Western Australian Consolidated Acts Western Australian Consolidated Acts1 This reprint is a compilation as at 4 April 2008 of the
Energy Operators (Powers) Act 1979 and includes the amendments made by
the other written laws referred to in the following table 4.
The table also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
State Energy Commission
Act 1979 5 |
111 of 1979 |
21 Dec 1979 |
1 Feb 1980 (see s. 2 and Gazette
1 Feb 1980 p. 284) |
|
Acts Amendment (Statutory Designations) and Validation
Act 1981 s. 4 |
63 of 1981 |
13 Oct 1981 |
13 Oct 1981 |
|
State Energy Commission Amendment
Act 1981 |
101 of 1981 |
4 Dec 1981 |
s. 4: 4 Dec 1981 (see
s. 2(1)); |
|
State Energy Commission Amendment
Act 1984 |
36 of 1984 |
20 Jun 1984 |
20 Jun 1984 |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
State Energy Commission Amendment
Act 1986 |
24 of 1986 |
28 Jul 1986 |
s. 1-3, 6-8, 12-14, 16-39 and 41: 28 Jul 1986
(see s. 2(1)); |
|
Reprint of the State Energy Commission Act 1979
as at 21 May 1987 (includes amendments listed above) |
|||
|
State Energy Commission Amendment
Act 1987 |
30 of 1987 |
29 Jun 1987 |
29 Jun 1987 (see s. 3) |
|
Acts Amendment (Public Service) Act 1987
s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette
16 Mar 1988 p. 813) |
|
Acts Amendment (Land Administration) Act 1987
Pt. XV |
126 of 1987 |
31 Dec 1987 |
16 Sep 1988 (see s. 2 and Gazette
16 Sep 1988 p. 3637) |
|
Acts Amendment (Accountability) Act 1989
Pt. 5 |
5 of 1989 |
26 Apr 1989 |
1 Jul 1989 (see s. 2 and Gazette
30 Jun 1989 p. 1893) |
|
State Energy Commission Amendment
Act 1991 |
6 of 1991 |
5 Jun 1991 |
s. 1 and 2:
5 Jun 1991; |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 and 15 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Local Government (Superannuation) Legislation Amendment
Act 1994 s. 13 |
60 of 1994 |
7 Nov 1994 |
24 Dec 1994 (see s. 2 and Gazette
23 Dec 1994 p. 7070) |
|
Energy Corporations (Transitional and Consequential
Provisions) Act 1994 Pt. 2 6, 7 |
89 of 1994 (as amended by No. 18 of 2005
s. 139) |
15 Dec 1994 |
1 Jan 1995 (see s. 2(2) and
Gazette 23 Dec 1994 p. 7069) |
|
Planning Legislation Amendment Act (No. 2) 1994
s. 46(4) |
84 of 1994 |
13 Jan 1995 |
1 Mar 1995 (see s. 2 and Gazette
21 Feb 1995 p. 567) |
|
Reprint of the Energy Corporations (Powers)
Act 1979 as at 25 May 1995 (includes amendments listed
above) |
|||
|
Water Agencies Restructure (Transitional and
Consequential Provisions) Act 1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and
Gazette 29 Dec 1995 p. 6291) |
|
Sentencing (Consequential Provisions) Act 1995
Pt. 28 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Acts Amendment (Land Administration) Act 1997
Pt. 24 and s. 142 and 143 |
31 of 1997 |
3 Oct 1997 |
30 Mar 1998 (see s. 2 and Gazette
27 Mar 1998 p. 1765) |
|
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
s. 10(1) |
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. 54-56, 77-83 and 90-92 8 |
58 of 1999 |
24 Dec 1999 |
s. 54-56: 24 Dec 1999 (see
s. 2(1)); |
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 14(13) |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Reprint of the Energy Operators (Powers)
Act 1979 as at
15 Sep 2000 |
|||
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 58 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Energy Legislation Amendment Act 2003 Pt. 7
Div. 2 9 |
53 of 2003 |
8 Oct 2003 |
8 Oct 2003 (see s. 2(1) and
(2)) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 51(2) and (3) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
Electricity Legislation Amendment Act 2004
Pt. 2 Div. 4 (s. 37-46) |
33 of 2004 |
20 Oct 2004 |
s. 37-43 and 45-46: 1 Dec 2004 (see s. 2
and Gazette 23 Nov 2004
p. 5243); |
|
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) |
|
Criminal Law Amendment (Simple Offences)
Act 2004 s. 82 |
70 of 2004 |
8 Dec 2004 |
31 May 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 4: The Energy Operators (Powers)
Act 1979 as at 23 Sep 2005 (includes amendments listed above except
