Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Energy
Coordination Act 1994 and includes the amendments made by the
other written laws referred to in the following table. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
71 of 1994 |
9 Dec 1994 |
s. 1 and 2: 9 Dec 1994; |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 53 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) |
|
Gas Pipelines Access (Western Australia)
Act 1998 s. 89 |
65 of 1998 |
15 Jan 1999 |
9 Feb 1999 (see s. 2 and Gazette
8 Feb 1999 p. 441) |
|
Energy Coordination Amendment
Act 1999 |
20 of 1999 |
24 Jun 1999 |
16 Oct 1999 (see s. 2 and Gazette
15 Oct 1999 p. 4865) |
|
Gas Corporation (Business Disposal) Act 1999
s. 47-52, 74, 75 and 109 |
58 of 1999 |
24 Dec 1999 |
s. 47-52: 24 Dec 1999
(see s. 2(1)); |
|
Reprint of the Energy Coordination Act 1994
as at 5 May 2000 (includes amendments listed above except those in
the Gas Corporation (Business Disposal) Act 1999
s. 74-75) |
|||
|
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette
29 Jun 2001 p. 3257 and Cwlth. Gazette
13 Jul 2001 No. S285) |
|
|
Energy Legislation Amendment Act 2003
Pt. 2, Pt. 3 Div. 1-9 (other than s. 34) and 11, Pt. 4,
5 and 6 Div. 2 & 3 and
s. 118 3-6 |
53 of 2003 |
8 Oct 2003 |
Pt. 3 Div. 11, Pt. 4, Pt. 5 and s. 97, 98 and 118:
8 Oct 2003 (see s. 2(1) and (2)); |
|
|
|
|
Pt. 3 Div. 1, 2, 4-6 (other than s. 34), 7
and 9: 31 May 2004 (see s. 2(2)(b) and (3) and
Gazette 28 May 2004 p. 1827); |
|
|
|
|
Pt. 3 Div. 8: 14 May 2005 (see
s. 2(2)(b) and Gazette 13 May 2005
p. 2073); |
|
Economic Regulation Authority Act 2003
s. 62 (Sch. 2 Div. 4) 7, 8 |
67 of 2003 |
5 Dec 2003 |
19 Mar 2004 (see s. 2(3) and Gazette
19 Mar 2004 p. 914) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 10(3) and 50 |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Reprint 2: The Energy Coordination Act 1994
as at 10 Sep 2004 (includes amendments listed above except those
in the Energy Legislation Amendment Act 2003 Pt. 3 Div. 3 &
8) |
|||
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2
Div. 42 9 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Financial Administration Legislation Amendment
Act 2005 s. 39 |
5 of 2005 |
27 Jun 2005 |
1 Jan 2006 (see s. 2 and Gazette
23 Dec 2005 p. 6243) |
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 6 Div. 2 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Reprint 3: The Energy Coordination Act 1994
as at 18 Aug 2006 (includes amendments listed
above) |
|||
|
Financial Legislation Amendment and Repeal Act 2006
Sch. 1 cl. 57 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Gas and Electricity Safety Legislation Amendment
Act 2007 Pt. 3 |
5 of 2007 |
18 Apr 2007 |
1 Dec 2007 (see s. 2 and Gazette
30 Nov 2007 p. 5927) |
|
Statutes (Repeals and Miscellaneous Amendments)
Act 2009 s. 52 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
National Gas Access (WA)
Act 2009 Pt. 7 Div. 4 |
16 of 2009 |
1 Sep 2009 |
1 Jan 2010 (see s. 2(b) and Gazette
31 Dec 2009 p. 5327) |
|
Gas Supply (Gas Quality Specifications) Act 2009
Pt. 7 Div. 1 |
35 of 2009 |
3 Dec 2009 |
27 Mar 2010 (see s. 2(b) and Gazette
26 Mar 2010 p. 1133) |
|
Reprint 4: The Energy Coordination Act 1994
as at 7 May 2010 (includes amendments listed
above) |
|||
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Personal Property Securities (Consequential Repeals and
Amendments) Act 2011 Pt. 5 Div. 2 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth
Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov
2011) |
2 Expired 30 June 1988.
3 The Energy Legislation Amendment Act 2003
Pt. 3 Div. 3 (other than s. 19) reads as follows:
Part 3
— Amendments to facilitate a contestable retail gas market, and related
transitional provisions
Division 3
— Transfer of Minister’s functions under Part 2B
of principal Act
In this Division —
Authority and Minister have the same meanings
as they have for the purposes of the principal Act;
commencement day means the day on which this Division comes
into operation as provided by section 2(4);
Part 2B function means a function under Part 2B of
the principal Act that by operation of section 19(1) is vested in the
Authority in place of the Minister;
principal Act means the Energy Coordination
Act 1994.
