Version No. 100 Borrowing and Investment Powers Act 1987 No. 13 of 1987 Version incorporating amendments as at 1 November 2017

TABLE OF PROVISIONS Section Page

1 Version No. 100 Borrowing and Investment Powers Act 1987 No. 13 of 1987 Version incorporating amendments as at 1 November 2017

The Parliament of Victoria enacts as follows: Part 1—Preliminary 1 Purpose The purpose of this Act is to make provision for borrowing and investment powers for certain statutory bodies. 2 Commencement This Act comes into operation on a day or days to be proclaimed. 3 Definitions (1) In this Act— arrangement means any agreement, arrangement, understanding, promise or undertaking whether express or implied or any transaction; Australia means the Commonwealth of Australia and includes the territories of the Commonwealth; S. 3(1) def. of authorised deposit-taking institution has the same authorised deposit- meaning as in the Banking Act 1959 of the taking Commonwealth; institution inserted by No. 11/2001 s. 3(Sch. item 7.1(a)).

2 S. 3(1) def. of authority means a body, person or persons authority specified in column 1 of an item in amended by Nos 99/1993 Schedule 1; s. 5, 100/1995 s. 4(1).

S. 3(1) def. of * * * * * bank amended by No. 99/1993 s. 9, repealed by No. 11/2001 s. 3(Sch. item 7.1(b)).

financial accommodation means a financial benefit or assistance to obtain a financial benefit arising from or as a result of— (a) a loan; (b) issuing, endorsing or otherwise dealing in promissory notes; (c) drawing, accepting, endorsing or otherwise dealing in bills of exchange; (d) issuing, purchasing or otherwise dealing in securities; (e) granting or taking a lease of any real or personal property for financing but not for operating purposes; (f) any other arrangement that the Governor in Council on the recommendation of the Treasurer approves; S. 3(1) def. of financial arrangement means an arrangement financial arrangement establishing rights and obligations to receive substituted by or deliver property the value of which, or to No. 100/1995 s. 4(3). receive or make a payment in an amount which, or the value of which—

3 (a) depends on, or is derived from, the value, or price, at a particular future time or during a particular future period, of particular property, rights or liabilities; or (b) depends on, or is derived by reference to, a particular rate, index or other factor at a particular future time or during a particular future period; S. 3(1) def. of invest includes acquisition, sale or divestment of invest amended by an investment and entering into a transaction No. 56/2016 or arrangement for the protection or s. 14. enhancement of investments; lease means— (a) any lease, licence, charter or hiring arrangement of any real or personal property; or (b) any arrangement under which a right to use, operate, manage or provide services in respect of any real or personal property is granted by the owner to another person; prescribed means prescribed by the regulations; S. 3(1) def. of property means any legal or equitable estate or property inserted by interest (whether present or future and No. 100/1995 whether vested or contingent) in real or s. 4(2). personal property of any description; security includes inscribed stock and debenture, bond, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation whether constituting a charge on property of an authority or not.

4 (2) An approval given under this Act may be given unconditionally or subject to such conditions as the Governor in Council or the Treasurer, as the case may be, thinks fit. S. 3A 3A Application of sections of this Act inserted by No. 99/1993 s. 6. The sections of this Act specified in column 2 of an item in Schedule 1 apply to the authority specified in column 1 of that item.

5 Part 2—Borrowing powers1

Division 1—General 4 General borrowing authorisation An authority may, for the purpose of performing its functions or exercising its powers— (a) exercise any power conferred on it by this Part; and (b) with the approval of the Governor in Council on the recommendation of the Treasurer, do anything necessary for, or incidental to, the exercise of any power conferred on it by this Part.

Division 2—Financial accommodation

S. 5 5 Financial accommodation by way of overdraft in amended by Australia Nos 78/1988 s. 4(a), An authority to which this section applies may, 64/1991 s. 10(a), with the approval of the Treasurer, obtain a 99/1993 financial benefit or assistance to obtain a financial s. 7(a), 100/1995 s. 5, benefit by way of overdraft of account at any 11/2001 authorised deposit-taking institution or other s. 3(Sch. item 7.2). financial institution in Australia. S. 6 * * * * * amended by Nos 64/1991 s. 10(b), 99/1993 s. 7(b), repealed by No. 100/1995 s. 6. S. 7 * * * * * amended by No. 99/1993 s. 7(c), repealed by No. 100/1995 s. 6.

6 S. 8 8 Financial accommodation in Australia amended by Nos 78/1988 (1) An authority to which this section applies may, s. 4(b), with the approval of the Treasurer, obtain 64/1991 s. 10(a), financial accommodation within Australia. 99/1993 s. 7(d), (2) An authority to which this section applies may not substituted by No. 100/1995 obtain financial accommodation under this section s. 6. by granting or taking a lease of real or personal property. S. 9 9 Financial accommodation within or outside amended by No. 99/1993 Australia s. 7(e), substituted by (1) An authority to which this section applies may, No. 100/1995 s. 6. with the approval of the Treasurer, obtain financial accommodation within or outside Australia. (2) An authority to which this section applies may not obtain financial accommodation under this section by granting or taking a lease of real or personal property. S. 10 10 Financial leases amended by Nos 78/1988 s. 4(c), An authority to which this section applies may, 99/1993 with the approval of the Treasurer, obtain s. 7(f). financial accommodation within or outside Australia under an arrangement under which or as part of which the authority enters into a lease of the whole or any part of real or personal property. S. 11 11 Financial arrangements amended by Nos 64/1991 s. 10(b), An authority to which this section applies— 99/1993 s. 7(g), (a) may, with the approval of the Treasurer, substituted by enter into and perform financial No. 100/1995 s. 7. arrangements to hedge, protect or manage the value of its assets or liabilities, or prospective assets or liabilities, against movements in—

7 (i) currency rates, interest rates, prices of shares, property or commodities; or (ii) any other rates, costs or other factors specified by the Treasurer, including rates, costs or other factors that affect, or could affect, the value of its assets or liabilities or prospective assets or liabilities; and (b) may, with the approval of the Treasurer enter into financial arrangements to acquire or dispose of assets or liabilities. S. 11AA 11AA Limited validation of certain financial transactions inserted by No. 31/1991 s. 4, (1) If— amended by No. 99/1993 (a) an authority to which this section applies s. 7(h). entered into, or purported to enter into, a financial transaction that was not, or may not have been, a financial arrangement of a kind that the authority was authorised to enter into under section 4 and 11 or section 11; and (b) another party to the financial transaction entered into the financial transaction in good faith and with no reason to suspect, at the time of entering into the financial transaction, that the transaction was not a financial arrangement of a kind that the authority was authorised to enter into under section 4 and 11 or section 11— the financial transaction may be enforced as if it were a financial arrangement which the authority had been authorised to enter into. (2) Subsection (1) applies in relation to transactions entered into whether before or after the commencement of section 4 of the Borrowing and Investment Powers (Further Amendment) Act 1991.

8 S. 11AB 11AB Assumption of certain obligations and rights inserted by No. 85/1994 An authority to which this section applies may s. 3. assume obligations and rights under or in connection with financial accommodation obtained by another person and any security for that financial accommodation if— (a) the arrangements under which the other person obtained the financial accommodation or gave the security include provision for such an assumption by the authority; or (b) all the parties to those arrangements and the authority agree in writing to the assumption by the authority— and the Treasurer gives approval in writing. Pt 2 Div. 2A * * * * * (Heading and s. 11A) inserted by No. 78/1988 s. 5, amended by Nos 61/1992 s. 3, 99/1993 ss 7(i)(j), 10, 31/1995 s. 52(Sch. 1 items 1.1, 1.2), repealed by No. 40/2013 s. 3(1).

