Electricity Act Amendment Act 1984 (Qld)

1026 Queextzlaub ANNO TRICESIMO TERTIO ELIZABEZ' AE SECUNDAE REGINAE No. 96 of 1984 An Act to amend the ElectricityAct 1976- 1982 in certain particulars and for related purposes [ASSENTED To 20TH DECEMBER, 1984]

Electricity Act Amendment Act 1,984, No. 96 1027 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 . This Act may be cited as the Electricity Act Amendment Act 1984. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty, and clause 2 of the Schedule to section 189 shall commence also on that day for the limited purpose of the operation of subclause (2) thereof. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. (3) (a) Notwithstanding such commencement pursuant to subsection (2), the financial, budgetary, appropriation, banking and audit provisions (hereinafter in this section referred to as " the specified provisions ") that are applicable to the Commission and The Queensland Electricity Generating Board in accordance with the provisions of the ElectricityAct1976-1982 immediately prior to the commencement of this Act shall be the provisions applicable to the Commission for the period on and from the commencement of this Act to 30 June next following such commencement. (b) The Commission, with the consent of the Treasurer first had and obtained, may make such modifications to the specified provisions as it considers necessary to give effect to the operation of paragraph (a). (c) On and from 1 July next following the commencement of this Act, the specified provisions applicable to the Commission shall be those contained in the ElectricityAct1976-1982 as amended by this Act. 3. Principal Act and citation as amended . (1) In this Act the Electricity Act1976-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Electricity Act1976-1984. 4. Amendment of s. 3. Arrangement of Act. Section 3 of the Principal Act is amended by- (a) in the reference to Part I, inserting after the word " PRELIMINARY " the expression " (ss. 1-7) "; (b) omitting the reference to Part II and the references to its Divisions and substituting the following:- PART II-QUEENSLAND ELECTRICITY COMMISSION (ss. 8-74); Division I-Constitution of Commission (ss. 8-26); Division II-Funds, Departmental Accounts Subsidiary to the Public Accounts and Accounting Arrangements (ss. 27-35); Division III-Powers, Functions and Duties of the Commission (ss. 36-36E) ; Division ILIA-Commission as an Electricity Authority (s. 36F);

1028 Electricity Act Amendment Act 1984, No. 96 Division IV - Borrowing by and Similar Financial Arrangements of the Commission and Electricity Boards ( ss. 37-41F); Division V-Provision of Moneys by Commission and Reimbursement of Commission ' s Costs in respect thereof (ss. 42-45) ; Division VA-Investment of Moneys by the Commission ( s. 45A); Division VI - Loan Sinking Funds (ss. 46-52); Division VII - Queensland Electricity Supply Industry Consultative Council ( ss. 53-60); Division VIII - Rationing of Electricity in Emergency and Restriction of Use of Consuming Devices (ss. 61-63); Division IX-Determination of Prices for Electricity (ss. 64-74);"; (c) in the reference to Part III , inserting after the word AUTHORITIES " the expression " ( ss. 101-151) "; (d) in the references to the Divisions of Part III- (i) omitting the words " Division I-Constitution of The Queensland Electricity Generating Board;"; (ii) inserting after the last word of the Divisional heading of each of them Divisions II, IV and V , being the words " Boards ", " Electricity " and " Authorities " respectively , the expressions " (ss. 101-131) ", (ss. 138 - 147) " and " (ss. 148 - 151) " respectively; (iii) inserting after the words " Another Electricity Authority " occurring in the heading of Division III the words " or to Commission (ss.132 - 137B) "; (e) in the reference to Part IV , inserting after the word AUTHORITIES " the expression " ( ss. 152 - 199) "; (f) in the references to the Divisions of Part IV , inserting after the last word of each Divisional heading, being the words " Electricity ", " Consumers ", " Installations " and " etc. " respectively, the expressions " (ss. 152 - 158) ", " (ss. 159-174) ", " (ss. 175-189) " and " ( ss. 190-199) respectively; (g) in the reference to Part V- (i) inserting after the words " POWERS OF " the words " COMMISSION AND "; (ii) inserting after the words " OTHER AUTHORITIES " the expression " (ss. 200 - 226) "; (h) in the references to the Divisions of Part V, inserting after the word "Land" in Division I and the word " Works" in Division II the expressions " ( ss. 200 - 212) " and " ( ss. 213-226) " respectively; (i) in the reference to Part VI , omitting the word " AUTHORITIES; and substituting the words " BOARDS ( ss. 227-250); "; (j) in the references to the Divisions of Part VI, inserting after the word " Accounts " in Division I, the word " Accounts " in Division 11, the word " Investments " in Division 111, the word " Budgets " i r. Division IV and the word " Funds " in Division V the expression " (ss. 227 - 233) ", " (ss. 234 - 235) ", " (s. 236 ) ", " ( ss. 237-245) " an;; " (ss. 246-250) " respectively;

Electricity Act Amendment Act 1984, No. 96 1029 (k) in the reference to Part VII, omitting the word " AUTHORITIES; " and substituting the words " BOARDS (ss. 251-254); "; (1) in the references to the Divisions of Part VII- (i) omitting the word " Authorities;" occurring in Division I and substituting the words " Boards (ss. 251-252);"; (ii) omitting the word " Authorities;" occurring in Division II and substituting the words " Boards (ss. 253-254);"; (m) in the reference to Part VIII, inserting after the word " AUTHORITIES " the expression " (ss. 255-261) "; (n) in the references to the Divisions of Part VIII, inserting after the word " Safety " in Division I, the word " Authority " in Division II and the word " Authority " in Division III the expressions " (ss. 255- 256) ", " (s. 257) " and " (ss. 258-261) " respectively: (o) in the reference to Part IX, inserting after the word " ARTICLES " the expression " (ss. 262-284) "; (p) in the references to the Divisions of Part IX, inserting after the word " Articles " occurring as the last word of each Divisional heading the expressions " (ss. 262-268) ", " (ss. 269-274) ", " (ss. 275-282) " and " (ss. 283-284) " respectively; (q) in the reference to Part X, inserting after the word " ELECTRICITY " the expression " (ss. 285-299) "; °(r) in the references to the Divisions of Part X, inserting after the last word of each Divisional heading, being the words " Protecti'n ", " Act " and " etc. " respectively, the expressions " (ss. 285-292) ", " (s. 293) " and " (ss. 294-299) " respectively; (s) in the reference to Part XI, inserting after the word " CONTRACTORS " the expression " (ss. 300-345) "; (t) in the references to the Divisions of Part XI, inserting after the word " Board " in Division I, the word " Workers " in Division II, the word " Contractors " in Division III and the word " Appeals " in Division IV the expressions " (ss. 300-318) ", " (ss. 319-336) ", " (ss. 337-342) " and " (ss. 343-345) " respectively; (u) in the reference to Part XII, inserting after the word " INDUSTRY the expression " (ss. 346-352) "; (v) in the reference to Part XIII, inserting after the word " PROVISIONS " the expression " (ss. 353-381) "; (w) in the reference to Part XIV, inserting after the word " PROCEEDINGS " the expression " (ss. 382-431) "; (x) in the references to the Divisions of Part XIV, inserting after the last word of each Divisional heading, being the words " Matters ", " Act ", " Generally " and " Matters " respectively, the expressions " (ss. 382-390) ", " (ss. 391-418A) ", " (ss. 419-427) " and " (ss. 428-431) " respectively; (y) in the reference to Part XV, inserting after the word PROVISIONS " the expression " (ss. 432-442A) "; (z) in the reference to Part XVI, inserting after the word " RULES " the expression " (ss. 443-447) ";

1030 Electricity Act Amendment Act 1984, No. 96 (aa) in the references to the Divisions of Part XVI, inserting after the last word of each Divisional heading, being the words " Rules " and " Instruments " respectively, the expressions " (ss. 443-445) " and " (ss. 446-447) " respectively. 5. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by- (a) in the meaning of the term " the Commission ", omitting the words " The State Electricity Commission of Queensland " and substituting the words " the Queensland Electricity Commission "; (b) in the meaning of the term " the Commissioner ", omitting the words " 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 " and substituting the words Electricity Commissioner "; (c) omitting the term " Deputy Commissioner " and its meaning and substituting the following term and meaning:- " " the Deputy Commissioner " means the Deputy Electricity Commissioner. The term includes any person who for the time being occupies the office or performs the duties of the Deputy Commissioner; "; (d) omitting the term " Electricity Authority " and its meaning and substituting the following term and meaning:- Electricity Authority " means- (a) any Electricity Board; (b) to the extent provided in Division ILIA of Part II, the Commission; and (c) any other authority, person or body determined by this Act to be an Electricity Authority; "; (e) omitting the term " the Fund " and its meaning and substituting the following term and meaning:- " " financial arrangements " means arrangements that provide for, relate to or are directed towards- (a) the borrowing of money, the raising of money or the obtaining of all forms of financial accommodation in Australia or elsewhere, including by the issue of debentures, bonds, inscribed stock and other securities; (b) the lending of money; (c) the entering into and performance of deferred payment arrangements as debtor or creditor; (d) the undertaking of leases of any term whatsoever of land, buildings, plant, machinery, equipment and any other property as lessee, lessor, owner or tenant; (e) the entering into of partnerships and ventures and the formation of companies; (f) the acquisition, holding, dealing with and disposal of- (i) shares in any body corporate, company debentures, bonds, stock and other securities including debentures, bonds, inscribed stock and other securities issued by the Commission;

