ELECTRICITY INDUSTRY (RESIDUAL PROVISIONS) ACT 1993
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Subsidiary
- 4A Application of Act to certain distribution, transmission and generation companies
- 5 Crown to be bound
- 6 Extra-territorial operation
PART 2--THE ELECTRICITY CORPORATIONS
Division 2--Directions as to electricity supply system
- 19 Regulations may provide for compensation for certain loss
Division 4--General provisions applying to electricity corporations
- 26 Directions
Division 5--Financial
- 28 Borrowing and investment by electricity corporation
- 29 Payments in respect of financial obligations
Division 6--General
- 30 Duties of directors
- 31 Minister may bring proceedings
- 32 Electricity corporation not to make loans to directors
- 33 Indemnity
- 35 Corporate plan
- 36 Statement of corporate intent: contents
- 36A Electricity corporations to act in accordance with corporate plan
- 37 Non-commercial functions
- 38 Dividends
PART 3--PROPERTY AND WORKS
- 42AA Definition
- 43 Certain rights deemed to be easements appurtenant to lands of electricity corporation
- 47A Application of Mineral Resources Development Act 1990 to generation companies or SEC
PART 4--THE ADMINISTRATOR
Division 1--The Administrator
- 48 Appointment of Administrator
- 49 Vacancy etc. in office of Administrator
- 49A Deputy Administrator
- 49B Resignation and removal
- 49C Functions and powers
- 50 Staff of Administrator
- 51 Functions and powers
- 52 Delegation
- 53 Directions
PART 5--TRANSFER OF PROPERTY OF SEC
Division 1--Allocation of property
- 62 SEC to prepare allocation statement
- 62A Further allocation of property rights and liabilities
- 62AA Minister may direct transfer of property
- 63 Certificate of Administrator
Division 1A--Transfer of certain liabilities
- 63A Allocation statement
- 63B Certificate of Administrator
- 63C Liabilities transferred to electricity corporation
- 63D Meaning of appointed day in Division 2
Division 2--has effect in relation to an allocation statement under this Division as if a reference to the appointed day were a reference to 3 January 1994 or such later date as is specified in the allocation statement.
Division 2--Transfer of property
- 64 Property transferred to electricity corporation
- 65 Property transferred to SEC company
- 66 Property transferred to State
- 66A Property transferred to other persons
- 67 Allocation of property etc. subject to encumbrances
- 68 Value of transferred property
- 69 Substitution of party to agreement
- 70 SEC instruments
- 71 Proceedings
- 71A Criminal proceedings
- 72 Interests in land
- 73 Amendment of Register
- 74 Taxes
- 75 Evidence
- 76 Validity of things done under this Act
Division 3--Financial obligations of SEC
- 77 Financial obligations of SEC
- 78 Electricity corporations to make payments to SEC
PART 6--STAFF
- 80 Definitions
- 81 List of SEC staff
- 82 Transfer of SEC staff
- 83 Future terms and conditions of transferred employees
- 84 Superannuation
PART 7--GENERAL
- 84A Public distribution company, public transmission company and public generation company
- 84AAA Certain assets not to be fixtures
- 84AA Financial benefits given on arm's length terms
- 84AC Building Act 1993
- 84B Persons dealing with electricity corporations or VPX
- 84C Reports to Treasurer
- 85 Delegation by Minister and Treasurer
- 86 Agreements about certain matters
- 87 Service of documents on electricity corporation
- 88 Evidence of documents
- 90 Treasurer may give guarantee
- 91 Trade Practices Act 1974 of the Commonwealth
- 91A Exemption from Freedom of Information Act
- 91AB Ombudsman Act 1973 not to apply
- 91AC Obligations under certain contracts
- 91B Debt proceedings
- 92 Regulations
PART 8--TRANSITIONAL
- 94 Generation Victoria successor of State Body