Division 3—Guarantees 12 Guarantee of overdraft certified by Treasurer S. 12(1) (1) This section applies in relation to the provision to amended by Nos 78/1988 an authority to which this section applies of a s. 6(a), financial benefit, or assistance to obtain a 64/1991 s. 10(c), financial benefit, referred to in section 5. 99/1993 s. 7(k).

9 (2) If the Treasurer executes a certificate in or to the effect of the prescribed form relating to the provision to an authority of a financial benefit or assistance to obtain a financial benefit referred to in section 5, the due satisfaction of amounts payable by the authority as a result of or in connection with the provision to the authority of the financial benefit or assistance including, without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to enforce or obtain such satisfaction is guaranteed by the Government of Victoria. 13 Statutory guarantee S. 13(1) (1) This section applies in relation to the provision amended by Nos 99/1993 to an authority to which this section applies s. 7(l), (other than Victorian Power Exchange, 130/1993 s. 119(2)(a), Generation Victoria or National Electricity) of— 110/1994 s. 34(a). (a) a financial benefit or assistance to obtain a financial benefit referred to in section 5; or (b) financial accommodation— S. 13(1)(b)(i) * * * * * repealed by No. 100/1995 s. 8(1).

(ii) to which section 8 or 9 applies, unless the Treasurer executes a guarantee under section 14 in relation to the financial accommodation. (2) The due satisfaction of amounts payable by an authority as a result of or in connection with the provision to the authority of financial accommodation including, without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or

10 endeavouring to enforce or obtain such satisfaction is guaranteed by the Government of Victoria. 14 Guarantee of financial accommodation S. 14(1) (1) This section applies in relation to the provision to amended by Nos 78/1988 an authority to which this section applies of s. 6(b), financial accommodation to which section 8, 9 64/1991 s. 10(a), or 10 applies. 99/1993 s. 7(m). (2) The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person or body of persons guaranteeing the due satisfaction of amounts that become payable and of other actions required to be performed as a result of or in connection with the provision to the authority of financial accommodation including, without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to enforce or obtain such satisfaction. S. 14A 14A Guarantee of certain obligations inserted by No. 85/1994 s. 4. (1) This section applies in relation to the assumption by an authority to which this section applies of obligations and rights in accordance with section 11AB. (2) The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person or body of persons guaranteeing the due satisfaction of amounts that become payable and of other actions required to be performed as a result of or in connection with the provision by the authority of obligations and rights in accordance with section 11AB including, without limiting the generality of the foregoing, the payment of

11 expenses of enforcing or obtaining or endeavouring to enforce or obtain such satisfaction. 15 Guarantee of financial arrangements S. 15(1) (1) This section applies in relation to an authority to amended by Nos 64/1991 which this section applies which has entered into a s. 10(b), financial arrangement to which section 11 applies. 99/1993 s. 7(n).

(2) If the Treasurer executes a certificate in or to the effect of the prescribed form relating to a financial arrangement entered into by an authority the due satisfaction of all amounts which become payable including, without limiting the generality of the foregoing, the payment of the expenses of enforcing or obtaining or endeavouring to enforce or obtain such satisfaction, is guaranteed by the Government of Victoria. 16 Appropriation for guarantee (1) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee by or on behalf of the Government of Victoria provided by this Division or given under this Division shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly). (2) Any sums received or recovered by the Treasurer from an authority or otherwise in respect of any sums paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund. 17 Assignment and enforcement of guarantees (1) The whole or any part of the benefit of a guarantee under this Division may be assigned by the person entitled to the benefit for the time being, unless the terms and conditions of the guarantee otherwise provide.

12 (2) A guarantee under this Part has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.

Division 4—Miscellaneous

S. 17A 17A Application of Act to certain authorities under the inserted by Water Act 19892 No. 99/1993 s. 11. (1) In this section— Authority has the same meaning as in the Water Act 1989 but does not include the Rural Water Corporation. S. 17A(2) (2) The Governor in Council, by Order published in substituted by No. 45/1997 the Government Gazette, may declare that s. 6. sections of this Act specified in the Order apply to an Authority specified in the Order. S. 17AB 17AB Application of Act to TAFE institutes inserted by No. 76/2013 s. 29. (1) The Governor in Council, by Order published in the Government Gazette, may declare that sections of this Act specified in the Order apply to a TAFE institute specified in the Order. (2) In this section TAFE institute has the same meaning as it has in section 1.1.3(1) of the Education and Training Reform Act 2006. S. 17B 17B Application to State instrumentalities inserted by No. 45/1997 s. 7. (1) In this section— public authority means— (a) an agency or instrumentality of the State established by or under an Act; (b) a body established by an Act a member of which, or a member of the governing body of which, is appointed by the Governor in Council or a Minister;

13 (c) a body corporate established under section 14 of the State Owned Enterprises Act 1992. (2) The Governor in Council, by Order published in the Government Gazette, may declare that sections of this Act specified in the Order apply to a public authority specified in the Order. (3) In addition to the powers conferred on it by or under the Act by or under which it is established, a public authority specified in an Order in force under subsection (2) has the powers conferred on it by the sections of this Act specified in the Order. 18 Regulations with respect to securities (1) The Governor in Council may make regulations for the purposes of this Part for or with respect to any of the following— (a) the form of securities issued under this Part in Australia; (b) the issue of securities under this Part in Australia; (c) the rights attached to securities issued under this Part in Australia; (d) the keeping of registers of securities issued under this Part in Australia; (e) fees payable for inspection of or to obtain copies of or extracts from registers kept in Australia of securities issued under this Part in Australia; (f) the sale and transfer of securities issued under this Part in Australia;

14 (g) any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part. (2) Regulations made under this Part— (a) may be of general or specially limited application; and (b) may differ according to differences in time, place or circumstance.

15 Part 3—Investment powers

Division 1—Preliminary 19 General investment authorisation An authority may, for the purpose of performing its functions or exercising its powers— (a) exercise any power conferred on it by this Part; and (b) with the approval of the Governor in Council on the recommendation of the Treasurer, do anything necessary for, or incidental to, the exercise of any power conferred on it by this Part.

Division 2—Investment

S. 20 20 Power to invest moneys amended by Nos 78/1988 An authority to which this section applies may, s. 6(c), with the approval of the Treasurer, invest moneys 64/1991 s. 10(a), of the authority in any manner approved by the 99/1993 Governor in Council on the recommendation of s. 7(o). the Treasurer in relation to the authority. S. 20A 20A Limited validation of certain investments inserted by No. 31/1991 s. 5, (1) If— amended by No. 99/1993 (a) an authority to which this section applies s. 7(p). entered into, or purported to enter into, a transaction or arrangement in the exercise of a power of investment that was not, or may not have been, a power of a kind that the authority was authorised to exercise under section 19 and 20 or section 20; and

16 (b) another party to the transaction or arrangement entered into the transaction or arrangement in good faith and with no reason to suspect, at the time of entering into the transaction or arrangement, that the transaction or arrangement was not entered into by the authority in the exercise of a power of investment of a kind that the authority was authorised to exercise under section 19 and 20 or section 20— the transaction or arrangement may be enforced as if it had been entered into by the authority in the exercise of a power of investment under section 19 and 20 or section 20. (2) Subsection (1) applies in relation to transactions and arrangements entered into whether before or after the commencement of section 5 of the Borrowing and Investment Powers (Further Amendment) Act 1991. S. 21 21 Trading in investments amended by Nos 78/1988 s. 6(d), An authority to which this section applies and to 64/1991 which the Governor in Council on the s. 10(a), 99/1993 recommendation of the Treasurer has given s. 7(q). approval for the purposes of this section, may exercise any power in relation to investments that a natural person may exercise and, without limiting the generality of the foregoing— (a) may sell, barter, exchange or otherwise dispose of or get in any of its investments; and (b) may vary or transpose any of its investments for other investments in which the authority is authorised to invest.

