ELECTRICITY CORPORATIONS ACT 2005

Western Australian Consolidated Acts

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ELECTRICITY CORPORATIONS ACT 2005

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used in this Act

PART 2 -- Electricity Corporations

Division 1 -- Establishment of corporations

4. Corporations established
5. Corporations not agents of the State
6. Corporations and officers not part of Public Service
7. Head office of Regional Power Corporation

Division 2 -- Boards of directors

8. Boards of directors
9. Role of boards
10. Provisions about the constitution and proceedings of boards
11. Remuneration
12. Conflict of duties
13. Committees

Division 3 -- Staff

Subdivision 1 -- Chief executive officer

14. Appointment
15. Role of chief executive officer
16. Resignation
17. Acting appointments

Subdivision 2 -- Other staff

18. Powers in relation to staff
19. Certain industrial matters excluded from employment agreements
20. Designation of executive officers

Subdivision 3 -- Minimum standards for staff management

21. Standards to be set out in instrument
22. Reports to Commissioner for Public Sector Standards

Subdivision 4 -- Joint policy on staff transfers

23. Corporations to have joint policy approved by Minister
24. Amendment of policy statement
25. Consultation with staff

Subdivision 5 -- General

26. Superannuation

Division 4 -- Duties of, and relating to, directors and staff

27. Duties of, and relating to, directors
28. Chief executive officer, duties imposed
29. Executive officers, duties imposed
30. Members of staff, duties imposed
31. Codes of conduct
32. Reports to Commissioner for Public Sector Standards
33. Reports to Minister

PART 3 -- Functions and powers of corporations

Division 1 -- Functions, powers and related provisions

Subdivision 1 -- Preliminary

34. Terms used in this Division

Subdivision 2 -- Electricity Generation Corporation

35. Principal functions
36. Other functions
37. Restriction on area in which corporation may operate
38. Restriction on sale of electricity to consumers
39. Review of restriction
40. Extension of designated period

Subdivision 3 -- Electricity Networks Corporation

41. Principal functions
42. Other functions
43. Restriction on area in which corporation may operate

Subdivision 4 -- Electricity Retail Corporation

44. Principal functions
45. Other functions
46. Restriction on area in which corporation may operate
47. Prohibition on generation of electricity for a designated period
48. Review of prohibition
49. Extension of designated period

Subdivision 5 -- Regional Power Corporation

50. Principal functions
51. Other functions
52. Restriction on area in which corporation may operate

Subdivision 6 -- Special function in respect of certain assets and liabilities

53. Administration under delegated power

Subdivision 7 -- Use of distribution systems for the retail supply of electricity

54. Electricity Networks Corporation and Regional Power Corporation not to supply services for certain purposes
55. Review as to introduction of further retail competition

Subdivision 8 -- Provisions applying to functions of all corporations

56. Corporations may act at their discretion
57. Where corporation may operate
58. Corporation to act in accordance with policy instruments
59. Powers
60. Certain works exempt from planning laws
61. Corporation to act on commercial principles
62. Segregation of functions of corporations
63. Interruption or restriction of supply
64. Acquisition of subsidiary
65. Control of subsidiary
66. Corporations Act, effect of section 65
67. Disposals that require a Ministerial order
68. Other transactions that require Ministerial approval
69. Exemptions from section 68
70. Minister to be consulted on major initiatives
71. Delegation

Division 2 -- Role of Economic Regulation Authority

72. Advisory function
73. Public consultation
74. Advice to be published

Division 3 -- Arrangements authorised or approved by Governor

75. Governor may make certain regulations

Division 4 -- Protection of persons dealing with a corporation

76. Person dealing with corporation may make assumptions
77. Third party may make assumptions
78. Assumptions that may be made
79. Exception to sections 76 and 77

PART 4 -- Operation of corporations, imposition of requirements

80. Meaning of terms used in this Part
81. Object of this Part
82. Minister may prescribe contracts
83. Matters that may be provided for
84. Amendment and cancellation
85. Enforcement
86. Advice of Economic Regulation Authority to be obtained
87. Trade practices exemption

PART 5 -- Provisions about accountability

Division 1 -- Strategic development plans

88. Draft strategic development plan to be submitted to Minister
89. Transitional provision
90. Matters to be included in strategic development plan
91. Strategic development plan to be agreed if possible
92. Minister’s powers in relation to draft strategic development plan
93. Strategic development plan pending agreement
94. Minister’s agreement to draft strategic development plan
95. Modifications of strategic development plan
96. Concurrence of Treasurer

Division 2 -- Statement of corporate intent

97. Draft statement of corporate intent to be submitted to Minister
98. Transitional provision
99. Matters to be included in statement of corporate intent
100. Statement of corporate intent to be agreed if possible
101. Minister’s powers in relation to draft statement of corporate intent
102. Statement of corporate intent pending agreement
103. Minister’s agreement to draft statement of corporate intent
104. Modifications of statement of corporate intent
105. Concurrence of Treasurer