those in the Electricity Legislation Amendment Act 2004
s. 44) |
|||
|
18 of 2005 |
13 Oct 2005 |
1 Apr 2006 (see s. 2(2) and Gazette
31 Mar 2006 p. 1153) |
|
|
Planning and Development (Consequential and Transitional
Provisions) Act 2005 s. 15 |
38 of 2005 |
12 Dec 2005 |
9 Apr 2006 (see s. 2 and Gazette
21 Mar 2006 p. 1078) |
|
Energy Operators (Powers) Amendment Act 2006
s. 1-4 |
8 of 2006 |
5 May 2006 |
5 May 2006 (see s. 2) |
|
Criminal Investigation (Consequential Provisions) Act
2006 s. 73 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette
22 Jun 2007 p. 2838) |
|
38 of 2007 |
21 Dec 2007 |
1 Feb 2008 (see s. 2(2) and Gazette
31 Jan 2008 p. 251) |
|
|
Reprint 5: The Energy Operators (Powers)
Act 1979 as at 4 Apr 2008 (includes amendments listed
above) |
|||
2 Under the Public Sector Management Act 1994
s. 112(1) a reference to the Public Service Act 1978 is,
unless the contrary is intended, to be read and construed as if it had been
amended to be a reference to the Public Sector Management
Act 1994.
3 The State Electricity Commission Act 1945 was
repealed by this Act.
4 The Energy Operators (Powers) Act 1979 is affected
by the Dampier to Bunbury Pipeline Act 1997 Sch. 4 Div. 3 it.
9, which reads as follows:
“
9. Exclusion of certain statutory
rights
(1) The rights, powers, and privileges given to the corporation by the
Energy Corporations (Powers) Act 1979 do not apply in relation to
land in the DBNGP corridor as defined in section 27 of this Act.
(2) Subclause (1) does not have the effect that anything referred to
in section 43 of the Energy Corporations (Powers) Act 1979
ceases to be the property of the corporation.
”.
5 Short title was initially the State Energy Commission
Act 1979 and was subsequently changed to the Energy Corporations
(Powers) Act 1979 and then to the Energy Operators (Powers) Act
1979 (see note under s. 1).
6 The Energy Corporations (Transitional and Consequential
Provisions) Act 1994 s. 34(2) is a transitional provision that is
of no further effect.
7 The Energy Corporations (Transitional and Consequential
Provisions) Act 1994 Pt. 3 (as amended by the Electricity
Corporations Act 2005 s. 139) reads as follows:
“
Part 3 ¾
Transitional provisions for succession from Commission to new
corporations
Division 1 ¾
Preliminary
42. Intention
The intention of the provisions of this Part is that the Electricity
Corporation and the Gas Corporation will, in accordance with those provisions,
stand in place of and be the successors to the Commission, except so far as
section 48 applies.
43. Definitions
In this Part, unless the contrary intention appears ¾
“assets” means ¾
(a) property of every kind whether tangible or intangible, real or
personal, corporeal or incorporeal; and
(b) without limiting paragraph (a) includes choses in action, goodwill,
rights, interests and claims of every kind in or to property, 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;
“commencement day” means the day on which Part 2 comes
into operation;
“Commission” means the Commission under the principal
Act as in force before the commencement day;
“corporation” means the Electricity Corporation or the
Gas Corporation but in section 47 “corporations” means both
of those corporations;
“Electricity Corporation” means the body corporate
established by section 4 of the Electricity Corporation Act
1994;
“Gas Corporation” means the body corporate established
by section 4 of the Gas Corporation Act 1994;
“liability” means any liability, duty or obligation
whether actual, contingent or prospective, liquidated or unliquidated, or
whether owed alone or jointly or jointly and severally with any other
person;
“principal Act” means the State Energy Commission
Act 1979;
“right” means any right, power, privilege or immunity
whether actual, contingent or prospective;
“transfer order” means the order and any amendments to
it made by the Minister under section 44, and includes any order made under
subsection (5) of that section.
