Electricity Act 1976 (Qld)

593 t Q=,e1tSI xt ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 66 of 1976 An Act to consolidate and amend the law relating to the organization and regulation of the generation, transmission , distribution , supply and use of electricity in Queensland and to matters of safety with respect thereto ; to amend the Public ServiceAct 1922-1973 in certain particulars and the Cityof BrisbaneAct 1924-1974 in a certain particular; and for connected purposes [ASSENTED To 29TH NOVEMBER, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART 1-PRELIMINARY 1. Short title . This Act may be cited as the Electricity Act 1976. 2. Commencement . (1) Save where the contrary intention appears with respect to particular provisions, this Act shall commence on a day to be fixed by Proclamation and a reference in this Act to the commencement of this Act or to the day of commencement of this Act is a reference to the day so fixed.

594 Electricity Act 1976, No. 66 (2) Notwithstanding subsection (1), different days may be fixed by Proclamation as days upon which different provisions of this Act shall respectively commence and, in that event, any such provision shall commence on the day fixed by Proclamation in relation to it and a reference in this Act to the commencement of this Act or to the day of commencement of this Act is a reference to the day so fixed in relation to the provision in question. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-THE STATE ELECTRICITY COMMISSION OF QUEENSLAND; Division I-Constitution of Commission; Division II-Electricity Trust Fund; Division 111-Powers, Functions and Duties of the Commission; Division IV-Borrowing by the Commission and Electricity Authorities; Division V-Provision of Mare vs by Commission for Capital Expenditure and Reimbursement of Commission's Costs in respect thereof; Division VI-The State Electricity Commission of Queensland Debt Redemption Committee; Division VII-Queensland Electricity Supply Industry Consultative Council; Division VIII-Rationing of Electricity in Emergency and Restriction of Use of Consuming Devices; Division IX-Determination of Prices. for Electricity; PART III-ELECTRICITY AUTHORITIES; Division I-Constitution of The Queensland Electricity Generating Board; Division 11-Constitution of Electricity Boards; Division III-Transfer of Part of Undertaking of an Electricity Authority to Another Electricity Authority; Division IV-Licences to Supply Electricity; Division V-Provisions Relating to the Supply of Electricity in Queensland by Certain New South Wales Local Authorities; PART IV-SUPPLY OF ELECTRICITY BY ELECTRICITY AUTHORITIES; Division I-General Conditions Governing the Supply of Electricity; Division II-Conditions Governing the Supply or Additional Supply of Electricity to Consumers; Division Ill-Conditions Governing Consumers' Electrical Installat ions; Division I V-Metering, Charges for Electricity, etc.; PART V-RIGHTS AND POWERS OF ELECTRICITY AUTHORITIES WITH RESPECT TO LAND AND TO WORKS OF OTHER AUTHORITIES; Division I-Land; Division II-Execution oJ' Works;

Electricity Act 1976, No. 66 595 PART VI-BUDGETS AND ACCOUNTS OF ELECTRICITY AUTHORITIES; Division I-Funds and Bank Accounts; Division II-Accounts; Division III-Investments; Division IV-Budgets; Division V-Provisions and 7Zeserve Funds; PART VII--CONTRACTS BY AND AUTHORITY FOR WORKS OF ELECTRICITY AUTHORITIES; Division I-Contracts by Electricity Authorities; .Division II-Authority for Works of Electricity Authorities; PART VIII-SAFETY AND STANDARDS OF CONSTRUCTION WITH RESPECT TO WORKS OF ELECTRICITY AUTHORITIES; Division 1-Safety; Division II-Accidents on Works of an Electricity Authority; Division III-Standards of Construction of Works of an Electricity Authority; PART IX-APPROVAL, SALE AND USE OF ELECTRICAL ARTICLES; Division 1=-Prescribed Electrical Articles; Division IT-Non-prescribed Electrical Articles; Division III-Electrical Approvals Examining Committee, Reciprocity within Australia, and Prohibition of Sale or Hire of Certain Electrical Articles; Division IV-Second-hand Electrical Articles; PART X-FURTHER PROVISIONS RELATING TO GENERATION OR USE OF ELECTRICITY; Division I-Cathodic Protection; Division II-Provisions Applicable to Electric Lines not otherwise Subject to Act; Division III-Private Plants, etc.; PART XI-ELECTRICAL WORKERS AND CONTRACTORS; Division I-The Electrical Workers and Contractors Board; Division i1-Electrical Workers; Division III-Electrical Contractors; Division I V-Appeals; PART X111 'EMPLOYMENT IN ELECTRICITY SUPPLY INDUSTRY; PART XIII-SUPERANNUATION PROVISIONS; PART XIV-OFFENCES AND PROCEEDINGS, Division 1-Offences Relating to Works, Use of Electricity and Other Matters; Division 11-Offences with respect to Provisions of'this Act; Division Ill-Proceedings Generally; Division IV-Evidentiary iilatters; PART XV-MISCELLANEOUS PROVISIONS; PART XVI-REGULATIONS, UNIFORM PRACTICE MANUALS AND RULES; Division 1-Making of Regulations, Unifarnt Practice Manuals and Rules; Division II-Publication of'Instr unents; SC HEDULES.

596 Electricity Act 1976, No. 66 4. Repeals and amendments . (1) The Acts specified in Part A of the First Schedule are repealed as and to the extent indicated therein. (2) Without limiting the generality of subsection (I)- (a) The Southern Electric Authority of Queensland established, constituted and incorporated under The Southern Electric Authority of Queensland Acts, 1952 to 1964, The Northern Electric Authority of Queensland established, constituted and incorporated under The Northern Electric Authority of Queensland Acts, 1963 to 1964 and every Regional Board constituted under The Regional Electric Authorities Acts, 1945 to 1964 shalt be dissolved on the commencement of this Act and the members of those Authorities and of every such Board shall thereupon immediately go out of office as such members; (b) every Electric Authority within the meaning of clause I of the Second Schedule not specified in paragraph (a) of this subsection shall cease to be an Electric Authority on the commencement of this Act; (c) the Agreement between the State of Queensland and The Southern Electric Authority of Queensland, a copy of which is set out in the Second Schedule to The Southern Electric Authority of Queensland Acts, 1952 to 1964, as altered or varied from time to time in accordance with section 8 of the said Acts shall be cancelled and determined on the commencement of this Act; (d) the Agreement between The Southern Electric Authority of Queensland and the Commission, a copy of which is set out in the Schedule to the GladstonePower StationOperationAgreement Act1975, as varied from time to time in accordance with section 5 of the said Act shall be cancelled and determined on the commencement of this Act. (3) (a) The Public Service Act 1922-1973 is amended as and to the extent indicated in Part B of the First Schedule. (b) That Act as so amended may be cited as the Public Service Act1922-1976. (4) (a) The City of Brisbane Act 1924-1974 is amended as and to the extent indicated in Part C of the First Schedule. (b) That Act as so amended may be cited as the City ofBrisbaneAct1924-1976. 5. Savings , transitional and validation . (1) (a) Every- (i) certificate of competency (including a restricted certificate); (ii) permit; (iii) electrical contractor's licence granted under the Electrical Workers and Contractors Act 1962-1974 and in force at the commencement of this Act shall, subject as hereinafter in this subsection provided, continue in force for the purposes of this Act until it expires by efuxion of time or is cancelled, suspended, surrendered or otherwise dealt with under this Act. (b) Where any such certificate, permit or licence is suspended at the commencement of this Act, it shall not be in force under this subsection until the expiration of the period for which it was suspended,

Electricity Act 1976, No. 66 597 and then only if it has not expired during the period of its suspension, and it shall only continue in force thereafter for the remainder of the period during which it would have been in force if it had not been so suspended. (c) Every such certificate, permit or licence shall be read and construed subject to this Act. (2) (a) Unless the Minister determines otherwise (he being hereby thereunto authorized), every licence issued by the Minister pursuant to section 4A of the Electric Light and Power Act 1896-1972 and in force at the commencement of this Act shall, subject to paragraph (b), continue in force for the purposes of this Act until it expires by effluxion of time or is revoked or otherwise dealt with under this Act. (b) Every such licence shall be read and construed subject to this Act. (c) Any determination by the Minister pursuant to paragraph (a) shall be made by him and notified to the licensee in writing prior to the commencement of this Act. (3) Every interconnexion agreement made between an Electric Authority as defined in clause I of the Second Schedule and the owner of a private generating plant prior to the commencement of this Act and in operation or purporting to be in operation at the commencement of this Act providing for the interconnexion of the Electric Authority's system and the installation supplied from the private generating plant is hereby declared and deemed to be and always to have been a valid and effective agreement made according to law and, subject to clauses 3 and 5 of the Second Schedule, shall continue in force after such commencement until it is terminated by effiuxion of time or otherwise as though it were an agreement made pursuant to section 171. (4) (a) Every certificate of approval issued pursuant to the provisions of The Electrical Approvals Regulations, 1962 and in force at the commencement of this Act shall continue in force in respect of the purpose for which, and subject to such terms, provisions and conditions, if any, upon which, such approval was granted as. if it were a certificate given under section 265. (b) Every such certificate shall be read and construed subject to this Act. (5) (a) The Southern Electric Authority of Queensland (hereinafter in this subsection referred to as " the Authority "), before the commencement of this Act, shall assign and transfer to- (i) The South East Queensland Electricity Board, effective on and from such commencement, that part of its undertaking and assets situated within the area of the Tweed Shire Council in the State of New South Wales, (ii) The South West Queensland Electricity Board, effective on and from such commencement, that part of its undertaking and assets situated within the area of the Council of the Shire of Tenterfield in the State of New South Wales, and do all such things and execute all such documents as are required to perfect and complete such assignment and transfer. (b) If the .Authority before the commencement of this Act shall have assigned and transferred the part of the undertaking and assets as aforesaid in each case, the Governor in Council and such person

598 Electricity Act 1976, No. 66 or persons as may be appointed for the purpose by the Governor in Council by Order in Council may thereafter do all such things and execute all such documents as are required to perfect and complete such assignment and transfer. (c) If the Authority not later than one month prior to the commencement of this Act shall not have assigned and transferred the part of the undertaking and assets as aforesaid in either case and the Governor in Council has reason to believe that it will not assign and transfer the part of the undertaking and assets before such commencement, he may by Order in Council appoint a person to do all such things and execute all such documents as are necessary to assign and transfer the part of the undertaking and assets in question, such assignment and transfer to be effective on and from such commencement, and the Governor in Council and such person may thereafter do all such things and execute all such documents as are required to perfect and complete such assignment and transfer. (d) The. Governor in Council or other person who does any thing or executes any document or otherwise exercises any power or authority under paragraph (b) or (c) shall be deemed and taken for all purposes to be the duly constituted attorney of the Authority in so doing. (e) The agreement dated 6 September 1938 between the Authority, being the successor in law of the City Electric Light Company Limited. and the Tweed Shire Council and the agreement dated 15 July 1958 between the Authority and the Tweed Shire Council shall continue in force after the commencement of this Act subject to the provisions contained therein, and for the purposes of such agreements and with respect to all rights, interests, powers, duties, obligations and liabilities existing or arising out of or in connexion with the supply of electricity by the Authority to persons within the area of the Shire prior to such commencement, The South East Queensland Electricity Board shall be deemed to be the successor in law of the Authority. (f) Any agreement made between the Authority and the Council of the Shire of Tenterfield relating to the supply of electricity by the Authority within that Shire and in force immediately prior to the commencement of this Act shall continue in force after such commencement subject to the provisions contained therein, and for the. purpose of any such agreement and with respect to all rights, interests, powers, duties, obligations and liabilities existing or arising out of or in connexion with the supply of electricity by the Authority to persons within the area of the Shire prior to such commencement, The South West Queensland Electricity Board shall be deemed to be the successor in law of the Authority. (g) The following provisions shall apply to such part of the undertaking of The South East Queensland Electricity Board or The South West Queensland Electricity Board, as the case may be, as is for the time being outside Queensland and used for or concerned with the supply of electricity within the area of the Tweed Shire Council or the Council of the Shire of Tenterteld, as the case may be, pursuant to an agreement referred to in paragraph (e) or (f), subject always to the laws of the place where the undertaking or part thereof is situated and to the provisions of the particular agreement:- (i) the Board shall observe and obey all of the provisions of the laws of the place as aforesaid and shall observe, obey and carry out all of the provisions of the agreement;

