ELECTRICITY AMENDMENT BILL 1993

Queensland Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

ELECTRICITY AMENDMENT BILL 1993

Queensland ELECTRICITY AMENDMENT BILL 1993

Queensland ELECTRICITY AMENDMENT BILL 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Omission of ss.4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of s.6 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Insertion of new ss.6A and 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6A Meaning of electrical installation . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6B Meaning of voltage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 Replacement of s.7 (Crown bound in certain respects) . . . . . . . . . . . . . . . . 13 7 Extent to which Crown is bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8 Amendment of s.9 (The Commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9 Insertion of new ss.9A9D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9A Commission represents the Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9B Commission land is rateable land . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9C Contracts entered into by the Commission . . . . . . . . . . . . . . . . . . . . 14 9D Courts to take judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10 Omission of s.12 (Continuance in office of certain persons) . . . . . . . . . . . . 15 11. Amendment of s.13 (Appointment of Commissioner) . . . . . . . . . . . . . . . . . . 15 12 Amendment of s.14 (Appointment of Deputy Commissioner) . . . . . . . . . . . 16 13 Amendment of s.15 (Appointment of secretary) . . . . . . . . . . . . . . . . . . . . . . 16 14 Replacement of s.17 (Public Service Act not applicable to Commissioner, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Application of Public Service Management and Employment Act to officers and employees . . . . . . . . . . . . . . . . . . . 16

2 Electricity Amendment 15 Amendment of s.18 (Vacation of office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16 Replacement of ss.19 and 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 19 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 20 Appointment of Commission's employees . . . . . . . . . . . . . . . . . . . . . 17 17 Amendment of s.21 (Electrical inspectors) . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Replacement of Division heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 Replacement of ss.2832 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28 Funds administered by the Commission . . . . . . . . . . . . . . . . . . . . . . 18 29 Departmental accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 30 Financial statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 Amendment of s.36F (Commission an Electricity Authority in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 21 Replacement of s.39 (Payment of commission, fees) . . . . . . . . . . . . . . . . . 20 39 Payment of commission and fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Amendment of s.41F (Authorization of Electricity Boards to enter into financial arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 23 Amendment of s.42 (Provision of moneys by the Commission) . . . . . . . . . 20 24 Amendment of s.43 (Reimbursement to the Commission of interest and instalments towards the repayment of principal) . . . . . . . . . . . 21 25 Amendment of s.44 (Expenses of raising loans) . . . . . . . . . . . . . . . . . . . . . . 21 26 Amendment of s.45 (Expenses of loan management) . . . . . . . . . . . . . . . . . . 21 27 Amendment of s.45A (Investment powers of the Commission) . . . . . . . . . . 21 28 Omission of Part 2, Division 6 (Loan Sinking Funds) . . . . . . . . . . . . . . . . . 21 29 Replacement of s.71 (Commission to ensure adequacy of price) . . . . . . . . 22 71 Determination of price of electricity supplied to Electricity Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 71A Determination of price of electricity supplied by Electricity Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 30 Replacement of ss.73 and 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 73 Provision for capital works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 74 Electricity tariffs to be similar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 31 Amendment of s.103 (First Electricity Boards) . . . . . . . . . . . . . . . . . . . . . . . 24 32 Replacement of s.105 (Membership of Electricity Boards) . . . . . . . . . . . . . 24 105 Membership of Electricity Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

3 Electricity Amendment 33 Amendment of s.110 (Chairman and deputy chairman) . . . . . . . . . . . . . . . . 25 34 Replacement of ss.119121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 119 Removal of members of Electricity Board . . . . . . . . . . . . . . . . . . . . 25 120 Disclosure of interests by member of Electricity Board . . . . . . . . . . 26 120A Voting by interested member of Electricity Board . . . . . . . . . . . . . . 26 121 Insurance of members of an Electricity Board . . . . . . . . . . . . . . . . . 27 35 Amendment of s.123 (Appointment of General Manager) . . . . . . . . . . . . . . 28 36 Amendment of s.128 (Appointment of other staff) . . . . . . . . . . . . . . . . . . . . 28 37 Amendment of s.129 (Powers, functions and duties of an Electricity Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 38 Replacement of s.130 (Delegation by Electricity Board) . . . . . . . . . . . . . . 30 130 Delegation by Electricity Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 39 Amendment of s.134 (Determination by Governor in Council on failure of Authorities to agree) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 40 Amendment of s.137A (Registration entries with respect to land vested) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 41 Amendment of s.137B (Transfer of part of undertaking to or from Commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 42 Amendment of s.170 (Consumer's generating plant for emergency supply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 43 Amendment of s.173 (Substations on consumers' premises) . . . . . . . . . . . . 32 44 Amendment of s.174 (Lighting on a road) . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 45 Amendment of s.216 (Placing, altering or removing electric lines on roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 46 Amendment of s.217 (Restricted roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 47 Amendment of s.218 (Going upon roads for purposes of repairs and maintenance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 48 Amendment of s.219 (Duty of Electricity Authority upon breaking up, etc., of road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 49 Amendment of s.222 (Matters affecting Government railways) . . . . . . . . . 33 50 Amendment of s.223 (Breaking up other railways or tramways) . . . . . . . . . 34 51 Amendment of s.225 (Disputes with other Authorities) . . . . . . . . . . . . . . . . 34 52 Replacement of Part 6, Divisions 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 1--Trust and bank accounts 227 Trust account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

4 Electricity Amendment 228 Bank accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 2--Accounts and financial statements 229 Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 230 Financial statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 53 Amendment of s.238 (Annual budget to be prepared and submitted to the Commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 54 Replacement of ss.243 and 244 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 243 Budgets to be observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 244 Liability of members of Electricity Boards for unauthorised spending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 55 Replacement of Part 6, Division 5 (Reserve Funds) . . . . . . . . . . . . . . . . . . 38 Division 5--Reserves 248 Reserves of Electricity Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 249 Common reserves of Commission and Electricity Boards . . . . . . . . 39 56 Amendment of s.251 (Contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 57 Amendment of s.252 (Approval of the Governor in Council for some contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 58 Replacement of s.262 (Electrical articles may be prescribed) . . . . . . . . . . 40 262 Prescribed electrical articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 59 Amendment of s.268C (Keeping of registers) . . . . . . . . . . . . . . . . . . . . . . . . 41 60 Amendment of s.277 (Commission may adopt standards) . . . . . . . . . . . . . . 41 61 Replacement of s.278 (Terms relevant to reciprocity within Australia) . . . 42 278 Terms relevant to reciprocity within Australia . . . . . . . . . . . . . . . . . 42 62 Amendment of s.284E (Testing of domestic appliances) . . . . . . . . . . . . . . . 43 63 Insertion of new ss.284EA and 284EB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 284EAWhat happens if test shows label is incorrect . . . . . . . . . . . . . . . . . . 43 284EBWhat happens if test shows label is correct . . . . . . . . . . . . . . . . . . . 44 64 Amendment of s.284F (Labelling of domestic appliances) . . . . . . . . . . . . . 44 65 Amendment of s.295 (Exceptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 66 Amendment of s.299 (Governor in Council may declare private plant subject to Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 67 Amendment of s.300 (The Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 68 Amendment of s.301 (Members of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 69 Replacement of s.304 (Acting chairman) . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

5 Electricity Amendment 304 Acting chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 304A Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 70 Amendment of s.310 (Functions of Board) . . . . . . . . . . . . . . . . . . . . . . . . . . 46 71 Omission of s.311 (Powers of investigation, inquiry, etc.) . . . . . . . . . . . . . . 46 72 Amendment of s.313 (Employees for purposes of the Board) . . . . . . . . . . . 46 73 Replacement of ss.314 and 315 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 314 Duties of secretary to the Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 74 Replacement of s.316 (Delegation by Board) . . . . . . . . . . . . . . . . . . . . . . . . 47 316 Delegation by Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 75 Replacement of ss.317 and 318 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 317 Revenue of the Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 318 Costs of administration of the Board . . . . . . . . . . . . . . . . . . . . . . . . . 48 76 Replacement of ss.319322 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 319 Classes of certificates of competency . . . . . . . . . . . . . . . . . . . . . . . . 48 320 Restricted certificate of competency . . . . . . . . . . . . . . . . . . . . . . . . . 49 321 Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 322 Electrical work to be done by certificate holders or permit holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 77 Amendment of s.323 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 78 Replacement of s.323A (Electrical work by holder of an external authorization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 323A Electrical work by holder of an external authorisation . . . . . . . . . . . 51 79 Amendment of s.324 (Applications for certificates of competency) . . . . . . 52 80 Replacement of ss.325 and 326 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 325 Electrical fitter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 326 Electrical mechanic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 326A Engineering tradesperson (electrical) . . . . . . . . . . . . . . . . . . . . . . . . 55 81 Amendment of s.327 (Electrical jointer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 82 Amendment of s.328 (Electrical linesman) . . . . . . . . . . . . . . . . . . . . . . . . . . 56 83 Amendment of s.330 (Examinations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 84 Amendment of s.331 (Scope of examinations) . . . . . . . . . . . . . . . . . . . . . . . 56 85 Insertion of new ss.334A334C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 334A Term of certificate of competency . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

6 Electricity Amendment 334B Renewal of certificate of competency . . . . . . . . . . . . . . . . . . . . . . . . 57 334C Board may seek explanation from the holder of a certificate of competency or permit . . . . . . . . . . . . . . . . . . . . . . . . . . 57 86 Replacement of s.335 (Cancellation or suspension of certificate or permit by Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 335 Cancellation or suspension of certificate or permit by Board . . . . . 57 87 Replacement of s.337 (Electrical contractors' licences) . . . . . . . . . . . . . . . 59 337 Electrical contractors' licences--individuals . . . . . . . . . . . . . . . . . . 59 337A Electrical contractors' licences--partnerships . . . . . . . . . . . . . . . . . 60 337B Electrical contractors' licences--corporations . . . . . . . . . . . . . . . . . 61 337C Electrical contractors' licences--restricted . . . . . . . . . . . . . . . . . . . . 62 337D Who may sign documents in relation to electrical work etc. . . . . . . 63 337E Board may require person to rectify defective work . . . . . . . . . . . . . 63 88 Replacement of ss.339 and 340 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 339 Term of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 339A Renewal of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 339B Reinstatement of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 339C Surrender of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 339D Board may seek explanation from the holder of an electrical contractor's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 340 Cancellation or suspension of electrical contractor's licence . . . . . 66 89 Amendment of s.343 (Appeal to industrial magistrate) . . . . . . . . . . . . . . . . 69 90 Amendment of s.346 (Employment in electricity supply industry defined) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 91 Replacement of s.352 (Overtime payments) . . . . . . . . . . . . . . . . . . . . . . . . . 69 352 Overtime payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 92 Amendment of s.362 (Proceedings of the Superannuation Board) . . . . . . . 70 93 Replacement of s.364A (Disqualification of member of Superannuation Board from voting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 364A Disclosure of interests by member of Superannuation Board . . . . . . 70 364B Voting by interested member of Superannuation Board . . . . . . . . . . 70 94 Replacement of s.367 (Insurance of members of the Board) . . . . . . . . . . . . 71 367 Insurance of members of the Superannuation Board . . . . . . . . . . . . . 71 95 Replacement of s.368B (Delegation by Board) . . . . . . . . . . . . . . . . . . . . . . 72

7 Electricity Amendment 368B Delegation by Superannuation Board . . . . . . . . . . . . . . . . . . . . . . . . . 72 96 Amendment of s.371 (The Articles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 97 Amendment of s.374 (Accounts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 98 Omission of s.381 (Commencement of the Scheme) . . . . . . . . . . . . . . . . . . 73 99 Amendment of s.381B (Rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 100 Amendment of s.381D (Superannuation Board to administer Accumulations Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 101 Omission of s.381E (Commencement of the Accumulations Fund) . . . . . . 74 102 Amendment of s.399 (Offences relating to consumers' generating plants for emergency supply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 103 Replacement of s.407 (Sale of prescribed electrical article when not registered or approved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 104 Amendment of s.414 (Use of unlicensed private plant to which Act declared to apply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 105 Replacement of s.416 (Uncertificated person performing electrical work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 106 Amendment of s.423 (Appropriation of penalties) . . . . . . . . . . . . . . . . . . . . 75 107 Amendment of s.428 (Facilitation of proof) . . . . . . . . . . . . . . . . . . . . . . . . . 75 108 Amendment of s.434 (Annual report of Commission) . . . . . . . . . . . . . . . . . . 76 109 Replacement of s.435 (Annual reports of Authorities) . . . . . . . . . . . . . . . . . 76 435 Annual report of Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 110 Replacement of s.437 (Unclaimed moneys on account of a consumer) . . . 77 437 Unclaimed amounts held on account of consumers . . . . . . . . . . . . . 77 111 Amendment of s.438 (Other unclaimed moneys) . . . . . . . . . . . . . . . . . . . . . 78 112 Replacement of s.439 (Person entitled to moneys) . . . . . . . . . . . . . . . . . . . 78 439 Persons entitled to amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 113 Omission of s.440 (Adoption of standards) . . . . . . . . . . . . . . . . . . . . . . . . . . 78 114 Amendment of s.441 (Audit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 115 Replacement of Part heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 PART 16--STATUTORY INSTRUMENTS 116 Omission of Division heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 117 Replacement of s.444 (Uniform practice manuals) . . . . . . . . . . . . . . . . . . . 79 444 Uniform practice manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 118 Amendment of s.445 (Rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

8 Electricity Amendment 119 Insertion of new s.446 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 446 Instruments that are subordinate legislation . . . . . . . . . . . . . . . . . . . 81 120 Omission of Part 16, Division 2 (Publication of Instruments) . . . . . . . . . . . 81 121 Insertion of new Part 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 PART 17--SAVINGS AND TRANSITIONAL Division 1--Interpretation 447 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Division 2--Agreements 448 Interconnection agreements made before Act's commencement . . 82 449 Agreements with Tweed Shire Council . . . . . . . . . . . . . . . . . . . . . . . 82 450 Agreements with Council of the Shire of Tenterfield . . . . . . . . . . . . 83 Division 3--Electricity supply to Tenterfield and Tweed Shires 451 Electricity supply to Tenterfield and Tweed Shires . . . . . . . . . . . . . 83 Division 4--Employees' rights 452 Employees' rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 453 Superannuation and provident funds . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 5--Vesting of Generating Board's property in Commission 454 Vesting of property etc. of Generating Board in Commission . . . . . 85 Division 6--Updated references 455 References to Commission, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 456 References to new Acts to include references to repealed Acts . . . 87 Division 7--Saving of statutory instruments, certificates and licences 457 Existing statutory instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 458 Existing certificates of competency continue until expiry . . . . . . . . 88 459 Existing licences continue until expiry . . . . . . . . . . . . . . . . . . . . . . . 88 Division 8--Transfer of funds 460 Funds held in Electricity Fund and Electricity Works Fund . . . . . . 88 461 Funds held in Trust Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 122 Omission of Schedule 2 (Preliminary powers and vesting and further transitional provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 123 Amendment of Schedule 5 (Existing superannuation and provident funds and rights of contributors thereto) . . . . . . . . . . . . . . . . . . . . 89 124 Repeal of amending Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

