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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Energy Assets (Restructuring
and Disposal) Bill 2006
Queensland
Energy Assets (Restructuring and
Disposal) Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Extraterritorial application of Act. . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Interpretation
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Meaning of energy entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Meaning of project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 References to functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 3 Particular Ministerial powers and activities relating to the
project
8 Associated activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Limitation on power to second employees of an energy entity . . . 10
11 Project direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 4 Gas authorities
Division 1 General
12 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Words have meanings given by Gas Act . . . . . . . . . . . . . . . . . . . 12
14 Application of Gas Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Performance of regulator's functions . . . . . . . . . . . . . . . . . . . . . . 12
16 Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2 Distribution authorities
17 Issue of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Limitation on issuing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Public notice of issue of authority. . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Energy Assets (Restructuring and Disposal) Bill 2006
20 Amendment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Cancellation of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Transfer of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Surrender of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3 Retail authorities
24 Issue of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Limitation on issuing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Public notice of issue of authority. . . . . . . . . . . . . . . . . . . . . . . . . 16
27 Amendment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Cancellation of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Transfer of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Surrender of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4 Other matters
31 Notified prices for customer retail services. . . . . . . . . . . . . . . . . . 18
Part 5 Electricity authorities
Division 1 Preliminary
32 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33 Words have meanings given by Electricity Act . . . . . . . . . . . . . . . 20
Division 2 Issue of authorities and other dealings
34 Application of Electricity Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
35 Performance of regulator's functions . . . . . . . . . . . . . . . . . . . . . . 20
36 Review or appeal of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Issue of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
38 Limitations on issuing authority . . . . . . . . . . . . . . . . . . . . . . . . . . 21
39 Amendment or cancellation of authority . . . . . . . . . . . . . . . . . . . . 22
40 Surrender of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 3 Matters associated with dealings with authorities
41 Existing standard contracts and meter readings . . . . . . . . . . . . . 23
42 Amendment of provision of standard customer sales contract in
approved industry code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
43 Notified prices for customer retail services. . . . . . . . . . . . . . . . . . 25
Division 4 Operation of authorities and related matters
44 Operation of authorities and related matters . . . . . . . . . . . . . . . . 25
45 Effect on customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 6 Application of other laws and instruments
46 Act applies despite other laws and instruments . . . . . . . . . . . . . . 27
47 Excluded matter for Corporations Act . . . . . . . . . . . . . . . . . . . . . 28
3
Energy Assets (Restructuring and Disposal) Bill 2006
48 Non-liability for duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
49 Disposal of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
50 Decisions not reviewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 7 Miscellaneous
51 FRC day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
52 Time within which Minister may act . . . . . . . . . . . . . . . . . . . . . . . 29
53 Notice to be given to regulator or energy Minister about notified
prices ......................................... 29
54 Registering authority to note transfer . . . . . . . . . . . . . . . . . . . . . . 30
55 Confidentiality agreement with prospective purchasers . . . . . . . . 30
56 Disclosure and use of information for the project . . . . . . . . . . . . . 31
57 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
58 Preservation of rights of seconded employees. . . . . . . . . . . . . . . 33
59 Preservation of rights of transferred employees . . . . . . . . . . . . . . 34
60 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
61 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
62 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
63 Transitional--amendment of regulation . . . . . . . . . . . . . . . . . . . . 35
Part 8 Amendment of other laws
Division 1 Amendment of Community Ambulance Cover Act 2003
64 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
65 Replacement of s 81 (Electricity retailer may engage contractor) 35
81 Authorised subcontractors to perform electricity
retailer's functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2 Amendment of Electricity Act 1994
66 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
67 Amendment of s 48 (Retail area of retail entity) . . . . . . . . . . . . . . 37
68 Amendment of s 64C (Contribution fee) . . . . . . . . . . . . . . . . . . . . 37
69 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 3 Amendment of Government Owned Corporations Act 1993
70 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
71 Amendment of s 145 (Application of Corporations Act to officers
of company GOC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
72 Amendment of s 146 (Application of Corporations Act to officers
of GOC subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 4 Amendment of Government Owned Corporations
Regulation 2004
73 Regulation amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
4
Energy Assets (Restructuring and Disposal) Bill 2006
74 Omission of pts 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
75 Omission of schs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
2006
A Bill
for
An Act to facilitate the disposal of particular energy
businesses, including by facilitating the restructure or sale of
energy entities, and for other purposes
s1 6 s5
Energy Assets (Restructuring and Disposal) Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Energy Assets (Restructuring 4
and Disposal) Act 2006. 5
2 Purpose of Act 6
The purpose of this Act is to facilitate the disposal of 7
particular gas and electricity businesses of energy entities, 8
including by facilitating the restructure or sale of the entities. 9
3 Extraterritorial application of Act 10
(1) This Act applies both within and outside Queensland. 11
(2) This Act applies outside Queensland to the full extent of the 12
extraterritorial legislative power of the Parliament. 13
Part 2 Interpretation 14
4 Dictionary 15
The dictionary in the schedule defines particular words used 16
in this Act. 17
5 Meaning of energy entity 18
(1) Each of the following is an energy entity-- 19
(a) Energex; 20
(b) Ergon; 21
s6 7 s6
Energy Assets (Restructuring and Disposal) Bill 2006
(c) a company of which Energex or Ergon is the ultimate 1
holding company; 2
(d) a company owned jointly by Energex and Ergon; 3
(e) a government company established for the project; 4
(f) a company that was an energy entity under paragraph 5
(c), all of whose shares have been transferred to the 6
State or to a government company mentioned in 7
paragraph (e). 8
(2) To remove any doubt, it is declared that a company is not an 9
energy entity if it is not-- 10
(a) a company ultimately owned by the State; or 11
(b) a company of which Energex or Ergon is the ultimate 12
holding company. 13
6 Meaning of project 14
(1) The project is-- 15
(a) the taking of steps, including establishing companies, 16
restructuring businesses, assets and liabilities of energy 17
entities, disposing of energy entities and issuing and 18
dealing with gas and electricity authorities-- 19
