South Australian Consolidated Acts South Australian Consolidated ActsNotes
• This version is comprised of the following:
|
Part 1 |
1.7.2009 |
|
Part 2 |
22.10.2009 |
|
Part 3 |
1.7.2009 |
|
Part 4 |
1.7.2009 |
|
Part 5 |
1.9.2007 |
|
Part 5A |
1.9.2007 |
|
Part 6 |
1.9.2007 |
|
Part 7 |
1.9.2007 |
|
Part 8 |
1.9.2007 |
|
Part 9 |
3.9.2009 |
|
Schedules |
1.9.2007 |
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation amended by principal Act
The Electricity Act 1996 amended the following:
Electricity Corporations Act 1994
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1996 |
96 |
19.12.1996 |
1.1.1997 (Gazette 19.12.1996 p1922) |
|
|
1997 |
62 |
Electricity (Vegetation Clearance) Amendment Act 1997 |
7.8.1997 |
1.1.1998 (Gazette 27.11.1997 p1426) |
|
1997 |
71 |
Electricity (Miscellaneous) Amendment Act 1997 |
18.12.1997 |
5.3.1998 (Gazette 5.3.1998 p1062) |
|
1999 |
60 |
Electricity (Miscellaneous) Amendment Act 1999 |
19.8.1999 |
11.10.1999 (Gazette 30.9.1999 p1341) except ss 4(e), 15 &
16—19.8.1999 (Gazette 19.8.1999 p882) |
|
1999 |
74 |
Statutes Amendment (Electricity) Act 1999 |
25.11.1999 |
Pt 2 (s 4)—11.10.1999: s 2(3) |
|
2000 |
4 |
District Court (Administrative and Disciplinary Division) Amendment
Act 2000 |
20.4.2000 |
Sch 1 (cl 12)—1.6.2000 (Gazette 18.5.2000
p2554) |
|
2000 |
51 |
Electricity (Pricing Order and Cross-ownership) Amendment
Act 2000 |
20.7.2000 |
20.7.2000 |
|
2002 |
19 |
Electricity (Miscellaneous) Amendment Act 2002 |
12.9.2002 |
12.9.2002 except ss 3(c), (d), (f), 7—9, 10(a), (b), (d),
11(a)—(d), (f), 12, 17, 19—21, 24(b) & 25—1.1.2003
(Gazette 12.9.2002 p3384) and except ss 10(c) &
11(e)—1.7.2003 (Gazette 26.6.2003 p2810) |
|
2003 |
2 |
Electricity (Pricing Order) Amendment Act 2003 |
17.4.2003 |
17.4.2003 |
|
2003 |
9 |
Statutes Amendment (Gas and Electricity) Act 2003 |
12.6.2003 |
Pt 4 (s 74)—1.7.2003 (Gazette 26.6.2003
p2812) |
|
2004 |
30 |
29.7.2004 |
Sch 1 (cl 1)—25.11.2004 (Gazette 25.11.2004
p4406) |
|
|
2004 |
36 |
Statutes Amendment (Electricity and Gas) Act 2004 |
5.8.2004 |
Pt 2 (ss 4—6)—19.8.2004 except new s 36AA(4a)(d)
& (e) (as inserted by s 6(1)) and s 6(2)—1.7.2005
(Gazette 19.8.2004 p3279) |
|
2005 |
40 |
14.7.2005 |
Sch 6 (cll 4 & 5)—1.10.2005 (Gazette 29.9.2005
p3547) |
|
|
2006 |
21 |
Statutes Amendment (Electricity and Gas) Act 2006 |
5.10.2006 |
Pt 2 (ss 4—17) & Sch 1—1.9.2007 (Gazette
19.4.2007 p1233) |
|
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 10 (ss 42—44)—1.4.2007 (Gazette 29.3.2007
p930) |
|
2008 |
1 |
Electricity (Feed-In Scheme—Solar Systems) Amendment Act
2008 |
21.2.2008 |
1.7.2008 (Gazette 19.6.2008 p2381) |
|
2009 |
19 |
Statutes Amendment (Energy Efficiency Shortfalls) Act 2009 |
4.6.2009 |
Pt 2 (s 4)—3.9.2009 (Gazette 3.9.2009
p4368) |
|
2009 |
29 |
Statutes Amendment (Public Health Incidents and Emergencies) Act
2009 |
25.6.2009 |
Pt 2 (s 3)—25.6.2009 |
|
2009 |
32 |
Statutes Amendment (Australian Energy Market Operator) Act
2009 |
25.6.2009 |
Pt 3 (ss 15—23) & Sch 1 (cll 1—13 &
28—30)—1.7.2009 (Gazette 25.6.2009 p3001) |
|
2009 |
45 |
Statutes Amendment (Electricity and Gas—Information Management
and Retailer of Last Resort) Act 2009 |
22.10.2009 |
Pt 2 (s 4)—22.10.2009: s 2 except
s 5—uncommenced |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended by 60/1999 s 3 |
11.10.1999 |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.7.2003 |
|
s 4 |
|
|
|
s 4(1) |
s 4 redesignated as s 4(1) by 60/1999 s 4(l) |
11.10.1999 |
|
access |
deleted by 60/1999 s 4(a) |
11.10.1999 |
|
inserted by 32/2009 s 15 |
1.7.2009 |
|
|
inserted by 19/2002 s 3(a) |
12.9.2002 |
|
|
inserted by 19/2002 s 3(b) |
12.9.2002 |
|
|
contestable customer |
substituted by 71/1997 s 3(a) |
5.3.1998 |
|
|
deleted by 19/2002 s 3(c) |
1.1.2003 |
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
|
inserted by 62/1997 s 3(a) |
1.1.1998 |
|
|
cross-ownership rules |
inserted by 60/1999 s 4(b) |
11.10.1999 |
|
|
deleted by 19/2002 s 3(d) |
1.1.2003 |
|
substituted by 60/1999 s 4(b) |
11.10.1999 |
|
|
inserted by 21/2006 s 4(1) |
1.9.2007 |
|
|
amended by 71/1997 s 3(b) |
5.3.1998 |
|
|
|
amended by 21/2006 s 4(2), (3) |
1.9.2007 |
|
amended by 60/1999 s 4(c) |
11.10.1999 |
|
|
|
amended by 21/2006 s 4(4) |
1.9.2007 |
|
amended by 60/1999 s 4(d) |
11.10.1999 |
|
|
inserted by 41/2006 s 42(1) |
1.4.2007 |
|
|
inserted by 21/2006 s 4(5) |
1.9.2007 |
|
|
Industry Regulator |
inserted by 60/1999 s 4(e) |
19.8.1999 |
|
|
deleted by 19/2002 s 3(e) |
12.9.2002 |
|
National Electricity Code |
substituted by 60/1999 s 4(f) |
11.10.1999 |
|
|
deleted by 21/2006 Sch 1 |
1.9.2007 |
|
National Electricity Rules |
inserted by 21/2006 Sch 1 |
1.9.2007 |
|
National Electricity (South Australia) Law |
inserted by 60/1999 s 4(f) |
11.10.1999 |
|
non-contestable customer |
