New South Wales Repealed Acts

This legislation has been repealed.

ELECTRICITY (PACIFIC POWER) ACT 1950 - SCHEDULE 7

SCHEDULE 7 – Savings, transitional and other provisions

(Section 99)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Electricity Legislation Amendment Act 1995

Energy Services Corporations Act 1995

Electricity Supply Act 1995

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(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 Electricity Legislation Amendment Act 1995

2 Definition

In this Part:
"amending Act" means the Electricity Legislation Amendment Act 1995 .

3 Abolition of Electricity Commission

(1) The Electricity Commission of New South Wales is abolished.

(2) Pacific Power is a continuation of, and the same legal entity as, the Electricity Commission of New South Wales.

4 Preservation of certain entitlements

(1) Part 8 of the Public Sector Management Act 1988 applies to each commissioner of the Electricity Commission holding office immediately before the commencement of this clause as if the commissioner had been removed from office by the Governor under section 90 of that Act.

(2) Subclause (1) does not apply to the persons referred to in clauses 5 and 6.

5 Former chairperson to continue as director and Chairperson

The person who, immediately before the commencement of this clause, was the chairperson of the Electricity Commission is taken:

(a) to have been appointed, for a term of 1 year beginning on that commencement, as a part-time director of the Board, and

(b) to have been appointed Chairperson of the Board,

6 Former elected commissioner to continue as director

The person who, immediately before the commencement of this clause, was the commissioner referred to in clause 2 (1) (c) of Schedule 6 (as in force immediately before that commencement) is taken to be the person recommended for appointment as a part-time director (as referred to in section 5B (2) (c)) for the purposes of the first Board to be established after that commencement.

7 Removal from office of General Manager

(1) The office of General Manager is abolished.

(2) Part 2A of the Public Sector Management Act 1988 applies to the General Manager of the Electricity Commission holding office immediately before the commencement of this clause as if the General Manager had been removed from office by the Governor under section 42Q of that Act.

(3) If the General Manager referred to in subclause (2):

(a) is appointed as Chief Executive, within 3 months after the commencement of this clause, for a term that expires before the date on which his or her term of office as General Manager would have expired had the office of General Manager not been abolished, and

(b) is not re-appointed as Chief Executive between the date on which his or her term of office as Chief Executive expires and the date on which his or her term of office as General Manager would have expired had the office of General Manager not been abolished,

the compensation (if any) to which he or she is entitled under section 42S of the Public Sector Management Act 1988 as a consequence of not having been re-appointed as Chief Executive is to be determined by the Statutory and Other Offices Remuneration Tribunal as if the office of General Manager had not been abolished and as if he or she had been removed from office as General Manager on the date on which his or her term of office as Chief Executive expires.

8 Delegations

Any delegation in force under section 5B, as in force immediately before the commencement of this clause, continues to have effect as if it had been made under section 5G, as inserted by the amending Act.

9 Ministerial directions

Any direction in force under section 7, as in force immediately before the commencement of this clause, continues to have effect as if it had been given under section 7, as substituted by the amending Act.

10 Construction of certain references

In any Act or instrument:

(a) a reference to the Electricity Commission of New South Wales, however expressed, includes a reference to Pacific Power, and

(b) a reference to a commissioner of the Electricity Commission of New South Wales includes a reference to a member of the Board of directors for Pacific Power, and

(c) a reference to the General Manager of the Electricity Commission of New South Wales includes a reference to the Chief Executive of Pacific Power.