Electricity Act 1976, No. 66 599 (ii) the Board shall not without the consent of the Governor in Council agree to any alteration in the provisions of the agreement or enter into any new agreement or obtain the right to extend its undertaking to any new area of supply or supply electricity in any other area of supply; (iii) the Board shall use its best endeavours to ensure that the net return received by it upon the capital invested in the part of the undertaking used for or concerned with the supply of electricity within the area of the Tweed Shire Council or Council of the Shire of Tenterfield concerned pursuant to the agreement in question bears the same proportion to such capital invested as the net return obtained by it upon the capital invested in its undertaking within Queensland bears to such capital invested within Queensland; (iv) the Board if directed to do so by the Governor in Council shall use its best endeavours to cause the terms of the agreement to be varied to conform to the terms under which the Board supplies electricity within Queensland; (v) the consent of the Governor in Council or the Commission is not required to the doing of any act, the giving of any notice, the signing of any document or writing, the acquisition or sale of any property or the expenditure of any money that the Board is required to do, sign or expend under the provisions of the agreement; (vi) save as aforesaid, the provisions of this Act shall apply to such part of the undertaking of the Board as is for the time being outside Queensland to the same extent as if the same were within Queensland and within the Board's Area and formed part of the undertaking of the Board within Queensland. (h) If' any part of the undertaking and assets of the Authority assigned and transferred to The South East Queensland Electricity Board or, as the case may be, The South West Queensland Electricity Board pursuant to this subsection is a part that, if it were in Queensland, would vest pursuant to clause 3 of the Second Schedule in the Generating Board as part of its main generating undertaking, the Generating Board and the Electricity Board concerned shall, as soon as practicable after their constitution, agree upon terms and conditions of the operation and maintenance of such part of the undertaking and assets and of and with respect to payments for electricity supplied through such part. (i) The provisions of clause 6 of the Second Schedule with respect to any disagreement or dispute occurring between the Generating Board and an Electricity Board in the circumstances therein set out apply with all necessary adaptations in the case of a disagreement or dispute occurring between the Generating Board and an Electricity Board in connexion with any matter referred to in or arising out of the provisions of paragraph (h). (6) Notwithstanding any other provision of this Act and notwithstanding the repeal of the Electric Light and Power Act 1896-1972, any right, power, function, obligation or procedure with respect to or in connexion with an electric line or other works in existence at the commencement of this Act, relating to or affecting a raiiway (as defined by the Railways Act 1914-1972) vested in the Commissioner for Railways, that is exercisable or required to be performed or complied with by the Brisbane City Council or the Commissioner for Railways immediately

600 Electricity Act 1976, No. 66 prior to such commencement pursuant to an Order in Council under the Electric Light and Potter Act 1896-1972 authorizing the Brisbane City Council to supply electricity within the area specified therein may be exercised or, as the case requires, shall be performed or complied with after such commencement by The South East Queensland Electricity Board or the Commissioner for Railways, as the case may be, with respect to or in connexion with such electric line or other works in accordance with the terms, conditions and procedures set forth in the Order in Council in question as though the Order in Council were still in force and authorized The South East Queensland Electricity Board in lieu of the Brisbane City Council to supply electricity within the area specified therein. (7) The transitional provisions and the vesting provisions set out in the Second Schedule shall have effect as therein provided. (8) The validation provisions set out in the Third Schedule shall have effect in relation to the borrowings and guarantees referred to therein. (9) The provisions of the Fourth Schedule with respect to rights of employees referred to therein shall have effect as therein provided. (10) The provisions of the Fifth Schedule with respect to superannuation and provident funds referred to therein and contributors thereto shall have effect as therein provided. (11) If in any case in respect of the transition- (a) from the law in force before the commencement of this Act to the provisions of this Act; or (b) from the law in force before the passing of this Act to the provisions of this Act where a provision of this Act is applicable at any time after the passing of this Act, it appears to the Governor in Council that no provision or no sufficient provision is made to effectuate such transition, he may by Order in Council make such provision as he thinks fit with respect thereto providing for and supplying such omission or insufficiency, and such provision shall have effect accordingly. (12) Any reference in any Act, Proclamation, Order in Council, regulation, rule, by-law, ordinance, licence, approval, authority, permit, direction, determination, order, prohibition or other act of executive or administrative authority, or in any agreement, contract, deed or other document, instrument or writing whatsoever before the commencement of this Act to The State Electricity Commission of Queensland or to an Electric Authority shall, on and from such commencement, be read and construed as referring respectively to the Commission as preserved, continued in existence and constituted pursuant to section 9 or to an Electricity Authority, as the case may be, and shall operate and have effect accordingly. (13) Nothing in this section limits the operation and effect of the Acts Interpretation Act1954-1971. 6. Interpretation . In this Act, unless the contrary intention appears- "Area " means a part of the State constituted under this Act as an Area of electricity supply;

Electricity Act 1976, No. 66 601 cathodic protection system " means a system whereby a structure in contact with ground or water is protected from corrosion on the contacting surfaces by a direct current flowing between the structure and the anode via the ground or water, such system including electrical connexions (sometimes called drainage bonds, boosted drainage bonds, booster bonds, cross bonds or electrical drains) between similar or dissimilar structures to carry direct current for the prevention of electrolytic corrosion; certificate of competency " means a certificate of competency, including a restricted certificate of competency. issued under Part XI and in force at the material time; " the Commission " means The State Electricity Commission of Queensland; " the Commissioner " means the State Electricity Commissioner or, in respect of the period between the passing of this Act and the day of its commencement, the Commissioner for Electricity Supply. The term includes any person who for the time being occupies the office or performs the duties of the Commissioner; . construct " includes erect, lay down and place; " consumer " means a person who receives or is entitled to receive pursuant to this Act a supply of electricity from an Electricity Authority or from the holder of a licence under this Act to supply electricity; " consumer's generating plant for emergency supply " means a private plant installed on a consumer's premises as part of his electrical installation to provide a supply of electricity to such electrical installation at any time when his supply of electricity by an Electricity Authority or the holder of a licence under this Act to supply electricity is interrupted; consumer's terminals " means the point at which a consumer's electrical installation is connected to service lines: Deputy Commissioner " means a Deputy State Electricity Commissioner or, in respect of the period between the passing of this Act and the day of its commencement, a Deputy Commissioner for Electricity Supply. The term includes any person who for the time being occupies the office or performs the duties of a Deputy Commissioner; "document" includes summons, notice, order and other legal process, minute and register; electric line " means any wire or wires, conductor or other means used for the purpose of conveying, transmitting, transforming or distributing electricity, together with any casing, coating, covering, tube, pipe, pillar, pole or tower, post, frame, bracket or insulator enclosing, surrounding or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of conveying, transmitting, transforming or distributing electricity; " electrical article " includes a wire, cable, appliance, fitting, meter, insulator, apparatus, material or article intended or designed for use in connexion with the transmission of electricity, or operated by electricity; 20

602 Electricity Act 1976, No. 66 " electrical contracting " means contracting or undertaking to carry out any electrical installation work: " electrical contractor " means an electrical contractor licensed under Part XI; " electrical fitter " means any person who supervises or performs any of the actual electrical trade work, whether in a workshop or on site, of constructing, manufacturing, fitting, assembling, erecting, operating or repairing electrical articles; " electrical installation " means any electric line or electrical article placed in, on or over any premises and used or intended to be used for or for purposes incidental to the conveyance. control or use of electricity supplied or intended to be supplied by an Electricity Authority or the holder of a licence under this Act to supply electricity or an owner or occupier of a private plant, and whether or not supplied by the person contracting or undertaking to install the same. The term includes additions and alterations to an electrical installation, but does not include- (a) an electric line of any Electricity Authority or the holder of a licence under this Act to supply electricity: (b) works of any Electricity Authority or the holder of a licence under this Act to supply electricity that are used for the generation, transmission and distribution of electricity; " electrical installation work " means the actual physical work of installing, altering or adding to any electrical installation and the supervision of such work; " electrical jointer " means a person who supervises or performs the actual electrical work of installing, jointing and terminating such covered cables as require specialized knowledge and skill; " electrical linesman " means a person who supervises or performs the actual electrical work of constructing or maintaining overhead electric lines where specialized knowledge and experience are required: " electrical mechanic " means a person who supervises or performs the actual electrical trade work of installing, altering or adding to any electric line or electrical installation and of maintaining, repairing or connecting any electrical article; " electrical work "• means any work done in connexion with the installation or repair of an electric line or electrical article for the generation, transmission, supply or utilization of electric energy but does not include work done in-- (a) manufacturing, or assembling at the place of manufacture, electrical articles; (b) constructing for and on behalf of an Electricity Authority and under its supervision a new overhead line on steel towers, not being towers supporting any other overhead line that is in service or has previously been in service; " electrical worker " means any person who, pursuant to this Act, performs any such electrical work in whole or in part as is specified in any of the definitions electrical fitter, electrical jointer, electrical linesman and electrical mechanic; " -_ e_ lelciktreicaigtyen" cyin; cludes electric current, electrical energy, or any

Electricity Act 1976, No. 66 603 " Electricity Authority " means The Queensland Electricity Generating Board, any Electricity Board, and any other authority, person or body determined by this Act to be an Electricity Authority; " Electricity Board " means an Electricity Board constituted under this Act in respect of an Area; " the Fund " means The Electricity Trust Fund; " the Generating Board " means The Queensland Electricity Generating Board; " improver " means an electrical worker who, by direction of the Apprenticeship Executive constituted under the Apprenticeship Act 1964-1974, is serving, on a special wage, a period of training with an employer for the purpose of becoming a qualified electrical worker; " the Industrial Gazette " means the Queensland Government Industrial Gazette published under The Queensland Government Industrial Gazette Act of 1961; " industrial inspector " means an industrial inspector appointed under the Industrial Conciliation and Arbitration Act 1961-1976; " installation inspector " means an electrical mechanic employed by an Electricity Authority and authorized by the Commission to act as an installation inspector; " live line work " means electrical work on exposed live high voltage conductors or exposed live parts of electrical articles that may be performed only by suitably trained personnel authorized by the Commission under Part VIII; "Local Authority" includes Brisbane City Council and a Joint Local Authority; " meter " includes every kind of machine used for measuring electricity and ancillary metering equipment; the Minister " means the Minister for Mines and Energy or other Minister of the Crown for the time being charged with the administration of this Act. The term includes any Minister of the Crown who is temporarily performing the duties of the Minister; " person " includes any body or association of persons corporate or unincorporate; premises " means any building, structure, land and adjuncts thereto that are rented, leased, owned or lawfully occupied by the person or persons concerned; private plant" means any generating plant other than a generating plant used by- (a) an Electricity Authority in the exercise of its powers, functions and duties; (b) the holder of a licence under this Act to supply electricity for the purpose of supplying electricity pursuant to such licence; public body " means the Crown, the Governor in Council, a Minister of the Crown, a Local Authority and any board, body, authority or corporation constituted or incorporated by or under any statute and authorized by statute to carry on a public undertaking;

604 Electricity Act 1976, No. 66 restricted certificate " or " restricted certificate of competency '° means a restricted certificate of competency issued under Part XI and in force at the material time; road " means any road, street, square, court, alley, highway, thoroughfare, lane, footpath, public passage or place that the public are entitled to use, and any wharf, jetty, bridge, park or reserve that is under the control of a public body; service lines " means an electric line, including a connexion to the service fuse, servicing a consumer's premises from the point of supply on the Electricity Authority's undertaking to the consumer's terminals; " substation " means works of an Electricity Authority used for the conversion, transformation or control of high voltage electricity; " undertaking " means the works, lands, property and operations of and incidental to the carrying out of the business of. any Electricity Authority or, as the case requires, any Electric Authority as defined in the Second Schedule; voltage " means the difference in electrical potential measured in volts. In the case of alternating current systems the voltage is deemed to be the root mean square (R.M.S.) value of such difference. Unless otherwise provided, the voltage specified is the nominal voltage between phases of a symmetrical three phase system. In the case of electricity provided from a single wire earth return system, the applicable provisions are those relating to the symmetrical three phase system having a voltage measured between phase and earth of magnitude equal to that of the standard voltage of the single wire earth return system. Additionally, in relation to this term and its meaning, " low voltage " means a voltage not exceeding 650 volts and high voltage " means a voltage in excess of 650 volts; works " means electric lines and any buildings, machinery, engines, meters, lamps, transformers, fittings, apparatus, control cables and any matters or things of whatever description required to generate, transmit or distribute electricity or to carry into effect the objects of any Electricity Authority pursuant to this Act. 7. Crown bound in certain respects . This Act is binding on the Crown- (a) to the extent that the Crown is a consumer; (b) in respect of its provisions relating to matters of safety; (c) where in any other provision of this Act the Crown is said to be bound, and not otherwise.