deleted by 19/2002 s 3(f) |
1.1.2003 |
|
substituted by 62/1997 s 3(b) |
1.1.1998 |
|
|
|
amended by 60/1999 s 4(g) |
11.10.1999 |
|
Pricing Regulator |
inserted by 71/1997 s 3(c) |
5.3.1998 |
|
|
deleted by 60/1999 s 4(h) |
11.10.1999 |
|
amended by 60/1999 s 4(i) |
11.10.1999 |
|
|
inserted by 19/2002 s 3(g) |
12.9.2002 |
|
|
amended by 60/1999 s 4(j) |
11.10.1999 |
|
|
telecommunica-tions |
inserted by 60/1999 s 4(k) |
11.10.1999 |
|
transmission or distribution system |
amended by 71/1997 s 3(d) |
5.3.1998 |
|
inserted by 62/1997 s 3(c) |
1.1.1998 |
|
|
s 4 |
|
|
|
s 4(2) |
inserted by 60/1999 s 4(l) |
11.10.1999 |
|
s 4(3) |
inserted by 41/2006 s 42(2) |
1.4.2007 |
|
s 5 |
|
|
|
s 5(3) |
amended by 60/1999 s 5 |
11.10.1999 |
|
s 6 |
substituted by 60/1999 s 6 |
11.10.1999 |
|
Pt 2 |
|
|
|
Pt 2 Div 1 |
inserted by 60/1999 s 7 |
11.10.1999 |
|
|
heading amended by 19/2002 Sch |
12.9.2002 |
|
s 6A |
|
|
|
s 6A(1) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 6A(2) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 6A(3) and (4) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
Pt 2 Div 2 |
inserted by 71/1997 s 6 |
5.3.1998 |
|
|
deleted by 60/1999 s 15 |
19.8.1999 |
|
Pt 2 Div 2 before deletion by 32/2009 |
inserted by 60/1999 s 7 |
11.10.1999 |
|
s 6E |
|
|
|
s 6E(1) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 6F |
|
|
|
s 6F(2) |
amended by 41/2006 s 43 |
1.4.2007 |
|
s 6G |
|
|
|
s 6G(5) |
amended by 19/2002 s 4 |
12.9.2002 |
|
s 6L |
substituted by 41/2006 s 44 |
1.4.2007 |
|
s 6LA |
inserted by 41/2006 s 44 |
1.4.2007 |
|
s 6N |
inserted by 19/2002 s 5 |
12.9.2002 |
|
s 6N(1) |
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 6O |
inserted by 19/2002 s 5 |
12.9.2002 |
|
Pt 2 Div 2 |
deleted by 32/2009 s 16 |
1.7.2009 |
|
Pt 2 Div 3 |
Div 1 heading inserted by 71/1997 s 4 |
5.3.1998 |
|
|
Div 1 heading deleted and Div 3 heading inserted by 60/1999
s 8 |
11.10.1999 |
|
s 7 |
|
|
|
s 7(2) |
amended by 60/1999 s 9 |
11.10.1999 |
|
s 8 |
substituted by 60/1999 s 10 |
11.10.1999 |
|
|
amended by 32/2009 s 17(1)—(3) |
1.7.2009 |
|
s 10 |
|
|
|
s 10(1) |
amended by 60/1999 s 11(a) |
11.10.1999 |
|
s 10(2) |
amended by 60/1999 s 11(b) |
11.10.1999 |
|
s 11 |
|
|
|
s 11(1) |
amended by 60/1999 s 12(a) |
11.10.1999 |
|
s 11(1a) |
inserted by 71/1997 s 5 |
5.3.1998 |
|
|
amended by 60/1999 s 12(b) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
substituted by 45/2009 s 4 |
22.10.2009 |
|
ss 12 and 13 |
deleted by 60/1999 s 13 |
11.10.1999 |
|
s 14 |
|
|
|
s 14(1) |
amended by 60/1999 s 14(a) |
11.10.1999 |
|
s 14(2) |
deleted by 60/1999 s 14(b) |
11.10.1999 |
|
Pt 2 Div 4 |
inserted by 60/1999 s 15 |
19.8.1999 |
|
ss 14A and 14C |
amended by 19/2002 Sch |
12.9.2002 |
|
Pt 3 |
|
|
|
Pt 3 Div A1 |
inserted by 60/1999 s 16 |
19.8.1999 |
|
s 14D |
amended by 19/2002 Sch |
12.9.2002 |
|
Pt 3 Div 1 |
|
|
|
s 15 |
|
|
|
s 15(1) |
amended by 60/1999 s 17(a) |
11.10.1999 |
|
|
amended by 19/2002 s 6 |
12.9.2002 |
|
s 15(2) |
amended by 60/1999 s 17(b) |
11.10.1999 |
|
s 15(3) |
inserted by 60/1999 s 17(c) |
11.10.1999 |
|
|
substituted by 32/2009 s 18 |
1.7.2009 |
|
s 16 |
|
|
|
s 16(1) |
amended by 60/1999 s 18(a), (b) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 16(2) |
amended by 60/1999 s 18(c) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 16(3) |
amended by 60/1999 s 18(d), (e) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 16(4) |
amended by 60/1999 s 18(f) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 17 |
|
|
|
s 17(1) |
amended by 60/1999 s 19(a) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 17(2) |
amended by 60/1999 s 19(b)—(d) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
(ab) deleted by 19/2002 s 7 |
1.1.2003 |
|
s 17(3) |
amended by 60/1999 s 19(e) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 17(4) |
amended by 60/1999 s 19(f)—(i) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 17(5) |
amended by 60/1999 s 19(j), (k) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 17A |
inserted by 60/1999 s 20 |
11.10.1999 |
|
s 17A(2) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 19 |
substituted by 60/1999 s 21 |
11.10.1999 |
|
s 20 |
|
|
|
s 20(1) |
amended by 60/1999 s 22(a), (b) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 20(2) |
amended by 60/1999 s 22(c) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 20(3) |
substituted by 60/1999 s 22(d) |
11.10.1999 |
|
s 20(4) |
amended by 60/1999 s 22(e) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 20(5) |
amended by 60/1999 s 22(f) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 20(7) |
|
|
|
administrative costs |
inserted by 60/1999 s 22(g) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 32/2009 s 19 |
1.7.2009 |
|
s 21 |
amended by 71/1997 s 7 |
