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This is a Bill, not an Act. For current law, see the Acts databases.
Protection of Public Ownership
Bill 2009
No , 2009
A Bill for
An Act to prevent, without the approval of Parliament, the privatisation of
publicly-owned assets or agencies or of services provided by those agencies; and for
other purposes.
Clause 1 Protection of Public Ownership Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Protection of Public Ownership Act 2009. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Definitions 6
In this Act: 7
government school has the same meaning as it has in the Education Act 8
1990. 9
public authority means any of the following: 10
(a) a public authority constituted by or under an Act, 11
(b) a statutory body representing the Crown, 12
(c) a State owned corporation, 13
(d) a Division of the Government Service, 14
but does not include a council within the meaning of the Local 15
Government Act 1993. 16
public education authority means the Department of Education and 17
Training, a government school or a TAFE establishment and includes 18
the Crown on behalf of any such authority. 19
TAFE establishment has the same meaning as it has in the Technical 20
and Further Education Commission Act 1990. 21
4 Sale, lease or other disposal of publicly-owned assets prohibited 22
without Parliamentary mandate 23
(1) The following are not to be sold, leased or otherwise disposed of, unless 24
the disposal is approved by resolution of each House of Parliament: 25
(a) a public authority, 26
(b) any assets or main undertakings of a public authority or of any 27
entity owned by a public authority, 28
(c) any other assets of the State or of an entity owned by the State. 29
(2) This section does not apply to a sale, lease or other disposal to another 30
public authority, any entity owned by a public authority or any other 31
entity owned by the State. 32
(3) This section does not apply to a sale, lease or other disposal if the value 33
of the things being sold, leased or disposed of is less than $1,000,000. 34
Page 2
Protection of Public Ownership Bill 2009 Clause 5
(4) For the purposes of this section, the main undertakings of an entity are: 1
(a) in relation to a State owned corporation and any of its 2
subsidiaries--the main undertakings as specified in the most 3
recent statement of corporate intent of the State owned 4
corporation, or 5
(b) in relation to any other entity--the main business carried out by, 6
and business activities of, that entity. 7
5 Sale, lease or other disposal of, or prevention of public access to, 8
travelling stock reserves prohibited without Parliamentary mandate 9
(1) A travelling stock reserve must not be sold, leased or otherwise 10
disposed of, or dealt with in any way that prevents public access to the 11
reserve, unless the disposal or other dealing is approved by resolution 12
of each House of Parliament. 13
(2) In this section, travelling stock reserve has the same meaning as it has 14
in the Rural Lands Protection Act 1998. 15
6 Restrictions on sale and use of certain land by public education 16
authorities 17
(1) A public education authority must not sell any land owned by it unless 18
it has entered into a contract for the purchase of land that: 19
(a) has a value equal to, or greater than, the land being sold, and 20
(b) has an area equal to, or greater than, the land being sold, and 21
(c) is in a location that is in the same general area as the land being 22
sold. 23
(2) A public education authority must not lease any land owned by it, or 24
otherwise allow the use of such land, unless the land is not required for 25
public education purposes and the land is to be used for another public 26
purpose. 27
(3) Records relating to the sale of land owned by a public education 28
authority, and the lease or use of such land for purposes other than 29
public education, must be kept by the public education authority. An 30
annual report containing such records and a description of such sales, 31
leases and uses during the previous year must be prepared and tabled in 32
each House of Parliament. 33
Page 3
Clause 7 Protection of Public Ownership Bill 2009
7 Outsourcing of certain services by public authorities prohibited without 1
Parliamentary mandate 2
(1) A public authority must not enter into any arrangements for its services 3
to be provided, or any of its activities to be carried out, by persons or 4
bodies other than its staff (or the staff of another public authority) unless 5
the arrangements are approved by resolution of each House of 6
Parliament. 7
(2) This section does not apply to arrangements if the cost of having 8
services provided, or activities carried out, in accordance with the 9
arrangements will cost, or earn, the public authority less than 10
$1,000,000 during each year that the arrangements are in place. 11
8 Savings and transitional provision 12
Section 7 does not apply in respect of any arrangements that are in place 13
before the commencement of this Act. 14
Page 4
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