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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Gas Corporation (Business Disposal)
Bill 1999
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 3
4. Crown bound 3
Part 2 -- The disposal
5. Disposal of business and property authorized 4
6. Minister may order disposal 5
7. Minister may give directions to corporation 5
8. Corporation to comply with directions 7
9. General powers 7
10 . Corporate vehicle's constitution to contain certain
provisions 8
11 . Cornerstone investor's share entitlement to be
frozen for 2 years 9
12 . Restrictions on share dealings for 2 years 10
13 . Liability of management for offence by body
corporate 11
page i
116--3
Gas Corporation (Business Disposal) Bill 1999
Contents
Part 3 -- Implementing disposal and ancillary
matters
Division 1 -- Transfer orders
14 . Definitions 12
15 . Minister may make transfer orders 13
16 . Consequences of transfer order 14
17 . Completion of necessary transactions 15
18 . Contracts arising from certain internal arrangements
of corporation 15
19 . Arrangements for custody and use of records 16
20 . Registration of documents 16
21 . Rectifying error in transfer order 17
Division 2 -- Other matters
22 . Assignable nature of the assets 17
23 . Benefits of easements assignable 18
24 . Use of corporation's staff and facilities 18
25 . Consumer contracts 19
26 . Proceeds of disposal 20
27 . Disclosure of information 20
28 . Auditor General may disclose information 21
29 . Offence of disclosing information 22
30 . Saving 22
31 . State indemnities and guarantees 23
32 . State takeover of certain obligations 23
33 . Regulations 24
Part 4 -- Transitional provisions
34 . Purpose of this Part 25
35 . Subsidiary to have corporation's powers and duties 25
36 . Modification of other written laws 25
page ii
Gas Corporation (Business Disposal) Bill 1999
Contents
Part 5 -- Miscellaneous
37 . Auditor General to report on certain matters 26
38 . Regulations 26
Part 6 -- Effect on other Acts
Division 1 -- Provisions commencing on Royal
Assent
Subdivision 1 -- Aboriginal Heritage Act 1972
39 . Section 18 amended 28
Subdivision 2 -- Dampier to Bunbury Pipeline Act
1997
40 . The Act amended 29
41 . Section 34 amended 29
42 . Section 43 repealed 29
43 . Schedule 3 repealed 29
44 . Schedule 4 amended 30
Subdivision 3 -- Electricity Corporation Act 1994
45 . Section 38A inserted 30
Subdivision 4 -- Energy Coordination Act 1994
46 . The Act amended 31
47 . Section 3 amended 31
48 . Section 11M amended 32
49 . Sections 24A inserted 32
50 . Section 26 amended 33
51 . Schedule 1 amended 34
52 . Schedule 3 inserted 35
Subdivision 5 -- Energy Corporations (Powers) Act
1979
53 . The Act amended 41
54 . Section 56 repealed 41
55 . Section 57 amended 41
page iii
Gas Corporation (Business Disposal) Bill 1999
Contents
56 . Section 66 amended 42
Subdivision 6 C Gas Corporation Act 1994
57 . The Act amended 42
58 . Section 3 amended 42
59 . Section 7 amended 43
60 . Section 89A inserted 43
61 . Section 96A inserted 44
Subdivision 7 -- Gas Pipelines Access (Western
Australia) Act 1998
62 . The Act amended 45
63 . Section 90 amended 45
64 . Section 94 amended 46
Subdivision 8 -- Gas Standards Act 1972
65 . The Act amended 47
66 . Section 15 amended 47
Subdivision 9 -- Local Government Act 1995
67 . Presence of pipeline does not constitute occupation
of land 47
Subdivision 10 -- Town Planning and Development
Act 1928
68 . Section 20 amended 48
Division 2 -- Provisions commencing immediately
before corporation or a subsidiary is licensed under
the Energy Coordination Act 1994
Subdivision 1 -- Dampier to Bunbury Pipeline Act
1997
69 . The Act amended 48
70 . Section 33 amended 49
71 . Section 34 amended 49
72 . Schedule 4 amended 50
Subdivision 2 -- Energy Coordination Act 1994
73 . The Act amended 50
page iv
Gas Corporation (Business Disposal) Bill 1999
Contents
74 . Section 6 amended 50
75 . Section 11ZO amended 50
Subdivision 3 -- Energy Corporations (Powers) Act
1979
76 . The Act amended 51
77 . Long title amended 51
78 . Section 1 amended 51
79 . Section 4 amended 51
80 . Section 45 amended 52
81 . Section 55 amended 52
82 . Section 120 amended 52
83 . Various references to "corporation" amended 52
Subdivision 4 -- Gas Standards Act 1972
84 . Section 4 amended 56
Subdivision 5 -- Gas Undertakings Act 1947
85 . Repeal 56
Subdivision 6 -- Town Planning and Development
Act 1928
86 . Section 27A amended 56
Subdivision 7 -- Various Acts amended
87 . Miscellaneous amendments 57
Division 3 -- Provisions commencing on completion
of disposal
Subdivision 1 -- Dampier to Bunbury Pipeline Act
1997
88 . Section 5 replaced 58
Subdivision 2 -- Energy Corporations (Powers) Act
1979
89 . The Act amended 58
90 . Section 4 amended 58
91 . Section 123 amended 59
92 . Section 124 amended 59
page v
Gas Corporation (Business Disposal) Bill 1999
Contents
Subdivision 3 -- Gas Corporation Act 1994
93 . Repeal 60
94 . Winding up of affairs of Gas Corporation 60
Subdivision 4 -- Gas Pipelines Access (Western
Australia) Act 1998
95 . The Act amended 61
96 . Section 74 amended 61
Subdivision 5 -- Gas Standards Act 1972
97 . The Act amended 62
98 . Section 4 amended 62
99 . Section 15 amended 62
Subdivision 6 -- Various Acts amended
100 . Constitution Acts Amendment Act 1899 62
101 . Equal Opportunity Act 1984 63
102 . Explosives and Dangerous Goods Act 1961 63
103 . Government Employees Superannuation Act 1987 63
104 . Land Administration Act 1997 63
105 . Metropolitan Region Town Planning Scheme Act
1959 64
106 . Public Sector Management Act 1994 64
107 . Public Works Act 1902 64
108 . Superannuation and Family Benefits Act 1938 64
Division 4 -- Provision commencing on 1 January
2000
109 . Section 26 amended 65
Division 5 -- Provisions commencing when
ringfencing obligations apply
Subdivision 1 -- Gas Corporation Act 1994
110 . Part 6 repealed 66
Subdivision 2 -- Gas Pipelines Access (Western
Australia) Act 1998
111 . Section 39 affected 66
page vi
Gas Corporation (Business Disposal) Bill 1999
Contents
Defined Terms
page vii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Gas Corporation (Business Disposal)
Bill 1999
A Bill for
An Act to provide for --
· the disposal of the Gas Corporation's business, and of
associated things, and of other things belonging to the Gas
Corporation;
· the assignment of things to give effect to the disposal;
· the winding up of the Gas Corporation,
and for related matters.
The Parliament of Western Australia enacts as follows:
page 1
Gas Corporation (Business Disposal) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Gas Corporation (Business
Disposal) Act 1999.
5 2. Commencement
(1) Unless this section specifies otherwise, the provisions of this
Act come into operation on the day on which it receives the
Royal Assent.
(2) Part 6 Division 2 is deemed to have come into operation
10 immediately before a distribution licence is granted to the
corporation or a subsidiary of the corporation under Part 2A of
the Energy Coordination Act 1994.
(3) The notice of the grant of a distribution licence to the
corporation or a subsidiary of the corporation that is published
15 in the Gazette under section 11T of the Energy Coordination
Act 1994 is to contain a statement as to the effect of
subsection (2).
(4) Section 21 of the Interpretation Act 1984 does not apply to the
coming into operation of Part 6 Division 2.
20 (5) Part 6 Division 3 comes into operation on a day fixed by
proclamation.
(6) The day fixed under subsection (5) is to be the day on which the
disposal referred to in section 5(1) is in the Minister's opinion
substantially complete.
25 (7) Part 6 Division 4 comes into operation on 1 January 2000.
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Gas Corporation (Business Disposal) Bill 1999
Preliminary Part 1
s. 3
(8) Part 6 Division 5 does not come into operation unless the day
fixed under subsection (5) is later than 1 July 2002 in which
case Part 6 Division 5 comes into operation on 1 July 2002.
3. Definitions
5 In this Act, unless the contrary intention appears --
"acquire", "dispose of" and "entitled", in relation to shares or
other securities in the corporate vehicle, have the same
meanings as they have in Chapter 6 of the Corporations
Law;
10 "cornerstone investor" has the meaning given by
section 5(5)(a);
"corporate vehicle" has the meaning given by section 5(2);
"corporation" means the Gas Corporation established by the
Gas Corporation Act 1994;
15 "section 6 disposal" means a disposal for which an order has
been made under section 6;
"securities", in relation to the corporate vehicle, has the
meaning given by section 92 of the Corporations Law;
"specified percentage" has the meaning given by
20 section 5(5)(a);
"subsidiary" means a body that would be a subsidiary of the
corporation within the meaning of the Corporations Law if
the corporation were a body corporate to which the
Corporations Law applied.
25 4. Crown bound
This Act binds the Crown.
page 3
Gas Corporation (Business Disposal) Bill 1999
Part 2 The disposal
s. 5
Part 2 -- The disposal
5. Disposal of business and property authorized
(1) A business carried on by the corporation, anything associated
with such a business, and anything else belonging to the
5 corporation may be disposed of by the corporation or the State
in accordance with an order under section 6.
(2) The disposal is to be through an intermediary being a body
incorporated under the Corporations Law (the "corporate
vehicle").
10 (3) The Under Treasurer is to cause the necessary steps to be taken
on behalf of the State for the creation of the corporate vehicle.
