QueenslandGovernment Owned
Corporations Act 1993GovernmentOwnedCorporationsRegulation1995Reprinted as in force on 6 August
2004(includes commenced amendments up to 2004 SL
No. 148)Reprint No. 5BThis 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 6 August 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
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
hard copy reprint is the same as the date shown for an electronic
versionpreviously published, it merely means that
the electronic version was published before thehard copy version.
Also, any revised edition of the previously published electronic
versionwill have the same date as that
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other.
s13s4Government Owned Corporations Regulation
1995Government Owned CorporationsRegulation 1995[as amended by
all amendments that commenced on or before 6 August 2004]Part
1Preliminary1Short
titleThisregulationmaybecitedastheGovernmentOwnedCorporations Regulation 1995.3References to
entitiesInthisregulation,areferencetoagovernmententityisareference
to—(a)the entity when it is nominated to be
a candidate GOCor declared to be a subsidiary of a
candidate GOC; or(b)iftheentitychangesduringtheprocessofcorporatisation of itself or another
entity—the entity asit changes from time to time.4Responsible Ministers may decide
limits of nominatedentitiesToremovedoubtduringtheprocessofcorporatisationofgovernmententities,theresponsibleMinistersmaydecidewhether a
specified part of a government entity is, or is not,taken
to be included in—(a)an entity nominated to be a candidate
GOC; or(b)anentitydeclaredtobeasubsidiaryofacandidateGOC.
s54s8Government Owned Corporations Regulation
1995Part 2Candidate GOCs,
GOCs andGOC subsidiaries5Candidate GOCsEach government
entity mentioned in schedule 1 is nominatedto be a candidate
GOC.6Government entities declared to be
GOCs underother regulations(1)Schedule2listscertaingovernmententitiesthathavebeendeclared under other regulations to be
GOCs.(2)Schedule 2 is included for information
purposes.17Government
entities that continue to be GOCs underthis
regulationEachgovernmententitymentionedinschedule3continuesunder this
regulation as a GOC.8GOC subsidiaries(1)Schedule4listscertaingovernmententitiesthatbecamesubsidiaries of
one or more GOCs under other regulations.(2)Schedule 4 is included for information
purposes.1If a government entity is declared a
GOC under another regulation, that regulation isrepealed and the government entity continues
as a GOC under section 7, the entity isnot listed in
schedule 2 but is listed in schedule 3.
s
95s 10Government Owned
Corporations Regulation 1995Part 3Application of FinancialAdministration
and AuditAct 1977 to certain companyGOC
subsidiaries9Company GOC subsidiaries
prescribed—Act, s 128For section 128(1)2of
the Act, each company GOC subsidiarymentioned in
schedule 5 is prescribed.Part 4Application of
chapter 3 of Actto certain company GOCsubsidiaries10Company GOC subsidiaries prescribed—Act, s
177For section 177(1)3of
the Act, each company GOC subsidiarymentioned in
schedule 6 is prescribed.2Section 128
(Application of Financial Administration and Audit Act)3Section 177 (Application of chapter to
certain company GOC subsidiaries)
7Government Owned Corporations
Regulation 1995Schedule 2GOCs declared
under otherRegulationssection 6Part
1Statutory GOCsBundaberg Port
Authority4Cairns Port Authority4Central Queensland Ports
Authority5Mackay Port Authority4Port of Brisbane Corporation5Ports Corporation of Queensland5Queensland Investment
Corporation6Queensland Rail74This entity is included in schedule 2
for information purposes only. It became aGOC under
theGovernment Owned Corporations (Ports)
Regulation 1995. Underthat regulation,
it became a GOC on 1 July 1995 as soon as the assets and
liabilitiesof the candidate GOC of which it was the
associate became its assets and liabilities.5This
entity is included in schedule 2 for information purposes only.
Under theGovernmentOwnedCorporations(Ports)Regulation1994,GladstonePortAuthority became a GOC on 1 July 1994 as
soon as the assets and liabilities of thecandidate GOC of
which it was the associate became its assets and liabilities.
On1 July 2004, under theGovernment Owned
Corporations (Central Queensland PortsAuthority)
Regulation 2004, section 12(1), Gladstone Port Authority’s
name waschanged to Central Queensland Ports
Authority.6This entity is included in schedule 2
for information purposes only. It became aGOCundertheGovernmentOwnedCorporations(QueenslandInvestmentCorporation)Regulation1994.Underthatregulation,itbecameaGOCon1 October
1994.7This entity is included in schedule 2
for information purposes only. It became aGOCundertheGovernmentOwnedCorporations(QueenslandRail)Regulation 1995. Under that
regulation, it became a GOC on 1 July 1995 as soon asthe
assets and liabilities of the candidate GOC of which it was the
associate becameits assets and liabilities.
