Western Australian Current Acts Western Australian Current Acts The Governor may make
regulations prescribing all matters that are required or permitted by this Act
to be prescribed or are necessary or convenient to be prescribed for giving
effect to the purposes of this Act.
[Section 96 inserted: No. 18 of 2005 s. 139.]
[Part 7 deleted: No. 18 of 2005 s. 139.]
[Schedules 1, 2, 3 and 4 deleted: No. 18 of 2005 s. 139.]
[Schedules 5 and 6 deleted in Gazette 26 Jun 2007 p. 3019.]
[Schedule 7 deleted: No. 18 of 2005 s. 139.]
This is a compilation of the Electricity Transmission and Distribution
Systems (Access) Act 1994 and includes amendments made by other written laws 2
. 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 |
|---|---|---|---|
|
Electricity Corporation Act 1994 3 |
86 of 1994 |
15 Dec 1994 |
Act other than s. 90, 91 and 93: 1 Jan 1995 (see s. 2(1) and Gazette 23 Dec
1994 p. 7069); |
|
State Enterprises (Commonwealth Tax Equivalents) Act 1996 s. 10(3) |
55 of 1996 |
11 Nov 1996 |
1 Jul 1996 (see s. 2 and 3(3)) |
|
Statutes (Repeals and Minor Amendments) Act 1997 s. 52 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 32 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998 (see s. 2(1)) |
|
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 76 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and Gazette 30 Jun 1999 p. 2905) |
|
Gas Corporation (Business Disposal) Act 1999 s. 45 and 87 |
58 of 1999 |
24 Dec 1999 |
s. 45: 24 Dec 1999 (see s. 2(1)); |
|
Reprint of the Electricity Corporation Act 1994 as at 4 Jan 2000 (includes
amendments listed above except those in the
Gas Corporation (Business Disposal) Act 1999 s. 87) | |||
|
Statutes (Repeals and Minor Amendments) Act 2000 s. 14 |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
State Superannuation (Transitional and Consequential Provisions) Act 2000 s.
42 |
43 of 2000 |
2 Nov 2000 |
17 Feb 2001 (see s. 2(1) and Gazette 16 Feb 2001 p. 903) |
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13
Jul 2001 No. S285) | |
|
Labour Relations Reform Act 2002 s. 27 |
20 of 2002 |
8 Jul 2002 |
15 Sep 2002 (see s. 2(1) and Gazette 6 Sep 2002 p. 4487) |
|
Electricity Corporation (Act Amendment) Regulations 2002 published in Gazette
1 Nov 2002 p. 5375-87 |
1 Nov 2002 | ||
|
Reprint 2: The Electricity Corporation Act 1994 as at 3 Jan 2003 (includes
amendments listed above) | |||
|
Corporations (Consequential Amendments) Act (No. 3) 2003 Pt. 4 4 |
21 of 2003 |
23 Apr 2003 |
11 Mar 2002 (see s. 2 and Cwlth Gazette 24 Oct 2001 No. GN42) |
|
Acts Amendment (Equality of Status) Act 2003 Pt. 18 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Sentencing Legislation Amendment and Repeal Act 2003 s. 57 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) |
|
Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 21
published in Gazette 15 Aug 2003 p. 3685-92 |
15 Sep 2003 (see r. 2) | ||
|
Energy Legislation Amendment Act 2003 s. 102-108, 109(1)-(3) and 110(1)-(3) 7 |
53 of 2003 |
8 Oct 2003 |
8 Oct 2003 (see s. 2(1) and (2)) |
|
Statutes (Repeals and Minor Amendments) Act 2003 s. 49 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Electricity Legislation Amendment Act 2004 Pt. 2 Div. 2 |
33 of 2004 |
20 Oct 2004 |
24 Nov 2004 (see s. 2 and Gazette 23 Nov 2004 p. 5243) |
|
Electricity Corporations Act 2005 Sch. 5 cl. 7-22 5, 6 |
18 of 2005 (as amended by No. 8 of 2009 s. 50(3)(b)) |
13 Oct 2005 |
Sch. 5 (other than cl. 21(2)(a)(ii)): 1 Apr 2006 (see s. 2(2) and Gazette 31
Mar 2006 p. 1153) Sch. 5 cl. 21(2)(a)(ii) deleted by No. 8 of 2009 s. 50(3)(b) |
|
Reprint 3: The Electricity Transmission and Distribution Systems (Access) Act
1994 as at 4 Aug 2006 (includes amendments listed above) | |||
|
Electricity Transmission and Distribution Systems (Repeal and Related
Provisions) Regulations 2007 published in Gazette 26 Jun 2007 p. 3018-21 8 |
r. 1 and 2: 26 Jun 2007 (see r. 2(a)); | ||
|
Electricity Industry Amendment (Distributed Energy Resources) Act 2024 Pt. 2
Div. 4 |
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. 3 |
1 of 2024 |
7 Mar 2024 |
To be proclaimed (see s. 2(b)) |
1 Footnote no longer required.
2 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 — Transitional provisions for succession from Commission to New
Corporations
Division 1 — 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 —
assets means —
(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 — 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.
