Electricity (Continuity of Supply) Act 1985 (Qld)

Queen51ttnb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 1 of 1985 n Act to declare with respect to securing continuity of supply within the electricity industry [ASSENTED TO 6TH MARCH, 1985]

2 .Electricity (Continuity of Supph) Act 1985, No. I 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 (Continuity of Su_ppli) Act 1985. 2. Interpretation . In this Act, except where a contrary intention appears- "Award" means an Award within the meaning of the Industrial Conciliation and Arbitration Act 1961-198.x; "Electricity Board" means an Electricity Board within the meaning of the Electricity Act 1976-1984; "Electricity Commissioner" means the person holding the office of Electricity Commissioner under the Electricity Act 1976- 1984; "Industrial Commission" means The Industrial Conciliation and Arbitration Commission established by the Industrial Conciliation and Arbitration Act 1961-1983 and includes each Commissioner thereof; "supply of electricity" includes a supply of electricity within Queensland and a supply of electricity from a place within Queensland to a place outside Queensland. 3. Authority of Electricity Commissioner . The Electricity Commissioner is authorized- (a) to take whatever steps he considers are necessary to have work performed to provide, to maintain or to restore a supply of electricity; (b) to direct any person whatever who, in his opinion, is capable of carrying out the necessary work to provide, to maintain or to restore a supply of electricity. 4. Consequence of failure to comply with direction . Any employee of the Queensland Electricity Commission or of any Electricity Board who fails to comply forthwith with a direction of the Electricity Commissioner given to him or her pursuant to section 3 is liable..-- (a) to summary dismissal , notwithstanding the provisions of any Award; J. I and (b) to a penalty not exceeding $1 000. 5. Obstruction or harassment prohibited . (1) A person shall not either alone or in concert with any other person- (a) do any act that is calculated to obstruct or interfere with the proper performance by any person of duties ordinarily

Electricity ( Continuity of Supply) Act 1985, No. 1 3 performed by him or her in the course of his or her employment in connection with a supply of electricity; (b) do any act that is calculated to obstruct or interfere with the proper provision of services by any person who is voluntarily providing his or her services in connection with a supply of electricity for the purpose of preserving life, health, welfare or safety of any person or persons or performing work in compliance with a direction given by the Electricity Commissioner; (c) do or omit to do any act, which act or omission is calculated to harass, annoy or cause harm or distress to any person on account of- (i) his or her performance of duties ordinarily performed by him or her in the course of his or her employment in connection with a supply of electricity; or (ii) his or her voluntarily providing services in connection with a supply of electricity for the purpose of preserving life, health, welfare or safety of any person or persons or performing work in compliance with a direction given by the Electricity Commissioner. (2) A person who contravenes any provision of subsection (1) is liable to a penalty not exceeding $1 000. 6. Continued effectiveness of dismissals by SEQEB. Every dismissal of a person by the General Manager of The South East Queensland Electricity Board under the authority conferred on him by Order in Council of 8 February 1985, published in the Gazette of the same date and purporting to be made in connexion with a state of emergency proclaimed under the State Transport Act 1938-1981 by Proclamation of emergency of 7 February 1985 published in the Gazette of the same date shall continue to be lawful and effectual notwithstanding that the Proclamation of emergency has ceased to be in force. 7. Contracts of service made or to be made by SEQEB. (1) Every contract of service entered into by The South East Queensland Electricity Board under the authority conferred on it by Order in Council of 1 I =ebruary 1985, published in the Gazette of the same date and purporting to be made in connexion with a state of emergency proclaimed under the State Transport Act 1938-1981 by Proclamation of emergency of 7 February 1985 published in the Gazette of the same date shall continue to be lawful and of full force and effect and The South East Queensland Electricity Board shall continue to be authorized to employ each person with whom such a contract has been made in accordance with the terms of the contract, including the terms prescribed or construed by that Order in Council, notwithstanding that the Proclamation of emergency has ceased to be in force. (2) The South East Queensland Electricity Board is authorized to enter into a contract of service with any person who, but for this subsection, would have been employed by the Board subject to and in

4 Electricity (Continuity of Supply) Act 1985, No. I accordance with the provisions of the Electrical Engineering Award---- State, and thereafter to employ such person in accordance with the terms of the contract. (3) Every contract entered into pursuant to subsection (2) shall be deemed to contain- (a) the provisions of the Electrical Engineering Award-State except that- (i) any reference in the award to hours of duty being 36V,. per week or 71/4 per day shall be deemed to read 38 hours and 7 3/5 hours respectively and any provision in the award based on 361/4 hours per week or 71/4 hours per day shall be varied accordingly; (ii) the proviso to clause 10 (1) (b) shall be deemed to be deleted; and (iii) clause 24 thereof shall be deemed to be deleted; (b) a provision that such employee shall not take part in any, strike within the meaning of the Industrial Conciliation and .Arbitration Act 1961-1983. (4) Where a term of a contract referred to in subsection (1) or entered into pursuant to subsection (2) is prescribed (by an Order in Council or by subsection (3)) by reference to the Industrial Conciliation and Arbitration Act 1961-1983, then if that Act is amended in any relevant respect the term of the contract shall be taken to have been prescribed by reference to that Act as last amended. 8. Limitation of Industrial Commission ' s jurisdiction. Notwithstanding the provisions of any other Act, the Industrial Commission has not jurisdiction to make any decision within the" meaning of the Industrial Conciliation and Arbitration Act 1961-1983 or recommendation, or give any other indication that- (a) is directed to the re-instatement or re-employment of- any person whose dismissal is declared by section 6 to continue to be lawful and effectual; or (ii) any person summarily dismissed by reason of his failure to comply with a direction of the Electricity Commissioner given to him or her pursuant to section 3; or (b) is directed to or might result in the negation or avoidance of the provisions of section 3 or 7 or the substitution, in respect of persons employed under contracts referred to in section 7, of other terms of employment- (i) for the terms of employment prescribed or construed by the Order in Council referred to in section 7 (1); or

Electricity (Continuity of Supply) Act 1985, No. 1 5 (ii) for the terms of employment prescribed or construed by section 7 (3). 9. Recovery of penalties . (1) Subject to this section, a penalty incurred under this Act may be recovered in a summary way by complaint in accordance with the Justices Act 1886-1982. (2) Where an order for the payment of a penalty incurred under this Act or of costs in connexion therewith is made against any person, an order that, upon default in payment of the penalty or costs, the person in default be imprisoned or that the amount thereof be recovered by levy and distress shall not be made by the Magistrates Court but the following provisions of this section shall apply in relation to the recovery thereof. (3) Where an order referred to in subsection (2) is made the clerk of the court or other person having custody of the record of the proceeding in which the order was made shall furnish to the complainant, or other person authorized by the Premier of the State, a certificate of the order in the prescribed form and that certificate may be registered in a court having jurisdiction in civil proceedings in which the amount claimed is the amount required by the order to be paid. (4) The registrar of a court to whom a certificate referred to in subsection (3) is duly produced for registration shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court in which it is registered and the order to which it refers shall be deemed to be a judgment of that court, duly entered, obtained by the complainant, or other person to whom the certificate was furnished, as plaintiff against the person in default as defendant for the payment to the plaintiff of money comprising- (a) the amount of the penalty; (b) any costs ordered to be paid by the person in default in the proceeding in which the penalty was imposed; and (c) costs of registration of the certificate in the court, to the intent that like proceedings (including proceedings in bankruptcy) may be taken to recover the amount of the judgment as if the judgment had been given by the court in favour of the plaintiff. 10. Regulations . The Governor in Council may make regulations providing for all matters required or permitted by this Act to be prescribed.