour of QETC in the wayit
was given to, by or in favour of QEC for the purposes of
TBU;and(c)in which a
reference is made to QEC for the purposes of TBU(including, for example, an instrument to
which QEC was a partyfor the purposes of TBU) is taken to
be an instrument in whichthereferenceismadetoQETCinthewaythereferencewasmade to QEC for the purposes of TBU;
and(d)under which an amount is or may become
payable to or by QECfor the purposes of TBU is taken to be an
instrument under whichthe amount is or may become payable to
or by QETC in the waythe amount was or might have become
payable to or by QEC forthe purposes of TBU; and10Under this provision, and under
section 17(2) of this regulation and an equivalentprovision in the QGC corporatisation
regulation, it is possible that an instrument thatpreviously applied to QEC alone could apply
to 2 or more of QGC, QTSC andQETC.
s
1919s 19Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(e)under which other property is to be,
or may become liable to be,transferred, conveyed or assigned to
or by QEC for the purposesofTBUistakentobeaninstrumentunderwhichtheotherpropertyistobe,ormaybecomeliabletobe,transferred,conveyed or
assigned to or by QETC in the way the property wasto
be, or might have become liable to be, transferred, conveyed
orassigned to or by QEC for the purposes of
TBU.(4)Despiteanythinginsubsections(1)to(3),alicenceunderwhich,immediatelybeforecorporatisationday,QEChasarighttouseQECintellectual
property or third party intellectual property does not apply
toQETC.(5)Subsections (1)
to (3) do not apply to an instrument which QEC, onor
before 31 December 1994, agrees with QETC to assign to QETC,
orwithQGCtoassigntoQGC,orwithQTSCtoassigntoQTSC,ifitisagreedtheassignmentistobecomeeffectiveatatimeearlierthanthecommencement ofElectricity Act
1994, section 3.1119Instruments about CBU
subsidiaries(1)Thissectionappliestoaninstrument(otherthanastatutoryinstrument) in existence immediately before
corporatisation day.(2)In this section—“CBU
subsidiary”does not include TBU.(3)AninstrumentapplyingtoaCBUsubsidiaryistoapplytoitscorresponding QTSC subsidiary in place
of the CBU subsidiary.(4)Without limiting
subsection (3), an instrument—(a)towhich,immediatelybeforecorporatisationday,aCBUsubsidiary was a
party, is taken to be an instrument to which itscorresponding QTSC subsidiary is a party;
and(b)given to, by or in favour of a CBU
subsidiary is taken to be aninstrument given
to, by or in favour of its corresponding QTSCsubsidiary;
and(c)in which a reference is made to a CBU
subsidiary (including, forexample,aninstrumenttowhichtheCBUsubsidiarywasa11Electricity Act
1994, section 3 (Objects of Act)
s
2020s 20Government Owned
Corporations (QTSCCorporatisation) Regulation 1994party) is taken to be an instrument in which
the reference is madeto the corresponding QTSC subsidiary;
and(d)underwhichanamountisormaybecomepayabletoorbyaCBUsubsidiaryistakentobeaninstrumentunderwhichtheamountisormaybecomepayabletoorbyitscorrespondingQTSC subsidiary;
and(e)under which other property is to be,
or may become liable to be,transferred, conveyed or assigned to
or by a CBU subsidiary istaken to be an instrument under which
the other property is to be,or may become
liable to be, transferred, conveyed or assigned toor by
its corresponding QTSC subsidiary.20Pending proceedings(1)QTSCbecomesapartytoaproceedingmentionedinschedule2,part
112instead of QEC.(2)Subjecttosubsection(1),aproceeding(otherthanaproceedingmentionedinschedule2,part213orinschedule114oftheQGCcorporatisationregulation)byoragainstQECarisingoutofactsoromissionsofQECforthepurposesofCBUthatisnotfinishedbeforecorporatisation day may be continued and