Electricity Act Amendment Act 1984, No. 96 1031 (ii) land, buildings, plant, machinery, equipment and any other property and any interest therein or charge in respect thereof; and (iii) foreign currency, and the incurring and performance of obligations concerning foreign currency; (g) the taking of land or any interest in land; (h) the acceptance of money on deposit; (i) the entering into of covenants, undertakings, arrangements, promises, guarantees and indemnities to meet obligations or liabilities incurred by or to any person, whether or not that person is a party to the covenants, undertakings, arrangements, promises, guarantees and indemnities; (j) the entering into of arrangements directed at the granting of financial accommodation by or to any person, whether or not the person is a party to the arrangements ; (k) the entering into of purchase obligations as purchaser or sale obligations as seller, to purchase or sell, as the case may be, any output or other product of any kind whatsoever; (1) the investment of moneys, and any other arrangements of a financial nature approved by the Treasurer; ". 6. Amendment of Part H heading . The Part 11 heading occurring after section 7 is amended by omitting the words " THE STATE ELECTRICITY COMMISSION OF QUEENSLAND " and substituting the words " QUEENSLAND ELECTRICITY COMMISSION ". 7. Amendment of s. 9. The Commission . Section 9 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- " (lA) The State Electricity Commission of Queensland is, on and from the commencement of the Electricity Act Amendment Act 1984, called the " Queensland Electricity Commission "."; (b) in subsection (3), inserting after the words " of the Crown " the words ", save that land vested in or under the management or control of the Commission is rateable land for the purposes of the Local Government Act 1936-1984 and the City of Brisbane Act1924-1984 "; (c) in subsection (6), omitting the words " Deputy Commissioners " and substituting the words " the Deputy Commissioner ". 8. Amendment of s. 10 . Affixing official seal. Section 10 of the Principal Act is amended by, in subsection (1) (b), omitting the word " a " and substituting the word " the ". 9. Amendment of s. 11. Use of seal outside the State. Section 11 Qf the Principal Act is amended by, in subsection (1), inserting after the

1032 Electricity Act Amendment Act 1984, No. 96 words " to be used " the words ", and such a facsimile may be affixed by the Commissioner, the Deputy Commissioner, the secretary or a person authorized for the purpose pursuant to subsection (3) ". 10. Amendment of s. 13. Appointment of Commissioner . Section 13 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (3) The State Electricity Commissioner is, on and from the commencement of thQ, Electricity Act Amendment Act 1984, called the Electricity Commissioner.". 11. Amendment of s. 14. Appointment of Deputy Commissioners. Section 14 of the Principal Act is amended by- (a) in the note to the section, omitting the word " Commissioners " and substituting the word " Commissioner "; (b) in subsection (1), omitting all words occurring after the words " time to time " and substituting the words " by commission under his hand and the Public Seal of the State appoint a person to hold the office of the Deputy Commissioner. "; (c) omitting subsection (2); (d) in subsection (3), omitting the word " a " occurring after the words " appointment of " and substituting the word " the "; (e) inserting after subsection (3) the following subsection:- " (3A) The Deputy State Electricity Commissioner designated for administrative purposes prior to the commencement of the Electricity Act Amendment Act 1984 the Deputy State Electricity Commissioner (Engineering) is, on and from the commencement of that Act, called the Deputy Electricity Commissioner."; (f) in subsection (4), omitting the word "A", being the first word of the subsection, and substituting the word " The "; (g) in subsection (5), omitting the words " 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 "; (h) in subsection (6), omitting the words . " there is no Deputy Commissioner in office and available to act as the Commissioner, the secretary or any " and substituting the words " the Deputy Commissioner is absent from duty or for other sufficient cause is not available to act as the Commissioner or there is a vacancy in the office of the Deputy Commissioner, the secretary or, if the secretary is then absent from duty or for other sufficient cause is not available to act as the Commissioner or there is a vacancy in the office of the secretary, the employee designated by the Commissioner as the deputy of the secretary pursuant to section 15 (4) or other "; (i) in subsection (7)- (i) omitting the word " a " occurring after the words " the fact that " and substituting the word " the "; (ii) omitting the word " any " occurring after the words " secretary or " and substituting the words " the deputy of the secretary or other ",

Electricity Act Amendment Act 1984, No. 96 1033 12. Amendment of s. 15. Appointment of secretary . Section 15 of the Principal Act is amended by- (a) in subsection (1), inserting after the word " Commission " the words " who shall hold office at the pleasure of the Governor in Council and may be removed from office at any time by the Governor in Council on the recommendation of the Minister "; (b) omitting subsection (4) and , substituting the following subsections :- " (4) The Commissioner shall designate one of the employees of the Commission as the deputy of the secretary. (5) The employee so designated may at any time exercise the powers, functions and authorities and perform the duties of the secretary but, save as is provided by subsection (6), not such powers, functions, authorities and duties as the Commissioner directs the secretary to exercise or perform or delegates to the secretary pursuant to subsection (3). (6) The Commissioner may, at any time when the secretary is unable to exercise such powers, functions and authorities and to perform such duties as the Commissioner directs him to exercise and perform or delegates to him pursuant to subsection (3), direct an employee of the Commission, who may be the person designated as the deputy of the secretary or some other employee, to exercise the powers, functions and authorities and to perform the duties or to do any of those things.". 13. Amendment of s. 16. Salaries of Commissioner , Deputy Commissioners and secretary . Section 16 of the Principal Act is amended by- (a) in the note to the section, omitting the word " Commissioners " and substituting the word " Commissioner "; (b) omitting the word " each " and substituting the word " the ". 14. Amendment of s. 17. Public Service Act not applicable to Commissioner , etc. Section 17 of the Principal Act is amended by omitting the words " Deputy Commissioners " and substituting the words " the Deputy Commissioner ". 15. Amendment of s. 18 . Vacation of office. Section 18 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words ", a Deputy Commissioner or the secretary " and substituting the words " or the Deputy Commissioner "; (ii) omitting the words ", Deputy Commissioner or secretary " occurring in paragraph (a) (ii) and substituting the words " or Deputy Commissioner "; (b) in subsection (2)- (i) omitting the words ", a Deputy Commissioner or the secretary " and substituting the words " or the Deputy Commissioner ";

1034 Electricity Act Amendment Act 1984, No. 96 (ii) omitting the words ", Deputy Commissioner or secretary" occurring in paragraph (b) and substituting the words "or Deputy Commissioner "; (iii) inserting before the word " Fund " where twice occurring the word " Electricity " in each case; (c) in subsection (3), omitting the words ", a Deputy Commissioner or the secretary " and substituting the words " or the Deputy Commissioner ". 16. Amendment of s. 19. Delegation by Commissioner . Section 19 of the Principal Act is amended by, in subsection (1), omitting the word " a " occurring after the words " delegate to " and substituting the word the ". 17. Amendment of s. 20. Appointment , etc., of employees of Commission . Section 20 of the Principal Act is amended by- (a) in subsection (1), omitting the word " a " occurring before the word " Deputy " and substituting the word " the "; (b) omitting subsection (8) and substituting the following subsections:- " (8) Employees of the Commission shall be paid remuneration appropriate to their respective positions under the applicable industrial award or industrial agreement or, if there is no applicable award or agreement, remuneration determined by the Commission with the approval of the Governor in Council. (8A) Subject to any applicable industrial award or industrial agreement as aforesaid, employees of the Commission shall hold office at the pleasure of the Commission.". 18. Amendment of s. 22. Industrial inspectors to be electrical inspectors for certain purposes . Section 22 of the Principal Act is amended by inserting after the words " electrical workers " the words ", and, as well, may on his own initiative or in response to a complaint, whether written or oral, investigate and report upon any alleged offence against this Act ". 19. Amendment of s. 23. Duties of electrical inspectors . Section 23 of the• Principal Act is amended by- (a) omitting the words " electrical inspectors " and substituting the words " an electrical inspector "; (b) inserting after paragraph (d) the following paragraph:- (e) on his own initiative or in response to a complaint, whether written or oral, to investigate and report upon any alleged offence against this Act;"; (c) relettering the existing paragraph (e) as paragraph (f). 20. Amendment of s. 24 . General powers of electrical inspectors. Section 24 of the Principal Act is amended by- (a) making the existing provision subsection (1) by inserting after the note to the section the expression " (1) ";

Electricity Act Amendment Act 1984, No. 96 1035 (b) inserting after subsection (1) the following subsections:- " (2) (a) Before an electrical inspector enters any premises that are used or any part of premises that is used exclusively as a dwelling-house, he shall, save where he has the permission of the occupier thereof to his entry, obtain from a justice a warrant to enter in the prescribed form. (b) For the purposes of this subsection, premises used as a dwelling-house do not include the curtilage of those premises. (c) A justice who is satisfied upon the complaint of an electrical inspector- (i) that there is reasonable cause to suspect that electrical installation work is being or has been performed on premises or a part of premises used exclusively as a dwelling-house and that in respect thereof an offence against this Act has been, is being or is likely to be committed; or (ii) that otherwise for sufficient reason it is necessary for him to enter premises or a part of premises used exclusively as a dwelling-house for the purpose of exercising his powers or performing his duties under this Act may issue his warrant, directed to the electrical inspector, to enter the premises or part of premises specified in the warrant for the purpose of exercising therein the powers conferred and performing the duties imposed on an electrical inspector under this Act. (d) For one month from the date of its issue, a warrant shall be sufficient authority for the electrical inspector and any person acting in aid of him- (i) to enter the premises or part of premises specified in the warrant; and (ii) to exercise and perform therein the powers conferred and the duties imposed on an electrical inspector under this Act. (3) For the purpose of gaining entry to any place that he is authorized under this Act to enter in a case where he has called to his aid a member of the police force, an electrical inspector and all persons acting in aid of him may use such force as is necessary.". 21. Amendment of s. 25. Indemnities . Section 25 of the Principal Act is amended by- (a) omitting the word " a " occurring after the words " the Commissioner," and substituting the word " the "; (b) omitting the words " for the purposes of Part XI " and substituting the words " pursuant to section 22 ". 22. Amendment of s. 26. Disclosure of certain matters and effect thereof . Section 26 of the Principal Act is amended by, in subsection (1), omitting the word " a " where twice occurring after the words " the Commissioner," and substituting the word " the " in each case.