17 S. 22 22 Underwriting amended by Nos 64/1991 s. 10(b), An authority to which this section applies may, 99/1993 with the approval of the Governor in Council on s. 7(r). the recommendation of the Treasurer, underwrite or sub-underwrite the issue by a body corporate or unincorporate of any shares, units in a unit trust or securities in which the authority is authorised to invest.

18 Part 4—Consequential amendments and transitional provisions

Ss 23–25 * * * * * repealed by No. 99/1993 s. 12(1).

26 Transitional provisions (1) A provision of an Act amended by section 23 continues to apply to or in respect of— (a) moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and financial arrangements entered into and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act before the commencement of that section; and (b) moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act after that commencement, pursuant to arrangements entered into before that commencement— as if that section had not been enacted. (2) A provision of an Act amended by section 24 continues to apply to or in respect of the investment of moneys or exercise of powers made before the commencement of that section as if that section had not been enacted.

19 27 Enforcement of guarantees given before commencement of section A guarantee given by or on behalf of the Government or State of Victoria or by the Treasurer and in force under an Act before the commencement of this section has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.

Pt 5 (Heading and ss 28–30) inserted by Part 5—Guarantees etc. for economic No. 99/1993 s. 4. development projects

S. 28 28 Definitions inserted by No. 99/1993 s. 4. In this Part— development includes establishment, continuation, increase, facilitation, encouragement or promotion; industry includes— (a) the production of goods and services in Victoria; (b) manufacturing or processing in Victoria; (c) the provision of employment opportunities in Victoria; (d) the export of Victorian produce, products or services, whether or not outside Australia; (e) the promotion of Victorian goods and services;

20 (f) tourism and tourist accommodation and other facilities for tourists in Victoria; (g) any activity within Victoria approved by the Treasurer as an industry for the purposes of this Part.

S. 29 29 Treasurer may execute guarantee etc. inserted by No. 99/1993 s. 4.

S. 29(1) (1) The Treasurer, on such terms and conditions as amended by Nos 84/1996 the Treasurer thinks fit, may execute a guarantee s. 467(Sch. 6 in favour of a person or body (not being a item 4.1), 9/2013 cooperative under the Cooperatives National Law s. 42(Sch. 2 (Victoria))— item 4). (a) in respect of money advanced or to be advanced or other credit facilities provided— (i) to assist in the development of an industry or class of industry; or (ii) to re-pay or re-finance money previously borrowed to assist in the development of an industry or class of industry; or (b) in respect of the performance of any obligation by a person or body under an agreement or contract relating to the development of an industry or class of industry.

21 S. 29(2) (2) The Treasurer, on such terms and conditions as amended by the Treasurer thinks fit, may execute an indemnity Nos 84/1996 s. 467(Sch. 6 or covenant in favour of a person or body item 4.2), (not being a co-operative under the Cooperatives 9/2013 s. 42(Sch. 2 National Law (Victoria)) in respect of any item 4). expense, loss, damage, cost or liability incurred or that may be incurred by that person or body under or in respect of an agreement or contract relating to, or in respect of anything done in connection with, the development of an industry or class of industry.

S. 30 30 Provisions applying to guarantees etc. under this inserted by No. 99/1993 Part s. 4. (1) If the Treasurer so determines, a guarantee, indemnity or covenant under this Part may include interest charges and expenses chargeable by the creditor against the debtor and the expenses of enforcing or obtaining, or endeavouring to enforce or obtain, payment of the debt to which the guarantee, indemnity or covenant relates and those interest charges and expenses. (2) The Treasurer may require the creditor to which a guarantee, indemnity or covenant under this Part relates to hold securities of such nature as the Treasurer requires for the payment of the debt or the performance of other obligations to which the guarantee, indemnity or covenant relates. (3) The Treasurer may secure from the debtor to which a guarantee, indemnity or covenant under this Part relates an indemnity against loss suffered as a result of the failure of the debtor to pay the debt or perform the other obligations to which the guarantee, indemnity or covenant relates and hold

22 securities of such nature as the Treasurer requires in respect of the indemnity. (4) A guarantee, indemnity or covenant under this Part is not enforceable against the Treasurer unless and until the creditor, to the satisfaction of the Treasurer, has exercised the creditor's rights under all securities, if any, held by or for the creditor in respect of the debt or other obligation to which the guarantee, indemnity or covenant relates, other than the guarantee, indemnity or covenant itself. (5) The creditor must not, without the consent in writing of the Treasurer, assign or encumber the benefit of a guarantee, indemnity or covenant under this Part. (6) Such sums as may from time to time become due and payable by the Treasurer under a guarantee, indemnity or covenant under this Part shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

23 Schedules

Sch. 1 Schedule 1 amended by Nos 33/1988 s. 53, 81/1988 s. 40(1)(a)(b), 13/1989 s. 12, 20/1989 s. 42(4), 64/1991 s. 10(d), 110/1993 s. 22(2)(3), substituted by No. 99/1993 s. 8 (as amended by No. 4/1994 s. 3).

Column 1 Column 2 Item Authority Sections that apply

Sch. 1 Aboriginal Heritage Council 5, 8, 11, 12, 14, 15, 20, 20A item 1AAA and 21 inserted by No. 93/1997 s. 24, repealed b y No. 53/1999 s. 26(Sch. item 2), new Sch. 1 item 1AAA inserted by No. 11/2016 s. 135.

1AAA. Sch. 1 Australian Centre for the 5, 8, 11, 13, 20, 20A, 21 item 1AA Moving Image inserted by No. 2/1997 s. 31, substituted by No. 87/2001 s. 59(a).

1AA. Sch. 1 item Construction Industry Long 5, 11, 11AA, 12, 20, 20A, 21, 1 amended 24 1. Service Leave Board 22

Column 1 Column 2 Item Authority Sections that apply

Sch. 1 item Council of Trustees of the 5, 8, 11, 12, 20, 20A and 21 1A inserted National Gallery of Victoria by No. 61/1996 s. 88(a).

1A. Sch. 1 item Country Fire Authority 5, 8, 11, 11AA, 12, 14, 15, 20, 2 amended 20A, 21 by No. 100/1995 s. 8(2)(b).

2. Sch. 1 item * * * * * 2A inserted by No. 100/1995 s. 8(3), repealed by No. 59/2003 s. 116(a).

Sch. 1 item Emergency Services 5, 8, 11, 11AA, 12, 14, 15, 20, 3 amended Superannuation Board 20A, 21, 22 by No. 100/1995 s. 8(2)(c).

3. Sch. 1 item Energy Safe Victoria 5, 8, 10, 11, 11AA, 12, 14, 15, 3A inserted 20, 20A and 21 by No. 39/2005 s. 53(1).

3A. Sch. 1 item Film Victoria 5, 8, 11, 13, 20, 20A, 21 4 repealed by No. 31/1995 s. 52(Sch. 1 item 1.3), new Sch. 1 25 4.