(4) For the purposes of the disposal the Minister and the
corporation may each, on behalf of the State --
(a) receive an allotment and issue of, or otherwise acquire,
15 securities in the corporate vehicle; and
(b) hold and dispose of any securities so acquired.
(5) The Minister must provide, by order under section 6 --
(a) for a person (the "cornerstone investor") to become
entitled to a percentage specified by the order (the
20 "specified percentage") of the shares in the corporate
vehicle through a tender process described in the order;
and
(b) for the shares in the corporate vehicle, other than those
to which the cornerstone investor becomes entitled, to
25 be offered to the public through an application or
subscription, and allocation, process described in the
order.
(6) The specified percentage must not be less than 40% or more
than 49%.
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Gas Corporation (Business Disposal) Bill 1999
The disposal Part 2
s. 6
(7) An order under section 6 cannot have the effect of allowing any
person to become entitled to more than 49% of the shares in the
corporate vehicle.
(8) Section 12(3) does not apply to an acquisition of shares under
5 subsection (4).
6. Minister may order disposal
(1) The Minister may make an order for the disposal referred to in
section 5(1).
(2) An order under this section may include provisions as to details
10 of the disposal, and may deal with incidental and supplementary
matters.
(3) The Minister may make an order to vary or revoke a previous
order under this section at any time before effect has been given
to it.
15 (4) The Minister is to cause an order under this section to be
published in the Gazette.
(5) The Minister must obtain the Treasurer's approval before
making an order under this section.
7. Minister may give directions to corporation
20 (1) The Minister may give directions in writing to the corporation
for the purpose of bringing about a section 6 disposal.
(2) Without limiting subsection (1), a direction under that
subsection may require the corporation --
(a) to form or acquire a subsidiary;
25 (b) to assign to a subsidiary specified assets, liabilities or
undertakings;
page 5
Gas Corporation (Business Disposal) Bill 1999
Part 2 The disposal
s. 7
(c) to dispose of its shares in a subsidiary either generally or
to a specified person;
(d) to assign to the corporate vehicle specified assets,
liabilities or undertakings;
5 (e) to dispose of its securities in the corporate vehicle either
generally or to a specified person;
(f) to dispose of other specified assets, liabilities or
undertakings either generally or to a specified person;
(g) to reorganize its affairs in anticipation of anything that is
10 to be done under this Act.
(3) Without limiting subsection (1), a direction under that
subsection may require the corporation --
(a) to allow the whole or part of its functions under this Act
to be performed on its behalf by; and
15 (b) to act in accordance with the instructions of,
a committee of persons appointed by the Minister and given
responsibility for the conduct of the disposal and related
matters.
(4) The Minister is to cause the text of any direction under
20 subsection (1) to be laid before each House of Parliament within
14 days after the direction is given, and section 96 of the Gas
Corporation Act 1994 applies as if subsection (1)(a) of it
included a reference to this subsection.
(5) The annual report in respect of the corporation must include
25 particulars of any direction under subsection (1) as if
section 64(1)(c) of the Gas Corporation Act 1994 included a
reference to a direction of that kind.
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Gas Corporation (Business Disposal) Bill 1999
The disposal Part 2
s. 8
8. Corporation to comply with directions
(1) The corporation has a duty to comply with a direction given to it
under section 7(1).
(2) The duty imposed by subsection (1) is to be regarded as a
5 function of the corporation under the Gas Corporation
Act 1994, and if there is a conflict or inconsistency between that
duty and --
(a) any duty imposed by that Act; or
(b) any provision of that Act,
10 the duty imposed by subsection (1) prevails.
(3) Section 7 applies despite section 6(a) of the Statutory
Corporations (Liability of Directors) Act 1996.
9. General powers
(1) The Minister --
15 (a) may do, in the State or elsewhere, anything necessary or
convenient for the purposes of this Act;
(b) may enter into an agreement on behalf of the State for,
or in relation to, the disposal by the corporation or a
subsidiary of anything referred to in section 5(1).
20 (2) Without limiting the powers of the corporation under the Gas
Corporation Act 1994 as read with section 8, the corporation or
a subsidiary --
(a) may do, in the State or elsewhere, anything necessary or
convenient for the purposes of this Act;
25 (b) may enter into an agreement for, or in relation to, the
disposal of anything referred to in section 5(1).
page 7
Gas Corporation (Business Disposal) Bill 1999
Part 2 The disposal
s. 10
10. Corporate vehicle's constitution to contain certain
provisions
(1) The constitution of the corporate vehicle must --
(a) require the corporate vehicle to be incorporated in
5 Western Australia;
(b) require that the head office of the corporate vehicle, that
is the place where central management and control of
the corporate vehicle are exercised, be located in
Western Australia;
10 (c) require that --
(i) at least a majority of the board of directors of the
corporate vehicle; and
(ii) the chief executive officer,
while holding office be ordinarily resident in Western
15 Australia; and
(d) prohibit the alteration of anything in its constitution that
is required by this subsection.
(2) If the constitution of the corporate vehicle does not comply with
subsection (1), it is to be regarded as having been amended to
20 include the provisions required by that subsection and the
constitution of the corporate vehicle lodged under the
Corporations Law is to be regarded as being the constitution as
so amended.
(3) A purported alteration of the constitution of the corporate
25 vehicle that would have the effect that the constitution would
not comply with subsection (1) has no effect.
(4) A resolution of the corporate vehicle that --
(a) would, if acted on, result in a contravention of
subsection (1) or a provision of its constitution that is
30 required by that subsection; or
page 8
Gas Corporation (Business Disposal) Bill 1999
The disposal Part 2
s. 11
(b) purports to ratify an act or omission that contravenes
subsection (1) or a provision of its constitution that is
required by that subsection,
has no effect.
5 (5) This section applies at all times, whether before, on or after the
day fixed under section 2(5).
11. Cornerstone investor's share entitlement to be frozen for
2 years
(1) A person must not acquire or dispose of shares, or an interest in
10 shares, in the corporate vehicle within 2 years after that person
or another person becomes the cornerstone investor if the
acquisition or disposal would have the result that the
cornerstone investor's entitlement to shares in the corporate
vehicle would become more than, or less than, the specified
15 percentage.
(2) The acquisition or disposal of shares, or an interest in shares, in
the corporate vehicle within the period mentioned in
subsection (1) does not contravene that subsection if it is
permitted by the Minister by notice published in the Gazette.
20 (3) Permission given by a notice under subsection (2) may be
expressed to apply generally or to only apply to such
circumstances as are set out in the notice.
(4) A person who contravenes subsection (1) commits an offence.
Penalty: $200 000 or imprisonment for 12 months.
25 (5) A contract, dealing or other transaction is not unenforceable,
voidable, or void merely because it was contrary to this section.
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Gas Corporation (Business Disposal) Bill 1999
Part 2 The disposal
s. 12
12. Restrictions on share dealings for 2 years
(1) A person must not (whether as principal or agent) apply for
shares in the corporate vehicle in a public float if the acquisition
of those shares would have the result --
5 (a) that the cornerstone investor's entitlement to shares in
the corporate vehicle would become more than the
specified percentage; or
(b) that any person would be entitled to more than 5% of the
shares in the corporate vehicle.
10 Penalty: $200 000 or imprisonment for 12 months.
(2) Subsection (1) does not apply to the issue or purchase of shares
under an underwriting agreement entered into to facilitate the
sale of shares in the corporate vehicle by a public float.
(3) A person must not acquire shares in the corporate vehicle in any
15 other way than on an application described in subsection (1) if
any person (other than the cornerstone investor) who --
(a) is not entitled to any shares in the corporate vehicle; or
(b) is entitled to less than 5% of the shares in the corporate
vehicle,
20 would, immediately after the acquisition, be entitled to more
than 5% of the shares in the corporate vehicle.
Penalty: $200 000 or imprisonment for 12 months.
(4) Subsection (3) does not apply to an acquisition occurring at
least 2 years after the day on which a person becomes the
25 cornerstone investor.
(5) A contract, dealing or other transaction is not unenforceable,
voidable, or void merely because it was contrary to this section.
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Gas Corporation (Business Disposal) Bill 1999
The disposal Part 2
s. 13
13. Liability of management for offence by body corporate
(1) If a body corporate commits an offence under section 11 or 12,
each of the body's officers also commits the offence unless it is
proved that --
5 (a) the offence was committed without the officer's consent
or connivance; and
(b) the officer exercised all due diligence to prevent the
commission of the offence that ought to have been
exercised having regard to the nature of the officer's
10 functions and to all the circumstances.
(2) In subsection (1) --
"officer", in relation to a body corporate, means --
(a) a director or secretary of the body;
(b) a person regarded under the Corporations Law as a
15 person in accordance with whose directions or
instructions a director or the directors of the body are
accustomed to act; or
(c) a person who is concerned in the management of the
body, whether as an employee or in any other
20 capacity.
page 11
Gas Corporation (Business Disposal) Bill 1999
Part 3 Implementing disposal and ancillary matters
Division 1 Transfer orders
s. 14
Part 3 -- Implementing disposal and ancillary matters
Division 1 -- Transfer orders
14. Definitions
In this Division, unless the contrary intention appears --
5 "asset" means property of any kind whether tangible,
intangible, real, or personal and, without limiting that
meaning, includes --
(a) any chose in action or goodwill; or
(b) any right, interest, or claim of any kind,
10 whether arising from, accruing under, created or evidenced
by or the subject of, an instrument or otherwise and
whether liquidated or unliquidated, actual, contingent or
prospective;
"assignee" means the person specified in a transfer order as --
15 (a) the person to whom anything is assigned; or
(b) the person a reference to whom has to be treated as
being substituted for a reference to the corporation in
an agreement or instrument in order to give effect to
section 16(1)(b);
20 "liability" means any liability, duty or obligation --
(a) whether actual, contingent or prospective, liquidated
or unliquidated; or
(b) whether owed alone or jointly or jointly and severally
with any other person;
25 "right" means any right, power, privilege or immunity whether
actual, contingent or prospective, but does not include any
privilege or immunity enjoyed as an agent of the Crown
except in so far as it relates to anything done or omitted to
be done before the transfer time;
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Gas Corporation (Business Disposal) Bill 1999
Implementing disposal and ancillary matters Part 3
Transfer orders Division 1
s. 15
"transfer order" means an order under section 15, as amended
under that section or corrected under section 21 if
applicable;
"transfer time" means the transfer time specified in a transfer
5 order.
