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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sustainable Energy Development
Repeal Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of Sustainable Energy Development Act 1995 No 96 2
4 Amendment of Energy Administration Act 1987 No 103 2
5 Consequential amendment of other Acts 2
Schedule 1 Amendment of Energy Administration Act 1987 3
Schedule 2 Amendment of other Acts 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Sustainable Energy Development
Repeal Bill 2004
Act No , 2004
An Act to repeal the Sustainable Energy Development Act 1995; to amend the
Energy Administration Act 1987 to provide for the abolition of the Sustainable
Energy Development Authority and the transfer of its staff and its assets, rights
and liabilities; and for related purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Sustainable Energy Development Repeal Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Sustainable Energy Development Repeal Act 2004.
2 Commencement
This Act commences, or is taken to have commenced, on
1 July 2004.
3 Repeal of Sustainable Energy Development Act 1995 No 96
The Sustainable Energy Development Act 1995 is repealed.
4 Amendment of Energy Administration Act 1987 No 103
The Energy Administration Act 1987 is amended as set out in
Schedule 1.
5 Consequential amendment of other Acts
Each Act specified in Schedule 2 is amended as set out in that
Schedule.
Page 2
Sustainable Energy Development Repeal Bill 2004
Amendment of Energy Administration Act 1987 Schedule 1
Schedule 1 Amendment of Energy Administration
Act 1987
(Section 4)
[1] Section 3 Definitions
Omit the definitions of Department and Director from section 3 (1).
Insert instead:
Department means the Department of Energy, Utilities and
Sustainability.
Director-General means the Director-General of the
Department.
[2] Sections 8 (1)(3), 10, 25 (1) (b), 42, 43 and 45 (2) and (3)
Omit "Director" and "Director's" wherever occurring.
Insert instead "Director-General" and "Director-General's" respectively.
[3] Section 54
Insert after section 53:
54 Savings, transitional and other provisions
Schedule 2 has effect.
[4] Schedule 2
Insert after Schedule 1:
Schedule 2 Savings, transitional and other
provisions
(Section 54)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
following Acts:
Sustainable Energy Development Repeal Act 2004
Page 3
Sustainable Energy Development Repeal Bill 2004
Schedule 1 Amendment of Energy Administration Act 1987
(2) Any such provision may, if the regulations so provide, take
effect from the date of assent to the Act concerned or a later
date.
(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.
Part 2 Provisions consequent on enactment of
Sustainable Energy Development Repeal
Act 2004
2 Definitions
In this Part:
repealing Act means the Sustainable Energy Development
Repeal Act 2004.
SEDA means the Sustainable Energy Development Authority
constituted by the Sustainable Energy Development Act 1995,
as in force before its repeal by the repealing Act.
3 Abolition of SEDA
(1) On the commencement of the repealing Act:
(a) SEDA is abolished, and
(b) any assets, rights and liabilities of SEDA become the
assets, rights and liabilities of the Crown.
(2) In this clause:
assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description (including money), and
includes securities, choses in action and documents.
liabilities means all liabilities, debts and obligations (whether
present or future and whether vested or contingent).
Page 4
Sustainable Energy Development Repeal Bill 2004
Amendment of Energy Administration Act 1987 Schedule 1
rights means all rights, powers, privileges and immunities
(whether present or future and whether vested or contingent).
4 Executive Director of SEDA
(1) On the commencement of the repealing Act, the person who,
immediately before that commencement, held office as the
Executive Director of SEDA ceases to hold that office.
(2) A person who, under this clause, ceases to hold office is not
entitled to any remuneration or compensation because of the
loss of that office.
5 Staff of SEDA
(1) On the commencement of the repealing Act, the staff of
SEDA are transferred to the Department.
(2) The transfer of such staff is taken to have been done under
section 87 of the Public Sector Employment and Management
Act 2002.
6 Annual report of SEDA for year ending 30 June 2004
The annual report of SEDA for the year ending 30 June 2004
may be included in the annual report of the Department for
that year.
7 References to SEDA
A reference in any other Act or in an instrument made under
an Act or in any document to SEDA or to the Executive
Director of SEDA is to be read as a reference to the Director-
General.
Page 5
Sustainable Energy Development Repeal Bill 2004
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts
(Section 5)
2.1 Electricity (Consumer Safety) Act 2004 No 4
[1] Schedule 3 Amendment of Energy Administration Act 1987 No 103
Omit Schedule 3 [7].
[2] Schedule 3 [10] and [11]
Omit Schedule 3 [10]. Insert instead:
[10] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Electricity (Consumer Safety) Act 2004, but only in
relation to the amendments made to this Act
[11] Schedule 2, Part 3
Insert after Part 2:
Part 3 Provisions consequent on
enactment of Electricity (Consumer
Safety) Act 2004
8 Definitions
In this Part:
repeal date means the date on which the repealed Act is
repealed by the Electricity (Consumer Safety) Act 2004.
repealed Act means the Electricity Safety Act 1945 as in
force immediately before its repeal by the Electricity
(Consumer Safety) Act 2004.
9 Continuation of certain Regulations made under
repealed Act
(1) The Electricity Safety (Equipment Efficiency)
Regulation 1999, as in force immediately before the
repeal date, continues in force and is taken to be a
regulation made under this Act.
Page 6
Sustainable Energy Development Repeal Bill 2004
Amendment of other Acts Schedule 2
(2) The Regulation continued in force by subclause (1) may
be amended and repealed in the same way as any other
regulation made under this Act.
2.2 First State Superannuation Act 1992 No 100
Schedule 1 Employers
Omit "Sustainable Energy Development Authority".
2.3 Public Authorities (Financial Arrangements) Act 1987 No 33
Section 28 Part not to apply in certain cases
Omit section 28 (1) (c).
2.4 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Sustainable Energy Development Authority".
2.5 Public Sector Employment and Management Act 2002 No 43
[1] Section 133 Declared authorities to which Part applies
Omit "Sustainable Energy Development Authority" from the Table to the
section.
[2] Schedule 2 Executive positions (other than non-statutory SES
positions)
Omit "Executive Director of the Sustainable Energy Development
Authority" from Part 3 of the Schedule.
2.6 State Authorities Non-contributory Superannuation Act
1987 No 212
Schedule 1 Employers
Omit "Sustainable Energy Development Authority" from Part 1.
2.7 State Authorities Superannuation Act 1987 No 211
Schedule 1 Employers
Omit "Sustainable Energy Development Authority" from Part 1.
Page 7
Sustainable Energy Development Repeal Bill 2004
Schedule 2 Amendment of other Acts
2.8 Superannuation Act 1916 No 28
Schedule 3 List of employers
Omit "Sustainable Energy Development Authority" from Part 1.
Page 8
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