Electricity Act Amendment Act 1980 (Qld)

142 Q ANNO VICESIMO NONO ELIZABETIIAE SECUNDAE REGINAE Noe 15 of 1980 An Act to amend the Electricity Act 1976-197 9 in certain Particul ars and for related purposes [ASSENTED TO 2ND MAY, 1980]

Electricity Act Amendment Act 1980 , No. 15 143 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:- 1. Short title and citation . (1) This Act may be cited as the Electricity Act Amendment Act 1980. (2) In this Act the Electricity Act1976-1979 is referred -to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Electricity Act1976-1980. 2. Amendment of s. 3. Section 3 of the Principal Act is amended by, in the reference to Division V under the heading "PART VI- BUDGETS AND ACCOUNTS OF ELECTRICITY AUTHORITIES;", omitting the words "Provisions and ". 3. Amendment of s. 6. Section 6 of the Principal Act is amended by- (a) inserting after the term " Area " and its meaning the following term and meaning:- " " books and accounts " means, in respect of a body constituted pursuant to this Act other than the Commission, the records, howsoever compiled, recorded or stored and whether in written or printed form or on microfilm or by electronic process or otherwise, of transactions in respect of moneys or property belonging to or in the possession of such body expressed in money or, in the case of property, money or other units of measurement required to be established and kept for the purposes of this Act. The term includes books, documents, writings, money forms, abstracts, vouchers and other records of any kind from which accounts have been compiled and information and records of any kind to which the Auditor-General thinks he ought to have recourse in the conduct of an audit;"; (b) in the meaning of the term " electrical installation ", inserting after paragraph (b) the following paragraph:- (c) electric lines and works constructed and used by the Commissioner for Railways as part of a system of electric traction or for signalling purposes on a railway constructed and operated pursuant to the provisions of the Railways Act 1914-1978;"; (c) inserting in the meaning of the tern ','electrical linesman ", after the word " lilies ", the words ", including street lighting connected thereto,"; (d) omitting the word " lines " occurring in the term " service lines " and substituting the word " line "; (e) inserting in the meaning of the term " undertaking ", after the wdrd " lands ", the words " or any rights or interests over or in respect of lands ".

144 Electricity Act Amendment Act 1980, No. 15 4. Amendment of s. 7. Section 7' of the Principal Act is amended b 44 y : inserting at the end thereof the following proviso Provided, however, that the Commissioner for Railways is not bound by this Act with respect to any matter relating to electric lines and works referred to in paragraph (c) of the definition of the term " electrical installation " " 5. Amendment of s. 12. Section 12 of the Principal Act is amended by inserting after subsection (1) the following subsection:- " (IA) It is declared that the person holding the office of secretary to the Commission immediately prior to the day of commencement of this Act is and has been for all purposes the holder of such office since his appointment thereto under The State Electricity Commission Acts, 1937 to 1965 and, on the commencement of this Act, under this Act notwithstanding that his appointment to such office by the Governor in Council was expressed to be made under The Public Service Act of 1922 as amended (howsoever cited) without reference to The State Electricity Commission Acts, 1937 to 1965,". 6. Amendment of s. 20 . Section 20 of the Principal Act is amended by- (a) in subsection (3), omitting all words of the subsection occurring after the words " submit to the Minister " and substituting the words ", in relation to employees, a list setting out in respect of each particular classification of employees the numbers of employees it considers are necessary as employees of the Commission for the purposes of this Act and the numbers actually employed at the date to which the list relates."; (b) omitting the word " statement " occurring once in each of subsections (4), (5) and (6) and substituting in each case the word " list "; (c)' in subsection (7)- (i) omitting the words " and classes "; (ii) inserting after the words " of employees " the words " of each particular classification ". 7. Amendment of s. 35. ' Section 35 of the Principal Act is amended by- (a) omitting the expression " (1) " occurring after the note to the section; (b) omitting subsections (2) and (3). 8. Amendment of s. 36 . Section 36 of the Principal Act is amended by inserting after paragraph (m) the following paragraph:- (ml) subject to the approval of the Governor in Council, may, solely or jointly with an Electricity Authority, negotiate and enter into an agreement for the supply of coal or other natural resource to be used in connexion with the generation and supply of electricity;".

Electricity Act Amendment Act 1980 , No. 15 145 9. Amendment of s. 42. Section 42 of the Principal Act is amended by- (a) in subsection (2), omitting the words " publish in the Gazette a notice " and substituting the words " submit to the Treasurer a statement "; (b) omitting subsection (3) and substituting the following subsection:- " (3) The allocation of moneys for each year shall be subject to the approval of the Treasurer who may vary any such allocation at any time and from time to time during the year in such manner and to such extent as he thinks fit."; (c) omitting subsection (4). 10. Amendment of s. 62. Section 62 of the Principal Act is amended by- (a) in subsection (1), omitting all words occurring after the words " it is necessary to restrict " and substituting the following words:- 44 (a) the classes of consumers that may receive a supply of electricity; (b) the maximum demand that may be imposed on the undertaking or any part thereof by an electrical installation; (c) the purposes for which electricity supplied may be used; (d) the electrical articles that may be used by consumers entitled to be supplied with electricity by that Electricity Authority through its undertaking or the part thereof to which an order as hereinafter referred to applies, it may, with the approval of the Minister, by order, impose restrictions as aforesaid in such manner and to such extent as it considers necessary in the circumstances including (with respect to electrical articles, without limit to the power of the Commission to define the manner and extent of the restrictions as aforesaid imposed by it) the prohibition of the use of specified electrical articles."; (b) in subsection (6), inserting after paragraph (b) the following paragraph:- (c) causes or permits or allows the maximum demand that may be imposed on the undertaking or any part thereof by an electrical installation pursuant to an order under this section to be exceeded by his electrical installation,". 11. Amendment of s. 68. Section 68 of the Principal Act is amended by, in subsection (3), omitting paragraph (c) and substituting the following paragraph: " (c) apply in respect of each consumer for all electricity consumed after the day specified by the Commission in the said determination, such day being not earlier than the date of the publication of the determination in the Gazette, and- (i) electricity consumed between the meter reading next before the day specified in the determination and the meter reading

