Electricity Industry (Miscellaneous Amendment) Act 1997 (Vic)
Electricity Industry (Miscellaneous Amendment)
Act 1997
Act No. 35/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2 3. Principal Act 2
PART 2—AMENDMENT OF PRINCIPAL ACT 3
4. Directions 3 5. Functions and powers of VPX 3 6. New section 41CA inserted 3 41CA. System security agreement 3 7. Amendment of sections 77 and 78 4 8. Trade Practices Act and Competition Code 4 9. Pool rules 5 10. Amendment of Part 12 5 11. Amendment of tariff order 5 12. Amendment of sections 158D—167 6 13. Amendment of section 158C 6 14. New section 163AAA inserted 7 163AAA. Condition in distribution company licence 7 15. New section 165A substituted 9
165A. Resolution of certain disputes 9
16. New Part 17 inserted 10 PART 17—OTHER LAND 10
219. Revocation of river reservation—Goulburn River 10 220. Revocation of river reservation—Mitta Mitta River 10 221. Consequences of revoking reservations 10 222. Rights in roads to cease 11
17. New Part 5 of Schedule 3C inserted 11 PART 5 11
i
Section Page PART 3—POWER NET VICTORIA 13
18. Definitions 13 19. Amendment of Principal Act 13 20. Power to acquire land 14 21. Amendment of sections 44A, 45A and 46 15 22. Further amendment of Principal Act 15 23. Amendment of Part 11B 16 24. Amendment of sections 156, 163AA and 168 17
PART 4—TRANSFER OF PROPERTY 18
25. New Part 11AC inserted 18 PART 11AC—TRANSFER OF CERTAIN PROPERTY AND STAFF OF NOMINATED TRANSFEROR COMPANIES 18 Division 1—Definitions and applications 18 153TQ. Definitions 18 153TR. Nomination of transferor company 20 Division 2—Allocation of property 20 153TS. TCO to prepare allocation statement 20 153TT. Certificate of Administrator 21 Division 3—Transfer of property 22 153TU. Property transferred 22 153TV. Allocation of property etc. subject to encumbrances 23 153TW. Substitution of party to agreement 23 153TX. TCO instruments 23 153TY. Proceedings 24 153TZ. Interests in land 24 153TZA. Amendment of Register 24 153TZB. Evidence 25 153TZC. Validity of things done under this Part 26 Division 4—Staff 27 153TZD. List of TCO staff 27 153TZE. Transfer of TCO staff 27 153TZF. Future terms and conditions of transferred employees 28 153TZG. Superannuation 29
PART 5—AMENDMENT OF OTHER ACTS 30
26. Amendment of State Electricity Commission Act 1958 30 27. Amendment of Electric Light and Power Act 1958 31
ii
Section Page 28. Commencement of Electricity Industry (Amendment) Act
1996 31 29.
Amendment of Water Act 1989 31 30.
Amendment of National Parks Act 1975 31 31.
Amendment of other Acts 32
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NOTES 33
iii
Victoria
No. 35 of 1997
Electricity Industry (Miscellaneous Amendment) Act 1997†
[Assented to 3 June 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is—
(a) to provide for further miscellaneous 1993;
(b)
to provide for the corporatisation and privatisation of Power Net Victoria.
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 2
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Sections 10, 12, and 15 come into operation on a day or days to be proclaimed.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.(4) If a provision referred to in sub-section (3) does
not come into operation before 1 June 1998, it
comes into operation on that date.
3. Principal Act
In this Act, the Electricity Industry Act 1993 is
No. 130/1993. Reprinted to
called the Principal Act. No. 79/1995
and
subsequently
amended by
Nos 4/1996,
8/1996 and
48/1996.
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PART 2—AMENDMENT OF PRINCIPAL ACT
4. Directions
(1) In section 17(1) of the Principal Act—
(a) in paragraph (a), omit "in the State";
(b) in paragraphs (b) and (c), omit "in Victoria".
(2) After section 17(3) of the Principal Act insert—
"(3A) The Minister may, in writing, revoke the exemption from directions applying to an instrument specified under sub-section (3).".
5. Functions and powers of VPX
In section 41C(1) of the Principal Act, for "and
the licence conditions under Part 12" substitute ",
the licence conditions under Part 12 and any
system security agreement that is in force and in
respect of which a declaration under section 41CAis in force".