8Government Owned Corporations
Regulation 1995Schedule 2 (continued)Queensland Power
Trading Corporation8Townsville Port Authority9Part 2Company
GOCs(Electricity industry entities—QGC
successors)9C S Energy Limited ACN 078 848
745Stanwell Corporation Limited ACN 078 848
674Tarong Energy Corporation Limited ACN 078 848
7368Under theGovernment Owned
Corporations (Queensland Transmission and SupplyCorporation) Regulation 1994,
section 4, QTSC was established. On 2 July 1997,undertheGovernmentOwnedCorporations(QTSCRestructure—Stage2)Regulation1997,section30(1),QTSC’snamewaschangedtotheQueenslandTransitionalPowerTradingCorporation.UndertheGovernmentOwnedCorporations(QTSCCorporatisation)Regulation1994,section9A,QTPTCiscontinuedinexistenceeventhoughtheGovernmentOwnedCorporations(Queensland
Transmission and Supply Corporation) Regulation 1994is
repealed.On30June1999,undertheGovernmentOwnedCorporations(QTSCRestructure—Stage2)Regulation1997,section30(1A),QTPTC’snamewaschanged to Queensland Power Trading
Corporation.9Theseentitiesareincludedinschedule2forinformationpurposesonly.TheybecameGOCsundertheGovernmentOwnedCorporations(QGCRestructure—Stage 2) Regulation 1997,
section 21 (Declaration of each associate asGOC).
9Government Owned Corporations
Regulation 1995Schedule 2 (continued)(Electricity
industry entities—Former QTSC subsidiaries)10Energex Limited ACN 078 849 05511QueenslandElectricityTransmissionCorporationACN 078 849
233(Other electricity industry entity)12Ergon Energy Corporation Limited ACN
087 646 062Limited10Theseentitiesareincludedinschedule2forinformationpurposesonly.TheybecameGOCsundertheGovernmentOwnedCorporations(QTSCRestructure—Stage 2) Regulation 1997,
section 28 (Declaration of each regionalcorporation and
QETC as GOC).11SouthEastQueenslandElectricityCorporationLimitedchangeditsnametoEnergex
Limited.12This entity is included in schedule 2
for information purposes only. It became aGOCundertheGovernmentOwnedCorporations(ErgonCorporatisation)Regulation
1999, section 5 (Declaration of Ergon as GOC).
On 30 June 1999, by aschemeofarrangementundertheCorporationsLaw,CapricorniaElectricityCorporationLimited,FarNorthQueenslandElectricityCorporationLimited,Mackay Electricity Corporation Limited,
North Queensland Electricity Corporation,South WestQueenslandElectricityCorporationLimitedand
WideBay-BurnettElectricityCorporationLimitedwerederegisteredandtheirrespectiveassets,liabilities and
undertakings were acquired by Ergon Energy Corporation
Limited.
10Government Owned Corporations
Regulation 1995Schedule 3GOCs continued
under thisRegulationGolden Casket
Lottery Corporation13section 713This
entity became a company GOC under theGovernment Owned
Corporations(GoldenCasketLotteryCorporatisation)Regulation1997whichhasnowbeenrepealed.
11Government Owned Corporations
Regulation 1995Schedule 4GOC
subsidiariesSubsidiary of Energex Limited14Energex Retail Pty Ltd ACN 078 848
54915section 8Subsidiary of
Ergon Energy Corporation Limited ACN 087 646 062Ergon
Energy Pty Ltd ACN 078 875 9021614SouthEastQueenslandElectricityCorporationLimitedchangeditsnametoEnergex
Limited.15Southern Electricity Retail
Corporation Pty Ltd changed its name to Energex RetailPty
Ltd. Energex Retail Pty Ltd is included in schedule 4 for
information purposesonly. It became (under the name Southern
Electricity Retail Corporation) a GOCsubsidiaryundertheGovernmentOwnedCorporations(QTSCRestructure—Stage 2)Regulation1997,section21(DeclarationofGOCsandsubsidiaries).16Central Electricity Retail Corporation Pty
Ltd changed its name to Ergon Energy PtyLtd. Ergon Energy
Pty Ltd is included in schedule 4 for information purposes
only.ItsstatusasaGOCsubsidiarywasestablishedundertheGovernmentOwnedCorporations(CERCandNERCRestructure)Regulation1998,section12(Declaring changes about CERC and NERC).
Ergon Energy Pty Ltd was formerlythesubsidiaryofCapricorniaElectricityCorporationLimited,FarNorthQueenslandElectricityCorporationLimited,MackayElectricityCorporationLimited,NorthQueenslandElectricityCorporation,SouthWestQueenslandElectricityCorporationLimitedandWideBay-BurnettElectricityCorporationLimited. On 30
June 1999, by a scheme of arrangement under the Corporations
Law,the6companieswerederegisteredandtheirrespectiveassets,liabilitiesandundertakings, including the shares they held
in Ergon Energy Pty Ltd, were acquiredby Ergon Energy
Corporation Limited.