146 Electricity Act Amendment Act 1980, No. 15 next after such day shall be deemed to have been used at a uniform daily rate; and (ii) the method to be used in calculating the charge for electricity supplied during the billing period in which the day specified occurs shall be set out in the determination,". 12. Repeal of and new s. 71 . Section 71 of the Principal Act is repealed and the following section is substituted:- " 71. Commission to ensure adequacy of price. The price to be charged by- (i) the Generating Board for electricity supplied in bulk to another Electricity Authority; (ii) an Electricity Authority for the supply of electricity to a consumer of that Electricity Authority (including the supply of electricity to lighting on a road) shall from time to time be altered so as to ensure to the Generating Board or, as the case may be, other Electricity Authority for each year sufficient moneys with all other receipts of such Electricity Authority that are required to be paid into the Operating Fund established and kept pursuant to this Act- (a) to pay the amounts that are in accordance with this Act to be met from the Operating Fund; (b) to make the provision for capital works and the contribution towards the equalization of tariffs provided for in this Division; (c) to make a contribution to a reserve authorized by this Act.". 13. Repeal of and new s. 73. Section 73 of the Principal Act is repealed and the following section is substituted:- " 73. Provision for capital works. (1) The Commission may require an Electricity Authority to provide in any financial year an amount of money- (a) to be expended on capital works in that financial year; (b) to be transferred to a capital works reserve account; (c) to repay loan indebtedness; or (d) to be paid to another Electricity Authority for expenditure on capital works or amounts of money for more than one or for all of those purposes. (2) Any amount of money to be provided pursuant to subsection (1) shall be as fixed by the Commission. (3) Where the Commission fixes an amount of money to be paid by an Electricity Authority to another Electricity Authority for expenditure by the latter Authority on capital works, the Governor in Council shall determine the terms and conditions under which such amount of money shall be made available. (4) If the Governor in Council determines that the amount of money in question shall be repayable over a period of years with or without

Electricity Act Amendment Act 1980 , No. 15 147 interest, the repayments shall constitute a debt due and repayable by the Electricity Authority that received the amount of money to the Electricity Authority that provided it.". 14. Amendment of s. 98 . Section 98 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " and classes " where twice occurring; (ii) inserting after the words " of employees " where twice occurring the words " of each particular classification "; (b) in subsection (5)- (i) omitting the words " and classes " where twice occurring; (ii) inserting after the words " of employees " where twice occurring the words " of each particular classification "; (c) in subsection (6)- (i) omitting the words " and classes "; (ii) inserting after the words " of employees " the words " of each particular classification ". 15. Amendment of s. 99. Section 99 of the Principal Act is amended by, in paragraph (c)- (a) omitting the words " Such agreement shall-" and substituting the words " Where the Governor in Council so directs or approves as aforesaid, he may specify the prices and methods of charge or other terms and conditions to be included in the agreement and, where so specified, they shall be included in the agreement accordingly. Subject to the foregoing, such agreement shall-"; (b) inserting after subparagraph (iii) the following subparagraph:- "(iv) not be altered without the approval of the Governor in Council;". 16. New s. 99A. The Principal Act is amended by inserting after section 99 the following section:- "99A. Efficient and economic operation of Generating Board. (1) The operations of the Generating Board in accordance with this Act shall be conducted efficiently and economically and in such a manner as to avoid waste and extravagance. (2) The Generating Board- (a) shall ensure that an adequate internal audit organization is maintained by it or on its behalf; and (b) shall do whatever it is practicable to do to ensure- (i) that its procedures are such as will at all times afford proper control over receipts and expenditure; (ii) that expenditure is for lawful purposes and is made in compliance with the prescribed requirements; and (iii) that reasonable value is obtained for moneys expended.".

148 Electricity Act Amendment Act 1980, No. 15 17. Amendment of s. 128 . Section 128 of the Principal Act is amended by- (a) in subsection (I)- (i) omitting the words " and classes " where twice occurring; (ii) inserting after the words " of employees " where twice occurring the words " of each particular classification "; (b) in subsection (5)- (i) omitting the words " and classes " where twice occurring; (ii) inserting after the words " of employees " where twice occurring the words " of each particular classification "; (c) in subsection (6)- (i) omitting the words " and classes (ii) inserting after the words " of employees " the words " of each particular classification ". 18. Amendment of s. 129. Section 129 of the Principal Act is amended by inserting after paragraph (h) the following paragraph:- (hl) may, with the approval of the Governor in Council, make a contribution towards the cost incurred- (i) by the holder of a licence under this Act; or (ii) by an Electricity Authority not being another Electricity Board in making a public supply of electricity available in Queensland;". 19. New s. 129A. The Principal Act is amended by inserting after section 129 the following section:- " 129A. Efficient and economic operation of Electricity Board. (1) The operations of an Electricity Board in accordance with this Act shall be conducted efficiently and economically and in such a manner as to avoid waste and extravagance. (2) An Electricity Board- (a) shall ensure that an adequate internal audit organization is maintained by it or on its behalf; and (b) shall do whatever it is practicable to do to ensure- (i) that its procedures are such as will at all times afford proper control over receipts and, expenditure; (ii) that expenditure is for lawful purposes and is made in compliance with the prescribed requirements; and (iii) that reasonable value is obtained for moneys expended.". 20. Amendment of s. 131. Section 131 of the Principal Act is amended by- (a) in subsection (2) inserting after the words " dissolved Electricity Board shall " occurring in paragraph (c) the words " , without any transfer, assignment or conveyance or notice other than this Act,";

