South Australian Consolidated Acts South Australian Consolidated ActsNotes
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1997 |
24 |
10.4.1997 |
1.7.1997 (Gazette 26.6.1997 p3052) |
|
|
1997 |
73 |
Gas (Miscellaneous) Amendment Act 1997 |
18.12.1997 |
18.12.1997 (Gazette 18.12.1997 p1644) |
|
1997 |
74 |
Gas Pipelines Access (South Australia) Act 1997 |
18.12.1997 |
30.7.1998 (being the day on which the Gas Pipelines Access
(Commonwealth) Act 1998 received the Royal Assent: Commonwealth of
Australia Gazette No. GN 34, 26.8.1998): Gazette 2.4.1998 p1606 |
|
2000 |
4 |
District Court (Administrative and Disciplinary Division) Amendment
Act 2000 |
20.4.2000 |
Sch 1 cl 16—1.6.2000 (Gazette 18.5.2000
p2554) |
|
2000 |
29 |
Gas (Miscellaneous) Amendment Act 2000 |
29.6.2000 |
30.6.2000 (Gazette 29.6.2000 p3414) except s 3 &
Sch—1.7.2001: s 2(2) |
|
2003 |
9 |
Statutes Amendment (Gas and Electricity) Act 2003 |
12.6.2003 |
Pt 2 (ss 4—64)—1.7.2003 except
s 36—1.11.2003 (Gazette 26.6.2003 p2812) and except new
ss 26(1)(a), 26A(2)(a) & 26B(1)(a) (as inserted by s 19) and new
ss 34B—34D (as inserted by s 29)—28.7.2004 (Gazette
22.7.2004 p2595) and except new s 33(1)(a) (as inserted by s 27)
& new s 34A (as inserted by s 29)—19.8.2004 (Gazette
19.8.2004 p3280) |
|
2004 |
17 |
Gas (Temporary Rationing) Amendment Act 2004 |
3.6.2004 |
15.1.2004: s 2(2) except ss 4, 6—8—19.8.2004
(Gazette 19.8.2004 p3278) |
|
2004 |
30 |
29.7.2004 |
Sch 1 (cl 3)—25.11.2004 (Gazette 25.11.2004
p4406) |
|
|
2004 |
36 |
Statutes Amendment (Electricity and Gas) Act 2004 |
5.8.2004 |
Pt 3 (ss 7—9)—19.8.2004 (Gazette 19.8.2004
p3279) |
|
2005 |
40 |
14.7.2005 |
Sch 6 (cl 9)—1.10.2005 (Gazette 29.9.2005
p3547) |
|
|
2006 |
21 |
Statutes Amendment (Electricity and Gas) Act 2006 |
5.10.2006 |
Pt 3 (ss 18—20) & Sch 2—1.9.2007 (Gazette
19.4.2007 p1233) |
|
2009 |
19 |
Statutes Amendment (Energy Efficiency Shortfalls) Act 2009 |
4.6.2009 |
Pt 3 (s 5)—3.9.2009 (Gazette 3.9.2009
p4368) |
|
2009 |
29 |
Statutes Amendment (Public Health Incidents and Emergencies) Act
2009 |
25.6.2009 |
Pt 6 (s 22)—25.6.2009 |
|
2009 |
32 |
Statutes Amendment (Australian Energy Market Operator) Act
2009 |
25.6.2009 |
Pt 4 (s 31) & Sch 1 (cll 14, 19 &
28—30)—1.7.2009; ss 24—30 & 32 & Sch 1
(cll 15—18 & 20—27)—1.10.2009 (Gazette 25.6.2009
p3001) |
|
2009 |
45 |
Statutes Amendment (Electricity and Gas—Information Management and
Retailer of Last Resort) Act 2009 |
22.10.2009 |
Pt 3 (s 6)—22.10.2009: s 2 |
|
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
Pt 67 (s 162)—1.2.2010 (Gazette 28.1.2010
p320) |
|
2010 |
11 |
Statutes Amendment (Electricity and Gas—Price Determination
Periods) Act 2010 |
5.8.2010 |
Pt 3 (s 4)—5.8.2010 |
|
2011 |
11 |
Statutes Amendment (Personal Property Securities) Act 2011 |
14.4.2011 |
Pt 10 (s 30)—16.6.2011 (Gazette 16.6.2011
p2610) |
|
2011 |
21 |
South Australian Public Health Act 2011 |
16.6.2011 |
Sch 1 (cl 8)—uncommenced |
|
2011 |
33 |
Electrical Products (Energy Products) Amendment Act
2011 |
22.9.2011 |
Sch 1 (cll 1—6)—10.5.2012 (Gazette 10.5.2012
p1682) |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended by 33/2011 Sch 1 cl 1 |