1993 A BILL FOR An Act to amend the Electricity Act 1976, and for other purposes

10 Electricity Amendment BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1 the advice and consent of the Legislative Assembly of Queensland in 2 Parliament assembled, and by the authority of the same, as follows. 3 title 4 Short Clause1. This Act may be cited as the Electricity Amendment Act 1993. 5 6 Commencement Sections 15, 18, 19, 22 to 30, 52 to 55, 75, 97, 106(2), 108 to 7 Clause2.(1) 112 and 114 are taken to have commenced on 1 July 1992. 8 (2) Sections 5(2), 76, 80, 81, 82(2), 84 to 89, 105 and 107(9) commence 9 on a day to be fixed by proclamation. 10 Act 11 Amended The Electricity Act 1976 is amended as set out in this Act. 12 Clause3. mission of ss.4 and 5 13 O Sections 4 and 5-- 14 Clause4. omit. 15 of s.6 (Interpretation) 16 Amendment Section 6 (definitions "the Commissioner", "the Deputy 17 Clause5.(1) Commissioner", "document", "electrical installation", "electrical 18 worker", "external authorization", "improver", "industrial inspector", 19 "Local Authority" and "voltage")-- 20 omit. 21 (2) Section 6 (definition "electrical linesman")-- 22 omit. 23 (3) Section 6-- 24 insert-- 25

11 Electricity Amendment ` "Commissioner" means the Electricity Commissioner; 1 "Deputy Commissioner" means the Deputy Electricity Commissioner; 2 "electrical installation" has the meaning given by section 6A; 3 "electrical linesperson" means a person who supervises or performs-- 4 (a) electrical work in the construction or maintenance of-- 5 (i) overhead electric lines; or 6 (ii) street lighting connected to overhead or underground 7 circuits; or 8 (b) tests to ensure that overhead electric lines are correctly connected; 9 "electrical worker" means-- 10 (a) an electrical fitter; or 11 (b) an electrical jointer; or 12 (c) an electrical linesperson; or 13 (d) an electrical mechanic; or 14 (e) an engineering tradesperson (electrical); or 15 (f) another person performing electrical work under this Act that is 16 performed by a person mentioned in paragraph (a) to (e); 17 "engineering tradesperson (electrical)" means a person who supervises 18 or performs electrical work of an electrical fitter or electrical mechanic; 19 "external authorisation" means a current licence, permit, certificate or 20 other authority-- 21 (a) issued under a law of the Commonwealth, another State, a 22 Territory or New Zealand; and 23 (b) that authorises the holder to perform electrical work that an 24 electrical fitter, electrical jointer, electrical linesperson, electrical 25 mechanic or engineering tradesperson (electrical) is authorised to 26 perform; 27 "Financial Management Practice Manual" means the Financial 28 Management Practice Manual issued by the Commission under the 29 Financial Administration and Audit Act 1977; 30

12 Electricity Amendment "high voltage" means a voltage of more than 1 000 volts; 1 "industrial inspector" has the meaning given by section 2.1(1) of the 2 Industrial Relations Act 1990; 3 "low voltage" means a voltage of not more than 1 000 volts; 4 "roads authority executive" means the chief executive of the department 5 that deals with matters arising under the Transport Infrastructure 6 (Roads) Act 1991; 7 "Standards Australia" means the organisation that operates formally as 8 the Standards Association of Australia; 9 "training department" means the department that deals with matters in 10 relation to employment, vocational education and training; 11 "voltage" has the meaning given by section 6B;'. 12 of new ss.6A and 6B 13 Insertion Clause6. After section 6-- 14 insert-- 15 of electrical installation 16 `Meaning `6A.(1) An "electrical installation" is an electric line or electrical article 17 that-- 18 (a) is installed in, on or over premises; and 19 (b) is used, or intended to be used, for a purpose related to the 20 conveyance, control or use of electricity supplied, or intended to 21 be supplied, by-- 22 (i) an Electricity Authority; or 23 (ii) the holder of a licence under this Act to supply electricity; or 24 (iii) an owner or occupier of a private plant. 25 `(2) Subsection (1) applies to the electric line or electrical article whether 26 or not the electricity is supplied, or intended to be supplied, by the person 27 contracting or undertaking to install the line or article. 28 `(3) An "electrical installation" includes an addition or alteration to the 29 electric line or electric article. 30

13 Electricity Amendment `(4) An "electrical installation" does not include-- 1 (a) an electric line of-- 2 (i) an Electricity Authority; or 3 (ii) the holder of a licence to supply electricity; or 4 (b) works of-- 5 (i) an Electricity Authority; or 6 (ii) the holder of a licence to supply electricity; 7 that are used for the generation, transmission and distribution of 8 electricity; or 9 (c) electric lines and works constructed and used by Queensland 10 Railways as part of a system of electric traction or for signalling 11 purposes on a railway. 12 of voltage 13 `Meaning `6B.(1) "Voltage" is the difference in electrical potential measured in 14 volts. 15 `(2) In the case of alternating current systems, the "voltage" is taken to 16 be the root mean square (R.M.S.) value of the difference. 17 `(3) Unless otherwise provided, a reference to "voltage" is a reference to 18 the nominal voltage between phases of a symmetrical 3 phase system. 19 `(4) If electricity is provided from a single wire earth return system 20 originating from a symmetrical 3 phase system, "voltage" is the nominal 21 voltage between phase and earth.'. 22 of s.7 (Crown bound in certain respects) 23 Replacement Section 7-- 24 Clause7. omit, insert-- 25 to which Crown is bound 26 `Extent `7.(1) This Act binds the Crown in right of the State and, so far as the 27 legislative power of the Parliament permits, the Crown in all its other 28 capacities only-- 29

14 Electricity Amendment (a) to the extent that the Crown is a consumer; and 1 (b) in relation to matters relating to safety; and 2 (c) in relation to another matter--if a provision of this Act expressly 3 provides that the Crown is to be bound. 4 `(2) Queensland Railways is not bound by this Act in relation to any 5 matter relating to electric lines and works mentioned in section 6A(4)(c).'. 6 of s.9 (The Commission) 7 Amendment Clause8. Section 9(3) to (6)-- 8 omit. 9 of new ss.9A9D 10 Insertion Clause9. After section 9-- 11 insert-- 12 represents the Crown 13 `Commission `9A. The Commission represents the Crown and has all the powers, 14 privileges, rights and remedies of the Crown. 15 land is rateable land 16 `Commission `9B. Despite section 9A, land that is vested in, or under the management 17 of, the Commission is rateable land for the purposes of the Local 18 Government Act 1936 and City of Brisbane Act 1924. 19 entered into by the Commission 20 `Contracts `9C.(1) The Commission may enter into a contract only in accordance 21 with this section. 22 `(2) If the contract is a contract that, if made between private persons, 23 would by law be required to be in writing and under seal, the contract must 24 be in writing and under the seal of the Commission. 25 `(3) If the contract is a contract that, if made between private persons, 26

15 Electricity Amendment would by law be required to be in writing and signed by the parties, the 1 contract must be in writing and signed by the Commissioner. 2 `(4) If the contract is a contract that, if made between private persons, 3 would by law be valid if made orally, the contract may be made orally by 4 the Commissioner. 5 `(5) A contract entered into in accordance with this section may be varied 6 or discharged in the way that it is authorised to be made. 7 to take judicial notice 8 `Courts `9D.(1) Judicial notice must be taken of-- 9 (a) the appointment and signature of the Commissioner; and 10 (b) the appointment and signature of the Deputy Commissioner; and 11 (c) the appointment and signature of the secretary to the 12 Commission; and 13 (d) the seal of the Commission affixed to a document. 14 `(2) The signature of a person mentioned in subsection (1) on a 15 document, or the seal affixed to a document, is taken to have been properly 16 made, or affixed, in the absence of evidence to the contrary.'. 17 of s.12 (Continuance in office of certain persons) 18 Omission Section 12-- 19 Clause10. omit. 20 of s.13 (Appointment of Commissioner) 21 Amendment Section 13(1)-- 22 Clause11.(1) omit, insert-- 23 `13.(1) There is to be an Electricity Commissioner. 24 `(1A) The Electricity Commissioner is to be appointed by the Governor 25 in Council.'. 26

16 Electricity Amendment (2) Section 13(3)-- 1 omit. 2 of s.14 (Appointment of Deputy Commissioner) 3 Amendment Section 14(1)-- 4 Clause12.(1) omit, insert-- 5 `14.(1) There is to be a Deputy Electricity Commissioner. 6 `(2) The Deputy Electricity Commissioner is to be appointed by the 7 Governor in Council.'. 8 (2) Section 14(3A)-- 9 omit. 10 of s.15 (Appointment of secretary) 11 Amendment Section 15(1)-- 12 Clause13. omit, insert-- 13 `15.(1) The Governor in Council may appoint a person to be secretary to 14 the Commission.'. 15 of s.17 (Public Service Act not applicable to 16 Replacement Commissioner, etc.) 17 Section 17-- 18 Clause14. omit, insert-- 19 of Public Service Management and Employment Act to 20 `Application officers and employees 21 `17. The Public Service Management and Employment Act 1988 does 22 not apply to-- 23 (a) the Commissioner; or 24 (b) the Deputy Commissioner; or 25

17 Electricity Amendment (c) the secretary to the Commission; or 1 (d) an officer or employee of the Commission.'. 2 of s.18 (Vacation of office) 3 Amendment Section 18(2)-- 4 Clause15. omit `into the Electricity Fund' (twice occurring), 5 insert `to the Commission'. 6 of ss.19 and 20 7 Replacement Sections 19 and 20-- 8 Clause16. omit, insert-- 9 10 `Delegations `19. The Commissioner may delegate the Commissioner's powers under 11 this Act to-- 12 (a) the Deputy Commissioner; or 13 (b) the secretary to the Commission; or 14 (c) an officer or employee of the Commission. 15 of Commission's employees 16 `Appointment `20.(1) In this section-- 17 "employee" includes an electrical inspector appointed under section 21, but 18 does not include the Commissioner, Deputy Commissioner or 19 secretary to the Commission. 20 `(2) The Commission may appoint the number of employees of the 21 Commission that are necessary for the efficient administration of this Act. 22 `(3) An employee is to be paid-- 23 (a) the remuneration to which the employee is entitled under the 24 relevant industrial award or industrial agreement; or 25 (b) if there is no relevant industrial award or industrial 26

18 Electricity Amendment agreement--the remuneration determined by the Commission 1 and approved by the Governor in Council. 2 `(4) The Governor in Council may-- 3 (a) approve conditions relating to the employment of employees; and 4 (b) authorise the Commission to enter into a contractual arrangement 5 with an employee or class of employees that is necessary or 6 desirable to give effect to the conditions. 7 `(5) A condition-- 8 (a) may apply to an employee or a class of employees; and 9 (b) must not be inconsistent with a relevant industrial award or 10 industrial agreement.'. 11 of s.21 (Electrical inspectors) 12 Amendment Section 21(1)-- 13 Clause17.(1) omit. 14 (2) Section 21(6)-- 15 omit `conclusive'. 16 of Division heading 17 Replacement Clause18. Part 2, Division 2 (heading)-- 18 omit, insert-- 19 `Division 2--Funds, departmental accounts and financial statements'. 20 of ss.2832 21 Replacement Sections 28 to 32-- 22 Clause19. omit, insert-- 23 administered by the Commission 24 `Funds `28. The Commission is to administer any fund that-- 25 (a) is a fund of the Trust and Special Funds established under the 26

19 Electricity Amendment Financial Administration and Audit Act 1977; and 1 (b) the Commission is directed by the Treasurer to administer. 2 accounts 3 `Departmental `29. The Commission must keep the departmental accounts that it is 4 required to keep under the Financial Administration and Audit Act 1977. 5 statements 6 `Financial `30.(1) The statements the Commission must give to the 7 Auditor-General under section 40 of the Financial Administration and 8 Audit Act 1977 must include the consolidated general purpose financial 9 statements for the Queensland electricity supply industry. 10 `(2) For the purposes of subsection (1), the Queensland electricity supply 11 industry comprises-- 12 (a) the Commission; and 13 (b) each Electricity Board constituted under this Act.'. 14 of s.36F (Commission an Electricity Authority in certain 15 Amendment circumstances) 16 Section 36F(1)(a)(v)-- 17 Clause20.(1) omit `uniform practice manual compiled and published pursuant to 18 paragraphs (a) and (b)(i) of subsection (1) of section 444', insert `approved 19 uniform practice manual prepared under section 444(1)(a) or (b)(i)'. 20 (2) Section 36F(1)(b)(vi)-- 21 omit `uniform practice manual compiled and published pursuant to 22 paragraph (b)(ii) of subsection (1) of section 444', 23 insert `approved uniform practice manual prepared under 24 section 444(1)(b)(ii)'. 25 (3) Section 36F(1)(c)(ii)(C)-- 26

20 Electricity Amendment omit `uniform practice manual compiled and published pursuant to this 1 Act', 2 insert `approved uniform practice manual prepared under section 444'. 3 of s.39 (Payment of commission, fees) 4 Replacement Section 39-- 5 Clause21. omit, insert-- 6 of commission and fees 7 `Payment `39.(1) The Commission may, with the approval of the Treasurer, pay an 8 amount by way of commission or fees in relation to the making of financial 9 arrangements authorised by the Governor in Council. 10 `(2) The approval may be given on terms, and subject to conditions, that 11 the Treasurer considers appropriate.'. 12 of s.41F (Authorization of Electricity Boards to enter into 13 Amendment financial arrangements) 14 Section 41F(4)-- 15 Clause22.(1) omit `appropriated from any fund', 16 insert `expended from an account belonging to the Electricity Board'. 17 (2) Section 41F(4)-- 18 omit `into the fund', insert `into the account'. 19 of s.42 (Provision of moneys by the Commission) 20 Amendment Section 42(2)-- 21 Clause23. omit, insert-- 22 `(2) The Commission may-- 23 (a) provide moneys to be used by an Electricity Authority for 24 expenditure of a capital nature only with the approval of the 25 Treasurer; or 26 (b) provide moneys for another purpose only with the approval of the 27

21 Electricity Amendment Governor in Council. 1 `(3) Subsection (2) does not apply to the provision of moneys that the 2 Commission is required or authorised by law to provide.'. 3 of s.43 (Reimbursement to the Commission of interest 4 Amendment and instalments towards the repayment of principal) 5 Clause24.(1) Section 43(1)(c) and (e)-- 6 omit. 7 (2) Section 43(1)(f)-- 8 omit `another fund', insert `a fund'. 9 (3) Section 43(2), (3) and (6)-- 10 omit. 11 of s.44 (Expenses of raising loans) 12 Amendment Section 44(2)-- 13 Clause25. omit `by the Electricity Fund and any other fund', insert `by any fund'. 14 of s.45 (Expenses of loan management) 15 Amendment Section 45(2)-- 16 Clause26. omit `by the Electricity Fund and any other fund', insert `by any fund'. 17 of s.45A (Investment powers of the Commission) 18 Amendment Section 45A(1)(b)-- 19 Clause27. omit, insert-- 20 `(b) moneys standing to the credit of a departmental bank account kept 21 by the Commission;'. 22