(i) to facilitate the disposal of particular gas and 20
electricity businesses of energy entities; and 21
(ii) for associated purposes relating to the continuing 22
operation of energy entities; and 23
(b) the disposal of the gas and electricity businesses, 24
including by the disposal of energy entities. 25
(2) The project also includes the taking of steps to facilitate an 26
arrangement between Ergon Energy and another entity, or 27
between a sale entity and another entity, after the disposal of 28
an electricity business or energy entity mentioned in 29
subsection (1), for the other entity to assume an obligation to 30
provide customer retail services to non-contestable customers 31
in Ergon Energy's or the sale entity's retail area. 32
s7 8 s8
Energy Assets (Restructuring and Disposal) Bill 2006
(3) Words defined in the Electricity Act and used in subsection 1
(2) have the same meanings as they have in the Electricity 2
Act. 3
7 References to functions 4
In this Act-- 5
(a) a reference to a function includes a power; and 6
(b) a reference to performing a function includes exercising 7
a power. 8
Part 3 Particular Ministerial powers and 9
activities relating to the project 10
8 Associated activities 11
For the purpose of the project, the Minister may do any of the 12
following-- 13
(a) examine a business, asset or liability of an energy entity, 14
including a record relating to a business, asset or 15
liability; 16
(b) decide the most appropriate way of restructuring a 17
business, asset or liability of an energy entity, including 18
by deciding whether or not a business, asset or liability 19
of an energy entity is to be transferred to another energy 20
entity; 21
(c) decide the most appropriate way of disposing of an 22
energy entity or of a business, asset or liability of an 23
energy entity; 24
(d) anything else necessary or incidental to facilitate the 25
disposal of an energy entity or of a business, asset or 26
liability of an energy entity or the continuing operation 27
of an energy entity. 28
s9 9 s9
Energy Assets (Restructuring and Disposal) Bill 2006
9 Transfer notice 1
(1) For the purpose of the project, the Minister may, by gazette 2
notice (a transfer notice), do any of the following-- 3
(a) transfer shares in an energy entity to another energy 4
entity or the State; 5
(b) transfer a business, asset or liability of an energy entity 6
to another energy entity or the State; 7
(c) make provision about the consideration for shares or a 8
business, asset or liability transferred under paragraph 9
(a) or (b); 10
(d) grant a lease, easement or other right to an energy entity; 11
(e) vary or extinguish a lease, easement or other right held 12
by an energy entity; 13
(f) provide whether and, if so, the extent to which an energy 14
entity is the successor in law of another energy entity; 15
(g) make provision for a legal proceeding that is being, or 16
may be, taken by or against an energy entity to be 17
continued or taken by or against another energy entity; 18
(h) make provision about the application of instruments to 19
an energy entity, including-- 20
(i) whether an energy entity is a party to an 21
instrument; and 22
(ii) whether an instrument is taken to have been given 23
to, by or in favour of an energy entity; and 24
(iii) whether a reference to an entity in an instrument is 25
a reference to an energy entity; and 26
(iv) whether, under an instrument, an amount is or may 27
become payable to or by an energy entity or other 28
property is, or may be, transferred to or by an 29
energy entity; 30
(i) transfer or second an employee of an energy entity to 31
another energy entity; 32
(j) make provision about the employees of an energy entity 33
and their rights; 34
(k) make provision about the records of an energy entity; 35
s 10 10 s 10
Energy Assets (Restructuring and Disposal) Bill 2006
(l) make provision about an incidental, consequential or 1
supplemental matter the Minister considers necessary or 2
convenient for effectively carrying out the project. 3
(2) A transfer notice may include conditions applying to 4
something done under the notice. 5
(3) If the Minister is satisfied it would be inappropriate for a 6
particular matter to be stated in a transfer notice (for example, 7
because of the size or nature of the matter), the Minister may 8
provide for the matter by including a reference in the transfer 9
notice to another document that is-- 10
(a) signed by the Minister; and 11
(b) kept available, at a place stated in the transfer notice, for 12
inspection by the persons to whom the matter relates. 13
(4) The transfer of a liability of an energy entity under this section 14
discharges the entity from the liability. 15
(5) A transfer notice has effect despite any other law or 16
instrument. 17
(6) A transfer notice has effect on the day it is published in the 18
gazette or a later day stated in it. 19
(7) In this section-- 20
employee, of an energy entity, does not include a director of 21
the entity. 22
10 Limitation on power to second employees of an energy 23
entity 24
(1) The secondment of an employee under a transfer notice must 25
not, without the employee's consent, involve-- 26
(a) a reduction in the employee's status; or 27
(b) any change in the employee's duties that would be 28
unreasonable having regard to the employee's skills, 29
abilities and experience. 30
(2) An employee's status is not reduced for the purposes of 31
subsection (1)(a) by-- 32
(a) a reduction in the scope of the business operations for 33
which the employee is responsible; or 34
s 11 11 s 11
Energy Assets (Restructuring and Disposal) Bill 2006
(b) a reduction in the number of employees under the 1
employee's supervision or management; 2
if the employee's functions in their general nature remain the 3
same as, or similar to, the employee's functions before 4
secondment. 5
11 Project direction 6
(1) The Minister may give a direction (a project direction) to an 7
energy entity or its board requiring the entity or board to do 8
something the Minister considers necessary or convenient for 9
effectively carrying out the project. 10
(2) Without limiting subsection (1), a project direction may be 11
about-- 12
(a) forming a company for the purpose of transferring a 13
business, asset or liability to the company; or 14
(b) winding up a company; or 15
(c) executing an instrument; or 16
(d) making a particular decision about disposing of shares 17
in an energy entity other than Energex or Ergon; or 18
(e) making a particular decision for the purpose of returning 19
the proceeds of the disposal of an energy entity, or of a 20
gas or electricity business, to the State; or 21
22
Example--
23
a decision about a dividend or return of capital
(f) disclosing information. 24
(3) A project direction must be in writing, signed by the Minister. 25
(4) An energy entity must comply with a project direction given 26
to it. 27
(5) An energy entity's board must-- 28
(a) if a project direction is given to the board--comply with 29
the direction; or 30
(b) if a project direction is given to the entity--take the 31
action necessary to ensure the entity complies with the 32
direction. 33
s 12 12 s 15
Energy Assets (Restructuring and Disposal) Bill 2006
(6) An energy entity's employees must help the entity or board to 1
comply with a project direction given to the entity or board. 2
Part 4 Gas authorities 3
Division 1 General 4
12 Definitions for pt 4 5
In this part-- 6
authority means a distribution authority or retail authority. 7
Gas Act means the Gas Supply Act 2003. 8
13 Words have meanings given by Gas Act 9
Words defined in the Gas Act and used in this part have the 10
same meanings as they have in the Gas Act. 11
14 Application of Gas Act 12
The Gas Act applies to an authority issued under this part as if 13
the authority had been issued under the Gas Act by the 14
regulator. 15
15 Performance of regulator's functions 16
(1) Divisions 2 and 3 provide for the Minister to perform 17
particular functions of the regulator in relation to energy 18
entities. 19
(2) The Minister may perform the functions for the purpose of the 20
project. 21
(3) A thing done by the Minister under division 2 or 3 has effect 22
as if it had been done by the regulator under the Gas Act. 23
s 16 13 s 18
Energy Assets (Restructuring and Disposal) Bill 2006
(4) This part does not limit the functions of the regulator or 1
energy Minister under the Gas Act, including the regulator's 2
functions relating to an authority issued under division 2 or 3. 3
4
Example--
5
An authority issued by the Minister under division 2 or 3 may be
6
amended by the regulator under the Gas Act.