The purpose of this Division is to vest all of the functions of the
Minister under Part 2B of the principal Act in the Authority on and after
the first anniversary of the day on which Division 2 comes into
operation.
On and after the commencement day any act,
matter or thing done or omitted to be done before that day by, to, or in respect
of, the Minister in the performance of a Part 2B function (to the extent
that that act, matter or thing has any force or effect) is to be taken to have
been done or omitted by, to, or in respect of, the Authority.
21. Completion of things
begun
On and after the commencement day, anything
lawfully commenced by the Minister in the performance of a Part 2B function
may be carried on and completed by the Authority.
Any proceedings or remedy that immediately before the commencement day
might have been brought or continued by or available against or to the Minister
in relation to the performance of a Part 2B function may, on and after that
day, be brought or continued and is available, by or against or to the
Authority.
The Authority is to take delivery of all
papers, documents, minutes and other records (however compiled, recorded or
stored) relating to the Part 2B functions that, immediately before the
commencement day, are in the possession or under the control of the
Minister.
Any instrument relating to the performance of
a Part 2B function that is in existence immediately before the commencement
day and that —
(a) was made by the Minister; or
(b) contains a reference to the Minister,
has effect after the commencement day as if —
(c) the Authority were substituted for the Minister as the maker of the
instrument; and
(d) any reference in the instrument to the Minister were (unless the
context otherwise requires) amended to be or include a reference to the
Authority.
(1) The conduct of a review under Part 2B Division 6 of the
principal Act of a decision or direction of the Minister that was begun but not
disposed of before the commencement day is not affected by an amendment made by
section 19(2).
(2) Any such review may be continued and disposed of as if it were a
review of a decision or direction of the Authority.
26. Regulations for transitional
matters
(1) If there is insufficient provision in this Division to achieve the
purpose mentioned in section 18, the Governor may make the necessary
provision by regulations.
(2) If in the opinion of the Minister an anomaly arises in the operation
of any provision of this Division, the Governor may by regulations make such
provision as is necessary —
(a) to remove the anomaly; and
(b) to achieve the purpose mentioned in section 18.
4 The Energy Legislation Amendment Act 2003
s. 19(4) is not included because the section it sought to replace was
repealed by the State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 s. 299 before the
subsection came into operation.
5 The Energy Legislation Amendment Act 2003
Pt. 3 Div. 11 reads as follows:
Division 11 — Transitional
provisions for this Part
42. Definitions for this
Division
In this Division —
Minister means the Minister responsible for the
administration of the principal Act;
principal Act means the Energy Coordination
Act 1994.
Subdivision 2
— Retail market schemes
Expressions used in section 44 have the same meanings as they have
in Part 2B (Part 2B) to be inserted in the principal Act
by section 15.
44. Approval of retail market schemes
before commencement of section 15
(1) The purpose of this section is to enable a retail market scheme for a
distribution system to come into force when section 15 commences, so that
section 11ZOR of the principal Act, to be inserted by section 15, may
be complied with as from that commencement.
(2) At any time after the commencement of this section, a proposed retail
market scheme for a distribution system may be submitted to the Minister for
approval.
(3) A proposed scheme for a distribution system is to be submitted on
behalf of persons who expect to be gas market participants in relation to the
system on and after the commencement of section 15.
(4) If a proposed scheme is so submitted, the following provisions of
Part 2B apply for the purposes of this section, with all necessary changes,
as if they had come into operation —
(a) section 11ZOI(2), (3) and (4); and
(b) sections 11ZOJ, 11ZON and 11ZOP.
(5) A request by the Minister for an amendment to a proposed scheme under
section 11ZOJ(1)(b) or (2)(b), as applied by subsection (4), may be in
terms that the set of retail market rules submitted for approval be replaced by
a set of retail market rules specified by the Minister.
(6) If a retail market scheme submitted under this section is approved by
the Minister it comes into force on the commencement of
section 15.
(7) Nothing in this section is to be read as making section 11ZPD in
Part 2B applicable to a refusal by the Minister to approve a proposed
retail market scheme submitted under subsection (2).