Electricity Act 1976, No. 66 605 PART Il-THE STATE. ELECTRICITY COMMISSION OF QUEENSLAND Division I -Constitution of Commission 8. Administration of Act. Subject to the Minister, the Commission shall administer this Act. 9. The Commission . (1) The State Electri,;it} Commission of Queensland constituted under The State Electricity Commission Acts, 1937 to 1965 is preserved, continued in existence and constituted under this Act under that name, that is to say, " The State Electricity Commission -of Queensland ". (2) The Commission- (a) shall continue to be a corporation sole constituted by the Commissioner with perpetual succession and an official seat; (b) shall be capable in law of- (i) suing and being sued; (ii) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it; (iii) taking, acquiring, holding, dealing with and disposing of real and personal property (whether situated in Queensland or elsewhere); and (iv) doing and suffering all such acts and things as bodies corporate may by law do and suffer. (3) For all the purposes of this Act and of any other Act the Commission, represents the Crown and has and may exercise all the powers, privileges , rights and remedies of the Crown. (4) Contracts entered into by the Commission may be made as follows:- (a) A contract that if made between private persons would by law be required to be in writing and under seal shall be made by the Commission in writing and under its seal; (b) A contract that if made between private persons would by law be required to be in writing signed by the parties to be charged therewith may be made in writing signed by the Commissioner; (c) A contract that if made between private persons would by law be valid although not reduced into writing may he made without writing by the Commissioner. (5) A contract so made as aforesaid shall be effectual in law and shall bind the Commission and all other parties thereto and may be varied or discharged in the manner in which it is authorized to he made. (6) All courts, judges, justices and persons acting judicially shalt take judicial notice of the appointment of the Commissioner, Deputy Commissioners, and secretary to the Commission and of their respective signatures, and of the seal of the Commission affixed to any document or other writing and shall presume, until the contrary is proved, that any such signature or such seal, as the case may be, was duly affixed to any document or other writing on which it appears.

606 Electricity Act 1976, No. 66 10. Affixing official seal. (1) The official seal may be affixed by- (a) the Commissioner; (b) a Deputy Commissioner; (c) the secretary or any person for the time being occupying the office or performing the duties of the secretary when such secretary or person has and is exercising and performing the powers, functions, authorities and duties of the Commissioner pursuant to section 14; (d) a delegate duly authorized in that behalf by the Commissioner under section 19. (2) In every case where the official seal is affixed to a document or other writing, the document or other writing shall be attested to the effect that such seal was duly affixed by the person affixing it in the presence of the secretary or such other employee of the Commission for the time being having the custody of it. 11. Use of seal outside the State . (1) The Commission may have for use outside the State seals each of which shall be a facsimile of the official seal of the Commission with the addition on its face of the name of the country, state, territory or other place where it is to be used. (2) A deed or other document or writing to which such a facsimile of the official seal is duly affixed binds the Commission as if it had been sealed with the official seal and in any such case it shall for all purposes be deemed to have been sealed with the official seal. (3) The Commission may by writing under its official seal authorize any person (including the holder of an office for the time being) appointed for the purpose in any country, state, territory or other place to affix as its agent a facsimile of the official seal to any deed or other document or writing to which the Commission is party in that country, state, territory or other place. (4) The authority of any such agent shall, as between the Commission and any person dealing with the agent, continue during the period, if any, mentioned in the instrument conferring the authority or, if no period is so mentioned, until notice of the revocation or determination of the agent's authority has been given to the person dealing with the agent. (5) The person affixing the facsimile of the official seal shall, by writing under his hand, certify on the deed or other document or writing to which the seal is affixed the date on which and the place at which it is affixed. 12. Continuance in office of certain persons . (1) The persons holding under The State Electricity Commission Acts, 1937 to 1965 the offices of Commissioner for Electricity Supply, Deputy Commissioners for Electricity Supply and secretary to the Commission immediately prior to the day of commencement of this Act shall without further or other appointment be respectively the State Electricity Commissioner, Deputy State Electricity Commissioners and secretary to the Commission under this Act. (2) Subject to this Act, the Commissioner and Deputy Commissioners shall hold their respective offices under this Act in terms of their appointments thereto for the remainder still to run on the day of

Electricity Act 1976, No. 66 607 commencement of this Act of the terms of their respective appointments under The State Electricity Commission Acts, 1937 to 1965 and be eligible for reappointment. (3) Subject to this Act, the secretary shall hold his office as secretary to the Commission under this Act on terms and conditions as to salary and otherwise not less favourable than those on which he held office immediately prior to the day of commencement of thi. Act, and subject thereto and subject to any applicable award of any industrial court, commission, tribunal or authority he shall hold office on such terms and conditions as to salary and otherwise as the Governor in Council thinks fit. 13. Appointment of Commissioner . (1) Subject to section 12, the Governor in Council may from time to time by commission under his hand and the Public Seal of the State appoint a person to hold the office of the Commissioner. (2) The appointment shall be for such term, not exceeding seven years, as the Governor in Council determines, and the appointee shall, subject to this Act, hold office for the term for which he is appointed and be eligible for reappointment. 14. Appointment of Deputy Commissioners . (1) Subject to section 12, the Governor in Council may from time to time appoint such and so many Deputy Commissioners as he considers necessary. (2) A Deputy Commissioner may be appointed generally or in respect of a specified portion of the State. (3) The appointment of a Deputy Commissioner shall be for such term, not exceeding seven years, as the Governor in Council determines, and the appointee shall, subject to this Act, hold office for the term for which he is appointed and be eligible for reappointment. (4) A Deputy Commissioner shall exercise all such functions and discharge all such duties as are prescribed or, subject to such prescription, as are directed or delegated to him by the Commissioner. (5) In the event of and during the absence from duty for any reason whatsoever of the Commissioner or in the event of a vacancy occurring in the office of the Commissioner and until a new Commissioner is appointed, the Deputy Commissioner or, where there are two or more Deputy Commissioners, the one of them thereunto appointed by the Governor in Council by notification published in the Gazette shall act as Commissioner and while he so acts shall constitute the Commission and shall have and may exercise all the powers, functions and authorities and shall perform all the duties of the Commissioner. (6) If at the time of any absence from duty or vacancy in the office of the Commissioner there is no Deputy Commissioner in office and available to act as the Commissioner, the secretary or any person for the time being occupying the office or performing the duties of the secretary shall act as Commissioner and while he so acts shall constitute the Commission and shall have and may exercise all the powers, functions and authorities and shall perform all the duties of the Commissioner.

608 Electricity Act 1976, No. 66 (7) Except where a vacancy has occurred in the office of the Commissioner, the fact that a Deputy Commissioner or, pursuant to subsection (6), the secretary or any person for the time being occupying the office or performing the duties of the secretary has exercised or performed any power, function, authority or duty of the Commissioner shall, until the contrary is proved, be conclusive evidence that the Commissioner was then absent from duty. 15. Appointment of secretary . (1) Subject to section 12, the Governor in Council may from time to time appoint a secretary to the Commission. (2) The secretary is responsible for the safe custody of the official seal of the Commission and is the custodian of all documents, books, papers and other records and writings of the Commission. (3) The secretary also has and may exercise such powers, functions and authorities and shall perform such duties as are prescribed or, subject to such prescription, as are directed or delegated to him by the Commissioner. (4) The Commissioner may direct an employee of the Commission to perform temporarily the duties of secretary if at any time the secretary dies or is sick or, owing to inability from any cause, cannot exercise the powers, functions and authorities or perform the duties of secretary whether or not he is in fact absent, or if from. any other cause the office is vacant, and such employee whilst performing temporarily such duties as aforesaid shall for all purposes be the secretary to the Commission. 16. Salaries of Commissioner, Deputy Commissioners and secretary. The Commissioner, each Deputy Commissioner and the secretary, including those persons referred to in section 12 (1), shall, subject to this Act, respectively be paid such salaries and allowances as the Governor in Council fixes from time to time. 17. Public ServiceAct not applicable to Commissioner , etc. The provisions of the Public Service Act1922-1973 are not applicable to the Commissioner, Deputy Commissioners or the secretary, including those persons referred to in section 12 (1). 18. Vacation of office . (1) The Commissioner, a Deputy Commissioner or the secretary shall be deemed to have vacated his office- (a) if, except with the prior approval of the Governor in Council, he directly or indirectly engages in any paid employment- (i) outside the duties of his office or of any additional office to which he is appointed by the Governor in Council; or (ii) outside the duties of any office to which he is appointed by virtue of his position of Commissioner, Deputy Commissioner or secretary, as the case may be; (b) if he becomes bankrupt or compounds with his creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;

Electricity Act 1976, No. 66 609 (c) if, except by reason of illness or physical incapacity or on leave granted by the Minister (power to grant such leave being hereby authorized), he absents himself from duty for 14 consecutive days or for 28 days in all in any calendar year; (d) if he is convicted of an indictable offence for which he is liable to he punished by imprisonment for twelve months or more; (e) if he dies or becomes mentally ill; (f) if he is removed from office by the Governor in Council for misbehaviour or incapacity; (g) if he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Commission or an Electricity Authority or in any way participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom; or (h) if he resigns his office by writing under his hand addressed to the Minister and such resignation is accepted by the Governor in Council. (2) In any case where the Commissioner, a Deputy Commissioner or the secretary- (a) is appointed by the Governor in Council to an additional office as referred to in subsection (1) (a); (b) is appointed to an office by virtue of his position of Commissioner, Deputy Commissioner or secretary; or (c) directly or indirectly engages in any paid employment with the prior approval of the Governor in Council as provided in subsection (1) (a), the Governor in Council may direct that any remuneration received by him in respect thereof be paid into the Fund, whereupon he shall pay such remuneration into the Fund accordingly. (3) The Governor in Council may, for misbehaviour or incapacity appearing to him to be sufficient for so doing, remove the Commissioner, a Deputy Commissioner or the secretary from office. 19. Delegation by Commissioner . (1) The Commissioner, with the prior approval of the Minister, may, either generally or otherwise as provided by the instrument of delegation, by instrument in writing under his hand, delegate to a Deputy Commissioner, the secretary or any other employee of the Commission all or any of his powers, functions, authorities and duties under this Act as may be specified in the instrument (other than this power of delegation). (2) A power, function, authority or duty the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed in accordance with the terms of the delegation by the delegate to whom the exercise or performance thereof has been delegated. (3) A delegation may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, functions, authorities or duties delegated or as to time, place or circumstances as may be specified in the instrument of delegation.

610 Electricity Act 1976, No. 66 (4) Where the exercise or performance of a power, function, authority or duty of the Commissioner is dependent upon the opinion, belief or state of mind of the Commissioner in relation to any matter, that power, function, authority or duty may be exercised or performed by the delegate upon the opinion. belief or state of mind of the delegate in relation to that matter. (5) Any act or thin (, done or suffered by a delegate while acting in the exercise of a delegation under this section has the same force and effect as if the act or thing done had been done or suffered by the Commissioner. (6) A delegation under this section is revocable by the Commissioner at his will and shall be revoked by him if the Minister so directs. (7) A delegation under this section does not prevent the exercise or performance of a power, function, authority or duty by the Commissioner. (8) The Commissioner, with the prior approval of the Minister, may make such and so many delegations under this section and to such number of delegates as he considers necessary or desirable. 20. Appointment , etc., of employees of Commission . (1) In this section, the term "employee" does not include the Commissioner, a Deputy Commissioner or the secretary. (2) The numbers and classes of employees of the Commission employed or for whom there is provision made for employment immediately prior to the day of commencement of this Act shall be the numbers and classes of employees of the Commission considered necessary for the purposes of this Act on the day of commencement of this Act. (3) At any time on or after the day of commencement of this Act but not later than one year after that day and thereafter at least once in each year the Commission shall submit to the Minister a statement setting out the numbers and classes of employees it considers are necessary as employees of the Commission for the purposes of this Act. (4) There shall be included in the statement particulars of any scholarships or cadetships requiring the holders to perform a period of service with the Commission. (5) The Minister may accept the proposals set out in the statement or may require that they be amended or modified in manner specified by him. (6) The Minister may at any time require that the proposals set out in the statement, whether as accepted or as amended or modified by him, be amended or modified or further amended or modified. (7) The Commission may appoint employees of the Commission in accordance with numbers and classes of employees accepted and agreed to by the Minister from time to time in accordance with this section. (8) The employees appointed shall, subject to any applicable award of any industrial court, commission, tribunal or authority, he paid such remuneration as the Commission, with the approval of the Governor in Council, determines and shall be employed at the pleasure of the Commission.