finished by or against QTSC tothe extent it
might have been continued by or against QEC for the purposesof
CBU.(3)QETCbecomesapartytoaproceedingmentionedinschedule2,part 2
instead of QEC.(4)Subjecttosubsection(3),aproceeding(otherthanaproceedingmentioned in schedule 2, part 1 or in
schedule 1 of the QGC corporatisationregulation) by or
against QEC arising out of acts or omissions of QEC forthe
purposes of TBU that is not finished before corporatisation day may
becontinued and finished by or against QETC to
the extent it might have beencontinued by or
against QEC for the purposes of TBU.12Schedule 2 (Legal proceedings), part 1
(Legal proceedings to which QTSC becomesa party instead
of QEC)13Schedule 2 (Legal proceedings), part 2
(Legal proceedings to which QETC becomesa party instead
of QEC)14GovernmentOwnedCorporations(QGCCorporatisation)Regulation1994,schedule 1 (Proceedings to which QGC
becomes a party instead of QEC)
s
2121s 22Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(5)A legal proceeding by or against a CBU
subsidiary (other than TBU)thatisnotfinishedbeforecorporatisationdaymaybecontinuedandfinished by or against its
corresponding QTSC subsidiary.PART 6—TRANSFER
OF ASSETS AND LIABILITIESDivision 1—Transfer to QTSC21Transfer of assets and liabilities to
QTSC(1)The assets mentioned in section
12(2)15become the assets of QTSC.(2)The liabilities mentioned in section
12(2) are assumed by QTSC.22Consideration for
transfer of assets to QTSC(1)The assumption of
liabilities by QTSC under section 21(2) is part ofthe
consideration for the transfer of assets to QTSC under section
21(1).(2)The remainder of the consideration is
the creation of a debt owed byQTSC to the
shareholding Ministers of the GOC that QTSC becomes underthis
regulation.(3)The terms of the debt are in schedule
3.16(4)The amount of the
debt is the market value, at 1 January 1995, of theassets
shown in the CBU asset schedule, less—(a)theamount,at1January1995,oftheliabilitiesshownintheCBU balance
sheet; and(b)anyamountthatQTSC’sresponsibleMinistersdirectQTSC,under
section 58(2)17of the Act, to apply in paying up
shares initself.15Section 12 (CBU and CBU subsidiaries assets
and liabilities)16Schedule 3 (Terms of debt)17Government Owned Corporations Act
1993, section 58 (Share capital and issue
ofshares)
s
2322s 24Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(5)For subsection (4)—(a)the market value, at 1 January 1995,
of an asset is, unless anothervaluation is
decided under subsection (6), taken to be the marketvalueshownfortheassetintheCBUassetschedulefor1 January 1995; and(b)the amount, at 1 January 1995, of the
liabilities is, unless anotheramount is decided
under subsection (6), taken to be the amountoftheliabilitiesshownintheCBUbalancesheetfor1 January 1995.(6)The
shareholding Ministers of the GOC that QTSC becomes underthis
regulation may change the CBU asset schedule or the CBU
balancesheet at any time not later than 31 March
1996 to correct the market valueof an asset or the
amount of a liability as at 1 January 1995.(7)A
change mentioned in subsection (6) must be taken into account
forcalculating the debt amount under subsection
(4).Division 2—Transfer to QETC23Transfer of assets and liabilities to
QETC(1)The assets mentioned in section
12(3)18become the assets of QETC.(2)The liabilities mentioned in section
12(3) are assumed by QETC.24Consideration for
transfer of assets to QETC(1)The assumption of
liabilities by QETC under section 23(2) is part ofthe
consideration for the transfer of assets to QETC under section