PART 9--TRANSFER OF PROPERTY AND STAFF OF NATIONAL ELECTRICITY
Division 1--Definitions
- 98 Definitions
Division 2--Allocation of property
- 99 Minister may direct National Electricity to transfer property
- 100 Certificate of chief executive officer
Division 3--Transfer of property
- 101 Property transferred to nominee
- 102 Allocation of property etc. subject to encumbrances
- 103 Value of former National Electricity property
- 104 Substitution of party to agreement
- 105 National Electricity instruments
- 106 Proceedings
- 106A Criminal proceedings
- 107 Interests in land
- 108 Amendment of Register
- 109 Taxes
- 110 Evidence
- 111 Validity of things done under this Part
Division 5--Staff
- 113 List of National Electricity staff
- 114 Transfer of National Electricity staff
- 115 Future terms and conditions of transferred employees
PART 10--TRANSFER OF PROPERTY AND STAFF OF ESV TO DISTRIBUTION COMPANIES
Division 1--Definitions
- 116 Definitions
Division 2--Allocation of property
- 117 ESV to prepare allocation statement
- 118 Certificate of Administrator
Division 3--Transfer of property
- 119 Property transferred to distribution company
- 120 Allocation of property etc. subject to encumbrances
- 121 Value of former ESV property
- 122 Substitution of party to agreement
- 123 ESV instruments
- 124 Proceedings
- 124A Criminal proceedings
- 125 Interests in land
- 126 Amendment of Register
- 127 Taxes
- 128 Evidence
- 129 Validity of things done under this Part
Division 5--Staff
- 131 List of ESV staff
- 132 Transfer of ESV staff
- 133 Future terms and conditions of transferred employees
PART 11--TRANSFER OF MUNICIPAL ELECTRICAL UNDERTAKINGS TO DISTRIBUTION COMPANIES
Division 1--Definitions
- 135 Definitions
Division 2--Agreement
- 136 Agreement with respect to transfer of property and staff of MEUs
Division 3--Allocation of property
- 137 Allocator to prepare allocation statement
- 138 Certificate of Administrator
Division 4--Transfer of property
- 139 Property transferred to distribution company
- 140 Allocation of property etc. subject to encumbrances
- 141 Value of former MEU property
- 142 Substitution of party to agreement
- 143 MEU instruments
- 143A Proceedings
- 144 Interests in land
- 145 Amendment of Register
- 146 Taxes
- 147 Evidence
- 148 Validity of things done under this Part
Division 6--Staff
- 150 List of MEU staff
- 151 Transfer of MEU staff
- 152 Future terms and conditions of transferred MEU staff members
PART 11A--TRANSFER OF PROPERTY AND STAFF OF GENERATION VICTORIA
Division 1--Definitions
- 153A Definitions
Division 2--Allocation of property
- 153B GV to prepare allocation statement
- 153C Certificate of Administrator
Division 3--Transfer of property
- 153D Property transferred to generation company
- 153E Allocation of property etc. subject to encumbrances
- 153F Value of former GV property
- 153G Substitution of party to agreement
- 153H Criminal proceedings
- 153I GV instruments
- 153J Proceedings
- 153K Interests in land
- 153L Amendment of Register
- 153M Taxes
- 153N Evidence
- 153O Validity of things done under this Part
Division 5--Staff
- 153Q List of GV staff
- 153R Transfer of GV staff
- 153S Future terms and conditions of transferred employees
PART 11AB--TRANSFER OF CERTAIN PROPERTY AND STAFF OF LOY YANG POWER LTD
Division 1--Definitions and application
- 153TA Definitions and application
Division 2--Allocation of property
- 153TB LYP to prepare allocation statement
- 153TC Certificate of Administrator
Division 3--Transfer of property
- 153TD Property transferred
- 153TE Allocation of property etc. subject to encumbrances
- 153TF Substitution of party to agreement
- 153TG LYP instruments
- 153TH Proceedings
- 153TI Interests in land
- 153TJ Amendment of Register
