Electric Light and Power Acts Amendment Act of 1934 (25 Geo v No. 20) (Qld)

ELECTRIC LIGHT. 25 GEO. V. No. 20,1934. Electric Light and Power Acts, Etc., Act. 14971 DISEASES IN PLANTS. See AGRICULTURE. DISTRESS. See LANDLORD AND TENANT. DISTRICT IMPROVEMENT BOARDS. See LOCAL AUTHORITIES. DUES (CROWN RELIEF). See LANDS, CROWN (2). ELECTRIC LIGHT. An Act to Amend "The Electric Light and Power 25 NGoe. o 2 . 0V. . Acts, 1896 to 1933," in certain particulars. THE ELECTRIC [ASSENTED TO 29TH NOVEMBER, 1934.] PLOIWGEHRT AACNTDS AMENDMENT B E it enacted by the King's Most Excellent Majesty, ACT OF 1934. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as "The Electric Short title Light and Power Acts Amendment Act of 1934,'" and shall and t t' be read as one with *" The Electric Light and Power Acts, cons rue IOn. 1896 to 1933," herein referred to as the Principal Act. (2.) The Principal Act and this Act may collectively Collective be cited as " The Electric Light and Power Acts, 1896 to title. 1934." Amendments of the Principal Act. 2. Section 41A of the Principal Act is amended, as Amendment follows :_ of s. 41A. (a) The following words are added to the first paragraph:- . " or concerning the price or prices to be charged by an Electric Authority and to be paid to it for all electricity supplied to public lamps under any contract or agreement * 60 Vic. No. 24 and 24 Geo. V. No. 32, supra, pages 702 and 14588. ~ - - - - - - - - --

14972 Public lamps. ELECTRIC LIGHT. Electric Light and Power Acts Amendment Act. 25 GEO. V. No. 20, proposed to be made after the first day of October, one thousand nine hundred and thirty-four, and the mode in which such price or prices or charges shall be ascertained." (b) After the second paragraph the following provision is inserted, namely:- "For the purposes of any such investigation and report into the prices or methods of charge stated in the said Schedule of the Order concerned or so approved by the Minister as aforesaid such person or persons shall be guided by the directions set forth in the Schedule to this Act or any amendment of such Schedule in force for the time being. When more than one person is appointed for such purposes the persons so appointed may be termed a Board of Inquiry for such purposes; and such Board shall under the designation of "The Electricity Board," carry out such duties additional to those referred to in the first paragraph of this section as may be required by the Minister or may be prescribed by the Governor in Council from time to time, and it shall be the duty of each Electric Authority, Local Authority, and of all persons to assist the Board in carrying out its duties." (c) After the fourth paragraph the following paragraphs are inserted, namely:- " For the purposes of such appeal such Court shall be guided by the directions set forth in the Schedule to this Act or any amendment of such Schedule in force for the time being. Notice of appeal to the Industrial Court must be lodged with the Registrar of the Court within twenty-one days after the making of the Order of the Governor in Council concerned, and being the subject of such appeal." (d) After subsection one of the said section 41A, the following subsection lA is inserted, namely :.- "(lA.) Notwithstanding anything to the contrary in this Act or in any other Act or in any Order, whether issued to an Electric Authority before, on, or after the commencement of *" The Electric Light and Power Acts Amendment Act of 1934," the Electric Authority, in accordance with any report or reports furnished to the Minister by the person or persons or Board of Inquiry aforesaid, shall (when notified by the Minister) as from a date which shall be recommended in such report or * This Act.

ELECTRIC LIGHT. 14973 1934. Electric Light and Power Acts Amendment Act. reports and in accordance with the mode recommended therein charge and shall be entitled to be paid for all electricity supplied by it to public lamps the price or prices or charges recommended in such report or reports, or if such Electric Authority so chooses any lower price or prices or charges." 3. The following new section (4lB) is inserted after New s. 41B. section 4lA of the Principal Act, as follows ; - "[41B.] The Schedule to this Act shall form part Amendment of this Act and may from time to time be amended or of Scllfldule. added to or a new Schedule in lieu thereof substituted by the Governor in CouncH by Order in Council published in the Gazette; any Schedule so amended or added to or any such new Schedule shall thereupon be the Schedule to this Act and form part thereof. Every such Order in Council as aforesaid shall be laid before the Legislative Assembly within fourteen sitting days after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. If the Legislative Assembly passes a resolution disallowing any such Order in Council, of which resolution notice has been given at any time within fourteen sitting days after such Order has been laid before it, such Order shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime." 4. Section forty-two of the Principal Act is amended Amendment by adding thereto the following subsection (lA), of s. 42. namely;- "(lA.) Every Electric Authority shall in any bill Previous of account for electricity sent by it to a consumer indicate : : ~% g; therein the previous meter reading and the present present me t er readm"g". mreaedteinr g. 5. Section forty-eight of the Principal Act is Amendment amended, as follows ;- of s. 48. (a) The word" electricity" is substituted for the word " energy." (b) The paragraph beginning with the words "Such Regulations" and ending with the word " inspector" is repealed, and the following paragraph is inserted in lieu thereof ;- "Such Regulations may also from time to time prescribe the fees and/or expenses which shall be payable