6. New section 41CA inserted
After section 41C of the Principal Act insert—
"41CA. System security agreement
If an agreement between the Minister and a responsible Minister of the Crown in right of another State or a Territory relating to the security of the electricity system in Victoria and that State or Territory is in force, the Minister, by notice published in the Government Gazette, may declare that agreement to be a system security agreement for the purposes of section 41C.".
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 7
7. Amendment of sections 77 and 78
(1) In section 77 of the Principal Act for sub-section
(5) substitute—
'(5) In relation to an amendment, or further
amendment, of a statement after the
commencement of section 7 of the
Electricity Industry (Miscellaneous
Amendment) Act 1997, "electricity
corporation" in this section includes VPX,
a public distribution company, a public
transmission company and a publicgeneration company.'.
(2) In section 78(4) of the Principal Act, after "public
distribution company" insert ", a public
transmission company".
8. Trade Practices Act and Competition Code
(1) In section 91AA(1) of the Principal Act, for
paragraph (e) substitute—
"(e) except as provided in sub-section (4), a
licence issued under Part 12;".
(2) After section 91AA(3) of the Principal Act
insert—
"(4) The authority conferred by sub-section (1)
does not apply to requirements or
authorisations under a condition of a licenceissued under Part 12 that—
(a)
requires the licensee to observe specified industry codes;
(b)
provides for the resolution of disputes between the licensee and other persons;
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(c) requires the licensee to pay to the Office specified fees and charges in respect of the licence; (d) specifies the procedures to apply if an section 166;
(e)
specifies procedures for variation or revocation of the licence.".
9. Pool rules
In section 91AA(1) of the Principal Act, paragraph (f) is repealed.
10. Amendment of Part 12
In section 154 of the Principal Act, after the
definition of "licence" insert—' "National Electricity Code" has the same
meaning as "Code" has in the National
Electricity Law;'.
11. Amendment of tariff order
After section 158A(3) of the Principal Act
insert—"(4) In the Order made under sub-section (1) on
20 June 1995 and published in the
Government Gazette on 30 June 1995, clause4.4 is revoked.
(5) Despite the revocation of clause 4.4 of the
Order referred to in sub-section (4), the revocation does not have effect for the purposes of the Order as a retailing change in
taxes, a PowerNet change in taxes, a network
change in taxes or a generator change in
taxes within the meaning of the Order.".
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 12
12. Amendment of sections 158D—167
In the Principal Act—
(a) sections 158D and 158E are repealed.
(b)
in section 162(2A), for "pool rules and the pool rules include" substitute "National Electricity Code and the Code includes";
(c)
in section 163(3)(c) omit "and specified pool rules";
(d) in section 163(6)(a) and (b)—
(i) omit "or specified pool rules";
(ii) omit "or rule";
(e) in section 163(7)—
(i) omit "or the pool rules";
(ii) omit "or the rules";(iii) omit "or those rules";
(f)
in section 167(7) for "pool rules and the pool rules include" substitute "National Electricity Code and the Code includes".
13. Amendment of section 158C
(1) In section 158C of the Principal Act, for
paragraph (a) substitute—
"(a) except in accordance with this section, anyOrder in force under section 158A cannot be amended or varied, but may be wholly revoked; and";
(2) At the end of section 158C of the Principal Act
insert—
"(3) An Order in force under section 158A may
be amended, on the recommendation of the
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Treasurer, by one Order only of the
Governor in Council published in theGovernment Gazette for the purpose of—
(a) applying the Order to transmission companies; (b) amending or varying the Order in so far as it applies to transmission companies; (c) as it applies to persons other than
transmission companies if the
amendment or variation isamending or varying the Order in so far variation under paragraph (b).".
14. New section 163AAA inserted
After section 163 of the Principal Act insert—
'163AAA. Condition in distribution company licence
(1) Without limiting the generality of section 163, the conditions to which a licence to distribute or supply electricity is subject may
include a requirement that the licensee, on
terms and conditions approved by the Office,
supply and sell electricity to emergency
customers.(2) In determining the terms and conditions of a
requirement referred to in sub-section (1),
the Office must have regard to the risks and
costs associated with the requirement.