5.3.1998 |
|
|
substituted by 60/1999 s 23 |
11.10.1999 |
|
s 21(1) |
amended by 19/2002 s 8(a) |
1.1.2003 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
(d) deleted by 19/2002 s 8(b) |
1.1.2003 |
|
s 21(2) |
amended by 19/2002 s 8(c) |
1.1.2003 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 21(3) |
amended by 19/2002 s 8(d) |
1.1.2003 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 21(4) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 22 |
substituted by 60/1999 s 23 |
11.10.1999 |
|
s 22(1) |
amended by 19/2002 s 9 |
1.1.2003 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 32/2009 s 20 |
1.7.2009 |
|
s 23 |
substituted by 60/1999 s 23 |
11.10.1999 |
|
s 23(1) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 19/2002 s 10(a), (b), (d) |
1.1.2003 |
|
|
amended by 19/2002 s 10(c) |
1.7.2003 |
|
|
amended by 32/2009 s 21 |
1.7.2009 |
|
s 23(3) |
amended by 36/2004 s 4 |
19.8.2004 |
|
|
amended by 45/2009 s 5 |
uncommenced—not incorporated |
|
s 23(5a) and (5b) |
inserted by 19/2002 s 10(e) |
12.9.2002 |
|
s 24 |
substituted by 60/1999 s 23 |
11.10.1999 |
|
s 24(1) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
deleted by 19/2002 s 11(a) |
1.1.2003 |
|
s 24(2) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 19/2002 s 11(b), (c), (d) |
1.1.2003 |
|
|
(f) and (g) deleted by 19/2002 s 11(d) |
1.1.2003 |
|
|
amended by 19/2002 s 11(e) |
1.7.2003 |
|
|
amended by 36/2004 s 5(1), (2) |
19.8.2004 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 24(3) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
deleted by 19/2002 s 11(f) |
1.1.2003 |
|
s 24A |
inserted by 60/1999 s 23 |
11.10.1999 |
|
s 24A(1) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 19/2002 s 12 |
1.1.2003 |
|
s 24B |
inserted by 60/1999 s 23 |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 25 |
|
|
|
s 25(1) |
amended by 60/1999 s 24(a) |
11.10.1999 |
|
|
amended by 19/2002 s 13(a) |
12.9.2002 |
|
s 25(2) |
amended by 60/1999 s 24(b) |
11.10.1999 |
|
|
substituted by 19/2002 s 13(b) |
12.9.2002 |
|
s 26 |
deleted by 60/1999 s 25 |
11.10.1999 |
|
s 27 |
|
|
|
s 27(1) |
substituted by 60/1999 s 26 |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 28 |
substituted by 60/1999 s 27 |
11.10.1999 |
|
s 28(1)—(6) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 28A |
inserted by 60/1999 s 27 |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 28B |
inserted by 60/1999 s 27 |
11.10.1999 |
|
s 28B(1) and (2) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 29 |
|
|
|
s 29(1)—(3) |
amended by 60/1999 s 28 |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 30 |
|
|
|
s 30(1) |
amended by 60/1999 s 29(a) |
11.10.1999 |
|
|
amended by 19/2002 s 14, Sch |
12.9.2002 |
|
s 30(3) |
amended by 60/1999 s 29(b) |
11.10.1999 |
|
Pt 3 Div 2 |
|
|
|
s 31 |
substituted by 60/1999 s 30 |
11.10.1999 |
|
s 31(6) |
amended by 21/2006 Sch 1 |
1.9.2007 |
|
ss 32 and 33 |
deleted by 60/1999 s 30 |
11.10.1999 |
|
Pt 3 Div 2A |
inserted by 71/1997 s 8 |
5.3.1998 |
|
|
substituted by 60/1999 s 31 |
11.10.1999 |
|
s 35A |
|
|
|
s 35A(1) |
amended by 19/2002 s 15(a), (b), Sch |
12.9.2002 |
|
|
amended by 2/2003 s 2 |
17.4.2003 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 35A(2) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 35A(3) |
amended by 2/2003 s 2 |
17.4.2003 |
|
s 35A(4) |
substituted by 19/2002 s 15(c) |
12.9.2002 |
|
s 35B |
|
|
|
s 35B(4) and (5) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 35B(7) |
amended by 74/1999 s 4 |
11.10.1999 |
|
s 35B(10a) |
inserted by 51/2000 s 2 |
20.7.2000 |
|
|
amended by 2/2003 s 3 |
17.4.2003 |
|
s 35B(12) and (13) |
amended by 19/2002 Sch |
12.9.2002 |
|
Pt 3 Div 3 |
heading amended by 60/1999 s 32 |
11.10.1999 |
|
s 36 |
|
|
|
s 36(1) |
amended by 60/1999 s 33(a) |
11.10.1999 |
|
|
amended by 19/2002 s 16 |
12.9.2002 |
|
s 36(2) |
amended by 60/1999 s 33(b) |
11.10.1999 |
|
|
amended by 9/2003 s 74(1) |
1.7.2003 |
|
s 36(2a) |
inserted by 9/2003 s 74(2) |
1.7.2003 |
|
s 36(3) |
amended by 60/1999 s 33(c) |
11.10.1999 |
|
|
amended by 9/2003 s 74(3) |
1.7.2003 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 36(5) |
inserted by 9/2003 s 74(4) |
1.7.2003 |
|
Pt 3 Div 3AA |
inserted by 19/2002 s 17 |
1.1.2003 |
|
s 36AA |
may expire by proclamation: s 36AA(7) |
|
|
s 36AA(4a) |
inserted by 36/2004 s 6(1) |
19.8.2004 except (d) and (e)—1.7.2005 |
|
s 36AA(6) |
|
|
|
standing contract price |
substituted by 36/2004 s 6(2) |
1.7.2005 |
|
s 36AA(7) |
substituted by 36/2004 s 6(3) |
19.8.2004 |
|
Pt 3 Div 3AB |
inserted by 1/2008 s 4 |
1.7.2008 |
|
Pt 3 Div 3A |
inserted by 60/1999 s 34 |
11.10.1999 |
|
Pt 3 Div 4 |
|
|
|
s 37 |
|
|
|
s 37(1) |
amended by 60/1999 s 35(a)—(c) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 37(2) |