Sch. 1 item Gas Transmission 5, 8, 10, 11, 11AA, 11AB, 13, 4A inserted Corporation 14, 14A, 15, 20, 20A and 21 by No. 112/1994 s. 113, amended by No. 100/1995 s. 8(2)(d).

4A.

Column 1 Column 2 Item Authority Sections that apply

Sch. 1 item GASCOR 5, 8, 10, 11, 11AA, 11AB, 13, 4B inserted 14, 14A, 15, 20, 20A and 21 by No. 112/1994 s. 113, amended by No. 100/1995 s. 8(2)(d).

4B. Sch. 1 item * * * * * 5 amended by No. 100/1995 s. 8(2)(e), repealed by No. 84/1998 s. 31(2).

Sch. 1 item Director of Housing 5, 8, 10, 11, 11AA, 13, 14, 15, 6 amended 20, 20A, 21 by No. 100/1995 s. 8(2)(f).

6.

26 Sch. 1 item Library Board of Victoria 5, 8, 11, 12, 20, 20A and 21 6A inserted by No. 61/1996 s. 88(b).

6A. Sch. 1 Linking Melbourne Authority 5, 8, 10, 11, 11AA, 11AB, 13, item 6AA 14, 14A, 15, 20, 20A and 21 inserted by No. 6/2010 s. 203(1) (Sch. 6 item 3.1) (as amended by No. 45/2010 s. 22).

6AA. Sch. 1 item Melbourne 2006 5, 8, 10, 11, 11AA, 11AB, 12, 6B inserted Commonwealth Games 14, 14A, 15, 20, 20A and 21. by No. 64/2003 Corporation s. 10.

6B. Sch. 1 item * * * * * 7 amended by No. 100/1995 s. 8(2)(g), repealed by No. 43/1998 s. 50.

Column 1 Column 2 Item Authority Sections that apply

Sch. 1 Melbourne and Olympic 5, 8, 10, 12, 14, 20, 21. item 7AA Parks Trust inserted by No. 56/1997 s. 12.

7AA. Sch. 1 item Victorian Ports Corporation 5, 8, 10, 11, 11AA, 11AB, 13, 7A inserted (Melbourne) 14, 14A, 15, 20, 20A and 21 by No. 82/1995 27 7A.

Sch. 1 Port of Hastings Development 5, 8, 10, 11, 11AA, 11AB, 13, item 7B Authority 14, 14A, 15, 20, 20A and 21 inserted by No. 38/2011 s. 35.

7B.

Sch. 1 item Melbourne Water 5, 8, 9, 10, 11, 11AA, 13, 14, 8 amended Corporation 15, 20, 20A, 21 by Nos 100/1995 s. 8(2)(h), 40/2013 s. 3(2)(a).

8. Sch. 1 item * * * * * 8A inserted by No. 104/1997 s. 40, repealed b y No. 63/1999 s. 14(a).

Sch. 1 item * * * * * 8B inserted by No. 104/1997 s. 40, repealed b y No. 63/1999 s. 14(b).

28 Sch. 1 item * * * * * 8C inserted by No. 104/1997 s. 40, repealed b y No. 63/1999 s. 14(c).

Column 1 Column 2 Item Authority Sections that apply Sch. 1 item * * * * * 8D inserted by No. 104/1997 s. 40, repealed b y No. 63/1999 s. 14(d).

Sch. 1 item Metropolitan Fire Brigades 5, 8, 11, 11AA, 12, 14, 15, 20, 9 amended Board 20A, 21 by No. 100/1995 s. 8(2)(i).

9. Sch. 1 item Museums Board of Victoria 5, 8, 11, 12, 20 20A and 21 9A inserted by No. 61/1996 s. 88(c).

9A. Sch. 1 item * * * * * 9B inserted by No. 99/1997 s. 122, repealed by No. 39/2005 s. 53(2).

* * * * *

29 Sch. 1 item 9C inserted by No. 25/1998 s. 168, repealed by No. 39/200 5 s. 53(2).

Sch. 1 item * * * * * 10 inserted by No. 100/1995 s. 8(4), repealed b y No. 10/2005 s. 3(Sch. 1 item 3).

Sch. 1 item Port of Melbourne Authority 5, 8, 10, 11, 11AA, 13, 14, 15, 11 20, 20A, 21 amended by No. 100/1995 s. 8(2)(i).

11. Sch. 1 Registrar of Housing 5, 8, 10, 11, 11AA, 13, 14, 15, item 11AA Agencies 20, 20A, 21 inserted by No. 106/2004 s. 16.

11AA. Column 1 Column 2 Item Authority Sections that apply

Sch. 1 Residential Tenancies Bond 5, 8, 11, 11AA, 20, 20A and 21 item 11A Authority inserted by No. 109/1997 s. 531.

11A.

30 Sch. 1 item Rural Water Corporation 5, 8, 9, 10, 11, 11AA, 13, 14, 12 15, 20, 20A, 21 amended by No. 100/1995 s. 8(2)(j).

12. Sch. 1 * * * * * item 12A inserted by No. 25/2003 s. 26, repealed b y No. 6/2010 s. 202(3).

Sch. 1 item * * * * * 13 repealed by No. 120/1994 s. 80, new Sch. 1 item 13 inserted by No. 45/1999 s. 46, amended b y No. 95/2005 s. 12(1), repealed by No. 26/2009 s. 13.

Sch. 1 item State Electricity Commission 5, 8, 9, 10, 11, 11AA, 13, 14, 14 of Victoria 15, 20, 20A, 21 amended by Nos 100/1995 s. 8(2)(j), 40/2013 s. 3(2)(b).

14.

31 Sch. 1 item * * * * * 15 repealed by No. 120/1994 s. 80.

Sch. 1 item State Insurance Office 5, 11, 11AA, 12, 20, 20A, 21, 16 22 amended by No. 100/1995 s. 8(2)(k).

16.

Column 1 Column 2 Item Authority Sections that apply

Sch. 1 item * * * * * 17 repealed by No. 120/1994 s. 80.

Sch. 1 Public Transport Corporation 5, 8, 10, 11, 11AA, 11AB, 12, item 17A 13, 14, 14A, 15, 20, 20A inserted by No. 85/1994 and 21 s. 5, amended b y No. 100/1995 s. 8(2)(l).

17A. Sch. 1 item Transport Accident 5, 8, 11, 11AA, 13, 14, 20, 21, 18 repealed Commission 22 by No. 37/1994 s. 231, new Sch. 1 item 18 inserted by No. 100/1995 s. 8(5).

18.

32 Sch. 1 item Transport Infrastructure 5, 8, 10, 11, 11AA, 11AB, 13, 19 repealed Development Agent 14, 14A, 15, 20, 20A and 21 by No. 120/1994 s. 80, new Sch. 1 item 19 inserted by No. 6/2010 s. 204(1).

19. Sch. 1 item Treasury Corporation of Subject to the Treasury 20 Victoria Corporation of Victoria amended by Nos Act 1992, 5, 8, 9, 10, 11, 116/1994 11AA, 11AB, 13, 14, 14A, 15, s. 37(1)(a) 20, 20A, 21, 22 (b), 100/1995 s. 8(2)(m).

20. Sch. 1 * * * * * item 20AA inserted by No. 71/1997 s. 31, amended by No. 29/2001 s. 9, repealed b y No. 59/2003 s. 116(a).