15. Minister may make transfer orders
(1) For the purpose of doing anything in preparation for, or giving
effect to, a section 6 disposal, the Minister may make and
publish in the Gazette an order that --
10 (a) specifies a time, being not before the day the order is
published, to be the transfer time for that order;
(b) specifies any asset or liability of the corporation that, by
operation of section 16, is to be assigned to the person
specified in the order;
15 (c) specifies proceedings in which the person specified in
the order is to be substituted for the corporation as a
party; and
(d) specifies any agreement or instrument relating to
anything assigned that, by operation of section 16, is to
20 have effect as if, unless otherwise expressly specified in
the order, references to the assignee were substituted for
references in it to the corporation.
(2) If the transfer time is specified by reference to when a thing is
done, the Minister is to cause notice to be published in the
25 Gazette of the time when that thing was done and that thing is to
be regarded as having been done at that time unless the contrary
is proved.
(3) An order under subsection (1) may allocate a value to an asset, a
liability, a class of assets or a class of liabilities.
page 13
Gas Corporation (Business Disposal) Bill 1999
Part 3 Implementing disposal and ancillary matters
Division 1 Transfer orders
s. 16
(4) The transfer order may specify things by reference to schedules
which --
(a) need not be published in the Gazette; but
(b) must be available for public inspection,
5 and anyone or anything specified in a schedule is to be taken to
be specified in the order.
(5) Anyone or anything may be specified in a transfer order by
describing the person or thing as a member of a class.
(6) Before a transfer order is made specifying anything by reference
10 to a schedule, a copy of which will be required to be delivered
to a relevant official under section 20, the Minister is to consult
as to the form and content of the schedule with the relevant
official (or each relevant official if there is more than one).
(7) The transfer order, or a schedule to which it refers, may, with
15 the consent of the assignee, be amended by the Minister, by
further order published in the Gazette, but no such amendment
may be made after the transfer time.
(8) An order under this section and any schedule to which it refers
is to be signed by the Minister.
20 16. Consequences of transfer order
(1) If a transfer order is made then, except as may be otherwise
agreed between the Minister and the assignee --
(a) at the transfer time --
(i) an asset that is specified is, by operation of this
25 section, assigned to the assignee;
(ii) a liability that is specified is, by operation of this
section, assigned to and becomes a liability of
the assignee; and
page 14
Gas Corporation (Business Disposal) Bill 1999
Implementing disposal and ancillary matters Part 3
Transfer orders Division 1
s. 17
(iii) the assignee is, by operation of this section,
substituted for the corporation as a party to any
specified proceedings;
(b) an agreement or instrument that is specified has effect,
5 by operation of this section, as if, unless otherwise
expressly specified, a reference to the assignee were, at
the transfer time, substituted for a reference to the
corporation in the agreement or instrument.
(2) If a transfer order assigns an interest held by the corporation as
10 a joint tenant with the Electricity Corporation, the assignment
does not sever the joint tenancy and the assignee holds the
interest as a joint tenant with the Electricity Corporation.
(3) In this section --
"Electricity Corporation" means the Electricity Corporation
15 established by the Electricity Corporation Act 1994;
"specified" means specified in the transfer order.
17. Completion of necessary transactions
If section 16 cannot, to any extent, have effect as described in
this Division (whether because a matter is governed otherwise
20 than by the law of the State, or for any other reason), the
Minister and the corporation are each to take all practicable
steps for the purpose of securing that the effect sought to be
achieved by the transfer order and this Division is achieved as
soon as possible after the transfer time.
25 18. Contracts arising from certain internal arrangements of
corporation
(1) An instrument that provides for arrangements between different
parts of the corporation's business and operations may be
specified in a transfer order as if it created contractual rights and
30 liabilities.
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Gas Corporation (Business Disposal) Bill 1999
Part 3 Implementing disposal and ancillary matters
Division 1 Transfer orders
s. 19
(2) An instrument specified as described in subsection (1) is to be
regarded as if its provisions were contractual provisions
between different legal entities.
(3) The definitions of "liability" and "right" in section 14 include
5 contractual liabilities and rights that are to be regarded as
arising because of subsection (2), and those liabilities and rights
are accordingly assignable under this Division.
19. Arrangements for custody and use of records
The corporation and an assignee may make arrangements for the
10 delivery or sharing of, and access to, registers, papers,
documents, minutes, receipts, books of account and other
records (however compiled, recorded, or stored) relating to any
asset, liability, proceedings, agreement, or instrument specified
under section 15(1) in a transfer order.
15 20. Registration of documents
(1) The Minister is to cause a copy of each transfer order, any
schedule to which it refers, and any notice under section 15(2)
relating to the transfer time, to be delivered to each relevant
official and the corporation.
20 (2) The relevant officials are to take notice of this Part, any transfer
order, including a schedule to which the order refers, and any
notice under section 15(2), and are to record and register in the
appropriate manner the documents necessary to show the effect
of the transfer order and this Part.
25 (3) In this section --
"relevant official" means the Registrar of Titles, the Registrar
of Deeds, the Ministers respectively administering the Land
Administration Act 1997 and the Mining Act 1978 or any
other person authorized by a written law to record and give
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Gas Corporation (Business Disposal) Bill 1999
Implementing disposal and ancillary matters Part 3
Other matters Division 2
s. 21
effect to the registration of documents relating to
transactions affecting relevant property;
"relevant property" means property of a kind affected by the
transfer order, whether it is an estate or interest in land or
5 any other property.
21. Rectifying error in transfer order
(1) The Minister may by order published in the Gazette make any
provision that is necessary to correct any error in a transfer
order or a schedule to which a transfer order refers.
10 (2) An order under this section may be made so as to have effect
from the transfer time under the transfer order.
(3) To the extent that a provision of an order under this section has
effect before the day of its publication in the Gazette, section 16
does not, as a result of that provision, operate so as --
15 (a) to affect, in a manner prejudicial to any person (other
than the State, the corporation, the assignee, or a
Minister, officer or agency of the State), the rights of
that person existing before the day of publication; or
(b) to impose liabilities on any person (other than the State,
20 the corporation, the assignee, or a Minister, officer or
agency of the State), in respect of anything done or
omitted to be done before the day of publication.
Division 2 -- Other matters
22. Assignable nature of the assets
25 (1) The assignment of an asset by the corporation is not prevented
by any written law that, before the assignment, states that the
asset vests in the corporation.
page 17
Gas Corporation (Business Disposal) Bill 1999
Part 3 Implementing disposal and ancillary matters
Division 2 Other matters
s. 23
(2) An asset that has been assigned under this Act belongs to the
assignee, or any person to whom it may be subsequently
assigned by or through the assignee, regardless of whether it is a
fixture or an asset in the nature of a fixture, and is capable of
5 being removed from the land and, whether or not it has been
removed, is capable of being assigned separately from the land.
23. Benefits of easements assignable
(1) The benefit of an easement in favour of the corporation to which
any land is subject by virtue of section 27A(1)(b)(v) of the
10 Town Planning and Development Act 1928 or otherwise (even
though the easement may not have been created as being
assignable) is capable of being assigned from the corporation or
any person to whom it may be subsequently assigned.
(2) Upon being satisfied that an easement has been assigned in
15 accordance with subsection (1), the Registrar of Titles or
Registrar of Deeds as the case requires --
(a) upon application in writing by the assignee; and
(b) after notice in writing has been given to each person
having a registered interest in the land,
20 is to make all such entries or endorsements, or register any such
memorial, as may be necessary or proper to show the person
having the benefit of the easement.
24. Use of corporation's staff and facilities
(1) This section applies only until the day fixed under section 2(5).
page 18
Gas Corporation (Business Disposal) Bill 1999
Implementing disposal and ancillary matters Part 3
Other matters Division 2
s. 25
(2) The corporation may, on such terms as are agreed between the
corporation and the corporate vehicle, make available to the
corporate vehicle --
(a) any member of staff of the corporation engaged under
5 the Gas Corporation Act 1994;
(b) any facilities or services of the corporation.
25. Consumer contracts
(1) Any person who was a tariff consumer immediately before the
relevant day is to be regarded on and from that day as having
10 entered into a contract with the assignee of the supply business
in a form approved by the Coordinator of Energy and set out in
a notice published in the Gazette.
(2) A notice under subsection (1) can specify different forms of
contract in respect of different classes of tariff consumers.
15 (3) In this section --
"Coordinator of Energy" means the Coordinator of Energy
referred to in section 4 of the Energy Coordination
Act 1994;
"relevant day" means the day fixed under section 2(5) or such
20 earlier day as the Minister may fix for the purposes of this
section by notice published in the Gazette;
"supply business" means that part of the operations of the
corporation or a subsidiary that consisted of or included the
supply of gas to tariff consumers;
25 "tariff consumer" means a person who was supplied with gas
by the corporation or a subsidiary (otherwise than under a
written contract) in relation to which the person was liable
to pay fees and charges prescribed under section 124 of the
Energy Corporations (Powers) Act 1979.
page 19
Gas Corporation (Business Disposal) Bill 1999
Part 3 Implementing disposal and ancillary matters
Division 2 Other matters
s. 26
26. Proceeds of disposal
(1) A direction under section 7(1) may, if the Treasurer concurs,
require the corporation to pay or use any of the proceeds of a
section 6 disposal as specified in the direction.