1036 Electricity Act Amendment Act 1984, No. 96 23. Repeal of and new Division II of Part II. The Principal Act is amended by- (a) omitting the heading " Division II-Electricity Trust Fund " immediately preceding section 27 and substituting the heading " Division II-Funds, Departmental Accounts Subsidiary to the Public Accounts and Accounting Arrangements "; (b) repealing sections 27 to 35 inclusive and substituting the following sections :- " 27. 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 shall be applied, subject to the Financial Administration and Audit Act1977-1981, for such purpose. 28. Trust and Special Funds Administered by the Commission. (1) There shall be established on the commencement of the Electricity Act Amendment Act 1984- (a) an Electricity Fund; and (b) an Electricity Works Fund, each being a fund of the Trust and Special Funds pursuant to the Financial Administration and Audit Act1977-1981. (2) The funds shall be administered by the Commission. (3) The Commission shall also administer- (a) such other funds, being funds of the Trust and Special Funds established by the Treasurer with the approval of the Governor in Council from time to time, as the Treasurer directs shall be so administered; and (b) 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 government that the Commission is required to administer. 29. Electricity Fund. (1) There shall be paid into the Electricity Fund all moneys received by the Commission in respect of sales of electricity and all other moneys received by it that are not by law payable into any other fund or departmental account. (2) There shall be paid out of the Electricity Fund all expenditure, including salaries and wages, incurred by the Commission in the operation and maintenance of its generation and transmission undertaking and all other costs, charges and expenses of the Commission, not being costs, charges and expenses that are by law attributable to the Electricity Works Fund or other fund or departmental account. 30. Electricity Works Fund. (1) Moneys, not being moneys that are by law payable into another fund established by the Treasurer with the approval of the Governor in Council and

Electricity Act Amendment Act 1984, No. 96 1037 administered by the Commission pursuant to section 28, and being moneys- (a) borrowed or otherwise obtained by the Commission pursuant to this Act for expenditure on capital works or provided by an Electricity Authority pursuant to section 73; (b) received from the Treasurer or any other person towards the capital cost of works irrespective of whether all of such moneys are or any part of such moneys is subject to a condition requiring the repayment of all or part of such moneys by the Commission; (c) provided by an applicant for an initial or additional supply of electricity from the Commission; (d) being the proceeds from the sale of any asset, including scrap material, or from the compounding of a continuing future entitlement to receive moneys or a guaranteed revenue; (e) provided from the Electricity Fund or other fund or account for expenditure on capital works that is properly a charge to the Electricity Works Fund; (f) being fees payable pursuant to a provision of this Act that are prescribed to be paid into the Electricity Works Fund, shall be paid into the Electricity Works Fund. (2) The Electricity Works Fund shall be applied to meeting capital expenditure, including salaries and wages incurred in or in connexion with the purchase, construction, extension and protection of works for the supply of electricity and any other expenditure of a capital nature: Provided that any grant or subsidy received from the Treasurer or otherwise in respect of a particular project or any contribution received from any other source towards the capital cost of a specified work shall be applied to that particular project or specified work and not otherwise. 31. Loan, sinking funds and investment accounts of the Commission . (1) The Commission shall keep separate accounts to record transactions in respect of- (a) loan moneys raised by the Commission pursuant to this Act and the expenses of raising and managing loans obtained pursuant thereto; (b) the various sinking funds provided for in Division VI of this Part; and (c) the investment pursuant to this Act of funds that are temporarily surplus to the requirements of the Commission and the Electricity Boards. (2) Each account referred to in subsection (1) is, for the purposes of the Financial Administration and Audit Act1977-1981, a miscellaneous departmental account.

1038 Electricity Act Amendment Act 1984, No. 96 32. Financial statements . (1) Save as is otherwise provided herein, the Commission shall prepare and transmit to the Auditor-General and, after the Auditor-General has examined and attached his certificates thereto, publish the statements that a department is required to prepare pursuant to the FinancialAdministration and Audit Act1977-1981. (2) The Commission shall as soon as practicable after the end of each financial year prepare and transmit to the Auditor- General= (a) a statement of receipts and payments in respect of the Electricity Fund for the financial year in question; (b) a statement of receipts and payments in respect of the Electricity Works Fund for the financial year in question; (c) statements of receipts and payments in respect of the separate accounts required to be kept pursuant to section 31 and of any other miscellaneous departmental accounts kept by the Commission pursuant to the Financial Administration and Audit Act1977-1981; (d) a statement of assets and a statement of liabilities of the Commission at the end of the financial year in question ; and (e) statements- (i) setting out- (A) the sources of operating receipts of the electricity supply industry; (B) the sources of funds that were allocated and available for expenditure on capital works by the electricity supply industry; and (C) the application of such funds, for the financial year in question; and (ii) comparing- (A) the total of the amounts paid by the Commission for redemption of loan . indebtedness, sinking fund contributions and the provision for capital works made pursuant to Division IX of Part II; with (B) 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 assets, for such financial year, and the accumulated depreciation that has been calculated on the assets that were in service at the. end of such financial year, and shall prepare a further statement made up as at the end of the financial year in question comparing the original cost of assets in

Electricity Act Amendment Act 1984, No. 96 1039 service, reduced by the accumulated depreciation calculated in conformity with paragraph (e) (ii), with the outstanding loan indebtedness, reduced by the balance of the sinking funds accounts, at that time. (3) A table, being a consolidation of the statements prepared by the Commission pursuant to subsection (2) (e) (ii) and by each Electricity Board pursuant to section 235 (2) (d), shall be included in the financial report of the Commission submitted to Parliament pursuant to section 434. (4) The statements that the Commission is required to prepare pursuant to subsection (2) may be graphs or diagrams or may be in such other format as the Commission determines after consulting with and having regard to the opinions of the Auditor-General and the Under Treasurer.". 24. Repeal of and new s. 36. The Principal Act is amended by repealing section 36 and substituting the following section:- " 36. Powers , functions and duties of the Commission generally. 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, powers, functions and duties that, subject to the Minister, the Commission has or with which it is charged include- (a) the co-ordination and regulation of the electricity supply industry in Queensland; (b) regulation of the use of electricity to ensure the safety of persons, including consumers of electricity and employees in the electricity supply industry, and the certification of electrical workers, licensing of electrical contractors and approval of electrical articles; and (c) the generation and bulk supply of electricity.". 25. New s. 36A. The Principal Act is amended by inserting after section 36 as inserted by this Act the following section:- " 36A. Co- ordination and regulation of the electricity supply industry in Queensland . 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) shall forecast and use its best endeavours to anticipate the. future requirements for electricity throughout Queensland and, so that development will proceed in an orderly manner, plan the establishment of generating

1040 Electricity Act Amendment Act 1984, No. 96 stations and the erection of transmission systems and associated works and, in so doing, shall- (i) take into account the available 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) without limiting the provisions of section 29 of the State Development and Public Works Organization Act 1971-1981, take into consideration the environmental effects occasioned by the establishment of generating stations or the erection of transmission systems and associated works; and (iii) make such investigations, surveys and inquiries as it considers necessary in connexion with the foregoing: Provided that the Commission shall not itself establish or authorize an Electricity Board to establish any works considered necessary as a result of a forecast and plan as aforesaid except with the approval of the Governor in Council first had and obtained; (c) 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 Commission to any Electricity Board or other Electricity Authority; (d) 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; (e) 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; (f) 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; (g) may, subject to the consent of the Governor in Council, approve special agreements made by Electricity Authorities with persons for the supply of electricity at other than standard tariffs;

Electricity Act Amendment Act 1984, No. 96 1041 (h) 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, subject to the approval of the Governor in Council, make arrangements in connexion therewith; (i) may direct, prohibit , restrict or control , or regulate in any other manner whatsoever , the supply and consumption of electricity; (j) shall 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 or to maintain and utilize existing works for the purpose of generating, transmitting, distributing, supplying or utilizing electricity; (k) may, in the exercise or performance of any of its powers, functions or duties under this section, carry out such investigations as it thinks necessary or desirable, and may require an Electricity Authority to furnish such information and provide such assistance as it thinks necessary or desirable for that purpose.". 26. New s. 36B . The Principal Act is amended by inserting after section 36A as inserted by this Act the following section:- 66 36B. Regulation of the use of electricity to ensure safety, etc. The Commission- (a) may register or 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; (b) 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; (c) may set up and conduct training schools and training courses for its employees or prospective employees or other 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. In the exercise of this power, the Commission may arrange with any educational institution within or outside Queensland , the Department of Education or any Electricity Board to set up and conduct for and

1042 Electricity Act Amendment Act 1984, No. 96 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; (d) 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; (e) may require the registration of cathodic protection systems and do such things and take such other steps as it considers necessary for the protection of electric lines, works and any 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; (f) 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.". 27. New s. 36C. The Principal Act is amended by inserting after section 36B as inserted by this Act the following section:- " 36C. Generation and bulk supply of electricity. The Commission- (a) shall supply electricity in bulk to Electricity Boards and any other Electricity Authority; (b) may, with the approval of the Governor in Council, supply electricity outside Queensland to any person or authority; (c) shall, where the Governor in Council so directs or approves, supply electricity to a person other than an Electricity Authority, and for that purpose shall enter into an agreement with such person for the supply of electricity to him. Every agreement made by the Commission pursuant to this paragraph shall be of no effect until it has been approved by the Governor in Council and shall not be altered without his consent; (d) may negotiate with any person referred to in paragraph (c) seeking a supply of electricity; (e) shall supply electricity to consumers in any part of the State where it is authorized to supply electricity by licence issued to it by the Minister pursuant to this Act; (f) shall generate electricity and may, subject to the approval of the Governor in Council, purchase electricity in bulk from a person within or outside the State or from any Electricity Authority and, on the most economical basis and as far as reasonably practicable, shall supply it from time to time as required or permitted pursuant to this Act;

Electricity Act Amendment Act 1984, No. 96 1043 (g) shall design, construct, expand, extend, protect, maintain, control and manage works for the generation and supply of electricity pursuant to this Act; (h) 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 resource to be used in connexion with the generation and supply of electricity.". 28. New s. 36D. The Principal Act is amended by inserting after section 36c as inserted by this Act the following section:- " 36D. Industrial awards and proceedings . (1) The Commission shall co-ordinate the formulation of the policy of the electricity supply industry in matters related to industrial awards and conditions of employment. (2) An Electricity Board, in the exercise and performance of its powers, functions and duties as an employer with respect to the awards of any industrial court, commission, tribunal or authority applicable to its employees, shall ensure that the Commission is advised of any dispute, claim or proceeding affecting the Board that may also affect the Commission or another Electricity Board as an employer. (3) In any case where there is a matter affecting an Electricity Board as an employer that requires urgent attention and it is not practicable to call a meeting of the Electricity Board to deal with such matter, the General Manager shall decide whether the matter- (a) is one that affects only the Electricity Board of which he is General Manager; or (b) is one that affects also or is likely to affect also the Commission or another Electricity Board or other Electricity Boards and thereupon- (i) if he has decided that the matter is one of the kind referred to in paragraph (a), he may himself deal with such matter; (ii) if he has decided that the matter is one of the kind referred to in paragraph (b), he shall refer the matter to the Commission: Provided that if the Commissioner is satisfied that a matter referred to the Commission pursuant to this subparagraph is one that the General Manager ought to deal with himself, he may remit it to the General Manager accordingly. (4) The General Manager shall report to the next meeting of the Electricity Board on all matters on which he has decided and, if applicable, dealt with pursuant to subsection (3).".