Electricity Act 1976, No. 66 61 1 (9) The Commission as constituted under The State Electricity Commission Acts, 1937 to 1965 prior to the day of commencement of this Act may make arrangements for the appointment of, and appoint, as at the day of commencement of this Act, the numbers and classes of employees considered necessary, pursuant to subsection (2), for the purposes of this Act. (10) The provisions of the Public Service Act1922-1973 are not applicable to employees of the Commission. 21. Electrical inspectors . (1) Subject to section 20, employees appointed under that section shall include such electrical inspectors as the Commission considers necessary. (2) The Commission may appoint- (a) an employee of the Commission who is not appointed as an electrical inspector under this Act; (h) any other person, including an employee of an Electricity Authority, to be an electrical inspector for the purposes of this Act. (3) An appointment under subsection (2) may be for a specified purpose or a specified period or without limit of time. (4) The Commission shall issue to every person who is appointed an electrical inspector a certificate of his appointment as an electrical inspector. (5) Where an appointment is made under subsection (2), the Commission shall specify in the certificate of appointment any conditions, specifications or limitations subject to which the appointment is made. (6) The production by an electrical inspector of the certificate of his appointment to any person shall be conclusive evidence of his appointment. 22. Industrial inspectors to be electrical inspectors for certain purposes . Every industrial inspector, by virtue of such office and without further appointment under this Act, is also an electrical inspector for the purposes of the provisions of this Act relating to the licensing of electrical contractors and the issue of certificates of competency and permits to electrical workers. 23. Duties of electrical inspectors . The duties of electrical inspectors are- (a) to inspect and test periodically and in special cases-- (i) the electric lines and other works of an Electricity Authority and of the holder of a licence under Division IV of Part 111; (ii) electrical installations; (iii) the supply of electricity given by an Electricity Authority and of the holder of a licence under Division IV of Part III; (iv) for the purposes of this Act, any private plant; (v) electrical articles offered for sale or submitted to the Commission for examination, testing and approval: (b) to promote the safety of electrical workers engaged on electrical work and persons assisting those electrical workers;

612 Electricity Act 1976, No. 66 (c) to carry out such duties relating to, and to make such inquiries into, the execution of electrical work and the competency of electrical workers as may be required by the Commission or The Electrical Workers and Contractors Board; (d) subject to this Act, to investigate and report on accidents occurring on any part of any electric line or other work or any electrical installation; (e) to perform and carry out such other duties as may be prescribed. 24. General powers of electrical inspectors . An electrical inspector may- (a) at any reasonable hour of the day or night enter and remain upon any works or premises to enable him to exercise his powers and perform his duties under this Act; (b) inspect and examine all electrical installation work being performed or that has been performed with respect to any electrical installation found upon such entry; (c) call to his aid- (i) any member of the police force where he has reasonable cause to anticipate any obstruction in the exercise of his powers or in the performance of his duties; (ii) any person he may think competent to assist him in such inspection and examination; (d) make such examination and inquiry as may be necessary to ascertain whether any electrical work is being or has been performed in manner prescribed and the identity and qualifications of the person or persons by whom the same is being or was performed; (e) require the production of any certificate, permit or licence and of any book, notice, record, list or writing that by this Act is required to be kept or exhibited, and inspect, examine and take copies of or extracts from the same; (f) exercise such other powers and authorities as may be prescribed. 25. Indemnities . No liability shall be incurred by the Crown, the Minister, the Commission, the Commissioner, a Deputy Commissioner, the secretary to or any other employee of the Commission or any person not being an employee of the Commission who is appointed to be an electrical inspector or an industrial inspector acting as an inspector for the purposes of Part XI on account of anything done for the purposes of this Act or done in good faith and purporting to be for the purposes of this Act. 26. Disclosure of certain matters and effect thereof. (1) The Minister, the Commission, the Commissioner, a Deputy Commissioner, the secretary to the Commission, an electrical inspector and any employee of the Commission authorized by the Commission or by any of the aforesaid persons, either generally or in any particular case, may disclose or publish any matter or thing in relation to or arising out of any provision of- (a) Division VIII of Part 11; (b) Part VIII;

E!^ctricity Act 1976, No. 66 613 (c) Part IX that it is in the public interest to disclose or publish or that the said Commission or person considers in good faith it is necessary or desirable to disclose or publish in the public interest, and no liability shall be incurred by the Crown, the Minister, the Commission, the Commissioner, a Deputy Commissioner, the secretary to the Commission, an electrical inspector or an employee so authorized as aforesaid o„ account of any disclosure or publication so made. (2) No liability shall be incurred by any person on account of any disclosure or publication made to the Commission or any person referred to in subsection (1) or any other employee of the Commission in relation to or arising out of any provision of- (a) Division VIII of Part II; (b) Part VIIJ ; (c) Part IX. Division 11-Electricity Trust Fund 27. The Electricity Trust Fund . The Electricity Trust Fund established under The State Electricity Commission Acts, 1937 to 1965 is preserved , continued in existence and constituted under that name, that is to say , " The Electricity Trust Fund ", and moneys forming part of the Fund immediately prior to the commencement of this Act are moneys forming part of the Fund on such commencement. 28. Appropriation . Parliament may from time to time appropriate such sums for the administration of this Act as shall be deemed necessary and any such appropriation for such purpose is hereby authorized. Such sums so appropriated shall be paid into and form part of the Fund. 29. Payments into the Fund . All fees, charges and other moneys paid to or received by the Commission (other than loan moneys raised by the Commission under Division IV and the expenses of raising and managing such loans and refunds of such expenses from Electricity Authorities but including any capital funds provided from such loan moneys for the purposes of the Commission) shall be paid into and form part of the Fund. 30. Payments out of the Fund. All costs, charges and expenses of the Commission, including the salaries, allowances and expenses of the Commissioner, any Deputy Commissioner, the secretary and other employees thereof but excluding the expenses of raising and managing loans shall be a charge against and paid out of the Fund. 31. Provisions . (1) Subject to the approval of the Governor in Council, the Commission may make, within the Fund, provisions to meet any specific future expenditure, whether of a capital nature or not. (2) When any such provision has been applied for the purpose for which it was made, any balance remaining shall be credited as a miscellaneous receipt of the Fund.

614 Electricity Act 1976, No. 66 32. Precept to the Generating Board. (1) Prior to 31 May in each year, the Commission shall- (a) estimate the expenditure to be made from the Fund for the twelve months commencing on 1 July of that year; (b) calculate the amount that, in conjunction with moneys standing to the credit of the Fund and all moneys (exclusive of the amount payable under the precept referred to in paragraph (c)) likely to be paid into the Fund, is required to meet that estimated expenditure ; and (c) issue a precept to the Generating Board requiring it to pay the amount so calculated. (2) The Generating Board shall, in the manner provided by section 33, pay the amount calculated as aforesaid to the Commission. (3) Immediately it issues the precept, the Commission shall send a copy of it to the Minister with a detailed statement setting out how the amount was calculated. (4) The Minister may at any time prior to I April in the year next following the year in which the precept is issued by the Commission to the Generating Board, by written notice in duplicate under his hand, vary the amount payable by the Board to the Commission. (5) The original notice shall be forwarded to the Commission and the duplicate shall be forwarded to the Generating Board and the notice shall bind each of them. (6) The reference to " each year " in subsection (1) includes the year in which occurs the day of commencement of this Act and where, pursuant to this section, anything is required to be done in that year by the Commission prior to the day of commencement of this Act, it shall be done by the Commission as constituted under The State Electricity Commission Acts, 1937 to 1965. 33. Payment by Generating Board by instalments . (1) If the amount required to be paid by the Generating Board is not varied by the Minister, the Board shall pay the amount to the Commission in four equal instalments on the first days of July, October, January and April next following the date of issue to it of the precept referred to in section 32 (1). (2) If the amount payable by the Board to the Commission is varied by the Minister pursuant to section 32 (4), the notice of variation shall direct in what manner the amount as varied is to be paid, and it thereupon shall be payable in accordance with such direction. (3) The Minister in directing in what manner the amount as varied is to be paid shall have regard to- (a) the time of the giving of the direction in relation to instalments paid or to be paid; (b) any instalments already paid up to that time, and shall take into consideration the need to issue or the desirability of issuing a notice of variation in the year wherein occurs the day of commencement of this Act if that day occurs on or about the day an instalment is otherwise payable under this section; and he may issue a notice of variation prior to the day of commencement of this Act where he considers it is desirable to do so in the circumstances.

Electricity Act 1976, No. 66 615 34. Other funds and votes . In addition- to the administration of the Fund, the Commission shall administer also such other trust or special funds created by the Governor in Council from time to time which the Governor in Council directs shall be so administered, and any other moneys appropriated by Parliament from time to time. whether from the Consolidated Revenue Fund or the Loan Fund, for the purposes of this Act or any other Act or any function of Go- ernment that the Commission is required to administer. 35. Accounts. (1) The Commission shall keep proper accounts with respect to- (a) the Fund; (b) any other fund or vote administered by the Commission pursuant to section 34; (c) the various sinking funds provided for in Division \'1 of this Part: (d) loan moneys raised by the Commission pursuant to this Act and the expenses of raising and managing loans obtained pursuant thereto; (e) any other moneys that may be under the control of the Commission from time to time. (2) The Auditor-General may direct the manner in which such accounts shall be kept. (3) Annual financial statements shall be prepared in respect of the accounts referred to in subsection (1) and 'shall be certified by the Commissioner and the secretary in manner prescribed or, in the absence of any such prescription, in the form required by the Auditor-General. Division I11-Powers, Functions and Duties of the Commission 36. Powers , functions and duties of the Commission . Subject to this Act and without derogating from any other provision of this Act with respect to any power, function or duty of the Commission, the Commission- (a) shall plan the supply of electricity throughout Queensland so far as such supply may be reasonably and economically possible and regulate and co-ordinate such supply and matters related thereto; (b) may, when and so often as it thinks it necessary so to do, and shall, if at any time it is thereunto directed by the Minister, prepare and submit to the Minister a plan- (i) for a co-ordinative program for the improvement and extension of existing undertakings; (ii) for the interconnexion of undertakings; (iii) for the carrying out of all such other matters and things as are authorized or required to be carried out under or in pursuance of this Act irrespective of whether the carrying out of any such other matter or thing is a power, function or duty of the Commission or of an Electricity Authority or of any other body constituted under this Act;

