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No. 3509. an Act Relating to the Purchase Bv the State Electricity Commission of Vic­ Toria of a Certain Undertaking at Shepparton for the Supply of Elec­ Tricity

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No. 3509. an Act Relating to the Purchase Bv the State Electricity Commission of Vic­ Toria of a Certain Undertaking at Shepparton for the Supply of Elec­ Tricity ]No. 3509. An Act relating to the Purchase bv the State Electricity Commission of Vic­ toria of a certain Undertaking at Shepparton for the Supply of Elec­ tricity. [13//?. September, 1927.] pr«MnMB. TTTHEREAS under an indenture made tlie twenty-third VV day of September One thousand nine hundred and twelve between the corporation styled The President Councillors and Eatepayers of the shire of Shepparton (hereinafter referred to as li the said municipality ") and the Provincial Electric Development Company Limited No.IOTA. a company registered under the Companies Act 1890 and an Order in Council (hereinafter referred to as u the original NO. HIS 8.10. Order ") numbered 88 under the Electric Light and Power Act 1896 which Order came into force and effect on the fourth day of February One thousand nine hundred and thirteen and was expressed to continue in force for a period of thirty years unless revoked in the meantime the said company became the undertaker for the purposes of the original ()rder and was authorized to use and supply electrical energy "within the area of supply included therein and for the purposes set forth therein and under and subject to the provisions thereof: And whereas the original Order has not been revoked : And whereas by an agreement made the thirteenth day of January One thousand nine hundred and fifteen between the said company (in the said agreement called 18 G EO. V.] State Electricity Commission [No. 3509 17 (Shepparton Purchase). called " the undertaker '') and The India Rubber Gutta Rercha and Telegraph Works Company Limited a company registered under the Companies Act 1915 whose registered office is situate at 175 William-street Melbourne (in the said agreement called "the purchaser") the said undertaker transferred and assigned and the said purchaser accepted subject to the approval of the Governor in Council all the legal powers duties and liabilities given to and imposed upon the said undertaker by the original Order and bv any agreements existing- between the said under- taker and the council of the shire of Shepparton : And whereas by an indenture made the eighteenth diiv of January One thousand nine hundred and fifteen between the said municipality and the said last-mentioned company the said municipality so far as it lawfully could and subject to the terms of the last-mentioned indenture consented to the transfer to the last-mentioned company of the original Order and of tire powers and rights of the first-mentioned company under the first-mentioned indenture: And whereas bv an Order in Council dated the seventh day of April One thousand nine hundred and fifteen and endorsed upon the instrument the transfer in terms of the said agreement dated the thirteenth dav of January aforesaid was approved: And whereas by an Order in Council dated the twenty-sixth day of April One ' thousand nine hundred and twentv-one the rates charged for a supply of electrical energy under the original Order r were varied: And whereas under the powers conferred by ' section three of the State Electricity Commission Act 1922 NO.32«6B.S. the said The India Rubber Gutta Percha and Telegraph Works Company Limited and the State Electricity Commission of Victoria (hereinafter referred to as "the Commission") have entered into the agreement a copy whereof is set out in the Schedule to this Act: And achcduie. whereas the Minister has made such inquiries as are required under the said section and the Governor in Council by Order of the eighteenth day of September One thousand Bee Government i ii i , i JI i l v .1 '1 Gazette 3rd nine hundred and tvventv-three has approved of the said October 1023, agreement: And whereas under the said section the said agreement is subject to ratification by Parliament in such form as Parliament thinks lit: And whereas pursuant to the ;.£ said agreement the Commission on the first day of January * One thousand nine hundred and twenty-five entered into .. possession of the undertaking : And whereas it is expedient to 18 18 GEO. V.] State Electricity Commission [No. 3509 (Shepparton Purchase). to ratify the said agreement and to provide for carrying the same into effect and to make further provision with respect to the foregoing matters as hereinafter enacted: Be it there* fore enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parlia­ ment assembled and by the authority of the same as follows (that is to say): — Short title. 