22 Electricity Amendment of Part 2, Division 6 (Loan Sinking Funds) 1 Omission Part 2, Division 6-- 2 Clause28. omit. 3 of s.71 (Commission to ensure adequacy of price) 4 Replacement Section 71-- 5 Clause29. omit, insert-- 6 of price of electricity supplied to Electricity Authority 7 `Determination `71.(1) The Commission may determine the price to be charged for 8 electricity supplied in bulk to an Electricity Authority. 9 `(2) The Commission must ensure, as far as possible, that the price is 10 sufficient-- 11 (a) to meet the expenses of the Commission-- 12 (i) in the operation, maintenance and management of its 13 generation and transmission undertaking; and 14 (ii) in the exercise and performance of the Commission's 15 powers and functions; and 16 (b) to enable the Commission to make provision for capital works in 17 an amount determined by the Commission; and 18 (c) to enable the Commission to make a contribution to a reserve 19 authorised by this Act. 20 `(3) In determining the price, the Commission must-- 21 (a) take into account all of its revenue; and 22 (b) for the purpose of complying with subsection (2)--have regard to 23 a period of not more than 3 years. 24 of price of electricity supplied by Electricity 25 `Determination Authorities 26 `71A.(1) The Commission may determine the price to be charged for 27 electricity supplied to consumers (including electricity supplied for lighting 28 on a road) by an Electricity Authority. 29

23 Electricity Amendment `(2) The Commission must ensure, as far as possible, that the price is 1 sufficient-- 2 (a) to meet the expenses of the Electricity Authority in the exercise 3 and performance of the Authority's powers and functions; and 4 (b) to meet the provisions and monetary contributions of the 5 Electricity Authority under this Division; and 6 (c) to enable the Electricity Authority to make a contribution to a 7 reserve authorised by this Act; and 8 (d) to meet any other expense that the Electricity Authority is 9 authorised to incur. 10 `(3) In determining the price, the Commission must-- 11 (a) take into account all of the revenue of the Electricity Authority; 12 and 13 (b) for the purpose of complying with subsection (2)--have regard to 14 a period of not more than 3 years.'. 15 of ss.73 and 74 16 Replacement Sections 73 and 74-- 17 Clause30. omit, insert-- 18 for capital works 19 `Provision `73.(1) The Commission may require an Electricity Authority to provide 20 in a financial year an amount fixed by the Commission for any of the 21 following purposes-- 22 (a) capital works; 23 (b) reserve for capital works; 24 (c) repayment of a loan (whether in whole or part); 25 (d) payment to another Electricity Authority for spending on capital 26 works. 27 `(2) The Commission may require an Electricity Authority to apply an 28 amount provided for under subsection (1)(d). 29 `(3) The amount is to be applied on any conditions determined by the 30

24 Electricity Amendment Governor in Council. 1 `(4) If-- 2 (a) a condition requires an Electricity Authority to repay an amount 3 to another Electricity Authority (whether or not with interest) by 4 instalments; and 5 (b) the Electricity Authority defaults in the payment of an instalment; 6 the amount applied may be recovered by the other Authority as a debt due 7 to it by the first Authority. 8 tariffs to be similar 9 `Electricity `74. The Minister may fix amounts to be provided-- 10 (a) by the Commission to an Electricity Board; or 11 (b) by an Electricity Board to the Commission or another Electricity 12 Board; 13 to be applied to ensure that all Electricity Boards are able to charge the same 14 or substantially the same tariffs.'. 15 of s.103 (First Electricity Boards) 16 Amendment Section 103(3)-- 17 Clause31. omit. 18 of s.105 (Membership of Electricity Boards) 19 Replacement Section 105-- 20 Clause32. omit, insert-- 21 of Electricity Boards 22 `Membership `105.(1) An Electricity Board consists of-- 23 (a) the Commissioner; and 24 (b) 2 members selected from a panel of 5 persons nominated by the 25 local authorities whose areas, or part of whose areas, are in the 26 area of the Electricity Board; and 27

25 Electricity Amendment (c) 2 other members. 1 `(2) A member mentioned in subsection (1)(b) or (c)-- 2 (a) must reside in the area of the Electricity Board; and 3 (b) is to be appointed by the Governor in Council. 4 `(3) A person may not be appointed as a member of an Electricity Board 5 if the person is an employee of-- 6 (a) the Commission; or 7 (b) an Electricity Board. 8 `(4) An appointed member's appointment is for the term (not longer than 9 3 years and 6 months) specified in the member's instrument of 10 appointment.'. 11 of s.110 (Chairman and deputy chairman) 12 Amendment Clause33.(1) Section 110(3) and (4)-- 13 omit. 14 (2) Section 110(8)-- 15 omit `thereat'. 16 (3) Section 110(9)-- 17 omit `therefrom'. 18 of ss.119121 19 Replacement Sections 119 to 121-- 20 Clause34. omit, insert-- 21 of members of Electricity Board 22 `Removal `119.(1) The Governor in Council may remove all the appointed 23 members of an Electricity Board at any time for reasonable cause. 24 `(2) On removal-- 25 (a) the appointed members of the Board go out of office; and 26 (b) the Commissioner-- 27

26 Electricity Amendment (i) may exercise the powers and perform the functions of the 1 Board; and 2 (ii) is taken to constitute the Board and to be the chairperson of 3 the Board; 4 until new members of the Board are appointed under section 105. 5 `(3) An appointed member of the Board who is removed under 6 subsection (1) is not eligible for reappointment unless the Governor in 7 Council determines otherwise. 8 of interests by member of Electricity Board 9 `Disclosure `120.(1) If a member of an Electricity Board has a direct or indirect 10 interest in a matter being considered, or about to be considered, by the 11 Board, the member must disclose the nature of the interest to a meeting of 12 the Board as soon as practicable after the relevant facts come to the 13 member's knowledge. 14 Maximum penalty--8 penalty units. 15 `(2) The disclosure must be recorded in the Board's minutes. 16 by interested member of Electricity Board 17 `Voting `120A.(1) A member of an Electricity Board who has a material 18 personal interest in a matter that is being considered by the Board must 19 not-- 20 (a) vote on the matter; or 21 (b) vote on a proposed resolution (a "related resolution") under 22 subsection (2) in relation to the matter (whether in relation to the 23 member or another member); or 24 (c) be present while the matter, or a related resolution, is being 25 considered by the Board; or 26 (d) otherwise take part in any decision of the Board in relation to the 27 matter or a related resolution. 28 Maximum penalty--8 penalty units. 29 `(2) Subsection (1) does not apply to the matter if the Board has at any 30

27 Electricity Amendment time passed a resolution that-- 1 (a) specifies the member, the interest and the matter; and 2 (b) states that the members voting for the resolution are satisfied that 3 the interest should not disqualify the member from considering or 4 voting on the matter. 5 of members of an Electricity Board 6 `Insurance `121.(1) An Electricity Board may effect, on behalf of a member of the 7 Board, insurance for-- 8 (a) the member; or 9 (b) in the event of the member being fatally injured--the member's 10 dependants. 11 `(2) The insurance must relate to an injury arising out of, or in the course 12 of, the performance by the member of the member's functions. 13 `(3) The cost of providing the insurance is an authorised expense for the 14 purposes of this Act. 15 `(4) Without limiting subsection (2), an injury may arise out of, or in the 16 course of, the performance by the member of the member's functions if the 17 injury happens when the member-- 18 (a) is attending at a place the member is authorised or required to 19 attend; or 20 (b) is travelling directly to a place-- 21 (i) to obtain a medical certificate in relation to the insurance; or 22 (ii) to receive medical, surgical or hospital treatment for an 23 injury to which the insurance relates; or 24 (iii) to receive a payment under the insurance; or 25 (c) is travelling directly from a place mentioned in paragraph (b) to 26 the member's place of abode. 27 `(5) In this section-- 28 "dependants" has the meaning in relation to a member that dependants has 29 in relation to an employee under the Workers' Compensation 30

28 Electricity Amendment Act 1990; 1 "injury" has the meaning in relation to a member that injury has in relation 2 to an employee under the Workers' Compensation Act 1990; 3 "place of abode" has the meaning in relation to a member that place of 4 abode has in relation to an employee under the Workers' 5 Compensation Act 1990.'. 6 of s.123 (Appointment of General Manager) 7 Amendment Section 123(1)-- 8 Clause35.(1) omit, insert-- 9 `123.(1) There is to be a General Manager for each Electricity Board. 10 `(1A) The General Manager of an Electricity Board is to be appointed by 11 the Governor in Council on the nomination of the Board.'. 12 (2) Section 123(7)-- 13 omit, insert-- 14 `(7) A nomination of an Electricity Board under subsection (1)-- 15 (a) must be given to the Minister; and 16 (b) may be given whether or not a written request for the nomination 17 is received by the Board from the Minister. 18 `(8) If a request is made, the nomination must be given-- 19 (a) within 21 days after the Board receives the request; or 20 (b) within any longer period determined by the Minister. 21 `(9) If the nomination is not received by the Minister within the required 22 time-- 23 (a) the Governor in Council may appoint a General Manager having 24 regard to the requirements of subsection (3); and 25 (b) the person appointed is taken to have been nominated by the 26 Board.'. 27

29 Electricity Amendment of s.128 (Appointment of other staff) 1 Amendment Section 128(2)-- 2 Clause36. omit, insert-- 3 `(2) The General Manager must submit to the Board a budget relating to 4 staffing matters (the "staffing budget"). 5 `(2A) The staffing budget must be submitted at the meeting at which the 6 Board first considers the annual budgets that are required to be prepared and 7 adopted under this Act. 8 `(2B) The staffing budget is a budget for an additional purpose under 9 section 238(2).'. 10 of s.129 (Powers, functions and duties of an Electricity 11 Amendment Board) 12 Clause37.(1) Section 129(c)-- 13 omit, insert-- 14 `(c) subject to subsection (2), must exercise any additional powers 15 and perform any additional functions in relation to the supply of 16 electricity that are prescribed by regulation; and'. 17 (2) Section 129(n)-- 18 omit, insert-- 19 `(n) subject to subsection (3), may subscribe amounts or provide 20 services for any national, benevolent, public, general or useful 21 object or purpose; and'. 22 (3) Section 129(t)-- 23 omit `Companies Act 19611975 or that is a "recognised company" 24 within the meaning of that Act', 25 insert `Corporations Law or that is a recognised company within the 26 meaning of that Law'. 27 (4) Section 129 (at the end)-- 28 insert-- 29 `(2) An additional power or function mentioned in subsection (1)(c)-- 30

30 Electricity Amendment (a) must not be inconsistent with a power or function of the 1 Commission; and 2 (b) may only be exercised or performed for a period of not more than 3 6 months. 4 `(3) If an amount is to be subscribed under subsection (1)(n)-- 5 (a) a separate budget provision must be made for the amount; and 6 (b) despite any provision of this Act providing for authorisation of 7 expenditure above the amount provided in the adopted budget, the 8 Board may incur expenditure above the budget provision for 9 expenditure under subsection (1)(n) only with the approval of the 10 Minister.'. 11 of s.130 (Delegation by Electricity Board) 12 Replacement Section 130-- 13 Clause38. omit, insert-- 14 by Electricity Board 15 `Delegation `130.(1) Subject to subsections (2) and (3), an Electricity Board may, by 16 resolution, delegate the Board's powers under this Act to-- 17 (a) a committee consisting of at least 2 members of the Board; or 18 (b) the General Manager; or 19 (c) an employee of the Board. 20 `(2) An Electricity Board may make a delegation to an employee of the 21 Board only on the recommendation of the General Manager. 22 `(3) An Electricity Board must not delegate-- 23 (a) the Board's power to borrow or vote amounts; or 24 (b) the Board's powers under section 128.'. 25

31 Electricity Amendment of s.134 (Determination by Governor in Council on 1 Amendment failure of Authorities to agree) 2 Section 134-- 3 Clause39. omit `Order in Council', insert `regulation'. 4 of s.137A (Registration entries with respect to land 5 Amendment vested) 6 Section 137A(2)-- 7 Clause40. omit `, Registrar of Dealings' (wherever occurring). 8 of s.137B (Transfer of part of undertaking to or from 9 Amendment Commission) 10 Clause41.(1) Section 137B(1) and (2)-- 11 omit, insert-- 12 `137B.(1) If the Governor in Council determines that it is expedient-- 13 (a) that part of the undertaking of an Electricity Authority be divested 14 from the Authority and vest in the Commission; or 15 (b) that part of the generation and transmission undertaking or other 16 asset of the Commission be divested from the Commission and 17 vest in an Electricity Authority; 18 the Governor in Council may provide for the divesting and vesting on a 19 prescribed day. 20 `(2) The provision for the divesting and vesting-- 21 (a) is to be made by regulation; and 22 (b) may be made subject to conditions.'. 23 (2) Section 137B(4)(b)-- 24 omit `, Registrar of Dealings' (wherever occurring). 25

32 Electricity Amendment of s.170 (Consumer's generating plant for emergency 1 Amendment supply) 2 Clause42. Section 170(1)(c)-- 3 omit `the Standards Association of Australia', 4 insert `Standards Australia'. 5 of s.173 (Substations on consumers' premises) 6 Amendment Section 173(1)-- 7 Clause43. omit `the Standards Association of Australia', 8 insert `Standards Australia'. 9 of s.174 (Lighting on a road) 10 Amendment Clause44. Section 174(2) and (3)-- 11 omit `the Commissioner of Main Roads', 12 insert `the roads authority executive'. 13 of s.216 (Placing, altering or removing electric lines on 14 Amendment roads) 15 Section 216(1)-- 16 Clause45.(1) omit `the Commissioner of Main Roads in the case of a declared road 17 within the meaning of the Main Roads Act 19201975', 18 insert `the roads authority executive in the case of a declared road within 19 the meaning of the Transport Infrastructure (Roads) Act 1991'. 20 (2) Section 216(4), (5), (6) and (7)-- 21 omit `Commissioner of Main Roads', insert `roads authority executive'. 22 (3) Section 216(6)-- 23 omit `on the part of the Commissioner', 24 insert `on the part of the roads authority executive'. 25 (4) Section 216(7)-- 26