10.5.2012 |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.7.2003 |
|
s 4 |
|
|
|
s 4(1) |
s 4 redesignated as s 4(1) by 73/1997 s 3(e) |
18.12.1997 |
|
inserted by 9/2003 s 4(1) |
1.7.2003 |
|
|
inserted by 9/2003 s 4(2) |
1.7.2003 |
|
|
consumer |
deleted by 9/2003 s 4(3) |
1.7.2003 |
|
amended by 9/2003 s 4(4) |
1.7.2003 |
|
|
inserted by 9/2003 s 4(5) |
1.7.2003 |
|
|
amended by 9/2003 s 4(6) |
1.7.2003 |
|
|
substituted by 73/1997 s 3(a) |
18.12.1997 |
|
|
|
amended by 9/2003 s 4(7) |
1.7.2003 |
|
amended by 73/1997 s 3(b) |
18.12.1997 |
|
|
National Gas Procedures (South Australia) |
inserted by 32/2009 s 24(1) |
1.10.2009 |
|
non-contestable consumer |
substituted by 73/1997 s 3(c) |
18.12.1997 |
|
|
deleted by 9/2003 s 4(8) |
1.7.2003 |
|
Pricing Regulator |
deleted by 9/2003 s 4(9) |
1.7.2003 |
|
substituted by 73/1997 s 3(d) |
18.12.1997 |
|
|
retail market administrator |
inserted by 9/2003 s 4(10) |
1.7.2003 |
|
|
deleted by 32/2009 s 24(2) |
1.10.2009 |
|
retail market rules |
inserted by 9/2003 s 4(10) |
1.7.2003 |
|
|
deleted by 32/2009 s 24(2) |
1.10.2009 |
|
inserted by 9/2003 s 4(10) |
1.7.2003 |
|
|
supply |
deleted by 73/1997 s 3(d) |
18.12.1997 |
|
inserted by 9/2003 s 4(11) |
1.7.2003 |
|
|
s 4(2) |
inserted by 73/1997 s 3(e) |
18.12.1997 |
|
|
substituted by 9/2003 s 4(12) |
1.7.2003 |
|
|
deleted by 32/2009 s 24(3) |
1.10.2009 |
|
s 4(3) |
inserted by 9/2003 s 4(12) |
1.7.2003 |
|
|
deleted by 32/2009 s 24(3) |
1.10.2009 |
|
Pt 2 |
|
|
|
Pt 2 Div A1 |
inserted by 9/2003 s 5 |
1.7.2003 |
|
Pt 2 Div 1 |
|
|
|
s 7 |
|
|
|
s 7(2) |
amended by 9/2003 s 6 |
1.7.2003 |
|
s 8 |
|
|
|
s 8(1) |
amended by 74/1997 s 51 |
30.7.1998 |
|
|
amended by 9/2003 s 7(3) |
1.7.2003 |
|
|
(a) deleted by 9/2003 s 7(1) |
1.7.2003 |
|
|
(d) deleted by 9/2003 s 7(2) |
1.7.2003 |
|
|
amended by 33/2011 Sch 1 cl 2 |
10.5.2012 |
|
s 8(2) and (3) |
deleted by 9/2003 s 7(4) |
1.7.2003 |
|
s 10 |
|
|
|
s 10(1) |
amended by 9/2003 s 8(1) |
1.7.2003 |
|
s 10(2) |
amended by 9/2003 s 8(2) |
1.7.2003 |
|
s 11 |
|
|
|
s 11(1) |
amended by 9/2003 s 9(1) |
1.7.2003 |
|
s 11(2) |
amended by 74/1997 s 52 |
30.7.1998 |
|
|
amended by 9/2003 s 9(2) |
1.7.2003 |
|
|
substituted by 45/2009 s 6 |
22.10.2009 |
|
ss 12 and 13 |
deleted by 9/2003 s 10 |
1.7.2003 |
|
Pt 2 Div 2 |
amended by 74/1997 s 53 |
30.7.1998 |
|
|
substituted by 9/2003 s 11 |
1.7.2003 |
|
Pt 3 |
|
|
|
Pt 3 Div A1 |
inserted by 9/2003 s 12 |
1.7.2003 |
|
Pt 3 Div 1 |
|
|
|
s 19 |
amended by 9/2003 s 13 |
1.7.2003 |
|
|
(ba) deleted by 32/2009 s 25 |
1.10.2009 |
|
s 20 |
|
|
|
s 20(1) |
amended by 9/2003 s 14(1), (2) |
1.7.2003 |
|
s 20(2) |
amended by 9/2003 s 14(2) |
1.7.2003 |
|
s 20(3) |
amended by 9/2003 s 14(2), (3) |
1.7.2003 |
|
s 20(4) |
amended by 9/2003 s 14(2) |
1.7.2003 |
|
s 21 |
|
|
|
s 21(1) |
amended by 9/2003 s 15(1) |
1.7.2003 |
|
s 21(2) |
amended by 9/2003 s 15(2), (3) |
1.7.2003 |
|
|
(ca) deleted by 32/2009 s 26 |
1.10.2009 |
|
s 21(3) |
amended by 9/2003 s 15(4) |
1.7.2003 |
|
s 21(4) |
inserted by 73/1997 s 4 |
18.12.1997 |
|
|
substituted by 9/2003 s 15(5) |
1.7.2003 |
|