amended by 60/1999 s 35(d) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 37(3) |
amended by 60/1999 s 35(e) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
Pt 3 Div 5 |
heading amended by 60/1999 s 36 |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 38 |
|
|
|
s 38(1) |
amended by 60/1999 s 37(a), (b) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 38(2) |
amended by 60/1999 s 37(c) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 38(3) |
amended by 60/1999 s 37(d) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 39 |
|
|
|
s 39(1) |
amended by 60/1999 s 38(a) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 39(2a) |
inserted by 60/1999 s 38(b) |
11.10.1999 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 39(5) |
amended by 60/1999 s 38(c) |
11.10.1999 |
|
s 39(6) |
amended by 60/1999 s 38(d) |
11.10.1999 |
|
Pt 3 Div 6 |
deleted by 60/1999 s 39 |
11.10.1999 |
|
Pt 4 |
|
|
|
s 41 |
|
|
|
s 41(1) |
amended by 60/1999 s 40 |
11.10.1999 |
|
s 43 |
|
|
|
s 43(2) |
amended by 60/1999 s 41(a) |
11.10.1999 |
|
s 43(3) |
amended by 60/1999 s 41(b) |
11.10.1999 |
|
s 45 |
|
|
|
s 45(1) |
amended by 60/1999 s 42(a) |
11.10.1999 |
|
s 45(2) |
amended by 60/1999 s 42(b) |
11.10.1999 |
|
s 45(3) |
amended by 60/1999 s 42(c), (d) |
11.10.1999 |
|
s 47 |
|
|
|
s 47(2a) |
inserted by 60/1999 s 43(a) |
11.10.1999 |
|
s 47(11) and (12) |
deleted by 60/1999 s 43(b) |
11.10.1999 |
|
s 48 |
|
|
|
s 48(1) |
deleted by 60/1999 s 44(a) |
11.10.1999 |
|
s 48(2) |
amended by 60/1999 s 44(b) |
11.10.1999 |
|
s 48(4) |
amended by 60/1999 s 44(c) |
11.10.1999 |
|
s 48(5) |
deleted by 60/1999 s 44(d) |
11.10.1999 |
|
s 48(7) |
amended by 60/1999 s 44(e) |
11.10.1999 |
|
s 48A |
inserted by 60/1999 s 45 |
11.10.1999 |
|
s 50 |
amended by 60/1999 s 46 |
11.10.1999 |
|
s 53 |
|
|
|
s 53(2) |
amended by 60/1999 s 47 |
11.10.1999 |
|
|
amended by 40/2005 Sch 6 cl 4 |
1.10.2005 |
|
s 54 |
amended by 30/2004 Sch 1 cl 1 |
25.11.2004 |
|
|
amended by 40/2005 Sch 6 cl 5(1), (2) |
1.10.2005 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
|
amended by 29/2009 s 3 |
25.6.2009 |
|
Pt 5 |
|
|
|
Pt 5 Div 1 |
heading inserted by 62/1997 s 4 |
1.1.1998 |
|
s 55 |
|
|
|
s 55(1) |
amended by 62/1997 s 5(a) |
1.1.1998 |
|
s 55(1a) |
inserted by 62/1997 s 5(b) |
1.1.1998 |
|
s 55(3) |
amended by 62/1997 s 5(c) |
1.1.1998 |
|
s 55(4)—(6) |
substituted by 62/1997 s 5(d) |
1.1.1998 |
|
Pt 5 Div 2 |
inserted by 62/1997 s 6 |
1.1.1998 |
|
Pt 5 Div 3 |
heading inserted by 62/1997 s 7 |
1.1.1998 |
|
s 56 |
|
|
|
s 56(1) |
amended by 62/1997 s 8 |
1.1.1998 |
|
s 57 |
|
|
|
s 57(1) |
amended by 62/1997 s 9(a), (b) |
1.1.1998 |
|
s 57(2) |
amended by 62/1997 s 9(c) |
1.1.1998 |
|
|
amended by 21/2006 s 5 |
1.9.2007 |
|
s 57(2a) |
inserted by 62/1997 s 9(d) |
1.1.1998 |
|
s 57(3) |
amended by 62/1997 s 9(e) |
1.1.1998 |
|
s 57(4) |
amended by 62/1997 s 9(f) |
1.1.1998 |
|
s 57(5) |
amended by 62/1997 s 9(g) |
1.1.1998 |
|
s 57(7) |
inserted by 62/1997 s 9(h) |
1.1.1998 |
|
s 58 |
|
|
|
s 58(1) |
amended by 60/1999 s 48 |
11.10.1999 |
|
s 58(2) |
amended by 62/1997 s 10 |
1.1.1998 |
|
|
amended by 21/2006 s 6 |
1.9.2007 |
|
Pt 5A |
inserted by 60/1999 s 49 |
11.10.1999 |
|
Pt 6 |
|
|
|
s 59 |
|
|
|
s 59(1) |
amended by 60/1999 s 50 |
11.10.1999 |
|
|
substituted by 21/2006 s 7(1) |
1.9.2007 |
|
s 59(1a)—(1g) |
inserted by 21/2006 s 7(1) |
1.9.2007 |
|
s 59(3) |
substituted by 21/2006 s 7(2) |
1.9.2007 |
|
s 59(4) and (5) |
inserted by 21/2006 s 7(2) |
1.9.2007 |
|
s 60 |
|
|
|
s 60(1) |
amended by 60/1999 s 51 |
11.10.1999 |
|
s 60A |
inserted by 21/2006 s 8 |
1.9.2007 |
|
s 61 |
|
|
|
s 61(1) |
amended by 60/1999 s 52(a) |
11.10.1999 |
|
|
amended by 21/2006 s 9(1) |
1.9.2007 |
|
s 61(2) |
substituted by 60/1999 s 52(b) |
11.10.1999 |
|
|
amended by 21/2006 s 9(2) |
1.9.2007 |
|
s 61(3) |
deleted by 60/1999 s 52(b) |
11.10.1999 |
|
|
inserted by 21/2006 s 9(3) |
1.9.2007 |
|
s 61(4) |
inserted by 21/2006 s 9(3) |
1.9.2007 |
|
s 61A |
inserted by 21/2006 s 10 |
1.9.2007 |
|
s 62 |
|
|
|
s 62(1) |
amended by 21/2006 s 11(1), (2) |
1.9.2007 |
|
s 62(2) |
amended by 60/1999 s 53(a) |
11.10.1999 |
|
|
amended by 21/2006 s 11(3), (4) |
1.9.2007 |
|
s 62(4) |
amended by 60/1999 s 53(b) |
11.10.1999 |
|
ss 62A and 62B |
inserted by 21/2006 s 12 |
1.9.2007 |
|
s 63 |
amended by 21/2006 s 13 |
1.9.2007 |
|
Pt 7 |
|
|
|
Pt 7 Div A1 |
inserted by 19/2002 s 18 |
12.9.2002 |
|
Pt 7 Div A2 |
inserted by 19/2002 s 18 |
12.9.2002 |
|
Pt 7 Div 1 |
|
|
|
s 64 |
|
|
|
s 64(1) |
amended by 60/1999 s 54(a) |
11.10.1999 |
|
s 64(3) |
substituted by 60/1999 s 54(b) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 64(4) |
inserted by 60/1999 s 54(b) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 19/2002 s 19 |
1.1.2003 |
|
s 65 |
|
|
|
s 65(3) and (4) |
amended by 60/1999 s 55 |