Column 1 Column 2 Item Authority Sections that apply

Sch. 1 VENCorp 5, 8, 9, 10, 11, 11AA, 14, 15, item 20AB 20, 20A and 21 inserted by No. 91/1997 s. 42(1).

20AB.

33 Sch. 1 Victorian Regional Channels 5, 8, 10, 11, 11AA, 11AB, 13, item 20A Authority 14, 14A, 15, 20, 20A and 21 inserted by No. 82/1995 s. 194(2), amended by Nos 45/1997 s. 8, 85/2003 s. 31.

20A. Sch. 1 item Dairy Food Safety Victoria 5, 8, 10, 12, 14, 20, 20A, 21 21 amended by No. 37/2000 s. 69.

21. Sch. 1 Victorian Managed Insurance 5, 8, 11, 11AA, 13, 14, 15 20, item 21A Authority 20A, 21, 22 inserted by No. 11/1996 s. 36, amended b y No. 56/2016 s. 15(a).

21A. 22. Victorian Meat Authority 5, 8, 10, 12, 14, 20, 20A, 21 Sch. 1 item Victorian Plantations 5, 8, 10, 11, 12, 14, 20, 20A, 21 23 Corporation amended by No. 73/1996 s. 7.

23. Sch. 1 Victorian Rail Track 5, 8, 10, 11, 11AA, 11AB, 13, item 23AA 14, 14A, 15, 20, 20A and 21 inserted by No. 79/1996 s. 57(1).

23AA.

34 Sch. 1 Development Victoria 5, 8, 10, 11, 11AA, 11AB, item 23AB 12, 13, 14, 14A, 15, 20, 20A inserted by No. 59/2003 and 21 s. 116(b), amended b y Nos 35/201 1 s. 16, 10/2017 s. 30.

23AB Column 1 Column 2 Item Authority Sections that apply

Sch. 1 Victorian WorkCover 5, 8, 11, 11AA, 13, 14, 20, 21, item 23A Authority and 22 inserted by No. 100/1995 s. 8(6).

23A. Sch. 1 V/Line Corporation 5, 8, 10, 11, 11AA, 11AB, 13, item 23B 14, 14A, 15, 20, 20A and 21 inserted by No. 79/1996 s. 57(2), repealed by No. 63/1999 s. 14(e), new Sch. 1 item 23B inserted by No. 34/2003 s. 16(2), amended b y No. 6/2010 s. 203(1) (Sch. 6 item 3.2) (as amended by No. 45/2010 s. 22).

23B. * * * * *

35 Sch. 1 item 23C inserted by No. 98/1998 s. 44, repealed b y No. 63/1999 s. 14(f).

Sch. 1 item Water Authority declared 5, 8, 11, 11AA, 12, 14, 20, 24 under section 17A 20A, 21 amended by No. 100/1995 s. 8(2)(n).

24.

Column 1 Column 2 Item Authority Sections that apply

Sch. 1 * * * * * item 24A inserted by No. 121/1994 s. 212, amended by No. 100/1995 s. 8(2)(n), repealed by No. 66/2000 s. 53.

Sch. 1 item Government Superannuation 5, 11, 11AA, 12, 20, 20A, 21, 25 Office 22 amended by Nos 100/1995 s. 8(2)(o), 8/1999 s. 49(2).

36 25. Sch. 1 item * * * * * 26 amended by Nos 53/1994 s. 30, 110/1994 s. 34(b), 100/1995 s. 8(2)(p), repealed by No. 91/1997 s. 42(2).

Sch. 1 item Generation Victoria 5, 8, 9, 10, 11, 11AA, 14, 15, 27 20, 20A, 21 amended by No. 100/1995 s. 8(2)(p).

27. Sch. 1 item Power Net Victoria 5, 8, 9, 10, 11, 11AA, 14, 15, 28 20, 20A, 21 amended by Nos 110/1994 s. 34(c), 100/1995 s. 8(2)(p).

28. Sch. 1 item Victorian Funds Management 5, 8, 10, 11, 11AA, 13, 14, 15, 30 inserted Corporation 20, 20A, 21, 22 by No. 61/1994 s. 41, amended by Nos 100/1995 s. 8(2)(q), 56/2016 s. 15(b).

30.

Column 1 Column 2 Item Authority Sections that apply

37 Sch. 1 item Melbourne Convention and 5, 8, 10, 11, 11AA, 12, 14, 20, 31 inserted Exhibition Trust 21 by No. 41/1994 s. 40, amended by No. 100/1995 s. 8(2)(r), substituted by No. 71/1996 s. 34.

31. Sch. 1 item Australian Grand Prix 5, 8, 10, 11, 11AA, 13, 15, 20, 32 inserted Corporation 20A, 21 by No. 68/1994 s. 52, amended by No. 100/1995 s. 8(2)(r).

32. Sch. 1 item Queen Victoria Women's 5, 20, 20A, 21 33 inserted Centre Trust by No. 103/1994 s. 26.

33. Sch. 1 item * * * * * 34 inserted by No. 116/1994 s. 37(2), amended by No. 100/1995 s. 8(2)(r), repealed by No. 81/2000 s. 40.

Sch. 1 item State Sport Centres Trust 5, 8, 13, 20 and 21 34 inserted by No. 117/1994 s. 36, substituted as Sch. 1 item 35 by

38 35.

Column 1 Column 2 Item Authority Sections that apply

Sch. 1 item * * * * * 36 inserted by No. 18/1995 s. 23(2), amended by No. 100/1995 s. 8(2)(t), repealed b y No. 22/2004 s. 29.

Sch. 1 item Zoological Parks and Gardens 5, 8, 11, 11AA, 12, 14, 15, 20, 37 inserted Board 20A, and 21 by No. 106/1995 s. 50, amended by No. 45/1997 s. 8.

37. Sch. 1 item Parliamentary Trustee 5, 12, 20, 20A, 21, 22 39 inserted by No. 4/1996 s. 76.

39. Sch. 1 item Victorian Curriculum and 20, 20A and 21 40 inserted Assessment Authority by No. 96/2000 s. 22.

40.

39 Sch. 1 item Victorian Qualifications 20, 20A and 21 41 inserted Authority by No. 97/2000 s. 35.

41. Sch. 1 item 2007 World Swimming 5, 8, 10, 11, 11AA, 11AB, 12, 42 inserted Championships Corporation 14, 14A, 15, 20, 20A and 21 by No. 95/2004 s. 89.

42. Sch. 1 item Kardinia Park Stadium Trust 5, 8, 10, 11, 12, 13,14, 20 43 inserted and 21 by No. 7/2016 s. 48.

43.

Sch. 1 item Heritage Council 5, 8, 10, 11, 12, 13,14, 44 inserted 20 and 21 by No. 7/2017 s. 295.

44.

Sch. 1A * * * * * inserted by No. 78/1988 s. 7, amended by Nos 49/1989 s. 140, 88/1992 s. 85, 40/1993 s. 83, 61/1993 s. 37, repealed by No. 99/1993 s. 8.

Sch. 1B * * * * * inserted by No. 64/1991 s. 10(e), repealed by No. 99/1993 s. 8.

* * * * *

40 Sch. 2 amended by Nos 81/1989 s. 3(Sch. item 2), 50/1992 s. 10(Sch. item 2), 80/1992 s. 52(a)(i)(ii), 130/1993 s. 119(2)(b), repealed by No. 99/1993 s. 8. Sch. 2A * * * * * inserted by No. 78/1988 s. 8, repealed by No. 99/1993 s. 8.