s 21A |
inserted by 9/2003 s 16 |
1.7.2003 |
|
s 23 |
substituted by 9/2003 s 17 |
1.7.2003 |
|
s 24 |
|
|
|
s 24(1) |
amended by 9/2003 s 18(1), (2) |
1.7.2003 |
|
s 24(2) |
amended by 9/2003 s 18(2) |
1.7.2003 |
|
s 24(3) |
amended by 74/1997 s 54 |
30.7.1998 |
|
|
substituted by 29/2000 s 3 |
1.7.2001 |
|
|
substituted by 9/2003 s 18(3) |
1.7.2003 |
|
s 24(4) |
substituted by 29/2000 s 3 |
1.7.2001 |
|
|
amended by 9/2003 s 18(2) |
1.7.2003 |
|
s 24(5) and (6) |
deleted by 29/2000 s 3 |
1.7.2001 |
|
s 24(7) |
amended by 9/2003 s 18(2) |
1.7.2003 |
|
s 24(9) |
|
|
|
administrative costs |
inserted by 9/2003 s 18(4) |
1.7.2003 |
|
s 25 |
amended by 73/1997 s 5 |
18.12.1997 |
|
|
substituted by 9/2003 s 19 |
1.7.2003 |
|
s 26 |
substituted by 9/2003 s 19 |
1.7.2003 except s 26(1)(a)—28.7.2004 |
|
s 26(1) |
amended by 32/2009 s 27 |
1.10.2009 |
|
s 26A |
inserted by 9/2003 s 19 |
1.7.2003 except s 26A(2)(a)—28.7.2004 |
|
s 26A(2) |
amended by 36/2004 s 7 |
19.8.2004 |
|
|
amended by 32/2009 s 28 |
1.10.2009 |
|
s 26B |
inserted by 9/2003 s 19 |
1.7.2003 except
s 26B(1)(a)—28.7.2004 |
|
|
deleted by 32/2009 s 29 |
1.10.2009 |
|
s 27 |
|
|
|
s 27(1) |
s 27 amended and redesignated as s 27(1) by 9/2003 s 20(1),
(2) |
1.7.2003 |
|
s 27(2) |
inserted by 9/2003 s 20(2) |
1.7.2003 |
|
s 28 |
deleted by 9/2003 s 21 |
1.7.2003 |
|
s 29 |
|
|
|
s 29(1) |
amended by 9/2003 s 22 |
1.7.2003 |
|
s 30 |
|
|
|
s 30(1) |
amended by 9/2003 s 23(1) |
1.7.2003 |
|
s 30(2) |
amended by 9/2003 s 23(2) |
1.7.2003 |
|
s 30(3)—(6) |
inserted by 9/2003 s 23(3) |
1.7.2003 |
|
ss 30A and 30B |
inserted by 9/2003 s 24 |
1.7.2003 |
|
s 31 |
|
|
|
s 31(1)—(3) |
amended by 9/2003 s 25 |
1.7.2003 |
|
s 32 |
|
|
|
s 32(1) |
amended by 9/2003 s 26(1), (2) |
1.7.2003 |
|
s 32(3) |
amended by 9/2003 s 26(3) |
1.7.2003 |
|
s 32A |
inserted by 11/2011 s 30 |
16.6.2011 |
|
Pt 3 Div 2 |
amended by 29/2000 s 4 |
30.6.2000 |
|
|
substituted by 9/2003 s 27 |
1.7.2003 except s 33(1)(a)—19.8.2004 |
|
s 33 |
|
|
|
s 33(1) |
(b), (c) deleted by 32/2009 s 30(1) |
1.10.2009 |
|
s 33(2) |
may expire by proclamation: s 33(5) |
|
|
|
amended by 32/2009 s 30(2), (3) |
1.10.2009 |
|
s 33A |
amended by 36/2004 s 8 |
19.8.2004 |
|
|
deleted by 32/2009 s 31 |
1.7.2009 |
|
Pt 3 Div 3 |
|
|
|
s 34 |
|
|
|
s 34(1) |
amended by 9/2003 s 28(1) |
1.7.2003 |
|
s 34(2) |
amended by 9/2003 s 28(2) |
1.7.2003 |
|
s 34(2a) |
inserted by 9/2003 s 28(3) |
1.7.2003 |
|
s 34(3) |
amended by 9/2003 s 28(4)—(6) |
1.7.2003 |
|
s 34(4) |
amended by 9/2003 s 28(7) |
1.7.2003 |
|
s 34(5) |
inserted by 9/2003 s 28(8) |
1.7.2003 |
|
Pt 3 Div 3A |
inserted by 9/2003 s 29 |
28.7.2004 except s 34A—19.8.2004 |
|
s 34A |
|
|
|
s 34A(4a) |
inserted by 36/2004 s 9(1) |
19.8.2004 |
|
|
amended by 11/2010 s 4(1), (2) |
5.8.2010 |
|
s 34A(6) |
|
|
|
standing contract price |
substituted by 36/2004 s 9(2) |
19.8.2004 |
|
Pt 3 Div 3B |
inserted by 9/2003 s 29 |
28.7.2004 |
|
Pt 3 Div 5 |
|
|
|
s 37 |
|
|
|
s 37(1) |
amended by 29/2000 s 5(a)—(c) |
30.6.2000 |
|
|
amended by 9/2003 s 30(1) |
1.7.2003 |
|
s 37(2) |
substituted by 29/2000 s 5(d) |
30.6.2000 |
|
s 37(2a) |
