Government Owned Corporations (State Water Projects Corporatisation) Regulation 2000
GOVERNMENT OWNED CORPORATIONS (STATE WATER PROJECTS
CORPORATISATION) REGULATION 2000
QueenslandGovernment Owned
Corporations Act 1993GOVERNMENTOWNEDCORPORATIONS(STATEWATERPROJECTSCORPORATISATION)REGULATION2000Reprinted as in force on 22 March
2002(includes amendments up to SL No. 40 of
2002)Reprint No. 1AThis 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 22 March 2002.The reprint shows
the law as amendedby all 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.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have alsobeen made to use
aspects of format and printing style consistent with current
draftingpractice (s 35).This page is
specific to this reprint.See previous reprints for information
about earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s3Government Owned Corporations (State
WaterProjects Corporatisation) Regulation
2000GOVERNMENT OWNED CORPORATIONS(STATE WATER PROJECTSCORPORATISATION)
REGULATION 2000[as amended by all amendments that commenced
on or before 22 March 2002]PART
1—PRELIMINARY1Short titleThis regulation
may be cited as theGovernmentOwnedCorporations(State Water
Projects Corporatisation) Regulation 2000.2CommencementParts 5 to 7
commence on the corporatisation day.3Purposes of this regulationThe
purposes of this regulation are—(a)toestablishanassociateofthecandidateGOCStateWaterProjects; and(b)to
provide for—(i)the associate to have an interim board
of directors; and(ii)the role of the board; and(c)to divest the State of all State Water
Projects assets and releasethe State from all State Water
Projects liabilities; and(d)toprovideforatransitionfromthecandidateGOCtotheassociate,
including transferring persons who are public serviceemployeesforthepurposesofStateWaterProjectstotheassociate; and(e)to
transfer all State Water Projects assets and State Water
Projectsliabilities to the associate;
and
s44s7Government Owned Corporations (State
WaterProjects Corporatisation) Regulation
2000(f)to make provision for the associate to
assume certain additionalliabilities; and(g)to
make the associate a GOC; and(h)toprescribethepipelinecompaniestobegovernmententities;and(i)to declare the pipeline companies to
be proposed subsidiaries ofthe associate after it becomes a
GOC.4DefinitionsThedictionaryinthescheduledefinesparticularwordsusedinthisregulation.PART
2—ESTABLISHMENT OF SUNWATER AND ITSNOMINATION AS
CANDIDATE GOC ASSOCIATE5Establishment of
GOC Act entitySunWater is established.6Nomination of SunWater to become candidate
GOC associateSunWater is nominated to be the associate of
State Water Projects.7Status of
SunWaterSunWater—(a)is a
body corporate; and(b)has the name under which it is
established; and(c)has a seal; and(d)may
sue and be sued in its corporate name; and(e)before the corporatisation day, has no
powers or functions.
s
85s 10Government Owned
Corporations (State WaterProjects Corporatisation) Regulation
20008Share capitalSunWater is taken
to have a share capital of $1 000 000 000 made up of1 000
000 000 ordinary shares of $1 each.PART 3—INTERIM
BOARD OF DIRECTORS OFSUNWATER9Requirement for interim board of
directorsSunWater is to have an interim board of
directors.10Role of interim board of
directors(1)The role of the interim board of
directors is to consider, and makerecommendationsfortheconsiderationofthefirstboardabout,thefollowing—(a)whatshouldbeincludedinSunWater’sfirststatementofcorporate intent after it becomes a
GOC;(b)what should be included in SunWater’s
first corporate plan afterit becomes a GOC;(c)whatshouldbeSunWater’scorporategovernancepoliciesimmediately after it becomes a GOC.(2)To remove doubt, it is declared that
the first board is not bound byrecommendations
made under subsection (1).(3)In this
section—“first board”means the first
board of SunWater after it becomes a GOC.
s
116s 12Government Owned
Corporations (State WaterProjects Corporatisation) Regulation
2000PART 4—STATE WATER PROJECTS IS DIVESTED
OFASSETS AND RELEASED FROM LIABILITIES11State Water Projects assets and
liabilities(1)Thissectiontakeseffectimmediatelyafterthedaybeforethecorporatisation day.(2)The State is divested of all State
Water Projects assets and releasedfrom all State
Water Projects liabilities.PART
5—TRANSITION FROM STATE WATERPROJECTS TO
SUNWATERDivision 1—Functions of SunWater12Functions(1)Themainfunction1ofSunWateristoprovidewaterservicesandservices ancillary to those services,
whether in or outside Queensland.(2)Withoutlimitingsubsection(1),themainfunctionincludesthefollowing—(a)the
carrying on of activities relating to the following—(i)bulk water storage;(ii)water distribution;(iii)retail water
reticulation, drainage and storage;(iv)water
infrastructure development;1On becoming a
statutory GOC, SunWater will also have the general powers set
outin theGovernment Owned
Corporations Act 1993,section 149 (General powers ofstatutory GOCs). However, a statutory GOC’s
powers are subject to the restrictionsmentionedintheGovernmentOwnedCorporationsAct1993,section150(Restrictions on powers of statutory
GOCs).