Division 3 -- Quarterly and annual reports

106. Quarterly reports
107. Annual reports
108. Contents of annual reports
109. Deletion of commercially sensitive matters from reports

Division 4 -- Ministerial directions

110. Directions to corporation
111. Directions generally
112. Directions contrary to commercial interest
113. When directions take effect
114. Directions relating to the supply of gas

Division 5 -- Consultation and provision of information

115. Consultation
116. Minister to have access to information
117. Provision of information in compiled form
118. Minister to be kept informed
119. Notice of financial difficulty

Division 6 -- Protection from liability

120. No liability for certain acts or omissions

PART 6 -- Financial provisions

Division 1 -- General

121. Bank account
122. Investment
123. Exemption from rates

Division 2 -- Payments to State

124. Payment of amount in lieu of rates
125. Determination of amounts under section 124
126. Dividend

Division 3 -- Borrowing

127. Borrowing
128. Borrowing limits
129. Hedging transactions

Division 4 -- Guarantees

130. Guarantees
131. Charges for guarantee

Division 5 -- Financial administration and audit

132. Limited application of Financial Management Act 2006 or the Auditor General Act 2006, those Acts
133. Financial administration and audit

PART 7 -- Miscellaneous

134. Supplementary provision for laying document before Parliament
135. Execution of documents
136. Contract formalities
137. Delegation by Treasurer
138. Regulations

PART 8 -- Amendments to other written laws

139. Amendments to other Acts
140. Power to amend subsidiary legislation

PART 9 -- Transitional provisions for succession from Western Power Corporation to new corporations

Division 1 -- Preliminary

141. Purpose of this Part
142. Terms used in this Part
143. Saving

Division 2 -- Powers conferred on Minister

144. Power for certain agreements to be made before commencement day
145. Minister may give directions
146. Directions to be laid before Parliament

Division 3 -- Passing of Western Power Corporation’s assets and liabilities to new corporations or the State

Subdivision 1 -- Making of transfer orders

147. Minister to make order for allocation of assets and liabilities
148. Order may provide for transfer to subsidiary
149. Transfer order schedules
150. Treatment of certain internal arrangements of Western Power Corporation
151. Power to make subsequent order
152. References in Government agreements
153. Amendment of transfer orders

Subdivision 2 -- Operation of transfer orders

154. Allocation to one new corporation
155. Order for transfer to subsidiary
156. Allocation to more than one new corporation
157. Replacement of Western Power Corporation in proceedings
158. Handing over of records
159. Changes to Government agreements

Subdivision 3 -- Re-allocation of assets, rights and liabilities

160. Order for re-allocation
161. Re-allocation to have effect from commencement day
162. Handing over of records

Subdivision 4 -- Order that allocated assets or liabilities pass instead to the State

163. Minister may order that section 169 is to apply
164. Effect of order
165. Handing over of records

Subdivision 5 -- Replacement of party in proceedings

166. Order for replacement
167. Effect of order
168. Handing over of records

Subdivision 6 -- Assets, liabilities and proceedings not otherwise provided for

169. Unallocated assets and liabilities to be dealt with by Minister
170. Provisions incidental to section 169
171. State to be party to proceedings if no provision made
172. Handing over of records

Subdivision 7 -- Other matters relating to passing of assets and liabilities

173. Continuation of guarantees in respect of Western Power Corporation
174. Guarantees to which section 173 does not apply
175. Certain joint tenancies preserved
176. Western Power Corporation to complete necessary transactions
177. Exemption from State taxation
178. Registration of documents

Division 4 -- Staff

179. Transition of employment
180. Employees’ rights preserved

Division 5 -- Contracts with tariff customers

181. Minister to prescribe contracts

Division 6 -- Other transitional provisions

182. Annual report
183. Continuation of certain directions given to Western Power Corporation
184. Completion of things commenced
185. Continuing effect of things done
186. Immunity to continue
187. Agreements and instruments generally
188. Western Power Corporation to perform necessary transitional functions

Division 7 -- Making of further provision by regulation

189. Powers of rectification and similar matters
190. Further provision may be made by regulation
191. Regulations may operate from the commencement day

Division 8 -- Indemnities and guarantees

192. Treasurer may give indemnity and guarantee
SCHEDULE 1 -- Provisions about the constitution and proceedings of boards
SCHEDULE 2 -- Provisions about the duties of directors and related provisions
SCHEDULE 3 -- Provisions to be included in constitution of subsidiary
SCHEDULE 4 -- Financial administration and audit
SCHEDULE 5 -- Amendments to other Acts
Compilation table

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