16 Review of decisions 7
To remove any doubt, it is declared that a decision by the 8
Minister under this part is not a decision that may be the 9
subject of a review, stay or appeal under the Gas Act, chapter 10
6, part 1. 11
Division 2 Distribution authorities 12
17 Issue of authority 13
(1) The Minister may issue a distribution authority to an energy 14
entity. 15
(2) The Minister may impose conditions on the authority the 16
Minister considers appropriate. 17
(3) The Minister may issue the authority for a stated term. 18
(4) If the Minister does not decide a term for the authority, it 19
continues in force unless cancelled or surrendered under the 20
Gas Act, chapter 2, part 1 or this division. 21
(5) Except so far as this division otherwise provides, the Gas Act, 22
chapter 2, part 1, division 1 does not apply to the issue of the 23
authority by the Minister. 24
18 Limitation on issuing authority 25
The Minister may not issue to an energy entity a distribution 26
authority to provide customer connection services relating to 27
processed natural gas to be transported through a pipeline if 28
the energy entity sells processed natural gas transported 29
through a covered pipeline. 30
s 19 14 s 21
Energy Assets (Restructuring and Disposal) Bill 2006
19 Public notice of issue of authority 1
(1) As soon as practicable after issuing a distribution authority to 2
an energy entity, the Minister must notify the regulator. 3
(2) The regulator must publish a notice about the authority in a 4
Statewide newspaper. 5
(3) The Gas Act, section 37(3) applies to the notice as if the 6
energy entity had applied for the authority. 7
20 Amendment of authority 8
(1) This section applies to a distribution authority held by an 9
energy entity. 10
(2) The Minister may amend the authority at any time, by giving 11
notice of the amendment to the energy entity, if the Minister 12
considers the amendment necessary or desirable. 13
(3) The Minister must immediately give notice of the amendment 14
to the regulator. 15
(4) The regulator must record particulars of the amendment in the 16
register. 17
(5) The Minister can not amend a condition of a distribution 18
authority imposed under the Gas Act, chapter 2, part 1, 19
division 2. 20
(6) The Gas Act, chapter 2, part 1, division 3 does not apply to an 21
amendment by the Minister. 22
21 Cancellation of authority 23
(1) This section applies to a distribution authority held by an 24
energy entity. 25
(2) The Minister may cancel the authority at any time, by giving 26
notice to the energy entity, if the Minister considers the 27
cancellation necessary or desirable. 28
(3) The Minister must immediately notify the regulator of the 29
cancellation. 30
(4) The regulator must record, in the register, the cancellation and 31
when it took effect. 32
s 22 15 s 24
Energy Assets (Restructuring and Disposal) Bill 2006
(5) The Gas Act, chapter 2, part 1, division 3 does not apply to a 1
cancellation by the Minister. 2
22 Transfer of authority 3
(1) This section applies to a distribution authority held by an 4
energy entity. 5
(2) The Minister may transfer the authority to another energy 6
entity, at any time, by giving notice of the transfer to the 7
energy entities. 8
(3) The Minister must immediately give notice of the transfer to 9
the regulator. 10
(4) The regulator must record particulars of the transfer in the 11
register. 12
(5) The Gas Act, chapter 2, part 1, division 4, subdivision 2 does 13
not apply to a transfer by the Minister. 14
(6) This section applies despite the Gas Act, section 67. 15
23 Surrender of authority 16
(1) This section applies to a distribution authority held by an 17
energy entity. 18
(2) The energy entity may surrender the authority with the 19
approval of the Minister. 20
(3) Immediately after approving the surrender, the Minister must 21
notify the regulator. 22
(4) The regulator must record, in the register, the surrender and 23
when it took effect. 24
(5) The Gas Act, section 73 does not apply to the surrender of an 25
authority with the approval of the Minister under this section. 26
Division 3 Retail authorities 27
24 Issue of authority 28
(1) The Minister may issue a retail authority to an energy entity. 29
s 25 16 s 27
Energy Assets (Restructuring and Disposal) Bill 2006
(2) The Minister may impose conditions on the authority the 1
Minister considers appropriate. 2
(3) The Minister may issue the authority for a stated term. 3
(4) If the Minister does not decide a term for the authority, it 4
continues in force unless cancelled or surrendered under the 5
Gas Act, chapter 3, part 1 or this division. 6
(5) Except so far as this division otherwise provides, the Gas Act, 7
chapter 3, part 1, division 1 does not apply to the issue of the 8
authority by the Minister. 9
25 Limitation on issuing authority 10
(1) The Minister may not issue to an energy entity an area retail 11
authority if the retail area for the proposed authority is or 12
includes the retail area of an existing retail authority. 13
(2) The Minister may not issue to an energy entity a retail 14
authority to provide customer retail services relating to 15
processed natural gas to be transported through a pipeline if 16
the energy entity provides customer connection services 17
relating to processed natural gas transported through a 18
covered pipeline. 19
26 Public notice of issue of authority 20
(1) As soon as practicable after issuing a retail authority to an 21
energy entity, the Minister must notify the regulator. 22
(2) The regulator must publish a notice about the authority in a 23
Statewide newspaper. 24
(3) The Gas Act, section 157(3) applies to the notice as if the 25
energy entity had applied for the authority. 26
27 Amendment of authority 27
(1) This section applies to a retail authority held by an energy 28
entity. 29
(2) The Minister may amend the authority at any time, by giving 30
notice of the amendment to the energy entity, if the Minister 31
considers the amendment necessary or desirable. 32
s 28 17 s 29
Energy Assets (Restructuring and Disposal) Bill 2006
(3) The Minister must immediately give notice of the amendment 1
to the regulator. 2
(4) The regulator must record particulars of the amendment in the 3
register. 4
(5) The Minister can not amend a condition of a retail authority 5