45. Regulations for retail gas
market
(1) The Governor may, on the recommendation of the Minister, make
regulations for the purposes of section 11ZPI in Part 2B that are to
have effect on the commencement of section 15.
(2) The Minister may under subsection (1) recommend the making of
regulations for a distribution system only if the Minister considers
that —
(a) there has been a failure to submit a retail market scheme, or an
amended retail market scheme, for that distribution system that the Minister
could approve in accordance with sections 11ZOJ, 11ZON and 11ZOP as applied
by section 44(4); and
(b) the failure has continued for a period that has caused an unacceptable
delay to the commencement of section 15.
(3) A recommendation made by the Minister under subsection (1) is not
liable to be challenged, reviewed or called in question in any court.
46. Regulations for transitional
matters
(1) For the purpose described in section 44(1) the Governor may make
regulations of the kind contemplated by sections 11ZOD(1)(b), 11ZOH,
11ZOI(4)(b), 11ZON(b) and 11ZOP in Part 2B to have effect pending the
commencement of section 15.
(2) If there is insufficient provision in this Subdivision —
(a) to achieve the purpose described in section 44(1); or
(b) in respect of any matter incidental to that purpose,
the Governor may make the necessary provision by regulations.
(3) If in the opinion of the Minister an anomaly arises in the carrying
out of any provision of —
(a) this Subdivision; or
(b) Part 2B as applied by section 44,
the Governor may by regulations make such provision for the purposes of
this Division as is necessary —
(c) to remove the anomaly; and
(d) to achieve the purpose described in section 44(1).
Subdivision 3
— Gas supply contracts
Expressions used in this Subdivision have the same meanings as they have
in Part 2A Division 4A (Division 4A) to be inserted
in the principal Act by section 28.
48. Approval of standard form
contract
(1) As soon as is practicable after the commencement of section 28,
the holder of a trading licence is to submit to the Authority for its approval a
draft of the standard form contract under which the licensee wishes to supply
gas to small use customers.
(2) Section 11WF of the principal Act inserted by section 28
applies for the purpose of subsection (1) as if the draft were submitted
under section 11WD so inserted.
(3) To allow time for subsections (1) and (2) to be complied with,
the condition provided for by section 11WG(1)(a) of the principal Act
inserted by section 28 does not apply to the licence of a licensee until
the expiry of —
(a) 2 months after the commencement of section 28; or
(b) such longer period as the Authority may, on application made by the
licensee, from time to time allow by instrument in writing.
On and after the expiry of the period allowed under
section 48(3) —
(a) a provision of a trading licence by which a form of contract for the
supply of gas is determined or approved ceases to have effect; and
(b) the arrangements for the supply of gas to small use customers that
immediately before that expiry were governed by a contract in the form mentioned
in paragraph (a) become, by virtue of this section, arrangements for the
supply of gas that are governed by the standard form of contract approved
pursuant to section 48.
(1) Despite section 11WG(1) of the principal Act inserted by
section 28, a licensee may supply gas to a small use customer after the
commencement of section 28 under a non-standard contract that
is —
(a) in force immediately before that commencement; and
(b) does not comply with the principal Act,
until the contract is terminated.
(2) In this section —
non-standard contract means a contract for the supply of gas
that is not a contract in the form mentioned in section 49(a).
51. Regulations for transitional
matters
(1) If there is insufficient provision in this Subdivision in respect of
the transition to the gas supply arrangements provided for by Division 4A
the Governor may make the necessary provision by regulations.
(2) If in the opinion of the Minister an anomaly arises in the carrying
out of any provision of this Division, the Governor may by regulations make such
provision for the purposes of this Division as is
necessary —
(a) to remove the anomaly; and
(b) make appropriate provision in respect of the transition mentioned in
subsection (1).
Subdivision 4
— Initial marketing code of conduct
Expressions used in section 53 have the same meanings as they have
in Part 2C (Part 2C) to be inserted in the principal Act
by section 31.
53. Approval of initial marketing code
of conduct
(1) The initial code of conduct under section 11ZPM of the principal
Act inserted by section 31 is to be approved by the Minister instead of by
the Authority.
(2) The Minister is to act under subsection (1) in consultation with
the committee.
(3) The provisions of —
(a) Part 2C; and
(b) section 25 of the Interpretation Act 1984 in its
application to that Part,
are modified so far as is necessary to enable effect to be given to
subsections (1) and (2).
