New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 20)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to, or commencement of, the Act concerned (whichever is earlier) 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.
(1) The Corporation is taken for all purposes (including the rules of private international law) to be a continuation of and the same legal entity as Pacific Power.
(2) Despite subclause (1), the Treasurer is taken to be the successor of Pacific Power for all purposes (including the rules of private international law) in respect of the rights and liabilities under guarantees entered into by Pacific Power and referred to in clause 6.
A person who, immediately before the dissolution of Pacific Power, held office as a director of Pacific Power:
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office.
(1) A member of staff of Pacific Power immediately before the dissolution of Pacific Power is (until other provision is duly made under any Act or law) to be employed as a member of staff of the Corporation in accordance with any relevant statutory provisions, awards, agreements and determinations that applied to the member of staff immediately before the dissolution.
(2) A person who becomes a member of staff of the Corporation under this clause:(a) retains any rights to sick leave, annual leave or long service leave accrued or accruing immediately before the dissolution of Pacific Power, and(b) is not entitled to receive any payment or other benefit (including in the nature of severance pay or redundancy compensation) merely because of the dissolution of Pacific Power.
(3) Section 64 (2) of the Electricity (Pacific Power) Act 1950 , as in force immediately before the commencement of this Act, continues to apply to or in respect of a person who becomes a member of staff of the Corporation under this clause and so applies:(a) as if a reference in that subsection to an employee of the Commission was a reference to any such person, and(b) as if a reference in that subsection to the Commission was a reference to the Corporation.
(4) Nothing in this Act affects any declaration that staff members were excess or surplus that applied to any members of staff of Pacific Power immediately before the dissolution of Pacific Power.
(5) Nothing in this Act affects a secondment of a person to a wholly owned subsidiary of Pacific Power that was in force before the commencement of this Act. Any such person remains a staff member of the Corporation and is taken to have merely been seconded to that subsidiary by the Corporation.
A reference in any other Act or instrument made under any other Act or in any other instrument of any kind to Pacific Power is, except as provided by clause 6 and the regulations, taken to be a reference to the Corporation.
(1) The Treasurer may guarantee the performance of obligations of a former subsidiary of Pacific Power, that is wholly owned by the Corporation, under a contract entered into by that subsidiary and in force immediately before the dissolution of Pacific Power.
(2) Any such guarantee entered into by the Treasurer before the commencement of this Act is taken to have been validly entered into and given.
(3) Any guarantee entered into by Pacific Power before the dissolution of Pacific Power in relation to a contract entered into by a wholly owned subsidiary of Pacific Power is, while the guarantee is in force, taken to have been entered into by the Treasurer.
(4) Part 2C of the Public Authorities (Financial Arrangements) Act 1987 applies to a guarantee entered into, or taken to have been entered into, by the Treasurer under this clause in the same way that it applies to a guarantee given under section 22B of that Act.
(5) Nothing in this Act affects any guarantee entered into before the commencement of this Act under Part 2C of the Public Authorities (Financial Arrangements) Act 1987 in relation to the performance of obligations of a former subsidiary of Pacific Power and any such guarantee continues to have effect under that Part.
(1) A report relating to the operations of Pacific Power for the financial year ending 30 June 2003 is, subject to this clause, to be prepared under the Annual Reports (Statutory Bodies) Act 1984 .
(2) The report is to be submitted to the Treasurer with a letter signed by 2 persons who were directors of Pacific Power immediately before the dissolution of Pacific Power.
(3) The report is not required to contain any information related to any future period.
For the purposes of section 43A of the Public Finance and Audit Act 1983 , 2 or more persons who were directors of Pacific Power immediately before the dissolution of Pacific Power may prepare and submit financial statements for Pacific Power.
(1) Nothing in this Act affects the transfer, before the dissolution of Pacific Power, of any assets, rights or liabilities of Pacific Power under the Energy Services Corporations Act 1995 and Schedule 3 to that Act continues to apply to or in respect of any such transfer.
(2) Any such transfer is taken to have been validly done in connection with, or for purposes related to, the dissolution of Pacific Power.
Any act or thing done or omitted to be done on or after 1 July 2003 and before the date of assent to this Act is valid, and is taken to have always been valid, if the act or thing would have been valid if it had been done or omitted when this Act was in force.