616 Electricity Act 1976, No. 66 (c) may, and shall, if thereunto required by the Minister, prepare and submit to the Minister recommendations for the orderly carrying out over a period or during any particular period of any works, matters or things included in any plan as referred to in paragraph (b); (d) shall determine the prices to be paid for electricity supplied- (i) by any Electricity Authority to consumers of that Authority; (ii) in bulk by the Generating Board to any Electricity Board or other Electricity Authority; (e) shall inquire into and report to the Minister from time to time with respect to any matters referred to the Commission by the Governor in Council or the Minister for investigation and report; (f) may, in the exercise of any of its powers, functions or duties under this Act, carry out such investigations as it thinks necessary or desirable; (g) shall plan the organization of Electricity Authorities into economic and, where practicable, geographical and related units, and take such steps as in its opinion should be taken to provide for the co-ordination or amalgamation of any Electricity Authorities; (h) shall forecast and use its best endeavours to anticipate the future requirements for electricity throughout Queensland and for this purpose plan in conjunction with the appropriate Electricity Authority and, subject to the approval of the Governor in Council. authorize the establishment of generating stations and the erection of transmission systems and associated works so that development will proceed in an orderly manner, and, with respect thereto, shall- (i) take into account the available natural resources of Queensland and, in conjunction with such authorities as are charged with the control, exploitation or utilization of such resources, recommend to the Governor in Council which resources should be utilized for the generation and supply of electricity; (ii) take into consideration whether any deleterious effect on the environment would be occasioned by the establishment of generating stations or the erection of transmission systems and associated works; (iii) co-ordinate the planning activities of Electricity Authorities; and (iv) make such investigations, surveys and inquiries as it considers necessary in connexion with the foregoing: (i) may advise (but without prejudice to any other power or authority of the Commission) an Electricity Authority upon the expenditure, charges, maintenance, efficiency and economics of its undertaking with a view to securing- (i) the most efficient administration and working of such undertaking; and (ii) the electrical development of the Area of electricity supply of the Electricity Authority;

Electricity Act 1976, No. 66 617 (j) may take supplies of electricity in bulk from a person within or outside the State or from any Electricity Authority and supply electricity in bulk to a person outside the State or to any Electricity Authority; (k) may approve special agreements made by Electricity Authorities with persons for the supply of electricity at other than standard tariffs; (1) may negotiate with any person desiring electricity to be supplied by an Electricity Authority under a special agreement at other than standard tariffs where, in the opinion of the Commission- (i) the special agreement would be of particular benefit to the State; or (ii) special circumstances exist, and make arrangements in connexion therewith; (m) may, with the approval of the Governor in Council, supply electricity in Queensland to any person other than an Electricity Authority at such rate or rates and upon such terms and conditions as are in the opinion of the Governor in Council fair and reasonable, and for that purpose may make with any Electricity Authority in the State or with any Electricity Authority or person outside the State all such arrangements with respect to the supply of electricity and the taking and doing of all such other steps and things by such Electricity Authority or person for or on behalf of the Commission as the Governor in Council considers necessary or expedient; (n) may negotiate and enter into agreements for any of the purposes of this Act; (o) may undertake or contribute to the cost of research and development in relation to any of its powers, functions or duties; (p) may give technical advice to Government Departments concerning electricity; (q) may provide technical advice and undertake work that it is competent to provide and undertake- (i) by agreement with and on behalf of any Electricity Authority or for any other person within the State; (ii) subject to the prior approval of the Governor in Council, by agreement with and on behalf of any person outside the State, and receive such payment, if any, as may be agreed upon; (r) may approve of electrical articles with the object of securing their safety in service and may prohibit, subject to the provisions of this Act, the use or the sale of electrical articles; (s) may inspect electrical machinery and electric lines not otherwise subject to the provisions of this Act, to ensure that such electrical machinery and electric lines are constructed and used in a manner that will secure the safety of the public; (t) may promote and encourage the use of electricity; (u) may set up and conduct training. schools and training courses for employees of the electricity supply industry or for electrical workers or any other persons, in respect of any matter related to electricity or the electricity supply industry.

618 Electricity Act 1976, No. 66 In the exercise of this power, the Commission may arrange with any educational institution within or outside Queensland, the Department of Education, the Generating Board or any Electricity Board to set up and conduct for and on behalf of the Commission such training schools or training courses or any part of such courses and to make, subject to the approval of the Governor in Council, financial arrangements with respect thereto; (v) may from time to time, subject to approval by the Governor in Council and subject to such terms and conditions as the Governor in Council may fix, provide moneys- (i) to the Generating Board; (ii) to an Electricity Board; (iii) to any other Electricity Authority for the purposes of enabling such Electricity Authority to carry out its powers, functions and duties as an Electricity Authority; (iv) for expenditure of a capital nature by the Commission, and may invest moneys held by the Commission being (1) moneys borrowed by the Commission under the authority of this Act; (2) moneys standing to the credit of the Fund; (3) moneys received by the Commission for investment on behalf of an Electricity Authority pursuant to the provisions of Division III of Part V I, in any manner hereinafter provided, that is to say:- (A) on deposit in any savings bank; (B) on any interest bearing term deposit in any bank; (C) on the security of a certificate of deposit issued by any bank; (D) in any securities guaranteed by the Government of the Commonwealth or of a State of the Commonwealth; (E) with an authorized and approved dealer in the short term money market; (F) in any other manner approved by the Governor in Council, which approval may be in respect of a specific investment or all investments of a specified kind or class of investment, and may be for a specified period or without limit of time; and each such investment shall be upon such security, if any, as the Governor in Council may determine; (w) may direct, prohibit, restrict or control, or regulate in any other manner whatsoever, the supply and consumption of electricity; (x) may do all such things and issue all such instructions as may be expedient to ensure that all persons engaged in the electrical industry in the State adopt safe working practices; (y) may undertake or contribute to the cost of programs to educate the public in electrical safety and in the efficient and economic use of electricity; (z) may require the registration of cathodic protection systems and do such other things and take such other steps as it considers necessary for the protection of electric lines, works and any

Electricity Act 1976, No. 66 619 pipes, sewers, drains or other works lawfully constructed in any position from damage by corrosion resulting from interference caused by the use of any such system; (aa) may advise the Minister with respect to the issue of a licence to any person or to an Electricity Authority to construct, maintain and utilize works for the purpose of generating, transmitting, distributing, supplying or utilizing electricity; (bb) may investigate and determine any appeal by a person who has been refused a supply of electricity by an Electricity Authority or who is dissatisfied with the conditions under which an Electricity Authority has offered to make a supply of electricity available to him; (cc) may provide an advisory service for Electricity Authorities on matters related to industrial awards and conditions of employment: (dd) may co-ordinate the formulation of policy of the electricity supply industry in matters related to industrial awards and conditions of employment; (ee) may appoint and keep appointed an industrial advocate to represent the Commission and who may represent an Electricity Authority in industrial proceedings; (ff) subject to the approval of the Governor in Council, may subscribe money or provide services for any national, public, general or useful object or purpose; (gg) may join any technical or other society or association of which it is eligible to be a member and which in the opinion of the Commission is likely to further the powers, functions and duties of the Commission or to benefit the electrical industry in Queensland, and may pay membership subscriptions in respect thereof and incur such other costs as membership of any such society or association entails; (hh) subject to the approval of the Governor in Council, may establish scholarships and bursaries that do not bind holders to perform a period of service with the Commission; (ii) shall carry out and perform such additional powers, functions and duties as are prescribed by the Governor in Council by Order. in Council (not being powers, functions and duties to be carried out or performed by an Electricity Authority in pursuance of this Act) and the Governor in Council is hereby authorized to prescribe such additional powers, functions and duties: Provided, however, that an additional power, function or duty so prescribed by the Governor in Council shall be an effective power, function or duty pursuant to this paragraph for a period of not more than 6 months from the date of publication in the Gazette of the Order in Council in question; (jj) may do such incidental or' consequential acts and things as may be necessary or expedient for the exercise and performance of its powers, functions and duties.

620 Electricity Act 1976, No. 66 Division IV-Borrowing by the Commission and Electricity Authorities 37. Borrowing by Commission. (1) The Commission, with the approval of the Governor in Council, for the purpose of exercising any of its powers and functions and performing any of its duties under this Act, may and is hereby authorized to borrow money or obtain accommodation by way of temporary advance or overdraft or otherwise from or to make financial arrangements with the Treasurer or with any bank or other person or institution upon and subject to such terms and conditions and at such rate of interest as the Commission, subject to approval by the Governor in Council, thinks fit: Provided that the Commission may enter into negotiations with respect to the borrowing of money or the obtaining of accommodation or the making of financial arrangements as aforesaid with the sanction of the Treasurer, and for the purpose of obtaining that sanction the Commission shall submit to the Treasurer such information as the Treasurer may require. (2) Without limiting the generality of the provisions of subsection (1) but subject to the approval as aforesaid of the Governor in Council, the Commission may borrow money by the sale of debentures, bonds or inscribed stock, or partly in one way and partly in another way or other ways. (3) The Commission may for the purposes of this section create and execute all such mortgages, bills of sale, charges, liens and other securities or encumbrances upon or over the property of the Commission or any part or parts thereof, or the revenues of the Commission as the Commission, subject to the approval of the Governor in Council, thinks fit. (4) In the case of a loan to be raised in whole or in part by the sale of debentures, bonds or inscribed stock, the authority shall be given by Order in Council, and such Order in Council shall declare the amount that may be borrowed, the purposes for which the loan is to be borrowed, the currency of the loan, the rate of interest payable thereon, the terms and conditions for the redemption of the loan and such, other conditions as the Governor in Council thinks proper to impose. 38. Debentures , bonds and stock . (1) All debentures, bonds and inscribed stock respectively issued under the authority of this Act- (i) shall, subject to this Act, be sold in such amounts or parcels, at such times and places, and in such a manner as the Commission thinks fit; (ii) shall with interest thereon be charged and secured upon the assets and revenues of the Commission, and, to the extent of any moneys provided to any Electricity Authority as a result of the issue thereof, upon the assets and revenues of that .Electricity Authority, subject to any prior debentures, bonds and stock issued according to law; (iii) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside Queensland as respectively approved by the Governor in Council;

Electricity Act 1976, No. 66 621 (iv) may, in the case of any debentures or bonds with the consent of the holder thereof, or in the case of any inscribed stock with the consent of the registered owner thereof, be paid off at any time previous to the due date thereof at not more than the par value thereof or (with the consent of the Governor in Council) at a premium, with interest thereon to date of payment only. (2) (a) In the case of an application to purchase debentures or inscribed stock other than by public tender, the Commission may require the applicant to lodge with his application, as security, all or part of the purchase consideration. (b) Where an application is accepted, the debentures or inscribed stock issued pursuant to the application shall bear interest at the rate approved in accordance with this section on the amount lodged as security from the date of lodgment. (c) Where the application is not accepted., the Commission shall refund forthwith any amount so lodged as security. (3) Interest secured by any debentures, bonds or inscribed stock shall be payable at such times and at such place or places in or outside Queensland as the Governor in Council determines. (4) No notice of any trust express, implied or constructive shall be received by the Commission or by any,employee or other servant or any agent of the Commission in relation to any debentures, bonds or stock issued under the authority of this Act; and the Commission or any such servant or agent shall not be bound to see to the execution of any such trust to which any such debentures, bonds or any part of any such stock may be subject. (5) An investment, unless expressly forbidden by the instrument (if any) creating the trust, by a trustee of trust funds in any debentures, bonds or stock issued under the authority of this Act shall be and be deemed to be an authorized investment by the trustee pursuant to the provisions of section 21 of the Trusts Act1973 and such Act shall be read and construed accordingly. (6) A person. advancing money to the Commission and receiving in consideration of such advance any debentures, bonds or stock issued under the authority of this Act shall not be bound to inquire whether the issue of such security was in fact duly authorized or into the application of the money advanced or be in any way responsible for the non-application or misapplication thereof. 39. Brokerage . The Commission may pay moneys by way of brokerage for or in respect of the making, procuring, negotiating or obtaining the loan of any money the borrowing of which the Governor in Council has approved: Provided that no moneys shall be paid by the Commission by way of brokerage for or in respect of the loan of ,any money by it unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as he thinks fit: Provided further that section 14 of the Money Lenders Act 1916-1969 shall not apply or extend to brokerage which the Commission is authorized to pay under and in accordance with this section, and which brokerage

