Western Australian Current Acts Western Australian Current Acts (1) Regulations or
by-laws made under this Act may be so made —
(a) as
to apply —
(i)
generally, or in a specified class of case or in a
specified case; and
(ii)
at all times, or at specified times or at a specified
time; and
(iii)
throughout the State, or in specified parts of the State
or in a specified place;
or
(b) as
to adopt, by reference to the text as from time to time amended and for the
time being in force, unless a particular text is specified at the time of such
adoption, —
(i)
such rules, regulations, codes, instructions or other
subordinate legislation made, determined or issued under any other Act, or
under any Act of the Parliament of the Commonwealth or of the Parliament of
the United Kingdom; or
(ii)
such standards, rules, codes or specifications issued by
Standards Australia, the British Standards Institution, The Australian Gas
Association, The Australian Liquefied Petroleum Gas Association, or other
specified body,
either wholly or in
part or with modifications, as are specified; or
(c) as
to provide that where by reason of unavailability of materials or other reason
that an energy operator considers valid any requirement imposed by the energy
operator cannot be conformed to, the energy operator may dispense with that
requirement and in lieu authorise in writing in any particular case the use of
materials or any other matters which it considers to be appropriate; or
(d) as
to provide that, in a specified case or a specified class of case, whether on
specified conditions or unconditionally, a person or thing or a class of
persons or things, may be exempted from the provisions of those regulations or
by-laws either wholly or to such extent as is specified; or
(e) as
to require a matter affected by them to be in accordance with a specified
standard, specification or requirement or to be as approved by, or to the
satisfaction of, a specified person or body or a specified class of person or
body, or so as to confer on a specified person or body or specified class of
person or body a discretionary authority.
(2) In this section,
specified means specified in the regulation or by-law in relation to which the
term is used.
[Section 125 amended: No. 89 of 1994 s. 39 and 41;
No. 58 of 1999 s. 83(1) and (3); No. 74 of 2003 s. 51(3).]
[Schedule deleted: No. 60 of 1994 s. 13.]
This is a compilation of the Energy Operators (Powers) Act 1979 and includes
amendments made by other written laws 3 . For provisions that have come into
operation, and for information about any reprints, see the compilation table.
For provisions that have not yet come into operation see the uncommenced
provisions table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Energy Commission Act 1979 4 |
111 of 1979 |
21 Dec 1979 |
1 Feb 1980 (see s. 2 and Gazette 1 Feb 1980 p. 284) |
|
Acts Amendment (Statutory Designations) and Validation Act 1981 s. 4 |
63 of 1981 |
13 Oct 1981 |
13 Oct 1981 |
|
State Energy Commission Amendment Act 1981 |
101 of 1981 |
4 Dec 1981 |
s. 4: 4 Dec 1981 (see s. 2(1)); |
|
State Energy Commission Amendment Act 1984 |
36 of 1984 |
20 Jun 1984 |
20 Jun 1984 |
|
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255) |
|
State Energy Commission Amendment Act 1986 |
24 of 1986 |
28 Jul 1986 |
s. 1-3, 6-8, 12-14, 16- 39 and 41: 28 Jul 1986 (see s. 2(1)); |
|
Reprint of the State Energy Commission Act 1979 as at 21 May 1987 (includes
amendments listed above) | |||
|
State Energy Commission Amendment Act 1987 |
30 of 1987 |
29 Jun 1987 |
29 Jun 1987 (see s. 3) |
|
Acts Amendment (Public Service) Act 1987 s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813) |
|
Acts Amendment (Land Administration) Act 1987 Pt. XV |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette 16 Sep 1988 p. 3637) |
|
Acts Amendment (Accountability) Act 1989 Pt. 5 |
5 of 1989 |
26 Apr 1989 |
1 Jul 1989 (see s. 2 and Gazette 30 Jun 1989 p. 1893) |
|
State Energy Commission Amendment Act 1991 |
6 of 1991 |
5 Jun 1991 |
s. 1 and 2: 5 Jun 1991; |
|
Financial Administration Legislation Amendment Act 1993 s. 11 and 15 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) |
|
