Northern Territory Numbered Acts

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PORT OF DARWIN ACT 2015 (NO 10 OF 2015) - SECT 11

Transaction companies

    (1)     For the purposes of an authorised transaction, the Chief Minister may, by written order, direct that a body corporate be established as a transaction company in any way mentioned in subsection (2).

    (2)     The ways are:

    (a)     the formation or acquisition by, or on behalf of, one or more public sector entities of a body corporate limited by shares, so that all the issued shares in the body corporate are held by, or on behalf of, the public sector entity or entities; or

    (b)     the formation or acquisition of a body corporate as a wholly-owned subsidiary of a transaction company.

    (3)     A body corporate established in accordance with a direction of the Chief Minister under subsection (1) is a transaction company for this Act.

    (4)     A transaction company that is a public sector entity may be converted from one kind of body corporate to another.

    (5)     Except with the written agreement of the Chief Minister:

    (a)     a transaction company is not, and does not represent, the Territory; and

    (b)     the liabilities of a transaction company are not guaranteed by the Territory.

    (6)     The Chief Minister may act for, or on behalf of, a public sector entity (including a transaction company that is a public sector entity) in connection with the rights and liabilities of the public sector entity as the holder of shares or other securities in, or issued by, a transaction company.

    (7)     Shares and other securities in, or issued by, a transaction company that is a public sector entity must not be issued, sold or transferred except:

    (a)     in accordance with a direction of the Chief Minister under section 13 ; or

    (b)     by the Chief Minister on behalf of the transaction company under subsection (8).

    (8)     The Chief Minister may, on behalf of a public sector entity (including a transaction company that is a public sector entity), enter into and carry out a transaction arrangement for the issue, sale or transfer of shares or other securities in, or issued by, a transaction company.



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