Sch. 3 * * * * * amended by Nos 33/1988 s. 53, 81/1988 s. 40(1)(a)(b), 13/1989 s. 12, 20/1989 s. 42(4), 64/1991 s. 10(d), 80/1992 s. 52(b)(i)(ii), 110/1993 s. 22(3), repealed by No. 99/1993 s. 8.

Sch. 4 * * * * * amended by Nos 21/1988 s. 60(1), 23/1988 s. 61(9), 50/1988 s. 93(1), repealed by No. 99/1993 s. 12(2).

* * * * *

41 Sch. 5 amended by Nos 21/1988 s. 60(1), 23/1988 s. 61(9), 50/1988 s. 93(1), repealed by No. 99/1993 Sch. 6 s. 12(2). * * * * * amended by Nos 21/1988 s. 60(1), 23/1988 s. 61(9), 50/1988 s. 93(1), 31/1991 s. 6, repealed by No. 99/1993 s. 12(2).

═══════════════

42 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 24 March 1987 Legislative Council: 28 April 1987 The long title for the Bill for this Act was "A Bill to make provision for borrowing and investment powers for certain statutory bodies and for other purposes.". The Borrowing and Investment Powers Act 1987 was assented to on 12 May 1987 and came into operation as follows: Parts 1, 3, sections 24, 26(2) on 14 October 1987: Government Gazette 14 October 1987 page 2712; rest of Act on 18 November 1987: Government Gazette 18 November 1987 page 3138.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

43 • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).

44 2 Table of Amendments This publication incorporates amendments made to the Borrowing and Investment Powers Act 1987 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Hospitals Superannuation Act 1988, No. 21/1988 Assent Date: 17.5.88 Commencement Date: 1.7.88: Government Gazette 18.5.88 p. 1273 Current State: All of Act in operation Local Authorities Superannuation Act 1988, No. 23/1988 Assent Date: 17.5.88 Commencement Date: Pts 1, 7 on 1.9.87: s. 2(2); rest of Act on 25.5.88: Government Gazette 25.5.88 p. 1458 Current State: All of Act in operation Transport Superannuation Act 1988, No. 33/1988 Assent Date: 17.5.88 Commencement Date: 1.7.88: Government Gazette 18.5.88 p. 1273 Current State: All of Act in operation State Superannuation Act 1988, No. 50/1988 Assent Date: 24.5.88 Commencement Date: S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87: s. 2(2); Pt 1, Pt 6 Div. 2, s. 91 on 1.1.88: s. 2(3); rest of Act on 1.7.88: Government Gazette 1.6.88 p. 1487 Current State: All of Act in operation Borrowing and Investment Powers (Amendment) Act 1988, No. 78/1988 Assent Date: 20.12.88 Commencement Date: S. 10(1) on 18.11.87: s. 2(2); rest of Act on 27.4.89: Special Gazette (No. 21) 27.4.89 p. 1 Current State: All of Act in operation Superannuation Acts (Amendment) Act 1988, No. 81/1988 Assent Date: 20.12.88 Commencement Date: Ss 21, 22, 25 on 1.1.88: s. 2(1); ss 5, 10, 29, 31 on 1.7.88: s. 2(2); rest of Act on 20.12.88 s. 2(3) Current State: All of Act in operation State Insurance Office (Amendment) Act 1989, No. 13/1989 Assent Date: 9.5.89 Commencement Date: 9.5.89 Current State: All of Act in operation State Casual Employees Superannuation Act 1989, No. 20/1989 Assent Date: 16.5.89 Commencement Date: 1.7.89: Government Gazette 7.6.89 p. 1358 Current State: All of Act in operation

45 Egg Industry Act 1989, No. 49/1989 Assent Date: 14.6.89 Commencement Date: All of Act (except s. 63) on 2.8.89: Government Gazette 2.8.89 p. 1907; s. 63 never proclaimed, repealed by No. 47/1993 s. 4 Current State: All of Act in operation Water (Consequential Amendments) Act 1989, No. 81/1989 Assent Date: 5.12.89 Commencement Date: 1.11.90: Government Gazette 15.8.90 p. 2473 Current State: All of Act in operation Borrowing and Investment Powers (Further Amendment) Act 1991, No. 31/1991 Assent Date: 12.6.91 Commencement Date: S. 6 on 12.5.87: s. 2(1); rest of Act on 12.6.91: s. 2(2) Current State: All of Act in operation Emergency Services Superannuation (MFBSF Transfer) Act 1991, No. 64/1991 Assent Date: 19.11.91 Commencement Date: All of Act (except ss 7–9) on 20.11.91: Government Gazette 20.11.91 p. 3146; s. 7 on 1.1.92: s. 2(2); s. 8 on 1.7.91: s. 2(3); s. 9 on 9.9.92: Government Gazette 9.9.92 p. 2634 Current State: All of Act in operation Water (Rural Water Corporation) Act 1992, No. 50/1992 Assent Date: 30.6.92 Commencement Date: 1.7.92: Government Gazette 1.7.92 p. 1629 Current State: All of Act in operation Borrowing and Investment Powers (Melbourne Water Corporation) Act 1992, No. 61/1992 Assent Date: 17.11.92 Commencement Date: 17.11.92 Current State: All of Act in operation Treasury Corporation of Victoria Act 1992, No. 80/1992 Assent Date: 24.11.92 Commencement Date: 1.1.93: Special Gazette (No. 69) 23.12.92 p. 1 Current State: All of Act in operation Dairy Industry Act 1992, No. 88/1992 Assent Date: 26.11.92 Commencement Date: 24.12.92: Special Gazette (No. 70) 24.12.92 p. 1 Current State: All of Act in operation Meat Industry Act 1993, No. 40/1993 Assent Date: 1.6.93 Commencement Date: S. 83 on 30.6.93: Government Gazette 24.6.93 p. 1596 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

46 Victorian Plantations Corporation Act 1993, No. 61/1993 Assent Date: 8.6.93 Commencement Date: Ss 1–3 on 8.6.93: s. 2(1); rest of Act on 1.7.93: Government Gazette 24.6.93 p. 1596 Current State: All of Act in operation Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993 (as amended by No. 4/1994) Assent Date: 23.11.93 Commencement Date: Ss 1–3 on 23.11.93: s. 2(1); rest of Act on 23.5.94: s. 2(3) Current State: All of Act in operation Public Sector Superannuation (Administration) Act 1993, No. 110/1993 (as amended by No. 4/1994) Assent Date: 30.11.93 Commencement Date: S. 22 on 30.11.93: s. 2(1) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Electricity Industry Act 1993, No. 130/1993 (as amended by No. 4/1994) Assent Date: 14.12.93 Commencement Date: S. 119 on 14.12.93: s. 2(1) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Gaming and Betting Act 1994, No. 37/1994 Assent Date: 2.6.94 Commencement Date: S. 231 on 2.6.95: s. 2(3) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Melbourne Exhibition Centre Act 1994, No. 41/1994 Assent Date: 7.6.94 Commencement Date: S. 40 on 18.8.94: Government Gazette 18.8.94 p. 2240 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Electricity Industry (Amendment) Act 1994, No. 53/1994 Assent Date: 15.6.94 Commencement Date: S. 30 on 3.10.94: Special Gazette (No. 64) 27.9.94 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