5 (2) Subject to subsection (1), the proceeds of a section 6 disposal
are to be applied as follows --
(a) firstly in meeting the expenses of disposal as determined
by the Treasurer;
(b) secondly in payment to the corporate vehicle of any
10 amount determined by the Treasurer;
(c) thirdly in payment of the liabilities of the corporation
and subsidiaries; and
(d) fourthly by the payment of the balance into the
Consolidated Fund.
15 27. Disclosure of information
(1) A disclosure of information made in accordance with this
section for the purposes of facilitating a section 6 disposal is not
to be regarded --
(a) as a breach of contract or confidence or otherwise as a
20 civil wrong;
(b) as a contravention of section 24 of the Energy
Coordination Act 1994;
(c) as a contravention of Schedule 2 to the Gas Corporation
Act 1994;
25 (d) as a contravention of section 5 of the Statutory
Corporations (Liability of Directors) Act 1996; or
(e) as a contravention of section 232 or Part 7.11
Division 2A of the Corporations Law.
page 20
Gas Corporation (Business Disposal) Bill 1999
Implementing disposal and ancillary matters Part 3
Other matters Division 2
s. 28
(2) Subsection (1) applies to a disclosure of information made by
the Government, the corporation or a subsidiary, or by a person
acting with the authority of the Government, the corporation or
a subsidiary, but does not apply to any other person to whom the
5 information is given.
(3) Subsection (1) applies to a disclosure of information made by
the corporate vehicle, or by a person acting with the authority of
the corporate vehicle, before the day fixed under section 2(5),
but does not apply to any other person to whom the information
10 is given.
(4) Subsection (1) applies to confidential information or
information not publicly known concerning the affairs of --
(a) the corporation or a subsidiary;
(b) the corporate vehicle, or a subsidiary of it within the
15 meaning of the Corporations Law; or
(c) a customer, or former customer, of a body referred to in
paragraph (a) or (b).
28. Auditor General may disclose information
(1) The Auditor General may disclose to any person, or provide any
20 person with access to, information relating to the corporation
that is in the possession or under the control of the Auditor
General, if the information is disclosed or the access is
provided --
(a) for the purpose of facilitating a section 6 disposal; and
25 (b) at the request of the corporation or a committee referred
to in section 7(3).
(2) Subsection (1) applies despite section 91 of the Financial
Administration and Audit Act 1985.
page 21
Gas Corporation (Business Disposal) Bill 1999
Part 3 Implementing disposal and ancillary matters
Division 2 Other matters
s. 29
29. Offence of disclosing information
(1) A person who --
(a) under section 28 or otherwise, obtains information
connected with a section 6 disposal; and
5 (b) has agreed or is otherwise under a duty not to disclose
the information to others,
(in this section called "the bound recipient") commits an
offence if the person breaches the agreement or the duty without
lawful excuse.
10 (2) A person who obtains information referred to in subsection (1)
from or through the bound recipient commits an offence if,
without lawful excuse, the person discloses the information in a
way that would have resulted in a breach of an agreement or
duty if the disclosure had been by the bound recipient.
15 Penalty: $100 000.
30. Saving
The operation of a provision of this Act is not to be regarded --
(a) as a breach of contract or confidence or otherwise as a
civil wrong;
20 (b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets or liabilities or the disclosure of information;
(c) as giving rise to any remedy by a party to an instrument
or as causing or permitting the termination of any
25 instrument, because of a change in the beneficial or legal
ownership of any asset or liability;
(d) as causing any contract or instrument to be void or
otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
page 22
Gas Corporation (Business Disposal) Bill 1999
Implementing disposal and ancillary matters Part 3
Other matters Division 2
s. 31
31. State indemnities and guarantees
(1) The Treasurer may, in the name and on behalf of the State, give
an indemnity or guarantee in respect of a matter related to --
(a) a section 6 disposal; or
5 (b) the assignment of anything in connection with a
section 6 disposal.
(2) The Treasurer may, in the name and on behalf of the State, give
to any person who is or has been --
(a) a director or officer of the corporation or of a subsidiary;
10 (b) a director or officer of the corporate vehicle or of a
subsidiary of it within the meaning of the Corporations
Law; or
(c) a member or alternate member of a committee referred
to in section 7(3),
15 an indemnity against any liability determined by the Treasurer
whether or not the liability relates to a matter referred to in
subsection (1).
(3) In subsection (2) --
"liability" includes civil liability under the Corporations Law.
20 (4) The payment of any money under an indemnity or guarantee
given under this section is to be made by the Treasurer and
charged to the Consolidated Fund, which this section
appropriates to the necessary extent.
32. State takeover of certain obligations
25 (1) This section applies to an obligation (whether contingent or
otherwise) of the corporation or a subsidiary.
page 23
Gas Corporation (Business Disposal) Bill 1999
Part 3 Implementing disposal and ancillary matters
Division 2 Other matters
s. 33
(2) The Treasurer, in the name and on behalf of the State, may, in
connection with a section 6 disposal, agree to take over an
obligation.
(3) If the performance of the obligation was guaranteed by the
5 State, the agreement may also provide for --
(a) the release by the State of any security held by the State
in connection with the guarantee; or
(b) the release of a person from an undertaking that the
person gave to the State in relation to any security
10 described in paragraph (a).
(4) The Treasurer may authorize the payment of money to
discharge an obligation that the State has taken over under
subsection (2), whether by terminating the obligation or
otherwise.
15 (5) A payment authorized under subsection (4) is to be made out of
the Consolidated Fund, which this section appropriates to the
necessary extent.
33. Regulations
Regulations may provide for --
20 (a) anything for which it is necessary or convenient to make
provision in order to give effect to a section 6 disposal;
(b) anything that it is necessary or convenient to deal with
as a consequence of anything in, or anything done
under, Part 2 or this Part.
page 24
Gas Corporation (Business Disposal) Bill 1999
Transitional provisions Part 4
s. 34
Part 4 -- Transitional provisions
34. Purpose of this Part
The purpose of this Part is to enable and facilitate a convenient
transition from the carrying on by the corporation of any of its
5 business under the Gas Corporation Act 1994 to the carrying on
of that business by the person to whom it is disposed of under
this Act.
35. Subsidiary to have corporation's powers and duties
One aspect of the purpose set out in section 34 is to enable any
10 subsidiary to which the corporation has transferred anything to
be given substantially the same powers, duties, rights, and
obligations, in respect of that thing as the corporation would
have had if there had not been a transfer.
36. Modification of other written laws
15 (1) Regulations may modify the effect of any written law, in so far
as it relates to a subsidiary, as may be necessary or convenient
for the purposes of this Part.
(2) Without limiting subsection (1), regulations may provide --
(a) that a reference to the corporation in a written law, other
20 than this Act, that related to anything before it was
transferred to a subsidiary includes a reference to the
subsidiary; and
(b) that to the extent that a written law applies because of a
regulation made in accordance with paragraph (a), it is
25 modified as specified in the regulations.
page 25
Gas Corporation (Business Disposal) Bill 1999
Part 5 Miscellaneous
s. 37
Part 5 -- Miscellaneous
37. Auditor General to report on certain matters
(1) The Auditor General must examine and report to each House of
Parliament within 60 days of the day fixed under section 2(5) on
5 the following matters --
(a) any obligations, duties or liabilities taken over by or
imposed on the State under this Act;
(b) any indemnities or guarantees given by or on behalf of
the State under this Act; and
10 (c) any other matter that arises out of or is connected with
the matters mentioned in paragraphs (a) and (b).
(2) If a House of Parliament is not sitting when the Auditor General
is ready to report to it under subsection (1) the Auditor General
is to transmit the report to the Clerk of that House and the report
15 is to be regarded as having been received by that House.
(3) The receipt of a report that is to be regarded as having occurred
under subsection (2) is to be recorded in the Minutes, or Votes
and Proceedings, of the House on the first sitting day after the
Clerk receives the report.
20 (4) If in any year any indemnity or guarantee given under
section 31(1) or (2) remains outstanding, the Auditor General
may include in his or her report under section 95 of the
Financial Administration and Audit Act 1985 a report on the
extent of the liability of the State under those indemnities and
25 guarantees.
38. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
30 purposes of this Act.
page 26
Gas Corporation (Business Disposal) Bill 1999
Miscellaneous Part 5
s. 38
(2) Without limiting the generality of subsection (1), the regulations
may apply the provisions of regulations made under
section 26(2) of the Energy Coordination Act 1994, with such
modifications (if any) as are prescribed, to the sale or supply of
5 gas within a distribution area to persons who --
(a) are tariff consumers within the meaning of section 25; or
(b) are not contestable customers within the meaning of
section 91(1) of the Gas Pipelines Access (Western
Australia) Act 1998.
10 (3) Regulations made for the purposes of subsection (2) may
require a person selling or supplying the gas to offer persons
described in paragraph (a) or (b) of that subsection a form of
contract that has been approved by the Coordinator.
(4) In subsection (2) --
15 "distribution area" means the area to which a distribution
licence granted under Part 2A of the Energy Coordination
Act 1994 to --
(a) the corporation or a subsidiary; or
(b) the corporate vehicle or a subsidiary of it within the
20 meaning of the Corporations Law,
applies.
page 27
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 39
Part 6 -- Effect on other Acts
Division 1 -- Provisions commencing on Royal Assent
Subdivision 1 -- Aboriginal Heritage Act 1972
39. Section 18 amended
5 After section 18(1) of the Aboriginal Heritage Act 1972* the
following subsection is inserted --
"
(1a) A person is also included as an owner of land for the
purposes of this section if --
10 (a) the person --
(i) is the holder of rights conferred under
section 34 of the Dampier to Bunbury
Pipeline Act 1997 in respect of the land
or is the holder's nominee approved
15 under section 34(3) of that Act; or
(ii) has authority under section 7 of the
Petroleum Pipelines Act 1969 to enter
upon the land;
or
20 (b) the person is the holder of a distribution licence
under Part 2A of the Energy Coordination
Act 1994 as a result of which the person has
rights or powers in respect of the land.