(4) The code of conduct approved in accordance with this section is to be
taken, for the purposes of Part 2C, to be a code of conduct approved by the
Authority under that Part.
54. Appointment of initial
committee
(1) The Minister instead of the Authority is
to —
(a) prescribe the initial membership, constitution and procedures;
and
(b) appoint the initial members,
of the committee, and may make the initial determinations under
section 11ZPO(3) of the principal Act.
(2) The provisions of —
(a) section 11ZPO of the principal Act; and
(b) section 25 of the Interpretation Act 1984 in its
application to that section,
are modified so far as is necessary to enable effect to be given to
subsection (1).
(3) The committee established in accordance with this section is to be
taken, for the purposes of section 11ZPO of the principal Act to be the
committee established by the Authority under that section.
55. Regulations for transitional
matters
If in the opinion of the Minister an anomaly arises in —
(a) the carrying out of section 53 or 54; or
(b) the operation of Part 2C in accordance with section 25 of
the Interpretation Act 1984,
the Governor may by regulations make such provision as is
necessary —
(c) to remove the anomaly; and
(d) to achieve the purpose of section 53(1) or 54(1).
Subdivision 5
— Initial gas industry ombudsman scheme
In section 57 —
Authority has the same meaning as it has in Part 2D
(Part 2D) to be inserted in the principal Act by
section 32.
57. Approval of initial gas industry
ombudsman scheme
(1) The Minister instead of the Authority is to —
(a) approve the initial gas industry ombudsman scheme under
sections 11ZPZ and 11ZQ of the principal Act inserted by section 32;
and
(b) give the initial approval required for the purposes of
Schedule 2B paragraph (j) of the principal Act inserted by
section 33.
(2) The provisions of —
(a) Part 2D Division 2;
(b) Schedule 2B inserted by section 33; and
(c) section 25 of the Interpretation Act 1984 in its
application to the provisions mentioned in paragraphs (a) and
(b),
are modified so far as is necessary to enable effect to be given to
subsection (1).
(3) A scheme approved in accordance with this section is to be taken, for
the purposes of Part 2D, to be a scheme approved by the Authority under
Division 2 of that Part.
58. Regulations for transitional
matters
If in the opinion of the Minister an anomaly arises in —
(a) the carrying out of section 57; or
(b) the operation of Part 2D Division 2 in accordance with
section 25 of the Interpretation Act 1984,
the Governor may by regulations make such provision as is
necessary —
(c) to remove the anomaly; and
(d) to achieve the purpose of section 57.
Subdivision 6
— Initial last resort supply plan
Expressions used in this Subdivision have the same meanings as they have
in Part 2A Division 6A (Division 6A) inserted in
the principal Act by section 37.
60. Initial last resort supply
plan
(1) The Division 6A provisions do not apply to —
(a) the designation of the initial supplier of last resort; and
(b) the preparation and approval of the initial last resort supply
plan,
for the purposes of that Division.
(2) The supplier of last resort and the last resort supply plan referred
to in subsection (1) are to be determined by the Authority in such manner
as the Authority thinks fit, and the supplier and the plan so determined are to
be taken to have been respectively designated and approved under
Division 6A.
(3) The initial last resort supply plan is to be determined under
subsection (2) after consultation with the initial supplier of last
resort.
(4) To allow time for the completion of the initial last resort supply
plan under Division 6A, the obligation imposed on the Authority by
section 11ZAB inserted in the principal Act by section 37 —
(a) does not arise on the commencement of section 37; but
(b) arises instead on a later day fixed by the Minister by order published
in the Gazette, and has effect on and after that day.
(5) In subsection (1) —
Division 6A provisions means —
(a) sections 11ZAE(1)(a), 11ZAF(a) and (b) and 11ZAG inserted in the
principal Act by section 37; and
(b) regulations of the kind mentioned in section 11ZAK(a) as so
inserted.
61. Regulations for transitional
matters
If in the opinion of the Minister an anomaly arises in connection with
the determination of the supplier of last resort or the last resort supply plan
referred to in section 60, the Governor may by regulations make such
provision as is necessary to remove the anomaly.