Division 2 ¾ Devolution
of Commission’s assets and liabilities etc.
44. Minister to make order for allocation of assets and
liabilities
(1) As soon as is practicable after this section comes into force the
Minister is to make and publish in the Gazette an order
specifying —
(a) how assets, rights and liabilities of the Commission are to be
allocated to the Electricity Corporation and the Gas Corporation; and
(b) any proceedings in which the Electricity Corporation or the Gas
Corporation is to be, or both of those corporations are to be, substituted for
the Commission as a party or parties.
(2) An allocation under subsection (1)(a) may be made to —
(a) the Electricity Corporation;
(b) the Gas Corporation; or
(c) both of those corporations either jointly or as tenants in common in
equal or unequal shares.
(3) Without limiting subsection (1), an order under that subsection may
—
(a) provide for the allocation of income in respect of any
asset;
(b) in respect of a particular liability, allocate a specified share of
the liability to each of the corporations;
(c) provide for the transfer, debiting, crediting, closing or otherwise
dealing with any account, reserve, fund, provision, profit or liability for any
levy; and
(d) contain such incidental or supplementary provisions as the Minister
thinks fit.
(4) The transfer order may be amended by the Minister, by further order
published in the Gazette, but no such amendment may be made after the
commencement day.
(5) Where for any reason it is not practicable to allocate any asset,
right or liability to a corporation, or to both of the corporations, under this
section before the commencement date —
(a) the transfer order is to specify that the asset, right or liability is
to be allocated under this subsection; and
(b) the Minister may make a further order under this section in respect of
that asset, right or liability not later than 90 days after the
commencement day.
(6) An order under subsection (5) is to have effect from the commencement
day.
(7) The Commission is to be taken to continue to hold an asset or right,
and to be liable for a liability, to which subsection (5) applies until an order
is made under that subsection.
45. Transfer of assets and liabilities to the Electricity
Corporation
(1) On and after the commencement day —
(a) the assets and rights of the Commission allocated to the Electricity
Corporation by the transfer order vest in that corporation by force of this
section;
(b) the liabilities of the Commission (including a share of a liability)
allocated to the Electricity Corporation by the transfer order become, by force
of this section, the liabilities of that corporation;
(c) subject to section 49, any agreement or instrument relating to the
assets, rights and liabilities referred to in paragraphs (a) and (b) has effect,
by force of this section, as if the Electricity Corporation were substituted for
the Commission in the agreement or instrument;
(d) the Electricity Corporation is a party to any proceedings by or
against the Commission commenced before the commencement day in accordance with
any provision of the transfer order to that effect made under
section 44(1)(b);
(e) any proceedings or remedy that might have been commenced by or
available against or to the Commission in relation to the assets, rights and
liabilities referred to in paragraphs (a) and (b), may be commenced and are
available, by or against or to the Electricity Corporation;
(f) any act, matter or thing done or omitted to be done in relation to the
assets, rights and liabilities referred to in paragraphs (a) and (b) before the
commencement day by, to or in respect of the Commission (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 Electricity Corporation;
(g) the Commission is to deliver to the Electricity Corporation all
registers, papers, documents, minutes, receipts, books of account and other
records (however compiled, recorded or stored) relating to —
(i) the assets, rights and liabilities referred to in paragraphs (a) and
(b); and
(ii) proceedings referred to in paragraph (d);
and
(h) all provisions of the transfer order relevant to this section have
effect.
(2) Subsection (1)(c) and (e) has effect subject to any provision of the
transfer order made under section 44(3)(b).
