TAB (Disposal) Act 2000 (SA)

South Australia TAB (Disposal) Act 2000 An Act to make provision for the disposal of the business of the South Australian Totalizator Agency Board; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act Part 2—Preparatory action 5 Preparation for restructuring and disposal 6 Authority to disclose and use information 7 Evidentiary provision 8 Relationship between Minister and TAB and TABCO in restructuring and disposal period Part 3—Disposal 9 Conversion of TAB to company 10 Transfer order 11 Sale agreement 12 Supplementary provisions 13 Evidentiary provision 14 Application of proceeds of sale agreement 15 Tabling of report on probity of sale processes Part 4—Staff 16 Transfer of staff 17 Superannuation Trust Deed 18 Memorandum of understanding 19 Application of Schedule 2 staff provisions Part 5—Miscellaneous 20 Amount payable by TABCO in lieu of tax 21 Relationship of TABCO and Crown 22 Dissolution of TABCO 23 Registering authorities to note transfer 24 Stamp duty 25 Interaction between this Act and other Acts 26 Effect of things done or allowed under Act 27 Regulations Schedule 1—Conversion of TAB to company 1 Steps before conversion of TAB to company 2 Membership of TAB following conversion 3 Continuity of TAB and construction of references to TAB Schedule 2—Staff provisions 1 Interpretation 2 Prescribed transfer payments to transferred employees 3 Remuneration of temporarily transferred key employees 4 Termination payments 5 Payment to transferred regular casual employees for reduced hours 6 Minister's order fixing manner in which earnings, hours, remuneration and years of service to be determined Schedule 4—Transitional provisions 5 Unclaimed dividends 6 Appropriation of money for dividends Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the TAB (Disposal) Act 2000. 3—Interpretation (1) In this Act, unless the contrary intention appears— asset means— (a) a present, contingent or future legal or equitable estate or interest in real or personal property; or (b) a present, contingent or future right, power, privilege or immunity, and includes, in relation to a transfer made by a transfer order or sale agreement, a present or future cause of action in favour of the transferor; authorised project—see section 5; cause of action includes any right to bring, defend or participate in legal proceedings; Crown entity means the Crown, a Minister, an instrumentality of the Crown, a statutory corporation or a State-owned company; document includes a disc, tape or other medium in which information is stored; employee includes an officer, but does not include a casual employee unless the person is a regular casual employee; employee transfer order—see section 16; executive means a person occupying a position designated by the Minister, by order in writing, as an executive position; instrument includes a written agreement, undertaking or understanding, a legislative instrument and a judgment, order or process of a court; legal proceedings includes an arbitration and an administrative proceeding; liability means a present, future or contingent liability (arising either at law or in equity) and includes— (a) a duty or non-pecuniary obligation; and (b) in relation to a transfer made by a transfer order or sale agreement, a present or future cause of action against the transferor; purchaser—see section 11; regular casual employee means a casual employee whose casual employment has been on a regular and systematic basis over the immediately preceding 52 weeks; sale agreement—see section 11; security means— (a) a mortgage or charge; or (b) a guarantee or indemnity; or (c) any other security for, or instrument relating to, the payment of money or the discharge of a liability; State-owned company means a company incorporated under the Corporations Law all of the shares in which are held by Ministers of the Crown; statutory corporation has the same meaning as in the Public Corporations Act 1993; TAB means the South Australian Totalizator Agency Board; TAB business means the business of TAB or TABCO conducted under the Racing Act 1976 or the Authorised Betting Operations Act 2000; TABCO means TABCO(A) or TABCO(B); TABCO(A) means TAB as converted to a company under the Corporations Law; TABCO(B) means a State-owned company nominated by the Minister by notice in the Gazette as TABCO(B) for the purposes of this Act; transfer order—see section 10; transferred asset means an asset transferred by a transfer order or sale agreement; transferred employee means— (a) a person transferred by an employee transfer order to the employment of the purchaser or, if the shares in TABCO were transferred to the purchaser, to the employment of TABCO; or (b) a person who was an employee in the employment of TABCO when the shares in TABCO were transferred to the purchaser, and includes such a person in the employment of an employer related to the purchaser or TABCO; transferred instrument—see section 11; transferred liability means a liability transferred by a transfer order or sale agreement. (2) Employers are related for the purposes of this Act if— (a) one takes over or otherwise acquires the business or part of the business of the other; or (b) a chain of relationships can be traced between them under paragraph (a). 4—Application of Act It is the intention of the Parliament that— (a) this Act apply within the State and outside the State to the full extent of the extra-territorial legislative capacity of the Parliament; and (b) the provisions of this Act, and orders and agreements made and other things done under this Act, have effect in relation to assets, liabilities, transactions, acts and matters situated, arising, entered into, done or occurring within or outside the State whether the applicable law would, apart from this Act, be South Australian law or the law of another place; and (c) a court, tribunal or other body exercising judicial powers in a place outside the State apply South Australian law to the determination of any question about the effect of this Act, or the effect of an order or agreement made or other thing done under this Act, despite any inconsistent law of that other place.