23(1).(2)The remainder of the consideration is
the creation of a debt owed byQETCtotheshareholdingMinistersoftheGOCthatQTSCbecomesunder
this regulation.(3)The terms of the debt are in schedule
3.1918Section 12 (CBU
and CBU subsidiaries assets and liabilities)19Schedule 3 (Terms of debt)
s
2523s 25Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(4)The amount of the debt is the market
value, at 1 January 1995, of theassets shown in
the TBU asset schedule, less—(a)theamount,at1January1995,oftheliabilitiesshownintheTBU balance
sheet; and(b)anyamountthatQTSC’sresponsibleMinistersdirectQETC,under
section 58(2)20of the Act, to apply in paying up
shares initself.(5)For
subsection (4)—(a)the market value, at 1 January 1995,
of an asset is, unless anothervaluation is
decided under subsection (6), taken to be the marketvalue
shown for the asset in the TBU asset schedule for 1 January1995;
and(b)the amount, at 1 January 1995, of the
liabilities is, unless anotheramount is decided
under subsection (6), taken to be the amountoftheliabilitiesshownintheTBUbalancesheetfor1 January 1995.(6)The
shareholding Ministers of the GOC that QTSC becomes underthis
regulation may change the TBU asset schedule or the TBU
balancesheet at any time not later than 31 March
1996 to correct the market valueof an asset or the
amount of a liability as at 1 January 1995.(7)A
change mentioned in subsection (6) must be taken into account
forcalculating the debt amount under subsection
(4).Division 3—Transfer to QTSC subsidiaries
(other than QETC)25DefinitionIn this
division—“QTSC subsidiary”does not include
QETC.20Government Owned Corporations Act
1993, section 58 (Share capital and issue
ofshares)
s
2624s 27Government Owned
Corporations (QTSCCorporatisation) Regulation 199426Transfer of assets and liabilities to
QTSC subsidiaries(1)TheassetsdivestedfromaCBUsubsidiaryundersection12(4)21become
the assets of the subsidiary’s corresponding QTSC
subsidiary.(2)TheliabilitiesfromwhichaCBUsubsidiaryisreleasedundersection 12(4)areassumedbythesubsidiary’scorrespondingQTSCsubsidiary.27Consideration for transfer of assets to QTSC
subsidiaries(1)TheassumptionofliabilitiesbyaQTSCsubsidiaryundersection 26(2) is
part of the consideration for the transfer of assets to thesubsidiary under section 26(1).(2)The remainder of the consideration is
the creation of a debt owed bythe QTSC
subsidiary to the shareholding Ministers of the GOC that
QTSCbecomes under this regulation.(3)The terms of the debt are in schedule
3.22(4)The amount of the
debt is the market value, at 1 January 1995, of theassets
shown in the QTSC subsidiary’s asset schedule, less—(a)theamount,at1January1995,oftheliabilitiesshownintheQTSC subsidiary’s
balance sheet; and(b)anyamountthatQTSC’sresponsibleMinistersdirectthesubsidiary, under section 58(2)23of the Act, to apply in paying
upshares in itself.(5)For
subsection (4)—(a)the market value, at 1 January 1995,
of an asset is, unless anothervaluation is
decided under subsection (7), taken to be the marketvaluespecifiedfortheassetintheQTSCsubsidiary’sassetschedule for 1 January 1995; and(b)the amount, at 1 January 1995, of the
liabilities is, unless anotheramount is decided
under subsection (7), taken to be the amount21Section 12 (CBU and CBU subsidiaries assets
and liabilities)22Schedule 3 (Terms of debt)23Government Owned Corporations Act
1993, section 58 (Share capital and issue
ofshares)
s
2825s 29Government Owned
Corporations (QTSCCorporatisation) Regulation 1994of
the liabilities shown in the QTSC subsidiary’s balance sheetfor 1
January 1995.(6)As soon as practicable after the