inserted by 29/2000 s 5(d) |
30.6.2000 |
|
s 37(4) |
substituted by 9/2003 s 30(2) |
1.7.2003 |
|
s 37(4a) |
inserted by 9/2003 s 30(2) |
1.7.2003 |
|
s 37(5) |
inserted by 29/2000 s 5(e) |
30.6.2000 |
|
|
amended by 9/2003 s 30(3) |
1.7.2003 |
|
s 37A |
inserted by 29/2000 s 6 |
30.6.2000 |
|
s 37A(1) |
amended by 9/2003 s 31(1) |
1.7.2003 |
|
|
substituted by 17/2004 s 4(1) |
19.8.2004 |
|
s 37A(1a) |
inserted by 17/2004 s 4(1) |
19.8.2004 |
|
s 37A(2) |
amended by 9/2003 s 31(2) |
1.7.2003 |
|
|
amended by 17/2004 s 4(2), (3) |
19.8.2004 |
|
s 37A(3) |
inserted by 17/2004 s 4(4) |
19.8.2004 |
|
ss 37AB—37AD |
inserted by 17/2004 s 5 |
15.1.2004 |
|
ss 37B and 37C |
inserted by 29/2000 s 6 |
30.6.2000 |
|
Pt 3 Div 6 |
|
|
|
s 38 |
|
|
|
s 38(1)—(3) |
amended by 9/2003 s 32 |
1.7.2003 |
|
Pt 3 Div 7 |
heading substituted by 9/2003 s 33 |
1.7.2003 |
|
s 39 |
|
|
|
s 39(1) |
amended by 9/2003 s 34(1), (2) |
1.7.2003 |
|
s 39(2) and (3) |
amended by 9/2003 s 34(3) |
1.7.2003 |
|
s 40 |
|
|
|
s 40(1) |
amended by 9/2003 s 35(1) |
1.7.2003 |
|
s 40(4) |
amended by 9/2003 s 35(2) |
1.7.2003 |
|
s 40(5) |
amended by 9/2003 s 35(3) |
1.7.2003 |
|
s 40(6) |
amended by 9/2003 s 35(4) |
1.7.2003 |
|
Pt 3 Div 8 |
deleted by 9/2003 s 36 |
1.11.2003 |
|
Pt 4 |
|
|
|
s 42 |
|
|
|
s 42(1) |
amended by 9/2003 s 37 |
1.7.2003 |
|
s 44(2) |
amended by 9/2003 s 38(1) |
1.7.2003 |
|
s 44(3) |
amended by 9/2003 s 38(2) |
1.7.2003 |
|
s 47 |
|
|
|
s 47(11) and (12) |
deleted by 9/2003 s 39 |
1.7.2003 |
|
s 54 |
amended by 30/2004 Sch 1 cl 3 |
25.11.2004 |
|
|
amended by 40/2005 Sch 6 cl 9(1), (2) |
1.10.2005 |
|
|
amended by 21/2006 Sch 2 |
1.9.2007 |
|
|
amended by 29/2009 s 22 |
25.6.2009 |
|
|
amended by 21/2011 Sch 1 (cl 8) |
uncommenced—not incorporated |
|
Pt 5 |
|
|
|
Pt 5 Div 1 heading |
deleted by 33/2011 Sch 1 cl 3 |
10.5.2012 |
|
s 55 |
|
|
|
s 55(1) |
amended by 9/2003 s 40 |
1.7.2003 |
|
s 56 |
|
|
|
s 56(1) |
amended by 29/2000 s 7(a) |
30.6.2000 |
|
|
(c) deleted by 29/2000 s 7(b) |
30.6.2000 |
|
s 56(2) and (3) |
substituted by 29/2000 s 7(c) |
30.6.2000 |
|
s 56(4) |
inserted by 29/2000 s 7(c) |
30.6.2000 |
|
s 57 |
|
|
|
s 57(1) |
amended by 9/2003 s 41(1) |
1.7.2003 |
|
s 57(2) |
amended by 9/2003 s 41(2) |
1.7.2003 |
|
s 57(4) |
amended by 9/2003 s 41(3) |
1.7.2003 |
|
s 57A |
inserted by 9/2003 s 42 |
1.7.2003 |
|
ss 57B and 57C |
inserted by 21/2006 s 18 |
1.9.2007 |
|
Pt 5 Div 2 before deletion by 33/2011 |
|
|
|
s 61 |
|
|
|
s 61(1) |
amended by 9/2003 s 43(1), (2) |
1.7.2003 |
|
s 61(2) |
amended by 9/2003 s 43(3), (4) |
1.7.2003 |
|
s 61(5) |
inserted by 9/2003 s 43(5) |
1.7.2003 |
|
ss 61AA and 61AB |
inserted by 21/2006 s 19 |
1.9.2007 |
|
Pt 5 Div 2 |
deleted by 33/2011 Sch 1 cl 4 |
10.5.2012 |
|
Pt 6 |
|
|
|
Pt 6 Div A1 |
inserted by 9/2003 s 44 |
1.7.2003 |
|
Pt 6 Div A2 |
inserted by 9/2003 s 44 |
1.7.2003 |
|
Pt 6 Div 1 |
|
|
|
s 62 |
|
|
|
s 62(1) |
amended by 9/2003 s 45(1) |
1.7.2003 |
|
s 62(3) |
substituted by 9/2003 s 45(2) |
1.7.2003 |
|
|
substituted by 17/2004 s 6(1) |
19.8.2004 |
|
s 62(4) |
inserted by 9/2003 s 45(2) |
1.7.2003 |
|
|
amended by 17/2004 s 6(2) |
