New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Division:
"former Act" means the Electricity Act 1945 .
"former distributor" means an electricity distributor constituted under the
former Act.
"new distributor" means an energy distributor constituted under this Act.
(1) The Minister may direct, by order in writing, that any specified staff, assets, rights or liabilities of a former distributor be transferred to such energy services corporation, or to such other person or body acting on behalf of the Crown, as is specified in the order.
(2) Such an order may be made on such terms and conditions as are specified in the order.
(3) Schedule 3 applies to the transfer of staff, assets, rights or liabilities under this clause.
The directors for each former distributor become the directors for the new distributor of the same name for the residue of their terms of office as, and subject to the same conditions (including conditions as to remuneration) as those of their appointment as, directors of the former distributor.
The chief executive officer of each former distributor becomes the chief executive officer for the new distributor of the same name for the residue of his or her term of office as, and subject to the same conditions (including conditions as to remuneration) as those of his or her appointment as, chief executive officer of the former distributor.
(1) The office of general manager is abolished in relation to each former distributor.
(2) This clause does not affect any contract of employment under which any such general manager is employed.
(1) If, before the commencement of this clause:(a) the Director of Planning has notified a former distributor of requirements as to the form and content of a proposed environmental impact statement or any other matter to be attended to by or on behalf of the former distributor in accordance with Part 5 of the Environmental Planning and Assessment Act 1979 , or(b) a former distributor, or a person on its behalf, has commenced the preparation of an environmental planning impact statement under that Part, or(c) an environmental impact statement has been prepared by or on behalf of a former distributor under that Part,that Part applies in relation to the activity concerned as if the former distributor had continued in existence and the Minister were the former distributor.
(2) This clause is subject to the regulations under clause 1.
(1) Each former distributor is dissolved.
(2) The assets, rights and liabilities (if any) of a former distributor immediately before its dissolution are by this clause transferred to the Ministerial Holding Corporation established under section 37B of the State Owned Corporations Act 1989 .
(3) On and from the dissolution of a former distributor, each new distributor of the same name is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the former distributor.
(4) This clause does not affect any transfer of assets, rights and liabilities by or under this clause or clause 7.
In this Division:
"former Act" means the Electricity Transmission Authority Act 1994 .
"former Authority" means the Electricity Transmission Authority constituted by
the former Act.
"former staff" means the persons who were members of the staff of the former
Authority immediately before the dissolution of the former Authority (other
than the Chief Executive of the former Authority), and includes any such
person who was seconded to a subsidiary company pursuant to section 26 of the
former Act.
(1) The Minister may direct, by order in writing:(a) that all assets, rights and liabilities of the former Authority, or(b) that any specified assets, rights and liabilities of the former Authority, or(c) that all assets, rights and liabilities of the former Authority other than those specified,be transferred to TransGrid.
(2) The Minister may also direct, by order in writing, that any specified assets, rights and liabilities of the former Authority be transferred to any other person or body acting on behalf of the Crown as is specified in the order.
(3) An order under this clause may be made on such terms and conditions as are specified in the order.
(4) Schedule 3 applies to a transfer of assets, rights and liabilities under this clause.
(5) Section 20C of the State Owned Corporations Act 1989 does not apply to the assets, rights or liabilities of the former Authority.
(1) The part-time directors of the Board of the former Authority become, on the dissolution of the former Authority, directors of the Board of TransGrid.
(2) Those directors are taken to have been appointed to the Board of TransGrid for a term of one year from that dissolution.
(3) The part-time director referred to in section 16 (2) (c) of the former Act is taken to have been appointed as the director referred to in clause 1 (2) (b) of Schedule 2 to this Act.
(4) The part-time director who was, on the dissolution of the former Authority, the Chairperson of the Board of the former Authority is taken to have been appointed as the chairperson of the Board of TransGrid.
(1) The Chief Executive of the former Authority (if any) becomes, on the dissolution of the former Authority, the chief executive officer of TransGrid for the residue of his or her term of office as, and subject to the same conditions (including conditions as to remuneration) as those of his or her appointment as, Chief Executive of the former Authority.
(2) The other provisions of clause 2 of Schedule 2 apply to a chief executive officer taken to be appointed in accordance with this clause.
(1) All former staff are transferred to TransGrid on the dissolution of the former Authority.
(2) Schedule 3 applies to a transfer of staff under this clause.
(1) This clause applies to a person to whom clause 13C or 13D applies who held an executive position under Part 2A of the Public Sector Management Act 1988 immediately before the dissolution of the former Authority.
(2) Any such person is not entitled to exercise a right of return to the public sector under section 42R, or to seek compensation under section 42S, of the Public Sector Management Act 1988 :(a) on ceasing to hold the executive position on the dissolution of the former Authority, or(b) on ceasing to be employed by TransGrid.
(3) This clause applies despite anything to the contrary in this Act.
(1) The former Authority is dissolved.