”.
3 Now known as the
Electricity Transmission and Distribution Systems (Access) Act 1994 ; short
title changed (see note under s. 1).
4 The Corporations (Consequential Amendments) Act
(No. 3) 2003 s. 2-4 read as follows:
“
2. Commencement
(1) If this Act
receives the Royal Assent before the day on which Schedule 1 to the Financial
Services Reform Act comes into operation, this Act comes into operation at the
same time as that Schedule comes into operation.
(2) If this Act
receives the Royal Assent on or after the day on which Schedule 1 to the
Financial Services Reform Act comes into operation, this Act is deemed to have
come into operation at the same time as that Schedule comes into operation.
3. Interpretation
In this Part —
Financial Services Reform Act means the Financial
Services Reform Act 2001 of the Commonwealth;
FSR commencement time means the time when Schedule
1 to the Financial Services Reform Act comes into operation;
statutory rule means a regulation, rule or by-law.
4. Validation
(1) This section
applies if this Act comes into operation under section 2(2).
(2) Anything done or
omitted to have been done after the FSR commencement time and before this Act
receives the Royal Assent that could have been done if this Act had received
the Royal Assent before the FSR commencement time is taken to be as valid and
lawful, and to always have been as valid and lawful, as it would have been if
this Act had received the Royal Assent before the FSR commencement time.
(3) Anything done or
omitted to have been done by a person after the FSR commencement time and
before this Act received the Royal Assent that would have been valid and
lawful if the Financial Services Reform Act had not commenced, is taken to be
valid and lawful.
(4) Anything done or
omitted to have been done after the FSR commencement time and before this Act
receives the Royal Assent —
(a) that
could only have been validly and lawfully done or omitted because this Act
received the Royal Assent after the FSR commencement time; and
(b) that
could not have been validly and lawfully done or omitted if this Act had
received the Royal Assent before the FSR commencement time,
is taken not to be
valid, and to never have been valid.
”.
5 The Electricity Corporations Act 2005 Sch. 5 cl.
22(2)-(4) reads as follows:
“
(2) Any
procurement of new generation that is in progress under Schedule 7 immediately
before its repeal by subclause (1) is to be continued by the Electricity
Retail Corporation after the commencement of that subclause as if Schedule 7
clauses 1, 3 and 4 had not been repealed.
(3) Any act, matter or
thing done or omitted to be done before the commencement of subclause (1) by,
to or in respect of Western Power Corporation in relation to the procurement
of new generation mentioned in that subclause, is to be taken to have been
done or omitted by, to or in respect of the Electricity Retail Corporation.
(4) In subclause (3)
—
Western Power Corporation has the meaning given to
that term in section 142(1).
”.
6 The Electricity Corporations Act 2005 Sch. 5 cl.
21(2)(a)(ii) was deleted by the Statutes (Repeals and Miscellaneous
Amendments) Act 2009 s. 50(3)(b).
7 The Energy Legislation Amendment Act 2003 s.
109(4)-(5), 110(4) and 111 had not come into operation when it was deleted by
the Statutes (Repeals and Minor Amendments) Act 2009 s. 6.
8 The Electricity Transmission and Distribution
Systems (Repeal and Related Provisions) Regulations 2007 Pt. 4 reads as
follows:
“
Part 4 — Transitional provisions
10. Continued operation of
Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule
5 clause 2(4)
(1) Despite the
Electricity Transmission and Distribution Systems (Access) Declaration 2007
clause 2 and the repeal effected by regulation 6, the
Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule
5 clause 2(4) continues to have effect, subject to subregulation (2), in
relation to the operation and enforcement of any access agreement (as defined
in the Electricity Transmission Regulations 1996 regulation 3(1)) that is in
operation on 1 July 2007.
(2) The
Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule
5 clause 2(4) continues to have effect under subregulation (1) as if it were
amended by deleting “effect.” and inserting instead —
“
effect, unless the
contract expressly provides that the provision applies despite any
inconsistency with the essential terms and conditions.
”.
11. Continued operation of
Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule
6 clause 2(4)
(1) Despite the
Electricity Transmission and Distribution Systems (Access) Declaration 2007
clause 2 and the repeal effected by regulation 6, the
Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule
6 clause 2(4) continues to have effect, subject to subregulation (2), in
relation to the operation and enforcement of any distribution access agreement
(as defined in the Electricity Distribution Regulations 1997 regulation 3(1))
that is in operation on 1 July 2007.
(2) The
Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule
6 clause 2(4) continues to have effect under subregulation (1) as if it were
amended by deleting “effect.” and inserting instead —
“
effect, unless the
contract expressly provides that the provision applies despite any
inconsistency with the essential terms and conditions.
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)
corporation
2
declaration 95A(5)
electricity distribution capacity 89(1)
electricity distribution system 89(1)
electricity
transmission capacity 89(1)
electricity
transmission system 89(1)
existing access
agreement 95(2)
isolated system
2
North West interconnected system 2
regulations 89(1)
relevant provision
95A(5)
specified 95A(5)
user
89(2)
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.
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.
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