Electricity and Water (Consequential Amendments) Act 1988 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Electricity and Water (Consequential Amendments) Ordinance 1988

No. 31 of 1988

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 30 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARY PUNCH

Minister of State for the Arts
and Territories

An Ordinance to amend certain Ordinances of the Territory in consequence of the Electricity and Water Ordinance 1988

Short title

1.  This Ordinance may be cited as the Electricity and Water (Consequential Amendments) Ordinance 1988.1

Commencement

2.  This Ordinance shall come into operation on 1 July 1988.

Repeal

3.  The Water (Restriction of Use) Ordinance 1959 is repealed.

Consequential amendments

4.  The Ordinances specified in the Schedule are amended as set out in that Schedule.

Transitional

5.  (1)  The person who, immediately before the commencement date was the Registrar of Electrical Contractors and Electricians appointed under section 6 of the Electricity Ordinance 1971 shall be deemed to have been appointed, on the commencement date, by the Authority under that section.

(2)  A person who, immediately before the commencement date, was as inspector appointed under section 32T of the Electricity Ordinance 1971 shall be deemed to have been appointed, on the commencement date, by the Authority to be an inspector for the purposes of that Ordinance.

(3)  A person who, immediately before the commencement date, was an inspector appointed under subsection 17 (2) of the Sewerage Rates Ordinance 1968 shall be deemed to have been appointed, on the commencement date, by the Authority to be an inspector for the purposes of that Ordinance.

(4)  A person who, immediately before the commencement date, was a meter reader appointed under section 22 of the Water Rates Ordinance 1959 shall be deemed to have been appointed, on the commencement date, by the Authority to be a meter reader for the purposes of that Ordinance.

(5)  In this section, “commencement date” has the same meaning as in Part X of the Electricity and Water Ordinance 1988.

Saving

6.  Notwithstanding the amendments of the Building and Services Ordinance 1924 effected by this Ordinance, the Canberra Sewerage and Water Supply Regulations, in force immediately before 1 July 1988, continue in force on and after that date as if they were regulations made by the Minister under the Electricity and Water Ordinance 1988.

SCHEDULE  Section 4

AMENDMENTS OF OTHER ORDINANCES

Building Ordinance 1972

Paragraph 53 (9) (c):

Insert “and Water” after “Electricity”.

Building and Services Ordinance 1924

Section 1A (definition of “services”):

(a)Omit “the supply of water or electricity,”.

(b)Omit “the provision of a sewerage system,”.

Section 1A:

Insert the following definition in its appropriate alphabetical position:

“ ‘Authority’ means the Australian Capital Territory Electricity and Water Authority;”.

Section 3:

Omit all the words after “Ordinance” (first occurring), substitute “and the regulations, other than provisions relating to the supply of electricity or water or the provision of a sewerage system”.

Section 3D:

Omit “Commonwealth”, substitute “Authority”.

Section 3F:

Omit all the words after “published”, substitute “in the Gazette, determine fees and charges for the purposes of the Ordinance in relation to the supply of services”.

Electricity Ordinance 1971

Subsection 4 (1) (definitions of “the Act”, “the Authority” and “the Chairman”):

Omit the definitions.

Subsection 4 (1):

Insert the following definitions in their respective appropriate alphabetical positions:

“ ‘Authority’ means the Australian Capital Territory Electricity and Water Authority;

‘Chief Executive Officer’ has the same meaning as in the Electricity and Water Ordinance;

‘Electricity and Water Ordinance’ means the Electricity and Water Ordinance 1988;”.

Paragraph 27 (1) (b):

Omit all the words after “determination”, substitute “under section 6 of the Electricity and Water Ordinance”.

Paragraph 27 (1) (f):

Omit all the words after “contravened”, substitute “section 55 or 76 of the Electricity and Water Ordinance”.

Subsection 32G (3):

Omit “Chairman”, substitute “Chief Executive Officer”.

Subsection 32G (4):

Omit “chairman”, substitute “Chief Executive Officer”.

Paragraphs 32K (1) (a) and (b):

Omit “Chairman”, substitute “Chief Executive Officer”.

Subsections 32T (1) and (2) and 33 (1) and (3B):

Omit “Chairman”, substitute “Chief Executive Officer”.

Paragraph 34 (1) (c):

Omit “made by the Authority under section 18 of the Act”, substitute “under section 6 of the Electricity and Water Ordinance”.

Subsection 34 (2):

Omit “Chairman”, substitute “Chief Executive Officer”.

