Western Australian Consolidated Acts

ELECTRICITY CORPORATIONS ACT 2005 - SECT 3

3 .         Terms used

        (1)         In this Act, unless the contrary intention appears — 

        board means a board of directors provided for by section 8;

        chief executive officer means an officer appointed under section 14 and, except in sections 14 and 16, includes an acting chief executive officer appointed under section 17;

        corporation means a body established by section 4(1);

        Corporations Act means the Corporations Act 2001 of the Commonwealth;

        director means a member of a board;

        Economic Regulation Authority means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003 ;

        electricity includes electrical energy of any kind however produced, stored, transported or consumed;

        Electricity Generation Corporation means the body established by section 4(1)(a);

        Electricity Networks Corporation means the body established by section 4(1)(b);

        Electricity Retail Corporation means the body established by section 4(1)(c);

        executive officer means a member of the staff of a corporation designated under section 20 as an executive officer;

        function includes powers, duties and authorities, except in —

            (a)         Part 3 Division 1 Subdivisions 1 to 6; and

            (b)         sections 56 and 59;

        gas means any gas or mixture of gases, whether naturally occurring or manufactured, intended for use —

            (a)         as a fuel; or

            (b)         in any chemical process;

        member of staff means a person engaged under section 18;

        non-executive director , in relation to a corporation, means a director other than the chief executive officer if he or she is a director of the corporation;

        Regional Power Corporation means the body established by section 4(1)(d);

        South West interconnected system means the interconnected transmission and distribution systems, generating works and associated works —

            (a)         located in the South West of the State and extending generally between Kalbarri, Albany and Kalgoorlie; and

            (b)         into which electricity is supplied by one or more of the electricity generation plants at Kwinana, Muja, Collie and Pinjar,

        as expanded or altered from time to time;

        subsidiary , in relation to a corporation, means — 

            (a)         a body determined to be a subsidiary of the corporation under subsection (2); and

            (b)         an interest or other rights of the corporation in a unit trust, joint venture or partnership where the interest or other rights of the corporation in connection with the unit trust, joint venture or partnership entitle the corporation to — 

                  (i)         control the composition of the governing body of the unit trust, joint venture or partnership;

                  (ii)         cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the unit trust, joint venture or partnership; or

                  (iii)         control the business affairs of the unit trust, joint venture or partnership;

        Treasurer means the Treasurer of the State.

        (2)         The Corporations Act Part 1.2 Division 6 applies for the purpose of determining whether a body is a subsidiary of a corporation.

        [Section 3 amended by No. 39 of 2010 s. 75(2).]