commencement of this section butnotlaterthan1January1996,eachQTSCsubsidiarymustcompleteitsasset
schedule and its balance sheet.(7)The
shareholding Ministers of the GOC that QTSC becomes underthis
regulation may change a QTSC subsidiary’s asset schedule or a
QTSCsubsidiary’sbalancesheetatanytimenotlaterthan31March1996tocorrectthemarketvalueofanassetortheamountofaliabilityasat1 January
1995.(8)A change mentioned in subsection (7)
must be taken into account forcalculating the
debt amount under subsection (4).PART 7—QTSC
BECOMES STATUTORY GOC28Declaration of
QTSC as GOC(1)Subsection(2)takeseffectassoonastheassetsandliabilitiesmentioned in
section 12(2) become the assets and liabilities of QTSC
undersection 21.24(2)QTSC is a GOC.29Declaration of QTSC subsidiaries as
subsidiaries of QTSC(1)Subsection (2) takes effect when QTSC
becomes a GOC.(2)Each QTSC subsidiary is a subsidiary
of QTSC.24Section 21 (Transfer of assets and
liabilities to QTSC)
s
3026s 39Government Owned
Corporations (QTSCCorporatisation) Regulation 1994PART
8—STATUS, FUNCTIONS AND DUTIES OF QTSCAND QTSC
SUBSIDIARIESDivision 1—Functions of QETC and QTSC30QETC’s and QTSC’s functionsQETC’sandQTSC’sfunctionsarestatedintheGovernmentOwnedCorporations (QTSC Restructure—Stage 2)
Regulation 1997.Division 7—Duties39QTSC
to prepare QEC asset schedule and balance sheet(1)QTSC
must, in cooperation with QGC and QETC, prepare the QECasset
schedule and the QEC balance sheet.(2)In
allocating an asset shown in the QEC asset schedule to the
CBU,GBU or TBU asset schedule, QTSC must have
regard to whether QEC heldthe asset for the purposes of CBU, GBU
or TBU.(3)In allocating a liability shown in the
QEC balance sheet to the CBU,GBU or TBU balance
sheet, QTSC must have regard to whether QEC wassubject to the
liability for the purposes of CBU, GBU or TBU.(4)The
QEC asset schedule must show the market value, at 1 January1995,
of each asset shown in it.(5)The QEC balance
sheet must show the amount, at 1 January 1995, ofthe
liabilities shown in it.(6)QTSC must not
change the QEC asset schedule or balance sheet after31
August 1995.(7)QTSC’sshareholdingMinistersmay,notlaterthan31December1995,
reallocate an asset (including a share of an asset) in the QEC
assetschedule, whether or not QGC, QTSC or QETC
asks for the reallocation.(8)QTSC’sshareholdingMinistersmay,notlaterthan31December1995,
reallocate a liability (including a share of an liability) in the
QECbalancesheet,whetherornotQGC,QTSCorQETCasksforthereallocation.
s
4027s 42Government Owned
Corporations (QTSCCorporatisation) Regulation 199440QEC’s accountsQTSC must
prepare—(a)the final accounts of QEC; and(b)allreportsaboutQECfortheperiod1July1994tothecommencement of
this section that are required under an Act.41QETC
to help QTSCQETC must—(a)giveQTSCaccesstoinformationanddocumentsreasonablyrequiredbyQTSCforthepreparationofthefinalaccountsofQEC and reports about QEC; and(b)cooperate with QTSC in QTSC’s
preparation of the QEC assetschedule and the
QEC balance sheet.PART 9—AFTER QTSC IS DECLARED A GOC42QTSC share capital(1)Undersection11(a),25QTSCistakentohaveasharecapitalof$7 000 000 000, made up of 7 000 000
000 ordinary shares of $1 each.(2)Under
section 5826of the Act, 2 of the shares have been
issued.27(3)QTSCmustissueafurther3154999998oftheshareson3 March 1995.(4)QTSCmustissueafurther215000000oftheshareson30
June 1995.25Section 11 (Share capital)26Government Owned Corporations Act
1993, section 58 (Share capital and issue
ofshares)27Under
the Act, each of QTSC’s 2 shareholding Ministers holds an equal
number ofthe issued shares (see sections 71 to 74 of
the Act).