Electricity Act Amendment Act 1980 , No. 15 149 (b) inserting after subsection (7) the following subsection:- (8) The Registrar of Titles, Registrar of Dealings or other person required by any Act or law to make or enter any note or memorial on any instrument of title to land or other record relating to any right, title, estate or interest in land on receiving notice thereof shall, upon the written request of an Electricity Board in which any right, title, estate or interest in land vests pursuant to this section, register the Electricity Board for or with respect to the right, title, estate or interest in such land, and for that purpose may make every entry, cancellation and correction in any register, record or book in his custody or under his control and do and execute such other acts, matters and things as shall to him appear necessary and proper. As soon as practicable after such vesting as aforesaid, the Electricity Board shall make the written request referred to. In any case where a written request is in respect of the vesting of an easement , production of the instrument of title to the land in question is not required when such request is made and the said Registrar of Titles, Registrar of Dealings or other person is authorized to make any necessary entries on the instrument of title when it is next produced to him.". 21. Amendment of s. 135. Section 135 of the Principal Act is amended by inserting after the words " to such agreement " the words " and approved by the Commission ". 22. New s. 137A. The Principal Act is amended by inserting after section 137 the following section: " 137A. Registration entries with respect to land vested . (1) Where there is a transfer and vesting of any part of the undertaking of an Electricity Authority to and in another Electricity Authority pursuant to this Division involving a right, title, estate or interest in land, the provisions of section 131 (8) apply with respect to this Division as fully and effectually as they apply with respect to section 131 and, in relation thereto- (a) a reference to " Electricity Board " shall be read as a reference to " Electricity Authority "; (b) a reference to "section" shall be read as a reference to " Division ". (2) The Electricity Authority making the request shall certify in writing to the Registrar of Titles, Registrar of Dealings or other person referred to in the said section 131 (8) that the provisions of this Division with respect to the transfer and vesting have been complied with, and such certificate shall be sufficient evidence to the Registrar of Titles, Registrar of Dealings or other person of the correctness of what is certified to therein.". 23. Amendment of s. 152. Section 152 of the Principal Act is amended by, in subsection (2), omitting the expression " two-phase " and substituting the words 'two phase ".

150 Electricity Act Amendment Act 1980, No. 15 24. Amendment of s. 154. Section 154 of the Principal Act is amended by, in subsection (2), omitting the expression " 33 000 " where twice occurring and substituting in each case the expression " 22 000 ". 25. Amendment of s. 158. Section 158 of the Principal Act is amended by- (a) in the note to the section, omitting the words "to other consumers " and substituting the words " of electricity "; (b) in subsection (1), omitting the words " to any other person " where three times occurring. 26. Amendment of s. 162. Section 162 of the Principal Act is amended by, in subsection (1), inserting after the words " distribution system " where twice occurring the words " or the provision of additional generating plant ". 27. Amendment of s. 165. Section 165 of the Principal Act is amended by, in subsection (1), inserting after the words " distribution system" the words " , the provision of additional generating plant ". 28. Amendment of s. 169. Section 169 of the Principal Act is amended by, in subsection (2)- (a) inserting after the word " require " the words " either a non-repayable capital contribution related to the estimated expense of providing and maintaining a standby supply or "; (b) inserting after the word " premises " the words " or it may require a non-repayable capital contribution in addition to a minimum annual payment as aforesaid ". 29. Amendment of s. 170. Section 170 of the Principal Act is amended by, in subsection (1), omitting all words occurring in paragraph (b) after the words " in a manner to provide that " and substituting the words " there is effective isolation between all conductors of that part of the electrical installation or, as the case may be, electrical installations to which the plant is connected and the part of the electrical installation still connected to the supply from the Electricity, Authority or holder of the licence except that, where the electrical installation is earthed as part of a multiple earthed neutral system of earthing, the neutral conductor shall not be broken unless otherwise approved in writing by the Commission;". 30. Amendment of s. 171. Section 171 of the Principal Act is amended by, in subsection (1)- (a) omitting the words " and the owner of a private generating plant may enter into an agreement " and substituting the words " may with the approval of the Commission enter into an agreement with the owner of a private generating plant "; (b) inserting after the words " from the private generating plant." the words " A draft of the agreement proposed shall be submitted to the

Electricity Act Amendment Act 1980 , No. 15 151 Commission, and the agreement shall not be entered into unless and until the Commission has approved the basis of determining the prices to be charged and the other terms and conditions of the agreement.". 31. Amendment of s. 173. Section 173 of the Principal Act is amended by- (a) in the note to the section, omitting the words " Transformer substations " and substituting the word " Substations "; (b) in subsection (1), omitting the word " transformer "; (c) in subsection (2)- (i) omitting the word " transformer "; (ii) omitting the word " doorway " where twice occurring and substituting in each case the word " door "; (iii) omitting the word " suitable " and substituting the word additional "; (d) in subsection (4), omitting the word " transformer "; (e) in subsection (7), omitting the word " transformer " where twice occurring; (f) in subsection (15)- (i) omitting the words " and ceiling " and substituting the words ", ceiling and access doors, such walls or enclosure, ceiling and access doors being suitably painted,"; (ii) omitting the word " transformer "; (iii) inserting after the words " located and installed " the words ", provision, where required by the Electricity Authority, of suitable lighting and general power outlets "; (g) in subsection (16), omitting the word " transformer ". 32. Amendment of s. 182 . Section 182 of the Principal Act is amended by inserting after subsection (3) the following subsection: " (4) If the electrical installation was disconnected at a point within the works of an Electricity Authority, it shall not be re-connected except by an employee of such Authority.". 33. Amendment of s. 191. Section 191 of the Principal Act is amended by inserting after subsection (5) the following subsection:- " (6) An Electricity Authority may seal in manner determined by it a meter or control apparatus referred to in this section, and a person not authorized by the Electricity Authority so to do shall not break or otherwise interfere with any such seal.". 34. Amendment of s. 197. Section 197 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections : - " (1) An Electricity Authority may cut off the supply of electricity to an electrical installation where the consumer is a person who has failed for any reason whatsoever to pay within the time allowed any charge for