Local Government (Superannuation) Legislation Amendment Act 1994 s. 13 |
60 of 1994 |
7 Nov 1994 |
24 Dec 1994 (see s. 2 and Gazette 23 Dec 1994 p. 7070) |
|
Energy Corporations (Transitional and Consequential Provisions) Act 1994 Pt. 2
5, 6 |
89 of 1994 (as amended by No. 18 of 2005 s. 139) |
15 Dec 1994 |
1 Jan 1995 (see s. 2(2) and Gazette 23 Dec 1994 p. 7069) |
|
Planning Legislation Amendment Act (No. 2) 1994 s. 46(4) |
84 of 1994 |
13 Jan 1995 |
1 Mar 1995 (see s. 2 and Gazette 21 Feb 1995 p. 567) |
|
Reprint of the Energy Corporations (Powers) Act 1979 as at 25 May 1995
(includes amendments listed above) | |||
|
Water Agencies Restructure (Transitional and Consequential Provisions) Act
1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291) |
|
Sentencing (Consequential Provisions) Act 1995 Pt. 28 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632) |
|
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Acts Amendment (Land Administration) Act 1997 Pt. 24 and s. 142 and 143 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765) |
|
Gas Pipelines Access (Western Australia) Act 1998 Sch. 3 Div. 4 |
65 of 1998 |
15 Jan 1999 |
9 Feb 1999 (see s. 2 and Gazette 8 Feb 1999 p. 441) |
|
Energy Coordination Amendment Act 1999 s. 10(1) |
20 of 1999 |
24 Jun 1999 |
16 Oct 1999 (see s. 2 and Gazette 15 Oct 1999 p. 4865) |
|
Gas Corporation (Business Disposal) Act 1999 s. 54-56, 77- 83 and 90-92 7 |
58 of 1999 (as amended by No. 74 of 2003 s. 51(4)) |
24 Dec 1999 |
s. 54-56: 24 Dec 1999 (see s. 2(1)); |
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 14(13) |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Reprint of the Energy Operators (Powers) Act 1979 as at 15 Sep 2000 | |||
|
Sentencing Legislation Amendment and Repeal Act 2003 s. 58 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) |
|
Energy Legislation Amendment Act 2003 Pt. 7 Div. 2 8 |
53 of 2003 |
8 Oct 2003 |
8 Oct 2003 (see s. 2(1) and (2)) |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 51(2) and (3) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Electricity Legislation Amendment Act 2004 Pt. 2 Div. 4 (s. 37-46) |
33 of 2004 |
20 Oct 2004 |
s. 37- 43 and 45- 46: 1 Dec 2004 (see s. 2 and Gazette 23 Nov 2004 p. 5243);
|
|
Courts Legislation Amendment and Repeal Act 2004 s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
Criminal Law Amendment (Simple Offences) Act 2004 s. 82 |
70 of 2004 |
8 Dec 2004 |
31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 4: The Energy Operators (Powers) Act 1979 as at 23 Sep 2005 (includes
amendments listed above except those in the Electricity Legislation Amendment
Act 2004 s. 44) | |||
|
18 of 2005 |
13 Oct 2005 |
1 Apr 2006 (see s. 2(2) and Gazette 31 Mar 2006 p. 1153) | |
|
Planning and Development (Consequential and Transitional Provisions) Act 2005
s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078) |
|
Energy Operators (Powers) Amendment Act 2006 s. 1-4 |
8 of 2006 |
5 May 2006 |
5 May 2006 (see s. 2) |
|
Criminal Investigation (Consequential Provisions) Act 2006 s. 73 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838) |
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette 31 Jan 2008 p. 251) | |
|
Reprint 5: The Energy Operators (Powers) Act 1979 as at 4 Apr 2008 (includes
amendments listed above) | |||
|
Water Services Legislation Amendment and Repeal Act 2012 s. 210 |
25 of 2012 |
3 Sep 2012 |
18 Nov 2013 (see s. 2(b) and Gazette 14 Nov 2013 p. 5028) |
|
Electricity Corporations Amendment Act 2013 s. 41 |
25 of 2013 |
18 Dec 2013 |
1 Jan 2014 (see s. 2(c) and Gazette 27 Dec 2013 p. 6465) |
|
Reprint 6: The Energy Operators (Powers) Act 1979 as at 14 Jun 2019 (includes
amendments listed above) | |||
|
Electricity Industry Amendment Act 2020 s. 31 |
9 of 2020 |
6 Apr 2020 |
7 Apr 2020 (see s. 2(b)) |
|
Directors’ Liability Reform Act 2023 Pt. 3 Div. 22 |
9 of 2023 |
4 Apr 2023 |
5 Apr 2023 (see s. 2(j)) |
|
Electricity Industry Amendment (Distributed Energy Resources) Act 2024 Pt. 2
Div. 5 |
1 of 2024 |
7 Mar 2024 |
6 Feb 2025 (see s. 2(b)) and SL 2025/31 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Electricity Industry Amendment (Distributed Energy Resources) Act 2024 Pt. 3