12Government Owned Corporations
Regulation 1995Schedule 5Company GOC
subsidiaries forsection 128(1) of the ActEnergex Retail Pty Ltd ACN 078 848 54917Ergon Energy Pty Ltd ACN 078 875
90218section 917Southern Electricity Retail Corporation Pty
Ltd changed its name to Energex RetailPty Ltd.18Central Electricity Retail Corporation
Pty Ltd changed its name to Ergon Energy PtyLtd.
13Government Owned Corporations
Regulation 1995Schedule 6Company GOC
subsidiaries forsection 177(1) of the ActEnergex Retail Pty Ltd ACN 078 848 54919Ergon Energy Pty Ltd ACN 078 875
90220section 1019Southern Electricity Retail Corporation Pty
Ltd changed its name to Energex RetailPty Ltd.20Central Electricity Retail Corporation
Pty Ltd changed its name to Ergon Energy PtyLtd.
14Government Owned Corporations
Regulation 1995Endnotes1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.143Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .144Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .155List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .156List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .182Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 6 August 2004.Future amendments
of the Government Owned Corporations Regulation 1995 may bemade
in accordance with this reprint under the Reprints Act 1992,
section 49.3KeyKey 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=unnumbered
15Government Owned Corporations
Regulation 19954Table 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.ReprintNo.122A2B2C33A3B3C3D44A4B4C4D4E5Amendments
includednoneto 1995 SL No. 231to 1996 SL No.
108to 1997 SL No. 67to 1997 SL No.
264to 1997 SL No. 264to 1997 SL No.
449to 1998 SL No. 69to 1998 SL No.
202to 1998 SL No. 336to 1999 SL No.
32to 1999 SL No. 129to 1999 SL No.
284to 1999 SL No. 313to 2000 SL No.
91to 2000 SL No. 140to 2000 SL No.
140Effective1 July
199518 August 199531 May
199627 March 19971 September
19971 September 199719 December
19974 April 199820 July
199818 December 19982 April
19991 July 199919 November
199913 December 199926 May
200030 June 20001 October
20005Ato 2004 SL No. 851 July
20045Bto 2004 SL No. 1486 August
2004Reprint date7 July
199530 August 19953 December
19969 April 19971 September
19973 November 199724 February
19981 May 199824 July
199811 January 19992 April
199926 July 199929 November
199921 December 19999 June
200014 July 20008 February
2001(Column discontinued)Notes5List of legislationGovernment Owned Corporations Regulation 1995
SL No. 163made by the Governor in Council on 8 June
1995notfd gaz 8 June 1995 pp 1085–6ss
3–7, 9–12 commenced 1 July 1995 (see s 2(1))s 8 for its
application to statutory GOCs commenced 1 July 1994 (see s
2(2)(a))s 8 for its application to statutory GOC
subsidiaries under the Government OwnedCorporations(StatutoryGOCSubsidiaries)Regulation1994commenced1 January 1995
(see s 2(2)(b))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.
16Government Owned Corporations
Regulation 1995amending legislation—GovernmentOwnedCorporationsLegislationAmendmentRegulation1995SLNo. 231 pts 1, 3notfd gaz 18
August 1995 pp 2084–6commenced on date of
notificationGovernment Owned Corporations Amendment
Regulation (No. 1) 1996 SL No. 108notfd gaz 31 May
1996 pp 823–6commenced on date of notificationGovernment Owned Corporations Amendment
Regulation (No. 1) 1997 SL No. 65notfd gaz 27
March 1997 pp 1333–6commenced on date of notificationGovernment Owned Corporations (QGC1–3 and
AEC) Regulation 1997 SL No. 67pts 1, 3notfd
gaz 27 March 1997 pp 1333–6commenced on date of
notificationGovernment Owned Corporations (QTSC
Restructure—Stage 1) Regulation 1997SL No. 130 s 1,
pt 3notfd gaz 30 May 1997 pp 485–7commenced on date of notificationGovernment Owned Corporations (QGC
Restructure—Stage 2) Regulation 1997 SLNo. 167 ss 1–2,
27 sch 2notfd 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 (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))GovernmentOwnedCorporations(GoldenCasketLotteryCorporatisation)Regulation 1997