33 Electricity Amendment omit `such Commissioner', insert `the roads authority executive'. 1 (5) Section 216(8)-- 2 omit `the Commissioner of Main Roads under the Main Roads Act 3 19201975', 4 insert `the roads authority executive under the Transport Infrastructure 5 (Roads) Act 1991'. 6 of s.217 (Restricted roads) 7 Amendment Clause46.(1) Section 217(1) and (3)-- 8 omit `Commissioner of Main Roads', insert `roads authority executive'. 9 (2) Section 217(1) and (3)-- 10 omit `Order in Council', insert `regulation'. 11 (3) Section 217(2)-- 12 omit `by the issue of the Order in Council', 13 insert `by the making of the regulation'. 14 of s.218 (Going upon roads for purposes of repairs and 15 Amendment maintenance) 16 Clause47.(1) Section 218(1) and (2)-- 17 omit `Commissioner of Main Roads', insert `roads authority executive'. 18 (2) Section 218(2)-- 19 omit `as he or it', 20 insert `as the roads authority executive, Authority or other body'. 21 of s.219 (Duty of Electricity Authority upon breaking up, 22 Amendment etc., of road) 23 Clause48. Section 219(1), (2), (4), (5) and (6)-- 24 omit `Commissioner of Main Roads' (wherever occurring), 25 insert `roads authority executive'. 26

34 Electricity Amendment of s.222 (Matters affecting Government railways) 1 Amendment Section 222(1)-- 2 Clause49.(1) omit `(as defined by the Railways Act 19141972)', 3 insert `(within the meaning of the Transport Infrastructure (Railways) 4 Act 1991)'. 5 (2) Section 222(1), (2), (4) and (6)-- 6 omit `the Commissioner for Railways' (wherever occurring), 7 insert `Queensland Railways'. 8 (3) Section 222(3)-- 9 omit, insert-- 10 `(3) If Queensland Railways proposes to construct or relocate a 11 signalling or communication line near an existing electric line that is outside 12 land in which Queensland Railways has an interest, Queensland Railways 13 must-- 14 (a) if construction is involved--ensure that the signalling or 15 communication line is constructed in a way that it is not 16 injuriously affected by the electric line; or 17 (b) if relocation is involved--request the Electricity Authority that is 18 responsible for the electric line to relocate or modify the electric 19 line, at the cost of Queensland Railways, in order to protect 20 adequately the signalling or communication line.'. 21 (4) Section 222(8)-- 22 omit. 23 of s.223 (Breaking up other railways or tramways) 24 Amendment Section 223(1)-- 25 Clause50. omit, insert-- 26 `223.(1) Section 222(1), (2) and (3) applies to a railway or tramway 27 (other than a railway vested in Queensland Railways) as if a reference in the 28 subsections to Queensland Railways were a reference to the operator of the 29 railway or tramway.'. 30

35 Electricity Amendment of s.225 (Disputes with other Authorities) 1 Amendment Section 225(6)-- 2 Clause51. omit. 3 of Part 6, Divisions 1 and 2 4 Replacement Part 6, Divisions 1 and 2-- 5 Clause52. omit, insert-- 6 `Division 1--Trust and bank accounts 7 account 8 `Trust `227.(1) An Electricity Board must maintain a trust account. 9 `(2) The following amounts are to be paid into the trust account-- 10 (a) amounts held on deposit or in trust under this or another Act; 11 (b) amounts that are unclaimed. 12 `(3) An amount may be paid from the trust account-- 13 (a) to a person entitled to the amount; and 14 (b) in relation to unclaimed amounts--in a way authorised by law. 15 accounts 16 `Bank `228.(1) An Electricity Board must keep-- 17 (a) a separate bank account to record transactions in the trust account; 18 and 19 (b) a general bank account to record all other transactions. 20 `(2) A payment that relates to the trust account may be made from the 21 general bank account only if the amount is reimbursed from the separate 22 bank account. 23

36 Electricity Amendment 2--Accounts and financial statements 1 `Division 2 `Accounts `229.(1) An Electricity Board must keep the accounts that it is required to 3 keep under this Act, the Financial Administration and Audit Act 1977 and 4 the Financial Management Practice Manual. 5 `(2) The General Manager must-- 6 (a) at the first ordinary meeting of the Electricity Board after the end 7 of each accounting period--give to the Board statements of the 8 accounts in relation to the budget; and 9 (b) at the first meeting of the Electricity Board held in a calendar 10 year--give to the Board an estimate of the anticipated position at 11 the end of the current financial year in relation to the budget. 12 `(3) The statements must provide-- 13 (a) a comparison of budget estimates against actual revenue and 14 expenses; and 15 (b) an explanation that gives a true indication of the progressive 16 nature of the budget provisions. 17 `(4) In this section-- 18 "accounting period" means-- 19 (a) 1 month; or 20 (b) another period of not more than 5 weeks determined by the 21 Electricity Board. 22 statements 23 `Financial `230.(1) At the first or second meeting in each financial year, the General 24 Manager must give to the Electricity Board annual statements of accounts 25 and other financial and relevant information (the "financial statements") 26 prescribed under the Financial Administration and Audit Act 1977 and set 27 out in the Financial Management Practice Manual. 28 `(2) The financial statements must be certified in the way that financial 29 statements provided under the Financial Administration and Audit Act 1977 30

37 Electricity Amendment are certified. 1 `(3) Until the financial statements are audited and submitted to 2 Parliament according to law, they must not be sold or made available to any 3 person other than-- 4 (a) the Minister, Auditor-General or Commission; or 5 (b) an officer authorised by the Minister, Auditor-General or 6 Commission; or 7 (c) a member or employee of the Electricity Board.'. 8 of s.238 (Annual budget to be prepared and submitted 9 Amendment to the Commission) 10 Section 238(1)-- 11 Clause53. omit, insert-- 12 `238.(1) Each year the General Manager of an Electricity Board must 13 prepare budgets in the way prescribed under the Financial Management 14 Practice Manual.'. 15 of ss.243 and 244 16 Replacement Sections 243 and 244-- 17 Clause54. omit, insert-- 18 to be observed 19 `Budgets `243.(1) An Electricity Board must, so far as possible, observe the 20 budgets. 21 `(2) The ordinary spending of an Electricity Board in a year before 22 budgets are adopted for the year is authorised and must be included in the 23 budgets for the year. 24 `(3) An Electricity Board may depart from its budget if the Board 25 determines that the departure is desirable for the purpose of conducting its 26 business to best advantage under this Act. 27 `(4) If-- 28 (a) before the adoption of a budget, spending that is not ordinary 29

38 Electricity Amendment spending is proposed; or 1 (b) after the adoption of a budget, proposed spending requires a 2 departure from the budget; 3 the proposed spending may be authorised under subsection (5) or (6). 4 `(5) If the proposed spending is spending that, had provision been made 5 for it in the budget, could have been authorised by the General Manager or 6 an employee of the Electricity Board under a delegation, the General 7 Manager may authorise the proposed spending. 8 `(6) If the proposed spending is spending that, had provision been made 9 for it in the budget, would have required the approval of the Electricity 10 Board, the Electricity Board may authorise the proposed spending. 11 `(7) An authorisation given by the General Manager under subsection (5) 12 must be reported by the General Manager to the next meeting of the 13 Electricity Board. 14 `(8) The Electricity Board must advise the Commission of any spending 15 authorised under subsection (5) or (6) within 7 days after the meeting at 16 which the authorisation was reported to, or given by, the Board. 17 `(9) Sections 240 and 241 apply, with all necessary modifications, to 18 spending authorised under this section as they apply to the budget. 19 of members of Electricity Boards for unauthorised spending 20 `Liability `244.(1) If an Electricity Board spends an amount (other than an amount 21 authorised under section 243)-- 22 (a) that has not been provided for in the budget; or 23 (b) that is otherwise illegal; 24 each member of the Electricity Board who voted for the spending in the 25 knowledge that the spending was not provided for or was otherwise illegal 26 is jointly and severally liable to repay to the Electricity Board the amount 27 spent. 28 `(2) The Electricity Board may recover the amount as a debt due by the 29 member to it.'. 30

39 Electricity Amendment of Part 6, Division 5 (Reserve Funds) 1 Replacement Part 6, Division 5-- 2 Clause55. omit, insert-- 3 `Division 5--Reserves 4 of Electricity Boards 5 `Reserves `248.(1) An Electricity Board may, with the Commission's approval, set 6 aside reserves that comprise-- 7 (a) 1 general reserve; and 8 (b) 1 or more reserves for specified purposes. 9 `(2) An Electricity Board must not set aside as a contribution to the 10 general reserve an amount that is more than 5% of the total revenue of the 11 Board for the previous financial year. 12 `(3) Unless the Governor in Council approves a higher amount, the 13 amount standing to the credit of the general reserve of an Electricity Board 14 must not be more than 12.5% of the original cost of works of the Electricity 15 Board that were in service at the end of the previous financial year. 16 `(4) The Commission may give an approval to a Board-- 17 (a) to discontinue a reserve; or 18 (b) to apply the amount in a reserve for another purpose. 19 reserves of Commission and Electricity Boards 20 `Common `249.(1) If an approval is given by the Governor in Council-- 21 (a) the Commission and an Electricity Board or Boards; or 22 (b) 2 or more Electricity Boards; 23 may agree to contribute to a reserve established to meet specified contingent 24 liabilities. 25 `(2) The agreement for the reserve must provide for-- 26 (a) the way of calculating the amount to be contributed by each 27 contributor to the reserve; and 28

40 Electricity Amendment (b) the way of dealing with claims made against the reserve by a 1 contributor; and 2 (c) the way of dealing with liabilities of contributors that are proper 3 charges against the reserve; and 4 (d) the administration of the reserve; and 5 (e) the way of dealing with funds held in the reserve if the reserve is 6 discontinued. 7 `(3) An amount standing to the credit of a reserve administered by the 8 Commission that is not immediately required for the purposes for which 9 the reserve was established may be invested by the Commission under 10 section 45A.'. 11 of s.251 (Contracts) 12 Amendment Clause56. Section 251(9)(a) and (b)-- 13 omit `(or such other amount as the Governor in Council may from time 14 to time fix by Order in Council, he being hereby authorized to do so)', 15 insert `(or another amount that is prescribed by regulation)'. 16 of s.252 (Approval of the Governor in Council for some 17 Amendment contracts) 18 Section 252(2)-- 19 Clause57. omit `from time to time by Order in Council', insert `by regulation'. 20 of s.262 (Electrical articles may be prescribed) 21 Replacement Section 262-- 22 Clause58. omit, insert-- 23 electrical articles 24 `Prescribed `262.(1) The Governor in Council may, by regulation, determine that an 25 electrical article is a prescribed electrical article for the purposes of this Part. 26 `(2) A prescribed electrical article may be sold or hired, or offered, 27 exposed or advertised for sale or hire, only if-- 28

41 Electricity Amendment (a) the article-- 1 (i) is registered by the Commission; or 2 (ii) has been approved in the required way and the approval 3 (whether given before or after the commencement of this 4 subsection) is in force; and 5 (b) the article is marked, stamped or labelled as prescribed by 6 regulation; and 7 (c) the article complies with all specifications relevant to the article 8 that are prescribed by regulation. 9 `(3) For the purposes of subsection (2)(a)(ii), a prescribed electrical 10 article is approved in the required way if-- 11 (a) it is approved by the Commission; or 12 (b) it is approved or registered by the Statutory Approvals Authority 13 of another State or a Territory; or 14 (c) a TypeTest mark or StandardsMark has been issued in relation to 15 the article by Quality Assurance Services Pty Ltd (a subsidiary of 16 Standards Australia).'. 17 of s.268C (Keeping of registers) 18 Amendment Clause59.(1) Section 268C(1)(a)-- 19 omit `Orders in Council', insert `statutory rules'. 20 (2) Section 268C(3) to (6)-- 21 omit. 22 of s.277 (Commission may adopt standards) 23 Amendment Clause60.(1) Section 277(1) and (2)-- 24 omit `the Standards Association of Australia', 25 insert `Standards Australia'. 26 (2) Section 277(3)-- 27 omit `Order in Council', insert `regulation'. 28

42 Electricity Amendment of s.278 (Terms relevant to reciprocity within Australia) 1 Replacement Section 278-- 2 Clause61. omit, insert-- 3 relevant to reciprocity within Australia 4 `Terms `278.(1) In this Part-- 5 "Statutory Approvals Authority", in relation to another State, a Territory 6 or New Zealand, means the authority that, under a law of the State, 7 Territory or New Zealand has powers similar to the Commission to 8 approve or register prescribed electrical articles. 9 `(2) For the purposes of this Part, a reference to a prescribed electrical 10 article approved by the Statutory Approvals Authority is a reference to a 11 prescribed electrical article-- 12 (a) in relation to which a certificate of approval by the Authority is in 13 force; and 14 (b) that may be lawfully offered for sale-- 15 (i) in another State or a Territory; or 16 (ii) if the Authority is the New Zealand Authority--in New 17 Zealand; and 18 (c) that is marked, stamped or labelled by the Authority in the way 19 prescribed under the law governing the Authority. 20 `(3) For the purposes of this Part, a reference to a prescribed electrical 21 article registered by the Statutory Approvals Authority is a reference to a 22 prescribed electrical article-- 23 (a) in relation to which the registration by the Authority of a 24 declaration of compliance is in force; and 25 (b) that may be lawfully offered for sale-- 26 (i) in another State or a Territory; or 27 (ii) if the Authority is the New Zealand Authority--in New 28 Zealand; and 29 (c) that is marked, stamped or labelled by the Authority in the way 30 prescribed under the law governing the Authority.'. 31

43 Electricity Amendment of s.284E (Testing of domestic appliances) 1 Amendment After section 284E(1)-- 2 Clause62.(1) insert-- 3 `(2) If the Commission gives a direction, the holder of the label must, on 4 or before the day specified by the Commission, pay the amount estimated 5 by it to cover the actual cost of testing the appliance.'. 6 (2) After section 284E(2)(c)-- 7 insert-- 8 `(d) specify the amount and the day mentioned in subsection (2).'. 9 (3) Section 284E(2)-- 10 renumber as subsection (3). 11 of new ss.284EA and 284EB 12 Insertion After section 284E-- 13 Clause63. insert-- 14 happens if test shows label is incorrect 15 `What `284EA.(1) If, because of a test conducted under section 284E, the 16 Commission is satisfied that-- 17 (a) the energy consumption rate of the appliance is higher than the 18 energy consumption rate specified on the efficiency label; or 19 (b) the energy efficiency rating of the appliance is less than the energy 20 efficiency rating specified on the efficiency label; 21 the holder of the label must pay to the Commission the difference 22 between-- 23 (c) the actual cost of testing the appliance; and 24 (d) the amount paid under section 284E(2) for the testing of the 25 appliance. 26 `(2) The Commission may recover an amount unpaid under 27 subsection (1) as a debt due by the holder to it. 28 `(3) This section does not affect section 284D. 29

44 Electricity Amendment happens if test shows label is correct 1 `What `284EB.(1) If, because of a test conducted under section 284E, the 2 Commission is satisfied that the appliance has the energy consumption rate 3 and energy efficiency rating specified on the efficiency label, the 4 Commission must refund to the holder of the label the amount paid under 5 section 284E(2) for the testing of the appliance. 6 `(2) The holder may recover an amount due to the holder under 7 subsection (1) as a debt due by the Commission to the holder.'. 8 of s.284F (Labelling of domestic appliances) 9 Amendment Section 284F(1)-- 10 Clause64. omit `or hire' (wherever occurring). 11 of s.295 (Exceptions) 12 Amendment Clause65. Section 295(1)(a) and (b)-- 13 omit, insert-- 14 `(a) an electric line or work constructed by Queensland Railways and 15 forming part of a railway; or'. 16 of s.299 (Governor in Council may declare private plant 17 Amendment subject to Act) 18 Section 299(1)-- 19 Clause66.(1) omit `section 295(c)', insert `section 295(1)(c)'. 20 (2) Section 299(1) and (2)(a)-- 21 omit `Order in Council', insert `regulation'. 22 (3) Section 299(2) (all words before paragraph (a))-- 23 omit, insert-- 24 `(2) While the regulation is in force--'. 25