11.10.1999 |
|
s 66 |
|
|
|
s 66(1) |
amended by 60/1999 s 56(a) |
11.10.1999 |
|
s 66(3) |
amended by 60/1999 s 56(b), (c) |
11.10.1999 |
|
Pt 7 Div 2 |
|
|
|
s 69 |
|
|
|
s 69(2) |
amended by 60/1999 s 57(a) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 69(4) |
amended by 60/1999 s 57(b) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 70 |
|
|
|
s 70(3) |
amended by 60/1999 s 58 |
11.10.1999 |
|
s 71 |
|
|
|
s 71(3) |
amended by 60/1999 s 59 |
11.10.1999 |
|
s 72 |
|
|
|
s 72(1) |
amended by 21/2006 s 14(1), (2) |
1.9.2007 |
|
s 72(2) |
amended by 60/1999 s 60(a) |
11.10.1999 |
|
|
amended by 21/2006 s 14(3), (4) |
1.9.2007 |
|
s 72(4) |
amended by 60/1999 s 60(b) |
11.10.1999 |
|
s 73 |
|
|
|
s 73(3) |
amended by 60/1999 s 61 |
11.10.1999 |
|
Pt 8 |
amended by 62/1997 s 11 |
1.1.1998 |
|
|
substituted by 60/1999 s 62 |
11.10.1999 |
|
s 74 |
deleted by 19/2002 Sch |
12.9.2002 |
|
s 75 |
|
|
|
s 75(1) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
(c) deleted by 19/2002 s 20(a) |
1.1.2003 |
|
s 75(2) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
(e)(ii) deleted by 19/2002 s 20(b) |
1.1.2003 |
|
s 75(3)—(7) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 76 |
|
|
|
s 76(1) |
amended by 4/2000 s 9(1) (Sch 1 cl 12(a)) |
1.6.2000 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
s 76(2) |
amended by 4/2000 s 9(1) (Sch 1 cl 12(b)) |
1.6.2000 |
|
s 76(3) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 76(4) |
deleted by 4/2000 s 9(1) (Sch 1 cl 12(c)) |
1.6.2000 |
|
s 76(5) |
substituted by 4/2000 s 9(1) (Sch 1 cl 12(d)) |
1.6.2000 |
|
Pt 9 |
|
|
|
s 80 |
substituted by 60/1999 s 63 |
11.10.1999 |
|
s 80(1) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 19/2002 s 21 |
1.1.2003 |
|
s 80(1a) |
inserted by 21/2006 s 15(1) |
1.9.2007 |
|
s 80(2) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
substituted by 21/2006 s 15(1) |
1.9.2007 |
|
s 80(3) |
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 21/2006 s 15(2) |
1.9.2007 |
|
s 80A |
inserted by 60/1999 s 63 |
11.10.1999 |
|
s 80A(1) |
amended by 19/2002 Sch |
12.9.2002 |
|
s 81 |
amended by 60/1999 s 64 |
11.10.1999 |
|
s 81A |
inserted by 60/1999 s 65 |
11.10.1999 |
|
s 82 |
|
|
|
s 82(1) |
amended by 62/1997 s 12(a) |
1.1.1998 |
|
s 82(3) |
amended by 62/1997 s 12(b) |
1.1.1998 |
|
s 83 |
|
|
|
s 83(1) |
amended by 62/1997 s 13(a) |
1.1.1998 |
|
s 83(6) |
amended by 62/1997 s 13(b) |
1.1.1998 |
|
s 85 |
|
|
|
s 85(2) |
amended by 21/2006 s 16 |
1.9.2007 |
|
s 90 |
amended by 60/1999 s 66 |
11.10.1999 |
|
s 91 |
amended by 71/1997 s 9 |
5.3.1998 |
|
|
amended by 60/1999 s 67 |
11.10.1999 |
|
|
amended by 19/2002 s 22, Sch |
12.9.2002 |
|
|
amended by 32/2009 s 22 |
1.7.2009 |
|
s 94 |
|
|
|
s 94(1) |
amended by 60/1999 s 68 |
11.10.1999 |
|
s 94A |
inserted by 19/2002 s 23 |
12.9.2002 |
|
s 94B |
inserted by 19/2009 s 4 |
3.9.2009 |
|
s 95 |
|
|
|
s 95(1) |
amended by 60/1999 s 69 |
11.10.1999 |
|
s 96 |
|
|
|
s 96(2) |
amended by 62/1997 s 14 |
1.1.1998 |
|
|
amended by 60/1999 s 70(a), (b) |
11.10.1999 |
|
|
amended by 19/2002 s 24(a), Sch |
12.9.2002 |
|
s 96(3) |
amended by 60/1999 s 70(c) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 19/2002 s 24(b) |
1.1.2003 |
|
s 96(3a) |
inserted by 60/1999 s 70(d) |
11.10.1999 |
|
|
amended by 19/2002 s 24(c) |
12.9.2002 |
|
s 97 |
|
|
|
s 97(2) |
amended by 60/1999 s 71 |
11.10.1999 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 98 |
|
|
|
s 98(2) |
amended by 60/1999 s 72(a), (c) |
11.10.1999 |
|
|
(d) deleted by 60/1999 s 72(b) |
11.10.1999 |
|
|
(d) inserted by 32/2009 s 23 |
1.7.2009 |
|
s 98(2a) |
inserted by 60/1999 s 72(d) |
11.10.1999 |
|
s 98(2b) |
inserted by 60/1999 s 72(d) |
11.10.1999 |
|
|
deleted by 19/2002 s 25 |
1.1.2003 |
|
s 98(2c) |
inserted by 60/1999 s 72(d) |
11.10.1999 |
|
|
amended by 21/2006 Sch 1 |
1.9.2007 |
|
s 98(3) |
amended by 60/1999 s 72(e) |
11.10.1999 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
amended by 21/2006 s 17 |
1.9.2007 |
|
Sch 1 |
substituted by 60/1999 s 73 |
11.10.1999 |
|
|
amended by 51/2000 s 3 |
20.7.2000 |
|
|
amended by 19/2002 Sch |
12.9.2002 |
|
|
expired: Sch 1 cl 2(2)—omitted under Legislation
Revision and Publication Act 2002 |
(31.12.2002) |
|
Sch 1A |
inserted by 60/1999 s 73 |
11.10.1999 |
|
Sch 2 |
|
|
|
cl 2 |
amended by 71/1997 s 10 |
5.3.1998 |
|
|
deleted by 60/1999 s 74 |
11.10.1999 |
Transitional etc provisions associated with Act or
amendments
Electricity (Pricing Order and Cross-ownership)
Amendment Act 2000
4—Exclusion of Crown liability in
relation to electricity pricing order
(1) No liability (including contractual liability) is incurred by the
Crown in connection with the variation of the electricity pricing order notified
in the Gazette on 11 October 1999 at page 1471.
