South Australian Consolidated Acts

ELECTRICITY ACT 1996 - SECT 38

38—Power to take over operations

        (1)         If—

            (a)         an electricity entity contravenes a condition of its licence or any other requirement of this Act, or an electricity entity's licence ceases, or is to cease, to be in force; and

            (b)         it is necessary, in the Commission's opinion, to take over the entity's operations (or some of them) to ensure an adequate supply of electricity to customers,

the Governor may make a proclamation under this section.

        (2)         Before a proclamation is made under this section, the Commission must give the electricity entity a reasonable opportunity to make written representations giving reasons why the proclamation should not be made.

        (3)         A proclamation under this section—

            (a)         authorises the Commission to take over the electricity entity's operations or a specified part of the electricity entity's operations; and

            (b)         may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with).

        (4)         A direction under subsection (3)(b) operates to the exclusion of rights that are inconsistent with it.