".
25 [*Reprinted as at 4 October 1995.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp.2-3.]
page 28
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 40
Subdivision 2 -- Dampier to Bunbury Pipeline Act 1997
40. The Act amended
The amendments in this Subdivision are to the Dampier to
Bunbury Pipeline Act 1997*.
5 [* Act No. 53 of 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.67.]
41. Section 34 amended
After section 34(5) the following subsections are inserted --
10 "
(5a) Rights are to be regarded as having been conferred
under this section on the corporation, for the purposes
of a pipeline for transporting gas that is not part of the
corporation's DBNGP system, to the full extent that
15 they are capable of being conferred under this section.
(5b) Subsection (5a) --
(a) is to be regarded as having had effect since
immediately after the commencement of
Schedule 4 clause 9; and
20 (b) ceases to have effect immediately before rights
are actually conferred on the corporation for the
purposes referred to in subsection (5a).
".
42. Section 43 repealed
25 Section 43 is repealed.
43. Schedule 3 repealed
Schedule 3 is repealed.
page 29
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 44
44. Schedule 4 amended
(1) Schedule 4 Division 2 is repealed.
(2) Schedule 4 Division 9 is repealed.
Subdivision 3 -- Electricity Corporation Act 1994
5 45. Section 38A inserted
After section 38 of the Electricity Corporation Act 1994* the
following section is inserted --
"
38A. Directions by Governor
10 (1) The Governor may from time to time by instrument in
writing served on the corporation direct the corporation
not to sell or supply gas --
(a) within, or for delivery or consumption within, a
specified area or specified areas of the State;
15 (b) in specified quantities; or
(c) to specified customers or a specified class of
customers.
(2) In subsection (1) --
"specified" means specified in the instrument.
20 (3) Sections 41, 42 and 43 (4) of the Interpretation
Act 1984 apply to an instrument under this section as if
it were a regulation.
page 30
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 46
(4) A direction under this section has effect and is to be
complied with by the corporation despite any other
written law.
".
5 [* Act No. 86 of 1994.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.81.]
Subdivision 4 -- Energy Coordination Act 1994
46. The Act amended
10 The amendments in this Subdivision are to the Energy
Coordination Act 1994*.
[* Act No. 71 of 1994.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.82, and Act No. 20 of 1999.]
15 47. Section 3 amended
Section 3 is amended as follows:
(a) by deleting the definition of "distribution system" and
inserting instead the following definition --
"
20 "distribution system" means --
(a) a system of pipelines, mains, and gas service
pipes, designed to operate at a pressure of less
than 1.9 megapascals, for the transportation of
gas to customers; or
page 31
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 48
(b) any other part of the gas distribution system (as
defined in section 90 of the Gas Corporation
Act 1994) at the time when a distribution
licence is first issued for all or any part of that
5 system (regardless of the pressure at which it is
designed to operate),
and any associated apparatus, facilities, structures,
plant, or equipment;
";
10 (b) by deleting the definition of "Gas Corporation".
48. Section 11M amended
Section 11M(3) and (6) are repealed.
49. Section 24A inserted
In Part 5, before section 25, the following section is inserted --
15 "
24A. Gas supply system emergencies
(1) Schedule 3 applies with respect to gas supply system
emergencies.
(2) To the extent that Schedule 3 or anything in an order
20 under that Schedule is inconsistent with any safety
provision of the Petroleum Pipelines Act 1969 or of a
licence under that Act or under Part 2A of the Energy
Coordination Act 1994, the safety provision prevails
and the inconsistent provision of Schedule 3 or the
25 order has no effect.
page 32
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 50
(3) In subsection (2) --
"safety provision" means a provision the effect of
which is to protect a person from injury or
property from damage
5 ".
50. Section 26 amended
(1) Section 26 is amended by inserting before "The Governor" the
subsection designation "(1)".
(2) At the end of section 26 the following subsection is inserted --
10 "
(2) Without limiting the generality of subsection (1), the
regulations may --
(a) fix the fees and charges, or the means of
determining the fees and charges, that, unless
15 otherwise agreed, are to be payable by
customers of a prescribed class in relation to --
(i) the supply of gas in prescribed
circumstances; or
(ii) the provision of any prescribed service;
20 (b) deal with any other matter relating to the fixing
or determination of fees and charges;
(c) where fees and charges, or the means of
determining fees and charges, are fixed under
paragraph (a), require a person supplying the
25 gas or providing the service to offer customers
of the prescribed class a form of contract that
has been approved by the Coordinator.
".
page 33
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 51
51. Schedule 1 amended
Schedule 1 is amended by inserting after paragraph (i) the
following paragraphs --
"
5 (ia) if the licence is a distribution licence, requiring the
licensee to undertake an extension of, or an
expansion to, the distribution system located within
an area specified in the licence;
(ib) if the licence is a trading licence, requiring the
10 licensee to ensure the supply of gas to existing or
new customers who require it, in such
circumstances as may be specified in the licence
whether by reference to a class of gas customer, the
amount of gas to be supplied to the customer or
15 customers of a class, where the gas is to be
consumed, or any other factor;
(ic) if the licence is a trading licence, regulating the
extent to which the licensee's gas customers may be
of a particular class;
20 (id) requiring the licensee to lodge with the Coordinator
securities in an amount and of a nature acceptable to
the Coordinator securing the performance by the
licensee of the requirements, responsibilities and
obligations under the licence.
25 ".
page 34
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 52
52. Schedule 3 inserted
At the end of the Act, the following Schedule is inserted --
"
Schedule 3 -- Gas supply system emergencies
5 [s. 24A]
1. Definitions
(1) In this Schedule --
"emergency" means --
(a) any event or circumstance in relation to a supply
10 system by reason of which the supply of gas
from it is, or in the opinion of the Coordinator
may reasonably be expected to be, seriously
affected; or
(b) any event or circumstance in relation to any act,
15 matter or thing by reason of which the supply of
gas from a supply system is, or in the opinion of
the Coordinator may reasonably be expected to
be, seriously affected,
that, in the opinion of the operator of the supply
20 system, requires the immediate exercise of powers
given by clause 2 or, in the opinion of the Coordinator,
requires the exercise of powers given by clause 3(1)
or 4;
"emergency order" means an order under clause 3(1);
25 "seriously affected" means affected to the extent that --
(a) any life or property is or may be endangered; or
(b) the supply of gas to a significant proportion of the
users of gas delivered either directly or indirectly by
the supply system is, may be, or should be, reduced
30 or terminated;
page 35
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 52
"supply system" means the privatized DBNGP system
within the meaning of the Dampier to Bunbury
Pipeline Act 1997 or any distribution system operated
within the State.
5 (2) For the purposes of the definition of "emergency" the
supply of gas from a supply system is to be regarded as
being affected if the obtaining or manner of delivery of gas
from it is affected.
2. Action by operator
10 (1) If a state of emergency exists in relation to a supply system,
the operator of the supply system is to notify the
Coordinator of the state of emergency as soon as practicable
after becoming aware of it.
(2) If a state of emergency exists which, by reason of the nature
15 of the emergency, does not reasonably allow sufficient time
for the emergency to be avoided or mitigated or the
continued transport and supply of gas to be ensured through
the exercise by the Coordinator of powers given by clause 3,
the operator of the supply system concerned may take any
20 immediate measures that seem appropriate to avoid or
mitigate the emergency, or to ensure the continued transport
and supply of gas, in a manner that seems appropriate.
3. Emergency order
(1) If a state of emergency exists, the Coordinator may make
25 any order that the Coordinator considers necessary and the
circumstances reasonably allow, to --
(a) provide for --
(i) gas to be transported to or by any person or
class of persons, or upon any premises or
30 class of premises, within the whole or any
portion of the State, or for any particular
purpose or purposes; and
page 36
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 52
(ii) the control, regulation, imposition of
restrictions upon, curtailment, interruption,
prohibition, or termination, of the supply or
use of gas to or by any person or class of
5 persons, or upon any premises or class of
premises, within the whole or any portion of
the State, or for any particular purpose or
purposes,
for any period or periods specified in the order;
10 (b) provide for the exemption of any person or class of
persons, or of any premises or class of premises, or
of any place or institution or class of place or
institution, from the operation of the whole or part
of the order;
15 (c) provide for the delegation, either generally or
specifically, to any person or body of any authority
or discretion of the Coordinator under this
Schedule.
(2) An emergency order has effect --
20 (a) in the portion of the State specified in it; and
(b) on and from the time the order is made, or such later
time as is specified in the order,
and it ceases to have effect 7 days after it first has effect,
unless previously renewed or cancelled.
25 (3) An emergency order is to be --
(a) published for general information in any portion of
the State affected by the order as soon as practicable
and in a manner that the Coordinator considers
likely to be appropriate having regard to the
30 circumstances and what may be practicable;
page 37
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 52
(b) confirmed thereafter by notice in the Gazette setting
out --
(i) the time and date on which it was made;
and
5 (ii) the time, date and manner of its original
publication;
and
(c) if the manner of publication under paragraph (a)
was not by means of a notice in a newspaper, made
10 known in that manner as soon as circumstances
permit.
(4) An emergency order may be renewed, cancelled or varied
by the Coordinator by a subsequent order.
4. Emergency action by Coordinator
15 If a state of emergency exists, the Coordinator may take any
measures considered appropriate in relation to the
emergency, or in relation to the consequences of that
emergency, to diminish the effect of, or to terminate, that
emergency, including measures to discontinue supply to any
20 person considered by the Coordinator to be contravening an
emergency order.