Div. 4 |
1 of 2024 |
7 Mar 2024 |
To be proclaimed (see s. 2(b)) |
1 Under the Public Sector Management Act 1994 s.
112(1) a reference to the Public Service Act 1978 is, unless the contrary is
intended, to be read and construed as if it had been amended to be a reference
to the Public Sector Management Act 1994 .
2 The State Electricity Commission Act 1945 was
repealed by this Act.
3 The Energy Operators (Powers) Act 1979 is
affected by the Dampier to Bunbury Pipeline Act 1997 Sch. 4 Div. 3 it. 9,
which reads as follows:
9. Exclusion of certain statutory rights
(1) The rights,
powers, and privileges given to the corporation by the Energy Corporations
(Powers) Act 1979 do not apply in relation to land in the DBNGP corridor as
defined in section 27 of this Act.
(2) Subclause (1) does
not have the effect that anything referred to in section 43 of the Energy
Corporations (Powers) Act 1979 ceases to be the property of the corporation.
4 Short title was initially the State Energy
Commission Act 1979 and was subsequently changed to the Energy Corporations
(Powers) Act 1979 and then to the Energy Operators (Powers) Act 1979 (see
note under s. 1).
5 The Energy Corporations (Transitional and
Consequential Provisions) Act 1994 s. 34(2) is a transitional provision that
is of no further effect.
6 The Energy Corporations (Transitional and
Consequential Provisions) Act 1994 Pt. 3 (as amended by the Electricity
Corporations Act 2005 s. 139) reads as follows:
Part 3 ¾ Transitional provisions for succession from Commission to new
corporations
Division 1 ¾ Preliminary
42. Intention
The intention of the
provisions of this Part is that the Electricity Corporation and the Gas
Corporation will, in accordance with those provisions, stand in place of and
be the successors to the Commission, except so far as section 48 applies.
43. Definitions
In this Part, unless
the contrary intention appears ¾
assets means ¾
(a)
property of every kind whether tangible or intangible, real or personal,
corporeal or incorporeal; and
(b)
without limiting paragraph (a) includes choses in action, goodwill, rights,
interests and claims of every kind in or to property, whether arising from,
accruing under, created or evidenced by or the subject of, an instrument or
otherwise and whether liquidated or unliquidated, actual, contingent or
prospective;
commencement day means the day on which Part 2
comes into operation;
Commission means the Commission under the
principal Act as in force before the commencement day;
corporation means the Electricity Corporation or
the Gas Corporation but in section 47 corporations means both of those
corporations;
Electricity Corporation means the body corporate
established by section 4 of the Electricity Corporation Act 1994 ;
Gas Corporation means the body corporate
established by section 4 of the Gas Corporation Act 1994 ;
liability means any liability, duty or obligation
whether actual, contingent or prospective, liquidated or unliquidated, or
whether owed alone or jointly or jointly and severally with any other person;
principal Act means the State Energy Commission
Act 1979 ;
right means any right, power, privilege or
immunity whether actual, contingent or prospective;
transfer order means the order and any amendments
to it made by the Minister under section 44, and includes any order made under
subsection (5) of that section.
Division 2 ¾ Devolution of Commission’s assets and liabilities etc.
44. Minister to make order for allocation of
assets and liabilities
(1) As soon as is
practicable after this section comes into force the Minister is to make and
publish in the Gazette an order specifying —
(a) how
assets, rights and liabilities of the Commission are to be allocated to the
Electricity Corporation and the Gas Corporation; and
(b) any
proceedings in which the Electricity Corporation or the Gas Corporation is to
be, or both of those corporations are to be, substituted for the Commission as
a party or parties.
(2) An allocation
under subsection (1)(a) may be made to —
(a) the
Electricity Corporation;
(b) the
Gas Corporation; or
(c) both
of those corporations either jointly or as tenants in common in equal or
unequal shares.