47 Victorian Funds Management Corporation Act 1994, No. 61/1994 Assent Date: 15.6.94 Commencement Date: S. 41 on 19.7.94: Special Gazette (No. 50) 19.7.94 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Australian Grands Prix Act 1994, No. 68/1994 Assent Date: 25.10.94 Commencement Date: Pt 1 (ss 1–6) on 25.10.94: s. 2(1); rest of Act on 28.10.94: Government Gazette 27.10.94 p. 2854 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Borrowing and Investment Powers (Public Transport Corporation) Act 1994, No. 85/1994 Assent Date: 6.12.94 Commencement Date: 6.12.94 Current State: All of Act in operation Queen Victoria Women's Centre Act 1994, No. 103/1994 Assent Date: 13.12.94 Commencement Date: Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 15.6.95: Government Gazette 15.6.95 p. 1416 Current State: All of Act in operation Electricity Industry (Further Amendment) Act 1994, No. 110/1994 Assent Date: 20.12.94 Commencement Date: S. 34 on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Gas Industry Act 1994, No. 112/1994 Assent Date: 20.12.94 Commencement Date: S. 113 on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Melbourne City Link Authority Act 1994, No. 116/1994 Assent Date: 20.12.94 Commencement Date: Pt 1 (ss 1–6) on 20.12.94: s. 2(1); rest of Act on 22.12.94: Government Gazette 22.12.94 p. 3385 Current State: All of Act in operation Melbourne Sports and Aquatic Centre Act 1994, No. 117/1994 Assent Date: 20.12.94 Commencement Date: Ss 1, 2 on 20.12.94: s. 2(1); rest of Act on 1.6.95: Special Gazette (No. 45) 31.5.95 p. 1 Current State: All of Act in operation

48 Superannuation Acts (Further Amendment) Act 1994, No. 120/1994 Assent Date: 20.12.94 Commencement Date: S. 80 on 20.12.94: s. 2(1) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Water Industry Act 1994, No. 121/1994 Assent Date: 20.12.94 Commencement Date: Ss 1, 2 on 20.12.94: s. 2(1); rest of Act on 1.1.95: Special Gazette (No. 105) 23.12.94 p. 1 Current State: All of Act in operation Australian Food Industry Science Centre Act 1995, No. 18/1995 Assent Date: 16.5.95 Commencement Date: Pt 1 (ss 1–4) on 16.5.95: s. 2(1); rest of Act on 1.6.95: Government Gazette 1.6.95 p. 1310 Current State: All of Act in operation Gas and Fuel Corporation (Repeal) Act 1995, No. 31/1995 Assent Date: 6.6.95 Commencement Date: S. 52(Sch. 1 items 1.1–1.3) on 21.6.95: Special Gazette (No. 49) 14.6.95 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Port Services Act 1995, No. 82/1995 Assent Date: 28.11.95 Commencement Date: S. 194 on 14.12.95: Government Gazette 14.12.95 p. 3488—see Interpretation of Legislation Act 1984 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995 Assent Date: 5.12.95 Commencement Date: Ss 3–8 on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Zoological Parks and Gardens Act 1995, No. 106/1995 Assent Date: 5.12.95 Commencement Date: S. 50 on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

49 Superannuation Acts (Amendment) Act 1996, No. 4/1996 Assent Date: 18.6.96 Commencement Date: S. 76 on 30.6.96: s. 2(12) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Victorian Managed Insurance Authority Act 1996, No. 11/1996 Assent Date: 25.6.96 Commencement Date: S. 36 on 1.10.96: Special Gazette (No. 115) 1.10.96 p. 22 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Arts Institutions (Amendment) Act 1996, No. 61/1996 Assent Date: 17.12.96 Commencement Date: S. 88(a)–(c) on 6.2.97: Government Gazette 6.2.97 p. 257—see Interpretation of Legislation Act 1984 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Melbourne Convention and Exhibition Trust Act 1996, No. 71/1996 Assent Date: 17.12.96 Commencement Date: S. 34 on 5.2.97: Special Gazette (No. 16) 5.2.97 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996 Assent Date: 17.12.96 Commencement Date: S. 7 on 17.12.96: s. 2(1) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Rail Corporations Act 1996, No. 79/1996 Assent Date: 17.12.96 Commencement Date: S. 57(1)(2) on 1.3.97: Special Gazette (No. 11) 28.1.97 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Co-operatives Act 1996, No. 84/1996 Assent Date: 23.12.96 Commencement Date: S. 467(Sch. 6 item 4) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

50 Cinemedia Corporation Act 1997, No. 2/1997 Assent Date: 22.4.97 Commencement Date: S. 31 on 1.7.97: s. 2(3) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Miscellaneous Acts (Omnibus No. 3) Act 1997, No. 45/1997 Assent Date: 11.6.97 Commencement Date: Pt 4 (ss 5–8) on 11.6.97: s. 2(1) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Melbourne and Olympic Parks (Amendment) Act 1997, No. 56/1997 Assent Date: 21.10.97 Commencement Date: S. 12 on 1.11.97: s. 2(3) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Urban Land Corporation Act 1997, No. 71/1997 Assent Date: 18.11.97 Commencement Date: S. 31 on 3.2.98: Special Gazette (No. 5) 3.2.98 p. 5 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Gas Industry (Further Amendment) Act 1997, No. 91/1997 Assent Date: 9.12.97 Commencement Date: S. 42 on 11.12.97: Special Gazette (No. 155) 9.12.97 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Audit (Amendment) Act 1997, No. 93/1997 Assent Date: 16.12.97 Commencement Date: S. 24 on 16.12.97: s. 2(1) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Gas Safety Act 1997, No. 99/1997 Assent Date: 16.12.97 Commencement Date: S. 122 on 1.2.99: Government Gazette 21.1.99 p. 80 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

51 Rail Corporations (Amendment) Act 1997, No. 104/1997 Assent Date: 16.12.97 Commencement Date: S. 40 on 11.6.98: Government Gazette 11.6.98 p. 1314 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Residential Tenancies Act 1997, No. 109/1997 Assent Date: 23.12.97 Commencement Date: S. 531 on 1.7.98: Government Gazette 18.6.98 p. 1512 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Electricity Safety Act 1998, No. 25/1998 Assent Date: 12.5.98 Commencement Date: S. 168 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998 Assent Date: 26.5.98 Commencement Date: S. 50 on 1.7.98: s. 2(4) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Superannuation Acts (Amendment) Act 1998, No. 84/1998 Assent Date: 17.11.98 Commencement Date: S. 31(2) on 1.1.99: s. 2(2) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Rail Corporations (Further Amendment) Act 1998, No. 98/1998 Assent Date: 24.11.98 Commencement Date: S. 44 on 29.4.99: Government Gazette 29.4.99 p. 967 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Government Superannuation Act 1999, No. 8/1999 Assent Date: 11.5.99 Commencement Date: S. 49(2) on 1.7.99: s. 2(1) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

52 Rail Corporations and Transport Acts (Amendment) Act 1999, No. 45/1999 Assent Date: 8.6.99 Commencement Date: S. 46 on 1.7.00: s. 2(3) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Audit (Amendment) Act 1999, No. 53/1999 Assent Date: 14.12.99 Commencement Date: S. 26(Sch. item 2) on 1.1.00: Government Gazette 23.12.99 p. 2764 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Melbourne Sports and Aquatic Centre (Amendment) Act 1999, No. 60/1999 Assent Date: 21.12.99 Commencement Date: S. 19 on 3.2.00: Government Gazette 3.2.00 p. 169 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Rail Corporations and Transport Acts (Miscellaneous Amendments) Act 1999, No. 63/1999 Assent Date: 21.12.99 Commencement Date: S. 14 on 1.1.01: s. 2(3) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Dairy Act 2000, No. 37/2000 Assent Date: 6.6.00 Commencement Date: S. 69 on 30.9.00: Government Gazette 28.9.00 p. 2375 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Water Industry (Amendment) Act 2000, No. 66/2000 Assent Date: 8.11.00 Commencement Date: S. 53 on 1.12.01: s. 2(4) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Melbourne City Link (Miscellaneous Amendments) Act 2000, No. 81/2000 Assent Date: 28.11.00 Commencement Date: S. 40 on 1.3.02: Special Gazette (No. 37) 26.2.02 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