46. Transfer of assets and liabilities to the Gas
Corporation
(1) On and after the commencement day —
(a) the assets and rights of the Commission allocated to the Gas
Corporation by the transfer order vest in that corporation by force of this
section;
(b) the liabilities of the Commission (including a share of a liability)
allocated to the Gas Corporation by the transfer order become, by force of this
section, the liabilities of that corporation;
(c) subject to section 49, any agreement or instrument relating to the
assets, rights and liabilities referred to in paragraphs (a) and (b) has effect,
by force of this section, as if the Gas Corporation were substituted for the
Commission in the agreement or instrument;
(d) the Gas Corporation is a party to any proceedings by or against the
Commission commenced before the commencement day in accordance with any
provision of the transfer order to that effect made under
section 44(1)(b);
(e) any proceedings or remedy that might have been commenced by or
available against or to the Commission in relation to the assets, rights and
liabilities referred to in paragraphs (a) and (b), may be commenced and are
available, by or against or to the Gas Corporation;
(f) any act, matter or thing done or omitted to be done in relation to the
assets, rights and liabilities referred to in paragraphs (a) and (b) before the
commencement day by, to or in respect of the Commission (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 Gas Corporation;
(g) the Commission is to deliver to the Gas Corporation all registers,
papers, documents, minutes, receipts, books of account and other records
(however compiled, recorded or stored) relating to —
(i) the assets, rights and liabilities referred to in paragraphs (a) and
(b); and
(ii) proceedings referred to in paragraph (d);
and
(h) all of the provisions of the transfer order relevant to this section
have effect.
(2) Subsection (1)(c) and (e) has effect subject to any provision of the
transfer made under section 44(3)(b).
47. Transfer of assets and liabilities to both
corporations
On and after the commencement day —
(a) the assets and rights of the Commission allocated to the corporations
jointly by the transfer order vest in those corporations jointly by force of
this section;
(b) the assets and rights of the Commission allocated to the corporations
as tenants in common by the transfer order vest in those corporations as tenants
in common in the shares specified in the transfer order by force of this
section;
(c) the liabilities of the Commission allocated to the corporations
jointly by the transfer order become, by force of this section, the liabilities
of those corporations jointly;
(d) subject to section 49, any agreement or instrument relating to the
assets, rights and liabilities referred to in paragraphs (a) and (b) has effect,
by force of this section, as if the corporations were substituted for the
Commission in the agreement or instrument;
(e) the corporations jointly are parties to any proceedings by or against
the Commission commenced before the commencement day in accordance with any
provision of the transfer order to that effect made under
section 44(1)(b);
(f) any proceedings or remedy that might have been commenced by or
available against or to the Commission in relation to the assets, rights and
liabilities referred to in paragraphs (a), (b) and (c), may be commenced and are
available, by or against or to the corporations jointly or severally in
accordance with the transfer order;
(g) any act, matter or thing done or omitted to be done in relation to the
assets, rights and liabilities referred to in paragraphs (a), (b) and (c) before
the commencement day by, to or in respect of the Commission (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 corporations jointly or severally in
accordance with the transfer order;
(h) the Commission is to deliver to the Electricity Corporation all
registers, papers, documents, minutes, receipts, books of account and other
records (however compiled, recorded or stored) relating to —
(i) the assets, rights and liabilities referred to in paragraphs (a), (b)
and (c); and
(ii) proceedings referred to in paragraph (e);
and
(i) all of the provisions of the transfer order relevant to this section
have effect.
48. Unallocated assets and liabilities
Subject to section 44(5), on and after the commencement day
—
(a) any assets and rights of the Commission that do not vest in a
corporation or the corporations under section 45, 46 or 47, are to be dealt with
as the Minister directs;
(b) any liability of the Commission that does not become a liability of a
corporation or the corporations under section 45, 46 or 47 is, so far as it is
properly payable, to be discharged in such manner and from such source as the
Minister, with the approval of the Treasurer, directs;
(c) subject to section 49, any agreement or instrument relating to the
assets, rights and liabilities referred to in paragraphs (a) and (b) has effect,
by force of this section, as if the State were substituted for the Commission in
the agreement or instrument;
(d) any proceedings or remedy that might have been commenced by or
available against or to the Commission in relation to the assets, rights and
liabilities referred to in paragraphs (a) and (b), may be commenced and are
available, by or against or to the State;
(e) any act, matter or thing done or omitted to be done in relation to the
assets, rights and liabilities referred to in paragraphs (a) and (b) before the
commencement day by, to or in respect of the Commission (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 State; and
(f) the Commission is to deliver to the Minister all registers, papers,
documents, minutes, receipts, books of account and other records (however
compiled, recorded or stored) relating to the assets, rights and liabilities
referred to in paragraphs (a) and (b).