1044 Electriciti' Act Aznendinent Act 1984, No. 96 29. New s. 36E. The Principal Act is amended by inserting after section 36o as inserted by this Act the following section:- 36E. Other powers of the Commission . The Commission- (a) may undertake or contribute to the cost of research and development in relation to any of its powers, functions or duties; (b) may give technical advice to Government Departments concerning electricity; (c) 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 receiv-- such payment, if any, as may be agreed upon; (d) may promote and encourage the efficient and economic use of electricity; (e) 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; (f) subject to the approval of the Governor in Council, may subscribe money or provide services for any national, benevolent, public, general or useful object or purpose; (g) 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; (h) 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, but which the Commission considers are likely to further the objects of the Commission; (i) shall carry out and perform such additional powers, functions and duties as are prescribed by the Governor in Council by Order in Council, the Governor in Council being 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

Electricity Act Amendment Act 1984, No. 96 1045 to this paragraph for a period of not more than 12 months from the date of publication in the Gazette of the Order in Council in question; (j) 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.". 30. New Division A of Part II. The Principal Act is amended by inserting after section 36E as inserted by this Act the following divisional heading and section:- " Division ILIA- Commission as an Electricity Authority 36F. Commission an Electricity Authority in certain circumstances . ( 1) The Commission is an Electricity Authority for the purposes of the application to it of- (a) the provisions of- (i) sections 204, 209, 210, 211 and 212; (ii) Division II of Part V ( but not section 214); (iii) Parts VIII and XI; (iv) such of the regulations made pursuant to this Act as are prescribed; and (v) every uniform practice manual compiled and published pursuant to paragraphs ( a) and ( b) (i) of subsection (1) of section 444 in the exercise and performance by it of its powers, functions and duties with respect to the design, construction , expansion, extension , protection, maintenance , control or management of electric lines or works by it for the generation and supply of electricity; (b) the provisions of- (i) sections 205, 205A and 257; (ii) Divisions I (but not section 158), III ( but not section 188) and IV of Part IV; (iii) sections 160, 170 and 174 of Division II of Part IV; (iv) Part XI; (v) such of the regulations made pursuant to this Act as are prescribed; and (vi) every uniform practice manual compiled and published pursuant to paragraph ( b) (ii) of subsection (1) of section 444 in the exercise and performance by it of its powers, functions and duties with respect to the supply of electricity by it and all manner of things incidental to such supply of electricity to a consumer of electricity from it, whether such supply is under an agreement or is pursuant to a licence issued by the Minister under section 138 (1) (c); and

1046 Electricity Act Amendment Act 1984, No. 96 (c) the provisions of- (i) Division I of Part X; and (ii) such of the regulations made pursuant to this Act as are prescribed in the exercise and performance by it of its powers, functions and duties with respect to any cathodic protection system installed or operated by it, and those provisions shall- (A) in the case of any provision of this Act, subject to anything to the contrary expressly contained in this Act and to any adaptations and modifications specified in this Act in relation to the provision in question; (B) in the case of any provision of any regulation made pursuant to this Act, subject to anything to the contrary expressly contained in the regulations and to any adaptations and modifications specified in the regulations in relation to the provision in question; (C) in the case of any provision of any uniform practice manual compiled and published pursuant to this Act, subject to anything to the contrary expressly contained in the uniform practice manual and to any adaptations and modifications specified in the uniform practice manual in relation to the provision in question, apply to it as an Electricity Authority accordingly. (2) Without limiting the provisions of subsection (1)- (a) provisions referred to in that subsection that are applicable in the case of dealings between a consumer or other person and an Electricity Authority (other than the Commission) are applicable, subject as hereinbefore in that subsection provided, in the case of dealings between a consumer or other person and the Commission as an Electricity Authority; (b) where an act or omission in relation to the electric lines or works of- (i) an Electricity Authority (other than the Commission); or (ii) a consumer of or from, or supplied with electricity by, an Electricity Authority (other than the Commission) constitutes an offence, the like act or omission in relation to the electric lines or works of- (iii) the Commission; or (iv) a consumer of or from, or supplied with electricity by, the Commission constitutes an offence, subject as hereinbefore in that subsection provided;

Electricity Act Amendment Act 1984, No. 96 1047 (c) a provision referred to in that subsection that imposes a duty on an Electricity Authority (other than the Commission) with respect to an employee of or a person engaged in or about the works or undertaking of that Electricity Authority imposes, subject as hereinbefore in that subsection provided, a like duty on the Commission with respect to an employee of or a person engaged in or about the works or undertaking of the Commission; (d) a provision referred to in that subsection that imposes a duty on an employee of or a person engaged in or about the works or undertaking of an Electricity Authority (other than the Commission) imposes, subject as hereinbefore in that subsection provided, a like duty on an employee of or a person engaged in or about the works or undertaking of the Commission. 31. Repeal of divisional heading preceding s. 37. The divisional heading preceding section 37 of the Principal Act is repealed and the following heading is substituted:- " Division IV--Borrowing by and Similar Financial Arrangements of the Commission and Electricit r Boards " 32. Repeal of and new ss . 37 and 38. The Principal Act is amended by repealing sections 37 and 38 and substituting the following sections:- " 37. Power to enter into financial arrangements . (1) The Commission may- (a) borrow money from the Treasurer; (b) borrow money from The Queensland Government Development Authority; (c) borrow or raise money by way of sale of- (i) debentures; (ii) bonds; (iii) inscribed stock; or (iv) other securities approved by the Governor in Council; (d) enter into such other financial arrangements as the Governor in Council approves upon such terms and conditions as he thinks fit, and may enter into financial arrangements partly in one and partly in another or other of the ways specified in this subsection. (2) Financial arrangements entered into in accordance with subsection (1) may be made- (a) with the Treasurer; (b) with The Queensland Government Development Authority; (c) with other persons.

1048 Electricity Act Amendment Act 1984, No. 96 (3) Before entering into negotiations for financial arrangements or consenting to an Electricity Board entering into like negotiations, the Commission shall obtain the sanction of the Treasurer and for that purpose shall furnish to the Treasurer such information as he requires. (4) The Commission shall not enter into financial arrangements without the approval of the Governor in Council first had and obtained, on such terms and conditions, if any, as the Governor in Council thinks fit. (5) Unless otherwise approved by the Governor in Council, the proceeds of financial arrangements entered into by the Commission shall be expended for the purpose for which it was authorized to enter into those financial arrangements and not otherwise. 38. Debentures , bonds and stocks . (1) All debentures, bonds and inscribed stock of the Commission in respect of a borrowing or raising of money by it other than in the case where the obligations of the Commission thereunder are secured over property that is not income or revenue of the Commission (whether or not they are also secured over such income or revenue) or in any other case declared by the Governor in Council to be one in which this section does not apply- (a) shall be issued in such series, at such times and places in or outside Queensland and in such manner as the Commission thinks fit; (b) shall bear interest at such rate and be redeemable at such date or dates and at such place or places in or outside Queensland as approved by the Governor in Council in relation to the raising of the moneys in question under section 37 (4); (c) may, in the case of debentures and bonds, with the consent of the holder thereof or, in the case of inscribed stock, with the consent of the registered owner, be paid off at any time previous to the due date thereof at not more than the amount of the principal remaining unpaid at the time or, with the consent of the Governor in Council, at a premium with interest thereon to the date of payment only. (2) Every debenture issued by the Commission- (a) shall be issued under the official seal of the Commission; (b) shall be numbered consecutively so that no live debentures in one and the same series shall at any time bear the same number; (c) shall have set forth therein the places and times at which the principal and interest are payable. (3) When a debenture issued by the Commission is not transferable by delivery, that fact shall be expressly stated on its face.