Subsection 41 (1):

Omit “Chairman”, substitute “Chief Executive Officer”.

Paragraph 41 (1) (a):

Omit all the words after “determination”, substitute “under section 6 of the Electricity and Water Ordinance”.

After section 43:

Insert the following section:

Payment of fees

“43A.  Where a fee is payable under this Ordinance, the fee shall be paid to the Authority.”.

Land Rent and Rates (Deferment and Remission) Ordinance 1970

Section 2A:

Omit all the words after “1926”.

After section 2A:

Insert the following section:

Application after 30 June 1988

“2AB.  In the application, after 30 June 1988, of this Ordinance to rates other than land rates—

(a)a reference to the Minister (other than in section 24), the Secretary or the Commonwealth shall be read as a reference to the Authority; and

(b)any pronoun referring to the Minister or Secretary shall be read accordingly.”.

Nature Conservation Ordinance 1980

Section 76A:

Omit all the words from and including “Australian” to and including “Act 1962”, substitute “Australian Capital Territory Electricity and Water Authority”.

Plumbers, Drainers and Gasfitters Board Ordinance 1982

Section 3 (definition of “Proper Authority”):

Omit the definition, substitute the following definition:

“ ‘Proper Authority’ has the same meaning as in the Canberra Sewerage and Water Supply Regulations;”.

Sewerage Rates Ordinance 1968

Subsection 4 (1) (definitions of “appropriate officer”, “delegate of the Minister”, “Department” and “Secretary”):

Omit the definitions.

Subsection 4 (1) (definition of “sewerage services”):

Omit “Minister”, substitute “Authority”.

Subsection 4 (1):

Insert the following definitions in their appropriate alphabetical positions:

“ ‘Authority’ means the Australian Capital Territory Electricity and Water Authority;

‘Electricity and Water Ordinance’ means the Electricity and Water Ordinance 1988;”.

Subsection 4 (1A):

(a)Insert “for sewerage rates” after “charge”.

(b)Omit all the words after “Minister”, substitute “Authority under section 48 of the Electricity and Water Ordinance”.

Section 7:

Omit “, in accordnance with this Ordinance,”.

Section 9:

Omit “19A”, substitute “50 of the Electricity and Water Ordinance”.

Subsection 11 (5):

Omit “appropriate officer”, substitute “Authority”.

Subsection 13 (2):

Omit “Commonwealth”, substitute “Authority”.

Subsection 13 (3):

Omit “appropriate officer”, substitute “Authority”.

Subsection 13 (4):

(a)Omit “Commonwealth” (last occurring), substitute “Authority”.

(b)Omit “28A”, substitute “48 of the Electricity and Water Ordinance”.

Subsection 17 (1):

Omit the subsection.

Subsection 17 (2):

(a)Omit “Minister”, substitute “Authority”.

(b)Omit “under his hand”.

(c)Omit “he”, substitute “it”.

Subsection 17 (3):

Omit “Minister”, substitute “Authority”.

Subsection 19 (1):

(a)Omit “delegate of the Minister”, substitute “Authority”.

(b)Omit “by this Ordinance”.

Subsection 19 (3):

Omit “delegate of the Minister”, substitute “Authority”.

Section 19A:

Repeal the section.

Section 20:

Omit “Commonwealth”, substitute “Authority”.

Subsection 21 (1):

Omit “Commonwealth” (last occurring), substitute “Authority”.

Subsection 21 (2):

Omit “Commonwealth”, substitute “Authority”.

Section 23:

Repeal the section.

Subsection 24 (1):

Omit all the words from and including “Secretary”, substitute “Authority may, in writing,”.

Subparagraph 24 (1) (a) (iv):

Omit “delegate of the Minister”, substitute “Authority”.

Subparagraph 24 (1) (b) (v):

Omit “delegate of the Minister”, substitute “Authority”.

Paragraph 24 (3) (b):

Omit “Secretary”, substitute “Authority”.

Subsection 25 (1):

(a)Omit “Minister”, substitute “Authority”.

(b)Omit “within one year after the commencement of this Ordinance”.

(c)Omit “him”, substitute “it”.

Subsection 27 (3):

Omit “Commonwealth”, substitute “Authority”.

Subsection 28 (3):

Omit “Minister”, substitute “Authority”.

Subsection 28A (1):

Omit the subsection.

Subsection 28A (2):

Omit “under sub-section (1)”, substitute “in relation to sewerage rates”.

Water Rates Ordinance 1959

Subsection 4 (1) (definitions of “delegate of the Minister”, “Department” and “Secretary”):

Omit the definitions.