49. References to Commission in Government agreements
(1) The transfer order is to also specify for each provision in a
Government agreement in which there is a reference to the Commission whether
that reference is to be read as a reference to —
(a) the Electricity Corporation;
(b) the Gas Corporation;
(c) both those corporations either jointly or as tenants in common in
equal or unequal shares;
(d) a Minister of the Crown or the State; or
(e) the Coordinator of Energy referred to in section 4 of the Energy
Coordination Act 1994.
(2) Subsection (1) does not apply to a provision of a Government agreement
that is spent or has had its effect.
(3) On and after the commencement day a provision of a Government
agreement which under subsection (1) is affected by the transfer order has
effect by force of this section as so affected.
(4) In this section “Government agreement” has the same
meaning as it has in the Government Agreements Act 1979.
50. Debentures and inscribed stock
(1) Without limiting section 45, 46 or 47 any debentures or inscribed
stock which devolve under any of those sections, and the determination of rights
and obligations in respect of the same, continue to be governed by sections 108
and 111 of the principal Act and regulations made under section 110 of that Act,
despite the repeal of those sections, as if —
(a) those sections and regulations remained in force; and
(b) references in those sections and regulations to the
“Commission” were references to —
(i) a new corporation; or
(ii) 2 or more of the new corporations jointly or severally,
in accordance with a transfer order.
(1a) In subsection (1)(b) —
“new corporation” and “transfer
order” have the meanings given to those terms in section 142(1)
of the Electricity Corporations Act 2005.
(2) The Governor may, by further regulations, amend or repeal the
regulations referred to in subsection (1).
[Section 50 amended by No. 18 of 2005 s. 139.]
51. Guarantees in respect of Commission
(1) A guarantee under section 30 or 108 of the principal Act as in force
immediately before the commencement day is not affected by —
(a) any provision of this Act, including without limitation the transfer
of any liability of the Commission under section 45, 46 or 47 to a
corporation or the corporations jointly; or
(b) any transfer, vesting or assumption of any liability of the Commission
to, in or by a corporation or the corporations jointly by any other
means.
(2) Any guarantee referred to in subsection (1) is to continue in force
and is to be read and construed, on and from —
(a) the commencement day; or
(b) the day on which the transfer, vesting or assumption by any other
means referred to in subsection (1) is effective,
as if it were a guarantee of the liabilities of the corporation which
have been transferred, vested or assumed to, in or by it.
(3) Despite its repeal by section 34, section 106(1) of the principal Act
is to be taken to continue to apply for the purposes of
subsection (2).
(4) The Treasurer may enter into any instrument confirming the continued
liability of the State under a guarantee referred to in subsection
(1).
(5) Division 4 of Part 5 of the relevant Act is to be taken to apply to a
liability of a corporation referred to in subsection (1) if a guarantee of that
liability cannot be preserved under this section (whether because the guarantee
is governed otherwise than by the law of the State or for any other
reason).
(6) In subsection (5) “relevant Act” means
—
(a) in the case of the Electricity Corporation, the Electricity
Corporation Act 1994; and
(b) in the case of the Gas Corporation, the Gas Corporation Act
1994.
(7) By virtue of this subsection, any sum paid by the Treasurer under a
guarantee referred to in subsection (1) constitutes a charge on the assets of
the relevant corporation or the corporations jointly, as the case may
require.
52. Commission to complete necessary transactions
(1) Where any asset, right or liability to which this Part applies cannot
be properly vested in or succeeded to by the Electricity Corporation or the Gas
Corporation, or by both of those corporations, by the operation of this Part
(whether because the matter is governed otherwise than by the law of the State,
or for any other reason) —
(a) the Commission is to be taken to continue to hold or be liable for
that asset, right or liability until the same is effectively vested in or
succeeded to by the corporation concerned or both of the corporations in
accordance with this Part; and
(b) the Commission is to take all practicable steps for the purpose of
securing that such asset, right or liability is effectively vested in or
succeeded to by the corporation concerned or both of the corporations in
accordance with this Part.