imposed under the Gas Act, chapter 3, part 1, division 2. 6
(6) The Gas Act, chapter 3, part 1, division 3 does not apply to an 7
amendment by the Minister. 8
28 Cancellation of authority 9
(1) This section applies to a retail authority held by an energy 10
entity. 11
(2) The Minister may cancel the authority at any time, by giving 12
notice to the energy entity, if the Minister considers the 13
cancellation necessary or desirable. 14
(3) The Minister must immediately notify the regulator of the 15
cancellation. 16
(4) The regulator must record, in the register, the cancellation and 17
when it took effect. 18
(5) The Gas Act, chapter 3, part 1, division 3 does not apply to a 19
cancellation by the Minister. 20
29 Transfer of authority 21
(1) This section applies to a retail authority held by an energy 22
entity. 23
(2) The Minister may transfer the authority to another energy 24
entity, at any time, by giving notice of the transfer to the 25
energy entities. 26
(3) The Minister must immediately give notice of the transfer to 27
the regulator. 28
(4) The regulator must record particulars of the transfer in the 29
register. 30
s 30 18 s 31
Energy Assets (Restructuring and Disposal) Bill 2006
(5) The Gas Act, chapter 3, part 1, division 4, subdivision 2 does 1
not apply to a transfer by the Minister. 2
(6) This section applies despite the Gas Act, section 191. 3
30 Surrender of authority 4
(1) This section applies to a retail authority held by an energy 5
entity. 6
(2) The energy entity may surrender the authority with the 7
approval of the Minister. 8
(3) Immediately after approving the surrender, the Minister must 9
notify the regulator. 10
(4) The regulator must record, in the register, the surrender and 11
when it took effect. 12
(5) The Gas Act, section 197 does not apply to the surrender of an 13
authority with the approval of the Minister under this section. 14
Division 4 Other matters 15
31 Notified prices for customer retail services 16
(1) This section applies if-- 17
(a) under a gazette notice in force under the Gas Act, 18
section 228, notified prices apply to the provision of 19
services that are, or relate to, customer retail services for 20
protected customers by particular retailers (the stated 21
retailers); and 22
(b) the stated retailers do not include a particular energy 23
entity. 24
(2) This section also applies if-- 25
(a) under a gazette notice in force under the Gas Act, 26
section 228, notified prices apply to the provision of 27
services by a particular energy entity that are, or relate 28
to, customer retail services for protected customers in a 29
particular area (the stated area); and 30
s 32 19 s 32
Energy Assets (Restructuring and Disposal) Bill 2006
(b) the stated area no longer corresponds to the energy 1
entity's retail area. 2
(3) If subsection (1) applies, the Minister may, by gazette notice, 3
apply the notified prices (the applied prices) to the energy 4
entity in relation to its retail area. 5
(4) If subsection (2) applies, the Minister may, by gazette notice, 6
apply the notified prices (also the applied prices) to the 7
energy entity's retail area. 8
(5) For the Gas Act, sections 229 to 232,1 the applied prices are 9
taken to be notified prices. 10
(6) The Minister's gazette notice applies to the energy entity even 11
if the entity stops being an energy entity. 12
(7) However, the Minister's gazette notice stops applying if the 13
energy Minister issues a later gazette notice under the Gas 14
Act, section 228, that applies to the energy entity or the entity 15
after it stops being an energy entity. 16
Part 5 Electricity authorities 17
Division 1 Preliminary 18
32 Definitions for pt 5 19
In this part-- 20
acquiring entity means a person who contracts with Ergon 21
Energy or a sale entity, in relation to the provision of customer 22
retail services by that person to non-contestable customers in 23
Ergon Energy's or the sale entity's retail area, before the FRC 24
day. 25
authority means a retail authority. 26
1 Gas Act, sections 229 (Review of notified prices), 230 (Public advertisement of
notified prices), 231 (Requirement to comply with notified prices) and 232
(Additional consequences of failure to comply with notified prices)
s 33 20 s 35
Energy Assets (Restructuring and Disposal) Bill 2006
Electricity Act means the Electricity Act 1994. 1
market customer, of a retail entity, means a customer of the 2
entity who has-- 3
(a) applied to the entity for the provision of customer retail 4
services to the customer's premises; and 5
(b) entered into a negotiated customer sale contract for the 6
customer retail services. 7
non-market customer, of a retail entity, means a customer of 8
the entity other than a market customer. 9
premises, of a customer, means premises owned or occupied 10
by the customer. 11
prescribed entity means Ergon Energy, Sun Retail, an 12
acquiring entity or a sale entity. 13
sale entity means a former energy entity, other than Ergon 14
Energy or Sun Retail, that holds an authority. 15
Sun Retail means Sun Retail Pty Ltd ACN 078 848 549 as a 16
former energy entity. 17
33 Words have meanings given by Electricity Act 18
Words defined in the Electricity Act and used in this part have 19
the same meanings as they have in the Electricity Act. 20
Division 2 Issue of authorities and other 21
dealings 22
34 Application of Electricity Act 23
The Electricity Act applies to an authority issued under this 24
division as if the authority had been issued under the 25
Electricity Act by the regulator. 26
35 Performance of regulator's functions 27
(1) This division provides for the Minister to perform particular 28
functions of the regulator in relation to energy entities or 29
prescribed entities. 30
s 36 21 s 38
Energy Assets (Restructuring and Disposal) Bill 2006
(2) The Minister may perform the functions for the purpose of the 1
project. 2
(3) A thing done by the Minister under this division has effect as 3
if it had been done by the regulator under the Electricity Act. 4
(4) This division does not limit the functions of the regulator or 5
energy Minister under the Electricity Act, including the 6
regulator's functions relating to an authority issued under this 7
division. 8
9
Example--
10
An authority issued by the Minister under this division may be amended
11
by the regulator under the Electricity Act.
