New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 140)
In this Part:
"the 1935 Act" means the Gas and Electricity Act 1935 as in force immediately
before the commencement of the Gas and Electricity (Gas Repeal) Amendment Act
1986 .
Section 5 (continued application of Principal Act to AGL) of the Gas and Electricity (Amendment) Act 1985 is repealed.
An exemption in force under section 2 (3) of the 1935 Act immediately before the commencement of section 5 (3) of this Act shall, on that commencement, be deemed to be an exemption granted under section 5 (3).
An order made under section 6B (2) of the 1935 Act and in force immediately before the commencement of section 25 shall, on that commencement, be deemed to have been made under section 25.
(1) This clause applies to a person who, immediately before the commencement of section 9, was the subject of an approval of the Minister under section 20A (1) of the 1935 Act.
(2) On the commencement of section 9, a person to whom this clause applies shall be deemed to have been granted a licence under Part 2 to carry on intrastate gas reticulation.
(3) The licence shall be deemed to have been granted subject to the conditions (if any) to which the approval under section 20A of the 1935 Act was subject immediately before the commencement of section 9.
On the commencement of section 10, an approval in force under section 20A (1A) of the 1935 Act immediately before that commencement shall be deemed to have been given under section 10.
(1) This clause applies to a person who holds shares in The Australian Gas Light Company if the shareholding:(a) existed as at 1 January 1986, and(b) is approved by the Minister under section 41.
(2) Shares in The Australian Gas Light Company held or purportedly held by a person to whom this clause applies shall for all purposes be deemed to have been validly held by the person before the approval takes effect.
(3) For the purpose of the validation of the exercise of voting rights attached to shares, this clause operates only to deem shares to have been validly held to the extent that the shares represent not more than 5 per cent of the issued share capital of the company.
(4) This clause applies only to shares held by the person as at the date specified by the Minister for the purpose in the approval of the shareholding.
(1) This clause applies to a shareholding in The Australian Gas Light Company which existed as at 1 January 1986.
(2) The consent of The Australian Gas Light Company is not required for the following:(a) the Minister’s approval under section 41 of a shareholding to which this clause applies,(b) the imposition of conditions under section 42 on the approval at the time it is given,(c) the giving of directions under section 44 in relation to the approval at the time it is given.
(3) The Minister shall not effect any variation of, addition to or revocation of conditions imposed under section 42 or directions given under section 44, in relation to a shareholding to which this clause applies, unless:(a) the Australian Gas Light Company consents to it, or(b) the proprietors of that company do not disapprove of it.
(4) The proprietors of the company shall be deemed not to disapprove of the variation, addition or revocation if:(a) the Minister gives the company notice in writing of the proposed variation, addition or revocation, and(b) during the period of 3 months after notice is given, no resolution disapproving it is passed at a general meeting of the company.
(1) This clause applies to a shareholding in The Australian Gas Light Company which existed as at 1 January 1986.
(2) A direction shall not be given by the Minister under section 44 relating to the voting rights attached to shares in a shareholding to which this clause applies except to provide that:(a) voting rights attached to the shares may be exercised only in respect of that part of the shareholding which represents not more than 5 per cent of the issued share capital of the company, and(b) the Minister is entitled to exercise voting rights in respect of any remaining part of the shareholding, up to the number of shares which represents not more than 5 per cent of the issued share capital of the company.
(3) The Minister is entitled to exercise those voting rights only during the period ending on 1 January 1989 unless the Minister extends that period.
(4) The Minister may extend or further extend that period, on each occasion for as long as the Minister thinks appropriate, only if the Minister is satisfied that significant problems exist in the relationship between the shareholder and the company.
(1) On the commencement of section 92, a standard price in force under the 1935 Act immediately before that commencement in respect of gas supplied by a gas company to a consumer shall be deemed to have been fixed under this Act as the relevant maximum price for gas so supplied.
(2) On the commencement of section 101, a formula in force under the 1935 Act for determining a standard price for gas shall be deemed to have been notified under that section as the formula for calculating the corresponding relevant maximum price.