19.8.2004 |
|
s 63 |
|
|
|
s 63(3) and (4) |
amended by 9/2003 s 46 |
1.7.2003 |
|
s 64 |
|
|
|
s 64(1) |
amended by 9/2003 s 47(1) |
1.7.2003 |
|
s 64(3) |
amended by 9/2003 s 47(1), (2) |
1.7.2003 |
|
Pt 6 Div 2 |
|
|
|
s 66 |
|
|
|
s 66(4) |
amended by 73/1997 s 6 |
18.12.1997 |
|
s 67 |
|
|
|
s 67(1) |
amended by 33/2011 Sch 1 cl 5(1)—(3) |
10.5.2012 |
|
s 67(2) |
amended by 9/2003 s 48(1) |
1.7.2003 |
|
s 67(4) |
amended by 9/2003 s 48(2) |
1.7.2003 |
|
|
amended by 17/2004 s 7 |
19.8.2004 |
|
s 68 |
|
|
|
s 68(3) |
amended by 9/2003 s 49 |
1.7.2003 |
|
s 69 |
|
|
|
s 69(2) |
amended by 9/2003 s 50(1) |
1.7.2003 |
|
s 69(4) |
amended by 9/2003 s 50(2) |
1.7.2003 |
|
s 70 |
|
|
|
s 70(3) |
amended by 9/2003 s 51 |
1.7.2003 |
|
s 70(4) |
amended by 17/2004 s 8(1) |
19.8.2004 |
|
s 70(5) |
inserted by 17/2004 s 8(2) |
19.8.2004 |
|
Pt 7 |
amended by 4/2000 s 9(1) (Sch 1
cl 16(a)—(e)) |
1.6.2000 |
|
|
substituted by 9/2003 s 52 |
1.7.2003 |
|
Pt 8 |
|
|
|
s 77 |
substituted by 9/2003 s 53 |
1.7.2003 |
|
s 77(1a) |
inserted by 21/2006 s 20(1) |
1.9.2007 |
|
s 77(2) |
substituted by 21/2006 s 20(1) |
1.9.2007 |
|
s 77(3) |
amended by 21/2006 s 20(2) |
1.9.2007 |
|
s 77A |
inserted by 9/2003 s 53 |
1.7.2003 |
|
s 78 |
amended by 9/2003 s 54 |
1.7.2003 |
|
ss 78A and 78B |
inserted by 9/2003 s 55 |
1.7.2003 |
|
s 86 |
amended by 9/2003 s 56 |
1.7.2003 |
|
s 87 |
amended by 9/2003 s 57 |
1.7.2003 |
|
s 90 |
|
|
|
s 90(1) |
amended by 9/2003 s 58 |
1.7.2003 |
|
s 91 |
substituted by 29/2000 s 8 |
30.6.2000 |
|
|
substituted by 9/2003 s 59 |
1.7.2003 |
|
s 91A |
inserted by 19/2009 s 5 |
3.9.2009 |
|
s 92 before deletion by 84/2009 |
|
|
|
s 92(1) |
amended by 9/2003 s 60 |
1.7.2003 |
|
s 92 |
deleted by 84/2009 s 162 |
1.2.2010 |
|
s 93 |
|
|
|
s 93(2) |
substituted by 9/2003 s 61 |
1.7.2003 |
|
|
(c) deleted by 32/2009 s 32 |
1.10.2009 |
|
s 93(2a) and (2b) |
inserted by 9/2003 s 61 |
1.7.2003 |
|
s 94 |
|
|
|
s 94(2) |
amended by 9/2003 s 62 |
1.7.2003 |
|
s 95 |
|
|
|
s 95(2) |
amended by 9/2003 s 63(1)—(3) |
1.7.2003 |
|
|
(f) and (g) deleted by 33/2011 Sch 1 cl 6 |
10.5.2012 |
|
s 95(2a) |
inserted by 9/2003 s 63(4) |
1.7.2003 |
|
s 95(3) |
amended by 9/2003 s 63(5) |
1.7.2003 |
|
Sch 1 |
Sch redesignated as Sch 1 by 9/2003 s 64 |
1.7.2003 |
|
Sch 2 |
inserted by 9/2003 s 64 |
1.7.2003 |
|
|
expired: proclamation (Gazette 19.8.2004 p3282)—omitted under
Legislation Revision and Publication Act 2002 |
(1.7.2005) |
|
Sch 3 |
inserted by 9/2003 s 64 |
1.7.2003 |
Transitional etc provisions associated with Act or
amendments
Gas (Miscellaneous) Amendment Act 2000,
Sch
1—Licence fees to remain
payable
Nothing in this Act affects the liability of the holder of a licence issued
under Part 3 of the principal Act to pay instalments (whether payable before or
after the commencement of this Schedule) of an annual licence fee the first
instalment of which has become payable before the commencement of this
Schedule.
Statutes Amendment (Gas and Electricity)
Act 2003
76—Provisions relating to Technical Regulator and
ESC under Gas Act
(1) The Essential Services Commission may continue and complete any