36 Review or appeal of decisions 12
To remove any doubt, it is declared that a decision by the 13
Minister under this division is not a decision that may be the 14
subject of a review, stay or appeal under the Electricity Act, 15
chapter 10. 16
37 Issue of authority 17
(1) The Minister may issue an authority to an energy entity or a 18
prescribed entity. 19
(2) The Minister may impose conditions on the authority the 20
Minister considers appropriate. 21
(3) The authority may state the term of the authority. 22
(4) If the authority states a retail area, the authority may state 23
when the right to the retail area starts and ends. 24
(5) As soon as practicable after issuing the authority, the Minister 25
must notify the regulator. 26
(6) Except so far as this division otherwise provides, the 27
Electricity Act, chapter 9, part 4, division 1 does not apply to 28
the issue of the authority by the Minister. 29
38 Limitations on issuing authority 30
(1) The Minister must not issue an authority with a retail area if 31
another authority with the same retail area is already in force. 32
s 39 22 s 40
Energy Assets (Restructuring and Disposal) Bill 2006
(2) The Minister must not issue an authority to a distribution 1
entity. 2
39 Amendment or cancellation of authority 3
(1) This section applies to an authority held by an energy entity or 4
a prescribed entity. 5
(2) The Minister may, by giving a written notice to the energy 6
entity or prescribed entity, take any of the following actions 7
under this section-- 8
(a) amend the authority or the conditions of the authority; 9
(b) cancel the authority. 10
(3) The Minister may take the action if-- 11
(a) for an authority held by an energy entity--the Minister 12
considers the action necessary or desirable; or 13
(b) for an authority held by a prescribed entity--the 14
prescribed entity agrees to the action. 15
(4) As soon as practicable after taking the action, the Minister 16
must notify the regulator. 17
(5) The Electricity Act, chapter 5, part 4 and chapter 9, part 4, 18
division 2 do not apply to the taking of the action by the 19
Minister. 20
40 Surrender of authority 21
(1) An energy entity or prescribed entity that holds an authority 22
may surrender the authority with the Minister's agreement. 23
(2) As soon as practicable after agreeing to the surrender, the 24
Minister must notify the regulator. 25
(3) The Electricity Act, section 207C, does not apply to the 26
surrender of an authority with the Minister's agreement under 27
this section. 28
s 41 23 s 41
Energy Assets (Restructuring and Disposal) Bill 2006
Division 3 Matters associated with dealings 1
with authorities 2
41 Existing standard contracts and meter readings 3
(1) This section applies if-- 4
(a) an energy entity or a prescribed entity (the first entity) 5
holds an authority that states a retail area; and 6
(b) under the Electricity Act, section 49, 49A or 310, or 7
under this section, a customer is taken to have entered 8
into a standard contract with the first entity for the 9
provision of customer retail services to the customer's 10
premises in the retail area (the existing standard 11
contract); and 12
(c) on a day (the transfer day) before the FRC day-- 13
(i) the first entity stops holding an authority stating a 14
retail area that includes the customer's premises; 15
and 16
(ii) another entity (the second entity) starts holding an 17
authority stating a retail area that includes the 18
customer's premises. 19
(2) On the transfer day-- 20
(a) the existing standard contract ends; and 21
(b) the customer is taken to have entered into a standard 22
contract with the second entity for the provision of 23
customer retail services to the customer's premises. 24
(3) The ending of the existing standard contract does not affect 25
rights or obligations that accrued under the contract before the 26
transfer day. 27
(4) The first entity must base the customer's bill, for electricity 28
usage up to the end of the transfer day, on-- 29
(a) an actual reading of the relevant meters at the 30
customer's premises made during the transition period; 31
or 32
(b) if, despite using its best endeavours, it is unable to 33
obtain an actual reading made during the transition 34
s 42 24 s 42
Energy Assets (Restructuring and Disposal) Bill 2006
period--an estimate, made during the transition period, 1
of the customer's electricity usage up to the end of the 2
transfer day. 3
(5) For the purpose of a provision of an approved industry code 4
about meter reading, an actual reading or estimate under 5
subsection (4) is taken to be an actual reading of the relevant 6
meters at the customer's premises at the end of the transfer 7
day. 8
(6) A decision made, or purportedly made, under subsection (4) is 9
not a decision under this Act for section 50.2 10
(7) In this section-- 11
standard contract, in relation to an entity, means a contract on 12
the terms of the entity's standard customer sale contract. 13
transition period means the period consisting of the 3 days 14
before the transfer day, the transfer day, and the 3 days after 15
the transfer day. 16
42 Amendment of provision of standard customer sales 17
contract in approved industry code 18
(1) This section applies if-- 19
(a) an approved industry code sets out a standard customer 20
sale contract; and 21
(b) the Minister considers it necessary or convenient, for the 22
purpose of a relevant dealing, to amend a provision of 23
the standard customer sale contract about the parties to 24
the contract (a parties provision) because of the 25
operation of section 41. 26
(2) The Minister, by gazette notice, may amend the parties 27
provision. 28
(3) Despite its amendment under this section, the approved 29
industry code continues to be an approved industry code. 30
(4) The amendment under this section does not affect the power 31
to further amend or repeal the code under the Electricity Act. 32
2 Section 50 (Decisions not reviewable)
s 43 25 s 44
Energy Assets (Restructuring and Disposal) Bill 2006
(5) In this section-- 1
relevant dealing means a dealing under this part involving the 2
issue, amendment, surrender or cancellation of an authority. 3
43 Notified prices for customer retail services 4
(1) This section applies if-- 5
(a) under a gazette notice in force under the Electricity Act, 6
section 90, notified prices apply to the provision of 7
customer retail services or other goods or services by 8
particular retail entities (the stated retail entities); and 9
(b) the stated retail entities do not include a particular 10
energy entity or prescribed entity. 11
(2) The Minister may, by gazette notice, apply the notified prices 12
(the applied prices) to the energy entity or prescribed entity in 13
relation to the entity's non-contestable customers. 14
(3) For the Electricity Act, sections 91 and 91A,3 the applied 15
prices are taken to be notified prices. 16
(4) The Minister's gazette notice applies to the energy entity even 17
if the entity stops being an energy entity. 18
(5) However, the Minister's gazette notice stops applying to the 19
energy entity or prescribed entity if the pricing entity issues a 20
later gazette notice under the Electricity Act, section 90, that 21
applies to the energy entity or prescribed entity. 22
(6) A reference in subsection (5) to the energy entity includes that 23
entity if it stops being an energy entity. 24
Division 4 Operation of authorities and related 25
matters 26
44 Operation of authorities and related matters 27
(1) This section applies in relation to a FRC entity if-- 28
3 Electricity Act, sections 91 (Retail entities charging for GST) and 91A (Retail entity
must comply with notification or direction)
s 44 26 s 44
Energy Assets (Restructuring and Disposal) Bill 2006
(a) immediately before the FRC day, the FRC entity 1
provides customer retail services to the premises (the 2
relevant premises) of non-market customers (the 3
relevant customers) under an authority that states a 4
retail area; and 5
(b) on the FRC day, the FRC entity holds an authority that 6
does not state a retail area (the continuing authority). 7
(2) From the FRC day, while the FRC entity holds the continuing 8