6 The
Energy Legislation Amendment Act 2003 s. 97-101 read as
follows:
97. Definitions
In this Division, unless the contrary intention appears —
commencement day means the day on which this Part, other
than this section and section 98, comes into operation;
Coordinator means the Coordinator of Energy referred to in
section 4 of the Energy Coordination Act 1994;
Institute means the Minerals and Energy Research Institute
of Western Australia established by section 4(1) of the Minerals and
Energy Research Act 1987;
liabilities includes future and contingent
liabilities;
Minister means the Minister responsible for the
administration of the Energy Coordination Act 1994;
sustainable energy research means research as to energy
derived from a source that can be utilised sustainably and includes the
development of any process, technique, method, design or apparatus —
(a) to collect, store, apply or utilise any form of energy;
(b) to convert one form of energy into another form of energy;
(c) to substitute one form of energy for any other form of energy;
or
(d) to conserve any form of energy.
98. Ministerial instrument
(1) The Minister, by instrument, is to determine —
(a) the assets that in the Minister’s
opinion relate to the energy research functions of the Institute (the
relevant assets); and
(b) the liabilities that in the Minister’s opinion relate to the
energy research functions of the Institute (the relevant
liabilities).
(2) In subsection (1) —
energy research has the meaning given to that term in
section 3 of the Minerals and Energy Research Act 1987
immediately before the commencement day.
(3) An instrument under subsection (1) may provide for moneys in the
Account referred to in section 26(3) of the Minerals and Energy Research
Act 1987 to be credited —
(a) to an account —
(i) established under section 15B of the Financial Administration
and Audit Act 1985; and
(ii) administered by the Department of the Public Service principally
assisting the Minister in the administration of the Energy Coordination
Act 1994;
or
(b) to the Consolidated Fund.
(4) A determination may be amended by the Minister by further instrument,
but no amendment may be made after the commencement day.
(5) A determination and any amendment to it may only be made by the
Minister with the concurrence of the Minister responsible for the administration
of the Minerals and Energy Research Act 1987.
(6) A determination does not have effect to transfer any asset or
liability except by operation of section 99.
99. Transfer
of assets and liabilities
(1) On the commencement day —
(a) the relevant assets vest in the State;
(b) the State becomes responsible for the relevant liabilities;
and
(c) the Coordinator becomes entitled to possession of all documents and
records that are held by the Institute in respect of those assets and
liabilities.
(2) Anything commenced before the commencement day in respect of an asset
or liability referred to in subsection (1) may be continued by the
State.
100. Responsibility for sustainable energy research
matters
On and after the commencement day, responsibility for any existing
sustainable energy research matter, including an application in progress, is
vested in the Coordinator as if the matter had arisen under Schedule 1
to the Energy Coordination Act 1994.
101. Agreements and instruments
An agreement or instrument relating to a sustainable energy research
matter that subsists immediately before the commencement day and —
(a) to which the Institute was a party; or
(b) which contains a reference to the Institute,
has effect as if —
(c) the Coordinator were substituted for the Institute as a party;
and
(d) any reference to the Institute were, unless the context otherwise
requires, a reference to the Coordinator.
7 The Economic Regulation Authority Act 2003
s. 25(b) reads as follows:
25. Functions
The functions of the Authority are —
(b) the functions referred to in section 11AA of the Energy
Coordination Act 1994;
8 The Economic Regulation
Authority Act 2003 s. 63(2), which gives effect to Sch. 4,
reads as follows:
63. Transitional and saving provisions
(2) Schedule 4 has effect to make transitional and saving provisions
in respect of the amendments made in Schedule 2 Division 4.
Schedule 4 — Transitional
and saving provisions for amendments in Schedule 2
Division 4
[s. 63(2)]
In this Schedule —
commencement day means the day on which this Schedule comes
into operation;
Coordinator means the Coordinator of Energy referred to in
section 4 of the Energy Coordination Act 1994;
licensing functions means the functions of the Coordinator
under Part 2A;
Part 2A means Part 2A of the Energy
Coordination Act 1994 as in effect before the commencement
day.
2. Interpretation Act 1984
to apply
This Schedule does not limit the operation of the Interpretation
Act 1984.
Without limiting the operation of clause 4, a licence that was in
effect under Part 2A immediately before the commencement day continues, on
and after that day, as a licence in effect under that Part as amended by
Schedule 2 Division 4.
4. Continuing effect of things
done
On and after the commencement day any act, matter or thing done or
omitted to be done before that day by, to, or in respect of, the Coordinator in
the performance of licensing functions (to the extent that that act, matter or
thing has any force or effect) is to be taken to have been done or omitted by,
to, or in respect of, the Authority.
On and after the commencement day, anything lawfully commenced by the
Coordinator in the performance of licensing functions may, so far as it is not
contrary to this Act or any other written law that gives functions to the
Authority, be carried on and completed by the Authority.