Electricity Act Amendment Act 1984, No. 96 1049 (4) In the case of a debenture issued by the Commission with coupons, the holder of such a coupon, whether separated from the debenture or not, shall be entitled to receive payment from the Commission of the sum named therein upon presentation on or after the due date for payment thereof at the place where the sum is therein expressed to be made payable. (5) In the case of a debenture issued by the Commission without coupons, the lender or, in the event of a transfer of the debenture, the transferee for the time being shall, subject to this subsection, be entitled to receive payments from the Commission in respect of principal or interest or both in accordance with the terms and conditions of the debenture. A transferee in respect of whom the Commission has not been given notice as prescribed shall not be entitled to receive and the Commission shall not be liable to make to the transferee any payment in respect of any debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to the transferee under the debenture and unpaid by the Commission to the lender or a prior transferee. The entitlement of a transferee in respect of whom the Commission has been given notice as prescribed to receive any payments in respect of a debenture issued without coupons shall be subject to any payment that, having become due and payable under the debenture before the Commission was given such notice, was made by it to the lender or a prior transferee. In this subsection, " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Commission. (6) In the case of an application to purchase debentures, bonds or inscribed stock, the Commission may require the applicant to lodge with his application, as security, all or part of the purchase consideration. Where an application is accepted, the debentures, bonds or inscribed stock issued pursuant thereto shall bear interest at the rate approved in accordance with this section on the amount lodged as security from the date of lodgment. Where an application is not accepted, the Commission shall forthwith refund any amount lodged as security, together with such amount of interest as the Commission considers appropriate, to the payer thereof or as he directs. (7) In this section, a reference to the term " debenture " shall be construed as a reference to a debenture issued in accordance with subsection (1).". 33. Repeal of and new s. 39. The Principal Act is amended by repealing section 39 and substituting the following section:- "39. Payment of commission , fees. (1) The Commission may pay moneys by way of commission or fees in respect of the making of financial arrangements that the Governor in Council has authorized : 34

1050 Electricity Act Amendment Act 1984, No. 96 Provided that no such commission or fees shall be paid by the Commission unless the Treasurer has approved of the payment thereof, which approval may be given by the Treasurer upon such terms and conditions as he thinks fit. (2) Section 14 of the Money Lenders Act 1916-1979 shall not apply or extend to commission or fees that the Commission is authorized by subsection (1) to pay, where the payment thereof has been approved by the Treasurer and is agreed to by the Commission subject to the terms and conditions, if any, imposed by the Treasurer.". 34. New s. 40. The Principal Act is amended by inserting after section 39 as inserted by this Act the following section:- " 40. Powers to execute charges, etc., relating to financial arrangements . (1) For the purpose of performing financial arrangements to be entered into by or on its behalf, the Commission may, with the approval of the Governor in Council- (a) execute such mortgages, bills of sale, charges, liens and other encumbrances over any of the property of the Commission or provide such other security as the Commission thinks fit; (b) execute such other agreements including sale agreements, purchase agreements, leases and management and operating agreements as the Commission thinks fit; (c) charge any of its income and revenue from whatever source arising. (2) All debentures, bonds and inscribed stock issued by the Commission and to which section 38 applies shall be a charge upon its income and revenue from whatever source arising unless otherwise expressly provided by the Governor in Council. (3) Any mortgage, bill of sale, charge, lien, other encumbrance, security or agreement referred to in subsections (1) and (2) shall not operate to prevent the Commission from dealing with its income and revenue or other property, as the case may be, in the ordinary course of performance of its powers, authorities, duties or functions under this or any other Act or in such manner as may be expressly permitted under the mortgage, bill of sale, charge, lien, other encumbrance, security or agreement. (4) Nothing contained in this section limits the operation of section 47 (2) of the Statutory Bodies Financial ArrangementsAct1982 save that the reference in section 27 (4) of that Act to subsection (2) shall be read as a reference to subsection (2) of this section.". 35. Repeal of and new s. 41. The Principal Act is amended by -epealing section 41 and substituting the following section:- "41. Priority of charges . (1) All debentures, bonds and inscribed stock issued by the Commission and to which section 38 applies shall rank pari passu one with the other unless otherwise expressly provided by the Governor in Council.

Electricity Act Amendment Act 1984, No. 96 1051 (2) Where the Commission has created a charge over its income and revenue pursuant to section 40 (1) as security for an obligation or liability entered into by it (other than by debentures, bonds or inscribed stock referred to in subsection (1) of this section), that charge shall, if so approved by the Governor in Council, rank pari passu one with the other with all other charges created by it over its income and revenue except to the extent that the firstmentioned charge expressly provides that it shall rank with such other charges in some other manner, in which event the charges shall rank as so provided. (3) Where the Commission has executed a mortgage, bill of sale, charge, lien or other encumbrance over any of its property (other than its income and revenue), such mortgage, bill of sale, charge, lien and other encumbrance shall rank in relation to the property over which it is secured in accordance with its terms and as provided by law and, in a case to which the provisions of subsection (1) or (2) are relevant, notwithstanding those provisions. (4) Nothing contained in this section limits the operation of section 47 (2) of the Statutory Bodies Financial ArrangementsAct1982 save that the reference in section 28 (4) of that Act to subsection (1) shall be read as a reference to subsection (1) of this section.". 36. New ss. 41A, 41B and 41C. The Principal Act is amended by inserting after section 41 as inserted by this Act the following sections:- " 41A. Investment with Commission to be authorized investment. Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in the provision of money or other financial accommodation to the Commission pursuant to financial arrangements guaranteed by the Treasurer shall be and be deemed to be an authorized investment by the trustee within the meaning of the Trusts Act1973-1981. 41B. Notice of trusts not to be received . The Commission and persons acting on its behalf- (a) shall not receive and shall be deemed to have not received notice of any trust (express, implied or constructive) in relation to any financial arrangements entered into by the Commission; and (b) shall not be bound to see to the execution of any trust that may affect such financial arrangements. 41C. Protection of investors , etc. (1) A person who enters into financial arrangements with the Commission shall not be bound to enquire into the application of money, credit or other financial accommodation provided by him and he shall not be held responsible in any way for the non-application or mis- application thereof.

1052 Electricity Act Amendment Act 1984, No. 96 (2) A person who enters into financial arrangements with the Commission and receives in consideration therefor a security appearing on its face to be duly issued shall not be bound to enquire whether the issue of the security was in fact duly authorized and the issue of such security shall be conclusive evidence in favour of all persons that approval was duly given to the financial arrangements pursuant to which the security was issued and that the financial arrangements comply with this Act and any other Act that relates to the Commission. (3) The approval of the Governor in Council, whether by way of an Order in Council or otherwise, of the Commission entering into financial arrangements shall be conclusive evidence in favour of all persons that approval was duly given to the financial arrangements and that the financial arrangements comply with this Act and any other Act that relates to the Commission.". 37. New ss. 41D, 41E and 41F. The Principal Act is amended by inserting after section 41c as inserted by this Act the following sections:- " 41D. Advance by way of overdraft . (1) The Commission may obtain temporary financial accommodation by way of an advance from any bank by way of overdraft. (2) Notwithstanding the provisions of subsection (1), the Governor in Council may set conditions for the operation of the overdraft of the Commission. Such conditions may include, but are not limited to- (a) the maximum amount to which the Commission may obtain such temporary finance and in that event the Commission shall not suffer the amount of its overdraft to exceed the amount so fixed; and (b) the period over which moneys may remain outstanding and in that event the Commission shall not suffer such period to be exceeded. 41E. Illegal financial arrangements . (1) A person who enters into financial arrangements with the Commission otherwise than in accordance with- (a) the provisions of this Act; (b) the provisions of another Act that relates to the Commission shall have no remedy or right to recover money from the Commission in respect of that transaction. (2) The provisions of this section shall be so construed as not to prejudice the operation of the provisions of section 41c. 41F. Authorization of Electricity Boards to enter into financial arrangements . (1) The provisions of this Division shall, subject to this section, apply also to every Electricity Board and, in respect thereof, a reference in this Division other than in this section and in section 37 (3) to the Commission shall be read as a reference to an Electricity Board.

Electricity Act Amendment Act 1984, No. 96 1053 (2) Before entering into negotiations with respect to financial arrangements , an Electricity Board shall obtain the consent of the Commission and for that purpose shall furnish to the Commission such information as it requires. Nothing contained in this subsection limits the operation of section 37 (3). (3) If an Electricity Board 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. (4) 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 Board 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 Board, 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.". 38. Amendment of divisional heading preceding s. 42. The divisional heading preceding section 42 of the Principal Act is amended by omitting the words "for Capital Expenditure ". 39. Repeal of and new s . 42. The Principal Act is amended by repealing section 42 and substituting the following section:- " 42. Provision of moneys by the Commission . (1) The Commission may from time to time provide moneys to an Electricity Board or other Electricity Authority for the purpose of enabling it to carry out and perform its powers, functions and duties as an Electricity Authority. (2) Unless it is specifically required or authorized by law so to do, the Commission shall not provide moneys pursuant to this section- (a) that are moneys- (i) to be paid by an Electricity Board into its Capital Works Fund; or (ii) in the case of any other Electricity Authority, to be used for expenditure of a capital nature, except with the approval of the Treasurer; (b) for any other purpose except with the approval of the Governor in Council.".

1054 Electricity Act Amendment Act 1984, No. 96 40. Amendment of s. 43. Reimbursement to the Commission of interest and instalments towards the repayment of capital . Section 43 of the Principal Act is amended by- (a) in the note to the section, omitting the word "capital" and substituting the word " principal "; (b) in subsection (1)- (i) omitting the word " The ", being the first word of the subsection, and substituting the words " Unless the Governor in Council otherwise determines, the "; (ii) inserting before the word " Fund " occurring in paragraph (e) the word " Electricity "; (iii) omitting the words " paragraph (v) of section 36 " occurring in paragraph (f) and substituting the expression " section 42 ". 41. Amendment of s. 44. Expenses of raising loans . Section 44 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word " The ", being the first word of the subsection, and substituting the words " Unless the Governor in Council otherwise determines, the "; (ii) omitting the words " towards the provision of moneys for expenditure on capital works "; (b) in subsection (2), inserting before the word " Fund " the word Electricity ". 42. Amendment of s. 45. Expenses of loan management . Section 45 of the Principal Act is amended by- (a) in subsection (1), omitting the words " At the commencement of each financial year, the Commission shall " and substituting the words " Unless the Governor in Council otherwise determines, the Commission shall at the commencement of each financial year "; (b) in subsection (2), inserting before the word " Fund " the word Electricity ". 43. New divisional heading and new s. 45A. The Principal Act is amended by inserting after section 45 the following divisional heading and section:- " Division VA-Investment of Moneys by the Commission 45A. Investment powers of the Commission . (1) The Commission may invest moneys held by it that are not immediately required for the exercise and performance of its powers, functions and duties under this Act, being- (a) moneys borrowed by the Commission under the authority of this Act; (b) moneys standing to the credit. of the Electricity Fund, the Electricity Works Fund or a miscellaneous departmental account kept by the Commission;