152 Electricity Act Amendment Act 1980, No. 15 electricity or any other sum due to such Electricity Authority in respect of the supply of electricity to him at such installation or elsewhere within the Area of the Electricity Authority and for that purpose may cut off or disconnect works through which electricity is supplied. (2) Until such charge or other sum due and any fees prescribed for disconnexion and re-connexion are fully paid but no longer, the Electricity Authority may discontinue the supply of electricity to such electrical installation (and may refuse an application from another person for a supply of electricity) where the person who has failed to pay such charge or other sum due and any such fees resides on the premises.". 35. Amendment of s. 200. Section 200 of the Principal Act is amended by inserting after subsection (5) the following subsection:-- " (6) Land or an easement on or with respect to land may, with the prior approval of the Commission, be taken, resumed or acquired in accordance with this section by or on behalf of Electricity Authorities jointly, and this section shall apply in relation thereto accordingly: Provided that in the case of an easement- (a) it shall be held for the joint use and benefit of the Electricity Authorities in question; (b) each Electricity Authority shall have equal rights and responsibilities with respect to the use of the easement; (c) where there is a vesting in or transfer to and vesting in an Electricity Authority of the interest of another Electricity Authority in the easement pursuant to section 131 or Division III of Part III so that more than one Electricity Authorities have or continue to have interests therein, it shall be held jointly by the Electricity Authorities in question; (d) should one of the Electricity Authorities jointly holding the easement be dissolved or otherwise go out of existence, its interest in the easement shall, subject to this Act, vest in its successor in law and not in the joint holder of the easement unless the joint holder is also the successor in law,". 36. Amendment of s. 230. Section 230 of the Principal Act is amended by, in subsection (1)-- (a) inserting in paragraph (a), after the words " Division V of Part II ", the words " or by another Electricity Authority pursuant to section 73 "; (b) omitting the word " and " occurring between paragraphs (d) and (e); (c) omitting paragraph (e) and substituting the following paragraphs:- (e) provided for expenditure on capital works from any other fund established and kept by the Authority; and (f) being the proceeds from the sale of any asset, including scrap material.".

Electricity Act Amendment Act 1980, No. 15 153 37. Amendment of s. 231. Section 231 of the Principal Act is amended by- (a) in. subsection (1), omitting paragraph (b); (b) in subsection (2), omitting paragraph (c). 38. Amendment of s. 233. Section 233 of the Principal Act is amended by inserting after subsection (1) the following subsection:- " (IA) Notwithstanding subsection (1) (c), an Electricity Authority may, if it determines so to do, keep a separate bank account to record the transactions in the Appliance Trading Fund in lieu of using the general bank account for- that purpose.". 39. Amendment of s. 234. Section 234 of the Principal Act is amended by, in subsection (1), inserting after the word " prescribed " the words " or as set out in a uniform practice manual compiled and published pursuant to section 444 ". 40.. Amendment of s. 235. Section 235 of the Principal Act is amended by- (a) in subsection (1), inserting after the word " prescribed " the words " or as set out in a uniform practice manual compiled and published pursuant to section 444 "; (b) omitting subsection (2) and substituting the following subsections:- "(2) Such financial statements shall include- (a) notes that fairly explain variations between actual receipts and disbursements for the year in question and the budgeted receipts and disbursements for that year or the comparable receipts and disbursements for the previous year as may be appropriate in the circumstances; (b) a statement of the significant accounting principles involved in the preparation of the financial statements; (c) details of each significant contingent asset and liability; and (d) a statement comparing- (i) the total of the amounts paid by the Electricity Authority for redemption of - loan indebtedness, sinking fund contributions and the provision for capital works made pursuant to Division IX of Part II; with (ii) a calculation of depreciation, at rates determined having regard to the depreciation rates applied by other major electricity authorities in Australia and the estimated life of the relevant assets. (3) The financial statements of the Electricity Authority shall be certified in the manner and form prescribed or as set out in a uniform practice manual compiled and published pursuant to section 444. 6

154 Electricity Act Amendment Act 1980, No. 15 (4) A table setting out a consolidation of amounts paid and calculated pursuant to subsection (2) (d) shall be included in the financial report of the Commission submitted to Parliament pursuant to section 434. (5) Until the annual -'statements have been audited pursuant to section 441 and submitted to Parliament pursuant to section 434, none of them shall be sold or otherwise made available to any person other than- (a) the Minister, the Auditor-General or the Commission; (b) an authorized officer of the Minister, the Auditor-General or the Commission; or (c) a member or employee of the Electricity Authority.". 41. Amendment of heading . The heading occurring after section 245 is amended by omitting the words " Proyisions and ". 42. Repeal of ss. 246 and 247. Sections 246 and 247 of the Principal Act are repealed. 43. Amendment of s. 251. Section 251 of the Principal Act is amended by- (a) in subsection (10)- (i) omitting the word " or " occurring between paragraphs (d) and (e) ; (ii) inserting after paragraph (e) the following paragraph:- 66 (f) in the case of a contract for consulting or similar professional services, provided that the Electricity Authority shall not delegate to the General Manager authority to enter into any such contract where the estimated cost involved is $20 000 (or such other amount as may be fixed fro r n time to time in accordance with paragraph ( a) of subsection ( 9)) or more."; (b) in subsection ( 12), omitting the word " The " and substituting the words " Save in the case of a sale of land, the ". 44. Amendment of s. 252. Section 252 of the Principal Act is amended by, in subsection (1), inserting after the words " lowest tender " occurring in paragraph (b) the words " or, in the case of a sale, the highest tender ". 45. Amendment of s. 265. Section 265 of the Principal Act is amended by, in subsection (2)- (a) omitting the word " section " and substituting the word " subsection "; (b) inserting at the end thereof the following proviso:- 66 Provided that, in any case where the Commission and'each Statutory Approvals Authority have determined a uniform fee to be charged throughout the Commonwealth for examining and testing any prescribed

