New South Wales Consolidated Acts

ESSENTIAL SERVICES ACT 1988 - SECT 9

9 Regulations operative during currency of proclamation

(1) At the same time as a proclamation is made under section 8 in relation to an essential service, or after the making of such a proclamation, the Governor may make a regulation with respect to any one or more of the following matters--

(a) regulating, controlling, directing, restricting or prohibiting the provision of the essential service and the activities of any person involved in the provision of the essential service,

(b) authorising any person to exercise such functions as appear to the Governor to be necessary or expedient to ensure or facilitate the proper provision of the essential service, including the making or giving of any order or direction, and in particular (but without limiting paragraph (a) or this paragraph) authorising any person--

(i) to regulate, control, direct, restrict and prohibit the provision of the essential service, whether generally or for any purpose or purposes specified in the regulation, and

(ii) to direct a person who provides or is engaged in the provision of the essential service, to provide it to a person specified in the regulation, and

(iii) to specify the terms and conditions on which the essential service shall be provided, and

(iv) to direct that a person to whom an essential service is provided accept the provision of the essential service, and

(v) to make such orders, take such measures, give such directions and do such things as are in the opinion of the person necessary or expedient to carry into effect the purposes of this Act or the regulation,

(c) generally prescribing all such matters or things as the Governor considers necessary or expedient to be prescribed for the carrying into effect of the purposes of this Act or the regulation.

(2) Any such regulation--

(a) may be made before the proclamation under the authority of which it is made takes effect; but

(b) shall not take effect before that proclamation takes effect.

(3) Any such regulation and any order or direction made or given under the authority of the regulation--

(a) may be made or given so as to apply to or have operation throughout the whole or any specified part of the State, and

(b) may be made or given so as to operate for any period or periods or for any time or times or for any occasion or occasions specified in it, and

(c) may be of general operation or of specially limited operation according to any specified times, places, circumstances, conditions or restrictions, and

(d) may authorise a person specified in the regulation, order or direction--

(i) to enter any place, and

(ii) to take possession or control of, or use, any property,

used for or in connection with the essential service.

(4) Any order or direction referred to in subsection (3)--

(a) shall if published in the Gazette or on the NSW legislation website be taken to have been sufficiently served on or brought to the notice of all persons concerned or affected by it, and

(b) may be made or given so as to apply to any particular person and may be served on the person by delivering a copy of it to the person by hand, or by sending the copy to the person by post,

or in the case of a direction may be given orally or by telegram.

(5) Any such regulation shall, unless it sooner expires or is revoked, continue in force until the proclamation under the authority of which it was made is revoked or ceases to be in force.

(6) Any such regulation may provide that a person who contravenes a provision of the regulation is guilty of an offence against the regulation, and, in particular, may provide that a person who refuses or fails to comply with an order or direction made or given under the regulation is guilty of such an offence.

(7) An order or direction referred to in subsection (3) shall, unless it sooner expires or is revoked, continue in force until the regulation under the authority of which it was made or given is revoked.