Electricity Act Amendment Act 1984, No. 96 1055 (c) moneys received by the Commission for investment on behalf of an Electricity Authority pursuant to the provisions of Division III of Part VI, in any manner hereinafter provided, that is to say:- (i) in securities issued or guaranteed by the Government of the Commonwealth or of a State or Territory of the Commonwealth; (ii) with or on deposit with a bank or in securities issued, guaranteed or accepted by a bank; (iii) with any authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as lender of last resort; (iv) in such other securities, investments or other financial arrangements as may be approved by the Governor in Council. (2) The Governor in Council's approval may be granted- (a) in respect of a specific security, investment or other financial arrangement, all securities, investments or other financial arrangements of a specific kind or class or all securities, investments and other financial arrangements; (b) for a specific period or without limit of time." 44. Repeal of and new divisional heading preceding s. 46. The Principal Act is amended by repealing the divisional heading preceding section 46 and substituting the following heading:- " Division VI-Loan Sinking Funds " 45. Amendment of s. 46. Debt Redemption Committee . Section 46 of the Principal Act is amended by, in subsection (2), omitting the word " State ". 46. Amendment of s. 47. Sinking funds . Section 47 of the Principal Act is amended by- (a) in subsection (2), inserting after paragraph (c) the following paragraph:- ¢L (d) establish a special sinking fund to which shall be credited contributions that, in accordance with- (i) the provisions of an Order in Council authorizing a loan under this Act; or (ii) a direction of the Governor in Council given pursuant to this provision, he being hereby authorized to give such a direction, that a sinking fund be established and contributions made thereto for the repayment of a capital debt of the Commission, are to be made to such sinking fund.";

1056 Electricity Act Amendment Act 1984, No. 96 (b) in subsection (3), inserting after the words " First Schedule " occurring in paragraph (a) the words " or pursuant to a direction under subsection (2) (d) "; (c) in subsection (4), omitting paragraph (b) and substituting the following paragraphs:- (b) the common sinking fund shall be applied towards the repayment of- (i) a loan for which contributions have been paid to the common sinking fund; (ii) with the approval of the Governor in Council on the recommendation of the Committee, any other capital debt of the Commission; or (iii) with the approval of the Governor in Council on the recommendation of the Committee, a capital debt in respect of which the Commission is required to reimburse a public body the loan instalments and associated charges; (c) a special sinking fund shall be applied only for the purpose for which the fund was established.". 47. Amendment of s. 49. Investment of sinking fund moneys and establishment of Common Investment Account. Section 49 of the Principal Act is amended by, in subsection (1), omitting the expression " 36 (v) and substituting the expression " 45A ". 48. Amendment of s. 52 . Returns to and review by Treasurer of sinking funds. Section 52 of the Principal Act is amended by- (a) omitting subsections (1) and (2); (b) in subsection (3)- (i) omitting the expression " (3) " identifying the provision as subsection (3); (ii) omitting the words " such return " and substituting the words " the statements of account prepared by the Commission in respect of the sinking funds and the certificate of the Auditor-General in respect thereof ". 49. Amendment of s. 54. Constitution . Section 54 of the Principal Act is amended by omitting the words ", the General Manager of the Generating Board and the " and substituting the words " and the chairman and ". 50. Amendment of s. 56 . Meetings . Section 56 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word " three " and substituting the word " two "; (ii) omitting the word " four " and substituting the word " seven "; (b) in subsection (5), omitting the word " Five " and substituting the word " Eight ".

Electricity Act Amendment Act 1984, No. 96 1057 51. Amendment of s. 57. Deputies for members . Section 57 of the Principal Act is amended by, in subsection (1)- (a) omitting the word " a " occurring after the words " case of the Commissioner," and substituting the word " the "; (b) omitting all words commencing with the words " and, in the case of " and substituting the words " in the case of the chairman of an Electricity Board, another member of that Board, and, in the case of the General Manager of an Electricity Board, another employee of that Board.". 52. Amendment of s. 58 . Duty of the Council . Section 58 of the Principal Act is amended by- (a) omitting the word "Authorities " and substituting the word " Boards "; (b) omitting the word "Authority " and substituting the word " Board ". 53. Amendment of s. 59. Council may appoint committees. Section 59 of the Principal Act is amended by omitting the word "Authority " and substituting the word " Board ". 54. Amendment of s. 60. Effect of decisions of Council . Section 60 of the Principal Act is amended by omitting the word "Authority " and substituting the word " Board ". 55. Repeal of and new s. 61. The Principal Act is amended by repealing section 61 and substituting the following section:- " 61. Rationing of electricity in emergency . (1) If the Minister is satisfied that the Commission or an Electricity Authority is, by reason of any cause or circumstance whatsoever, unable for the time being- (a) to supply electricity to all or any of the persons who are consumers of electricity supplied by the Commission or such Electricity Authority (including, in the case of the Commission, any other Electricity Authority); or (b) to supply in full the electricity required by all or any of such persons, the Minister may, by order, direct, prohibit, restrict, control or regulate in any other manner whatsoever, the supply of electricity by the Commission or such Electricity Authority and the consumption of electricity supplied by the Commission or such Electricity Authority. Without limit to the generality of the foregoing, the Minister may, in any order made under this section, make provision authorizing, providing for and regulating the disconnexion of the supply of electricity to any consumer who contravenes or fails to comply with any provision of the order.

1058 Electricity Act Amendment Act 1984, No. 96 (2) Any order made under this section may at any time and from time to time be amended, altered or otherwise modified by a further order made hereunder. (3) Every such order shall be in force for such period, being not longer than one month, as may be specified therein, but the Minister may, by notice published in the Gazette, extend such period from time to time but so that any such extended period shall not be longer than one month: Provided that the Minister may, by notice published in the Gazette, revoke any such order at any time. (4) Any order made under this section shall be published in the Gazette and shall, on and from the date of such publication, have the force of law and be binding upon the Commission, the Electricity Authority concerned and every other person whomsoever. (5) Any order or notice under this section that is applicable to an Electricity Authority shall be publicly advertised by such Electricity Authority. (6) The Commission shall ensure by such means as it considers expedient that every order or notice that affects the supply of electricity by the Commission is served on each Electricity Authority and every consumer of electricity from the Commission affected by the provisions of such order or notice.". 56. Amendment of s. 64. Power of Commission to determine prices. Section 64 of the Principal Act is amended by, in subsection (1)- (a) omitting the words " by the Generating Board " occurring in paragraph (a); (b) omitting the words " by an Electricity Authority " occurring in paragraph (b). 57. Repeal of s. 65. Compulsory conference . The Principal Act is amended by repealing section 65. 58. Amendment of s. 69. Gazettal and effect of determination by Commission . Section 69 of the Principal Act is amended by- (a) in subsection (2), omitting the words " (subject to the right of appeal therefrom hereinafter provided) "; (b) in subsection (4)- (i) omitting the expression " (a) " identifying the first paragraph as paragraph (a); (ii) omitting paragraph (b). 59. Repeal of and new s. 71. The Principal Act is amended by repealing section 71 and substituting the following section:- " 71. Commission to ensure adequacy of price . (1) The price to be charged by the Commission for electricity supplied in bulk to an Electricity Authority shall from time to time be altered so as to ensure to the Commission for each year sufficient moneys

Electricity Act Amendment Act 1984, No. 96 1059 with all other receipts of the Commission that are required to be paid into the Electricity 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 Electricity Fund ; (b) to make a provision for capital works of such amount as may be determined by the Commission; (c) to make a contribution to a reserve authorized by this Act. (2) The price to be charged by 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 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.". 60. Amendment of s. 72 . Prices to retail consumers of Generating Board. Section 72 of the Principal Act is amended by- (a) in the note to the section, omitting the words " Generating Board " and substituting the word " Commission "; (b) omitting the words " Generating Board " where twice occurring and substituting the word " Commission " in each case. 61. Amendment of s. 74. Monetary transfers for tariff equalization purposes . Section 74 of the Principal Act is amended by- (a) in subsection (2), omitting the words " Generating Board " and substituting the word " Commission "; (b) in subsection (3)- (i) omitting the word " indicate " and substituting the word determine "; (ii) omitting the words " by the Generating Board and the Generating Board " and substituting the word " and ". 62. Repeal of ss. 75, 76, 77 and 78. The Principal Act is amended by repealing sections 75, 76, 77 and 78. 63. Repeal of divisional heading preceding s. 79. The Principal Act is amended by repealing the divisional heading preceding section 79.

1060 Electricity Act Amendment Act 1984, No. 96 64. Repeal of ss. 79 to 100 . The Principal Act is amended by repealing sections 79 to 100 inclusive. 65. Amendment of s. 103 . First Electricity Boards . Section 103 of the Principal Act is amended by inserting after subsection (2) the following subsection:- (3) It is declared that the Shire of Logan, which came into existence pursuant to the LocalGovernment (Adjustment ofBoundaries) Act1978 and was constituted to be the City of Logan by Proclamation published in the Gazette dated 18 October 1980, is and always has been part of the Area of electricity supply of The South East Queensland Electricity Board.". 66. Amendment of s. 105. Membership of Electricity Boards. Section 105 of the Principal Act is amended by, in subsection (4), omitting the words ", the Generating Board ". 67. Amendment of s. 107. Vacation of office by appointed or nominated member. Section 107 of the Principal Act is amended by, in subsection (1) (f), omitting the words ", the Generating Board ". 68. Repeal of and new s. 110. The Principal Act is amended by repealing section 110 and substituting the following section:- " 110. Chairman and deputy chairman . (1) The Governor in Council, by notification published in the Gazette, shall appoint one of the members of an Electricity Board to be chairman and another member to be deputy chairman, and shall in like manner fill any casual vacancy occurring in either office. (2) An appointment becomes effective on the date stipulated in the notification to be the effective date or, in the absence of stipulation, on the date of publication of the notification in the Gazette. (3) A member appointed to be chairman prior to the commencement of the Electricity Act Amendment Act 1984 who is still chairman up to the time an appointee under this section becomes chairman and who is not that appointee ceases to be chairman upon the appointee becoming chairman. (4) The provisions of subsection (3) apply also in the case of a deputy chairman and, in that respect, that subsection shall be read as if the term " chairman " occurring therein is the term " deputy chairman ". (5) The Commissioner is not eligible to hold the office of chairman and is not eligible to hold the office of deputy chairman. (6) Subject to this Act, the chairman shall hold his office for the term of his appointment to the Board and the deputy chairman shall hold his office for the term of his appointment to the Board but in each case he shall be eligible, provided he remains a member of the Board, for re-appointment.