(3) Without limiting
subsection (1), an order under that subsection may —
(a)
provide for the allocation of income in respect of any asset;
(b) in
respect of a particular liability, allocate a specified share of the liability
to each of the corporations;
(c)
provide for the transfer, debiting, crediting, closing or otherwise dealing
with any account, reserve, fund, provision, profit or liability for any levy;
and
(d)
contain such incidental or supplementary provisions as the Minister thinks
fit.
(4) The transfer order
may be amended by the Minister, by further order published in the Gazette ,
but no such amendment may be made after the commencement day.
(5) Where for any
reason it is not practicable to allocate any asset, right or liability to a
corporation, or to both of the corporations, under this section before the
commencement date —
(a) the
transfer order is to specify that the asset, right or liability is to be
allocated under this subsection; and
(b) the
Minister may make a further order under this section in respect of that asset,
right or liability not later than 90 days after the commencement day.
(6) An order under
subsection (5) is to have effect from the commencement day.
(7) The Commission is
to be taken to continue to hold an asset or right, and to be liable for a
liability, to which subsection (5) applies until an order is made under that
subsection.
45. Transfer of assets and liabilities to the
Electricity Corporation
(1) On and after the
commencement day —
(a) the
assets and rights of the Commission allocated to the Electricity Corporation
by the transfer order vest in that corporation by force of this section;
(b) the
liabilities of the Commission (including a share of a liability) allocated to
the Electricity Corporation by the transfer order become, by force of this
section, the liabilities of that corporation;
(c)
subject to section 49, any agreement or instrument relating to the assets,
rights and liabilities referred to in paragraphs (a) and (b) has effect, by
force of this section, as if the Electricity Corporation were substituted for
the Commission in the agreement or instrument;
(d) the
Electricity Corporation is a party to any proceedings by or against the
Commission commenced before the commencement day in accordance with any
provision of the transfer order to that effect made under section 44(1)(b);
(e) any
proceedings or remedy that might have been commenced by or available against
or to the Commission in relation to the assets, rights and liabilities
referred to in paragraphs (a) and (b), may be commenced and are available, by
or against or to the Electricity Corporation;
(f) any
act, matter or thing done or omitted to be done in relation to the assets,
rights and liabilities referred to in paragraphs (a) and (b) before the
commencement day by, to or in respect of the Commission (to the extent that
that act, matter or thing has any force or effect) is to be taken to have been
done or omitted by, to or in respect of the Electricity Corporation;
(g) the
Commission is to deliver to the Electricity Corporation all registers, papers,
documents, minutes, receipts, books of account and other records (however
compiled, recorded or stored) relating to —
(i)
the assets, rights and liabilities referred to in
paragraphs (a) and (b); and
(ii)
proceedings referred to in paragraph (d);
and
(h) all
provisions of the transfer order relevant to this section have effect.
(2) Subsection (1)(c)
and (e) has effect subject to any provision of the transfer order made under
section 44(3)(b).
46. Transfer of assets and liabilities to the Gas
Corporation
(1) On and after the
commencement day —
(a) the
assets and rights of the Commission allocated to the Gas Corporation by the
transfer order vest in that corporation by force of this section;
(b) the
liabilities of the Commission (including a share of a liability) allocated to
the Gas Corporation by the transfer order become, by force of this section,
the liabilities of that corporation;
(c)
subject to section 49, any agreement or instrument relating to the assets,
rights and liabilities referred to in paragraphs (a) and (b) has effect, by
force of this section, as if the Gas Corporation were substituted for the
Commission in the agreement or instrument;
(d) the
Gas Corporation is a party to any proceedings by or against the Commission
commenced before the commencement day in accordance with any provision of the
transfer order to that effect made under section 44(1)(b);
(e) any
proceedings or remedy that might have been commenced by or available against
or to the Commission in relation to the assets, rights and liabilities
referred to in paragraphs (a) and (b), may be commenced and are available, by
or against or to the Gas Corporation;
(f) any
act, matter or thing done or omitted to be done in relation to the assets,
rights and liabilities referred to in paragraphs (a) and (b) before the
commencement day by, to or in respect of the Commission (to the extent that
that act, matter or thing has any force or effect) is to be taken to have been
done or omitted by, to or in respect of the Gas Corporation;
(g) the
Commission is to deliver to the Gas Corporation all registers, papers,
documents, minutes, receipts, books of account and other records (however
compiled, recorded or stored) relating to —
(i)
the assets, rights and liabilities referred to in
paragraphs (a) and (b); and
(ii)
proceedings referred to in paragraph (d);
and
(h) all
of the provisions of the transfer order relevant to this section have effect.