622 Electricity Act 1976, No. 66 has been approved by the Treasurer and is agreed to be paid by the Commission subject to the terms and conditions, if any, imposed by the Treasurer. 40. Guarantee of loans. (1) Notwithstanding anything to the contrary contained in any Act, the amount of any loan borrowed by the Commission with the approval of the Governor in Council with interest at the rate approved by the Governor in Council shall be and be deemed to be guaranteed by the Treasurer on behalf of the Government of Queensland, and such guarantee shall be effective upon the publication in the Gazette of the Order in Council authorizing such loan. (2) The guarantee shall be subject to such terms, reservations and conditions, if any, as are prescribed by the Governor in Council in the Order in Council authorizing such loan. (3) All moneys payable by the Treasurer pursuant to this section shall be a charge upon and be paid out of Consolidated Revenue which is hereby to the necessary extent appropriated accordingly. (4) The provisions of section 5 of the Local Bodies' Loans Guarantee Act 1923-1975 shall, with any necessary adaptations thereof, extend and apply in respect of moneys paid by the Treasurer pursuant to this section, and any moneys received or recovered by the Treasurer from the Commission or otherwise in respect of moneys so paid as aforesaid shall be paid into Consolidated Revenue. (5) The liability of the Government of Queensland pursuant to a guarantee as aforesaid shall not be affected or discharged by the granting to the Commission of any time or other indulgence or consideration or by reason of any transaction that may take place between the Commission and the lender or any holder for the time being of debentures or inscribed stock or by any other act or omission of the lender or any holder for the time being of debentures or inscribed stock whereby the liability of the Government as guarantor would but for this provision have been affected or discharged. 41. Authorization of Electricity Authority to borrow money. (1) The Governor in Council may by Order in Council authorize an Electricity Authority to borrow money in any case where it appears to him to be necessary or desirable to do so. (2) The Order in Council shall specify a day on and after which the Electricity Authority is authorized to borrow money, the period to which the authority is limited if such a limitation is imposed and such other terms and conditions with respect to such borrowing as the Governor in Council thinks proper to impose. (3) On and after the day specified in the Order in Council pursuant to subsection (2), the provisions of this Division apply, with all necessary adaptations, to and with respect to the Electricity Authority as though it were the Commission. (4) Subsection (3) is subject to the provisions contained in the Order in Council pursuant to subsection (2) and to such other provisions contained in the same or a subsequent Order in Council or subsequent Orders in Council (the Governor in Council being hereby authorized to make such other provisions and any such subsequent Order in Council or Orders in Council) specifying provisions of this Division that do or do

Electricity Act 1976, No. 66 623 not apply to the Electricity Authority or the manner in which any such provisions do apply or generally with respect to matters consequential upon or incidental to the authorization given to the Electricity Authority to borrow money. (5) The transfer from one Electricity Authority to another Electricity Authority,- pursuant to this Act, of any liability g 'iranteed by the Treasurer under this Division shall not affect that guarantee which shall, on and from the date of transfer of liability, have and continue to have operation and effect as if it had been given by the Treasurer under this Division in relation to the Electricity Authority to which the liability is transferred as aforesaid. (6) (a) A person who lends money to an Electricity Authority otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Electricity Authority in respect of that loan: Provided that nothing in this paragraph shall prejudice or affect section 38 (6) in its application, pursuant to subsection (3) of this section, to a person advancing money to an Electricity Authority. (b) If an Electricity Authority borrows any money that it is not lawfully authorized under this Act or some other Act to borrow, all the members thereof who have consented to the borrowing of such money shall be jointly and severally liable to repay the same and to pay all interest thereon to the person from whom the same was borrowed, and the same may be recovered from such members or any of them as money lent by such person to such members or, as the case may be, member by action in any court of competent jurisdiction. (c) If any moneys are appropriated from any fund for the purpose of repaying any money so borrowed or paying interest thereon, the members of the Electricity Authority who have consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of 8 dollars per centum per annum, and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Commission or any creditor of the Electricity Authority, and the Commission or such creditor, as the case may be, shall pay the amount recovered into the fund concerned but shall be entitled to, full costs of suit, including costs as between solicitor and client. Division V-Provision of Moneys by Commission for Capital Expenditure and Reimbursement of Commission's Costs in respect thereof 42. Provision of moneys for capital expenditure . (1) The Commission shall not provide moneys to or for an Electricity Authority pursuant to paragraph (v) of section 36 except for expenditure of a capital nature for which approval has been obtained in accordance with this Act or otherwise according to law. (2) As soon as practicable after 1 July in each year the Commission shall publish in the Gazette a notice setting out- (a) the total amount of new loan moneys the Commission is authorized to borrow pursuant to section 37;

Electricity Act 1976, No. 66 825 (6) The chairman of the Public Service Board in his discretion may either generally or in a particular case extend the time within which an officer may elect to continue to be an officer of the Public Service after the commencement of this Act, provided that such time expire, not later than the day immediately prior to such commencement. 5. Certificates of rights of certain employees . (I) The Commission shall prepare a statement or, if necessary, a number of statements explaining the provisions of this Schedule and of Part XII for the information of persons who before the commencement of this Act are employed in a full time capacity by an Electric Authority or are officers of the Public Service of Queensland employed in the Department of Electricity Supply or in the office of the Electrical Workers and Contractors Board and who on such commencement become or are to become persons employed in the electricity supply industry pursuant to this Act. (2) The Commission shall cause to be handed to each person to whom subclause (1) refers a copy of the statement applicable to him not later than one month after the commencement of this Act. (3) An employee who is handed a copy of such statement shall acknowledge in writing that he has received it. (4) Not later than 6 months after the day on which the employee has received the copy of such statement, the Commission or the Electricity Authority, as the case may be, by which the person is employed shall issue to him a certificate setting out- (a) the employee's salary classification as at the day on which he became a person employed in the electricity supply industry; (b) the commencing date from which his service is regarded as continuous service as a person employed in the electricity supply industry; (c) details of his existing leave entitlements. (5) The employer may at any time issue an amended certificate correcting an error in the original certificate, but the employee shall have the same right to dispute the correctness of such amended certificate that he has in respect of the original certificate. (6) Every employee who is handed a certificate shall acknowledge in writing that he has received it. (7) If the employee is dissatisfied in any particular with the certificate, he shall give written notice setting out the grounds of his dissatisfaction to his employer within 6 months from the date he acknowledged in writing that he had received it. (8) An employee who does not give notice within the time and otherwise in accordance with the requirements referred to in subclause (7) is not entitled thereafter to dispute the correctness of any particular contained in the said certificate. 27

826 Electricity Act 1976, No. 66 (9) The employer shall examine each written notice submitted by an employee and shall after so doing either- (a) issue the employee with an amended certificate; or (b) advise the employee that the certificate is correct. 6. Recognition of previous service in special cases . (1) In any case where an employee referred to in clause 5- (a) is satisfied that the certificate issued to him by his employer is correct in its reference to the commencing date of his continuous employment referred to in clause 3 (1) and that the credit allowed for leave accrued to him is also correct; but (b) considers that, having regard to other employment continuously with one or more other Electric Authorities or as an officer of the Public Service of Queensland in the Department of Electricity Supply or in the office of the Electrical Workers and Contractors Board, through the operation of the conditions of employment and bases of recognition of such previous continuous service in such employment, he is disadvantaged when compared with another employee in the service of the electricity supply industry, he may by application in writing to his employer request that his entitlements be examined as a special case. (2) An application made pursuant to subclause (1) shall not be considered unless the employee indicates that he accepts that the certificate- given him by his employer is correct or unless he, being dissatisfied with the certificate, has appealed to an industrial magistrate pursuant to section 350 and such appeal has been determined. (3) If the employer is not the Commission it shall forward the application to the Commission together with such information that the employer considers will assist the Commission in determining the application. (4) The Commission shall, provided that records are available to enable it to reach a decision on the application, decide whether special circumstances exist and whether the employee concerned should be given additional credit for continuous service or for accrued leave entitlement and the extent of such credit. (5) The decision of the Commission .on any such application shall be final and binding and not subject to any appeal or review whatsoever. (6) If in any case the Commission finds that all the records necessary to enable it to reach a decision on an application are. not available, it may- (a) make a decision based on such records as are available; or (b) decline to make any decision, and in either case it shall advise the applicant (through his employer where the employer is not the Commission) of the records that are not available, and if the applicant can produce evidence relating to the matters for which records are not available it shall reconsider his application.

Electricity Act 1976, No. 66 82_7 (7) An application for consideration as a special case pursuant to this clause shall be lodged- (a) within 12 months of the day of commencement of this Act; or (b) within 3 months of the day of the decision of an industrial magistrate on an appeal, if there is an appeal, whichever is the earlier, and if it is not lodged in accordance with this subclause the Commission shall refuse to consider it unless it is satisfied that special circumstances exist as a result of which the application was not so lodged in accordance with this subclause. FIFTH SCHEDULE [Section 5] EXISTING SUPERANNUATION AND PROVIDENT FUNDS AND RIGHTS OF CONTRIBUTORS THERETO 1. Interpretation . In this Schedule- " the Articles " means The Articles of the Queensland Electricity Supply Industry Employees' Superannuation Scheme referred to in section 371 ; " the Scheme " means The Queensland Electricity Supply Industry Employees' Superannuation Scheme referred to in section 353; " the Superannuation Board " means The Queensland Electricity Supply Industry Superannuation Board referred to in section 354. 2. Continuation of certain funds. (1) Each of the following superannuation and provident funds, established for the employees of the Electric Authority the name of which occurs in the name of the fund, that is to say- The Southern Electric Authority of Queensland Superannuation Fund; Cairns Regional Electricity Board Superannuation Fund; Cairns Regional Electricity Board Staff Retiring Provident Fund; Capricornia Regional Electricity Board Superannuation Fund; Capricornia Regional Electricity Board Staff Retiring Provident Fund; Mackay Regional Electricity Board Superannuation Fund; Mackay Regional Electricity Board Staff Retiring Provident Fund; Townsville Regional Electricity Board Superannuation Fund; Townsville Regional Electricity Board Staff Retiring Provident Fund; Wide Bay-Burnett Regional Electricity Board Superannuation Fund; Wide Bay-Burnett Regional Electricity Board Staff Retiring Provident Fund; Northern Electric Authority of Queensland Superannuation Fund; and Northern Electric Authority of Queensland Staff Retiring Provident Fund, shall, subject to the provisions of this Schedule, continue in existence on the commencement of this Act and the trust deed and rules thereunder with respect thereto shall, subject to the said provisions, continue in

828 Electricity Act 1976, No. 66 force on such commencement, and each contributor who at such commencement becomes a person employed in the electricity supply industry pursuant to this Act shall continue to contribute to the fund to which he contributed at such commencement while he remains so employed and shall remain entitled to all the benefits provided by that fund while he so contributes: Provided that if under the rules of the fund to which he contributes- (a) there is provision whereby on the occurrence of a circumstance a contributor is required to cease contributing although still an employee of the Electric Authority concerned and that circumstance occurs, he shall cease to so contribute; (b) he may cease contributing although still an employee of the Electric Authority concerned and he applies to so cease, he may do so subject to his complying with any conditions precedent to so ceasing to contribute provided for in the rules of the fund: Provided further that any employee who ceases contributing to a fund pursuant to this clause shall not be entitled to elect to contribute to the Scheme during the period he continues to be employed in the electricity supply industry unless the Superannuation Board is satisfied that special. circumstances exist; and any employee permitted by the Superannuation Board to so contribute shall not, irrespective of any provision of the Articles to the contrary, be entitled to any benefit from the Scheme related to his service prior to the date the Superannuation Board permits him to so contribute. (2) A person who at the commencement of this Act becomes a person employed in the electricity supply industry pursuant to this Act and who was not then a contributor to one of the funds set out in subclause (1) but who was then eligible or, were it not for the commencement of this Act, would have become eligible to contribute to one of the said funds may elect or, as the case may be, be invited to contribute to such a fund on the conditions upon which he would have been eligible to so contribute were it not for the commencement of this Act. (3) The employer of a member of a fund set out in subclause (1) shall deduct the member's contributions from his pay and shall remit those contributions together with the employer's contributions to the trustees of the fund or to such other person as the trustees may direct. (4) A person who at the commencement of this Act becomes a person employed in the electricity supply industry pursuant to this Act is not eligible on or after the day he becomes eligible to contribute to the Scheme to become a contributor to any of the funds set out in subclause (1) if he is not already a contributor to any such fund at the time he becomes so eligible to contribute to the Scheme. (5) For the purposes of this clause, the employer shown in the Third Column of the table hereinafter set out and forming part of this subclause shall on the commencement of this Act become and be the successor to the employer shown in the Second Column of the table in respect of' the fund shown in the First Column of the table.