53 Victorian Curriculum and Assessment Authority Act 2000, No. 96/2000 Assent Date: 5.12.00 Commencement Date: S. 22 on 1.3.01: Government Gazette 1.3.01 p. 303 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Victorian Qualifications Authority Act 2000, No. 97/2000 Assent Date: 5.12.00 Commencement Date: S. 35 on 1.3.01: Government Gazette 1.3.01 p. 304 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 7) on 1.6.01: s. 2(2) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Urban Land Corporation (Amendment) Act 2001, No. 29/2001 Assent Date: 12.6.01 Commencement Date: S. 9 on 1.7.01: Government Gazette 21.6.01 p. 1338 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Film Act 2001, No. 87/2001 Assent Date: 11.12.01 Commencement Date: S. 59 on 1.1.02: Government Gazette 13.12.01 p. 3063 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Port Services (Port of Melbourne Reform) Act 2003, No. 23/2003 Assent Date: 13.5.03 Commencement Date: S. 25 on 3.11.03: Government Gazette 30.10.03 p. 2744 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Southern and Eastern Integrated Transport Authority Act 2003, No. 25/2003 Assent Date: 13.5.03 Commencement Date: S. 26 on 1.7.03: Special Gazette (No. 118) 17.6.03 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

54 Transport (Miscellaneous Amendments) Act 2003, No. 34/2003 Assent Date: 27.5.03 Commencement Date: S. 16(2) on 15.7.03: Special Gazette (No. 138) 15.7.03 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Victorian Urban Development Authority Act 2003, No. 59/2003 Assent Date: 16.6.03 Commencement Date: S. 116 on 1.8.03: Government Gazette 31.7.03 p. 2125 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Commonwealth Games Arrangements (Governance) Act 2003, No. 64/2003 Assent Date: 30.9.03 Commencement Date: S. 10 on 7.10.03: Special Gazette (No. 182) 7.10.03 p. 1 Current State: This information relates only to the provisions amending the Borrowing and Investment Powers Act 1987 Port Services (Port Management Reform) Act 2003, No. 85/2003 Assent Date: 11.11.03 Commencement Date: S. 31 on 1.4.04: Government Gazette 1.4.04 p. 714 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Primary Industries Legislation (Miscellaneous Amendments) Act 2004, No. 22/2004 Assent Date: 18.5.04 Commencement Date: S. 29 on 1.7.04: Government Gazette 24.6.04 p. 1742 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 World Swimming Championships Act 2004, No. 95/2004 Assent Date: 7.12.04 Commencement Date: S. 89 on 16.2.05: Government Gazette 10.2.05 p. 217 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Housing (Housing Agencies) Act 2004, No. 106/2004 Assent Date: 21.12.04 Commencement Date: S. 16 on 1.1.05: s. 2(1) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

55 Statute Law Revision Act 2005, No. 10/2005 Assent Date: 27.4.05 Commencement Date: S. 3(Sch. 1 item 3) on 28.4.05: s. 2 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Energy Safe Victoria Act 2005, No. 39/2005 Assent Date: 27.7.05 Commencement Date: S. 53 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Transport Legislation (Further Miscellaneous Amendments) Act 2005, No. 95/2005 Assent Date: 29.11.05 Commencement Date: S. 12(1) on 13.12.05: Special Gazette (No. 254) 13.12.05 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Transport Legislation General Amendments Act 2009, No. 26/2009 Assent Date: 17.6.09 Commencement Date: S. 13 on 31.7.09: Special Gazette (No. 259) 28.7.09 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: Ss 202(3), 203(1)(Sch. 6 item 3), 204(1) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011 Assent Date: 5.7.11 Commencement Date: S. 16 on 25.10.11: Special Gazette (No. 342) 25.10.11 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987

56 Transport Legislation Amendment (Port of Hastings Development Authority) Act 2011, No. 38/2011 Assent Date: 23.8.11 Commencement Date: S. 35 on 1.1.12: s. 2(2) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Co-operatives National Law Application Act 2013, No. 9/2013 Assent Date: 13.3.13 Commencement Date: S. 42(Sch. 2 item 4) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Borrowing and Investment Powers Amendment Act 2013, No. 40/2013 Assent Date: 28.6.13 Commencement Date: S. 3 on 28.6.13: s. 2 Current State: All of Act in operation Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013 Assent Date: 17.12.13 Commencement Date: S. 29 on 17.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Kardinia Park Stadium Act 2016, No. 7/2016 Assent Date: 1.3.16 Commencement Date: S. 48 on 16.3.16: Special Gazette (No. 55) 15.3.16 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016 Assent Date: 22.3.16 Commencement Date: S. 179(Sch. 1 item 1) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Aboriginal Heritage Amendment Act 2016, No. 11/2016 Assent Date: 5.4.16 Commencement Date: S. 135 on 1.8.16: s. 2(2) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers

57 Act 1987

Victorian Funds Management Corporation Amendment Act 2016, No. 56/2016 Assent Date: 18.10.16 Commencement Date: Ss 14, 15 on 1.1.17: Special Gazette (No. 346) 15.11.16 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Heritage Act 2017, No. 7/2017 Assent Date: 15.3.17 Commencement Date: S. 295 on 1.11.17: s. 2(2) Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017 Assent Date: 27.3.17 Commencement Date: S. 30 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1 Current State: This information relates only to the provision/s amending the Borrowing and Investment Powers Act 1987 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

58 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication.

59 4 Explanatory details

60 1 Pt 2: Section 9 of the Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995 reads as follows: 9 Transitional (1) An approval of the Treasurer under section 6 or 8 of the Principal Act as in force immediately before the commencement of this subsection has effect, on and after that commencement, as an approval of the Treasurer under section 8 of the Principal Act as amended by this Part. (2) An approval of the Treasurer under section 7 or 9 of the Principal Act as in force immediately before the commencement of this subsection has effect, on and after that commencement, as an approval of the Treasurer under section 9 of the Principal Act as amended by this Part. (3) An approval of the Treasurer under section 11 of the Principal Act as in force immediately before the commencement of this subsection has effect, on and after that commencement, as an approval of the Treasurer under that section of the Principal Act as amended by this Part.

2 S. 17A: Section 25 of the Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993 reads as follows: 25 Transitional provisions—declared Authorities (1) If an Authority is declared under section 17A of the Principal Act to be a Water Authority to which Schedule 1 applies, Division 4 of Part 13 of the Water Act 1989 continues to apply to or in respect of— (a) financial accommodation obtained by that Authority under that Division before the declaration; and

(b) financial accommodation obtained by that Authority under that Division after the declaration, pursuant to arrangements entered into before the declaration; and (c) the investment of money by that Authority before the declaration— as if the declaration had not been made. (2) A guarantee by the Government of Victoria in force under section 255(3) of the Water Act 1989 immediately before an Authority is declared under section 17A of the Principal Act to be a Water Authority to which Schedule 1 applies has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.