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This is a Bill, not an Act. For current law, see the Acts databases.
Energy Services Corporations
Amendment (Distributor Efficiency)
Bill 2013
No , 2013
A Bill for
An Act to amend the Energy Services Corporations Act 1995 to make further
provision for the operational efficiency of energy distributors.
Clause 1 Energy Services Corporations Amendment (Distributor Efficiency) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Energy Services Corporations Amendment (Distributor 3
Efficiency) Act 2013. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Energy Services Corporations Amendment (Distributor Efficiency) Bill 2013
Amendment of Energy Services Corporations Act 1995 No 95 Schedule 1
Schedule 1 Amendment of Energy Services 1
Corporations Act 1995 No 95 2
[1] Sections 9A and 9B 3
Insert after section 9: 4
9A Joint board of energy distributors 5
(1) Each of the energy distributors is to have the same board of 6
directors and for that purpose there is to be a single board 7
(referred to in this Act as the joint board of the energy 8
distributors) that is to constitute the board of directors of each of 9
the energy distributors. 10
(2) The joint board is to act in the best interests of energy distributors 11
as a combined operation (as if their individual businesses were 12
being operated as parts of a single enterprise) even if acting in 13
that way is not in the best interests of one or more individual 14
energy distributors. 15
(3) A reference in this Act, the State Owned Corporations Act 1989 16
or the constitution of an energy distributor to the voting 17
shareholders is, in connection with the joint board of the energy 18
distributors, a reference to the voting shareholders of all the 19
energy distributors. 20
9B Directions affecting commercial interests of energy distributors 21
(1) An energy distributor is not entitled to be reimbursed under 22
section 20N of the State Owned Corporations Act 1989 in 23
connection with compliance with a direction under that section 24
that is not in the commercial interests of the energy distributor if 25
the direction is in the combined commercial interests of energy 26
distributors. 27
(2) If the direction is not in the combined commercial interests of 28
energy distributors, any amount that the energy distributor is 29
entitled to be reimbursed in connection with compliance with the 30
direction is to be reduced by the amount of the net benefit 31
accruing to any other energy distributor as a result of compliance 32
with the direction. 33
(3) A direction is considered to be in the combined commercial 34
interests of energy distributors if the joint board of the energy 35
distributors considers that compliance with the direction would 36
be in the commercial interests of a single enterprise that 37
comprised the individual businesses of the energy distributors 38
being operated as part of that single enterprise. 39
Page 3
Energy Services Corporations Amendment (Distributor Efficiency) Bill 2013
Schedule 1 Amendment of Energy Services Corporations Act 1995 No 95
[2] Schedule 2 Supplementary provisions concerning constitution and 1
procedure 2
Insert at the end of clause 1 (1): 3
Note. Under section 9A, each of the energy distributors has the same 4
board (the joint board of the energy distributors). 5
[3] Schedule 2, clause 1 (2A) 6
Insert after clause 1 (2): 7
(2A) The membership of the joint board of the energy distributors is to 8
be as provided by subclause (2) except that the chief executive 9
officer of each energy distributor is to be a member of the joint 10
board. 11
[4] Schedule 2, clause 2 (7) 12
Insert after clause 2 (6): 13
(7) The chief executive officer of an energy distributor may delegate 14
any functions of the chief executive officer to an employee of the 15
energy distributor, but this power is subject to any directions of 16
the joint board of the energy distributors. 17
[5] Schedule 5 Savings, transitional and other provisions 18
Omit clause 1 (1). Insert instead: 19
(1) The regulations may contain provisions of a savings or 20
transitional nature consequent on the enactment of this Act or any 21
Act that amends this Act. 22
[6] Schedule 5, Part 4 23
Insert at the end of the Schedule: 24
Part 4 Provisions consequent on enactment of 25
the Energy Services Corporations 26
Amendment (Distributor Efficiency) Act 27
2013 28
19 Membership of first joint board of energy distributors 29
On the commencement of section 9A: 30
(a) the members immediately before that commencement of 31
the board of each of the energy distributors cease to hold 32
office as such, and 33
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Energy Services Corporations Amendment (Distributor Efficiency) Bill 2013
Amendment of Energy Services Corporations Act 1995 No 95 Schedule 1
(b) the persons holding office immediately before that 1
commencement as members of the board of Ausgrid are 2
taken to have been appointed as members of the first joint 3
board of the energy distributors, and 4
(c) the person holding office immediately before that 5
commencement as chairperson of the board of Ausgrid is 6
taken to have been appointed as chairperson of the first 7
joint board of the energy distributors. 8
20 Actions of previous boards 9
Any act, matter or thing done or omitted to be done by the board 10
of an energy distributor before the commencement of section 9A 11
is taken to have been done or omitted by the joint board of the 12
energy distributors. 13
Page 5
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