Electricity Act Amendment Act 1984, No. 96 1061 (7) The chairman shall preside at all meetings of the Board at which he is present. (8) The deputy chairman shall preside at any duly convened meeting of the Board when the chairman is not present thereat and may in all respects act in the office of chairman during such time as the chairman is prevented by absence, illness or otherwise from performing the duties of the office of chairman or during such time as a vacancy exists in the office of chairman. (9) If both the chairman and the deputy chairman are absent from a meeting of the Board, the members of the Board present shall elect from their number a chairman to preside at the meeting during the absence therefrom of the chairman and the deputy chairman. (10) Where a person becomes a member of an Electricity Board in accordance with this Act consequent upon a vacancy in the office of a member who was chairman or deputy chairman of the Board, he does not by virtue only of becoming a member of the Board become also chairman or deputy chairman, as the case may be. (11) Nothing contained in this Act prevents a person from being immediately or at any time chairman, deputy chairman or member by nomination, appointment or re-appointment, as the case may be, if he is capable for the time being under this Act of being and continuing to be such chairman, deputy chairman or member. (12) Each of them the chairman and the deputy chairman may resign his office as such by writing under his hand addressed to the Minister, and such resignation as chairman or deputy chairman shall be complete and take effect from the time when it is accepted by the Governor in Council.". 69. Amendment of s. 111 . Acting chairman . Section 111 of the Principal Act is amended by omitting the words " Board may appoint one of its nominated members " and substituting the words " Governor in Council, by notification published in the Gazette, may appoint a member of the Board, not being the Commissioner,". 70. Amendment of s. 112 . Commissioner may appoint a deputy. Section 112 of the Principal Act is amended by, in subsection (1), omitting the words " a Deputy Commissioner " and substituting the words " the Deputy Commissioner, the secretary ". 71. Amendment of s. 119. Dissolution of Electricity Board . Section 119 of the Principal Act is amended by- (a) in the note to the section, omitting the word " Dissolution " and substituting the words " Dismissal of members "; (b) in subsection (1), omitting the word " dissolve " and substituting the words " dismiss all members of ";

1096 Electricity Act Amendment Act 1984, No. 96 (3) A person required under this section to produce evidence of the correctness of any particulars who- (a) refuses or fails to produce that evidence; or (b) produces false evidence with respect to those particulars is guilty of an offence. (4) If the person refuses or fails to state his name and address or name or address or to produce evidence of the correctness of any particulars when required to do so under this section- (a) where an electrical inspector, pursuant to section 24 (c), or an installation inspector, pursuant to section 187 (b), has called to his aid a member of the police force; or (b) where a member of the police force is acting of his own motion pursuant to subsection (1), the member of the police force shall caution him and, if he still persists in such refusal or failure or gives a name and address or name or address that in the opinion of the member of the police force is false, may arrest him without warrant and take him as soon as practicable before a justice to be dealt with according to law.". 171. Amendment of s. 421. Institution of proceedings . Section 421 of the Principal Act is amended by, in subsection (2), inserting after the words " under Division I " the words " or under section 391, 404 or 418A, without limiting any other provision of this section,". 172. Amendment of s. 422. Appearance by Commission and Electricity Authorities . Section 422 of the Principal Act is amended by, in subsection (2), omitting the words " The Generating Board or an " and substituting the word "An ". 173. Amendment of s. 423. Appropriation of penalties . Section 423 of the Principal Act is amended by, in subsection (1), inserting before the word " Fund " occurring in paragraph (b) the word " Electricity ". 174. Amendment of note to s. 424 . Damages with respect to injury to or removal of electric lines or works . The note to section 424 of the Principal Act is amended by inserting after the word " works " the words of Electricity Authority ". 175. Amendment of note to s. 425. Satisfaction for damage carelessly or accidentally caused. The note to section 425 of the Principal Act is amended by inserting after the word " caused " the words " to electric lines of works of Electricity Authority ". 176. New s. 425A. The Principal Act is amended by inserting after section 425 the following section:- " 425A. Payment to and recovery by Commission of moneys in respect of injury or damage to or removal of electric lines or works . The provisions of sections 424 and 425 are applicable

Electricity Act Amendment Act 1984, No. 96 1097 in respect of injury to, removal of or damage caused or done to any electric lines or works belonging to the Commission as fully and effectually as they are in respect of injury to, removal of or damage caused or done to any electric lines or works belonging to an Electricity Authority; and moneys for damage done are payable to and recoverable by the Commission thereunder accordingly.". 177. Amendment of s. 428. Facilitation of proof . Section 428 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word " a " occurring in paragraph (a) after the words " appointment of the Commissioner," and substituting the word <4 the (ii) inserting after the words " was not in force" occurring in paragraph (j) the words " a registration or "; (b) omitting subsection (2) and substituting the following subsection:- " (2) The term " prescribed electrical article " occurring in subsection (1) (j) has the meaning it has in section 262 or 268c, as the case requires, and the term " Statutory Approvals Authority " occurring therein has the meaning it has in Part IX pursuant to section 278.". 175. Amendment of s. 434. Ann ual report of Commission . Section 434 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) The financial report shall include copies of the annual financial statements of the Commission prepared pursuant to section 32, each Electricity Board prepared pursuant to section 235 and The Queensland Electricity Supply Industry Superannuation Board prepared pursuant to section 374.". 179. Amendment of s. 435. Annual reports of Authorities . Section 435 of the Principal Act is amended by, in subsection (1), omitting the words " each of them the Generating Board,". 180. Amendment of s. 436 . Unclaimed moneys account . Section 436 of the Principal Act is amended by omitting the word "Authority " and substituting the word " Board ". 181. Amendment of s. 437. Unclaimed moneys on account of a consumer . Section 437 of the Principal Act is amended by- (a) omitting the words " an Electricity Authority " and substituting the words " the Commission or an Electricity Board "; (b) omitting the words " Electricity Authority " occurring in paragraph (a) and substituting the words " Commission or Electricity Board, as the case may be,";

1098 Electricity Act Amendment Act 1984, No. 96 (c) omitting the words " Operating Fund." and substituting the words " Electricity Fund in the case of the Commission and of the Operating Fund in the case of an Electricity Board.". 182. Amendment of s. 438. Other unclaimed moneys . Section 438 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word` "Authority " where first occurring and substituting the word " Board "; (ii) omitting the words " Electricity Authority or Board " where twice occurring and substituting the words " Electricity Board or Superannuation Board, as the case may be," in each case; (b) in subsection (3)- (i) inserting before the word " Fund " occurring in paragraph (a) the word " Electricity "; (ii) omitting the word "Authority " where twice occurring in paragraph (b) and substituting the word " Board " in each case. 183. Amendment of s. 439. Person entitled to moneys. Section 439 of the Principal Act is amended by omitting the word "Authority " and substituting the word " Board ". 184. Amendment of s. 441. Audit . Section 441 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraphs (b) and (e) and the word " and " occurring after paragraph (e); (ii) relettering paragraphs (c), (d) and (f) as paragraphs (b), (c) and (d) respectively; (iii) inserting the word " and " after paragraph (c) as so relettered; (iv) omitting the words " or an authorized officer within the meaning of the Financial Administration and Audit Act1977-1978 "; (v) omitting the words " or trustees of the fund "; (b) in subsection (3)- (i) omitting the words " or authorized officer (ii) omitting the words " or the trustees "; (iii) omitting the words " or trustees ": (c) omitting subsection (4) and substituting the following subsection:- " (4) On completion of each audit of the financial statements compiled in accordance with the provisions of this Act by the Commission and each other body concerned, the Auditor-General

Electricity Act Amendment Act 1984, No. 96 1099 shall certify thereon whether or not he has obtained all the information and explanations required by him and whether or not the statements- (a) are in the form prescribed; (b) are in agreement with the books and accounts; and (c) in his opinion have been properly drawn up so as to present a true and fair view of the transactions for the financial year in question and, where applicable, the financial position at the end of that year on a basis consistent with that applied in respect of the financiat year last preceding, and, after such certification, shall deliver the statement to the Commission or other body concerned, as the case may be."; (d) in subsection (5)- (i) omitting the words " the chairman of "; (ii) omitting the words " or the trustees of the fund " and substituting the word " concerned "; (iii) omitting the words " or trustees ". 185. Amendment of s. 442A. Exemptions from stamp duty. Section 442A of the Principal Act is amended by omitting the expression " 36 (ml) " occurring in paragraph (a) and substituting the expression " 36c (h) ". 186. Amendment of s. 443. Regulations . Section 443 of the Principal Act is amended by, in subsection (1), omitting paragraph (m) and substituting the following paragraph:- (m) interest- (i) payable to a consumer on a deposit lodged as security with an Electricity Authority; (ii) chargeable by an Electricity Authority to a consumer on any charge for electricity or any other sum due to the Authority in respect of the supply of electricity that is not paid within the time allowed; ". 187. Amendment of s. 445. Rules . Section 445 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "An Electricity Authority " and substituting the words " The Commission or an Electricity Board "; (ii) omitting the words " Electricity Authority " occurring in paragraphs (b), (c), (d), (e) and (h) and substituting the words " Commission or Electricity Board " in each case; (iii) omitting paragraph (f) and substituting the following paragraph:- "(f) the defining of the duties of employees of the Commission or the Electricity Board, as the case may be, including, in the