(2) Subsection (1)(c)
and (e) has effect subject to any provision of the transfer made under section
44(3)(b).
47. Transfer of assets and liabilities to both
corporations
On and after the
commencement day —
(a) the
assets and rights of the Commission allocated to the corporations jointly by
the transfer order vest in those corporations jointly by force of this
section;
(b) the
assets and rights of the Commission allocated to the corporations as tenants
in common by the transfer order vest in those corporations as tenants in
common in the shares specified in the transfer order by force of this section;
(c) the
liabilities of the Commission allocated to the corporations jointly by the
transfer order become, by force of this section, the liabilities of those
corporations jointly;
(d)
subject to section 49, any agreement or instrument relating to the assets,
rights and liabilities referred to in paragraphs (a) and (b) has effect, by
force of this section, as if the corporations were substituted for the
Commission in the agreement or instrument;
(e) the
corporations jointly are parties to any proceedings by or against the
Commission commenced before the commencement day in accordance with any
provision of the transfer order to that effect made under section 44(1)(b);
(f) any
proceedings or remedy that might have been commenced by or available against
or to the Commission in relation to the assets, rights and liabilities
referred to in paragraphs (a), (b) and (c), may be commenced and are
available, by or against or to the corporations jointly or severally in
accordance with the transfer order;
(g) any
act, matter or thing done or omitted to be done in relation to the assets,
rights and liabilities referred to in paragraphs (a), (b) and (c) before the
commencement day by, to or in respect of the Commission (to the extent that
that act, matter or thing has any force or effect) is to be taken to have been
done or omitted by, to or in respect of the corporations jointly or severally
in accordance with the transfer order;
(h) the
Commission is to deliver to the Electricity Corporation all registers, papers,
documents, minutes, receipts, books of account and other records (however
compiled, recorded or stored) relating to —
(i)
the assets, rights and liabilities referred to in
paragraphs (a), (b) and (c); and
(ii)
proceedings referred to in paragraph (e);
and
(i)
all of the provisions of the transfer order relevant to
this section have effect.
48. Unallocated assets and liabilities
Subject to section
44(5), on and after the commencement day —
(a) any
assets and rights of the Commission that do not vest in a corporation or the
corporations under section 45, 46 or 47, are to be dealt with as the Minister
directs;
(b) any
liability of the Commission that does not become a liability of a corporation
or the corporations under section 45, 46 or 47 is, so far as it is properly
payable, to be discharged in such manner and from such source as the Minister,
with the approval of the Treasurer, directs;
(c)
subject to section 49, any agreement or instrument relating to the assets,
rights and liabilities referred to in paragraphs (a) and (b) has effect, by
force of this section, as if the State were substituted for the Commission in
the agreement or instrument;
(d) any
proceedings or remedy that might have been commenced by or available against
or to the Commission in relation to the assets, rights and liabilities
referred to in paragraphs (a) and (b), may be commenced and are available, by
or against or to the State;
(e) any
act, matter or thing done or omitted to be done in relation to the assets,
rights and liabilities referred to in paragraphs (a) and (b) before the
commencement day by, to or in respect of the Commission (to the extent that
that act, matter or thing has any force or effect) is to be taken to have been
done or omitted by, to or in respect of the State; and
(f) the
Commission is to deliver to the Minister all registers, papers, documents,
minutes, receipts, books of account and other records (however compiled,
recorded or stored) relating to the assets, rights and liabilities referred to
in paragraphs (a) and (b).
49. References to Commission in Government
agreements
(1) The transfer order
is to also specify for each provision in a Government agreement in which there
is a reference to the Commission whether that reference is to be read as a
reference to —
(a) the
Electricity Corporation;
(b) the
Gas Corporation;
(c) both
those corporations either jointly or as tenants in common in equal or unequal
shares;
(d) a
Minister of the Crown or the State; or
(e) the
Coordinator of Energy referred to in section 4 of the Energy Coordination Act
1994 .
(2) Subsection (1)
does not apply to a provision of a Government agreement that is spent or has
had its effect.
(3) On and after the
commencement day a provision of a Government agreement which under subsection
(1) is affected by the transfer order has effect by force of this section as
so affected.
(4) In this section
Government agreement has the same meaning as it has in the
Government Agreements Act 1979 .