(2) In this section—
Crown includes a Minister of the Crown, an instrumentality of
the Crown or an officer or employee of the Crown or an instrumentality of the
Crown, but does not include a contractor, or an officer or employee of a
contractor, engaged by the Crown.
Electricity (Pricing Order) Amendment
Act 2003
4—Exclusion of Crown liability in
relation to electricity pricing order
(1) No liability (including contractual liability) is incurred by the
Crown in connection with the further variation of the electricity pricing order
notified in the Gazette on 11 October 1999 at page 1471.
(2) In this section—
Crown includes a Minister of the Crown, an instrumentality of
the Crown or an officer or employee of the Crown or an instrumentality of the
Crown, but does not include a contractor, or an officer or employee of a
contractor, engaged by the Crown.
Statutes Amendment (Public Sector Employment) Act
2006, Sch 1—Transitional provisions
Note—
Also see Statutes Amendment (Public Sector Employment) (Transitional
Provisions) Regulations 2007.
In this Part, unless the contrary intention appears—
Commonwealth Act means the Workplace Relations
Act 1996 of the Commonwealth;
employing authority means—
(a) subject to paragraph (b)—the person who is the employing
authority under a relevant Act;
(b) in a case that relates to employment under the Fire and Emergency
Services Act 2005—the Chief Executive of the South Australian
Fire and Emergency Services Commission, or the Chief Officer of an emergency
services organisation under that Act, as the case requires;
Industrial Commission means the Industrial Relations
Commission of South Australia;
prescribed body means—
(a) the Aboriginal Lands Trust;
(b) the Adelaide Cemeteries Authority;
(c) the Adelaide Festival Centre Trust;
(d) the Adelaide Festival Corporation;
(e) SA Ambulance Service Inc;
(f) the Minister to whom the administration of the Children's Services
Act 1985 is committed;
(g) the Minister to whom the administration of the Education
Act 1972 is committed;
(h) the Electricity Supply Industry Planning Council;
(i) a body constituted under the Fire and Emergency Services
Act 2005;
(j) the History Trust of South Australia;
(k) the Institute of Medical and Veterinary Science;
(l) a regional NRM board constituted under the Natural Resources
Management Act 2004;
(m) the Senior Secondary Assessment Board of South Australia;
(n) the South Australian Country Arts Trust;
(o) the South Australian Film Corporation;
(p) the South Australian Health Commission;
(q) an incorporated hospital under the South Australian Health
Commission Act 1976;
(r) an incorporated health centre under the South Australian Health
Commission Act 1976;
(s) the South Australian Motor Sport Board;
(t) the South Australian Tourism Commission;
(u) The State Opera of South Australia;
(v) the State Theatre Company of South Australia;
(w) the Minister to whom the administration of the Technical and
Further Education Act 1975 is committed;
relevant Act means—
(a) in a case that relates to employment with a prescribed body
established under an Act being amended by this Act—that Act;
(b) in a case that relates to employment with a prescribed body who is a
Minister to whom the administration of an Act being amended by this Act is
committed—that Act;
(c) in a case that relates to employment with a body constituted under the
Fire and Emergency Services Act 2005—that Act.
(1) Subject to this clause, a person who, immediately before the
commencement of this clause, was employed by a prescribed body under a relevant
Act will, on that commencement, be taken to be employed by the employing
authority under that Act (as amended by this Act).
(2) The following persons will, on the commencement of this clause, be
taken to be employed as follows:
(a) a person who, immediately before the commencement of this clause, was
employed under section 6L(1) of the Electricity Act 1996 will,
on that commencement, be taken to be employed by the employing authority under
that Act (as amended by this Act);
(b) a person who, immediately before the commencement of this clause, was
employed by the South Australian Fire and Emergency Services Commission will, on
that commencement, be taken to be employed by the Chief Executive of that
body;
(c) a person who, immediately before the commencement of this clause, was
employed by an emergency services organisation under the Fire and Emergency
Services Act 2005 will, on that commencement, be taken to be employed
by the Chief Officer of that body;
(d) a person who, immediately before the commencement of this clause, was
employed by an incorporated hospital or an incorporated health centre under the
South Australian Health Commission Act 1976 will, on that
commencement, be taken to be employed by an employing authority under that Act
(as amended by this Act) designated by the Governor by proclamation made for the
purposes of this paragraph.
(3) Subject to this clause, the Governor may, by proclamation, provide
that a person employed by a subsidiary of a public corporation under the
Public Corporations Act 1993 will be taken to be employed by a
person or body designated by the Governor (and the arrangement so envisaged by
the proclamation will then have effect in accordance with its terms).
(4) Subject to subclause (5), an employment arrangement effected by
subclause (1), (2) or (3)—
(a) will be taken to provide for continuity of employment without
termination of the relevant employee's service; and
(b) will not affect—
(i) existing conditions of employment or existing or accrued rights to
leave; or
(ii) a process commenced for variation of those conditions or
rights.
(5) If, immediately before the commencement of this clause, a person's
employment within the ambit of subclause (1), (2) or (3) was subject to the
operation of an award or certified agreement (but not an Australian Workplace
Agreement) under the Commonwealth Act, then, on that commencement, an award or
enterprise agreement (as the case requires) will be taken to be created under
the Fair Work Act 1994—
(a) with the same terms and provisions as the relevant industrial
instrument under the Commonwealth Act; and
(b) with any terms or provisions that existed under an award or enterprise
agreement under the Fair Work Act 1994, that applied in relation to
employment of the kind engaged in by the person, immediately before
27 March 2006, and that ceased to apply by virtue of the operation of
provisions of the Commonwealth Act that came into force on that day,
subject to any modification or exclusion prescribed by regulations made for
the purposes of this subclause and subject to the operation of
subclause (6).
(6) Where an award or enterprise agreement is created by virtue of the
operation of subclause (5)—
(a) the award or enterprise agreement will be taken to be made or approved
(as the case requires) under the Fair Work Act 1994 on the day on
which this clause commences; and
(b) the Fair Work Act 1994 will apply in relation to the award
or enterprise agreement subject to such modifications or exclusions as may be
prescribed by regulations made for the purposes of this subclause; and
(c) the Industrial Commission may, on application by the Minister to whom
the administration of the Fair Work Act 1994 is committed, or an
application by a person or body recognised by regulations made for the purposes
of this subclause, vary or revoke any term or provision of the award or
enterprise agreement if the Industrial Commission is satisfied that it is fair
and reasonable to do so in the circumstances.