(2) The fact that subsection (1)(a) applies to an asset, right or
liability that is allocated to a corporation or to both of the corporations
under this Part does not affect the duty of the corporation or the corporations
to account for and report on that asset, right or liability under the written
law by which the corporation is established.
53. Exemption from State taxation
(1) In this section —
“State tax” includes stamp duty chargeable under the
Stamp Act 1921 and any other tax, duty, fee, levy or charge under a law
of the State.
(2) State tax is not payable in relation to —
(a) anything that occurs by the operation of this Part; or
(b) anything done (including a transaction entered into or an instrument
or document of any kind made, executed, lodged or given) under this Part, or to
give effect to this Part, or for a purpose connected with or arising out of,
giving effect to this Part.
(3) The Treasurer or a person authorised by the Treasurer may, on request
by the Electricity Corporation or the Gas Corporation, certify in writing that
—
(a) a specified thing occurred by the operation of this Part; or
(b) a specified thing was done under this Part, or to give effect to this
Part, or for a purpose connected with or arising out of giving effect to this
Part.
(4) For all purposes and in all proceedings, a certificate under
subsection (3) is conclusive evidence of the matters it certifies, except so far
as the contrary is shown.
54. Registration of documents
(1) The relevant officials are to take notice of the provisions of this
Part and are empowered to record and register in the appropriate manner the
documents necessary to give effect to this Part.
(2) Without limiting subsection (1), a statement in an instrument executed
by the Electricity Corporation or the Gas Corporation that any estate or
interest in land or other property has become vested in it or in the
corporations jointly or in specified shares under section 45, 46 or 47 is
evidence of that fact.
(3) In subsection (1) “relevant officials” means the
Registrar of Titles, the Registrar of Deeds, the Ministers respectively
administering the Land Act 1933 and the Mining Act 1978 and any
other person authorised by a written law to record and give effect to the
registration of documents relating to transactions affecting any estate or
interest in land or any other property.
55. Saving
The operation of section 45, 46 or 47 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 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 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.
Division 3 — Staff
56. Transition of employment
Any agreement made at any time between the Commission and a person for
the employment of that person on the staff of a corporation has effect after the
commencement of section 15 of the Electricity Corporation Act 1994 or
section 15 of the Gas Corporation Act 1994 as if it had been made by the
board of the corporation under that section.
57. Employees’ rights preserved
Except as otherwise agreed by an employee, the change from employment by
the Commission to employment by a corporation does not —
(a) affect the employee’s remuneration;
(b) prejudice the employee’s existing or accruing rights;
(c) affect any rights under a superannuation scheme; or
(d) interrupt continuity of service.
Division 4 — General transitional
provisions
58. Annual report for part of a year
The accountable authority, within the meaning in the Financial
Administration and Audit Act 1985, of the Commission is to report in respect
of that body as required by section 66 of that Act, but limited to the period
from the preceding 1 July to the commencement day, and Division 14 of Part II of
that Act applies as if that period were a full financial year.
59. Completion of things commenced
Anything commenced to be done by the Commission under the principal Act
before the commencement day may be continued by a corporation so far as the
doing of that thing is within the functions of that corporation after the
commencement day.
60. Continuing effect of things done
Any act, matter or thing done or omitted to be done before the
commencement day by, to or in respect of the Commission, to the extent that that
act, matter or thing —
(a) has any force; and
(b) is not governed by section 45(f), 46(f) or 47(g),
is to be taken to have been done or omitted by, to or in respect of a
corporation so far as the act, matter or thing is relevant to that
corporation.
61. Immunity to continue
Despite Part 2 of this Act, where the Commission had the benefit of any
immunity in respect of an act, matter or thing done or omitted before the
commencement day, that immunity continues in that respect for the benefit of the
corporations.
62. Agreements and instruments generally
(1) This section applies to any agreement or instrument subsisting
immediately before the commencement day that does not come within the provisions
of section 45(1)(c), 46(1)(c), 47(d) or 49.
(2) Any agreement or instrument to which this section applies
—
(a) to which the Commission was a party; or
(b) which contains a reference to the Commission,
has effect after that day as if —
(c) the relevant corporation were substituted for the Commission as a
party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the Commission were
(unless the context otherwise requires) a reference to the relevant
corporation.