process commenced by the Technical Regulator under Part 3 of the Gas
Act 1997 but not completed before the commencement of this
section.
(2) A reference to the Technical Regulator in an instrument or document
that has been made or issued under, or relates to, Part 3 of the Gas
Act 1997 is (where the context permits) to be read as a reference to
the Essential Services Commission.
(3) Subclause (2) does not apply to a reference to a safety or technical
matter within the functions of the Technical Regulator.
78—Acts Interpretation Act
The Acts Interpretation Act 1915 applies, except to the extent
of any inconsistency with the provisions of this Part, to the amendments
effected by this Act.
Gas (Temporary Rationing) Amendment Act
2004
9—Provision
relating to Gas
Regulations 1997
Regulation 22 of the Gas Regulations 1997 (as inserted by the
Gas Variation Regulations 2004, Gazette 15.1.2004 p213) is to
be taken to have been made under section 37AC of the Gas Act 1997
for the purposes of Part 3 Division 5 of that Act.
Statutes Amendment (Australian Energy Market Operator)
Act 2009, Sch 1
Part 2—Transitional provisions—Gas
market
Division 1—Preliminary
14—Preliminary
In this Part, unless the contrary intention appears—
AEMO means the Australian Energy Market Operator Limited
(ACN 072 010 327);
asset means tangible or intangible real or personal property
of any description and includes—
(a) a present, future or contingent legal or equitable interest in real or
personal property;
(b) a chose in action;
(c) a right, power, privilege or immunity;
(d) goodwill;
(e) a security;
(f) money;
(g) documents;
(h) information (including data and records) in any form;
liability means a monetary or non-monetary obligation and
includes a future or contingent obligation;
principal Act means the Gas Act 1997;
property includes intellectual property;
relevant day means a day appointed by the relevant Minister
by notice in the Gazette as the relevant day for the purposes of the provision
in which the term is used;
relevant Minister means the Minister responsible for the
administration of the principal Act;
REMCo means the Retail Energy Market Company Limited
(ACN 103 318 556).
Division 2—Provision of information and
assistance
15—Provision of information and assistance to
AEMO
(1) Despite any other
Act or law, REMCo is authorised, on its own initiative or at the request of
AEMO—
(a) to provide AEMO with such documents and other information (including
data and records and including information given in confidence) in the
possession or control of REMCo that is reasonably required by AEMO in connection
with the performance or exercise of its functions or powers (whether under this
Act or the principal Act or under any other Act or law); and
(b) to provide AEMO with such other assistance as is reasonably required
by AEMO to perform or exercise a function or power (whether under the principal
Act or under any other Act or law).
(2) Despite any other Act or law, REMCo or the relevant Minister may
authorise AEMO to disclose information provided under subclause (1) even if
the information was given to REMCo in confidence.