45 Electricity Amendment of s.300 (The Board) 1 Amendment Section 300(3)-- 2 Clause67. omit, insert-- 3 `(3) The Board consists of the chairperson and 5 other members. 4 `(4) The members of the Board are to be appointed by the Governor in 5 Council.'. 6 of s.301 (Members of Board) 7 Amendment Clause68.(1) Section 301(1)(a) to (f)-- 8 omit `who shall be the holder of a certificate of competency under this 9 Part (not being a restricted certificate) as an electrical fitter or an electrical 10 mechanic'. 11 (2) Section 301(1)(b)-- 12 omit `Director-General, Department of Employment, Vocational 13 Education and Training', 14 insert `the chief executive of the training department'. 15 (3) After section 301(1)-- 16 insert-- 17 `(1A) A person is eligible to be nominated under subsection (1) only if 18 the person is the holder of a certificate of competency under this Part (other 19 than a restricted certificate) as-- 20 (a) an electrical fitter; or 21 (b) an electrical mechanic; or 22 (c) an engineering tradesperson (electrical).'. 23 of s.304 (Acting chairman) 24 Replacement Section 304-- 25 Clause69. omit, insert-- 26

46 Electricity Amendment chairperson 1 `Acting `304. The Governor in Council may appoint a person who is qualified to 2 be appointed as chairperson to act as chairperson-- 3 (a) during a vacancy in the office of the chairperson; or 4 (b) during any period, or all periods, when the chairperson is absent 5 from duty or is, for another reason, unable to perform the 6 functions of the office. 7 at meetings 8 `Presiding `304A.(1) The chairperson is to preside at all meetings at which the 9 chairperson is present. 10 `(2) If the chairperson is not present at a meeting, the member chosen by 11 the members present is to preside.'. 12 of s.310 (Functions of Board) 13 Amendment Clause70. Section 310(a) and (c)-- 14 omit `the Department of Employment, Vocational Education and 15 Training', 16 insert `the training department'. 17 of s.311 (Powers of investigation, inquiry, etc.) 18 Omission Section 311-- 19 Clause71. omit. 20 of s.313 (Employees for purposes of the Board) 21 Amendment Clause72. Section 313(1) and (2)-- 22 omit, insert-- 23 `313.(1) The Commission must appoint a secretary to the Board. 24 `(2) The secretary is to be an employee of the Commission.'. 25

47 Electricity Amendment of ss.314 and 315 1 Replacement Sections 314 and 315-- 2 Clause73. omit, insert-- 3 of secretary to the Board 4 `Duties `314. The secretary to the Board must-- 5 (a) keep minutes of all Board meetings; and 6 (b) issue notices of Board meetings; and 7 (c) maintain the Register of Licensed Electrical Contractors, 8 Queensland; and 9 (d) maintain a record of examinations conducted for the purposes of 10 this Part; and 11 (e) attend to any other duties-- 12 (i) prescribed by regulation for the purposes of this section; or 13 (ii) determined by the Board.'. 14 of s.316 (Delegation by Board) 15 Replacement Section 316-- 16 Clause74. omit, insert-- 17 by Board 18 `Delegation `316.(1) The Board may, by resolution, delegate the Board's powers 19 under this Act to-- 20 (a) a committee consisting of at least 2 members of the Board; or 21 (b) the chairperson; or 22 (c) the secretary to the Board; or 23 (d) an employee of the Commission. 24 `(2) The Board may make a delegation to a person mentioned in 25 subsection (1)(c) or (d) only on the recommendation of the chairperson.'. 26

48 Electricity Amendment of ss.317 and 318 1 Replacement Sections 317 and 318-- 2 Clause75. omit, insert-- 3 of the Board 4 `Revenue `317. All amounts received by the Board under this Act are to be 5 accounted for and form part of the departmental accounts of the 6 Commission. 7 of administration of the Board 8 `Costs `318. The following costs are payable out of the departmental accounts of 9 the Commission-- 10 (a) the costs of the Board in the exercise of its powers and the 11 performance of its functions; 12 (b) the fees and allowances of members of the Board; 13 (c) the salaries of employees of the Commission appointed for the 14 purposes of the Board.'. 15 of ss.319322 16 Replacement Sections 319 to 322-- 17 Clause76. omit, insert-- 18 of certificates of competency 19 `Classes `319. The Board may grant the following certificates of competency-- 20 (a) electrical fitter; 21 (b) electrical jointer; 22 (c) electrical linesperson; 23 (d) electrical mechanic; 24 (e) engineering tradesperson (electrical). 25

49 Electricity Amendment certificate of competency 1 `Restricted `320.(1) The Board may grant a restricted certificate of competency that 2 allows the holder of the certificate-- 3 (a) to perform electrical work of the kind specified in the certificate; 4 or 5 (b) to perform electrical work of the kind specified in the certificate 6 for a specified employer; or 7 (c) to perform electrical work of the kind specified in the certificate in 8 a specified locality. 9 `(2) A restricted certificate may be granted in relation to electrical work 10 that is incidental or special to a trade or calling. 11 `(3) A restricted certificate-- 12 (a) does not entitle the holder to a certificate of competency under this 13 Part; and 14 (b) is not to be taken into account in determining whether the holder 15 is qualified to obtain or hold a certificate of competency. 16 17 `Permit `321.(1) A permit may be granted to a person that allows the person to 18 perform electrical work of the kind specified in the permit. 19 `(2) The permit may be granted-- 20 (a) on application by the person for a certificate of competency or 21 restricted certificate; or 22 (b) following the suspension under section 335(5) of a certificate of 23 competency or another permit held by the person; or 24 (c) following the suspension under section 340(5) of an electrical 25 contractor's licence held by the person. 26 `(3) The permit may be granted by-- 27 (a) the Board; or 28 (b) the chairperson of the Board; or 29 (c) 2 members of the Board. 30

50 Electricity Amendment `(4) A permit granted by the Board may be granted for a period (not 1 longer than 6 months) specified in the permit. 2 `(5) A permit granted by the chairperson or members may be granted for 3 a period (not longer than 1 month) specified in the permit. 4 `(6) The Board may, by written notice given to the holder, renew a 5 permit for a period (not longer than 6 months) specified in the notice. 6 `(7) The Board may renew a permit more than once. 7 `(8) A permit-- 8 (a) does not entitle the holder to a certificate of competency under this 9 Part; and 10 (b) is not to be taken into account in determining whether the holder 11 is qualified to obtain or hold a certificate of competency. 12 `(9) A permit may be granted subject to conditions specified in the 13 permit including a condition that the holder satisfactorily completes a 14 training course or examination determined by the Board. 15 `(10) If a permit is granted without conditions, it may be renewed subject 16 to conditions specified in the renewal notice. 17 work to be done by certificate holders or permit holders 18 `Electrical `322.(1) A person must not-- 19 (a) connect, disconnect, interfere with or remove a fixed portion of an 20 electrical installation; or 21 (b) perform electrical work that an electrical worker may perform; 22 unless the person is the holder of a certificate of competency, restricted 23 certificate or permit. 24 Maximum penalty--20 penalty units. 25 `(2) A person who is the holder of a certificate of competency must not 26 perform electrical work of a kind to which the certificate does not relate. 27 Maximum penalty--20 penalty units. 28 `(3) A person who is the holder of a restricted certificate or permit must 29 not perform electrical work that the person is not authorised under this Act 30

51 Electricity Amendment to perform. 1 Maximum penalty--20 penalty units. 2 `(4) This section does not apply to a registered apprentice within the 3 meaning of the Vocational Education, Training and Employment Act 1991 4 who is working in a trade or calling determined by the Board that requires 5 the apprentice to perform electrical work.'. 6 of s.323 (Exemptions) 7 Amendment Clause77. Section 323(g)(i)-- 8 omit, insert-- 9 `(i) a University; or'. 10 of s.323A (Electrical work by holder of an external 11 Replacement authorization) 12 Section 323A-- 13 Clause78. omit, insert-- 14 work by holder of an external authorisation 15 `Electrical `323A.(1) The Governor in Council may, by regulation-- 16 (a) declare that a specified external authorisation is equivalent to a 17 specified certificate of competency; and 18 (b) determine conditions for the purposes of the declaration. 19 `(2) Subject to subsection (3), the holder of an external authorisation to 20 which the declaration relates is taken to be the holder of the equivalent 21 certificate of competency subject to the conditions that may be determined 22 for the purposes of the regulation. 23 `(3) If the holder of the external authorisation-- 24 (a) contravenes this Act; or 25 (b) contravenes a condition mentioned in subsection (2); or 26 (c) does, or fails to do, an act that, if done or not done by the holder 27 of a certificate of competency, would entitle the Board to cancel or 28 suspend the certificate under section 335; 29

52 Electricity Amendment the Board may determine that the holder is no longer taken to be the holder 1 of a certificate of competency. 2 `(4) If the Board makes a determination, it must-- 3 (a) give written notice of the determination to the holder; and 4 (b) cause to be published in the Industrial Gazette-- 5 (i) details of the determination; and 6 (ii) the holder's name and address. 7 `(5) A determination takes effect-- 8 (a) on the day on which the notice is given to the holder; or 9 (b) if a later day is specified in the notice--on the later day.'. 10 of s.324 (Applications for certificates of competency) 11 Amendment Section 324(3)-- 12 Clause79. omit `linesman', insert `linesperson'. 13 of ss.325 and 326 14 Replacement Clause80. Section 325 and 326-- 15 omit, insert-- 16 fitter 17 `Electrical `325.(1) The Board must grant a certificate of competency as an electrical 18 fitter to an applicant for the certificate if the applicant-- 19 (a) has satisfactorily completed an apprenticeship to the trade of 20 electrical fitter or engineering tradesperson (electrical) under the 21 Vocational Education, Training and Employment Act 1991; and 22 (b) has satisfactorily completed a course of instruction determined by 23 the Board; and 24 (c) produces to the Board a written statement from the applicant's 25 employer that outlines the experience the applicant has had at the 26 trade work of an electrical fitter; and 27 (d) satisfies the Board that the applicant is competent in the trade 28

53 Electricity Amendment work of an electrical fitter. 1 `(2) The Board must grant a certificate of competency as an electrical 2 fitter to an applicant for the certificate if the applicant-- 3 (a) has satisfactorily completed an apprenticeship outside Queensland 4 that is, in the Board's opinion, at least equivalent to an 5 apprenticeship mentioned in subsection (1)(a); and 6 (b) has satisfactorily completed a course of instruction related to the 7 apprenticeship that is, in the Board's opinion, at least equivalent to 8 the course of instruction mentioned in subsection (1)(b); and 9 (c) produces to the Board a written statement from the applicant's 10 employer that outlines the experience the applicant has had at the 11 trade work of an electrical fitter; and 12 (d) satisfies the Board that the applicant is competent in the trade 13 work of an electrical fitter. 14 `(3) The Board must grant a certificate of competency as an electrical 15 fitter to an applicant for the certificate if the applicant satisfies the 16 examination requirements of the Board and-- 17 (a) if the applicant is the holder of a certificate of competency as an 18 electrical mechanic or engineering tradesperson (electrical)--the 19 applicant satisfies the Board that the applicant is competent in the 20 trade work of an electrical fitter; and 21 (b) if the applicant has served an apprenticeship to the trade of 22 electrical fitter or engineering tradesperson (electrical) under the 23 Vocational Education, Training and Employment Act 1991 but 24 has failed to complete satisfactorily the course of instruction 25 mentioned in subsection (1)(b)--the applicant satisfies the Board 26 that the applicant is competent in the trade work of an electrical 27 fitter; and 28 (c) if the applicant is the holder of a tradesman's certificate within the 29 meaning of the Tradesmen's Rights Regulation Act 1946 of the 30 Commonwealth in the classification of electrical fitter--the 31 applicant satisfies the Board that the applicant is competent in the 32 trade work of an electrical fitter. 33

54 Electricity Amendment mechanic 1 `Electrical `326.(1) The Board must grant a certificate of competency as an electrical 2 mechanic to an applicant for the certificate if the applicant-- 3 (a) has satisfactorily completed an apprenticeship to the trade of 4 electrical mechanic or engineering tradesperson (electrical) under 5 the Vocational Education, Training and Employment Act 1991; 6 and 7 (b) has satisfactorily completed a course of instruction determined by 8 the Board; and 9 (c) produces to the Board a written statement from the applicant's 10 employer that outlines the experience the applicant has had at the 11 trade work of an electrical mechanic; and 12 (d) satisfies the Board that the applicant is competent in the trade 13 work of an electrical mechanic. 14 `(2) The Board must grant a certificate of competency as an electrical 15 mechanic to an applicant for the certificate if the applicant-- 16 (a) has satisfactorily completed an apprenticeship outside Queensland 17 that is, in the Board's opinion, at least equivalent to an 18 apprenticeship mentioned in subsection (1)(a); and 19 (b) has satisfactorily completed a course of instruction related to the 20 apprenticeship that is, in the Board's opinion, at least equivalent to 21 the course of instruction mentioned in subsection (1)(b); and 22 (c) produces to the Board a written statement from the applicant's 23 employer that outlines the experience the applicant has had at the 24 trade work of an electrical mechanic; and 25 (d) satisfies the Board that the applicant is competent in the trade 26 work of an electrical mechanic. 27 `(3) The Board must grant a certificate of competency as an electrical 28 mechanic to an applicant for the certificate if the applicant satisfies the 29 examination requirements of the Board and-- 30 (a) if the applicant is the holder of a certificate of competency as an 31 electrical fitter or engineering tradesperson (electrical)--the 32 applicant satisfies the Board that the applicant is competent in the 33 trade work of an electrical mechanic; and 34

55 Electricity Amendment (b) if the applicant has served an apprenticeship to the trade of 1 electrical mechanic or engineering tradesperson (electrical) under 2 the Vocational Education, Training and Employment Act 1991 3 but has failed to complete satisfactorily the course of instruction 4 mentioned in subsection (1)(b)--the applicant satisfies the Board 5 that the applicant is competent in the trade work of an electrical 6 mechanic; and 7 (c) if the applicant is the holder of a tradesman's certificate within the 8 meaning of the Tradesmen's Rights Regulation Act 1946 of the 9 Commonwealth in the classification of electrical mechanic--the 10 applicant satisfies the Board that the applicant is competent in the 11 trade work of an electrical mechanic. 12 tradesperson (electrical) 13 `Engineering `326A.(1) The Board must grant a certificate of competency as an 14 engineering tradesperson (electrical) to an applicant for the certificate if the 15 applicant-- 16 (a) has satisfactorily completed an apprenticeship to the trade of 17 engineering tradesperson (electrical) under the Vocational 18 Education, Training and Employment Act 1991; and 19 (b) is entitled to be granted a certificate of competency as-- 20 (i) an electrical fitter; or 21 (ii) an electrical mechanic. 22 `(2) On granting a certificate of competency as an engineering 23 tradesperson (electrical), the Board must endorse it in 1 of the following 24 ways according to the training and experience of the applicant-- 25 (a) engineering tradesperson (electrical--fitter); 26 (b) engineering tradesperson (electrical--mechanic); 27 (c) engineering tradesperson (electrical--fitter/mechanic).'. 28 of s.327 (Electrical jointer) 29 Amendment Clause81. Section 327(1)(a)(ii)-- 30