s
4328s 43Government Owned
Corporations (QTSCCorporatisation) Regulation 1994(5)Of the shares issued under subsections
(3) and (4), 3 000 000 000 arecancelled.(6)On 29 June 2000, a further 306 775 610
of the shares issued undersubsections (3) and (4) are
cancelled.(7)QTSC must issue a further 300 000 000
of the shares not later than31 January
2003.(8)QTSC must issue a further 110 000 000
of the shares not later than30 June
2004.43QTSC subsidiaries must issue further
shares(1)Undersection11(b)to(i),28eachQTSCsubsidiarymentionedinschedule4,column1istakentohavethesharecapitalshownforthesubsidiary in
column 2, made up of ordinary shares of $1 each.(2)The shares shown in schedule 4, column
3 for each QTSC subsidiaryhave been issued for the subsidiary at
the date shown for the column.29(3)EachQTSCsubsidiarymustissuethefurthernumberofsharesshown for the
subsidiary in schedule 4, column 4 on the date shown for thecolumn.3028Section 11 (Share capital)29UndertheGovernmentOwnedCorporations(StatutoryGOCSubsidiaries)Regulation1994,QTSC,astheshareholdingGOCofeachoftheQTSCsubsidiaries,
holds all the shares issued for each QTSC subsidiary (see sections
71to 74 of the schedule to the
regulation).30Schedule 4 (Shares of QTSC
subsidiaries)
29Government Owned Corporations
(QTSCCorporatisation) Regulation 1994SCHEDULE 1CBU SUBSIDIARIES
WITH GENERAL MANAGERSWHO BECOME CHIEF EXECUTIVE
OFFICERSsection 14Far North
Queensland Electricity BoardMackay Electricity
BoardNorth Queensland Electricity BoardSouth
East Queensland Electricity BoardSouth West
Queensland Electricity Board
30Government Owned Corporations
(QTSCCorporatisation) Regulation 1994SCHEDULE 2LEGAL
PROCEEDINGSsection 20PART 1—LEGAL
PROCEEDINGS TO WHICH QTSCBECOMES A PARTY INSTEAD OF QECCourtSupreme
CourtBrisbaneDistrict
CourtBowenProceedingnumberPlaintiffDefendantWrit
No. 755 ofRoy Arthur1990MullerQueenslandElectricityCommissionPlaint No. 20 of1993Gerald VictorScellsQueenslandElectricityGeneratingBoardQueenslandElectricityCommissionQueenslandElectricitySupply
IndustrySuperannuationBoardNorthern ElectricAuthority
ofQueenslandthe
State
35Government Owned Corporations
(QTSCCorporatisation) Regulation 1994CourtSCHEDULE 2
(continued)ProceedingnumberPlaintiffDefendantQueenslandElectricityCommissionQueenslandElectricitySupply
IndustrySuperannuationBoardNorthern ElectricAuthority
ofQueenslandthe StatePART
2—LEGAL PROCEEDINGS TO WHICH QETCBECOMES A PARTY
INSTEAD OF QECCourtProceedingnumberPlaintiffDefendantSupreme
CourtBrisbaneDistrict
CourtBrisbaneWrit No. 763
ofVaughan Cook1990Plaint No. 1296 ofGregory
John1994DwyerQueenslandElectricityCommissionQueenslandElectricityCommissionSouth
EastQueenslandElectricityBoard
36Government Owned Corporations
(QTSCCorporatisation) Regulation 1994SCHEDULE 3TERMS OF
DEBTsections 22(3), 24(3) and 27(3)1DefinitionsIn this
schedule—“11 a.m. rate”means the rate
calculated by taking the buy rate (low side)of the first rate
quoted on the page numbered “AFMZ” of the ReutersMonitor System at, or approximately at, 11
a.m. (Sydney time).“business day”means a business
day for Sydney.“debtor”means the entity
owing a debt to which this schedule applies.“QTC”means
Queensland Treasury Corporation.2Interest payable(1)The
debtor must pay interest on the amount of debt unpaid from
timeto time.(2)The
interest is calculated on a daily basis and is payable monthly
inarrears.(3)Theinterestforamonthispayableonthe15thdayofthenextmonth.(4)The
interest rate for a day is the 11 a.m. rate for that day.(5)However, if the day is not a business
day, the rate of interest for theday is the 11 a.m.
rate for the last business day before the day.3Role
of QTC(1)QTC is to calculate the interest
payable.(2)QTC’s calculation binds the debtor
unless QTC makes an error thatis not a trivial
error.
37Government Owned Corporations
(QTSCCorporatisation) Regulation 1994SCHEDULE 3 (continued)4Term
of debtThe debt is repayable on or before 1 January
2005.5Assignment of debtThedebtmaybeassignedinwholeorinpartbytheshareholdingMinisters by
giving written notice to the debtor.
41Government Owned Corporations
(QTSCCorporatisation) Regulation 19943KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table of reprintsReprints are
issued for both future and past effective dates.For
the most up-to-date tableof reprints, see the reprint with the
latest effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF REPRINTSReprintNo.122A2B2C2DAmendments includedto 1995 SL No.
22to 1995 SL No. 175to 1997 SL No.