(1) If a prescribed body under a relevant Act is, immediately before the
commencement of this clause, a party to an arrangement relating to the
superannuation of one or more persons employed by the prescribed body, then the
relevant employing authority under that Act will, on that commencement, become a
party to that arrangement in substitution for the prescribed body.
(2) Nothing that takes effect under subclause (1)—
(a) constitutes a breach of, or default under, an Act or other law, or
constitutes a breach of, or default under, a contract, agreement, understanding
or undertaking; or
(b) terminates an agreement or obligation or fulfils any condition that
allows a person to terminate an agreement or obligation, or gives rise to any
other right or remedy,
and subclause (1) may have effect despite any other Act or
law.
(3) An amendment effected to another Act by this Act does not affect a
person's status as a contributor under the Superannuation Act 1988
(as it may exist immediately before the commencement of this Act).
(1) The Governor may, by proclamation, direct that a reference in any
instrument (including a statutory instrument) or a contract, agreement or other
document to a prescribed body, or other specified agency, instrumentality or
body, will have effect as if it were a reference to an employing authority under
a relevant Act, the Minister to whom the administration of a relevant Act is
committed, or some other person or body designated by the Governor.
(2) A proclamation under subclause (1) may effect a transfer of
functions or powers.
(1) A notice in force under section 51 of the Children's Services
Act 1985 immediately before the commencement of this clause will
continue to have effect for the purposes of that section, as amended by this
Act.
(2) A notice in force under section 28 of the Institute of Medical
and Veterinary Science Act 1982 immediately before the commencement of
this clause will continue to have effect for the purposes of that section, as
amended by this Act.
(3) A notice in force under section 61 of the South Australian Health
Commission Act 1976 immediately before the commencement of this clause
will continue to have effect for the purposes of that section, as amended by
this Act.
(4) A notice in force under section 13(6) of the South Australian Motor
Sport Act 1984 immediately before the commencement of this clause will
continue to have effect after that commencement but may, pursuant to this
subclause, be varied from time to time, or revoked, by the Minister to whom the
administration of that Act is committed.
(5) The fact that a person becomes an employer in his or her capacity as
an employing authority under an Act amended by this Act does not affect the
status of any body or person as an employer of public employees for the purposes
of the Fair Work Act 1994 (unless or until relevant regulations are
made under the provisions of that Act).
(1) The Governor may, by regulation, make additional provisions of a
saving or transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation made under subclause (1) may, if the
regulation so provides, take effect from the commencement of this Act or from a
later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Schedule (or regulations
made under this Schedule), apply to any amendment or repeal effected by this
Act.
Statutes Amendment (Australian Energy Market Operator)
Act 2009, Sch 1
Part 1—Transitional provisions—Electricity
market
Division 1—Preliminary
In this Part, unless the contrary intention appears—
AEMO means the Australian Energy Market Operator Limited
(ACN 072 010 327);
asset means tangible or intangible real or personal property
of any description and includes—
(a) a present, future or contingent legal or equitable interest in real or
personal property;
(b) a chose in action;
(c) a right, power, privilege or immunity;
(d) goodwill;
(e) a security;
(f) money;
(g) documents;
(h) information (including data and records) in any form;
business day means any day except a Saturday, Sunday or
public holiday;
designated entity means—
(a) AEMO; or
(b) the relevant Minister;
ESIPC means the Electricity Supply Industry Planning
Council;
liability means a monetary or non-monetary obligation and
includes a future or contingent obligation;
principal Act means the Electricity
Act 1996;
property includes intellectual property;
relevant day means a day appointed by the relevant Minister
by notice in the Gazette as the relevant day for the purposes of the provision
in which the term is used;
relevant Minister means the Minister responsible for the
administration of the principal Act;
Technical Regulator means the Technical Regulator under the
principal Act.
Division 2—Reporting requirements and financial
statements—ESIPC
2—Reporting and financial
requirements—ESIPC
(1) AEMO must comply with any requirement that would have applied to or in
relation to ESIPC with respect to ESIPC's operations before the relevant day had
the repeal of Part 2 Division 2 of the principal Act not been effected by this
Act—
(a) to ensure that proper accounts are maintained and financial statements
prepared and finalised with respect to any financial year; and
(b) to ensure that financial statements are delivered to the
Auditor-General for auditing (together with any relevant certificates,
information or material); and
(c) to prepare and deliver any annual or other reports.
(2) AEMO, or the Chief Executive of AEMO, may take such steps as are
reasonably necessary in order to comply with subclause (1) (including by
assuming control of any accounts, statements or other documents or materials or
by providing any certificate, information or statement).
Division 3—Assignment or provision of
information
3—Assignment of information held
by ESIPC
(1) Despite any other Act or law, the documents and other information
(including data and records) in any form held by ESIPC immediately before the
relevant day (designated information) will be assigned by force of
this clause to—
(a) in the case of designated information directly relevant to the
functions of AEMO—AEMO;
(b) in the case of designated information directly relevant to the
functions of the relevant Minister—the relevant Minister;
(c) in the case of designated information directly relevant to the
functions of the Technical Regulator appointed under the principal Act—the
Technical Regulator;
(d) in the case of any other designated information—the relevant
Minister or, if so determined by the relevant Minister, another person or entity
specified by the relevant Minister.
(2) Any person or entity to which designated information is assigned under
this clause will hold that designated information on the same basis as it was
being held by ESIPC immediately before the relevant day.
(3) It follows that—
(a) if the designated information was confidential in the hands of ESIPC
immediately before the relevant day, it remains confidential in the hands of the
person or entity to which it is assigned; and
(b) the person or entity must deal with any designated information in the
same way as if it has been acquired or produced by the person or entity rather
than ESIPC.
(4) Despite a preceding subclause, AEMO, the relevant Minister and the
Technical Regulator may provide any information obtained under this clause to
each other and, in doing so, will not be acting in breach of any confidence and
will not be subject to any other form of limitation that may have applied to
ESIPC.
4—Provision of information under
a licence
A reference in a licence under the principal Act relating to the provision
of information by an electricity entity to ESIPC will, on the relevant day, be
taken to be a reference to the provision of information to AEMO.
Division 4—Transfer of assets and
liabilities—ESIPC
(1) The relevant Minister may, by instrument in writing (an
allocation order), transfer—
(a) specified assets or liabilities of ESIPC to AEMO or to the relevant
Minister;
(b) specified classes of assets or liabilities of ESIPC to AEMO or to the
relevant Minister;
(c) all assets and liabilities of ESIPC, other than specified classes of
assets or liabilities, to AEMO;
(d) all assets and liabilities of ESIPC, or all remaining assets and
liabilities of ESIPC, to AEMO.
(2) An allocation order takes effect from a date (which may be earlier
than the date of the order) specified in the order.