56 Electricity Amendment omit `or electrical mechanic', 1 insert `, electrical mechanic or engineering tradesperson (electrical)'. 2 of s.328 (Electrical linesman) 3 Amendment Section 328-- 4 Clause82.(1) omit `linesman' (wherever occurring), insert `linesperson'. 5 (2) Section 328(1)(a)(ii)-- 6 omit `or electrical mechanic', 7 insert `, electrical mechanic or engineering tradesperson (electrical)'. 8 of s.330 (Examinations) 9 Amendment Clause83. Section 330(a)-- 10 omit `the Department of Employment, Vocational Education and 11 Training', 12 insert `the training department'. 13 of s.331 (Scope of examinations) 14 Amendment Section 331-- 15 Clause84. omit `"electrical linesman" and "electrical mechanic"', 16 insert `"electrical linesperson", "electrical mechanic" and "engineering 17 tradesperson (electrical)"'. 18 of new ss.334A334C 19 Insertion Clause85. After section 334-- 20 insert-- 21 of certificate of competency 22 `Term `334A. A certificate of competency is for the term of 5 years. 23

57 Electricity Amendment of certificate of competency 1 `Renewal `334B.(1) The Board may renew a certificate of competency if-- 2 (a) an application for renewal of the certificate is made by the holder 3 to the Board; and 4 (b) the fee for renewal prescribed by regulation is paid to the Board. 5 `(2) The renewal-- 6 (a) begins at the end of the day on which, but for its renewal, the 7 certificate would have expired; and 8 (b) is for the term of 5 years. 9 may seek explanation from the holder of a certificate of 10 `Board competency or permit 11 `334C. Without limiting section 335, the Board may call on the holder of 12 a certificate of competency or permit to explain-- 13 (a) an alleged act or omission in relation to electrical work performed 14 by the holder; or 15 (b) apparently incorrect information given to the Board by the holder 16 in the holder's application for the certificate of competency or 17 permit.'. 18 of s.335 (Cancellation or suspension of certificate or 19 Replacement permit by Board) 20 Section 335-- 21 Clause86. omit, insert-- 22 or suspension of certificate or permit by Board 23 `Cancellation `335.(1) Each of the following is a ground for the suspension or 24 cancellation of a certificate of competency or permit-- 25 (a) that the holder has performed electrical work in a negligent, 26 unsatisfactory or incompetent way; 27 (b) that the holder has failed to correct faults or defects in electrical 28 installation work done by the holder as an electrical contractor that 29

58 Electricity Amendment the holder was required by the Board to correct under 1 section 337E; 2 (c) that the holder has, in relation to the holder's application for the 3 certificate of competency or permit, given information (whether 4 orally or in writing) that is false or misleading in a material 5 particular; 6 (d) for a permit--that the holder has contravened a condition to 7 which the permit is subject. 8 `(2) If the Board believes on reasonable grounds that a ground for the 9 suspension or cancellation of a certificate of competency or permit exists, 10 the Board may give a notice to the holder of the certificate or permit to show 11 cause why the certificate or permit should not be suspended or cancelled. 12 `(3) The notice must-- 13 (a) be in writing; and 14 (b) outline the facts and circumstances that, in the Board's opinion, 15 form the basis for the Board's belief mentioned in subsection (2); 16 and 17 (c) specify the period within which the holder may make 18 representations in relation to the matter. 19 `(4) A representation may be made in writing or by personal attendance 20 before the Board. 21 `(5) If, after considering any representations properly made by the 22 holder, the Board considers a ground mentioned in subsection (1) exists, the 23 Board may-- 24 (a) cancel the holder's certificate of competency or permit; or 25 (b) suspend the holder's certificate of competency or permit; or 26 (c) reprimand or caution the holder; or 27 (d) impose on the holder a fine of not more than 8 penalty units. 28 `(6) The Board may take action under subsection (5) only if the holder 29 has been given an opportunity to appear in person before the Board. 30 `(7) If the Board suspends the holder's certificate of competency or 31 permit, the suspension may-- 32

59 Electricity Amendment (a) be imposed for a period determined by the Board; or 1 (b) be subject to the satisfaction of conditions determined by the 2 Board, including, for example, a condition that the holder 3 satisfactorily complete a training course or examination 4 determined by the Board.'. 5 of s.337 (Electrical contractors' licences) 6 Replacement Section 337-- 7 Clause87. omit, insert-- 8 contractors' licences--individuals 9 `Electrical `337.(1) On application by an individual for an electrical contractor's 10 licence, the Board must grant the licence if it is satisfied that the 11 individual-- 12 (a) has held for at least 1 year (or a shorter period determined by the 13 Board, either generally or in a particular case)-- 14 (i) a certificate of competency as an electrical mechanic; or 15 (ii) a certificate of competency as an engineering tradesperson 16 (electrical--mechanic); or 17 (iii) a certificate of competency as an engineering tradesperson 18 (electrical--fitter/mechanic); or 19 (iv) a licence (other than a licence prescribed by regulation not to 20 be a recognised licence for the purposes of this paragraph) 21 under a law of another State or a Territory that authorises the 22 individual to undertake contracts for electrical installation 23 work in the other State or Territory; and 24 (b) is a fit and proper person to hold the licence; and 25 (c) is competent to perform electrical installation work in the capacity 26 of an electrical contractor and intends to perform the work; and 27 (d) if the Board requires the individual to satisfactorily complete an 28 examination determined by it--has satisfied the requirement; and 29 (e) satisfies any financial and insurance requirements for the licence 30 prescribed by regulation. 31

60 Electricity Amendment `(2) In deciding whether the person is a fit and proper person to hold the 1 licence, the Board may have regard to-- 2 (a) commercial and other dealings in which the person has been 3 involved and the standard of honesty and integrity demonstrated 4 in the dealings; and 5 (b) any failure by the person to carry out commercial or statutory 6 obligations and the reasons for the failure; and 7 (c) any other relevant consideration. 8 `(3) The application must-- 9 (a) be made in writing; and 10 (b) be accompanied by the fee for the application prescribed by 11 regulation. 12 contractors' licences--partnerships 13 `Electrical `337A.(1) On application by a partnership for an electrical contractor's 14 licence, the Board must grant the licence if it is satisfied that a partner of the 15 partnership (the "qualified partner") satisfies the requirements mentioned 16 in section 337. 17 `(2) On granting the licence the Board must endorse it with the name of 18 each qualified partner. 19 `(3) If, because of the happening of an event, the partnership no longer 20 has a qualified partner, the licence is taken to be cancelled 1 month from the 21 day of the event unless, within the period-- 22 (a) the partnership has a qualified partner; and 23 (b) application is made to the Board to endorse the name of the 24 qualified partner on the licence. 25 `(4) If an application is made under subsection (3)(b), the Board must-- 26 (a) if it satisfied that the partnership has a qualified partner--endorse 27 on the licence the name of the partner; or 28 (b) if it is not satisfied--refuse to endorse the licence. 29 `(5) The application under subsection (1) or (3)(b) must-- 30

61 Electricity Amendment (a) be made in writing; and 1 (b) be accompanied by the fee for the application prescribed by 2 regulation. 3 contractors' licences--corporations 4 `Electrical `337B.(1) On application by a corporation for an electrical contractor's 5 licence, the Board must grant the licence if it is satisfied that-- 6 (a) the corporation-- 7 (i) employs an individual; or 8 (ii) has a member who is an individual; 9 ("qualified person") who satisfies the requirements (other than 10 any financial and insurance requirements) mentioned in 11 section 337; and 12 (b) the corporation satisfies any financial and insurance requirements 13 prescribed by regulation; and 14 (c) the corporation has as 1 of its objects the carrying on of business 15 as an electrical contractor; and 16 (d) the electrical installation work to be undertaken by the corporation 17 is proposed to be done, or personally supervised, by a qualified 18 person. 19 `(2) On granting the licence, the Board must endorse it with the name of 20 each qualified person. 21 `(3) If, because of the happening of an event, the corporation no longer 22 employs, or has a member who is, a qualified person, the licence is taken to 23 be cancelled 1 month from the day of the event unless, within the period-- 24 (a) the corporation employs, or has a member who is, a qualified 25 person; and 26 (b) application is made to the Board to endorse the qualified person 27 on the licence. 28 `(4) If an application is made under subsection (3)(b), the Board must-- 29 (a) if it is satisfied that the corporation employs, or has a member 30 who is, a qualified person--endorse on the licence the name of 31

62 Electricity Amendment the person; or 1 (b) if it is not satisfied--refuse to endorse the licence. 2 `(5) The application under subsection (1) or (3)(b) must-- 3 (a) be made in writing; and 4 (b) be accompanied by the fee for the application prescribed by 5 regulation. 6 contractors' licences--restricted 7 `Electrical `337C.(1) On application by a person or public body for a restricted 8 electrical contractor's licence, the Board must grant the licence if it is 9 satisfied that-- 10 (a) the person or body employs an individual ("qualified person") 11 who satisfies the requirements (other than any financial and 12 insurance requirements) mentioned in section 337; and 13 (b) the person or body carries on a business or activity that is not 14 electrical contracting; and 15 (c) any electrical installation work to be done by the person or body 16 is to be done solely for the purpose of the business or activity; 17 and 18 (d) the electrical installation work to be done by the person or body is 19 proposed to be done, or personally supervised, by a qualified 20 person. 21 `(2) On granting the licence, the Board must endorse it with the name of 22 each qualified person employed by the person or public body. 23 `(3) The licence relates only to electrical installation work that is done 24 solely for the purpose of the business or activity of the person or public 25 body. 26 `(4) If, because of the happening of an event, the person or public body 27 no longer employs a qualified person, the licence is taken to be cancelled 28 1 month from the day of the event unless, within the period-- 29 (a) the person or body employs a qualified person; and 30 (b) application is made to the Board to endorse the name of the 31

63 Electricity Amendment qualified person on the licence. 1 `(5) If an application is made under subsection (4)(b), the Board must-- 2 (a) if it is satisfied that the person or public body employs a qualified 3 person--endorse on the licence the name of the person; or 4 (b) if it is not satisfied--refuse to endorse the licence. 5 `(6) The application under subsection (1) or (4)(b) must-- 6 (a) be made in writing; and 7 (b) be accompanied by the fee for the application prescribed by 8 regulation. 9 may sign documents in relation to electrical work etc. 10 `Who `337D.(1) A person who is not-- 11 (a) an electrical contractor; or 12 (b) a qualified partner under section 337A; or 13 (c) a qualified person under section 337B or 337C; 14 must not sign a document relating to electrical work required under this Act 15 or by an Electricity Authority. 16 Maximum penalty--20 penalty units. 17 `(2) For the purpose of signing a document-- 18 (a) an electrical contractor may sign in that capacity; and 19 (b) a qualified partner may sign for the partnership; and 20 (c) a qualified person may sign for the corporation, person or public 21 body. 22 may require person to rectify defective work 23 `Board `337E.(1) If-- 24 (a) a person holds a certificate of competency as-- 25 (i) an electrical mechanic; or 26 (ii) an engineering tradesperson (electrical--mechanic); or 27

64 Electricity Amendment (iii) an engineering tradesperson (electrical--fitter/mechanic); 1 and 2 (b) the person-- 3 (i) performed electrical installation work at a time when the 4 person held an electrical contractor's licence; and 5 (ii) is notified by the Board of a fault or defect in the work; 6 the Board may require the person to correct the fault or defect within the 7 time and in the way specified by the Board. 8 `(2) For the purposes of complying with subsection (1), the person is 9 taken to be the holder of an electrical contractor's licence of the kind that the 10 person held when the person performed the electrical installation work.'. 11 of ss.339 and 340 12 Replacement Sections 339 and 340-- 13 Clause88. omit, insert-- 14 of licences 15 `Term `339. An electrical contractor's licence-- 16 (a) is for the term of 1 year starting on the grant of the licence; and 17 (b) may be renewed or reinstated. 18 of licences 19 `Renewal `339A.(1) The Board must renew an electrical contractor's licence if, 20 before the licence expires-- 21 (a) the holder of the licence-- 22 (i) makes written application for its renewal; and 23 (ii) pays to the Board the fee for the application prescribed by 24 regulation; and 25 (b) if the holder is not a corporation--the Board receives-- 26 (i) a written declaration stating that the holder is regularly 27 performing electrical installation work as an electrical 28

65 Electricity Amendment contractor; and 1 (ii) any particulars required by the Board to establish that the 2 holder is regularly performing the work. 3 `(2) The declaration must be made and the particulars must be given-- 4 (a) if the holder is an individual--by the individual; and 5 (b) if the holder is a partnership--by a qualified partner. 6 `(3) A renewal has effect for the period of 1 year starting at the end of the 7 day on which, but for its renewal, the licence would have expired. 8 of licences 9 `Reinstatement `339B.(1) The Board must reinstate an electrical contractor's licence that 10 has expired if, within 1 year from the day the licence expires-- 11 (a) the former holder of the licence-- 12 (i) makes written application for its reinstatement; and 13 (ii) pays to the Board the fee for the application prescribed by 14 regulation; and 15 (b) the Board is satisfied that the former holder is qualified to hold 16 the licence. 17 `(2) A reinstatement has effect for the period starting at the end of the day 18 of reinstatement and ending 1 year from the day the licence expired. 19 of licences 20 `Surrender `339C. The holder of an electrical contractor's licence may surrender the 21 licence by written notice given to the Board. 22 may seek explanation from the holder of an electrical 23 `Board contractor's licence 24 `339D. Without limiting section 340, the Board may call on the holder of 25 an electrical contractor's licence to explain-- 26 (a) an alleged act or omission in relation to electrical work performed 27 by the holder; or 28