14974 ELECTRIC LIGHT. Electric Light and Power Acts Amendment Act. 25 GEO. V. No. 20, whether by an Electric Authority, a Local Authority, a consumer or otherwise for or in respect of the services of-( a) An inspector, or of (b) a person or persons, or Board appointed to make investigation and report (or required to carry out additional duties) for the purposes of section 41A of this Act." Operation of Act. 6. The amendments made to the Principal Act by this Act shall be deemed to have been made therein on the date of the commencement of *" The Electric Light and Power Act Amendment Act of 1933"; and moreover the persons appointed by the Governor in Council on the twenty-seventh day of August, one thousand nine hundred and thirty-four (notification of which appeared in the Gazette of such date), and to whom was referred by the Minister the investigation and report upon the matters set forth in the first paragraph of section 41A of the Principal Act as inserted by such lastmentioned Act (as amended by this Act) shall be and constitute the Board of Inquiry referred to in the said section 41A (as amended by this Act); and such Board of Inquiry shall be and be deemed to have been referred to by the Minister and to have been lawfully authorised and fully empowered under the said section 41A (as amended by this Act), prior to the commencement of this Act, to make such investigation and report in respect of all Orders in Council or of each such Order issued to Electric Authorities under the Principal Act (including, subject to the said section 41A as amended by this Act investigation and report upon any matter concerning the price or prices to be charged by any Electric Authority and to be paid to it for all electricity supplied to public lamps, and the mode in which such price or pricefl. or charges shall be ascertained), and shall be and be deemed to be lawfully authorised to continue to make such investigation and report after the commencement of this Act, and all or any of such investigations and reports are ~ nd shall be valid and effectual for the objects and purposes of the Principal Act as amended by this Act; and the provisions of this Act shall have full retrospective operation and effect accordingly. * 24 Geo. V. No. 32, supra, page 14588.

ELECTRIC LIGHT. 1934. Electric Light and Power Acts Amendment Act. SCHEDULE. DmEcTIONs FOR GUIDANCE OF-(A) THE PERSON OR PERSONS OR BOARD OF INQUmy APPOINTED TO MAKE INVESTIGATION AND REPORT FOR THE PURPOSES OF SECTION 41A, OR OF (B) THE INDUSTRIAL COURT ON APPEAL. 1. The cost of production and/or distribution of electricity in any period shall, subject to clauses four and six of this Schedule, be ascertained in accordance with following formula:- Particulars for Ascertaining the Cost of Production and/or Distribution of Electricity. Item. COST. Analysis. Total. £ (1.) Generation- (a) Salaries and wages not elsewhere included in this paragraph (1) (b) Fuel (c) Oil, &c., and engine-room stores (d) Engine-room light and power (e) Repairs and maintenance- (i.) Buildings (ii.) Machinery and plant (f) Other charges directly connected with I the generation of electricity not i detailed above £ I s. d. £ s. d. ~ -- -- - - - - - - ' - - - - - - - - - -- - -~ I-- - - - I (2.) Purchase of Electricity in Bulk £ 14975 (3.) Distribution- (a) Salaries and wages not elsewhere included in this paragraph (3) (b) Repairs and maintenance (when the cost of such work is not charged directly to consumers)- (i.) Buildings (ii.) House services (iii.) Transmission lines (iv.) Cables and mains (v.) Meters and indicators (vi.) Poles (vii.) Transformers and switchgear (viii.) Public lamps (ix.) Motor vehicles (x.) Installation inspections (xi.) Transport charges (xii.) Other charges directly connected with the distribution of electricity not detailed above £