16—Provision of information under a
licence
A reference in a licence under the principal Act relating to the provision
of information by a gas entity to REMCo will, on the relevant day, be taken to
be a reference to the provision of information to AEMO.
Division 3—Retail market administrator
licence
17—Retail market administrator
licence
Any licence in force under section 26B of the principal Act immediately
before the relevant day is cancelled by force of this clause on the relevant
day.
Division 4—Retail market
rules
18—Retail market rules
The REMCo Retail Market Rules, as published by REMCo, insofar as
those rules apply in relation to South Australia, will no longer apply from the
relevant day.
Division 5—Imposition of additional costs on
service providers
19—Imposition of additional costs on service
providers
(a) AEMO changes the
National Gas Procedures (South Australia); and
(b) the effect of the change is to alter the retail market obligations of
a service provider in the State; and
(c) the service
provider is able to satisfy AEMO—
(i) that the alteration imposes additional obligations on the service
provider that result, or will result, in new costs being incurred by the service
provider that are, or will be, fair and reasonable material costs; and
(ii) that the service provider is unable to recover those costs under
existing pricing and access arrangements applying in the State with respect to
services provided by the service provider (after taking into account reasonable
accounting and regulatory cost recovery principles).
(2) In a case where this clause applies, the change referred to in
subclause (1)(a) will not apply to or in relation to the relevant service
provider unless or until—
(a) the service provider is able to recover the costs referred to in
subclause (1)(c); or
(b) AEMO implements steps that result in the service provider not having
to incur the relevant costs.
(3) This clause will expire on the relevant day.
(4) In this clause—
National Gas Procedures (South Australia) means the National
Gas Procedures under the National Gas Law that apply in, or in relation
to, South Australia, as in force from time to time;
service provider means a service provider under the
National Gas (South Australia) Law.
Note—
Clause 19 expired on 1.7.2011: cl 19(3) (see—proclamation
(Gazette 25.7.2009 p2876)).
Division 6—Transfer of assets and
liabilities—REMCo
20—Transfer
of assets and liabilities—REMCo
(1) The relevant
Minister may, by instrument in writing (an allocation order),
transfer any of REMCo's assets or liabilities to AEMO (insofar as any such
assets or liabilities relate to REMCO's activities or former activities in, or
in relation to, South Australia).
(2) The Minister may,
in connection with—
(a) the operation of an allocation order (whether or not as part of the
allocation order); or
(b) the operation of any other instrument (whether or not executed under
statute),
by instrument in writing—
(c) divide any right, interest or liability of REMCo into distinct parts;
or
(d) direct that a reference in any instrument or other document to REMCo
will be taken to be a reference to some other entity; or
(e) take other steps to facilitate the transfer of any asset or liability
of REMCo.
(3) An instrument under subclause (2) operates by force of this
clause and despite the provisions of any other law or instrument.
(4) An instrument under subclause (1) or (2) takes effect from a date
(which may be earlier than the date of the instrument) specified in the
instrument.
(5) If it appears to the relevant Minister that assets or liabilities
should not have been transferred to AEMO under this clause, the Minister may, by
instrument in writing (a claw back order), transfer assets or
liabilities transferred under this clause from AEMO to REMCo or to another
person or entity specified by the relevant Minister.
(6) A claw back order—
(a) must be made within 12 months after the date of the allocation
order; and
(b) takes effect from a date (which may be earlier than the date of the
order) specified in the order.
(7) The relevant Minister must, at least 20 business days before making a
claw back order, give AEMO written notice of the relevant Minister's intention
to make the order.
(8) The relevant Minister may make an allocation order, or a claw back
order, in relation to assets or liabilities situated outside South
Australia.
(9) An allocation order or a claw back order may be made on conditions
specified in the order.
(10) The relevant
Minister may only act under this clause at the request or with the concurrence
of REMCo.
21—Effect of transfer order
(1) On the relevant date, assets and liabilities vest in the transferee
named in a transfer order in accordance with the order.
(2) If a transfer order provides for the transfer of the transferor's
interest in an agreement—
(a) the transferee becomes on the relevant date a party to the agreement
in place of the transferor; and
(b) on and after the relevant date, the agreement has effect as if the
transferee had always been a party to the agreement.
(3) In this clause—
relevant date means, in relation to an allocation order or a
claw back order, the date specified in the order for the order to take
effect;
transfer order means an allocation order or a claw back order
under clause 20;
transferor means the person from whom assets or liabilities
are transferred by a transfer order.
22—Continued effect of certain acts by
REMCo
Anything done, or omitted to be done, by REMCo in relation to assets or
liabilities transferred to AEMO under this Division is, if it continues to have
effect as at the date of the transfer, taken to be AEMO's act or
omission.