66 Electricity Amendment (b) apparently incorrect information given to the Board by the holder 1 in the holder's application for the licence. 2 or suspension of electrical contractor's licence 3 `Cancellation `340.(1) Each of the following is a ground for the suspension or 4 cancellation of an electrical contractor's licence-- 5 (a) that the holder has performed electrical installation work, or 6 caused or permitted electrical installation work to be performed, 7 in a negligent, unsatisfactory or incompetent way; 8 (b) that the holder has failed to give a notification under 9 section 175(4)(b); 10 (c) that the holder has unduly delayed rectifying a fault found because 11 of an inspection under this Act in electrical installation work done 12 by the holder or an employee of the holder; 13 (d) that the holder, or an employee of the holder, has intentionally 14 deceived, or attempted to deceive, an inspector by-- 15 (i) purposely concealing inferior work or materials used as part 16 of electrical installation work; or 17 (ii) making a statement that is false or misleading in a material 18 particular; 19 (e) that the holder, or an employee of the holder, has unlawfully 20 broken or tampered with the seal attached to-- 21 (i) a meter; or 22 (ii) a control apparatus; or 23 (iii) a fuse; 24 belonging to an Electricity Authority or a person licensed to 25 supply electricity; 26 (f) that the holder, or an employee of the holder, has tampered 27 with-- 28 (i) a meter; or 29 (ii) a maximum demand indicator; or 30

67 Electricity Amendment (iii) a control apparatus; or 1 (iv) a fuse; 2 belonging to, or under the control of, an Electricity Authority or a 3 person licensed to supply electricity; 4 (g) that the holder, or an employee of the holder, has connected an 5 installation, or part of an installation, to an electricity supply that is 6 chargeable at a rate lower than the rate for which electricity supply 7 to the installation is chargeable without the authority of the 8 relevant Electricity Authority or person licensed to supply 9 electricity; 10 (h) that the holder has been a party to, or has knowledge of, an act 11 mentioned in paragraph (a) to (g); 12 (i) that the holder has failed to pay a fee payable by the holder under 13 this Act; 14 (j) that the holder-- 15 (i) has failed to give a return under this Act; or 16 (ii) has given a return under this Act that is false or misleading 17 in a material particular; 18 (k) that the holder has been convicted of an indictable offence; 19 (l) that the holder has advised, procured or allowed a member or 20 employee of a partnership or corporation of which the holder is a 21 member to perform electrical installation work knowing that 22 member or employee was not authorised under this Act to 23 perform the work; 24 (m) that the holder has, in relation to the holder's application for the 25 licence, given information (whether orally or in writing) that is 26 false or misleading in a material particular. 27 `(2) If the Board believes on reasonable grounds that a ground for the 28 suspension or cancellation of an electrical contractor's licence exists, the 29 Board may give a notice to the holder of the licence calling on the holder to 30 show cause why the licence should not be suspended or cancelled. 31 `(3) The notice must-- 32 (a) be in writing; and 33

68 Electricity Amendment (b) outline the facts and circumstances that, in the Board's opinion, 1 form the basis for the Board's belief mentioned in subsection (2); 2 and 3 (c) specify the period within which the holder may make 4 representations in relation to the matter. 5 `(4) A representation may be made in writing or by personal attendance 6 before the Board. 7 `(5) If, after considering any representations properly made by the 8 holder, the Board considers a ground mentioned in subsection (1) exists, the 9 Board may-- 10 (a) cancel the holder's licence; or 11 (b) suspend the holder's licence for a period determined by the 12 Board; or 13 (c) reprimand or caution the holder; or 14 (d) impose on the holder a fine of not more than 8 penalty units; or 15 (e) if the ground is that the holder has unduly delayed rectifying 16 faults found because of an inspection in electrical installation 17 work done by the holder or an employee of the holder--impose 18 on the holder a fine of not more than 1 penalty unit for each day 19 on which the delay continues. 20 `(6) The Board may take action under subsection (5) only if the holder 21 has been given an opportunity to appear in person before the Board. 22 `(7) If the Board suspends the holder's licence, the suspension may-- 23 (a) be imposed for a period determined by the Board; or 24 (b) be subject to the satisfaction of conditions determined by the 25 Board, including, for example, a condition that the holder 26 satisfactorily complete a training course or examination 27 determined by the Board. 28 `(8) If the holder's licence expires before the end of a period of 29 suspension-- 30 (a) the licence must not be renewed during the period; and 31

69 Electricity Amendment (b) an application by the holder for a new licence may only be made 1 after the end of the period.'. 2 of s.343 (Appeal to industrial magistrate) 3 Amendment Section 343(1)(b)-- 4 Clause89. omit, insert-- 5 `(b) holder of a certificate of competency or permit under 6 Division 2-- 7 (i) in relation to whom a determination by the Board under 8 section 323A has been made; or 9 (ii) whose certificate or permit has been cancelled or suspended 10 under section 335(5); or 11 (iii) who has been reprimanded or cautioned by the Board under 12 section 335(5); or 13 (iv) who has been fined by the Board under section 335(5); or'. 14 of s.346 (Employment in electricity supply industry 15 Amendment defined) 16 Section 346(3)-- 17 Clause90. omit. 18 of s.352 (Overtime payments) 19 Replacement Section 352-- 20 Clause91. omit, insert-- 21 payments 22 `Overtime `352. Despite section 11.1 of the Industrial Relations Act 1990, if a 23 person is employed by the Commission or an Electricity Board at a salary 24 that is more than that determined by the Governor in Council-- 25 (a) the working of overtime by the person; and 26

70 Electricity Amendment (b) the rate at which payment for the overtime is paid; 1 is in the discretion of the Commission or Board.'. 2 of s.362 (Proceedings of the Superannuation Board) 3 Amendment Section 362(3)-- 4 Clause92.(1) omit `Five', insert `Subject to section 381D(2A), 5'. 5 (2) Section 362(5)-- 6 omit `Subject to subsection (4)', 7 insert `Subject to subsection (4) and section 381D'. 8 of s.364A (Disqualification of member of 9 Replacement Superannuation Board from voting) 10 Section 364A-- 11 Clause93. omit, insert-- 12 of interests by member of Superannuation Board 13 `Disclosure `364A.(1) If a member of the Superannuation Board has a direct or 14 indirect interest in a matter being considered, or about to be considered, by 15 the Board, the member must disclose the nature of the interest to a meeting 16 of the Board as soon as practicable after the relevant facts come to the 17 member's knowledge. 18 Maximum penalty--8 penalty units. 19 `(2) The disclosure must be recorded in the Board's minutes. 20 by interested member of Superannuation Board 21 `Voting `364B.(1) A member of the Superannuation Board who has a material 22 personal interest in a matter that is being considered by the Board must 23 not-- 24 (a) vote on the matter; or 25 (b) vote on a proposed resolution (a "related resolution") under 26 subsection (2) in relation to the matter (whether in relation to the 27

71 Electricity Amendment member or another member); or 1 (c) be present while the matter, or a related resolution, is being 2 considered by the Board; or 3 (d) otherwise take part in any decision of the Board in relation to the 4 matter or a related resolution. 5 Maximum penalty--8 penalty units. 6 `(2) Subsection (1) does not apply to the matter if the Board has at any 7 time passed a resolution that-- 8 (a) specifies the member, the interest and the matter; and 9 (b) states that the members voting for the resolution are satisfied that 10 the interest should not disqualify the member from considering or 11 voting on the matter.'. 12 of s.367 (Insurance of members of the Board) 13 Replacement Section 367-- 14 Clause94. omit, insert-- 15 of members of the Superannuation Board 16 `Insurance `367.(1) The Superannuation Board may effect, on behalf of a member 17 of the Board, insurance for-- 18 (a) the member; or 19 (b) in the event of the member being fatally injured--the member's 20 dependants. 21 `(2) The insurance must relate to an injury arising out of, or in the course 22 of, the performance by the member of the member's functions. 23 `(3) The cost of providing the insurance is a cost in relation to the 24 administration of the scheme. 25 `(4) Without limiting subsection (2), an injury may arise out of, or in the 26 course of, the performance by the member of the member's functions if the 27 injury happens when the member-- 28 (a) is attending at a place the member is authorised or required to 29 attend; or 30

72 Electricity Amendment (b) is travelling directly to a place-- 1 (i) to obtain a medical certificate in relation to the insurance; or 2 (ii) to receive medical, surgical or hospital treatment for an 3 injury to which the insurance relates; or 4 (iii) to receive a payment under the insurance; or 5 (c) is travelling directly from a place mentioned in paragraph (b) to 6 the member's place of abode. 7 `(5) In this section-- 8 "dependants" has the meaning in relation to a member that dependants has 9 in relation to an employee under the Workers' Compensation Act 10 1990; 11 "injury" has the meaning in relation to a member that injury has in relation 12 to an employee under the Workers' Compensation Act 1990; 13 "place of abode" has the meaning in relation to a member that place of 14 abode has in relation to an employee under the Workers' 15 Compensation Act 1990.'. 16 of s.368B (Delegation by Board) 17 Replacement Section 368B-- 18 Clause95. omit, insert-- 19 by Superannuation Board 20 `Delegation `368B. The Superannuation Board may, by resolution, delegate the 21 Board's powers under this Act (other than the Board's power to borrow) 22 to-- 23 (a) the manager; or 24 (b) the secretary; or 25 (c) an employee of the Board.'. 26 of s.371 (The Articles) 27 Amendment Section 371(2)-- 28 Clause96.

73 Electricity Amendment omit, insert-- 1 `(2) The Articles may be amended by regulation.'. 2 of s.374 (Accounts) 3 Amendment Section 374(1)-- 4 Clause97. omit, insert-- 5 `374.(1) The Superannuation Board must keep accounts that allow 6 financial statements to be prepared in accordance with the Financial 7 Administration and Audit Act 1977. 8 `(1A) The accounts must be certified on behalf of the Board by the 9 chairperson and the manager.'. 10 of s.381 (Commencement of the Scheme) 11 Omission Section 381-- 12 Clause98. omit. 13 of s.381B (Rules) 14 Amendment Section 381B-- 15 Clause99. omit `prescribed by Order in Council', 16 insert `made by the Governor in Council'. 17 of s.381D (Superannuation Board to administer 18 Amendment Accumulations Fund) 19 Section 381D(2)-- 20 Clause100. omit, insert-- 21 `(2) Sections 362, 368, 368A, 369, 370, 373, 374 and 378 apply to the 22 administration of the Accumulations Fund and, for the purposes of that 23 application, a reference in those sections to the Scheme is taken to be a 24 reference to the Accumulations Fund. 25 `(2A) A question relating to the Accumulations Fund arising for decision 26

74 Electricity Amendment by the Board must be decided by at least a two-thirds majority of the 1 members.'. 2 of s.381E (Commencement of the Accumulations Fund) 3 Omission Section 381E-- 4 Clause101. omit. 5 of s.399 (Offences relating to consumers' generating 6 Amendment plants for emergency supply) 7 Section 399(b)-- 8 Clause102. omit `the Standards Association of Australia', 9 insert `Standards Australia'. 10 of s.407 (Sale of prescribed electrical article when not 11 Replacement registered or approved) 12 Section 407-- 13 Clause103. omit, insert-- 14 `Sale of prescribed electrical article when not registered or approved 15 `407. A person must not sell or hire, or offer, expose or advertise for sale 16 or hire, a prescribed electrical article unless the article may be sold or hired, 17 or offered, exposed or advertised for sale or hire under section 262(2). 18 Maximum penalty--8 penalty units.'. 19 of s.414 (Use of unlicensed private plant to which Act 20 Amendment declared to apply) 21 Section 414-- 22 Clause104. omit `Order in Council' (wherever occurring), insert `regulation'. 23

75 Electricity Amendment of s.416 (Uncertificated person performing electrical 1 Replacement work) 2 Section 416-- 3 Clause105. omit, insert-- 4 `Liability of employer or supervisor of unauthorised person 5 performing electrical work 6 `416. An employer, or a person supervising the work, of an employee 7 must not instruct, advise, procure or allow the employee to perform 8 electrical work in contravention of section 322 knowing that the employee is 9 not authorised under this Act to perform the work. 10 Maximum penalty--20 penalty units.'. 11 of s.423 (Appropriation of penalties) 12 Amendment Clause106.(1) Section 423(1)(a) and (d)-- 13 omit `Consolidated Revenue Fund', insert `Consolidated Fund'. 14 (2) Section 423(1)(b)-- 15 omit `the Electricity Fund', insert `the Commission'. 16 of s.428 (Facilitation of proof) 17 Amendment Section 428(1)(d)-- 18 Clause107.(1) omit `and, in the absence of evidence to the contrary, conclusive evidence 19 of the matters contained therein'. 20 (2) Section 428(1)(e)-- 21 omit `and, in the absence of evidence in rebuttal thereof, shall be 22 conclusive such evidence'. 23 (3) Section 428(1)(g)-- 24 omit `and, in the absence of evidence to the contrary, conclusive evidence 25 of the matters contained in the certificate'. 26 (4) Section 428(1)(h) (after `subsisting')-- 27 insert `licence as an electrical contractor or'. 28

76 Electricity Amendment (5) Section 428(1)(h)-- 1 omit `any such certificate', insert `a licence, certificate'. 2 (6) Section 428(1)(h)-- 3 omit `and, in the absence of evidence to the contrary, conclusive evidence 4 of the matters contained in the certificate'. 5 (7) Section 428(1)(i)-- 6 omit. 7 (8) Section 428(1)(j)-- 8 omit `and, in the absence of evidence to the contrary, conclusive evidence 9 of the matters contained therein'. 10 (9) Section 428(1)(k)(i)-- 11 omit `electrical linesman or, as the case may be, electrical mechanic', 12 insert `electrical linesperson, electrical mechanic or engineering 13 tradesperson (electrical)'. 14 (10) Section 428(1)(k)-- 15 omit `and, in the absence of evidence to the contrary, conclusive evidence 16 of the matters contained in the certificate'. 17 of s.434 (Annual report of Commission) 18 Amendment Clause108. Section 434(1)(c)-- 19 omit `section 235', insert `section 230'. 20 of s.435 (Annual reports of Authorities) 21 Replacement Section 435-- 22 Clause109. omit, insert-- 23 report of Authorities 24 `Annual `435.(1) Immediately after the report mentioned in section 434 is laid 25 before Parliament, each Electricity Board must give to the Commission a 26 report on the Board's operations during the last financial year. 27

77 Electricity Amendment `(2) Immediately after the report mentioned in section 434 is laid before 1 Parliament, the Queensland Electricity Supply Industry Superannuation 2 Board must give to the Commission a report on the Board's operations 3 during its last accounting period. 4 `(3) A report must contain-- 5 (a) the annual financial statements of the relevant Board; and 6 (b) any other information prescribed by regulation. 7 `(4) The Commission must give to the Minister each report received by it 8 under subsection (1) or (2). 9 `(5) Before 31 August in each year, the Electrical Workers and 10 Contractors Board must give to the Commission a report on the Board's 11 operations during the last financial year.'. 12 of s.437 (Unclaimed moneys on account of a consumer) 13 Replacement Section 437-- 14 Clause110. omit, insert-- 15 amounts held on account of consumers 16 `Unclaimed `437.(1) If-- 17 (a) an unclaimed amount is held by the Commission or an Electricity 18 Board on account of a person as consumer; and 19 (b) the person has ceased to be a consumer; and 20 (c) the whereabouts of the person are not known to the Commission 21 or Electricity Board; 22 the Commission or Board must make reasonable inquiries to locate the 23 person. 24 `(2) If the person is located, the amount is to be paid to the person. 25 `(3) If-- 26 (a) the person is not located; and 27 (b) the amount remains unclaimed for 1 year from the day the 28 amount was due to be paid to the person; 29