s
137s 13Government Owned
Corporations (State WaterProjects Corporatisation) Regulation
2000(b)theprovisionofwaterindustryrelatedservices,includingthefollowing—(i)engineering services;(ii)operation, and maintenance, services;(iii)business
management services;(c)doing anything likely to complement or
enhance the function orsomething mentioned in paragraphs (a)
and (b).(3)Also, SunWater has the function of
performing other functions givento it under the
Act or another Act.Division 2—Staff13Public service employees for the purposes of
State Water Projects(1)Thissectionappliestoapersonwho,immediatelybeforethecorporatisationday,wasapublicserviceemployeeforthepurposesofState Water Projects.(2)The person becomes an officer or
employee of SunWater.(3)Until the rights
of the person are changed, the person continues to beentitled to all existing and accruing rights
of employment.(4)Totheextentarightmentionedinsubsection(3)ispreservedbysection 1742of
the Act, subsection (3) has no effect.(5)If,immediatelybeforethecorporatisationday,thepersonwassuspendedfromdutybytheStateWaterProjectsdepartment’schiefexecutive, the suspension continues and must
be dealt with by SunWater.(6)IfthepersonisliabletodisciplinaryactionbytheStateWaterProjectsdepartment’schiefexecutiveimmediatelybeforethecorporatisation day, the person
continues to be liable to disciplinary actionby
SunWater.(7)A discipline imposed on the person
that is not finished immediatelybefore the
corporatisation day may continue to be imposed by SunWater.2Section174(Preservationofleaveentitlementsofcertainformerofficersandemployees of government entities) of the
Act
s
148s 16Government Owned
Corporations (State WaterProjects Corporatisation) Regulation
200014Equivalent positionsApersonwhounderthisdivisionbecomesanofficeroremployeeofSunWater, becomes the holder of a position
equivalent to the position theperson held in the
State Water Projects department for the purposes of StateWater
Projects.Example—A
person who immediately before the corporatisation day was the
executive director ofState Water Projects becomes the
holder of the office of chief executive officer ofSunWater.Division
3—General15SunWater is successor of State
(SWP)(1)SunWater is the successor in law of
State (SWP).(2)The other provisions of this division
do not limit subsection (1).16Instruments(1)Thissectionappliestoaninstrument,otherthanastatutoryinstrument, in existence immediately before
the corporatisation day.(2)An instrument
applying to the State for the purposes of State WaterProjects is to apply to SunWater in place of
the State.(3)Without limiting subsection
(2)—(a)an instrument to which, immediately
before the corporatisationday, the State was a party for the
purposes of State Water Projectsis taken to be an
instrument to which SunWater is a party; and(b)aninstrumentgivento,byorinfavouroftheStateforthepurposesofStateWaterProjectsistakentobeaninstrumentgiven
to, by or in favour of SunWater; and(c)an
instrument in which a reference is made to the State for thepurposesofStateWaterProjects(including,forexample,aninstrumenttowhichtheStatewasapartyforthepurposesofState
Water Projects) is taken to be an instrument in which thereference is made to SunWater;
and
s
179s 19Government Owned
Corporations (State WaterProjects Corporatisation) Regulation
2000(d)an instrument under which money is or
may become payable, orother property is to be, or may become
liable to be, transferred,conveyed or assigned to or by the
State for the purposes of StateWaterProjectsistakentobeaninstrumentunderwhichthemoney is or may become payable, or the
other property is to be,or may become liable to be,
transferred, conveyed or assigned toor by
SunWater.17Pending legal proceedingsA
legal proceeding by or against the State for the purposes of State
WaterProjectsthatisnotfinishedbeforethecorporatisationdaymaybecontinued and
finished by or against SunWater.PART 6—ASSETS AND
LIABILITIES TRANSFERREDTO SUNWATER18Transfer of assets to SunWaterThe
assets mentioned in section 11(2)3become the assets of SunWater.19Consideration for transfer of assets
to SunWater(1)The liabilities mentioned in section
11(2) are assumed by SunWater.(2)TheassumptionbySunWaterofliabilitiesundersubsection(1)ispartoftheconsiderationforthetransferofassetstoSunWaterundersection 18.(3)The
remainder of the consideration is the creation of a debt owed
bySunWatertotheshareholdingMinistersoftheGOCthatSunWaterbecomes under this
regulation.(4)The amount of the debt is the market
value, at the corporatisationday,oftheassetstransferredtoSunWater,lesstheamount,atthecorporatisation day, of the liabilities
assumed by SunWater.3Section 11 (State Water Projects
assets and liabilities)
s
1910s 19Government Owned
Corporations (State WaterProjects Corporatisation) Regulation
2000Example of calculation of debt owed to