(3) If it appears to the relevant Minister that assets or liabilities
should not have been transferred to AEMO under this clause, the Minister may, by
instrument in writing (a claw back order), transfer assets or
liabilities transferred under this clause from AEMO to the relevant Minister or
to another person or entity specified by the relevant Minister.
(4) A claw back order—
(a) must be made within 12 months after the date of the allocation
order; and
(b) takes effect from a date (which may be earlier than the date of the
order) specified in the order.
(5) The relevant Minister must, at least 20 business days before making a
claw back order, give AEMO written notice of the relevant Minister's intention
to make the order.
(6) The relevant Minister may make an allocation order, or a claw back
order, in relation to assets or liabilities situated outside South
Australia.
(7) An allocation order or a claw back order may be made on conditions
specified in the order.
(1) On the relevant date, assets and liabilities vest in the transferee
named in a transfer order in accordance with the order.
(2) If a transfer order provides for the transfer of the transferor's
interest in an agreement—
(a) the transferee becomes on the relevant date a party to the agreement
in place of the transferor; and
(b) on and after the relevant date, the agreement has effect as if the
transferee had always been a party to the agreement.
(3) In this clause—
relevant date means, in relation to an allocation order or a
claw back order, the date specified in the order for the order to take
effect;
transfer order means an allocation order or a claw back order
under clause 5;
transferor means the person from whom assets or liabilities
are transferred by a transfer order.
7—Continued effect of certain
acts by ESIPC
Anything done, or omitted to be done, by ESIPC in relation to assets or
liabilities transferred to a designated entity under this Division is, if it
continues to have effect as at the date of the transfer, taken to be the
designated entity's act or omission.
Proceedings commenced before the date of transfer by or against ESIPC in
relation to an asset or liability transferred to a designated entity under this
Division may be continued and completed by or against the designated
entity.
A written notice signed by the relevant Minister stating that a specific
transfer of assets or liabilities has been made under this Division is
conclusive evidence of the transfer.
(1) A reference in an instrument or other document to ESIPC in connection
with an asset or liability transferred to a designated entity under this
Division is, from the date of transfer, taken to be a reference to the
designated entity.
(2) Subclause (1) does not apply to any instrument or document, or
instrument or document of a specified class, excluded from the operation of that
subclause by the relevant Minister by notice in the Gazette.
11—Parties to transfer must do
anything necessary to perfect transfer
(1) AEMO must accept assets and liabilities transferred to it under this
Division.
(2) The relevant Minister may direct AEMO's directors to accept, on AEMO's
behalf, a transfer of assets or liabilities under this Division.
(3) AEMO must take necessary action to perfect a transfer of assets or
liabilities under this Division.
(4) The relevant Minister may direct the directors of AEMO to ensure that
AEMO complies with an obligation under subclause (3).
(1) As from the relevant day, AEMO succeeds to ESIPC's powers, rights,
obligations and liabilities under any agreement or other instrument related to
an electricity market of which AEMO assumes the operation.
(2) A reference in an agreement or other instrument within the ambit of
subclause (1) continues to have effect in accordance with its terms as if
any reference to ESIPC were a reference to AEMO (and AEMO will be taken to be a
party to the agreement or other instrument, and to always have been such a
party).
Division 5—Instruments made by
ESIPC
(1) Unless the context otherwise requires, a procedure, guideline,
directive, approval, determination or other instrument of a legislative or
administrative character—
(a) made by ESIPC under the principal Act; and
(b) in force immediately before the relevant day,
continues in force, subject to amendment or revocation by AEMO, as if made
by AEMO.
(2) Subclause (1) does not apply to any instrument, or instrument of
a specified class, excluded from the operation of that subclause by the relevant
Minister by notice in the Gazette.
Part 3—Related matters
28—Corporations Act
displacement
To the extent that any provision of this Schedule is incapable of
concurrent operation with a provision of the Corporations Act 2001 of the
Commonwealth (a designated Commonwealth provision), the provision
of this Schedule is declared to be a Corporations legislation displacement
provision for the purposes of section 5G of that Act in relation to the
designated Commonwealth provision.
Note—
Section 5G of the Corporations Act provides that if a State law declares a
provision of a State law to be a Corporations legislation displacement
provision, any provision of the Corporations legislation with which the State
provision would otherwise be inconsistent does not apply to the extent necessary
to avoid the inconsistency.
29—Validity and effect of steps
taken under Schedule
(1) Nothing done under this Schedule—
(a) is to be regarded as placing any person in breach of contract or
confidence or as otherwise making any person guilty of a civil wrong;
or
(b) is to be regarded as placing any person in breach of, or as
constituting a default under, any Act or other law or obligation or any
provision in any agreement, arrangement or understanding including, but not
limited to, any provision or obligation prohibiting, restricting or regulating
the assignment, transfer, sale or disposal of any property or the disclosure of
any information; or
(c) is to be regarded as fulfilling any condition that allows a person to
exercise a power, right of remedy in respect of or to terminate any agreement or
obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a
contract or an instrument or as causing or permitting the termination of any
contract or instrument because of a change in the beneficial or legal ownership
of any relevant property; or
(e) is to be regarded as causing any contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other obligor wholly or in part from any
obligation; or
(h) gives rise to any right or entitlement to damages or
compensation.
(2) The transfer of a liability of an entity under this Part releases the
entity from the liability.
(3) If the books or records of an entity are transferred to AEMO under
this Part, AEMO must—
(a) preserve the books and records for at least 7 years;
and
(b) allow—
(i) the entity and, if relevant, any director or former director of the
entity; and
(ii) any other person authorised by the relevant Minister,
reasonable access to the books and records.
(4) In this clause—
AEMO means the Australian Energy Market Operator Limited
(ACN 072 010 327);
relevant Minister means the Minister responsible for the
administration of the Electricity Act 1996.
Any stamp duty or other tax imposed by or under a law of this State is not
payable in relation to a transfer of assets or liabilities under this
Schedule.
Historical versions
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Reprint No 1—1.1.1998 |
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Reprint No 2— 5.3.1998 |
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Reprint No 3—19.8.1999 |
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Reprint No 4—11.10.1999 |
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Reprint No 5—25.11.1999 |
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Reprint No 6—1.6.2000 |
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Reprint No 7—20.7.2000 |
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Reprint No 8—12.9.2002 |
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Reprint No 9—1.1.2003 |
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Reprint No 10—17.4.2003 |
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Reprint No 11—1.7.2003 |
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19.8.2004 |
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25.11.2004 |
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1.7.2005 |
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1.10.2005 |
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1.4.2007 |
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1.9.2007 |
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1.7.2008 |
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25.6.2009 (electronic only) |
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1.7.2009 |
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3.9.2009 |
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