Any proceedings or remedy that immediately before the commencement day
might have been brought or continued by or available against or to the
Coordinator in relation to the performance of licensing functions, may, on and
after that day, be brought or continued and are available, by or against or to
the Authority.
On and after the commencement day the Authority is to take delivery of
all papers, documents, minutes, books of account and other records (however
compiled, recorded or stored) that were, immediately before that day, in the
possession or under the control of the Coordinator and related to the operations
of the Coordinator under Part 2A.
8. References to Coordinator in agreements
and instruments
(1) Any agreement or instrument subsisting immediately before the
commencement day —
(a) to which the Coordinator is a party; or
(b) which contains a reference to the Coordinator,
has effect after the commencement day as if —
(c) the Authority were substituted for the Coordinator as a party to the
agreement or instrument; and
(d) any reference in the agreement or instrument to the former official
were (unless the context otherwise requires) amended to be or include a
reference to the Coordinator.
(2) In this clause —
agreement or instrument means an agreement or instrument
relating to licensing functions.
9. References to Coordinator in written
law
A reference to the Coordinator in an enactment in force immediately
before the commencement day that relates to licensing functions may, where the
context so requires, be read as if it had been amended to be a reference to the
Authority.
Despite the amendments made in Schedule 2 Division 4, where the
Coordinator had the benefit of any immunity in respect of an act, matter or
thing done or omitted before the commencement day in the performance of
licensing functions, that immunity continues in that respect for the benefit of
the Authority.
The operation of any provision of this Schedule is not to be
regarded —
(a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting, restricting or
regulating the assignment or transfer of assets, rights or liabilities of 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 instrument, because of a change in the
beneficial or legal ownership of any asset, right 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.
9 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
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)
amendment 11ZOL(5)
appropriate
amendment 11WI(3)
approved 11ZOA
approved
scheme 11ZPX
associate 11ZOW(2)
Authority 3(1)
business 11ZP(5)
classification 11N(2)
code
of conduct 11ZPL
commercial
information 3(1)
committee 11ZPL
component 3(1)
contravene 11ZOA
cooling-off
period 11WC(1)(b)
Coordinator 3(1)
Court Sch. 2A cl. 1
customer 11WB,
11ZPL, 11ZPX
customer contract 11ZPX
decision 19B(1)
delivery
point 11WJ
Director 3(1)
distribution licence 3(1)
distribution
system 3(1)
distribution works 3(1)
document 4E(4),
11(4)
electricity 3(1)
emergency Sch. 3 cl. 1(1)
emergency order Sch. 3
cl. 1(1)
emergency plan 24C(1)
energy 3(1), 20A
energy research Sch. 1
cl. 1
existing operator 11I(1)
formal entity 11ZOA
gas 3(1)
gas
business operator 11ZOA
gas distribution operator 11ZOA, 11ZOC(1)(a)
gas
industry ombudsman 11ZPX, 11ZPZ(1)
gas market participant 11ZOA,
11ZOC(1)
gas marketing agent 11ZPL, 11ZPX
gas transmission operator 11ZOA,
11ZOD(1)(a)
governing body of a scheme 11ZPA(7)
information 4E(4),
11(4)
inspector 3(1)
last resort supply
plan 11ZAA
licence 3(1)
licensee 3(1), 11ZO(4),
11ZPL
marketing 11ZPL
member 11ZOA
Minister 3(1)
network
operator 3(1)
non-standard contract 11WB
period of
exclusivity 11WM(2)
prescribed person 11ZOD(1)(b)
prescribed
provision 11ZO(4)
prohibited conduct 11ZOV(1)
public
authority 11ZJ(2)
relevant interest 11ZJ(2)
relevant
official 24(1)
relevant provisions 11ZOA
researcher Sch. 1 cl. 1
retail
competition implementation costs 11Q(4)
retail gas operator 11ZOA,
11ZOC(1)(b)
retail market rules 11WJ, 11ZOA
retail market scheme 11WJ,
11ZOA
safety provision 24A(3)
seriously affected Sch. 3 cl. 1(1)
small
use customer 3(1)
standard form contract 11WB
supplier of last
resort 11ZAA, 11ZAC(1)
supply 3(1)
supply area 3(1), 11ZAA
supply
authority 3(1)
supply system Sch. 3 cl. 1(1)
trade secret 3(1)
trading
licence 3(1)
transmission works 3(1)