New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(Section 39)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Electricity (Amendment) Act 1993Electricity (Broken Hill) Amendment Act 1994Energy Legislation (Miscellaneous Amendments) Act 1994Electricity Legislation Amendment Act 1995Electricity Supply Act 1995Energy Services Corporations Act 1995
(2) In particular, the regulations may, in the case of the enactment of the Electricity (Amendment) Act 1993 or the Electricity (Broken Hill) Amendment Act 1994 , provide for the resolution of disputes, or to avoid doubt, may be made with respect to whether any person employed or thing done or used by a former electricity council was employed or done or used in connection with its electricity functions.
(3) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the appointed day or a later day.
(4) 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, 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) In this Schedule:
"corresponding electricity distributor", in relation to a former electricity council, means the electricity distributor specified by the proclamation that dissolves the council or declares that the council has no authority to exercise electricity functions.
"defunct county council" means a county council dissolved by proclamation under this Act.
"electricity function" means the generation, distribution, transmission, reticulation or supply of electricity.
"former electricity council" means a local government council or a county council that, immediately before the appointed day, was authorised under an Act to supply electricity to the public.
(2) In any provision of this Schedule, "appointed day", in relation to a defunct county council or a former electricity council, means the day on which the council is dissolved or ceases to have authority to exercise electricity functions.
(1) On the appointed day, the following provisions have effect:(a) any assets of a former electricity council that were used for or in connection with its electricity functions vest in the corresponding electricity distributor without the need of any conveyance, transfer, assignment or assurance,(b) the rights and liabilities of each former electricity council in connection with its electricity functions become by virtue of this clause the rights and liabilities of the corresponding electricity distributor,(c) all proceedings commenced before the appointed day by or against a former electricity council in connection with its electricity functions and pending immediately before the appointed day are taken to be proceedings pending by or against the corresponding electricity distributor,(d) any act, matter or thing done or omitted to be done before the appointed day by, to or in respect of a former electricity council in connection with its electricity functions is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the corresponding electricity distributor.
(2) The operation of this clause is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(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.
(3) The operation of this clause is not to be regarded as an event of default under any contract or other instrument.
(4) No attornment to an electricity distributor by a lessee from a former electricity council is required.
(1) A person who, immediately before the appointed day, held office as Chairman or a member of a defunct county council:(a) ceases to hold that office, and(b) holds office, subject to this Act, as Chairperson or a director, respectively, of the corresponding electricity distributor.
(2) A person who so ceases to hold office as a member of a defunct county council is not entitled to any remuneration or compensation because of the loss of that office.
(1) A person who, immediately before the appointed day, held office as general manager of a defunct county council:(a) ceases to hold that office, and(b) except as provided by this clause, is not entitled to any remuneration or compensation because of the loss of that office.
(2) The general manager of a defunct county council is taken to have been appointed under this Act as the general manager of the corresponding electricity distributor under the terms and for the remaining duration of the general manager’s existing employment contract with the defunct county council.
(1) The persons who were, immediately before the appointed day, members of staff of a former electricity council employed in connection with its electricity functions are taken to be members of staff of the corresponding electricity distributor employed under this Act.
(2) Subject to this Schedule, any such members of staff are (until other provision is duly made) to be employed in accordance with the employment contracts, awards, industrial agreements and determinations, and at the rates of pay, applying to them immediately before the appointed day as members of staff of the former electricity council.
(3) Members of staff to whom this clause applies are entitled to any accrued sick, recreational or extended leave (or any other leave or entitlement prescribed by the regulations) not taken before the appointed day.
(1) Subject to the regulations, the provisions of the Local Government Act 1993 and the regulations made under that Act relating to defunct county councils do not apply to or in respect of any electricity distributor.
(2) The provisions of the Local Government Act 1993 and the regulations made under that Act relating to the employment of persons by a former electricity council in connection with its electricity functions do not apply to a person employed under this Act, except as provided by this clause.
(3) Section 99 of the Local Government Act 1919 continues to apply to a person who, immediately before the appointed day, was an employee of a former electricity council in connection with its electricity functions and who was the subject of an inquiry, or suspended, under that section.
On and from the appointed day, a reference (other than a reference prescribed by the regulations) in any other Act, in any instrument made under any Act or in any document of any kind:
(a) to a former electricity council in connection with its electricity functions is taken to be a reference to the corresponding electricity distributor, or
(b) the chairman of a defunct county council is taken to be a reference to the Chairperson of the corresponding electricity distributor, or
(c) to a delegate to a defunct county council is taken to be a reference to a director of the corresponding electricity distributor, or
(d) to the general manager of a defunct county council is taken to be a reference to the general manager of the corresponding electricity distributor.