authority-- 9
(a) the continuing authority authorises the FRC entity to 10
provide customer retail services to the relevant 11
customers at the relevant premises; and 12
(b) the FRC entity has an obligation to provide customer 13
retail services to the relevant customers at the relevant 14
premises despite the FRC entity not holding an authority 15
that states a retail area; and 16
(c) if another retail entity holds an authority that states a 17
retail area that includes the relevant premises, the retail 18
entity is not obliged to provide customer retail services 19
to the relevant customers at the relevant premises. 20
(3) Subsection (2) applies to the continuing authority subject to 21
any amendment, cancellation or surrender of the continuing 22
authority under the Electricity Act. 23
(4) Subsection (5) applies if, immediately before the FRC day, a 24
relevant customer was taken to have entered into a standard 25
contract with the FRC entity for the provision of customer 26
retail services to the customer's relevant premises under the 27
Electricity Act, section 49 or 49A or under section 41(2) of 28
this Act.4 29
(5) From the FRC day, the relevant customer is taken to continue 30
to have a standard contract with the FRC entity. 31
(6) For subsection (5), the standard contract applies to the FRC 32
entity and the relevant customer as if the FRC entity held an 33
authority that states a retail area. 34
4 Section 41 (Existing standard contracts and meter readings)
s 45 27 s 46
Energy Assets (Restructuring and Disposal) Bill 2006
(7) Subsection (2) stops applying in relation to the relevant 1
customer if the standard contract ends under its terms or under 2
the Electricity Act. 3
(8) For subsection (2)(b), if a provision of the Electricity Act or a 4
regulation under that Act-- 5
(a) provides that a retail entity with an authority that states a 6
retail area does not have the obligation mentioned in 7
section 49(2) of that Act; or 8
(b) authorises a retail entity with an authority that states a 9
retail area to refuse to provide customer retail services; 10
that provision applies to the FRC entity, as if the FRC entity 11
held an authority that states a retail area. 12
(9) To remove any doubt, it is declared that the continuing 13
authority is not an authority with a stated retail area. 14
(10) In this section-- 15
FRC entity means Ergon Energy, an acquiring entity or a sale 16
entity. 17
standard contract, in relation to a FRC entity, means a 18
contract on the terms of the FRC entity's standard customer 19
sale contract. 20
45 Effect on customers 21
To remove any doubt, it is declared that a customer's status as 22
a non-market customer is not affected by section 44. 23
Part 6 Application of other laws and 24
instruments 25
46 Act applies despite other laws and instruments 26
A thing may be done under this Act despite any other law or 27
instrument. 28
s 47 28 s 50
Energy Assets (Restructuring and Disposal) Bill 2006
1
Example--
2
In accordance with a project direction given to its board, a GOC may
3
form a company that will become a subsidiary without obtaining the
4
approval that would otherwise be required under the Government
5
Owned Corporations Act 1993, section 163.
47 Excluded matter for Corporations Act 6
Anything done by the Minister under this Act is an excluded 7
matter for the Corporations Act, section 5F,5 in relation to the 8
Corporations Act, chapter 2D.6 9
48 Non-liability for duty 10
No duty under the Duties Act 2001 is payable in relation to 11
anything done under a transfer notice. 12
49 Disposal of public records 13
(1) This section applies if-- 14
(a) a thing is done under a transfer notice or project 15
direction; and 16
(b) the thing is, or involves, a disposal of a public record 17
under the Public Records Act 2002. 18
(2) To remove any doubt, it is declared that, for the purpose of 19
section 13 of that Act, the public record is disposed of under 20
legal authority, justification or excuse. 21
50 Decisions not reviewable 22
(1) A decision under this Act-- 23
(a) is final and conclusive; and 24
(b) can not be challenged, appealed against, reviewed, 25
quashed, set aside or called in question in any other way, 26
under the Judicial Review Act 1991 or otherwise 27
5 Corporations Act, section 5F (Corporations legislation does not apply to matters
declared by State or Territory law to be an excluded matter)
6 Corporations Act, chapter 2D (Officers and employees)
s 51 29 s 53
Energy Assets (Restructuring and Disposal) Bill 2006
(whether by the Supreme Court, another court, a tribunal 1
or another entity); and 2
(c) is not subject to any writ or order of the Supreme Court, 3
another court, a tribunal or another entity on any ground. 4
(2) In this section-- 5
decision includes a decision or conduct leading up to or 6
forming part of the process of making a decision. 7
Part 7 Miscellaneous 8
51 FRC day 9
(1) A regulation may prescribe a day to be the FRC day for this 10
Act. 11
12
Note--
13
FRC stands for full retail competition.
(2) The day must be a day on which a law about retail 14
competition in the gas or electricity industry commences. 15
52 Time within which Minister may act 16
The Minister may not perform a function under part 3, 4 or 5 17
on or after the FRC day. 18
53 Notice to be given to regulator or energy Minister about 19
notified prices 20
(1) As soon as practicable after publishing a gazette notice under 21
section 31,7 the Minister must notify the regulator under the 22
Gas Act. 23
(2) As soon as practicable after publishing a gazette notice under 24
section 43,8 the Minister must notify the energy Minister. 25
7 Section 31 (Notified prices for customer retail services)
8 Section 43 (Notified prices for customer retail services)
s 54 30 s 55
Energy Assets (Restructuring and Disposal) Bill 2006
54 Registering authority to note transfer 1
(1) The registrar of titles or other person required or authorised by 2
law to register or record transactions affecting assets or 3
liabilities-- 4
(a) may, without formal application, register or record in the 5
appropriate way the transfer of an asset or liability under 6
a transfer notice; and 7
(b) must, on written application by a transferee entity, 8
register or record in the appropriate way the transfer of 9
an asset or liability under a transfer notice to the 10
transferee entity. 11
(2) A transaction, related to an asset or liability transferred to a 12
transferee entity, entered into by the transferee entity in the 13
relevant transferor entity's name or the name of a predecessor 14
in title to the relevant transferor entity, if effected by an 15
instrument otherwise in registrable form, must be registered 16
even though the transferee entity has not been registered as 17
proprietor of the asset or liability. 18
(3) If an asset or liability is registered in the name of a transferor 19
entity, the registrar of titles or other registering authority may 20
register a dealing for a transaction about the asset or liability 21
without being concerned to enquire whether it is, or is not, an 22
asset or liability transferred under a transfer notice. 23
(4) In this section-- 24
transferee entity means the entity to which an asset or liability 25
is transferred under a transfer notice. 26
transferor entity means the entity from which an asset or 27
liability is transferred under a transfer notice. 28
55 Confidentiality agreement with prospective purchasers 29
(1) A prospective purchaser may enter into a confidentiality 30
agreement with the State for the purpose of obtaining access 31
to information in the possession or control of an energy entity. 32
(2) The agreement must state-- 33
(a) the information to which access may be given; and 34
s 56 31 s 56
Energy Assets (Restructuring and Disposal) Bill 2006
(b) the employees or agents of the prospective purchaser to 1
whom the access may be given; and 2
(c) any conditions of the agreement. 3
(3) Information mentioned in subsection (2)(a) may be identified 4
by description including by a stated category. 5
(4) The persons mentioned in subsection (2)(b) may be identified 6
by name or by a stated class. 7
(5) In this section-- 8