1100 Electricity Act Amendment Act 1984, No. 96 case of an Electricity Board, those of the General Manager and the secretary;"; (b) in subsection (4), omitting the words " an Electricity Authority " occurring in paragraph (a) and substituting the words " the Commission or an Electricity Board ". 188. Amendment of Sixth Schedule. The Sixth Schedule to the Principal Act is amended by inserting in clause 6 after the word " Ipswich " occurring in paragraph (b) the word ", Logan ". 189. Savings and transitional . The savings, vesting and other provisions set out in the Schedule to this section shall have effect as therein provided. SCHEDULE 1. Reference to Commission , etc. 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- (a) The State Electricity Commission of Queensland or The Queensland Electricity Generating Board; or (b) the State Electricity Commissioner; or (c) a Deputy State Electric Ay Commissioner shall, on and from such commencement, be read and construed as referring respectively to- (i) the Queensland Electricity Commission; or (ii) the Electricity Commissioner; or (iii) the Deputy Electricity Commissioner, as the case may be, and shall operate and have effect according)y. 2. Deputy Commissioner ( Administration ) to be secretary . (1) The Deputy State Electricity Commissioner in office immediately prior to the commencement of this Act and designated for administrative purposes the Deputy State Electricity Commissioner (Administration) shall on such commencement cease to be Deputy State Electricity Commissioner (Administration) and become by force of this provision the secretary to the Commission and be deemed to be appointed as secretary under the Principal Act as amended by this Act. (2) He shall be paid as secretary a salary to be determined by the Governor in Council prior to the commencement of this Act and payable on and from such commencement: Provided, however, that such salary shall be not less than the salary he was receiving as Deputy State Electricity Commissioner (Administration) immediately prior to such commencement.

Electricity Act Amendment Act 1984, No. 96 1 101 3. Secretary to cease to hold that office . The person holding the office of secretary to the Commission immediately prior to the commencement of this Act shall on such commencement cease to be the holder of that office and become by force of this provision an employee of the Commission and be deemed to be appointed as such under section 20 of the Principal Act as amended by this Act: Provided, however, that as such employee he shall be paid a remuneration at a rate not less than that appropriate to the salary classification on which he was employed as secretary immediately prior to the commencement of this Act. 4. Disposition of moneys in sundry Funds. (1) Moneys standing to the credit of- (a) The Electricity Trust Fund; and (b) the Operating Fund of The Queensland Electricity Generating Board immediately prior to the commencement of this Act are, on such commencement, moneys standing to the credit of the Electricity Fund and shall be transferred to such lastmentioned Fund accordingly. (2) Moneys standing to the credit of- (a) the Wivenhoe Pumped Storage Construction Fund: and (b) the Capital Works Fund of The Queensland Electricity Generating Board immediately prior to the commencement of this Act are, on such commencement, moneys standing to the credit of the Electricity Works Fund and shall be transferred to such lastmentioned Fund accordingly. (3) Moneys standing to the credit of the Special Fund of The Queensland Electricity Generating Board immediately prior to the commencement of this Act shall be dissected according to the purpose for which the sundry amounts constituting those moneys were provided and on such commencement shall be moneys standing to the credit respectively of the Electricity Fund, the Electricity Works Fund or a departmental account subsidiary to the public accounts as is appropriate in accordance with such dissection, and the respective amounts of those moneys shall be transferred to the appropriate Funds or accounts accordingly. (4) Moneys standing to the credit of the Trust Fund of The Queensland Electricity Generating Board immediately prior to the commencement of this Act shall on such commencement be trust moneys held by the Commission and shall be transferred to such Fund or account as is appropriate accordingly. (5) Upon the transfer of the moneys and amounts referred to in this clause in accordance with this clause, the Funds from which they are transferred shall cease to be Funds.

1102 Electricity Act Amendment Act 1984, No. 96 5. Vesting of property , etc., of Generating Board in Commission. (1) In this clause and, in respect of paragraphs (a) and (b), hereafter in this Schedule- (a) The Queensland Electricity Generating Board is referred to as " the Board "; (b) the Queensland Electricity Commission is referred to as " the Commission "; (c) " undertaking " has the meaning that it has pursuant to section 6 of the Principal Act with respect to the Board. (2) On the commencement of this Act- (a) the undertaking of the Board shall be divested from it and shall vest in the Commission; (b) all real and personal property, and every right, title, estate or interest therein and all management or control of anything that immediately prior to the commencement of this Act was vested in or belonged to the Board shall, without any transfer, assignment or conveyance or notice other than this Act, vest in and belong to the Commission; (c) all moneys and liquidated and unliquidated claims that immediately prior to the commencement of this Act were payable to or recoverable by the Board shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Commission; (d) all suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of this Act by or against the Board may be carried on and prosecuted by or against the Commission, and no such suit, action or proceeding shall abate or be prejudicially affected by this Act; (e) all contracts, agreements and undertakings entered into with, and all securities lawfully given to or by, the Board existing at the commencement of this Act shall be deemed to be contracts, agreements and undertakings entered into with, and securities given to or by, the Commission, and may be enforced by or against the Commission accordingly; (f) all debts due and moneys payable by the Board and all liquidated and unliquidated claims recoverable against the Board shall be debts due and moneys payable by and claims recoverable against the Commission; (g) the duty and the right of the Board referred to in section 65 (4) of the Electricity Act Amendment Act1980 shall be the duty and the right of the Commission in respect of the agreement referred to in the said section 65 and, in relation thereto, the Commission may do anything that is incidental to the performance of the duty or the exercise of the right as provided in subsection (5) of the said section in respect of the Board.

Electricity Act Amendment Act 1984, No. 96 1 103 (3) Neither the commencement of this Act nor any provision of this Act prejudicially affects any security, rights, powers, authorities and remedies of any holder of a bond, debenture, mortgage, deed or other security given by the Board prior to the commencement of this Act, but every such holder shall have and continue to have during the currency of his bond, debenture, mortgage, deed or other security the same rights, powers and remedies in respect of the electricity undertaking and other assets of the Commission and the revenue therefrom as if the bond, debenture, mortgage, deed or other security had been given by the Commission instead of by the Board. (4) (a) 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 on receiving notice thereof shall, upon the written request of the Commission, register the Commission for or with respect to any right, title, estate or interest in land that vests in it pursuant to this clause, 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. (b) 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. 6. Employees of Board to be employees of Commission . (I) (a) The person holding the office of General Manager of the Board immediately prior to the commencement of this Act shall on such commencement cease to be the holder of that office and become by force of this provision an employee of the Commission and be deemed to be appointed as such under section 20 of the Principal Act as amended by this Act. (b) He shall be called the General Manager of the generation and transmission undertaking of the Commission and be paid a remuneration at a rate not less than that appropriate to the salary classification on which he was employed as General Manager of the Board immediately prior to such commencement. (c) He shall not be removed from office as such an employee of the Commission save by the Governor in Council for misbehaviour or incapacity or other reason appearing to the Governor in Council to be sufficient for so.doing. (2) The person holding the office of secretary to the Board immediately prior to the commencement of this Act shall on such commencement cease to be the holder of that office and become by force of this provision an employee of the Commission and be deemed to be appointed as such under section 20 of the Principal Act as amended by this Act: Provided, however, that as such employee he shall be paid a remuneration at a rate not less than that appropriate to the salary classification on which he was employed as secretary to the Board immediately prior to the commencement of this Act.

1 104 Electricity Act Amendment Act 1984, No. 96 (3) (a) Subject to subclauses (1) and (2), every person employed in a full time capacity by the Board immediately prior to the commencement of this Act shall on such commencement cease to be an employee of the Board and become by force of this provision an employee of the Commission and, subject to the provisions of this subclause, be deemed to be appointed as such under section 20 of the Principal Act as amended by this Act. (b) Such a person shall on the commencement of this Act be entitled to continue to be paid a remuneration at a rate not less than that appropriate to. the salary or wages classification on which he was employed as an employee of the Board immediately prior to such commencement. (c) Paragraph (b) applies notwithstanding that such an employee is required by the Commission to accept and perform the duties of a position having a lower rate of salary or wages than that of the position held by him as an employee of the Board immediately prior to the commencement of this Act. (d) A person who becomes an employee of the Commission pursuant to this subclause may at his own request be assigned to a position having a lower rate of salary or wages than that of the position held by him as an employee of the Board, and in such a case he shall be paid the salary or wages appropriate to the position to which he is assigned. 7. Report and financial statements of Board for period up to commencement of this Act. (1) The Commissioner shall cause an annual report and annual financial statements of the Board or, if the case so requires, a report and financial statements up to the close of business on the day immediately prior to the commencement of this Act to be prepared as soon as practicable after such commencement. (2) In the preparation of the report and financial statements, regard shall be had to the provisions of the Principal Act with respect to the preparation and audit of financial statements and the preparation and submission to the Commission by the Board of an annual report without reference to any amendments thereof pursuant to this Act, and those provisions shall be observed to the extent of their applicability. 8. Certain certificates void and of no effect . Notwithstanding the provisions of section 268c (6) of the Principal Act as inserted by this Act, any certificate of approval issued pursuant to the provisions of The Electrical Approvals Regulations, 1962 that pursuant to the Principal Act continued in force and is in force immediately prior to the commencement of this Act shall, on such commencement, be void and of no effect. 9. Finalization of certain applications for approval , etc. Any application for approval of a prescribed electrical article made pursuant to Division I of Part IX of the Principal Act prior to the commencement of this Act and not finally determined by the Commission at the time of such commencement and any other matter relating to a prescribed electrical

Elects icity Act Aniendinent Act 1984, No. 96 1 105 article commenced pursuant to that Division prior to the commencement of this Act and not finalized by the Commission at the time of such commencement may be determined or finalized in accordance with the provisions of that Division as it was enacted prior to such commencement within the period referred to in section 262 (4) of the Principal Act as inserted by this Act as if that Division had not been repealed by this Act. 10. Provision may be made by Governor in Council in certain cases. If in any case in respect of the transition from the law in force under the Principal Act before the commencement of this Act to the provisions of the Principal Act as amended by 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. 11. Acts Interpretation Act not affected . Nothing in this Schedule limits the operation and effect of the Acts Interpretation Act1954