Electricity Act Amendment Act 1980, No. 15 155 electrical article, that fee shall be deemed to be the cost determined by the Commission in respect of the examination and test of the article in question ". 46. Amendment of s. 295. Section 295 of the Principal Act is amended by- (a) making the existing provisions subsection (1) of the section by inserting the expression " (1) " after the note to the section; (b) inserting after subsection (1) the following subsections:- (2) It is declared that paragraphs (d) and (e) of subsection (1) do not operate to exclude from the provisions of this Act- (a) an electrical article used; (b) a cathodic protection system installed; or (c) a person, not being the owner of a metalliferous mine in which the only source of electricity supply is a private plant not exceeding 75 kilowatts in capacity, who performs electrical work within the limits of a mine or on a private plant or electrical installation that is subject to inspection pursuant to the provisions of The Petroleum Acts, 1923 to 1967. (3) It is declared that the Commission's powers under Division I of Part VIII extend to and apply within the limits of a mine and to a private plant or electrical installation that is subject to inspection pursuant to the provisions of The Petroleum Acts, 1923 to 1967.". 47. Amendment of s. 324. Section 324 of the Principal Act is amended by, in subsection (2), omitting the word " artificial ". 48. Amendment of s. 355. Section 355 of the Principal Act is amended by inserting after subsection (I) the following subsections:- " (IA) The chairman or, where any other member of the Superannuation Board is authorized by a resolution of the Board so to do, such other member shall affix the official seal to any document or other writing where such affixing is necessary for or incidental to the exercise of any of the powers or functions or the performance of any of the duties of the Superannuation Board. (IB) The official seal shall not be affixed to any document or other writing save under the authority of a resolution of the Superannuation Board and in the presence of the secretary to the Board.". 49. New s. 364A. The Principal Act is amended by inserting after section 364 the following section:- " 364A. Disqualification of member of Superannuation Board from voting. (1) If a member of the Superannuation Board has any pecuniary interest , direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Superannuation Board at which the contract or proposed contract or other matter is the subject for

156 Electricity Act Amendment Act 1980, No. 15 consideration , he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or proposed contract or other matter. (2) For the purposes of this section, a person shall (subject as hereinafter in this subsection provided ) be treated as having indirectly a pecuniary interest in a contract or proposed contract or other matter if- (a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or (b) he is a partner or is in the employment of a person with whom the contract is made or is proposed to be made, or who has direct pecuniary interest in the other matter under consideration: Provided that- (i) this subsection shall not apply to membership of or employment under any public body, and nor shall it apply to a member of the Superannuation Board by reason only that he is a contributor to the Scheme.or to one of the funds continued in existence pursuant to clause 2 of the Fifth Schedule; (ii) a member of a company or other body shall not by reason only of his membership be treated as being so interested if- (A) he has no beneficial interest in any shares or stock of that company or other body; (B) his membership of that company or other body consists only in his holding shares or stock of that company or other body, that company or other body consists of 50 persons at the least, and he is not a director of, and does not directly participate in the management of, that company or other body. (3) In the case of married persons living together, the interest of one spouse shall if known to the other be deemed for the purposes of this section to be also an interest of that other spouse. (4) A general notice given in writing to the secretary of the Superannuation Board by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice. (5) The secretary shall record in a book to be kept for the purpose particulars of any disclosure made under subsection (1) and of any notice given under subsection (4), and the book shall be open at all reasonable hours to the inspection of any member of the Superannuation Board.

Electricity Act Amendment Act 1980, No. 15 157 (6) The Minister, with respect to a member of the Superannuation Board, may, subject to such conditions as the Minister may think fit to impose, remove any disability imposed by this section in any case in which the number of members of the Superannuation Board so disabled at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Minister that it is in the interests of the Superannuation Board that the disability should be removed. (7) The Superannuation Board may by resolution provide for the exclusion of a member of the Board from a meeting of the Board whilst any contract, proposed contract or other matter in which he has such an interest as aforesaid is under consideration.". 50. New ss. 368A and 368B . The Principal Act is amended by inserting after section 368 the following sections:- " 368A. Efficient and economic operation of Board. (1) The Superannuation Board shall perform and carry out its functions and duties under this Act efficiently and economically and in such a manner as to avoid waste and extravagance. (2) The Superannuation Board- (a) shall ensure that an adequate internal audit organization is maintained by it or on its behalf; and (b) shall do whatever it is practicable to do to ensure- (i) that its procedures are such as will at all times afford proper control over receipts and expenditure; (ii) that expenditure is for lawful purposes and is made in compliance with the prescribed requirements; and (iii) that reasonable value is obtained for moneys expended. 368B . Delegation by Board. (1) The Superannuation Board may by resolution delegate to the manager, the secretary or to any specified employee of the Board either wholly or in part and either permanently or for a limited period and subject to such limitations as may be contained in the resolution or as may be prescribed any of the powers, functions or duties of the Board except- (a) this power of delegation; and (b) the power to borrow money, and may by subsequent resolution vary any such delegation or withdraw any such delegation either wholly or in part. (2) No act of the manager, secretary or specified employee done within the scope of any such delegation during the period such delegation is in force shall be invalidated by reason of the subsequent variation or withdrawal of the delegation. (3) No delegation shall prevent the exercise of any power or function or the performance of any duty by the Board.". 51. Amendment of s. 369. Section 369 of the Principal Act is amended by- (a) inserting in the note to the section, after the word " Investments ", the words " and banking ";