(a) a reference to an agreement includes a deed; and 9
(b) a reference to entering into an agreement with the State 10
includes executing a deed in favour of the State. 11
(6) In this section-- 12
agent includes a financier or insurer. 13
prospective purchaser means a person who has expressed to 14
the State an interest in purchasing an energy entity or part or 15
all of a gas or electricity business of an energy entity. 16
56 Disclosure and use of information for the project 17
(1) A person may disclose information in the possession or 18
control of an energy entity, for the purpose of the project, to-- 19
(a) a person involved in the project; or 20
(b) a person to whom the information may be given under a 21
confidentiality agreement; or 22
(c) an energy entity, or employee or agent of an energy 23
entity. 24
(2) An energy entity or its board must comply with a request by 25
the Minister for the disclosure of information under 26
subsection (1) to a person. 27
(3) A person may use information in the possession or control of 28
an energy entity for the purpose of the project. 29
(4) Also, to remove any doubt, it is declared that a person may 30
disclose or use information in compliance with a transfer 31
notice or project direction. 32
s 57 32 s 57
Energy Assets (Restructuring and Disposal) Bill 2006
(5) A person who, acting honestly, discloses or uses information 1
under this section is not liable, civilly, criminally or under an 2
administrative process, for the disclosure or use. 3
(6) In this section-- 4
confidentiality agreement means an agreement mentioned in 5
section 55, whether entered into or executed before or after 6
the commencement of this Act. 7
57 Effect on legal relationships 8
(1) Nothing done under this Act (including a thing done by, or in 9
compliance with, a transfer notice or project direction)-- 10
(a) makes a relevant entity liable for a civil wrong or a 11
contravention of a law or for a breach of a contract or 12
confidence; or 13
(b) makes a relevant entity in breach of any instrument, 14
including an instrument prohibiting, restricting or 15
regulating the assignment, novation or transfer of a right 16
or liability or the disclosure of information; or 17
(c) is taken to fulfil a condition that-- 18
(i) allows a person to terminate an instrument or 19
obligation or modify the operation or effect of an 20
instrument or obligation; or 21
(ii) allows a person to enforce an obligation contained 22
in an instrument or requires a person to perform an 23
obligation contained in an instrument; or 24
(iii) requires any money to be paid before its stated 25
maturity; or 26
(d) releases a surety or other obligee, wholly or partly, from 27
an obligation. 28
(2) If, apart from this subsection, the advice, consent or approval 29
of a person would be necessary to do something under this 30
Act, the advice is taken to have been obtained or the consent 31
or approval is taken to have been given unconditionally. 32
33
Example--
34
A contract entered into by an energy entity provides that the entity
35
agrees not to transfer a particular asset without a particular person's
s 58 33 s 58
Energy Assets (Restructuring and Disposal) Bill 2006
1
consent and that, if the consent is given, it may be subject to particular
2
conditions.
3
If the asset is transferred to another energy entity under a transfer notice,
4
the consent required under the contract is taken to have been given
5
unconditionally.
(3) If, apart from this subsection, giving notice to a person would 6
be necessary to do something under this Act, the notice is 7
taken to have been given. 8
(4) In this section-- 9
relevant entity means-- 10
(a) the State or an employee or agent of the State; or 11
(b) an energy entity or an employee or agent of an energy 12
entity. 13
58 Preservation of rights of seconded employees 14
(1) This section applies if an employee of an energy entity (the 15
employer) is seconded to another energy entity under a 16
transfer notice. 17
(2) The employee is taken to continue to be employed by the 18
employer on the same terms and conditions as applied before 19
the secondment, subject to any subsequent variation of those 20
terms and conditions under any applicable law or contract. 21
(3) The secondment does not-- 22
(a) affect the employee's benefits, entitlements or 23
remuneration; or 24
(b) prejudice the employee's existing or accruing rights to 25
superannuation or recreation, sick, long service or other 26
leave; or 27
(c) interrupt continuity of service; or 28
(d) constitute a retrenchment or redundancy. 29
(4) The secondment continues, even if the other energy entity 30
stops being an energy entity, until the secondment is ended by 31
the employer or the employee's employment with the 32
employer ends. 33
(5) In this section-- 34
s 59 34 s 61
Energy Assets (Restructuring and Disposal) Bill 2006
employee, of an energy entity, does not include a director of 1
the entity. 2
59 Preservation of rights of transferred employees 3
(1) This section applies to the transfer of an employee of an 4
energy entity to another energy entity as part of the project. 5
(2) The transfer does not-- 6
(a) affect the employee's benefits, entitlements or 7
remuneration; or 8
(b) prejudice the employee's existing or accruing rights to 9
superannuation or recreation, sick, long service or other 10
leave; or 11
(c) interrupt continuity of service; or 12
(d) constitute a retrenchment or redundancy; or 13
(e) entitle the employee to a payment or other benefit 14
merely because he or she is no longer employed by the 15
first energy entity. 16
(3) In this section-- 17
employee, of an energy entity, does not include a director of 18
the entity. 19
60 Delegations 20
The Minister may delegate the Minister's functions under this 21
Act, except section 9,9 to the chief executive. 22
61 Evidentiary aids 23
(1) This section applies to a proceeding under this Act. 24
(2) A certificate signed by the Minister stating any of the 25
following matters is conclusive evidence of the matter-- 26
(a) that a stated thing was, or is being, done for the purpose 27
of the project; 28
9 Section 9 (Transfer notice)
s 62 35 s 65
Energy Assets (Restructuring and Disposal) Bill 2006
(b) that a stated person is, or was at a stated time, involved 1
in the project; 2
(c) that a stated company was established for the project; 3
(d) that a stated direction given by the Minister related to 4
the project. 5
(3) A document certified by the Minister to be a copy of a project 6
direction is conclusive evidence of the direction. 7
62 Regulations 8
The Governor in Council may make regulations under this 9
Act. 10
63 Transitional--amendment of regulation 11
The amendment of the Government Owned Corporations 12
Regulation 2004 by this Act does not affect the power of the 13
Governor in Council to further amend the regulation or to 14
repeal it. 15
Part 8 Amendment of other laws 16
Division 1 Amendment of Community 17
Ambulance Cover Act 2003 18
64 Act amended in div 1 19
This division amends the Community Ambulance Cover Act 20
2003. 21
65 Replacement of s 81 (Electricity retailer may engage 22
contractor) 23
Section 81-- 24
omit, insert-- 25
s 65 36 s 65
Energy Assets (Restructuring and Disposal) Bill 2006
`81 Authorised subcontractors to perform electricity 1
retailer's functions 2
`(1) An electricity retailer may enter into a contract with a person 3
(the electricity retailer's authorised subcontractor) under 4
which the person agrees to perform some or all of the 5
electricity retailer's functions under this Act. 6
`(2) An authorised subcontractor of an electricity retailer may 7
enter into a contract with a person (also the electricity 8
retailer's authorised subcontractor) under which the person 9
agrees to perform some or all of the electricity retailer's 10
functions that the authorised subcontractor has agreed to 11
perform under another contract. 12
13
Examples of authorised subcontractors--
14
An electricity retailer enters into a contract with S1 under which S1
15
agrees to perform particular functions of the electricity retailer. S1 is an
16
authorised subcontractor of the electricity retailer.