- 153TK Evidence
- 153TL Validity of things done under this Part
Division 4--Staff
- 153TM List of LYP staff
- 153TN Transfer of LYP staff
- 153TO Future terms and conditions of transferred employees
- 153TP Superannuation
PART 11AC--TRANSFER OF CERTAIN PROPERTY AND STAFF OF NOMINATED TRANSFEROR COMPANIES
Division 1--Definitions and applications
Division 2--Allocation of property
- 153TS TCO to prepare allocation statement
- 153TT Certificate of Administrator
Division 3--Transfer of property
- 153TU Property transferred
- 153TUA Value to TCO of transferred property
- 153TV Allocation of property etc. subject to encumbrances
- 153TW Substitution of party to agreement
- 153TX TCO instruments
- 153TY Proceedings
- 153TZ Interests in land
- 153TZA Amendment of Register
- 153TZB Evidence
- 153TZC Validity of things done under this Part
Division 4--Staff
- 153TZD List of TCO staff
- 153TZE Transfer of TCO staff
- 153TZF Future terms and conditions of transferred employees
- 153TZG Superannuation
PART 11B--PROVISIONS RELATING TO PRIVATISATION
- 153U Treasurer may be party to agreement for sale
- 153UA Loy Yang B transaction
- 153V Transfer of shares to SEC
- 153W Distribution company, transmission company or generation company to pay certain amounts to SEC
- 153X Freedom of Information Act 1982
PART 12--REGULATION OF ELECTRICITY INDUSTRY
- 154 Definitions
- 155 Construction of Part
- 156 Application of Part
- 157 Objectives of the Commission
- 158BA Power to regulate certain changes
PART 14--LATROBE VALLEY LAND
Division 1--Surrender of land
- 183 Surrender of land to Crown
- 184 Preservation of leases
- 185 Preservation of SEC easement
- 186 PTC land to be surrendered
- 187 Certain residual lands to be surrendered to the Crown
Division 2--Revocation of reservations and closure of roads
- 188 Revocation of reservations—Morwell West land
- 189 Revocation of reservations—Hernes Oak land
- 190 Revocation of reservation—La Trobe river
- 191 Revocation of reservation—Morwell river
- 192 Consequences of revoking a reservation
- 193 Rights to cease
- 194 Powers to lease in relation to certain Latrobe River land
Division 3--General
- 195 Issue of Crown grant
- 196 Registrar-General and Registrar of Titles to make necessary amendments to records
- 197 Exemption from stamp duty and other taxes
PART 15--LOY YANG LAND
Division 1--Surrender of land
- 198 Surrender of land to Crown
- 199 Preservation of leases
- 200 Certain interests not affected by surrender and grant of land
- 201 La Trobe Shire Council land to be surrendered
Division 2--Revocation of reservation and closure of roads
Division 3--General
- 204 Issue of Crown grant
- 205 Registrar-General and Registrar of Titles to make necessary amendments to records
- 206 Exemption from stamp duty and other taxes
PART 16--HAZELWOOD LAND
Division 1--Surrender of land
- 207 Surrender of land to Crown
- 208 Preservation of leases
- 209 Preservation of appurtenant SEC easements
- 209A Preservation of appurtenant National Electricity easements
- 210 Preservation of other easements
- 211 Gippsland Water land to be surrendered
- 212 La Trobe Shire Council land to be surrendered
- 213 Roads Corporation land to be surrendered
Division 2--Revocation of reservation and closure of roads
Division 3--General
- 216 Issue of Crown grant
- 217 Registrar-General and Registrar of Titles to make necessary amendments to records
- 218 Exemption from stamp duty and other taxes
PART 17--OTHER LAND
- 219 Revocation of river reservation—Goulburn River
- 220 Revocation of river reservation—Mitta Mitta River
- 221 Consequences of revoking reservations
- 222 Rights in roads to cease
- 223 Certain rights deemed to be easements appurtenant to all lands of National Electricity
- 224 Savings and transitional provisions