14976 ELECTRIC LIGHT. Electric L~ght and Power Acts Am,endment Act. 25 GEO. V. No. 20, Item. COST. Analysis. Total. [---------------- (4.) Management Expenses-- £ s. d. £ s. d. (a) Audit fees (b) Directors'remuneration (c) Salaries and wages (d) Stationery and printing (e) Rent actually paid (f) Legal expenses (g) Insurance (h) Bad debts (i) Rates and taxes excluding Income! Tax (Federal and State) and Income I (Unemployment Relief) Tax i (j) (1) General expenses and (2)other expen- ses in connection with the management of an Electric Authority connected directly with the generation and/or distribution of electricity as allowed by the person or persons, or Board of Inquiry appointed to make investiga- tion and report for the purposes of section 4lA of "The Electric Light [ and Power Acts, 1896 to 1934" (or i any Act in amendment thereof), or i the Industrial Court on appeal, but I not including allowance for any, reserves or reserve funds what-I soever £ I ~ ~ ~ ~ ~~ ~ ~~~ ~-- -I- --- --- (5.) M iscellaneous- I (a) Depreciation (as allowed by the person or persons or Board of Inquiry aforesaid or the Industrial Court on appeal but not exceeding the actual amount written off in respect of property held, required, and used by the Electric Authority solely in its business of generation and/or distribution of electricity- (i.) Generating plant (ii.) Transmission and distribution cables, mains, poles (iii.) Transformers

1934. ELECTRIC LIGHT. Electric Light and P010er Acts Amendment Act. 14977 Item. COST. I Analysis. Total. £ s. d. 5.) Miscellaneous-continued: (iv.) Substation plant (v.) Switchgear (vi.) Public lamps and fittings (vii.) House services (viii.) Buildings (ix.) Motor vehicles (x.) Other depreciation charges directly connected with the generation and distribution of electricity and management of the electric under- takIng I I (b) Any other charges directly connected with the generation and/or distribu- tion of electricity as allowed by the person or persons, or Board of Inquiry aforesaid, or the Industrial Court on appeal, which are not else- where provided for in this formula, but not including allowance for any reserves or reserve funds what- soever £ £ s. d. 6.) Resert'e Fund as provided for by clause six of this Schedule, or, in the case of a Local Authority, such additional amount as shall enable such Local Authority to comply with section 289 of" The Local Authorities Act8, 1902 to 1932" (or any Act in amendment thereof) £ TOTAL COST OF PRODUCTION AND/OR DISTRIBUTION £

14978 ELECTRIC LIGHT. Electric Light and Power Acts Amendment Act. 25 GEO. V. No. 20, 2. The actual amount of moriey invested in the electric under- taking of the Electric Authority concerned shall, subject to clause five of this Schedule, be ascertained in accordance with the following formula ;- Particulars for Ascertaining the Actual Amount of Money Invested in the Electric Undertaking. Items. £ 8. d. Assets held, required, and used by such Authority solely in its business of generating and/or distributing electricity, namely- (1) Land (2) Buildings (3) Furniture and office requisites (4) Electric meters (5) Machinery (engines, &c.) (6) Plant other than machinery (7)- (a) Cables and mains, &c., for public lamps (b) Other cables and mains, and poles, transformers, switchgear, &c. (8) Motor vehicles and other vehicles (9) Any other equipment (10) Fuel, being the average held during the last preceding three years (ll)Material and stocks TOTAL £ ---- Provided that the amount of money invested by the Electric Authority in its electric undertaking, being part or all of unforfeited amounts lodged as deposits by consumers with such Authority for the purpose of security prescribed under " The Electric Light and Power Acts, 1896 to 1934" (or any amendment thereof), or any regulations thereunder, or under any Order in Council issued to such Authority, or under the by-laws and rules of such Authority, or being the cost of any assets (specified in this clause two) for which consumers have paid such Authority amounts charged by it to such consumers specifically in respect of the said assets, and which amounts have not been refunded to such consumers by such Authority, may not be taken into account in ascertaining the actual amount of money invested in the undertaking. 3. The surplus or deficit warranting an alteration being made for the purposes of the said section 41A in the prices or methods of charge of the Electric Authority shall be according to the difference between the amounts of- (a) The total revenue received by such Electric Authority for sale of electricity and hire of electrical appliances and motors during the period of twelve months ending on the