1. This Act may be cited as the State Electricity Commission (Shepparton Purchase) Act 1927. interpretation. o yn this Act unless inconsistent with the context or subject-matter— " Oommi93lon." " Commission " means the State Electricity Commission of Victoria. " Company." " Company "joieans The India "Rubber Gutta Percha and Telegraph Works Company Limited. "The "The agreement" means the agreement as executed a agreement." Schedule. copy of which is set out in the Schedule to this Act. ?auS5ton*ofana 3- ^ne agreement is hereby ratified and validated as agreement. on an(] from the date of the agreement and the Commission is hereby authorized and shall be deemed to have been authorized to carry the agreement into effect. JSSSiSigsin ^- ^n fr°m an(J a^,er tue nrs^ day °f January One commission. thousand nine hundred and twenty-five— (a) the works and undertaking of the company includ­ ing all lands being part of such undertaking and the fee simple and inheritance thereof and all the estate use trust and interest of the company or any other person therein and also the benefit of any Orders in Council in respect thereof shall by virtue of and without further or other conveyance transfer or assignment than this Act be vested and be deemed to have been vested in the Com­ mission as fully and effectively to all intents and purposes as if the said undertaking (including the said lands) had been conveyed by the company or any other such person and freed 18 Geo. V:] State Ehctrieity Oommismn [No. 350© 19 (Sh&pparton Purchase). freed and discharged from all mortgages and charges and anv debts obligations and liabilities of the company in connexion therewith and attaching thereto and to the exclusion of the company and any municipality and all other persons or bodies of persons corporate or unincorporate and without liability for any payment or compensation whatsoever by the Commission other than the payment expressly provided for in the agreement; (b) the said works and undertaking shall be and be deemed to have been merged in and form part of the works and undertakings of the Com­ mission under the Acts relating tc the Commission ; (c) the Commission may exercise and shall be deemed to have been authorized and empowered to exercise all rights powers authorities and privileges conferred by the said Orders in Council so far as the same are not incon­ sistent with or repugnant to this Act and unless and until such Orders are revoked rescinded amended or varied pursuant to this Act ; (d\ the company shall transfer to the Commission all consumer*' V ' l l l i i\ i deposit*. moneys held by the company as consumers deposits and the Commission may hold and apply such moneys as provided in the agree­ ment. 6. Where for the purposes of this Act or of the Power to agreement i. t i. s m. th,, e opinio. n ofr th.i e ,^(governot r in r\Counci «l1 Governocouncil r tIon ° . ^ L ^ I ty .1 revoke or necessary to rescind revoke amend or vary any or the amend orders. hereinbefore recited Orders in Council the Governor in Council may (notwithstanding anything in any Act cr Order in Council) by Order published in the Government Gazette rescind or revoke the same or amend or vary the same to conform to the altered circumstances and any < h-der so amended or varied shall take effect accordingly. 6. On from and after the first day of January One gJ^J^f thousand nine hundred and twenty-live the Commission shall be and be deemed to have been authorized to carry, on and operate any works and undertaking vested in the Commission by virtue of this Act and for that purpose the provisions [No. 3509 20 18 GEO. V.] State Electricity Commission (Shepparton Purchase). Ho.2M«».i2i provisions of section twelve of the State Electricity Com­ mission Act 1918 as amended by any Act shall extend and apply so as to authorize the Commission to supply electricity for public or private purposes to any person or body of persons corporate or unincorporate within the area of supply mentioned in the hereinbefore recited original Order. n e y8payabl £ e r ° ?• All moneys required to be paid by the Commission bfJroSded0 under the agreement shall be provided out of moneys appwpSPby heretofore or hereafter appropriated by Parliament for the "Parliament ~" *. purpose. Preamble SCHEDULE. Section 8. THIS AGREEMENT made the thirtieth day of May One thousand nine hundred and twenty-three Between THE INDIA BUBBER GUTTA PERCHA ' AND TELEGRAPH WORKS COMPANY LIMITED of 106 Cannon-street London England and whose Victorian Office is situate at No. 175 William-street in the City of Melbourne (hereinafter and in the annexed documents referred to as " the Vendor ") of the one part and the STATE ELECTRICITY COMMISSION OF VICTORIA hereinafter and in the said documents referred to as " the Purchaser ") of the other part WHEREAS the Vendor is an undertaker within the meaning of and referred to in Sections 43 and 44 of the Electric Light and Power Act 1915 No.
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