158 Electricity Act Amendment Act 1980, No. 15 (b) inserting after subsection (2) the following subsections:- (3) The Superannuation Board shall keep such bank accounts as it thinks fit for the purposes of the Scheme. (4) The Superannuation Board may obtain temporary accommodation- . (a) from a bank by way of an overdraft or other short term arrangement; (b) by drawing or accepting a bill of exchange; (c) with the prior approval of the Governor in Council, in any.other manner, and with respect thereto the approval of the Governor in Council may be either a continuing approval of a particular form of temporary accommodation or an approval for a specific borrowing, and for the purpose of obtaining temporary accommodation pursuant to this subsection may create a charge over the assets of the Scheme or any of them.". 52. Amendment of s. 374. Section 374 of the Principal Act is amended by- (a) in subsection (2), omitting the words " and the Auditor-General." and substituting the words Before issuing a direction pursuant to this subsection, the Commission shall consult with and have due regard to suggestions made by the Auditor-General."; (b) inserting after subsection (2) the following subsection:- (3) Until the financial statements prepared pursuant to subsection (1) have been audited pursuant to section 441 and submitted to Parliament pursuant to section 434, none of them shall be sold or otherwise made available to any person other than- (a) the Minister, the Auditor-General or the Commission; (b) an authorized officer of the Minister, the Auditor-General or the Commission; or (c) a member or one of the staff of the Superannuation Board.". 53. Amendment of s. 380 . Section 380 of the Principal Act is amended by omitting subsection (I) and substituting the following subsection:- (1) A person- (a) who, immediately prior to the commencement of this Act was a contributor to the State Service Superannuation Fund, who on such commencement became an employee of the electricity supply industry pursuant to this Act and who has continued to be an employee of the electricity supply industry up to the commencement of the Electricity Act Amendment Act 1980 and is such an employee on the commencement of that Act; or

Electricity Act Amendment Act 1980, No. 15 159 (b) who after the commencement of the Electricity Act Amendment Act 1980 becomes an employee of the electricity supply industry having immediately prior to becoming such an employee been a contributor to the State Service Superannuation Fund and who elects, within a period of one month after becoming such an employee, to continue to contribute to the Fund shall continue as a contributor to the Fund whilst his service in the electricity supply industry is continuous service.". 54. Amendment of s. 400 . Section 400 of the Principal Act is amended by, in subsection .(l), omitting the expression " 48 hours " occurring in paragraph (d) and substituting the expression " 7 days ". 55. Amendment of s. 422. Section 422 of the Principal Act is amended by, in subsection (2), inserting after the words " General Manager " where twice occurring the words " or the secretary ". 56. Amendment of s. 425. Section 425 of the Principal Act is amended by omitting the expression " $2 000 " and substituting the words " S2 500 or such greater amount as from time to time is the limit of jurisdiction of a Magistrates Court in a personal action ". 57. Repeal of and new s. 434. Section 434 of the Principal Act is repealed and the following section is substituted :- " 434. Annual report of Commission . (1) At least once each year the Commission shall make to the Minister for submission to Parliament- (a) a report on the operation of this Act; and (b) a report (hereinafter referred to as the financial report) dealing with the finances of the electricity supply industry, including the Commission and The Queensland Electricity Supply Industry Superannuation Board. (2) The financial report shall include copies of the annual financial statements of each Electricity Authority prepared pursuant to section 235, The Queensland Electricity Supply Industry Superannuation Board prepared pursuant to section 374 and the Commission. (3) Each financial statement included in the financial report shall include the certificate of the Auditor-General pursuant to section 441. (4) The Minister shall lay the reports submitted to him pursuant to this section before Parliament- (a) forthwith, if Parliament is then sitting; or (b) if Parliament is not then sitting, within 14 days after it resumes sitting in the same session or the commencement of the session next ensuing , as the case requires.".

160 Electricity Act Amendment Act 1980, No. 15 58. Amendment of s. 435. Section 435 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:- " (1) Forthwith after the financial report referred to in section 434 is laid before Parliament, each of them the Generating Board, each Electricity Board and The Queensland Electricity Supply Industry Superannuation Board shall submit to the Commission an annual report of its operation under this Act for the year ending 30 June last preceding or, in the case of the said Superannuation Board, to the end of the last concluded annual accounting period adopted by the Superannuation Board pursuant to this Act. A copy of each of the annual financial statements of the Board concerned in the form in which the statements were laid before Parliament and with the certificate of the Auditor-General appended thereto shall be included in the report. (2) The Electrical Workers and Contractors Board shall make to the Commission an annual report of its operation under this Act for the year ending 30 June and such report shall be transmitted so that it is received by the Commission on or before 31 August next ensuing.". 59. Amendment of s. 438 . Section 438 of the Principal Act is amended by- (a) in subsection (3), omitting the words " and unclaimed " and substituting the words " are unclaimed and "; (b) inserting after subsection (4) the following subsection: " (5) During the month of February in each year, cheques that have not been returned unclaimed and that have remained unpresented for 12 months or more at 30 June in the previous year shall be dealt with in the same manner as unclaimed moneys to which subsection (3) applies.". 60. Repeal of and new s. 441. Section 441 of the Principal Act is repealed and the following section is substituted:- 441. Audit. (1) The books and accounts of- (a) the Commission; (b) the Generating Board; (c) each Electricity Board; (d) The Queensland Electricity Supply Industry Superannuation Board; (e) the trustees for the time being of each of the superannuation and provident funds continued in existence on the commencement of this Act pursuant to the provisions of the Fifth Schedule whilst the fund in question continues in existence; and (f) any other body established in pursuance of any provision of this Act so enabling such establishment shall be audited by the Auditor-General or an authorized officer within the meaning of the Financial Administration and Audit Act1977-1978

Electricity Act Amendment Act 1980, No. 15 161 who shall have, with respect to such audit, all the powers and authorities conferred on him by that Act as if the body or trustees of the fund concerned were a department of the Government of the State. (2) The fee payable for any such audit shall be fixed by the Auditor-General. (3) In performing an audit pursuant to this section, the Auditor-General or authorized officer shall ascertain, amongst other things, whether or not, in his opinion, the powers, functions and duties of the body or the trustees in question were adequately and properly exercised, performed or discharged having regard to the provisions of this Act relating to the powers, functions and duties of the body or trustees. (4) The Auditor-General shall certify whether or not, in his opinion, the statements of accounts prepared on behalf of the body or the trustees in question- (a) are , where applicable, in the form required by this Act; (b) are in agreement with the books and accounts; and (c) fairly set out the financial transactions for the period to which they relate on a basis consistent with that which applied in the year last preceding. (5) The Auditor-General shall at least once in each year report the results of each audit to the Commission or the chairman of the body or the trustees of the fund, as the case may be, and the Commission or the body or trustees in question shall give due consideration to all observations and suggestions made therein.". 61. New s. 442A. The Principal Act is amended by inserting after section 442 the following section:- " 442A. Exemptions from stamp duty. Any agreement made or document executed- (a) pursuant to section 36 (ml); (b) to give effect to anything done pursuant to section 131; (c) pursuant to a provision of Division V of Part III is exempt from stamp duty.". 62. Amendment of Second Schedule. The Second Schedule to the Principal Act is amended by inserting at the end of clause 13 the following paragraph:- " In any case where a written request is in respect of the vesting of an easement , production of the instrument of title to the land in question is not required when such request is made and the said Registrar of Titles, Registrar of Dealings or other person is authorized to make any necessary entries on the instrument of title when it is next produced to him.".