ELECTRIC LIGHT. 1934. Electric Light and Power Acts Amendment Act. thirty-first day of December or the thirtieth day of June (whichever date is later) preceding the termination of the investigation made in pursuance of the said section 41A into the prices or methods of charge of such Electric Authority by the person, persons, or Board of Inquiry appointed for the purposes of the said section 41A; and (b) The sum of- (i.) Cost of production and/or distribution during the period of twelve months ended on the said later date as ascertained in accordance with the formula set out in clause one of this Schedule; and (ii.) A sum not exceeding seven per centum of the amount of the actual money invested in the undertaking at the said later date as ascertained in accordance with the formula set out in clause two of this Schedule. 4. In ascertaining the price or prices chargeable by an Electric Authority for electricity or the methods of charge of such Authority consideration shall be given to what is necessary for the efficient and economical management of its electric undertaking. Without limiting the powers and discretions of the Governor in Council, of the Minister, of the Industrial Court on appeal, or of the person, persons, or Board of Inquiry appointed for the purposes of the first paragraph of section 41A of the Act, any payments to directors, officers, agents, or other persons, or by way of commission, rent, or other charge, or any other disbursements or charge which are found to be unnecessary or excessive shall be disallowed or reduced to such amount as is deemed proper. 5. In ascertaining the actual amount of money invested in the electric undertaking, no allowance whatever shall be made for assets other than those specified in clause two of this Schedule, or for goodwill or items not required in the business of the production and/or distribution of electricity. The actual cost of the several items specified in clause two of this Schedule shall be as nearly as possible ascertained, and from such cost due allowance for depreciation (if any) shall be deducted, and the sum remaining shall represent the actual amount of money invested in the electric undertaking: provided instead that when an electric undertaking includes in the liabilities column of its balance-sheet a reserve for "Replacements, Renewals, and Contingencies" the total amount of such reserve may be deducted from such actual cost and the sum remaining shall represent the actual amount of money invested in such undertaking. In ascertaining the amount of depreciation (if any) consideration shall be given to each item as forming part of a continuous concern for the production and/or distribution of electricity. 6. Any person, persons, or firm, or the directors of a company carrying on the business of an Electric Authority, may if he or they think fit, in any year appropriate out of the revenue of the Electric Authority as part of the expenditure on revenue account any sum not exceeding an amount equal to one per centum of the paid-up capital of the Electric Authority inclusive of premiums to a Fund to be called the "Reserve Fund," and which shall be the Reserve Fund for all purposes other than purposes for which allowance is made G 14979

14980 ELECTRIC LIGHT. Electric Light and Power Acts, Etc., Act. 25 GEO. V. No. 20, 1934. under subparagraph (a) of paragraph (5) of clause one of this Schedule: provided that no such appropriation shall be made (or be allowed as part of the cost of production and/or distribution as ascertained under the said clause one) to an extent which shall cause the amount standing to the credit of such Reserve Fund to exceed an amount equal to one-tenth part of the paid-up capital of the Electric Authority inclusive of premiums: Provided further, that (with the exception of such reasonable amounts for any reserves for taxation, bad debts, provident fund, depreciation, renewals, or replacements shown in the books and accounts of the Electric Authority as may, subject to clause one of this Schedule, be approved for the purposes only of this paragraph by the person, persons, or Board of Inquiry appointed in pursuance of section 41A, or the Industrial Court on appeal) any reserve, reserves, or reserve funds of the Electric Authority as at the first day of October, one thousand nine hundred and thirty-four, shall at such date form or be consolidated to comprise the "Reserve Fund" referred to in the first paragraph of this clause: Provided further that, subject to the first proviso of this clause, if the amount of such Reserve Fund at such date is in excess of an amount equal to one-tenth part of the paid-up capital of the Electric Authority inclusive of premiums, nothing in this clause shall be deemed to prohibit such excess. Such Fund shall at the discretion of such authority be applicable for meeting contingencies or for equalising dividends, or for any other purpose to which the profits of the Electric Authority may be properly applied and, pending such application, may be employed in the bmiiness of the Electric Authority. EUNGELLA STATE FOREST. See FORESTRY. EXPERIMENT STATIONS, SUGAR. See SUGAR (1). FINANCIAL AGREEMENT AMENDMENT. See COMMONWEALTH AND STATES. FINANCIAL EMERGENCY ACTS. See LABOUR (2). FINANCIAL EMERGENCY RELIEF EXTENSION. See LANDLORD AND TENANT.