78 Electricity Amendment the amount is to be accounted for as a miscellaneous receipt in the financial 1 records of the Commission or Electricity Board.'. 2 of s.438 (Other unclaimed moneys) 3 Amendment Clause111.(1) Section 438(3)(a) and (b)-- 4 omit, insert-- 5 `(a) if the moneys are held by the Commission--be accounted for as 6 a miscellaneous receipt in the financial records of the 7 Commission; and 8 (b) if the moneys are held by an Electricity Board--be accounted for 9 as a miscellaneous receipt in the financial records of the 10 Electricity Board; and'. 11 (2) Section 438(4)-- 12 omit, insert-- 13 `(4) This section does not limit section 17.19(1) of the Industrial 14 Relations Act 1990.'. 15 of s.439 (Person entitled to moneys) 16 Replacement Section 439-- 17 Clause112. omit, insert-- 18 entitled to amounts 19 `Persons `439. Subject to section 438(2), a person who establishes a proper claim 20 to an amount that has been dealt with under section 437(3) or 438 is entitled 21 to be paid the amount.'. 22 of s.440 (Adoption of standards) 23 Omission Section 440-- 24 Clause113. omit. 25

79 Electricity Amendment of s.441 (Audit) 1 Amendment Clause114.(1) Section 441(1)(a)-- 2 omit, insert-- 3 `(a) the Commission (including the books and accounts kept for the 4 purpose of preparing the financial statements of the Queensland 5 electricity supply industry under section 30); and'. 6 (2) Section 441(2) to (5)-- 7 omit. 8 of Part heading 9 Replacement Clause115. Part 16 (heading)-- 10 omit, insert-- 11 PART 16--STATUTORY INSTRUMENTS'. 12 ` of Division heading 13 Omission Clause116. Part 16, Division 1 (heading)-- 14 omit. 15 of s.444 (Uniform practice manuals) 16 Replacement Section 444-- 17 Clause117. omit, insert-- 18 practice manuals 19 `Uniform `444.(1) The Commission may prepare uniform practice manuals that 20 provide for practices in relation to-- 21 (a) the construction and maintenance of works of an Electricity 22 Authority; and 23 (b) the safety and welfare of persons engaged in the construction and 24 maintenance of-- 25 (i) works of an Electricity Authority; and 26

80 Electricity Amendment (ii) electrical installations; and 1 (c) the making of returns by an Electricity Authority or another body 2 constituted under this Act and the form of the returns. 3 `(2) The Commission must submit a uniform practice manual prepared 4 under subsection (1) for consideration by the Governor in Council. 5 `(3) The Governor in Council may-- 6 (a) approve the uniform practice manual as prepared; or 7 (b) vary the uniform practice manual and approve the manual as 8 varied; or 9 (c) disallow the uniform practice manual. 10 `(4) A uniform practice manual approved under this section-- 11 (a) is subordinate legislation; and 12 (b) is an exempt instrument for the purposes of the Legislative 13 Standards Act 1992.'. 14 of s.445 (Rules) 15 Amendment Section 445(1)(h)-- 16 Clause118.(1) omit `$200', insert `4 penalty units'. 17 (2) Section 445(4)(c)-- 18 omit `pursuant to the regulations under the Main Roads Act 19201975', 19 insert `under the Transport Infrastructure (Roads) Act 1991'. 20 (3) Section 445(4)(c)-- 21 omit `and, in the absence of evidence in rebuttal thereof, shall be 22 conclusive evidence of such ownership'. 23 of new s.446 24 Insertion Clause119. After section 445-- 25 insert-- 26

81 Electricity Amendment that are subordinate legislation 1 `Instruments `446. A rule or order in council made under this Act is subordinate 2 legislation.'. 3 of Part 16, Division 2 (Publication of Instruments) 4 Omission Part 16, Division 2-- 5 Clause120. omit. 6 of new Part 17 7 Insertion After Part 16-- 8 Clause121. insert-- 9 PART 17--SAVINGS AND TRANSITIONAL 10 ` `Division 1--Interpretation 11 12 `Interpretation `447. In this Part-- 13 "commencing day" means the day of commencement of this Act; 14 "1980 Act" means the Electricity Act Amendment Act 1980; 15 "1984 Act" means the Electricity Act Amendment Act 1984; 16 "1993 Act" means the Electricity Amendment Act 1993; 17 "registering authority" means-- 18 (a) the Registrar of Titles; or 19 (b) another person required by law on receiving notice-- 20 (i) to make a recording in a register; or 21 (ii) to enter a note or memorial on an instrument of title to land. 22

82 Electricity Amendment `Division 2--Agreements 1 agreements made before Act's commencement 2 `Interconnection `448.(1) This section applies to an agreement in force, or purporting to be 3 in force, immediately before the commencing day. 4 `(2) An interconnection agreement made between an Electric Authority 5 and the owner of a private generating plant providing for the interconnection 6 of the Electric Authority's system and the installation supplied from the 7 private generating plant is taken to be and always to have been a valid 8 agreement. 9 `(3) An agreement mentioned in subsection (2) continues in force on and 10 after the commencing day as if it were an agreement made under 11 section 171. 12 `(4) In this section-- 13 "Electric Authority" means-- 14 (a) the Southern Electric Authority of Queensland; or 15 (b) the Northern Electric Authority of Queensland; or 16 (c) a Regional Board constituted under the Regional Electric 17 Authorities Acts 1945; or 18 (d) the Brisbane City Council in relation to its electricity undertaking; 19 or 20 (e) a local authority authorised by order in council under the Electric 21 Light and Power Act 1896 to supply electricity. 22 with Tweed Shire Council 23 `Agreements `449.(1) The agreement dated 6 September 1938 between the Electric 24 Authority and the Tweed Shire Council continues in force and has effect on 25 and after the commencing day as if the South East Queensland Electricity 26 Board were substituted for the Electric Authority as a party to the 27 agreement. 28 `(2) The agreement dated 15 July 1958 between the Southern Electric 29 Authority of Queensland and the Tweed Shire Council continues in force 30

83 Electricity Amendment and has effect on and after the commencing day as if the South East 1 Queensland Electricity Board were substituted for the Southern Electric 2 Authority of Queensland as a party to the agreement. 3 `(3) In subsection (1)-- 4 "Electric Authority" means the Southern Electric Authority of 5 Queensland as the successor in law of the City Electric Light 6 Company Limited. 7 with Council of the Shire of Tenterfield 8 `Agreements `450. An agreement made between the Southern Electric Authority of 9 Queensland and the Council of the Shire of Tenterfield relating to the supply 10 of electricity by the Authority in the Shire, and in force immediately before 11 the commencing day, continues in force and has effect on and after the 12 commencing day as if the South West Queensland Electricity Board were 13 substituted for the Authority as a party to the agreement. 14 3--Electricity supply to Tenterfield and Tweed Shires 15 `Division supply to Tenterfield and Tweed Shires 16 `Electricity `451.(1) This section applies-- 17 (a) to the part of the undertaking of the Electric Authority that-- 18 (i) is outside Queensland; and 19 (ii) is used for, or is concerned with, the supply of electricity 20 within the area of the Council of the Shire of Tenterfield or 21 the Tweed Shire Council under a Council supply agreement; 22 and 23 (b) subject to the laws of the place where the undertaking is situated 24 and to the provisions of the relevant agreement. 25 `(2) The Electric Authority must not, without the consent of the 26 Governor in Council-- 27 (a) agree to any alteration of the agreement; or 28 (b) enter into any new agreement; or 29

84 Electricity Amendment (c) obtain the right to extend its undertaking to any new area of 1 supply; or 2 (d) supply electricity in another area of supply. 3 `(3) The Electric Authority must use its best endeavours to ensure that 4 the net return received by it on the capital invested in the undertaking bears 5 the same proportion to the capital invested as the net return received by it on 6 the capital invested in its undertaking in Queensland bears to the capital 7 invested in Queensland. 8 `(4) If the Electric Authority is directed to do so by the Governor in 9 Council, it must use its best endeavours to vary the terms of a Council 10 supply agreement to conform to the terms under which it supplies electricity 11 in Queensland. 12 `(5) The consent of the Governor in Council or the Commission is not 13 required to the doing of an act, the giving of a notice, the signing of a 14 document, the acquisition or sale of property or the expenditure of an 15 amount that the Electric Authority is required or permitted to do, give, sign, 16 acquire, sell or expend under the Council supply agreement. 17 `(6) Subject to subsections (2) to (5), this Act applies to the part of the 18 undertaking of the Electric Authority that is outside Queensland to the same 19 extent that it would apply if the undertaking-- 20 (a) were in Queensland; and 21 (b) formed part of the Authority's undertaking in Queensland. 22 `(7) In this section-- 23 "Council supply agreement" means an agreement mentioned in section 24 449 or 450; 25 "Electric Authority" means-- 26 (a) South East Queensland Electricity Board; or 27 (b) South West Queensland Electricity Board. 28

85 Electricity Amendment `Division 4--Employees' rights 1 rights 2 `Employees' `452. Schedule 4 has effect in relation to the preservation of employees' 3 rights. 4 and provident funds 5 `Superannuation `453. Schedule 5 has effect in relation to-- 6 (a) superannuation and provident funds; and 7 (b) contributors to the funds. 8 `Division 5--Vesting of Generating Board's property in Commission 9 of property etc. of Generating Board in Commission 10 `Vesting `454.(1) In this section-- 11 "Board" means the Queensland Electricity Generating Board. 12 `(2) On the commencement of the 1984 Act-- 13 (a) the undertaking of the Board is divested from it and vests in the 14 Commission; and 15 (b) all real and personal property (including every right, title, estate or 16 interest in the property) and all management or control of 17 anything that immediately before the commencement of the 18 1984 Act was vested in or belonged to the Board vests in and 19 belongs to the Commission; and 20 (c) in relation to the duty and right of the Board mentioned in 21 section 65(4) of the 1980 Act, the Commission may do anything 22 incidental to the performance of the duty or exercise of the right 23 that the Board was authorised to do under section 65(5) of the 24 1980 Act. 25 `(3) The vesting mentioned in subsection (2)(b) operates without any 26 transfer, assignment or conveyance, or any notice other than this Act. 27

86 Electricity Amendment `(4) If a written request is made by the Commission, the registering 1 authority-- 2 (a) must register in the name of the Commission any right, title, 3 estate or interest in land that vests in it under this section; and 4 (b) for the purpose-- 5 (i) may make any recording, entry, cancellation or correction in 6 any register, record or book in the authority's custody or 7 under the authority's control; and 8 (ii) may do and execute any other acts, matters and things that 9 the authority considers to be necessary and proper. 10 `(5) If the request relates to the vesting of an easement-- 11 (a) it is not necessary for the Commission to produce-- 12 (i) the instrument of title to the relevant land; or 13 (ii) the duplicate and triplicate of the instrument creating the 14 easement; and 15 (b) the registering authority may make any necessary entries on a 16 document mentioned in paragraph (a) when the document is next 17 produced to the registering authority. 18 `Division 6--Updated references 19 to Commission, etc. 20 `References `455.(1) This section applies to an Act, statutory instrument or document 21 (the "relevant instrument") that-- 22 (a) was enacted or made before the commencement of the 1984 Act 23 and 24 (b) was in force immediately before the commencement. 25 `(2) This section has effect on and after the commencement of the 1984 26 Act. 27 `(3) A reference in a relevant instrument to-- 28 (a) The State Electricity Commission of Queensland; or 29

87 Electricity Amendment (b) The Queensland Electricity Generating Board; 1 is to be read as a reference to the Queensland Electricity Commission. 2 `(4) A reference in a relevant instrument to the State Electricity 3 Commissioner is to be read as a reference to the Electricity Commissioner. 4 `(5) A reference in a relevant instrument to the Deputy State Electricity 5 Commissioner is to be read as a reference to the Deputy Electricity 6 Commissioner. 7 to new Acts to include references to repealed Acts 8 `References `456.(1) If reference is made in this Act to property of Queensland 9 Railways constructed or used by Queensland Railways, the reference 10 includes property of Queensland Railways that was constructed or used by 11 the Commissioner for Railways. 12 `(2) If reference is made under this Act to an apprenticeship or course of 13 instruction under the Vocational Education, Training and Employment Act 14 1991, the reference includes an apprenticeship or course of instruction 15 under-- 16 (a) the Employment, Vocational Education and Training Act 1988; 17 or 18 (b) the Industry and Commerce Training Act 1979; or 19 (c) the Apprenticeship Act 1964. 20 `Division 7--Saving of statutory instruments, certificates and licences 21 statutory instruments 22 `Existing `457.(1) If-- 23 (a) immediately before the commencement of the 1993 Act, 24 provision had been made with respect to a matter by a statutory 25 instrument other than a regulation; and 26 (b) after the commencement, provision may be made with respect to 27 the matter by regulation; 28 the statutory instrument continues to have effect, and may be repealed or 29

88 Electricity Amendment amended, as if it were a regulation. 1 `(2) An order in council in force under section 381B immediately before 2 the commencement of section 99 of the 1993 Act, continues to have effect 3 after the commencement, and may be repealed or amended, as if it were a 4 rule. 5 certificates of competency continue until expiry 6 `Existing `458. A certificate of competency that was in force immediately before 7 the commencement of section 85 of the 1993 Act continues in force until 8 5 years from the commencement. 9 licences continue until expiry 10 `Existing `459. If an electrical contractor's licence in force immediately before the 11 commencement of section 88 of the 1993 Act was granted for a period 12 longer than 1 year, the licence continues in force, subject to the Act, until it 13 expires. 14 8--Transfer of funds 15 `Division held in Electricity Fund and Electricity Works Fund 16 `Funds `460. On the commencement of section 19 of the 1993 Act, each amount 17 held in the Electricity Fund or the Electricity Works Fund immediately 18 before the commencement-- 19 (a) is an amount belonging to the Commission; and 20 (b) is to be accounted for in the departmental accounts of the 21 Commission. 22 Funds held in Trust Fund 23 ` `461. On the commencement of this section, the amount held in a Trust 24 Fund by an Electricity Board under section 229 (as in force immediately 25 before the commencement) is to be paid into the trust account maintained 26 by the Electricity Board under section 227.'. 27

89 Electricity Amendment of Schedule 2 (Preliminary powers and vesting and further 1 Omission transitional provisions) 2 Schedule 2-- 3 Clause122. omit. 4 of Schedule 5 (Existing superannuation and provident 5 Amendment funds and rights of contributors thereto) 6 Clause123. Schedule 5 (heading)-- 7 omit, insert-- 8 `EXISTING SUPERANNUATION AND PROVIDENT 9 FUNDS AND RIGHTS OF CONTRIBUTORS'. 10 Repeal of amending Acts 11 Clause124. The following Acts are repealed-- 12 (a) Electricity Act Amendment Act 1980; 13 (b) Electricity Act Amendment Act 1984; 14 (c) Electricity Act Amendment Act 1988. 15 16 © State of Queensland 1993

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