162 Electricity Act Amendment Act 1980, No. 15 63. Amendment of Fifth Schedule . The Fifth Schedule to the Principal Act is amended by inserting after clause 12 the following clause:- ` 12A. Preservation of superannuation rights of certain employees of The South East Queensland Electricity Board . (1) If upon the termination of the agreements referred to in section 5 (5) (e) an employee of The South East Queensland Electricity Board continues employment as an employee of the Northern Rivers County Council of New South Wales (hereinafter referred to as " the County Council ") and at the time of becoming an employee of the County Council is a contributor to the Scheme or a member of a fund referred to in this Schedule, he may, within one month after becoming an employee of the County Council, elect to continue to contribute to the Scheme or remain a member of the fund in question. (2) An election shall be in writing. (3) An employee who makes an election shall continue as a contributor or member, as the case may be, whilst- (a) he remains an employee of the County Council; and (b) the County Council complies in all respects with the obligations of an employer under the rules of and terms and conditions relating to the Scheme or the fund to which the employee has continued to contribute.". 64. Joint rights of certain Electricity Authorities with respect to particular easements . (1) The rights and interests held in respect of the easements particularized in the Schedule hereinafter set out and forming part of this section by The Southern Electric Authority of Queensland immediately prior to the commencement of the Electricity Act1976 are declared and deemed to be held, and on and from such commencement to have been held, jointly by The Queensland Electricity Generating Board and The South East Queensland Electricity Board without any transfer, indenture or other documentation or notice other than this section. (2) Clause 13 of the Second Schedule to the Principal Act as amended by this Act applies for the purpose of giving effect to the provisions of this section and, in relation thereto, reference in the said clause 13 to the written request of an Authority, Board or other body in which any right, title, estate or interest in land vests pursuant to the said Schedule includes reference to the written request of The Queensland Electricity Generating Board and The South East Queensland Electricity Board in which the rights and interests in respect of the said easements are held jointly pursuant to this section. (3) The Queensland Electricity Generating Board and The South East Queensland Electricity Board, as holders jointly of rights and interests in respect of the said easements pursuant to this section, shall hold the same subject to the same terms and conditions, set out in the proviso to section 200 (6) of the Principal Act as amended by this Act, as are applicable in the case of an easement taken, resumed or acquired under the said section 200 (6).

Electricity Act Amendment Act 1980, No. 15 163 SCHEDULE Description County Parish Easements A, B and C in Portion 376 and of Stanley Resubdivision C of Subdivision 2 and of Resubdivision I of Subdivision 2 of Resubdivision A of Subdivision 2 of Portion 12. Area-1.882 hectares Easement B in Subdivision A of Resubdivision Stanley C of Subdivision 2 of Portion 13. Area- 1.622 hectares Easement G in Lot 3 on Registered Plan Stanley 121309. Area-•662 hectares Easement H in Lot 4 on Registered Plan Stanley 121309. Area-•589 hectares Easement A in Portion 133. Area-1.311 Stanley hectares Easement A in Subdivision 1 of Portion 7. Stanley Area--•103 hectares Easement A in Lot 7 on Registered Plan Stanley 110119. Area 2.307 hectares Easement A in Portion 49. Area-3.416 Stanley hectares Easement A in Lot 2 on Registered Plan Stanley 133960. Area-1.658 hectares Easement. A in Portions 166, 167, 167A and Stanley 168. Area--4.7 hectares Easements A, B, C, D and E in Subdivisions Stanley 41 to 45 of Portions 177 and 178. Area- 1.549 hectares Easement A in Subdivision 35 of Portion 178. Stanley Area-305 hectares Easement A in Subdivision 34 of Portions Stanley 178 and 179. Area-•305 hectares Easements A, B and C in Subdivisions 30, Stanley 32 and 33 of Portion 179. Area--761 hectares Easement A in Subdivision 31 of Portion Stanley 179. Area-489 hectares Easement A in Subdivision 3 of Resubdivision Stanley 77 of Subdivision 2 of Portion 270. Area- •051 hectares Easement A in Resubdivision 79 of Stanley Subdivision 2 of Portion 270. Area- •437 hectares Easement A in Subdivision 1 of Resubdivision Stanley 78 of Subdivision 2 of Portion 270. Area- 293 hectares Bulimba Bulimba Bulimba Bulimba Bulirriba Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa

164 Electricity Act Amendment Act 1980, No. 15 SCHEDULE-Continued Description County Easement A in Subdivision 2 of Resubdivision Stanley 78 of Subdivision 2 of Portion 270. Area- °318 hectares Easement A in Portion 278. Area-1°726 Stanley hectares Easement A in Subdivision 23 of Portion Stanley 279. Area -°001 hectares Easement A in Subdivision 22 of Portion 279. Stanley Area--O 17 hectares Easement A in Subdivision 21 of Portion 279. Stanley Area- =-• 033 hectares Easement A in Subdivision 20 of Portion 279. Stanley Area-' 052 hectares Easement A in Portion 281. Area -..-° 822 Stanley hectares Easement A in Portion 280. Area-°416 Stanley hectares Easement A in Portion 300. Area--922 Stanley hectares Easement A in Subdivision 2 of Portion 301. Stanley Area-•926 hectares Easement A in Subdivision 1 of Portion 304. Stanley Area-° 468 hectares Easement A in Subdivision 2 of Portion 304. Stanley Area-•451 hectares Easement A in Subdivision 4 of Portion 305. Stanley Area--589 hectares Easement A in Subdivision 5 of Portion 306. Stanley Area-1.081 hectares Easement A in Portion 310. Area-°547 Stanley hectares Easement A in Portion 309. Area-°613 Stanley hectares Easement A in Portion 311. Area--°561 Stanley hectares Easement A in Portion 312. Area-•671 Stanley hectares Easement A in Subdivision 2 of Portion 314. Stanley Area-•737 hectares Easement A in Portion 315. Area-•496 Stanley hectares Easement A in Resubdivision 4 of Subdivision Stanley 3 of Portion 316. Area-7 545 square metres Easement A in Resubdivision 2 of Subdivision Stanley 3 of Portion 316. Area-2 059 square metres Parish Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa

Electricity Act Amendment Act 1980, No. 15 165 SCHEDULE-continued Description County ( Parish Easement A in Resubdivision 3 of Subdivision Stanley 3 of Portion 316. Area-2 361 square metres Easement A in Subdivision 1 of Portion 316. Stanley Area-1-755 hectares Easement A in Subdivision 2 of Portion 316. Stanley Area-1.232 hectares Easement A in Subdivision 32 of Portion 355. Stanley Area-4.018 hectares Easement A in Subdivision 31 of Portion 355. Stanley Area--4.017 hectares Easement A in Subdivision 6 of Portion 355. Stanley Area-4017 hectares Easement A in Subdivision 5 of Portion 355. Stanley Area-4017 hectares Easement B in Lot 1 on Registered Plan Stanley 114956 (Subdivision 2 of Portion 357). Area-6.694 hectares Easement C in Lot 1 on Registered Plan Stanley 114956 (Subdivision 2 of Portion 357). Area-3.642 hectares Easement A in Subdivision 1 of Portion 357. Stanley Area-1.315 hectares Easement A in Resubdivisions 61 and 62 Ward of Subdivision 11 of Portion 66. Area- 2.426 hectares Easement B in Resubdivisions 61 and 62 Ward of Subdivision 11 of Portion 66. Area- 10.51 hectares Easement D in Resubdivision 48 of Ward Subdivision 11 of Portion 66. Area- 6.996 hectares Easement D in Resubdivision 2 of Ward Subdivision 1 of Portion 38A. Area- 11.164 hectares Easement E in Resubdivision 2 of Ward Subdivision 1 of Portion 38A. Area- 13.962 hectares Easement F in Subdivision 1A of Portion 38A. Ward Area-•483 hectares Easement C in Resubdivision I of Ward Subdivision I of Portion 38A. Area- 18.49 hectares Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Tingalpa Gilston Gilston Gilston Mudgeeraba Mudgeeraba Mudgeeraba Mudgeeraba

166 Electricity Act Amendment Act 1980, No. 15 65. Provisions relating to agreement dated 2 0 June 1972. (1) In this section- (a) " the Commission " means The State Electricity Commission of Queensland; (b) " the Company " means Comalco Limited; (c) " the agreement " means an agreement made on 20 June 1972 between the Commission, the State of Queensland and the Company; (d) " the Board " means The Queensland Electricity Generating Board. (2) Notwithstanding the provisions of clause 3 of the Second Schedule to the Electricity Act1976- (a) the Commission shall be deemed to be and to continue to be and on and from the commencement of the said Act to have been a party to the agreement; (b) all acts, matters and things done by the Commission on and from the commencement of the said Act and prior to the commencement of this Act and purporting to have been done by it under the agreement as a party thereto shall have the same effect and consequence at law that they would have had had the Commission continued to be a party to the agreement on and from the commencement of the said Act; (c) the Board shall not be a party to the agreement save as is hereinafter provided. (3) No act, matter or thing done by the Board on and from the commencement of the Electricity Act1976 and prior to the commencement of this Act under or purporting to be under or for the purposes of or to give effect to the agreement shall be taken to be or to have been ineffective or actionable at law by reason only of the provisions of subsection (2). (4) Notwithstanding subsection (2) (c), the Board shall have- (a) the duty to supply electricity to the Company in accordance with the agreement; (b) the right to bill the Company for so supplying electricity in accordance with the agreement and to receive the moneys payable thereunder as though it is a party to the agreement with respect to such duty and right and in this respect the consequences at law shall be as if the Board is a party to the agreement in lieu of the Commission: Provided that- (c) it is not competent for the Company and the Board to make any arrangement having the effect of amending the agreement or changing the basis of calculating the prices or methods of charge for electricity under the agreement; (d) if there is any dispute or disagreement between the Company and the Board or it appears to either of them that a dispute or disagreement is likely in respect of a matter referred to in

Electricity Act Amendment Act 1980, No. 15 167 this subsection, the Commission shall be consulted and shall participate in any discussions that take place with a view to resolving the dispute or disagreement. (5) In the performance of its duty or the exercise of its right as referred to in subsection (4) with respect to the supply of electricity and billing therefor, the Board may do anything that is incidental to the performance of such duty or the exercise of such right. 66. Provisions relating to agreement dated 16 August 1974. (1) In this section- (a) " the Commission " means The State Electricity Commission of Queensland; (b) " the Company " means Utah Development Company; (c) " the agreement " means an agreement made on 16 August 1974 between Ronald Ernest Camm, the Minister for Mines and Main Roads (as he then was) of the State of Queensland, the Commission and the Company; (d) " the Board " means The Queensland Electricity Generating Board. (2) To remove any doubts that may exist, it is declared that, notwithstanding any provision of clause 3 of the Second Schedule to the Electricity Act1976, the Commission is, continues to be and on and from 16 August 1974 has been a party to the agreement. (3) Any act, matter or thing done by the Board on and from the commencement of the Electricity Act1976 and prior to the commencement of this Act and purporting to have been done by it under the agreement as a party thereto shall have the same effect and consequence at law that it would have had had the Board been a party to the agreement, and such act,-matter or thing shall be deemed to have been done by the Board as agent for the Commission and to have effect accordingly.