50. Debentures and inscribed stock
(1) Without limiting
section 45, 46 or 47 any debentures or inscribed stock which devolve under any
of those sections, and the determination of rights and obligations in respect
of the same, continue to be governed by sections 108 and 111 of the principal
Act and regulations made under section 110 of that Act, despite the repeal of
those sections, as if —
(a)
those sections and regulations remained in force; and
(b)
references in those sections and regulations to the “Commission”
were references to —
(i)
a new corporation; or
(ii)
2 or more of the new corporations jointly or severally,
in accordance with a
transfer order.
(1a) In subsection
(1)(b) —
new corporation and transfer order have the
meanings given to those terms in section 142(1) of the Electricity
Corporations Act 2005 .
(2) The Governor may,
by further regulations, amend or repeal the regulations referred to in
subsection (1).
[Section 50 amended: No. 18 of 2005 s. 139.]
51. Guarantees in respect of Commission
(1) A guarantee under
section 30 or 108 of the principal Act as in force immediately before the
commencement day is not affected by —
(a) any
provision of this Act, including without limitation the transfer of any
liability of the Commission under section 45, 46 or 47 to a corporation or the
corporations jointly; or
(b) any
transfer, vesting or assumption of any liability of the Commission to, in or
by a corporation or the corporations jointly by any other means.
(2) Any guarantee
referred to in subsection (1) is to continue in force and is to be read and
construed, on and from —
(a) the
commencement day; or
(b) the
day on which the transfer, vesting or assumption by any other means referred
to in subsection (1) is effective,
as if it were a
guarantee of the liabilities of the corporation which have been transferred,
vested or assumed to, in or by it.
(3) Despite its repeal
by section 34, section 106(1) of the principal Act is to be taken to continue
to apply for the purposes of subsection (2).
(4) The Treasurer may
enter into any instrument confirming the continued liability of the State
under a guarantee referred to in subsection (1).
(5) Division 4 of Part
5 of the relevant Act is to be taken to apply to a liability of a corporation
referred to in subsection (1) if a guarantee of that liability cannot be
preserved under this section (whether because the guarantee is governed
otherwise than by the law of the State or for any other reason).
(6) In subsection (5)
relevant Act means —
(a) in
the case of the Electricity Corporation, the Electricity Corporation Act 1994
; and
(b) in
the case of the Gas Corporation, the Gas Corporation Act 1994 .
(7) By virtue of this
subsection, any sum paid by the Treasurer under a guarantee referred to in
subsection (1) constitutes a charge on the assets of the relevant corporation
or the corporations jointly, as the case may require.
52. Commission to complete necessary transactions
(1) Where any asset,
right or liability to which this Part applies cannot be properly vested in or
succeeded to by the Electricity Corporation or the Gas Corporation, or by both
of those corporations, by the operation of this Part (whether because the
matter is governed otherwise than by the law of the State, or for any other
reason) —
(a) the
Commission is to be taken to continue to hold or be liable for that asset,
right or liability until the same is effectively vested in or succeeded to by
the corporation concerned or both of the corporations in accordance with this
Part; and
(b) the
Commission is to take all practicable steps for the purpose of securing that
such asset, right or liability is effectively vested in or succeeded to by the
corporation concerned or both of the corporations in accordance with this
Part.
(2) The fact that
subsection (1)(a) applies to an asset, right or liability that is allocated to
a corporation or to both of the corporations under this Part does not affect
the duty of the corporation or the corporations to account for and report on
that asset, right or liability under the written law by which the corporation
is established.
53. Exemption from State taxation
(1) In this section
—
State tax includes stamp duty chargeable under the
Stamp Act 1921 and any other tax, duty, fee, levy or charge under a law of
the State.
(2) State tax is not
payable in relation to —
(a)
anything that occurs by the operation of this Part; or
(b)
anything done (including a transaction entered into or an instrument or
document of any kind made, executed, lodged or given) under this Part, or to
give effect to this Part, or for a purpose connected with or arising out of,
giving effect to this Part.
(3) The Treasurer or a
person authorised by the Treasurer may, on request by the Electricity
Corporation or the Gas Corporation, certify in writing that —
(a) a
specified thing occurred by the operation of this Part; or
(b) a
specified thing was done under this Part, or to give effect to this Part, or
for a purpose connected with or arising out of giving effect to this Part.