Subsection 4 (1) (definition of “meter reader”):

Omit “Minister”, substitute “Authority”.

Subsection 4 (1):

Insert the following definitions in their respective appropriate alphabetical positions:

“ ‘Authority’ means the Australian Capital Territory Electricity and Water Authority;

‘Electricity and Water Ordinance’ means the Electricity and Water Ordinance 1988;”.

Subsection 4 (1AA):

(a)Insert “for water rates” after “charge”.

(b)Omit “33A for the purposes of that provision”, substitute “48 of the Electricity and Water Ordinance”.

Section 5:

Omit “in accordance with this Ordinance”.

Subparagraphs 6 (1) (b) (i) and (ii):

Omit “33A”, substitute “48 of the Electricity and Water Ordinance”.

Subsection 6 (3):

(a)Omit “33A” (first occurring), substitute “48 of the Electricity and Water Ordinance”.

(b)Omit “section 33A” (last occurring), substitute “that section”.

Subsection 7 (4):

Omit “delegate of the Minister”, substitute “Authority”.

Paragraph 7A (1) (b):

Omit “33A”, substitute “48 of the Electricity and Water Ordinance”.

Subsection 7A (3):

Omit “33A”, substitute “48 of the Electricity and Water Ordinance”.

Paragraph 7B (1) (b):

Omit “33A”, substitute “48 of the Electricity and Water Ordinance”.

Subsection 7B (3):

Omit “33A”, substitute “48 of the Electricity and Water Ordinance”.

Paragraph 7C (1) (b):

Omit “33A”, substitute “48 of the Electricity and Water Ordinance”.

Subsection 7C (3):

Omit “33A”, substitute “48 of the Electricity and Water Ordinance”.

Subparagraph 14 (1) (c) (ii):

Omit “33A”, substitute “48 of the Electricity and Water Ordinance”.

Subsections 17 (1) and (2):

Omit “The delegate of the Minister”, substitute “The Authority”.

Subsections 17 (1A), (3), (4) and (5):

Omit “delegate of the Minister” (wherever occurring), substitute “Authority”.

Section 18:

Omit “delegate of the Minister” (wherever occurring), substitute “Authority”.

Subsection 19 (1):

Omit “delegate of the Minister”, substitute “Authority”.

Section 20:

Omit “delegate of the Minister”, substitute “Authority”.

Section 20A:

(a)Omit “delegate of the Minister”, substitute “Authority”.

(b)Omit “he”, substitute “it”.

Section 20B:

Omit “delegate of the Minister” (wherever occurring), substitute “Authority”.

Subsection 21 (1):

Omit “delegate of the Minister” (wherever occurring), substitute “Authority”.

Section 21A:

Repeal the section.

Section 22:

(a)Omit “Minister may, by writing under his hand,”, substitute “Authority may, by writing,”.

(b)Omit “he”, substitute “it”.

Subsections 24 (1) and (2):

Omit “delegate of the Minister”, substitute “Authority”.

Section 24A:

Repeal the section.

Subsections 25 (1) and (2):

Omit “delegate of the Minister” (wherever occurring), substitute “Authority”.

Section 26:

Omit “Commonwealth”, substitute “Authority”.

Subsection 26A (1):

Omit “Commonwealth” (last occurring), substitute “Authority”.

Subsection 26A (2):

Omit “Commonwealth”, substitute “Authority”.

Subsection 27 (1):

Omit “delegate of the Minister”, substitute “Authority”.

Section 29:

Repeal the section.

Subsection 30 (1):

(a)Omit “Secretary”, substitute “Authority”.

(b)Omit “him”, substitute “it”.

(c)Omit “under his hand”.

Paragraph 30 (3) (b):

Omit “Secretary”, substitute “Authority”.

Subsection 32 (2):

Omit “Commonwealth”, substitute “Authority”.

Subsection 33 (1):

Omit “The delegate of the Minister or a meter reader”, substitute “A meter reader or another person authorised by the Authority”.

Subsection 33 (2):

Omit “the delegate of the Minister or a meter reader”, substitute “a person referred to in subsection (1)”.

Subsection 33A (1):

Omit “and charges”.

Subsection 33A (2):

Omit “sub-section (1)”, substitute “section 48 of the Electricity and Water Ordinance in relation to water rates”.

After section 33A:

Insert the following section:

Payment of fees

“33B.  Where a fee is payable under this Ordinance, the fee shall be paid to the Authority.”.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 30 June 1988.