(2) The assets, rights and liabilities (if any) of the former Authority immediately before its dissolution are by this clause transferred to the Ministerial Holding Corporation established under section 37B of the State Owned Corporations Act 1989 , if any such assets, rights or liabilities remain after the operation of any order under clause 13A that takes effect on or before its dissolution.
(3) On and from the dissolution of the former Authority, TransGrid is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the former Authority.
(1) A period within which any matter is required to be done under section 21 of the State Owned Corporations Act 1989 in connection with the first statement of corporate intent of TransGrid may be extended by the voting shareholders of TransGrid.
(2) The voting shareholders of TransGrid may also dispense with the need for the first statement of corporate intent to cover a specified period after the commencement of this clause or may direct that any such period be added to the period covered by the first statement of corporate intent.
(1) This clause applies if the former Act is repealed before the commencement of the National Electricity (NSW) Law and applies until such time as that Law commences.
(2) In this clause, a reference to the alternative Market and System Operator is a reference to the eligible person appointed (instead of TransGrid) as the Market and System Operator for the purposes of the Electricity Supply Act 1995 under section 77 (2) of that Act.
(3) The Minister may, by order, transfer to the alternative Market and System Operator specified employees of TransGrid. The transferred employees remain employees of TransGrid and are merely seconded to the alternative Market and System Operator.
(4) The Minister may, after consultation with the Treasurer, give the Board of TransGrid a written direction with respect to the provision of facilities, services or information by TransGrid to the alternative Market and System Operator to enable the exercise of that Operator's functions under the Electricity Supply Act 1995 . The Board must ensure that any such direction is carried out.
(5) Sections 9 (1A), 11 and 38 (1) of the former Act continue to have effect, as if references to the former Authority were references to:(a) TransGrid, and(b) the alternative Market and System Operator.
(6) Section 98U (1) (o) of the Stamp Duties Act 1920 and paragraph (a) (viic) of the definition of
"excluded debit" in section 3 (1) of the Debits Tax Act 1990 have effect as if a reference in those provisions to the former Authority were a reference to:(a) TransGrid, and(b) the alternative Market and System Operator.
A period within which any matter is required to be done under section 21 of the State Owned Corporations Act 1989 in connection with the first statement of corporate intent of an energy services corporation may be extended by the voting shareholders of the corporation.
(1) This clause applies to assets, rights and liabilities of a relevant body:(a) that comprise or relate to electricity transmission lines of 132kV (or lower voltage), substations, switching stations or other facilities, and(b) that are:(i) to be transferred with the agreement of the relevant body, or(ii) the subject of any directions, recommendations or arrangements for transfer given or made under this Act or any other Act before the commencement of this clause, or(iii) the subject of discussions and negotiations under clause 5 of Schedule 2 to the Electricity Transmission Authority Act 1994 before its repeal.
(2) The Minister may direct, by order in writing, that any such specified assets, rights and liabilities of a relevant body be transferred to another relevant body specified in the order.
(3) A
"relevant body" is an energy services corporation, the Ministerial Holding Corporation established under section 37B of the State Owned Corporations Act 1989 or any other person or body acting on behalf of the Crown.
(4) An order under this clause may be made on such terms and conditions as are specified in the order.
(5) Schedule 3 applies to a transfer of assets, rights and liabilities under this clause.
(6) This clause does not affect the power under this Act to make any other order to which Schedule 3 applies.
(7) The clause expires on the fifth anniversary of the day on which it commences.
In this Part:
"amending Act" means the Electricity Legislation Amendment (TransGrid) Act
2000 .
Any act done by an energy transmission operator with respect to the carrying out of telecommunications services before the commencement of this clause that could have validly been done had section 6C, as amended by the amending Act, been in force at the time it was done is taken at all times (to the extent of any invalidity) to have been validly done.
On the commencement of section 9A:
(a) the members immediately before that commencement of the board of each of the energy distributors cease to hold office as such, and
(b) the persons holding office immediately before that commencement as members of the board of Ausgrid are taken to have been appointed as members of the first joint board of the energy distributors, and
(c) the person holding office immediately before that commencement as chairperson of the board of Ausgrid is taken to have been appointed as chairperson of the first joint board of the energy distributors.
Any act, matter or thing done or omitted to be done by the board of an energy distributor before the commencement of section 9A is taken to have been done or omitted by the joint board of the energy distributors.
In this Part:
"former authority" means the Residual Business Management Corporation
constituted by the Pacific Power (Dissolution) Act 2003 .
(1) The former authority is dissolved.
(2) The assets, rights and liabilities of the former authority immediately before its dissolution are transferred to the Crown by this clause.
(3) Despite clause 4 of Schedule 3, the transfer of assets, rights and liabilities under this clause takes effect on 8 January 2015.
(4) The SAS Trustee Corporation may, at the request of the Treasurer, debit all or part of the funds from an employer reserve of the former authority in an account established under section 81 of the Superannuation Administration Act 1996 and credit that amount to an employer reserve of the Crown established under that section.