17
S1 enters into a contract with S2 under which S2 agrees to perform
18
some of the functions that S1 agreed to perform under its contract with
19
the electricity retailer. S2 is also an authorised subcontractor of the
20
electricity retailer.
21
S2 enters into a contract with S3 under which S3 agrees to perform
22
some of the functions of the electricity retailer that S2 agreed to perform
23
under its contract with S1. S3 is also an authorised subcontractor of the
24
electricity retailer.
`(3) An electricity retailer or authorised subcontractor of an 25
electricity retailer must not contract under subsection (1) or 26
(2) without the written approval of the commissioner. 27
`(4) However, a failure to comply with subsection (3) does not 28
affect the validity of the contract or the status of a person as an 29
authorised subcontractor of an electricity retailer. 30
`(5) Despite any contract under subsection (1) or (2), an electricity 31
retailer remains liable for the proper performance of the 32
electricity retailer's functions under this Act. 33
`(6) An obligation or requirement applying to an electricity retailer 34
under this Act also applies to an authorised subcontractor of 35
the electricity retailer to the extent that the obligation or 36
requirement relates to the performance of the electricity 37
retailer's functions that the authorised subcontractor is 38
contracted to perform. 39
s 66 37 s 69
Energy Assets (Restructuring and Disposal) Bill 2006
1
Example--
2
S1 is an authorised subcontractor of an electricity retailer. In the course
3
of performing functions contracted to it under its contract, S1 holds
4
information about the electricity retailer's electricity customers. S1 must
5
comply with a requirement of the commissioner to give the information
6
to the commissioner.'.
Division 2 Amendment of Electricity Act 1994 7
66 Act amended in div 2 8
This division amends the Electricity Act 1994. 9
67 Amendment of s 48 (Retail area of retail entity) 10
Section 48-- 11
insert-- 12
`(2) A retail area may consist of either or both of the following-- 13
(a) 1 or more discrete geographical areas; 14
(b) particular premises. 15
`(3) A retail authority stating a retail area consisting of particular 16
premises may describe the premises in the way the regulator 17
considers appropriate including, for example, the street 18
address or national metering identifier for the premises.'. 19
68 Amendment of s 64C (Contribution fee) 20
Section 64C(3)(a), `Ergon Energy'-- 21
omit, insert-- 22
`Ergon Energy Pty Ltd ACN 078 875 902'. 23
69 Amendment of sch 5 (Dictionary) 24
Schedule 5-- 25
insert-- 26
`national metering identifier means a NMI under the 27
National Electricity Rules.'. 28
s 70 38 s 74
Energy Assets (Restructuring and Disposal) Bill 2006
Division 3 Amendment of Government Owned 1
Corporations Act 1993 2
70 Act amended in div 3 3
This division amends the Government Owned Corporations 4
Act 1993. 5
71 Amendment of s 145 (Application of Corporations Act to 6
officers of company GOC) 7
Section 145(1)(b), after `this Act'-- 8
insert-- 9
`or another Act'. 10
72 Amendment of s 146 (Application of Corporations Act to 11
officers of GOC subsidiaries) 12
Section 146(1)(b), after `this Act'-- 13
insert-- 14
`or another Act'. 15
Division 4 Amendment of Government Owned 16
Corporations Regulation 2004 17
73 Regulation amended in div 4 18
This division amends the Government Owned Corporations 19
Regulation 2004. 20
74 Omission of pts 5 and 6 21
Parts 5 and 6-- 22
omit. 23
s 75 39 s 75
Energy Assets (Restructuring and Disposal) Bill 2006
75 Omission of schs 3 and 4 1
Schedules 3 and 4-- 2
omit. 3
40
Energy Assets (Restructuring and Disposal) Bill 2006
Schedule Dictionary 1
section 4 2
acquiring entity, for part 5, see section 32. 3
agent, of an entity, includes a person engaged by the entity. 4
asset includes a right. 5
authority-- 6
(a) for part 4--see section 12; or 7
(b) for part 5--see section 32. 8
disposal includes divestment. 9
Electricity Act see section 32. 10
employee includes officer. 11
Energex means Energex Limited ACN 078 849 055. 12
energy entity see section 5. 13
energy Minister means the Minister administering the 14
Electricity Act or the Gas Act. 15
Ergon means Ergon Energy Corporation Limited ACN 087 16
646 062. 17
Ergon Energy means Ergon Energy Pty Ltd ACN 078 875 18
902 as a former energy entity. 19
former energy entity means an entity that is no longer an 20
energy entity. 21
FRC day means the day prescribed under section 51. 22
Gas Act see section 12. 23
government company means a corporation incorporated 24
under the Corporations Act all the stock or shares in the 25
capital of which is or are beneficially owned by the State. 26
information includes a document. 27
instrument includes an oral agreement. 28
market customer, for part 5, see section 32. 29
41
Energy Assets (Restructuring and Disposal) Bill 2006
Schedule (continued)
non-market customer, for part 5, see section 32. 1
officer includes a director. 2
person involved in the project means an employee or agent of 3
the State who is involved in carrying out the project in the 4
course of the employment or agency. 5
premises, for part 5, see section 32. 6
prescribed entity, for part 5, see section 32. 7
project see section 6. 8
project direction see section 11(1). 9
record includes any document. 10
right includes power, privilege and immunity. 11
sale entity see section 32. 12
Sun Retail, for part 5, see section 32. 13
transfer notice see section 9(1). 14
ultimate holding company see the Corporations Act, section 15
9. 16
© State of Queensland 2006
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