(4) For all purposes
and in all proceedings, a certificate under subsection (3) is conclusive
evidence of the matters it certifies, except so far as the contrary is shown.
54. Registration of documents
(1) The relevant
officials are to take notice of the provisions of this Part and are empowered
to record and register in the appropriate manner the documents necessary to
give effect to this Part.
(2) Without limiting
subsection (1), a statement in an instrument executed by the Electricity
Corporation or the Gas Corporation that any estate or interest in land or
other property has become vested in it or in the corporations jointly or in
specified shares under section 45, 46 or 47 is evidence of that fact.
(3) In subsection (1)
relevant officials means the Registrar of Titles, the Registrar of Deeds, the
Ministers respectively administering the Land Act 1933 and the Mining Act 1978
and any other person authorised by a written law to record and give effect to
the registration of documents relating to transactions affecting any estate or
interest in land or any other property.
55. Saving
The operation of
section 45, 46 or 47 is not to be regarded —
(a) as a
breach of contract or confidence or otherwise as a civil wrong;
(b) as a
breach of any contractual provision prohibiting, restricting or regulating the
assignment or transfer of assets, rights or liabilities or the disclosure of
information;
(c) as
giving rise to any remedy by a party to an instrument or as causing or
permitting the termination of any instrument, because of a change in the
beneficial or legal ownership of any asset, right or liability;
(d) as
causing any contract or instrument to be void or otherwise unenforceable; or
(e) as
releasing or allowing the release of any surety.
Division 3 — Staff
56. Transition of employment
Any agreement made at
any time between the Commission and a person for the employment of that person
on the staff of a corporation has effect after the commencement of section 15
of the Electricity Corporation Act 1994 or section 15 of the
Gas Corporation Act 1994 as if it had been made by the board of the
corporation under that section.
57. Employees’ rights preserved
Except as otherwise
agreed by an employee, the change from employment by the Commission to
employment by a corporation does not —
(a)
affect the employee’s remuneration;
(b)
prejudice the employee’s existing or accruing rights;
(c)
affect any rights under a superannuation scheme; or
(d)
interrupt continuity of service.
Division 4 — General transitional provisions
58. Annual report for part of a year
The accountable
authority, within the meaning in the Financial Administration and Audit Act
1985 , of the Commission is to report in respect of that body as required by
section 66 of that Act, but limited to the period from the preceding 1 July to
the commencement day, and Division 14 of Part II of that Act applies as if
that period were a full financial year.
59. Completion of things commenced
Anything commenced to
be done by the Commission under the principal Act before the commencement day
may be continued by a corporation so far as the doing of that thing is within
the functions of that corporation after the commencement day.
60. Continuing effect of things done
Any act, matter or
thing done or omitted to be done before the commencement day by, to or in
respect of the Commission, to the extent that that act, matter or thing
—
(a) has
any force; and
(b) is
not governed by section 45(f), 46(f) or 47(g),
is to be taken to have
been done or omitted by, to or in respect of a corporation so far as the act,
matter or thing is relevant to that corporation.
61. Immunity to continue
Despite Part 2 of this
Act, where the Commission had the benefit of any immunity in respect of an
act, matter or thing done or omitted before the commencement day, that
immunity continues in that respect for the benefit of the corporations.
62. Agreements and instruments generally
(1) This section
applies to any agreement or instrument subsisting immediately before the
commencement day that does not come within the provisions of section 45(1)(c),
46(1)(c), 47(d) or 49.
(2) Any agreement or
instrument to which this section applies —
(a) to
which the Commission was a party; or
(b)
which contains a reference to the Commission,
has effect after that
day as if —
(c) the
relevant corporation were substituted for the Commission as a party to the
agreement or instrument; and
(d) any
reference in the agreement or instrument to the Commission were (unless the
context otherwise requires) a reference to the relevant corporation.
(3) In this section
relevant corporation means —
(a) in
relation to the functions of the Commission that after the commencement day
are functions of the Electricity Corporation, that corporation;
(b) in
relation to the functions of the Commission that after the commencement day
are functions of the Gas Corporation, that corporation.
63. Commission to perform necessary transitional
functions
(1) Despite the repeal
of section 7 of the principal Act by section 8 of this Act, the Commission
continues in existence for the purpose of —
(a)
reporting as required by section 58; and
(b)
performing the functions described in sections 44(7), 45(1)(g), 46(1)(g),
47(h), 48(f) and 52.
