Western Australian Consolidated Acts

ECONOMIC REGULATION AUTHORITY ACT 2003 - SCHEDULE 4

[s. 63(2)]

1 .         Terms used

                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 .

3 .         Licences under Part 2A

                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  ³ .

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.

5 .         Completion of things begun

                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.

6 .         Proceedings etc.

                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.

7 .         Records

                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.

10 .         Immunity to continue

                Despite the amendments made in Schedule 2 Division 4  ³ , 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.

11 .         Saving

                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.