23—Continuation of proceedings
Proceedings commenced before the date of transfer by or against REMCo in
relation to an asset or liability transferred to AEMO under this Division may be
continued and completed by or against AEMO.
24—Evidence of transfer
A written notice signed by the relevant Minister stating that a specific
transfer of assets or liabilities has been made under this Division is
conclusive evidence of the transfer.
25—References
(1) A reference in an
instrument or other document to REMCo in connection with an asset or liability
transferred to AEMO under this Division is, from the date of transfer, taken to
be a reference to AEMO.
(2) Subclause (1) does not apply to any instrument or document, or
instrument or documents of a specified class, excluded from the operation of
that subclause by the Minister by notice in the Gazette.
26—Certain parties to transfer must do anything
necessary to perfect transfer
(1) AEMO must accept assets and liabilities transferred to it under this
Division.
(2) The relevant Minister may direct AEMO's directors to accept, on AEMO's
behalf, a transfer of assets or liabilities under this Division.
(3) The relevant
parties must take necessary action to perfect a transfer of assets or
liabilities under this Division.
(4) The relevant Minister may direct the directors of a relevant party to
ensure that the relevant party complies with an obligation under
subclause (3).
(5) In this clause—
relevant party means—
(a) AEMO; or
(b) REMCo.
27—Agreements
(1) As from the
relevant day, AEMO succeeds to REMCo's powers, rights, obligations and
liabilities under any agreement or other instrument related to a gas market of
which AEMO assumes the operation.
(2) A reference in an agreement or other instrument within the ambit of
subclause (1) continues to have effect in accordance with its terms and as
if any reference to REMCo were a reference to AEMO and, as from the relevant
day, the agreement or other instrument has effect as if AEMO had always been a
party to the agreement or instrument.
Part 3—Related matters
28—Corporations Act
displacement
To the extent that any provision of this Schedule is incapable of
concurrent operation with a provision of the Corporations Act 2001 of the
Commonwealth (a designated Commonwealth provision), the provision
of this Schedule is declared to be a Corporations legislation displacement
provision for the purposes of section 5G of that Act in relation to the
designated Commonwealth provision.
Note—
Section 5G of the Corporations Act provides that if a State law declares a
provision of a State law to be a Corporations legislation displacement
provision, any provision of the Corporations legislation with which the State
provision would otherwise be inconsistent does not apply to the extent necessary
to avoid the inconsistency.
29—Validity and effect of steps taken under
Schedule
(1) Nothing done under this Schedule—
(a) is to be regarded as placing any person in breach of contract or
confidence or as otherwise making any person guilty of a civil wrong;
or
(b) is to be regarded as placing any person in breach of, or as
constituting a default under, any Act or other law or obligation or any
provision in any agreement, arrangement or understanding including, but not
limited to, any provision or obligation prohibiting, restricting or regulating
the assignment, transfer, sale or disposal of any property or the disclosure of
any information; or
(c) is to be regarded as fulfilling any condition that allows a person to
exercise a power, right of remedy in respect of or to terminate any agreement or
obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a
contract or an instrument or as causing or permitting the termination of any
contract or instrument because of a change in the beneficial or legal ownership
of any relevant property; or
(e) is to be regarded as causing any contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other obligor wholly or in part from any
obligation; or
(h) gives rise to any right or entitlement to damages or
compensation.
(2) The transfer of a liability of an entity under this Part releases the
entity from the liability.
(3) If the books or records of an entity are transferred to AEMO under
this Part, AEMO must—
(a) preserve the books and records for at least 7 years;
and
(b) allow—
(i) the entity and, if relevant, any director or former director of the
entity; and
(ii) any other person authorised by the relevant Minister,
reasonable access to the books and records.
(4) In this clause—
AEMO means the Australian Energy Market Operator Limited
(ACN 072 010 327);
relevant Minister means the Minister responsible for the
administration of the Electricity Act 1996.
30—Exemption from taxes
Any stamp duty or other tax imposed by or under a law of this State is not
payable in relation to a transfer of assets or liabilities under this
Schedule.
Historical versions
|
Reprint No 1—18.12.1997 |
|
|
Reprint No 2—30.7.1998 |
|
|
Reprint No 3—1.6.2000 |
|
|
Reprint No 4—30.6.2000 |
|
|
Reprint No 5—1.7.2001 |
|
|
Reprint No 6—1.7.2003 |
|
|
Reprint No 7—1.11.2003 |
|
|
15.1.2004 |
|
|
28.7.2004 |
|
|
19.8.2004 |
|
|
25.11.2004 |
|
|
1.10.2005 |
|
|
1.9.2007 |
|
|
25.6.2009 (electronic only) |
|
|
1.7.2009 |
|
|
3.9.2009 |
|
|
1.10.2009 |
|
|
22.10.2009 |
|
|
1.2.2010 |
|
|
5.8.2010 |
|
|
16.6.2011 |
|