TOTE Tasmania (Transitional and Consequential Provisions) Act 2000
An Act to provide for the transfer of property, rights and liabilities to TOTE Tasmania as the universal successor of the Totalizator Agency Board and to amend consequentially certain Acts
[Royal Assent 13 December 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the TOTE Tasmania (Transitional and Consequential Provisions) Act 2000 .
This Act commences on a day to be proclaimed.
In this Act –Board means the board of directors of the Company;Company has the same meaning as in the TOTE Tasmania Act 2000 ;director means a director of the Company;incorporation day means the day on which the Company is incorporated;liabilities includes all liabilities, duties and obligations, whether actual, contingent or prospective;property means –(a) any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property; and(b) money, documents and securities; and(c) any other rights;rights includes all rights, powers, privileges and immunities, whether actual, contingent or prospective;TAB means the Totalizator Agency Board formerly established under the Racing and Gaming Act 1952 .
4. Transfer of property, &c., to Company
(1) On the incorporation day –(a) the property of TAB vests in the Company; and(b) the liabilities of TAB become the liabilities of the Company.(2) State tax is not payable in respect of any document prepared to give effect to subsection (1) .(3) In this section,State tax means application or registration fees, stamp duty or any other tax, duty, fee or charge imposed by any Act or law of Tasmania.
5. Construction of instruments
(1) This section applies to an instrument –(a) which was in force immediately before the incorporation day; and(b) in which there is a reference to TAB.(2) Unless the context or subject matter of the instrument otherwise indicates or requires, an instrument to which this section applies has effect on and from the incorporation day as if –(a) the reference to TAB were a reference to the Company; or(b) if the case so requires, the reference included a reference to the Company.
6. Continuation of proceedings
On and after the incorporation day –(a) legal or other proceedings instituted by or against TAB before, and pending on, the incorporation day may be continued by or, as the case may be, against the Company; and(b) a judgment or order of a court obtained in those proceedings whether by or against TAB may be enforced by or, as the case may be, against the Company; and(c) a document addressed to, and purporting to be served on, TAB relating to those proceedings is taken to be served on the Company.
7. Powers of Company in respect of matters arising under this Act
(1) This section applies to –(a) debts, money, claims, securities and charges relating to property that vests in the Company under this Act; and(b) liabilities that become liabilities of the Company under this Act.(2) On and after the incorporation day, the Company may –(a) in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of debts, money and claims to which this section applies that are payable to, or recoverable by, TAB and for the prosecution of proceedings relating to any such debts, money or claims as TAB might have done but for the enactment of this Act; and(b) enforce and realise any security or charge to which this section applies and which is existing immediately before the incorporation day in favour of TAB and may exercise any powers conferred under the security or charge on TAB as if it were a security or charge in favour of the Company.
(1) A contract, agreement, arrangement or undertaking made or entered into by TAB, if not executed, discharged or otherwise terminated before the incorporation day, is taken to be a contract, agreement, arrangement or undertaking entered into by the Company.(2) A person who is a party to any such contract or agreement is not entitled to terminate that contract or agreement by reason only of the operation of this Act.
(1) The appointment of a person as a director of TAB is revoked on the incorporation day.(2) A person is not entitled to any compensation or other payment in respect of the revocation of an appointment under subsection (1) despite anything to the contrary in the instrument of appointment.
10. Existing staff of TAB to be transferred
(1) On the incorporation day, the employment of all employees of TAB is terminated and they become employees of the Company.(2) On the incorporation day, the Company becomes the employer of each employee of TAB.(3) An employee of TAB –(a) is taken to have been employed by the Company for the same remuneration as he or she was receiving immediately before the incorporation day; and(b) retains all existing and accrued rights relating to leave as if service as an employee of the Company were a continuation of his or her service as an employee of TAB; and(c) may claim those rights against the Company.(4) The period of service of an employee of TAB is taken to be service as an employee of the Company.(5) Nothing in subsection (1) or (2) prevents any of the terms or conditions of employment of an employee of TAB being altered by an award, agreement or any other law having effect after the incorporation day.(6) If the Long Service Leave (State Employees) Act 1994 applied to a transferred employee immediately before the incorporation day, that Act continues to apply to the transferred employee unless –(a) he or she gives written notice to the Company that he or she elects that that Act not apply; or(b) an award or agreement provides otherwise.(7) The termination of an employee's employment under subsection (1) is not to be regarded as a cessation of employment for superannuation purposes.
(1) The Governor may make regulations for the purpose of this Act.(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or the TOTE Tasmania Act 2000 .(3) A provision referred to in subsection (2) may take effect on the day on which this section commences or a later day.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Racing and Gaming; and(b) the department responsible to the Minister for Racing and Gaming in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.
The amendments effected by this section have been incorporated into the authorised version of the Racing and Gaming Regulations 1976 .
The amendment effected by this section has been incorporated into the authorised version of the Government Business Enterprises Act Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Racing and Gaming Act 1952 .
The amendments effected by this section have been incorporated into the authorised version of the Racing Act 1983 .
See Schedule 1 .
See Schedule 2 .
See Schedule 3 .
SCHEDULE 1 - Substitution of "TOTE Tasmania" for "the Board"The amendments effected by Section 17 and this Schedule have been incorporated into the authorised version of the Racing and Gaming Act 1952 .
SCHEDULE 2 - Substitution of "TOTE Tasmania" for "TAB" in Racing and Gaming Act 1952The amendments effected by Section 18 and this Schedule have been incorporated into the authorised version of the Racing and Gaming Act 1952 .
SCHEDULE 3 - Substitution of "TOTE Tasmania" for "TAB" in Racing Act 1983The amendments effected by Section 19 and this Schedule have been incorporated into the authorised version of the Racing Act 1983 .