(2) The accountable
authority, within the meaning in the Financial Administration and Audit Act
1985 , also continues in existence for the purpose described in subsection
(1)(a).
(3) Despite the
provisions of the principal Act —
(a) the
members of the Commission immediately before the commencement day cease to
hold office on that day;
(b) the
Commission is to be constituted by a person appointed by the Minister; and
(c) the
Commission is to perform the functions referred to in subsection (1) through
that person.
(4) The person
referred to in subsection (3)(b) holds office at the pleasure of the Minister
and on such terms and conditions as the Minister determines.
(5) The Commission as
constituted under this section has the powers that are necessary or convenient
for the purposes of subsection (1).
(6) Each of the
corporations is to provide the clerical or other assistance that the
Commission reasonably requires for performing the functions described in
subsection (1) in respect of that corporation.
64. Further transitional provision may be made
(1) If there is no
sufficient provision in this Part for any matter or thing necessary or
convenient to give effect to the intention described in section 42 the
Minister may make that provision by order published in the Gazette .
(2) Any such order may
be made so as to have effect from the commencement day.
(3) To the extent that
a provision of any such order has effect on a day that is earlier than the day
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, the
Electricity Corporation, the Gas Corporation or any authority of the State),
the rights of that person existing before the day of its publication; or
(b) to
impose liabilities on any person (other than the State, the Electricity
Corporation, the Gas Corporation or any authority of the State), in respect of
anything done or omitted to be done before the day of publication.
7 The Gas Corporation (Business Disposal) Act 1999
s. 92(c)(i) and (d) do not have effect because the provisions they would have
amended were previously amended by the Statutes (Repeals and Minor Amendments)
Act 2000 s. 14(13). Subsequently s. 92(c)(i) and (d) were deleted by the
Statutes (Repeals and Minor Amendments) Act 2003 s. 51(4).
8 The Energy Legislation Amendment Act 2003 s.
115(3)-(4) and 116 read as follows:
115. Section 65 amended and transitional provision
(3) Section 65 of the
principal Act as in force immediately before the commencement of this section
is to continue to have effect for the purpose of adjusting, under section 65,
charges in respect of which, according to the records of the energy operator
—
(a) a
metering or billing error was discovered by;
(b) a
complaint was made to; or
(c) a
question was raised with,
the energy operator
before that commencement.
(4) A statement in
writing signed on behalf of an energy operator showing the day on which,
according to the records of the energy operator —
(a) a
metering or billing error was discovered by;
(b) a
complaint was made to; or
(c) a
question was raised with,
the energy operator,
as mentioned in subsection (3), is to be presumed to be correct in the absence
of evidence to the contrary.
116. Validation of certain agreements
(1) This section
applies where before the commencement of this section —
(a) an
agreement was made between a person and Western Power Corporation for the
purposes of section 58(3) or 61(1) of the principal Act; and
(b) the
amount which the person agreed to pay to Western Power Corporation under the
agreement was determined in such a way as to include an amount for the cost of
appropriate network development.
(2) The provisions of
such an agreement, and all acts, matters and things relating to it, are and
always were as valid and effective as they would have been if the principal
Act had been amended in accordance with sections 113 and 114 of this Act at
the time when the agreement was entered into.
(3) In this section
—
appropriate network development means
“appropriate network development” as defined in section 58(3a) or
section 61(1a) of the principal Act, as the case may require;
Western Power Corporation has the meaning given to
that term in section 4(1) of the principal Act.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
accounting period
65(9)
acquisition 4(1)
apparatus 4(1)
appropriate network development
58(3a), 61(1a)
charges
4(1)
consumer installation 4(1)
Coordinator of
Energy 4(1)
corporation
124(6)
department 4(1)
distribution system
57(1)
distribution works
4(1)
electricity corporation 4(1)
energy
4(1)
energy operator
4(1)
generating works 4(1), 45(4A)
government
department 4(1)
inspector
4(1)
land 4(1), 36
liquid petroleum gas
4(1)
meter 4(1)
officer 4(1)
power of entry
46(1)
premises 4(1)
relevant Minister
45(16)
service apparatus
4(1)
specified 125(2)
street
4(1)
supply or sale 60(1)
supply
system 4(1)
system emergency
4(1), 57(1)
terms 60(1)
transfer event
43(1aa)
undertaking
4(1)
works 4(1)
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.
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