5. Liability to punishment continues
The cancellation or variation of an emergency order does
not affect --
25 (a) any penalty or punishment incurred, imposed, or
liable to be incurred or imposed, before the
cancellation or variation; or
(b) any investigation or legal proceedings in respect of
such a penalty or punishment,
30 despite any other enactment.
page 38
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 52
6. Protection
Despite any obligation or duty that a person has to effect or
continue any supply of gas, neither that person, the
Coordinator, the State, any Minister of the Crown, nor an
5 officer or servant of any of them, is liable for --
(a) any interruption, diminution, or termination of any
supply that arises by reason of any act done in good
faith in the exercise or in purported exercise of
powers given by this Schedule; or
10 (b) any loss or damage consequential upon an
interruption, diminution, or termination of supply
referred to in paragraph (a).
7. Powers of entry
(1) While a state of emergency exists and for so long afterwards
15 as the circumstances reasonably require, a person given
powers by this Schedule may, without notice and without
any warrant other than this subclause, immediately enter
onto or into any land, premises or thing if it is necessary to
do so to exercise any of those powers.
20 (2) Any question as to what is a necessary entry may be
determined by the person exercising the power of entry, and
in any proceedings the question is to be presumed, in the
absence of evidence to the contrary, to have been
determined in good faith.
25 (3) A person exercising the power of entry given by this clause
is required, as soon as practicable, to --
(a) remove or cause to be removed any machinery,
equipment or other thing that the person brought or
caused to be brought onto or into the land, premises,
30 or thing for the purpose for which entry was made;
and
page 39
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 52
(b) make good any physical damage caused in the
course of exercising the powers for the purposes of
which entry was made, or pay compensation or
effect restoration, rehabilitation or restitution.
5 (4) If entry is effected under this clause for the purpose of
exercising powers under clause 3 or 4, the Coordinator may
recover as a debt from the operator of the supply system
concerned the costs of any expenses incurred in dealing with
that emergency, including any expenses incurred in
10 complying with obligations under subclause (3).
(5) While an emergency order is in force, any person authorized
by the Coordinator in writing to do so may, without prior
notice, enter premises supplied with gas and there make any
search or examination necessary to determine whether the
15 order is, in respect of those premises, being contravened in
any respect.
8. Offences
(1) A person --
(a) obstructing a person in the exercise of a function
20 under this Schedule; or
(b) contravening an emergency order,
commits an offence.
(2) The penalty for an offence under subclause (1) is --
(a) in the case of an individual, $5 000;
25 (b) in the case of a body corporate, $50 000.
".
page 40
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 53
Subdivision 5 -- Energy Corporations (Powers) Act 1979
53. The Act amended
The amendments in this Subdivision are to the Energy
Corporations (Powers) Act 1979*.
5 [* Reprinted as at 25 May 1995.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.83, and Act No. 20 of 1999.]
54. Section 56 repealed
Section 56 is repealed.
10 55. Section 57 amended
(1) Section 57(1) is amended as follows:
(a) by deleting "a corporation" in the first place where it
occurs and inserting instead --
"
15 the Electricity Corporation (in this section called "the
corporation")
";
(b) by deleting "a corporation" in the second and third
places where it occurs and inserting instead --
20 " the corporation ".
(2) Section 57(10)(a) is amended by deleting "a corporation" in
both places where it occurs and inserting instead --
" the corporation ".
page 41
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 56
56. Section 66 amended
Section 66(2) is amended by inserting after "prescribed" --
"
under the Electricity Act 1945 or the Gas Standards Act
5 1972, as the case may be
".
Subdivision 6 C Gas Corporation Act 1994
57. The Act amended
The amendments in this Subdivision are to the Gas Corporation
10 Act 1994*.
[* Act No. 87 of 1994.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.102-3, and Act No. 26 of 1999.]
58. Section 3 amended
15 Section 3 is amended in the definition of "subsidiary" as
follows C
(a) in paragraph (b)(iii) by deleting "partnership;" and
inserting instead C
" partnership, ";
20 (b) after paragraph (b) by inserting C
"
but, except in sections 71, 72 and 74, does not include
the corporate vehicle as defined in section 5(2) of the
Gas Corporation (Business Disposal) Act 1999 or a
25 subsidiary of the corporate vehicle within the meaning
of the Corporations Law;
".
page 42
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 59
59. Section 7 amended
Section 7(1)(b) is amended by deleting "4" and inserting
instead C
" 3 ".
5 60. Section 89A inserted
After section 89 the following section is inserted C
"
89A. Additional financial reporting relating to the
disposal of the business
10 (1) Nothing in Division 3, this Division or Schedule 3
prevents the corporation from preparing financial
statements for a half-yearly or lesser period, and having
those financial statements audited by a registered
company auditor, if the board considers that it is
15 desirable to do so for the purposes of the
implementation of Parts 2 and 3 of the Gas
Corporation (Business Disposal) Act 1999.
(2) In subsection (1) C
"registered company auditor" means a person who is
20 for the time being registered as an auditor or taken
to be registered as an auditor under Part 9.2 of the
Corporations Law.
".
page 43
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 61
61. Section 96A inserted
After section 96 the following section is inserted C
"
96A. Minister may waive certain requirements
5 (1) In this section C
"specified obligation" means C
(a) an obligation under Part 4 Division 1, Part 4
Division 2, section 62 or section 63;
(b) an obligation under Schedule 3 (including an
10 obligation under the Financial
Administration and Audit Act 1985 as
applied by clause 45(4));
(c) an obligation under Schedule 6
clause 5(1)(c) or (d);
15 (d) an obligation under Schedule 6
clause 5(3)(b) or any related obligation under
the regulations; or
(e) an obligation under the regulations to
provide a summary of audited books and
20 records relating to the gas distribution
system as defined in section 90.
(2) The Minister may, by notice published in the Gazette,
relieve the board or the corporation from compliance
with a specified obligation either generally or in such
25 circumstances or cases as are set out in the notice.
(3) A notice under this section C
(a) has effect according to its terms; and
(b) may be amended or revoked by another notice
under this section.
page 44
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 62
(4) This section does not authorize the Minister to relieve
the board or the corporation from compliance with a
specified obligation unless the Minister considers
that C
5 (a) compliance with the obligation would impede,
or be inconsistent with, the implementation of
Parts 2 and 3 of the Gas Corporation (Business
Disposal) Act 1999 or could adversely affect
the outcome of that implementation; or
10 (b) having regard to the implementation of Parts 2
and 3 of the Gas Corporation (Business
Disposal) Act 1999 C
(i) there is no significant need for the
obligation to be complied with; or
15 (ii) compliance with the obligation would
involve an unjustifiable use of
resources.
".
Subdivision 7 -- Gas Pipelines Access (Western Australia) Act 1998
20 62. The Act amended
The amendments in this Subdivision are to the Gas Pipelines
Access (Western Australia) Act 1998.
[* Act No. 65 of 1998.]
63. Section 90 amended
25 (1) Section 90(1) and (2) are amended by inserting after "Act" --
" (other than subsection (3a)) ".
page 45
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 1 Provisions commencing on Royal Assent
s. 64
(2) After section 90(3) the following subsection is inserted --
"
(3a) The exceptions described in subsections (1) and (2) --
(a) do not apply if the person is the Gas
5 Corporation; and
(b) from the relevant time, do not apply if the
person is the corporate vehicle.
(3b) In subsection (3a) and this subsection --
"corporate vehicle" has the meaning given by
10 section 5(2) of the Gas Corporation (Business
Disposal) Act 1999 or a subsidiary of it within the
meaning of that Act;
"Gas Corporation" means the Gas Corporation under
the Gas Corporation Act 1994 or a subsidiary of it
15 within the meaning of the Gas Corporation
(Business Disposal) Act 1999;
"relevant time" means the time when the gas
distribution system (as defined in section 90 of the
Gas Corporation Act 1994) has been transferred to
20 the corporate vehicle under Part 3 of the Gas
Corporation (Business Disposal) Act 1999.
".
64. Section 94 amended
(1) Section 94 is amended by inserting before "Section" the
25 subsection designation "(1)".
(2) Section 94 is amended by deleting "1 July 2002" and inserting
instead --
" the prescribed day ".
page 46
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on Royal Assent Division 1
s. 65
(3) At the end of section 94 the following subsection is inserted --
"
(2) In subsection (1) --
"prescribed day" means 1 July 2002 unless the day
5 fixed under section 2(5) of the Gas Corporation
(Business Disposal) Act 1999 is earlier than
1 July 2002 in which case it means the day so
fixed.
".
10 Subdivision 8 -- Gas Standards Act 1972
65. The Act amended
The amendments in this Subdivision are to the Gas Standards
Act 1972*.
[* Reprinted as at 15 February 1989.
15 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.103.]
66. Section 15 amended
Section 15(2)(d) is amended by inserting before "supply" --
" conveyance, control, or ".
20 Subdivision 9 -- Local Government Act 1995
67. Presence of pipeline does not constitute occupation of land
Despite anything to the contrary in the Local Government
Act 1995, land is not to be regarded as being occupied for the
purposes of that Act merely because --
25 (a) there is on or under that land any pipe or system of pipes
for or incidental to the transport of gas in respect of
which a distribution licence has been issued under
Part 2A of the Energy Coordination Act 1994; or
page 47
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 2 Provisions commencing immediately before corporation or a
subsidiary is licensed under the Energy Coordination Act 1994
s. 68
(b) a person is the holder of a distribution licence under
Part 2A of the Energy Coordination Act 1994 in respect
of a distribution system that is on or under that land.
Subdivision 10 -- Town Planning and Development Act 1928
5 68. Section 20 amended
After section 20(1)(c) of the Town Planning and Development
Act 1928* the following paragraph is inserted --
"
(ca) This subsection does not apply to --
10 (i) the conferral of rights under section 34
of the Dampier to Bunbury Pipeline
Act 1997; or
(ii) the issue of a distribution licence under
Part 2A of the Energy Coordination
15 Act 1994.
".
[*Reprinted as at 19 March 1999.]