An acquisition of land by compulsory process, and the assessment and payment of compensation relating to the acquisition that was commenced before the appointed day by or on behalf of a former electricity council in connection with its electricity functions is to be completed or otherwise dealt with by or on behalf of the corresponding electricity distributor in accordance with the provisions of clause 3.
Section 8 of the County Districts Reconstitution Act 1979 continues to apply for the good of any person to whom it applied immediately before its repeal by this Act.
Part 2 applies to and in respect of Broken Hill Electricity as if:
(a) Broken Hill City Council were a former electricity council under this Schedule, and
(b) Broken Hill Electricity were the corresponding electricity distributor in relation to Broken Hill City Council (as a former electricity council), and
(c) the appointed day in relation to Broken Hill City Council (as a former electricity council) were the date of commencement of this clause.
(1) The first board of directors of Broken Hill Electricity is to consist of the 7 persons (5 councillors and 2 other persons) who, immediately before the commencement of this clause, were members of the committee of the Broken Hill City Council known as the Electricity Committee.
(2) Those persons are taken to have been elected to the board of Broken Hill Electricity pursuant to section 6N, and Schedule 8 applies to them as elected directors.
(3) Section 6N (1)-(3A) does not apply to the first board of directors of Broken Hill Electricity.
The person who, immediately before the commencement of this clause, held office as General Manager (Electricity) of Broken Hill City Council:
(a) ceases to hold that office and is not entitled to any remuneration or compensation because of the loss of that office, and
(b) is taken to have been appointed under this Act as the general manager of Broken Hill Electricity under the terms and for the remaining duration of the general manager’s existing employment contract with Broken Hill City Council.
(1) If any dispute arises as to the operation of clause 3 of this Schedule in respect of Broken Hill Electricity and the dispute is not resolved within 3 months after the commencement of this clause, the Minister may refer the dispute to arbitration under the Commercial Arbitration Act 1984 and may appoint an arbitrator for that purpose.
(2) The Minister is not to refer a dispute to arbitration without first consulting on the dispute with the Broken Hill City Council.
(3) For the purposes of any such arbitration, the parties to the arbitration are Broken Hill City Council and Broken Hill Electricity.
(4) The parties are to pay the costs of the arbitration (including the fees and expenses of the arbitrator) in equal shares.
(5) The award made by the arbitrator is final and binding on the parties.
In this Part, "the amending Act" means the Energy Legislation (Miscellaneous Amendments) Act 1994 .
The members of the Electricity Council, as constituted under section 5 immediately before the commencement of this clause, cease to hold office on that commencement.
An article that was duly certified as referred to in section 21A (1) (a) (iii) immediately before the commencement of the amendment to that subparagraph effected by the amending Act is taken to have been duly certified as referred to in that subparagraph as so amended.
In this Part:
"amending Act" means the Electricity Legislation Amendment Act 1995 .
(1) The boards of directors for each electricity distributor are abolished.
(2) Part 8 of the Public Sector Management Act 1988 applies to each director of a board that is abolished by this clause as if the director had been removed from office by the Governor under section 90 of that Act.
(1) Pending the appointment of the relevant board or boards of directors, the Minister may appoint a reform facilitator for one or more electricity distributors.
(2) The Minister may, at any time, remove a person from office as reform facilitator.
(3) A reform facilitator is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.
(4) A reform facilitator for an electricity distributor has all of the functions of the board of directors for the electricity distributor.
(5) Matters concerning a group of electricity distributors for which there is a common reform facilitator may be dealt with by the reform facilitator as if the group were a single electricity distributor.
(6) Section 7R applies to a reform facilitator in the same way as it applies to a director of an electricity distributor.
(7) Sydney Electricity is taken to be an electricity distributor for the purposes of this clause.
Any transfer of staff, assets, rights or liabilities that was effected under section 7X before the commencement of this clause is taken to have been effected under Schedule 3, and Schedule 3 has effect accordingly.
(1) The Electricity Council is abolished.
(2) Part 8 of the Public Sector Management Act 1988 applies to each member of the Electricity Council as if the member had been removed from office by the Governor under section 90 of that Act.
Part 3AA continues to apply to and in respect of an electricity supply authority within the meaning of that Part in relation to any insurance policy or self-insurance scheme referred to in section 14AAA that was in force immediately before the repeal of that Part.
Part 3A continues to apply to and in respect of any account rendered by an electricity supply authority in relation to an accounting period that commenced before the repeal of that Part.
A reference in any other Act or instrument to the Electricity Act 1945 is to be read as a reference to the Electricity Safety Act 1945 .