168to 1999 SL No. 32to 1999 SL No.
103to 2000 SL No. 992Eto
2002 SL No. 2753to 2002 SL No. 2753Ato
2004 SL No. 78Effective10 February
19959 June 19951 July
199731 March 199930 June
19991 June 200018 October
200218 October 200218 June
2004Reprint date23 February
199528 June 199526 August
19976 April 199913 September
199916 June 2000(Column
discontinued)NotesR2E withdrawn,
see R3
42Government Owned Corporations
(QTSCCorporatisation) Regulation 19945Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableObsolete and redundant provisionsReprint No.26List of legislationGovernmentOwnedCorporations(QTSCCorporatisation)Regulation1994SL No. 449made by the
Governor in Council on 15 December 1994notfd gaz 16
December 1994 pp 1792–7pt 3 commenced 31 December 1994 (see s
2(1))pts 4–8 commenced 1 January 1995 (see s
2(2))remaining provisions commenced on date of
notificationexp 1 September 2005 (see SIA s 54)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—Government Owned Corporations (QTSC
Corporatisation) Amendment Regulation(No. 1) 1995 SL
No. 22notfd gaz 10 February 1995 pp 552–3commenced on date of notificationGovernment Owned Corporations (QTSC
Corporatisation) Amendment Regulation(No. 2) 1995 SL
No. 175notfd gaz 9 June 1995 pp 1165–71commenced on date of notificationGovernment Owned Corporations (QTSC
Restructure—Stage 2) Regulation 1997SL No. 168 ss
1–2, 29 sch 1notfd gaz 26 June 1997 pp 899–900ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 1997 (see s 2(2))Government Owned
Corporations Legislation Amendment Regulation (No. 1) 1999SL
No. 32 ss 1–2(1), pt 5notfd gaz 26 March 1999 pp
1450–3ss 1–2 commenced on date of
notificationremaining provisions commenced 31 March 1999
(see s 2(1))GovernmentOwnedCorporations(ErgonCorporatisation)Regulation1999SL No. 103 ss 1–2, 8 schnotfd
gaz 10 June 1999 pp 579A–579Bss 1–2 commenced
on date of notificationremaining provisions commenced 30 June
1999 (see s 2)
43Government Owned Corporations
(QTSCCorporatisation) Regulation 1994Government Owned Corporations (AUSTA Wind-up)
Regulation 2000 SL No. 99 s 1pt 7notfd
gaz 1 June 2000 pp 311–12commenced on date of
notificationGovernment Owned Corporations (QTSC
Corporatisation) Amendment Regulation(No. 1) 2002 SL
No. 275notfd gaz 18 October 2002 pp 618–9commenced on date of notificationGovernment Owned Corporations (QTSC
Corporatisation) Amendment Regulation(No. 1) 2004 SL
No. 78notfd gaz 18 June 2004 pp 506–7commenced on date of notification7List of annotationsCommencements 2om R2
(see RA s 37)Purposes 3amd
1995 SL No. 22 s 3; 1999 SL No. 32 s 14Definitionss
5def“QTPTC”ins 1999 SL No.
32 s 15PART 1A—CONTINUATION OF QTPTCpt 1A
(s 9A)ins 1999 SL No. 32 s 16PART8—STATUS,FUNCTIONSANDDUTIESOFQTSCANDQTSCSUBSIDIARIESDivision
1—Functions of QETC and QTSCdiv hdgsub
1997 SL No. 168 s 29 sch 1QETC’s and QTSC’s functionss
30sub 1997 SL No. 168 s 29 sch 1Division 2—Status and functions of
QTSCdiv 2 (ss 31–32)om 1997 SL No.
168 s 29 sch 1Division 3—Status and functions of
QETCdiv 3 (ss 33–34)om 1997 SL No.
168 s 29 sch 1Division 4—Status and functions of QTSC
subsidiaries (other than QETC)div 4 (ss
35–36)om 1997 SL No. 168 s 29 sch 1Division 5—Limitations on functionsdiv 5
(s 37)om 1997 SL No. 168 s 29 sch 1Division 6—QTSC may direct
subsidiariesdiv 6 (s 38)om 1997 SL No.
168 s 29 sch 1