Division 2 -- Provisions commencing immediately before
corporation or a subsidiary is licensed under the Energy
20 Coordination Act 1994
Subdivision 1 -- Dampier to Bunbury Pipeline Act 1997
69. The Act amended
The amendments in this Subdivision are to the Dampier to
Bunbury Pipeline Act 1997*.
25 [* Act No. 53 of 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.67, and Part 6 Division 1
Subdivision 2 of this Act.]
page 48
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing immediately before corporation or a Division 2
subsidiary is licensed under the Energy Coordination Act 1994
s. 70
70. Section 33 amended
(1) Section 33(5) is amended by deleting "had in respect of the
additional land immediately before it became land in the
DBNGP corridor" and inserting instead --
5 "
would have had immediately before the effective date
if the effective date had been before the
commencement of Part 6 Division 2 of the Gas
Corporation (Business Disposal) Act 1999
10 ".
(2) After section 33(5) the following subsection is inserted --
"
(5a) In subsection (5) --
"effective date" means the day on which the additional
15 land becomes land in the DBNGP corridor.
".
71. Section 34 amended
(1) Section 34(5) is amended by deleting "the corporation would
have" and inserting instead --
20 "
, before the commencement of Part 6 Division 2 of the
Gas Corporation (Business Disposal) Act 1999, the
corporation would have had
".
25 (2) Section 34(5a) and (5b) are repealed.
page 49
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 2 Provisions commencing immediately before corporation or a
subsidiary is licensed under the Energy Coordination Act 1994
s. 72
72. Schedule 4 amended
(1) Schedule 4 Division 3 is repealed.
(2) Schedule 4 clause 19 is repealed.
Subdivision 2 -- Energy Coordination Act 1994
5 73. The Act amended
The amendments in this Subdivision are to the Energy
Coordination Act 1994*.
[* Act No. 71 of 1994.
For subsequent amendments see 1998 Index to Legislation of
10 Western Australia, Table 1, p.82, and Act No. 20 of 1999.]
74. Section 6 amended
Section 6(b) is amended by deleting "the Electricity Act 1945
and the Gas Undertakings Act 1947" and inserting instead --
" this Act, the Electricity Act 1945 ".
15 75. Section 11ZO amended
Section 11ZO(1) and (2) are each amended by deleting "a
corporation" and inserting instead --
" an energy operator ".
page 50
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing immediately before corporation or a Division 2
subsidiary is licensed under the Energy Coordination Act 1994
s. 76
Subdivision 3 -- Energy Corporations (Powers) Act 1979
76. The Act amended
The amendments in this Subdivision are to the Energy
Corporations (Powers) Act 1979*.
5 [* Reprinted as at 25 May 1995.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.83, and Act No. 20 of 1999.]
77. Long title amended
The long title is amended as follows:
10 (a) by deleting "the Gas Corporation" and inserting
instead --
" certain other operators ";
(b) by deleting "corporations" and inserting instead --
" operators ".
15 78. Section 1 amended
Section 1 is amended by deleting "Corporations" and inserting
instead --
" Operators ".
79. Section 4 amended
20 Section 4(1) is amended by inserting after the definition of
"energy" the following definition --
"
"energy operator" means the Electricity Corporation
or, in a provision of this Act referred to in
25 Schedule 2 Part 1 or 2 of the Energy Coordination
Act 1994, a person section 11ZO of that Act
page 51
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 2 Provisions commencing immediately before corporation or a
subsidiary is licensed under the Energy Coordination Act 1994
s. 80
includes in a reference in that provision to an
energy operator;
".
80. Section 45 amended
5 Section 45(4)(c) is amended by deleting "in the case of the Gas
Corporation,".
81. Section 55 amended
Section 55(1)(b) is amended by deleting "or the Gas
Corporation".
10 82. Section 120 amended
Section 120 is amended by deleting "the corporation's" and
inserting instead --
" the energy operator's ".
83. Various references to "corporation" amended
15 (1) In each place listed in the Table to this subsection
"a corporation" is deleted and the following is inserted
instead --
" an energy operator ".
Table
20
s. 4(1) (in the definition of "charges"), and (2)
s. 5(2), and (3)
s. 6(2), and (3)
s. 37(1), and (2)
s. 38(1) (in both places where it occurs), (4), and (5)
s. 39(1), (2), (2a), and (3)
s. 40(1)
s. 41
page 52
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing immediately before corporation or a Division 2
subsidiary is licensed under the Energy Coordination Act 1994
s. 83
s. 42(1), and (2)
s. 43(1)(a), and (b), and (1a)
s. 45(1), (2), (3), (4), (5), (6), (7), (9), (10), (11), (12), (13),
and (14)
s. 46(1), (2), (3), (5), (7), (8), (9), (10), (11), (14), and (16)
s. 48(1), (2), and (4)
ss. 49, 50, and 51
s. 52(1), and (2)
s. 53(1)
s. 54(2)
s. 58(1)(a), and (b), (2), (3), and (4)
s. 59
s. 60(2)(a), (4), and (5)
s. 61(1), (4), and (7)
s. 62 (in each place where it occurs)
s. 64(1), and (2)
s. 65(1), (2) (in both places where it occurs), and (7)
s. 66(1)
s. 67(1), (3), and (4)(b)
s. 67A(1), and (2)
s. 74(1)(a), and (2)
s. 75(1)(a), (b), (c), (d), and (e), (2), and (4)
ss. 76, and 77
s. 79(1), and (2)
s. 84(2), and (3)
s. 87(1), (2)(b), and (3)
s. 88(1)
s. 120
s. 121(2)
s. 125(1)(c)
page 53
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 2 Provisions commencing immediately before corporation or a
subsidiary is licensed under the Energy Coordination Act 1994
s. 83
(2) In each place listed in the Table to this subsection
"A corporation" is deleted and the following is inserted
instead --
" An energy operator ".
5 Table
s. 28(3)
s. 43(2)
s. 46(12)
s. 48(3)
s. 53(2)
s. 61(2), (3), and (5)
s. 62(16)
s. 64(3), and (4)
s. 66(6)
s. 68(1)
s. 84(1)
s. 121(1)
(3) In each place listed in the Table to this subsection
"the corporation" is deleted and the following is inserted
instead --
10 " the energy operator ".
Table
s. 4(1) (in the definition of "service apparatus")
s. 4(2) (in each place where it occurs)
s. 5(2) (in both places where it occurs), and (3)
s. 6(2) (in both places where it occurs)
s. 28(3)(c), and (e)
s. 37(1), and (2) (in each place where it occurs)
s. 38(5)
page 54
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing immediately before corporation or a Division 2
subsidiary is licensed under the Energy Coordination Act 1994
s. 83
s. 39(1)
s. 39(2) (in each place where it occurs)
s. 39(3) (in both places where it occurs)
s. 40(1) (in both places where it occurs), and (2)
s. 41 (in both places where it occurs)
s. 42 (1) (in both places where it occurs), and (2)
s. 43(1) (in each place where it occurs), (1a), and (2)
s. 45 (in each place where it occurs)
s. 46 (in each place where it occurs)
s. 48 (in each place where it occurs)
s. 49 (in each place where it occurs)
s. 51 (in each place where it occurs)
s. 52 (in each place where it occurs)
s. 53(1), and (2)
s. 54(2)
s. 54(3) (in both places where it occurs)
s. 58 (in each place where it occurs)
s. 60(2), and (4)
s. 60(5) (in both places where it occurs)
s. 61 (in each place where it occurs)
s. 62 (in each place where it occurs)
s. 63
s. 64 (in each place where it occurs)
s. 65 (in each place where it occurs)
s. 66 (in each place where it occurs)
s. 67(1)(e), and (2) (in both places where it occurs)
s. 67A(1), and (2) (in both places where it occurs)
s. 68(1), and (8)(a), and (b)
s. 75(1)(d), and (e), (3), and (4)
s. 76
s. 79(2)
s. 84(3) (in both places where it occurs)
s. 87(1)(a), (b), (c), (d), (e), and (f)
s. 88(1) (in both places where it occurs), and (2)
page 55
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 2 Provisions commencing immediately before corporation or a
subsidiary is licensed under the Energy Coordination Act 1994
s. 84
s. 120 (in each place where it occurs)
s. 121(1), and (2) (in each place where it occurs)
s. 125(1)(c) (in both places where it occurs)
Subdivision 4 -- Gas Standards Act 1972
84. Section 4 amended
Section 4 of the Gas Standards Act 1972* is amended in the
definition of "undertaker" by deleting "the Gas Corporation"
5 and inserting instead --
"
any licensee within the meaning of the Energy
Coordination Act 1994
".
10 [*Reprinted as at 15 February 1989.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.103.]
Subdivision 5 -- Gas Undertakings Act 1947
85. Repeal
15 The Gas Undertakings Act 1947 is repealed.
Subdivision 6 -- Town Planning and Development Act 1928
86. Section 27A amended
Section 27A(1)(b)(v) of the Town Planning and Development
Act 1928* is deleted and the following subparagraph is inserted
20 instead --
"
(v) the holder of a distribution licence under
the Energy Coordination Act 1994 for
the purpose of the supply of gas, or
page 56
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing immediately before corporation or a Division 2
subsidiary is licensed under the Energy Coordination Act 1994
s. 87
access to gas supply works, under the
authority of that licence.
".
[* Reprinted as at 19 March 1999.]
5 Subdivision 7 -- Various Acts amended
87. Miscellaneous amendments
The enactments set out in the Table to this section are amended
by deleting "Corporations" and inserting instead (in the
appropriate printing font) --
10 " Operators ".