First Column Fund TABLE Second Column Employer I Third Column Successor to Employer The Southern Electric Authority of Queensland The Southern Electric Authority • of The Queensland Electricity Generating Superannuation Fund Queensland Board Cairns Regional Electricity Board Superannuation Fund Cairns Regional Electricity Board Staff Retiring Provident Fund The Cairns Regional Electricity Board The Far North Queensland Electricity Board Capricornia Regional Electricity Board Superannuation Fund ^! The Capricornia Regional Electricity The Capricornia Electricity Board Capricornia Regional Electricity Board Staff Board Retiring Provident Fund Mackay Regional Electricity Board Superannuation Fund Mackay Regional Electricity Board Staff Retiring Provident Fund The Mackay Regional Electricity Board The Mackay Electricity Board 0' rn Townsville Regional Electricity Board Superannuation Fund Townsville Regional Electricity Board Staff Retiring Provident Fund The Townsville Regional Electricity The North Queensland Electricity Board Board oc 'O

00 C First Column Fund TABL E-continued ( Second Column Employer Third Column Successor to Employer Wide Bay-Burnett Regional Electricity Board Superannuation Fund Wide Bay-Burnett Regional Electricity Board Staff Retiring Provident Fund I I The Wide Bay-Burnett Electricity Board Regional i The Wide Bay-Burnett Electricity Board Northern Electric Authority of Queensland Superannuation Fund The Northern Electric Authority of The Queensland Electricity Generating Northern Electric Authority of Queensland] j Queensland I Board Staff Retiring Provident Fund a' ON

Electricity Act 1976, No. 66 631 (6) The trustees of each of the superannuation and provident funds continued in existence pursuant to subclause (1) who are in office at the commencement of this Act shall continue in office as such trustees on such commencement and may exercise all or any of the powers conferred on them by the trust deed and rules thereunder in question and otherwise according to law but subject to the provisions of this Schedule. The trustees of The Southern Electric Authority of Queensland Superannuation Fund who immediately before the commencement of this Act are a body corporate shall continue to be a body corporate on such commencement with the name of " The Southern Electric Authority of Queensland Superannuation Fund " and with the powers as aforesaid being exercised by them as such body corporate. (7) Notwithstanding the provisions of any trust deed or rules thereunder, the Minister shall, in the event of a vacancy occurring in the office of a trustee of a fund or of a trustee failing or refusing to act, appoint a person to fill the vacancy, but in doing so he shall have regard to and take into consideration the provisions of the trust deed and rules thereunder relating to the filling of a vacancy such as has occurred. 3. New employee may contribute to a fund where the Scheme not commenced . (1) Subject to clause 2 (4), a person who becomes employed in the electricity supply industry after the commencement of this Act but before the commencement of the Scheme may be invited by his employer to contribute to the superannuation fund in respect of which the employer becomes and is the employer pursuant to clause 2 (5). (2) Notwithstanding subclause (1), where the employer is the Generating Board, its employee is eligible to be invited to join only the Northern Electric Authority of Queensland Superannuation Fund. (3) If an invitation to contribute pursuant to this clause is accepted by the employee, he shall for all purposes be a member of the fund in question with all the rights, entitlements and liabilities that such membership entails. (4) An employee of the Commission, The South East Queensland Electricity Board or The South West Queensland Electricity Board who becomes employed in the electricity supply industry after the commencement of this Act may be invited by the Commission or the Electricity Board, as the case may be, to contribute to the Northern Electric Authority of Queensland Superannuation Fund, and The Generating Board shall make the necessary arrangements for an employee who elects to so contribute and is otherwise eligible to become a member of such fund. 4. Fund contributors may exercise option . (1) Notwithstanding the provisions of clause 2 (1), a contributor to a fund set out in clause 2 (1) may within the time provided in the Articles therefor or within such extended time as the Superannuation Board may in its discretion allow, it being hereby thereunto authorized, elect to convert his existing interest in that fund to an interest in the Scheme. (2) If the contributor does not make an election in accordance with subclause (1), he shall at the expiration of the time or extended time referred to in that subclause cease to be a contributor to the fund to which he has been a contributor and shall become a contributor to the

832 Electricity Art 1976, No. 66 Scheme with the benefits he had under the fund to which he contributed and he shall retain and have all the existing and accruing rights, privileges and liabilities that he had and that would have accrued to him as a member of such fund. (3) The Superannuation Board and the trustees of the fund in question shall, in respect of an employee who has. elected 1'Iursuant to subclause (1) to transfer to the Scheme, agree upon. the basis for the transfer to the Scheme of an existing interest in the fund or a part of .such., an interest in the. fund in respect of the accrued value in his case of the past service benefits, which shall be equitable in relation to the corresponding transfer of interests of all ether employees who have, pursuant to subclause (1), elected to transfer to the Scheme. (4) In the event of a dispute between the Superannuation Board and the trustees, the `matter shall be referred to the Commission for determination by the Governor in Council. ` The Governor in Council may appoint an independeit person to hear the parties to the dispute and to advise II iimn ,'concerniag the matters in 'dispute. The decision of the Governor-- in' Council shall be final' and. binding on both the Superannuation Board and the trustees. ..5.' Provident funds- to vest in Superannuation Board . (1) The trustees of each of rherprovident funds referred.'to in clause 2 (1), that is to say- t' Cairns Regional°Electiicity Board Staff'Retiring Provident Fund; Capri cornia Regional Electricity Board Staff Retiring Provident Fund; Mackay Regional Electricity Board Staff Retiring Provident Fund; Townsville Regional Electricity Board Staff -Retiring Provident Fund, Wide Bay-Burnett Regional Electricity Board Staff Retiring Provident Fund; and Northern Electric Authority of Queensland Staff Retiring Provident Fund, shall,' upon being called upon by the 'Superannuation Board so 'to do, transfer to the Board the whole of the assets of the fund in question. (2) Upon the assets being transferred in accordance with subclause (I). (a) the amount standing, to the credit of each member of the fund shall be taken to be for all purposes. an ampunt standing to his credit in the Staff Retiring Provident Account; (b) the assets and liabilities of the fund become assets and liabilities of the Superannuation Board; and (c) the trustees of the fund shall go out of.oice and the fund shall cease to exist. 6. Superannuation funds to vest in Superannuation Board . (1) The trustees for the time being of each of the superannuation, funds shown hereunder, that is to say- . The Southern Electric Authority of Queensland Superannuation Fund; Cairns Regional Electricity Board Superannuation Fund; Capricornia Regional Electricity Board Superannuation Fund; Mackay Regional Electricity Board Superannuation Fund; Townsville Regional Electricity Board Superannuation Fund;

Electricity Act 1976, No. 66 y33 Wide Bay-Burnett Regional Electricity Board Superannuation Fund; and Northern Electric Authority of Queensland Superannuation Fund, shall as soon as practicable after the Scheme commences arrange with the Superannuation Board to transfer to the Board the assets of the superannuation fund in question. (2) Any dispute between the trustees of a superannuation fund and the Superannuation Board concerning the transfer of the assets of such superannuation fund to the Board may be referred by either party to the Commission for determination by the Governor in Council. The Governor in Council may appoint an independent person to hear the parties to the dispute and to advise him concerning the matters in dispute. The decision of the Governor in Council shall be final and binding on both parties and not subject to any appeal whatsoever. (3) The Superannuation Board shall keep within the books of account and other records of the Scheme- (a) separate accounts and such particulars of investments as are necessary to record properly and equitably the accruing entitlements in respect of the members of The Southern Electric Authority of Queensland Superannuation Fund- (i) who do not elect to convert their existing interest in such fund to an interest in the Scheme; (ii) who have entitlements arising out of additional voluntary unsubsidized contributions; (iii) who have entitlements pursuant to clause 4 (3): (b) a consolidated account, separate from the other accounts of the Scheme, in respect of the members of the following funds who do not elect to convert their existing interest in the particular fund to an interest in the Scheme:- Cairns Regional Electricity Board Superannuation Fund; Capricornia Regional Electricity Board Superannuation Fund; Mackay Regional Electricity Board Superannuation Fund; Townsville Regional Electricity Board Superannuation Fund; Wide Bay-Burnett Regional Electricity Board Superannuation Fund; and Northern Electric Authority of Queensland Superannuation Fund. Each account specified in this subclause shall be investigated separately at the actuarial valuation and the actuary shall specifically refer to the result of each investigation in his report. (4) Upon the assets of a superannuation fund being transferred in accordance with this clause, the assets and liabilities of the fund become assets and liabilities of the Superannuation Board and the trustees of such fund shall go out of office and the fund shall cease to exist. In the case of The Southern Electric Authority of Queensland Superannuation Fund, the body corporate shall be dissolved. 7. Provisions of Act prevail over provisions of trust deed. Where in any case a provision of any trust deed or rules or other document relating to a fund shown in the First Column of the table forming part of clause 2 (5) is inconsistent with a provision of this Act. the provision of this Act shall prevail.

S34. Electricity Act 1976. N o. 66 8. Existing contributors under Local Government Superannuation Act. (1) Notwithstanding any provisions of the Local Government Superannuation Act 196=1974 or any other Act to the contrary, a permanent employee, within the meaning of the said Local GovernmentSuperannuation Act, of a Local Authority who at the commencement of this Act becomes a person employed in the electricity supply industry pursuant to this Act and who .. the time of such commencement is contributing for a benefit under the provisions of the said LocalGovernment Superannuation Act shall, except as hereinafter provided, continue such contributions and be entitled to the benefits payable with respect thereto. (2) Upon a person referred to in subciause (I) becoming employed in the e!ectricity supply industry pursuant to this Act, his employer shall, for the purposes of the Local Government Superannuation Act 1964-1974, be subject to the provisions of that Act in the same manner and to the same extent as those provisions are applicable to a Local Authority as an employer. (3) An employee who is an employee in the electricity supply industry to whom this clause applies who ceases to be so employed shall for the purposes of the Local Government Superannuation Act 1964-1974 be deemed to have ceased to be employed by a Local Authority on and from the day his employment in the electricity supply industry ceases. (4) (a) The Superannuation Board and The Local Government Superannuation Board may make such agreements as from time to time may be necessary to give effect to any of the applicable provisions of this Schedule. (b) The draft of any proposed agreement pursuant to this subclause shall be submitted to the Commission for the consideration of the Governor in Council. The Governor in Council may by Order in Council approve the making of such agreement and any agreement so made shall have the force of law. 9. Existing contributors to a Brisbane City Council employees' benefit fund . (1) Notwithstanding any provisions of the City of BrisbaneAct1924-1974 or any other Act or any rule of a fund as hereinafter referred to to the contrary, a person who at the commencement of this Act becomes a person employed in the electricity supply industry pursuant to this Act and who at the time of such commencement is contributing to a superannuation or provident or similar fund established for the benefit of employees of the Brisbane City Council shall, except as hereinafter provided, continue such contributions and be entitled to the benefits payable with respect thereto. (2) (a) Upon a person referred to in subclause (1) becoming employed in the electricity supply industry pursuant to this Act, his employer shall- (i) deduct from his pay and remit to the Brisbane City Council or such other person as the Brisbane City Council may require, the contributions of such employee to the fund concerned; (ii) pay to the Brisbane City Council an amount equal to the employer's contribution from time to time in respect of such employee as a contributor;

Electricity Act 1976, No. 66 635 (iii) pay to the Brisbane City Council an amount agreed pursuant to this subclause to compensate the Brisbane City Council for the costs of administration involved. (b) The amount to be so paid as referred to in paragraph (a) (iii) may be in respect of each contributor or a lump sum in respect of all contributors and shall be the amount agreed between the Brisbane City Council and the Commission from time to time. If a lump sum payment is agreed to, the Commission shall pay the amount in the first instance and shall determine how such lump sum shall be apportioned among the different employers, and an amount so apportioned by the Commission in respect of an Electricity Authority shall constitute a debt payable by such Electricity Authority to the Commission, recoverable in any court of competent jurisdiction. (3) An employee who is an employee in the electricity supply industry to whom this clause applies who ceases to be so employed shall in respect of his contributions for benefits be deemed to have ceased to be employed by the Brisbane City Council on and from the day his employment in the electricity supply industry ceases. (4) (a) The Superannuation Board and the Brisbane City Council (including for the purposes of this subclause the trustees of any superannuation, provident or similar fund established for the benefit of employees of the Brisbane City Council) may make such agreements as from time to time may be necessary to give effect to any of the applicable provisions of this Schedule. (b) The draft of any proposed agreement pursuant to this subclause shall be submitted to the Commission for the consideration of the Governor in Council. The Governor in Council may by Order in Council approve the making of such agreement and any agreement so made shall have the force of law. 10. Cessation of contributions to Local Government or Brisbane City Council fund . An employee employed in the electricity supply industry who pursuant to this Schedule has continued to contribute for a benefit under the provisions of the Local Government Superannuation Act 1964-1974 or to a superannuation, provident or similar fund established for the benefit of employees of the Brisbane City Council who under the rules of the fund to which he contributes- (a) would have been required on the occurrence of a circumstance to cease contributing although he was still employed in the service of a Local Authority or the Brisbane City Council.. as the case may be, and that circumstance occurs, shall cease to so contribute; (b) may cease contributing although he is still employed in the service of a Local Authority or the Brisbane City Council, as the case may be, and who applies to so cease, may do so subject to his complying with any conditions precedent to so ceasing to contribute provided for in the rules of the fund: Provided that any employee who ceases contributing to a fund pursuant to this clause shall not be entitled to elect to contribute to the Scheme during the period he continues to be employed in the electricity supply industry unless the Superannuation Board is satisfied that special circumstances exist; and any employee permitted by the Superannuation