(3) In this section “relevant corporation” means
—
(a) in relation to the functions of the Commission that after the
commencement day are functions of the Electricity Corporation, that
corporation;
(b) in relation to the functions of the Commission that after the
commencement day are functions of the Gas Corporation, that
corporation.
63. Commission to perform necessary transitional functions
(1) Despite the repeal of section 7 of the principal Act by section 8 of
this Act, the Commission continues in existence for the purpose
of —
(a) reporting as required by section 58; and
(b) performing the functions described in sections 44(7), 45(1)(g),
46(1)(g), 47(h), 48(f) and 52.
(2) The accountable authority, within the meaning in the Financial
Administration and Audit Act 1985, also continues in existence for the
purpose described in subsection (1)(a).
(3) Despite the provisions of the principal Act —
(a) the members of the Commission immediately before the commencement day
cease to hold office on that day;
(b) the Commission is to be constituted by a person appointed by the
Minister; and
(c) the Commission is to perform the functions referred to in subsection
(1) through that person.
(4) The person referred to in subsection (3)(b) holds office at the
pleasure of the Minister and on such terms and conditions as the Minister
determines.
(5) The Commission as constituted under this section has the powers that
are necessary or convenient for the purposes of subsection (1).
(6) Each of the corporations is to provide the clerical or other
assistance that the Commission reasonably requires for performing the functions
described in subsection (1) in respect of that corporation.
64. Further transitional provision may be made
(1) If there is no sufficient provision in this Part for any matter or
thing necessary or convenient to give effect to the intention described in
section 42 the Minister may make that provision by order published in the
Gazette.
(2) Any such order may be made so as to have effect from the commencement
day.
(3) To the extent that a provision of any such order has effect on a day
that is earlier than the day of its publication in the Gazette, the
provision does not operate so as —
(a) to affect, in a manner prejudicial to any person (other than the
State, the Electricity Corporation, the Gas Corporation or any authority of the
State), the rights of that person existing before the day of its publication;
or
(b) to impose liabilities on any person (other than the State, the
Electricity Corporation, the Gas Corporation or any authority of the State), in
respect of anything done or omitted to be done before the day of
publication.
”.
8 The Gas Corporation (Business Disposal) Act 1999
s. 92(c)(i) and (d) do not have effect because the provisions they
would have amended were previously amended by the Statutes (Repeals and Minor
Amendments) Act 2000 s. 14(13). Subsequently s. 92(c)(i) and (d)
were deleted by the Statutes (Repeals and Minor Amendments) Act 2003
s. 51(4).
9 The Energy Legislation Amendment Act 2003
s. 115(3)-(4) and 116 read as follows:
“
115. Section 65 amended and transitional provision
(3) Section 65 of the principal Act as in force immediately before
the commencement of this section is to continue to have effect for the purpose
of adjusting, under section 65, charges in respect of which, according to
the records of the energy operator —
(a) a metering or billing error was discovered by;
(b) a complaint was made to; or
(c) a question was raised with,
the energy operator before that commencement.
(4) A statement in writing signed on behalf of an energy operator showing
the day on which, according to the records of the energy
operator —
(a) a metering or billing error was discovered by;
(b) a complaint was made to; or
(c) a question was raised with,
the energy operator, as mentioned in subsection (3), is to be
presumed to be correct in the absence of evidence to the contrary.
116. Validation of certain agreements
(1) This section applies where before the commencement of this
section —
(a) an agreement was made between a person and Western Power Corporation
for the purposes of section 58(3) or 61(1) of the principal Act;
and
(b) the amount which the person agreed to pay to Western Power Corporation
under the agreement was determined in such a way as to include an amount for the
cost of appropriate network development.
(2) The provisions of such an agreement, and all acts, matters and things
relating to it, are and always were as valid and effective as they would have
been if the principal Act had been amended in accordance with sections 113
and 114 of this Act at the time when the agreement was entered
into.
(3) In this section —
appropriate network development means “appropriate
network development” as defined in section 58(3a) or
section 61(1a) of the principal Act, as the case may require;
Western Power Corporation has the meaning given to that term
in section 4(1) of the principal Act.
”.