Table
Act Provision
Dampier to Bunbury Pipeline Act 1997 section 31(5)(c)
section 33(5)
section 34(5)
Electricity Corporation Act 1994 section 30(4)
section 32(3)
Gas Corporation Act 1994 section 30(4)
section 32(3)
Gas Pipelines Access (Western Australia)
Act 1998 section 8(1)(a)
Water Services Coordination Act 1995 Schedule 2 Part 2
Western Australian Planning Commission
Act 1985 section 19(1g)(a)(iii)
page 57
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 3 Provisions commencing on completion of disposal
s. 88
Division 3 -- Provisions commencing on completion of disposal
Subdivision 1 -- Dampier to Bunbury Pipeline Act 1997
88. Section 5 replaced
Section 5 of the Dampier to Bunbury Pipeline Act 1997* is
5 repealed and the following section is inserted instead --
"
5. Modified reading of references to the corporation
A reference in this Part to the corporation is to be read
in accordance with section 94(3) of the Gas
10 Corporation (Business Disposal) Act 1999.
".
[*Act No. 53 of 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.67.]
15 Subdivision 2 -- Energy Corporations (Powers) Act 1979
89. The Act amended
The amendments in this Subdivision are to the Energy
Corporations (Powers) Act 1979*.
[* Reprinted as at 25 May 1995.
20 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.83.]
90. Section 4 amended
Section 4(1) is amended by deleting the definitions of
"corporation" and "Gas Corporation".
page 58
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on completion of disposal Division 3
s. 91
91. Section 123 amended
(1) Section 123(1) is amended by deleting "a corporation" and
inserting instead --
" the Electricity Corporation ".
5 (2) Section 123(3)(a)is amended by deleting "a corporation" and
inserting instead --
" the Electricity Corporation ".
92. Section 124 amended
Section 124 is amended as follows:
10 (a) in subsection (1), by deleting "a corporation" and
inserting instead --
"
the Electricity Corporation (in this section called "the
corporation")
15 ";
(b) in subsections (1a), (2), and (4), by deleting "a
corporation" and inserting instead --
" the corporation ";
(c) in subsection (4)(k) --
20 (i) by deleting "in the case of by-laws made by the
Electricity Corporation,"; and
(ii) by deleting "that corporation" and inserting
instead --
" the corporation ";
25 (d) in subsection (5), by deleting "the Electricity
Corporation" in both places where it occurs and
inserting instead --
" the corporation ".
page 59
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 3 Provisions commencing on completion of disposal
s. 93
Subdivision 3 -- Gas Corporation Act 1994
93. Repeal
The Gas Corporation Act 1994 is repealed.
94. Winding up of affairs of Gas Corporation
5 (1) When the Gas Corporation Act 1994 is repealed the Minister
responsible for the administration of the Energy Coordination
Act 1994 (in this section called "the Minister") is required to
wind up the affairs of the former Gas Corporation as soon as is
practicable, and for the purpose of winding up those affairs --
10 (a) all real and personal property and every right or interest
in it that immediately before the repeal were vested in
the Gas Corporation pass to and become vested in the
Minister without any transfer or assignment;
(b) all records and data of the Gas Corporation pass to the
15 Minister;
(c) all rights, liabilities and obligations of the Gas
Corporation that existed immediately before the repeal
devolve on the Minister;
(d) all contracts, agreements and undertakings made by and
20 with the Gas Corporation and having effect immediately
before the repeal have effect as contracts, agreements
and undertakings made by and with the Minister and
may be enforced by or against the Minister accordingly;
and
25 (e) any legal or other proceedings or any remedies that
might, but for the repeal, have been commenced or
continued by or against or have been available to the
Gas Corporation may be commenced or continued by or
against or are available to the Minister, as the case
30 requires.
page 60
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on completion of disposal Division 3
s. 95
(2) A reference in subsection (1)(a), (c), (d) or (e) to the Minister is
a reference to the Minister in the name and on behalf of the
State.
(3) For the purposes described in subsection (1) a reference to the
5 Gas Corporation in --
(a) a law of the State in force; or
(b) a document in existence,
immediately before the repeal is to be construed as a reference
to the Minister unless in the context it would be inappropriate to
10 do so.
(4) This section does not apply to anything for which this Act has
made other provision.
Subdivision 4 -- Gas Pipelines Access (Western Australia) Act 1998
95. The Act amended
15 The amendment in this Subdivision is to the Gas Pipelines
Access (Western Australia) Act 1998*.
[* Act No. 65 of 1998.]
96. Section 74 amended
Section 74(2)(a) is amended by inserting after "1994" --
20 " (as enacted immediately before the repeal of that Act) ".
page 61
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 3 Provisions commencing on completion of disposal
s. 97
Subdivision 5 -- Gas Standards Act 1972
97. The Act amended
The amendments in this Subdivision are to the Gas Standards
Act 1972*.
5 [* Reprinted as at 15 February 1989.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.103.]
98. Section 4 amended
Section 4 is amended by deleting the definition of "Gas
10 Corporation".
99. Section 15 amended
Section 15(4) and (5) are repealed.
Subdivision 6 -- Various Acts amended
100. Constitution Acts Amendment Act 1899
15 The Constitution Acts Amendment Act 1899* Schedule V Part 3
is amended by deleting the item commencing "The Gas
Corporation".
[*Reprinted as at 15 April 1999.]
page 62
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provisions commencing on completion of disposal Division 3
s. 101
101. Equal Opportunity Act 1984
The Equal Opportunity Act 1984* is amended by deleting
section 139(1)(ca).
[*Reprinted as at 7 May 1999
5 For subsequent amendments see Act No. 2 of 1999.]
102. Explosives and Dangerous Goods Act 1961
The Explosives and Dangerous Goods Act 1961* is amended in
section 63(eb) by deleting "or the Gas Corporation under the
Gas Corporation Act 1994".
10 [*Reprinted as at 21 November 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.87.]
103. Government Employees Superannuation Act 1987
The Government Employees Superannuation Act 1987*
15 Schedule 1 Part B is amended by deleting "Gas Corporation".
[*Reprinted as at 22 January 1999.]
104. Land Administration Act 1997
The Land Administration Act 1997* is amended as follows:
(a) by deleting section 159(d);
20 (b) by deleting section 160(1)(d).
[*Act No. 30 of 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.136.]
page 63
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 3 Provisions commencing on completion of disposal
s. 105
105. Metropolitan Region Town Planning Scheme Act 1959
The Metropolitan Region Town Planning Scheme Act 1959*
Second Schedule is amended by deleting item 13A.
[*Reprinted as at 7 March 1996.
5 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.161.]
106. Public Sector Management Act 1994
The Public Sector Management Act 1994* Schedule 1 is
amended by deleting item 16.
10 [*Reprinted as at 26 March 1999.]
107. Public Works Act 1902
The Public Works Act 1902* is amended as follows:
(a) by deleting section 5A(da);
(b) by deleting section 5B(1)(ca).
15 [* Reprinted as at 3 June 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.206.]
108. Superannuation and Family Benefits Act 1938
The Superannuation and Family Benefits Act 1938* is amended
20 in section 6(1), in the definition of "department", by deleting
"the Gas Corporation and".
[*Reprinted as at 9 August 1989.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp.241-5, and Act No. 5 of 1999.]
page 64
Gas Corporation (Business Disposal) Bill 1999
Effect on other Acts Part 6
Provision commencing on 1 January 2000 Division 4
s. 109
Division 4 -- Provision commencing on 1 January 2000
109. Section 26 amended
After section 26(2) of the Energy Coordination Act 1994* the
following subsections are inserted --
5 "
(3) Without limiting subsection (1), regulations may
provide --
(a) for the determination or approval by the
Coordinator of gas quality specifications for the
10 purposes of a contract in relation to the sale,
supply or transportation of gas transported (or
to be transported) through the privatized
DBNGP system; and
(b) for the giving of effect to the determination or
15 approval.
(4) Regulations referred to in subsection (3)(b) may
provide that they apply despite being inconsistent with
any provisions in the contract.
(5) In subsection (3) --
20 "privatized DBNGP system" has the same meaning
as it has in the Dampier to Bunbury Pipeline
Act 1997.
".
[* Act No. 71 of 1994.
25 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p.82, and Part 6 Division 1
Subdivision 5 of this Act.]
page 65
Gas Corporation (Business Disposal) Bill 1999
Part 6 Effect on other Acts
Division 5 Provisions commencing when ringfencing obligations apply
s. 110
Division 5 -- Provisions commencing when ringfencing
obligations apply
Subdivision 1 -- Gas Corporation Act 1994
110. Part 6 repealed
5 Part 6 of the Gas Corporation Act 1994* is repealed.
[* Act No. 87 of 1994.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp.102-3.]
Subdivision 2 -- Gas Pipelines Access (Western Australia) Act 1998
10 111. Section 39 affected
Section 39 of the Gas Pipelines Access (Western Australia)
Act 1998 has no effect in relation to the gas distribution system
as defined in section 90 of the Gas Corporation Act 1994.
page 66
Gas Corporation (Business Disposal) Bill 1999
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
acquire ............................................................................................................. 3
asset ............................................................................................................... 14
assignee ......................................................................................................... 14
Coordinator of Energy................................................................................25(3)
cornerstone investor ......................................................................................... 3
corporate vehicle .............................................................................................. 3
corporation....................................................................................................... 3
dispose of......................................................................................................... 3
Electricity Corporation ...............................................................................16(3)
entitled............................................................................................................. 3
liability.................................................................................................14, 31(3)
officer ........................................................................................................13(2)
relevant day................................................................................................25(3)
relevant official ..........................................................................................20(3)
relevant property ........................................................................................20(3)
right ............................................................................................................... 14
section 6 disposal ............................................................................................. 3
securities.......................................................................................................... 3
specified.....................................................................................................16(3)
specified percentage ......................................................................................... 3
subsidiary......................................................................................................... 3
supply business ..........................................................................................25(3)
tariff consumer ...........................................................................................25(3)
the bound recipient ................................................................................ 29(1)(b)
the Minister.................................................................................................... 94
transfer order.................................................................................................. 14
transfer time ................................................................................................... 14
page 67
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