SL No. 233 ss 1–2, 10 schnotfd gaz 31 July 1997 pp
1491–2commenced on date of notificationGovernmentOwnedCorporations(QueenslandCorrectionsRegulation 1997
SL No. 264 ss 1, 2(2), pt 8notfd gaz 29 August 1997 pp
1987–9pt 8 commenced 1 September 1997 (see s
2(2))remaining provisions commenced on date of
notificationCorporatisation)Government Owned
Corporations Amendment Regulation (No. 2) 1997 SL No. 449notfd
gaz 19 December 1997 pp 1770–7commenced on date
of notification
17Government Owned Corporations
Regulation 1995Government Owned Corporations (CERC and NERC
Restructure) Regulation 1998SL No. 69 ss 1,
2(3), 13 schnotfd gaz 2 April 1998 pp 1335–6s 13
sch commenced 4 April 1998 (see s 2(3))remaining
provisions commenced on date of notificationGovernment Owned
Corporations Legislation Amendment Regulation (No. 1) 1998SL
No. 202 pts 1–2notfd gaz 17 July 1998 pp 1404–6ss
1–2 commenced on date of notificationremaining
provisions commenced 20 July 1998 (see s 2)Government Owned
Corporations Amendment Regulation (No. 1) 1998 SL No. 336notfd
gaz 18 December 1998 pp 1551–7commenced on date
of notificationGovernment Owned Corporations Legislation
Amendment Regulation (No. 1) 1999SL No. 32 pts 1,
6notfd gaz 26 March 1999 pp 1450–3ss
1–2 commenced on date of notificationremaining
provisions commenced 2 April 1999 (see s 2(2))GovernmentOwnedCorporations(ErgonCorporatisation)Regulation1999SL No. 103 ss 1–2, pt 3, s 8
schnotfd gaz 10 June 1999 pp 579A–579Bss
1–2, pt 3 commenced on date of notificationremaining
provisions commenced 30 June 1999 (see s 2)GovernmentOwnedCorporations(TABCorporatisation)Regulation1999SL No. 129 ss 1–2, pt 7notfd
gaz 25 June 1999 pp 932–8ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 1999
(see s 2 and 1999 SL No. 119)GovernmentOwnedCorporations(AUSTARestructure)Regulation1999SLNo. 284 s 1 pt 5
sch 1notfd gaz 19 November 1999 pp 1022A–Bcommenced on date of notificationGovernmentOwnedCorporations(BrisbaneMarket AuthorityCorporatisation)Regulation 1999
SL No. 313 ss 1–2 pt 6notfd gaz 10 December 1999 pp
1448–50ss 1–2 commenced on date of
notificationremaining provisions commenced 13 December
1999 (see s 2)Government Owned Corporations Amendment
Regulation (No. 1) 2000 SL No. 91notfd gaz 26 May
2000 pp 296–7commenced on date of notificationGovernment Owned Corporations (AUSTA Wind-up)
Regulation 2000 SL No. 99ss 1, 2(3) pt 6notfd gaz 1 June
2000 pp 311–12ss 1–2 commenced on date of
notificationremaining provisions commenced 2 July 2000
(see s 2(3))
18Government Owned Corporations
Regulation 1995GovernmentOwnedCorporations(StateWaterProjectsCorporatisation)Regulation 2000
SL No. 140 s 1 pt 9notfd gaz 30 June 2000 pp 736–48s 24
commenced 1 October 2000 (see 2000 SL No. 140 ss 2, 20(2), 4 sch,
2000 SLNo. 231 s 3; 2000 No. 34 s 1145 sch 3 and
2000 SL No. 257)remaining provisions commenced on date of
notificationGovernment Owned Corporations (Central
Queensland Ports Authority) Regulation2004 SL No. 85 ss
1–2, pt 9notfd gaz 25 June 2004 pp 573–81ss
1–2 commenced on date of notificationremaining
provisions commenced 1 July 2004 (see s 2)Government Owned
Corporations Amendment Regulation (No. 1) 2004 SL No. 148notfd
gaz 6 August 2004 pp 1080–1commenced on date of
notification6List of annotationsCommencements 2amd
1995 SL No. 231 s 7om 1998 SL No 202 s 4References to
entitiess 3amd 1995 SL No. 231 s 8PART
2—CANDIDATE GOCS, GOCS AND GOC SUBSIDIARIESpt hdgsub
1998 SL No. 202 s 5Candidate GOCss 5sub
1998 SL No. 202 s 5Government entities declared to be GOCs under
other regulationss 6sub 1998 SL No. 202 s 5Government entities that continue to be GOCs
under this regulations 7sub 1998 SL No.
202 s 5GOC subsidiariess 8amd
1995 SL No. 231 s 9sub 1998 SL No. 202 s 5PART 3—APPLICATION
OF FINANCIAL ADMINISTRATION AND AUDIT ACT1997 TO CERTAIN
COMPANY GOC SUBSIDIARIESpt hdgsub 1998 SL No.
202 s 5Company GOC subsidiaries prescribed—Act, s
128s 9prev s 9 exp 1 July 1995 (see s
11)pres s 9 ins 1998 SL No. 202 s
5