shareholding Ministers—If the market
value of the assets vested in SunWater is $1 000 000 000, and
theliabilities assumed by it amount to $400 000
000, the shareholding Ministers are oweda debt of $600
000 000.(5)For subsection (4)—(a)themarketvalue,atthecorporatisationday,ofanassettransferred to SunWater is, unless another
valuation is decidedunder subsection (7), taken to be the market
value specified forthe asset in the asset schedule of SunWater
for the corporatisationday; and(b)the
amount, at the corporatisation day, of the liabilities
assumedbySunWateris,unlessanotheramountisdecidedundersubsection (7), taken to be the amount of
the liabilities listed inthe balance sheet of SunWater for the
corporatisation day.(6)Assoonaspracticableafterthecommencementofthissection,SunWater must
complete the asset schedule mentioned in subsection (5)(a)and
the balance sheet mentioned in subsection (5)(b).(7)TheshareholdingMinistersoftheGOCthatSunWaterbecomesunderthisregulationmaychangetheassetschedulementionedinsubsection (5)(a), or the balance sheet
mentioned in subsection (5)(b), atany time before
the corporatisation day anniversary to correct the marketvalue
of an asset, or the amount of a liability, as at the
corporatisation day.(8)A change mentioned in subsection (7)
must be taken into account forcalculating the
debt amount under subsection (4).(9)In
this section—“corporatisation day anniversary”means
the day that is 1 year after thecorporatisation
day.44Thecorporatisationdayanniversaryis1October2001.Seedefinition“corporatisation
day”.
s
2011s 22Government Owned
Corporations (State WaterProjects Corporatisation) Regulation
2000PART 7—SUNWATER BECOMES STATUTORY GOC20Declaration of SunWater as GOC(1)Subsection (2) takes effect as soon
as—(a)theassetsmentionedinsection11(2)becometheassetsofSunWater; and(b)theliabilitiesmentionedinsection11(2)areassumedbySunWater.(2)SunWater is a GOC.PART 8—PROPOSED
SUBSIDIARIES OF SUNWATER21Pipeline
companies are government entitiesForsection5(f)5oftheAct,thepipelinecompaniesaregovernmententities.22Pipeline companies declared to be
proposed subsidiaries ofSunWater(1)ThissectiontakeseffectimmediatelyafterSunWaterbecomesaGOC.(2)For
section 36of the Act, definition “proposed
subsidiary”, each ofthepipelinecompaniesisdeclaredtobeaproposedsubsidiaryofSunWater.5Section 5 (Meaning of “government entity”)
of the Act6Section 3 (Definitions) of the
Act
s
2312s 24Government Owned
Corporations (State WaterProjects Corporatisation) Regulation
2000PART 9—AMENDMENT OF GOVERNMENT OWNEDCORPORATIONS REGULATION 199523Regulation amended in pt 9ThispartamendstheGovernmentRegulation
1995.OwnedCorporations24Amendment of sch 1 (Candidate GOCs)(1)ThissectiontakeseffectimmediatelyafterSunWaterbecomesaGOC.(2)Schedule 1, ‘State Water Projects’—omit.
13Government Owned Corporations (State
WaterProjects Corporatisation) Regulation
2000SCHEDULEDICTIONARYsection 4“corporatisationday”meansthedaytheWaterResourcesAct1989,section 797is repealed.“pipeline
companies”means both of the following—(a)NorthWestQueenslandWaterPipelinePtyLtdACN 070 999 218;(b)Eungella Water Pipeline Pty Ltd ACN 070 999
236.“State(SWP)”meanstheState,butonlyinrelationtoStateWaterProjects, including to the extent of the
responsibilities of State WaterProjects,
immediately before the corporatisation day.“StateWaterProjectsasset”meansanassetoftheStatethat,immediately before the corporatisation day,
is held for the purposes ofState Water Projects.“State
Water Projects department”means the department in which
StateWaterProjectswasacommercialisedbusinessunitimmediatelybefore the
corporatisation day.“State Water Projects liability”means
a liability to which, immediatelybefore the
corporatisation day, the State is subject for the purposes
ofState Water Projects.7Water Resources Act 1989, section 79 was
omitted 1 October 2000. See 2000 ActNo. 34 s 1145 sch
3.
14Government Owned Corporations (State
WaterProjects Corporatisation) Regulation
2000ENDNOTES1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.143Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .144Table of earlier
reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .155List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .156List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .152Date 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 22 March 2002.FutureamendmentsoftheGovernmentOwnedCorporations(StateWaterProjectsCorporatisation) Regulation 2000 may be made
in accordance with this reprint under theReprints Act 1992,
section 49.3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=presentKeyprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASIRSLsubunnumExplanation=previous=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
1992=subordinate legislation=substituted=unnumbered