836 Electricity Act 1976, No. 66 Board to so contribute. shall not, irrespective of any provision of the Articles to the contrary, be entitled to any benefit from the Scheme related to his service prior to. the date the Superannuation Board permits him to so contribute. 11. Certain former Local Government and Brisbane City Council employees may contribute to a superannuation fund . (1) A person who at the commencement of this. Act becomes a person employed in the electricity supply industry pursuant to. this Act and who prior to becoming so employed was an employee `of a Local- Authority or of the Brisbane City Council who did_ not contribute for any superannuation or similar benefit under the Local Government Superannuation Act 1964-1974 or under a superannuation, provident or similar fur?d established for the benefit of employees of the Brisbane City Council rhay, at any time prior to the time when he may become a contributor tc the Scheme pursuant to section 377, be invited by his employer to contribute to the superannuation fund' in respect of which the employer becomes and is the einployer'pursuant to clause 2 (5) and, subject. to his being otherwise eligible, shall be accepted as a member of such'fund. (2) Notwithstanding subclause (1), where the employer is the Generating Board, its employee is eligible to be `invited.to Join only the Northern Electric Authority of Queensland Superannuation Fund. (3) The Commission or The South East Queensland Electricity Board or The South West Queensland Electricity Board, as the case maybe, may invite its employees to whom this clause applies to contribute to the Northern, Electric Authority of Queensland Superannuation Fund, in, which case the Generating Board shall make all. necessar y arrangements for-any such employee who elects to so contribute and is'athe.rwise eligible to become a contributor to such fund. 12. Local Government. or, Brisbane City .,Council fund contributors may exercise , option . (1) An employee of the electricity supply industry who pursuant.to clause 8 or clause 9. has continued to contribute either for a benefit under the provisions of the Local Government Superannuation Act 1964-1974 or to a superannuation, provident or similar fund established for the benefit of employees. of the Brisbane City Council, notwithstanding the provisions; of such clauses, may within the time provided in the Articles or within such extended time as the Superannuation Board may in its discretion allow, it being hereby thereunto authorized, elect to contribute to the Scheme. (2) The Local Government Superannuation Board or the Brisbane City Council (including for the purposes of this subclause, the trustees of any. superannuation, provident or similar fund established for the benefit of employees of the Brisbane City. Council), as the case may be, and the^uperannuation Board shall confer as to the accruing entitlements of the: employees who pursuant to subclause. (l).elec.t to contribute to the Scheme and, notwithstanding- (a) any provision of the Local .C;o,vernnient Superannuation Act 1964-1974; or, as the case may be, (b) any provision of the City of Brisbane Act1924-1974 or any rule of the relevant superannuation, provident or similar fund established for the benefit of employees of the Brisbane City Council, may make an agreement with respect to such entitlements..

Electricity Act 1976, No. 66 X37 If the Governor in Council is satisfied that any such agreement does not derogate from the rights of the remaining members of any such fund, he may by Order in Council approve such agreement, and on avid from the date of such approval such agreement shall have the force of law. 13. Exemption from stamp duty. Any agreement made or document executed pursuant to this Schedule is exempt from stamp duty. SIXTH SCHEDULE [Section.103 (2)] AREAS OF ELECTRICITY. SUPPLY FOR WHICH ELECTRICITY BOARDS FIRST CONSTITUTED The Areas of electricity supply for which the respective Electricity Boards are first constituted are as follows:- I. Area of electricity supply of The Far North Queensland Electricity Board. That part of the State comprising the whole of the Local Authority areas of the City of Cairns and the Shires of Atherton, Cardwell, Carpentaria, Cook, Croydon, Douglas, Eacham, Etheridge, Herberton, Johnstone, Mareeba, Mulgrave and Torres. 2. Area of electricity supply of The North Queensland Electricity Board. That part of the State comprising the whole of the Local Authority areas of the Cities of Charters Towers, Mount Isa and Townsville and the Shires of Ayr, Boulia. Burke, Bowen, Cloncurry, Dalrymple, Flinders, Hinchinbrook, McKinlay, Richmond, Thuringowa ar.i Winton. 3. Area of electricity supply of The Mackay Electricity Board. That part of the State comprising- (a) the whole of the Local Authority areas of the City of Mackay and the Shires of Mirani, Nebo, Pioneer, Proserpine and Sarina; (b) that part of the Local Authority area of the Shire of Broadsound commencing at a point on the shore of the South Pacific Ocean east from the eastern extremity of the northern boundary of portion 48, parish of Long Hill, by a line thereto and bounded thence by the boundaries of the parishes of Long Hill, West Hill and Porphyry Hill generally westerly, south-westerly and south-easterly to the western-most corner of portion 13, parish of Porphyry Hill, by the north-western and northern boundaries of that portion, the northern boundary of portion 46 and a line in continuation north-easterly and easterly to the shore of the South Pacific Ocean and by that shore generally northerly to the point of commencement and inclusive of the whole of Aquila Island; and (c) that part of the Local Authority area of the Shire of Belyando within and bounded by a 7 kilometre radius from the south-western corner of Section 9, Town of Moranbah. 4. Area of electricity supply of The Capricornia Electricity Board. That part of the State comprising- (a) the whole of the Local Authority areas of the Cities of Rockhampton and Gladstone and the Shires of Aramac, Banana, Barcaldine, Barcoo, Bauhinia, Blackall, Calliope, Diamantina, Duaringa, Emerald, Fitzroy, Ilfracombe, Isisford, Jericho, Livingstone, Longreach, Monto, Mount Morgan, Peak Downs and Tambo;

838 Electricity Act 1976, No. 66 (b) the whole of the Local Authority area of the Shire of Belyando except that part within and bounded by a 7 kilometre radius from the south-western corner of Section 9, Town of Moranbah; (c) the whole of the Local Authority area of the Shire of Broadsound except that part commencing at a point on the shore of the South Pacific Ocean east from the eastern extremity of the northern boundary of portion 48, parish of Long Hill, by a line thereto and bounded thence by the boundaries of the parishes of Long Hill, West Hill and Porphyry Hill generally westerly, south-westerly and south- easterly to the western-most corner of portion 13, parish of Porphyry Hill, by the north-western and northern boundaries of that portion, the northern boundary of portion 46 and a line in continuation north-easterly and easterly to the shore of the South Pacific Ocean and by that shore generally northerly to the point of commencement and inclusive of the whole of Aquila Island; and (d) the whole of the Local Authority area of the Shire of Miriam Vale except that part commencing at the junction of Baffle and Bottle Creeks east from the north-eastern corner of portion 149, parish of Tottenham and bounded thence by the right bank of Baffle Creek upwards to the north-eastern corner of portion 1, parish of Rosedale, by that portion and portion 101v southerly, south-easterly, south-westerly and westerly to the south-western corner of the latter portion, by R.14 Camping and Water Reserve, portions 95v, 96v and 98v generally southerly to the south-eastern corner of the last mentioned portion, by a line south-easterly to the eastern-most corner of portion 107v, by that portion and portion 106v south-westerly to the right bank of Murray's Creek, by that bank upwards to the north-western corner of portion 133, by the northern boundary of that portion and the western alignment of the road intersecting portions 133 and 134 easterly, southerly, easterly and again southerly to portion 154, by that portion and portion 153 generally easterly to the north-eastern corner of the latter portion, and by a line forming the common boundary of the Local Authority areas of the Shires of Miriam Vale and Gooburrum generally northerly to the point of commencement. 5. Area of electricity supply of The Wide Bay- Burnett Electricity Board. That part of the State comprising- (a) the whole of the Local Authority areas of the Cities of Bundaberg and Maryborough and the Shires of Biggenden, Eidsvold, Hervey Bay, Gayndah, Gooburrum, Isis, Kilkivan, Kingaroy, Kolan, Mundubbera, Murgon, Nanango, Perry, Tiaro, Wondai, Woocoo and Woongarra; (b) the whole of Division 4 of the Local Authority area of the Shire of Rosalie as shown on plan S.C.94 deposited in the Office of the Surveyor-General; and (c) that part of the Local Authority area of the Shire of Miriam Vale commencing at the junction of Baffle and Bottle Creeks east from the north-eastern corner of portion 149,

Electricity Act 1976, No. 66 839 parish of Tottenham and bounded thence by the right bank of Baffle Creek upwards to the north-eastern corner of portion 1, parish of Rosedale, by that portion and portion 101v southerly, south-easterly, south-westerly and westerly to the south-western corner of the latter portion, by R.14 Camping and Water Reserve, portions 95v, 96v and 98v generally southerly to the south-eastern corner of the last mentioned portion, by a line south-easterly to the eastern-most corner of portion 107v, by that portion and portion 106v south-westerly to the right bank of Murray's Creek, by that bank upwards to the north-western corner of portion 133, by the northern boundary of that portion and the western alignment of the road intersecting portions 133 and 134 easterly, southerly, easterly and again southerly to portion 154, by that portion and portion 153 generally easterly to the north-eastern corner of the latter portion, and by a line forming the common boundary of the Local Authority areas of the Shires of Miriam Vale and Gooburrum generally northerly to the point of commencement. 6. Area of electricity supply of The South East Queensland Electricity Board. That part of the State comprising- ( a) the whole of the area of the City of Brisbane within the meaning of the City of Brisbane Act1924-1974; and (b) the whole of the Local Authority areas of the Cities of Gold Coast, Gympie, Ipswich and Redciiffe and the Shires of Albert, Beaudesert , Boonah, Caboolture, Esk. Gatton, Kilcoy, Laidley, Landsborough, Maroochy, Moreton, Noosa, Pine Rivers, Redland and Widgee. 7. Area of electricity supply of The South West Queensland Electricity Board. That part of the State comprising- (a) the whole of the Local Authority areas of the Cities of Toowoomba and Warwick, the Towns of Dalby and Roma and the Shires of Allora, Balonne, Bendemere, Booringa, Bulloo, Bungil, Cambooya, Chinchilla, Clifton. Crow's Nest, Glengallan, Jondaryan, Millmerran, Murilla, Murweh, Paroo, Pittsworth, Quilpie. Rosenthal, Tara, Taroom, Wambo and Warroo; (b) the whole of Divisions 1, 2 and 3 of the Local Authority area of the Shire of Rosalie as shown on plan S.C.94 deposited in the Office of the Surveyor-General; and (c) the whole of the Local Authority area of the Shire of Stanthorpe except that part commencing at a point on the Queensland-New South Wales border south from the southern extremity of the eastern boundary of portion 81, parish of Ballandean, by a line thereto and bounded thence by the south-eastern boundaries of portions 81 and 80 north-easterly to the eastern corner of the latter portion, by a line crossing the Southern Railway north-easterly to a point on the south-western boundary of portion 76, parish of Tenterfield, by the south-western and south-eastern boundaries of that portion south-easterly and north-easterly to its eastern corner, by a line easterly to the north-western

840 Electricity Act 1976, No. 66 corner of portion 66, by the northern boundaries of that portion and portion 81, by a line and the northern boundaries of portions 84 and 127 easterly to the eastern-most corner of the last mentioned portion, by a line south-easterly to the Queensland-New South Wales border, and by that border generally south-westerly and westerly to the point of commencement.