(1) Until regulations are made under section 67 providing for the depreciation allowable to a gas company in respect of particular property of the company, sections 8 and 10A (including any notice under section 10A) of the 1935 Act continue to apply for the purpose of determining the depreciation allowable on that property.
(2) While sections 8 and 10A of the 1935 Act continue to apply in a case, section 67 does not apply in that case.
A Board constituted under the 1935 Act before the commencement of Part 6 shall complete the inquiry for which it was constituted, and exercise its other functions, in accordance with the 1935 Act.
(1) An agreement:(a) entered into or purportedly entered into by the Minister before the commencement of section 37, and(b) which would, if entered into after that commencement, have been validly entered into,is validated.
(2) An agreement entered into under section 6H of the 1935 Act and in force immediately before the commencement of section 37 shall, on that commencement, be deemed to have been entered into under section 37.
An inspector appointed under section 25 of the 1935 Act whose appointment is in force immediately before the commencement of section 121 is, on that commencement, deemed to have been appointed as a government inspector under this Act.
A regulation in force under the 1935 Act immediately before the commencement of this clause is, on that commencement, deemed to have been made under this Act.
Section 81 (5) applies in respect of an inquiry or audit of the kind referred to in section 81 even though the inquiry or audit was carried out wholly or partly before the commencement of that section.
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:(a) Gas Act 1986 ,(b) Gas (Amendment) Act 1990 ,(c) Gas Supply Act 1996 .(d) AGL Corporate Conversion Act 2002 , but only to the extent that it amends this Act.
(2) A provision referred to in subclause (1) may take effect as from the date of assent to the Act consequent on the enactment of which it is made or a later date.
(3) To the extent to which a provision referred to in subclause (1) 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 in the Gazette, 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 the Gazette.
(4) A provision referred to in subclause (1) shall, if the regulations expressly so provide, have effect notwithstanding the other clauses of this Schedule.
In this Part:
(a) a reference to a “former” provision of this Act is a reference to the provision as in force immediately before its substitution, repeal or amendment (as appropriate) by the Gas (Amendment) Act 1990 , and
(b) a reference to the “substitution”, “repeal” or “amendment” of the provision is a reference to its substitution, repeal or amendment, respectively, by the Gas (Amendment) Act 1990 .
(1) A person who held a licence in force under former Part 2 immediately before the substitution of that Part is entitled to be granted an authorisation, on such terms and subject to such conditions as the Minister thinks fit, with effect from the substitution of that Part.
(2) Section 11 (Procedure for granting authorisation) does not apply, but the other provisions of Part 2 do apply, to the granting of such an authorisation.
Any fee payable under former section 16 immediately before its substitution remains payable despite the substitution of that section.
(1) The balance (including any investments) standing to the credit of the State Energy Research and Development Fund under former section 133 immediately before its repeal is to be transferred to the fund of that name under section 35A of the Energy Administration Act 1987 .
(2) Any amounts that became due and payable to the Fund before the repeal of former section 133 but which are unpaid on that repeal become due and payable to the Corporation under section 35B of the Energy Administration Act 1987 and can be recovered accordingly.
(1) Former sections 80 and 81 are to be regarded as continuing in force, despite their repeal, for the purposes of:(a) the completion of any audit, inspection or inquiry commenced under either of those sections before their repeal, and(b) matters incidental to any such audit, inspection or inquiry, including the recovery of costs of and incidental to them.
(2) Section 82 continues to apply to a person who exercised functions under former section 81.
Substituted section 70 (2) (b) does not require an amount to be credited to the Gas Customers Reserve Account of a gas distributor if the amount had already been credited to its Tariff Stabilisation Account under former section 73 (4).
Of the amount standing to the credit of a gas distributor’s Equalisation Account immediately before the repeal of former section 74:
(a) half is to be credited to the gas distributor’s Gas Customers Reserve Account, and
(b) the other half can be dealt with as the gas distributor sees fit.
The Minister is not to take action under section 4 (3) in relation to a person who was an exempt supplier or distributor of gas immediately before the commencement of that subsection unless after that commencement a substantial change occurs in the activities carried on by the person in the course of engaging in the reticulation of gas.