Northern Territory Numbered Acts Northern Territory Numbered Acts(1) In this Act:
"assets" means any legal or equitable estate or interest (whether present or future, vested or contingent or personal or assignable) in real or personal property of any description and includes money, securities, choses in action and documents.
"authorised transaction" means a transfer of port assets authorised by section 7 (1).
"Darwin Port Corporation "means the Darwin Port Corporation established by section 6 of the Darwin Port Corporation Act .
"designated port", see section 3 of the Ports Management Act .
e ntity includes a person and an unincorporated body.
"exercise", a function, includes perform a duty.
"function "includes power, authority and duty.
"GOC "means a Government owned corporation as defined in section 3 of the Government Owned Corporations Act .
"land "includes land covered by water.
"Land Development Corporation" means the Land Development Corporation established under section 4 of the Land Development Corporation Act .
"lease "includes concurrent lease and any subletting (or concurrent subletting).
"liabilities "means any liabilities, duties or obligations (whether present or future, vested or contingent or personal or assignable).
"modification "includes addition, exception, omission and substitution.
"new port operator" means the entity that, as a result of a declaration made under section 8 of the Ports Management Act , is or will be the operator of the Port of Darwin.
"port assets", see section 4 .
"Port of Darwin" means:
(a) until the making of a declaration in respect of it as a designated port under section 7 of the Ports Management Act – the area of water and land comprised within the boundaries as declared from time to time under section 43A of the Darwin Port Corporation Act ; and
(b) on and from the making of a declaration in respect of it as a designated port under section 7 of the Ports Management Act – the area of water and land comprised within the boundaries as declared from time to time under that section.
Note for definition Port of Darwin
See Gazette No. G19 of 17 May 2000 at page 3 for the declaration made under section 43A of the Darwin Port Corporation Act on 26 April 2000.
"Port of Darwin land "means land that is a port asset .
"private sector entity "means an entity other than a public sector entity.
"public sector entity "means any of the following:
(a) the Territory (including the Crown in right of the Territory);
(b) a minister of the Territory;
(c) an Agency;
(d) a GOC;
(e) a public authority of the Territory;
(f) a person holding or occupying an office established by a law of the Territory;
(g) a transaction company all of the issued shares in which are held by, or on behalf of, a public sector entity mentioned in any other paragraph;
(h) an entity that is wholly owned by an entity that is a public sector entity mentioned in any other paragraph.
"relevant authorisation" means a licence, permit, consent, approval, entitlement, accreditation, exemption or other authorisation under an Act.
"rights "means any rights, powers, privileges or immunities (whether present or future, vested or contingent or personal or assignable).
"transaction arrangement "means an agreement or other arrangement entered into by or on behalf of a public sector entity for the purposes of an authorised transaction.
"transaction company "means a body corporate established as a transaction company under section 11 .
"transfer", of port assets, includes the sale, lease or licence of port assets and the creation and transfer of any interest in port assets.
"transferee", for Part 4, see section 16 .
"transferor", for Part 4, see section 16 .
"vesting order", see section 17 (1).
(2) Words and expressions used in this Act that are defined in section 9 of the Corporations Act 2001 have the same meanings as in that section, except in so far as they are defined differently in this Act or the context or subject matter otherwise indicates or requires.
(3) An act, matter or thing is done, or has effect, for the purposes of an authorised transaction if it is done or has effect:
(a) for the purpose of effecting or facilitating an authorised transaction; or
(b) for any purpose that is ancillary or incidental to, or consequential on, an authorised transaction; or
(c) for any purpose connected with the vesting of port assets in a public sector entity at any time after completion of an authorised transaction.
(4) The assets, rights and liabilities of a body corporate include the assets, rights and liabilities of a wholly-owned subsidiary of the body corporate.
(5) If this Act provides for an event or other thing to occur on a particular day, that event or thing is taken to occur at the beginning of that day.