(3) A requirement referred to in sub-section (1)
does not apply so as to require the licensee to
supply and sell electricity—
(a)
outside the distribution area within the meaning of the licensee's licence; or
(b)
to a non-franchise customer of a person who holds a licence to sell electricity
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 14 who elects, in writing given to the
licensee, not to be an emergency
customer in relation to that licensee.(4) If the conditions to which a licence of a licensee is subject include a requirement referred to in sub-section (1), the licensee is
deemed to be the holder of a licence to sell
electricity to the extent necessary to complywith the requirement.
(5) The obligation of a licensee to supply and
sell electricity to an emergency customer in accordance with a requirement referred to in sub-section (1) commences when the right of the relevant person who holds a licence to
sell electricity, being a right to acquire
electricity from the market for wholesale
trading in electricity, is suspended or
terminated and ends after 3 months or when
the emergency customer advises the licensee
in writing that the supply and sale is nolonger required, whichever first occurs.
(6) A distribution company to which a condition
referred to in sub-section (1) applies may declare, from time to time, subject to that condition and any other conditions of its licence and with the approval of the Office,
by notice published in the Government the distribution company will supply and sell electricity to emergency customers.
(7) The terms and conditions of which notice
has been given by a distribution company in accordance with sub-section (6) are binding
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on the distribution company and the
emergency customers to which they apply
and, when the distribution company is acting
in accordance with the condition referred to
in sub-section (1), the terms and conditions
have effect despite any agreement or
instrument (other than this Act or any Order
made under section 158A) to the contrary
relating to the supply and sale of electricity
to those customers.(8) A distribution company and an emergency
customer to whom the distribution company
has an obligation under sub-section (5) to
supply and sell electricity are deemed to
have entered into a contract on the terms and
conditions published under sub-section (6).
(9) In this section—
"emergency customer" in relation to a
licensee, means a non-franchise
customer of a person who holds a
licence to sell electricity whose right to
acquire electricity from the market for
wholesale trading in electricity is
suspended or terminated.'.
15. New section 165A substituted
For section 165A of the Principal Act substitute—
"165A. Resolution of certain disputes
The Office may resolve, or seek to resolve, in accordance with procedures specified by the Office, disputes between 2 or more
persons, none of whom are licensees,
relating to the operation, as between those
persons, of an industry code.".
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 16
16. New Part 17 inserted
Before Schedule 1 to the Principal Act insert—
"PART 17—OTHER LAND
219. Revocation of river reservation—Goulburn
RiverThe Order in Council specified in item 1 of
Part 5 of Schedule 3C is revoked insofar as it
applies to the land delineated and coloured
light green on the plan lodged in the Central
Plan Office of the Office of Surveyor
General and numbered LEGL./97-26.220. Revocation of river reservation—Mitta
Mitta RiverThe Order in Council specified in item 2 of
Part 5 of Schedule 3C is revoked insofar as it
applies to the land delineated and coloured
light green on the plan lodged in the Central
Plan Office of the Office of Surveyor
General and numbered LEGL./97-27.221. Consequences of revoking reservations in Council reserving land—
(a) land of the Crown, freed and
discharged from all trusts, limitations,the land is deemed to be unalienated encumbrances, estates and interests;
(b)
the appointment of any committee of management is revoked to the extent that it applies to the land;
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(c)
any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land.
222. The land delineated and coloured blue on the
plans lodged in the Central Plan Office of the
Office of Surveyor General and numbered
LEGL./97-26 and LEGL./97-27 cease to be
roads and all rights, easements and privilegesRights in roads to cease public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease.".
17. New Part 5 of Schedule 3C inserted
In Schedule 3C to the Principal Act, after Part 4 insert—
"PART 5
Land in respect of which reservations are revoked
Description
of land by
Situation Instrument reference to and area of and date of
Government Purpose of Extent of
Item land reservation Gazette reservation revocation 1. Bed and Order in Government Site for public That part of 30·18 metres Council dated Gazette dated purposes. the reserve from each 23 May 1881. 27 May 1881, delineated and bank of the page 1389. coloured light Goulburn green on the River less plan lodged in excisions the Central authorised by Plan Office of Act No. 5909 the Office of and Act No. Surveyor 9922. General and
numbered
LEGL./97-26
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 17 Description
of land by
Situation Instrument reference to and area of and date of
Government Purpose of Extent of
Item land reservation Gazette reservation revocation 2. Bed and Order in Government Site for public That part of 30·18 metres Council dated Gazette dated purposes. the reserve from each 23 May 1881. 27 May 1881, delineated and bank of the page 1389. coloured light Mitta Mitta green on the River less plan lodged in excisions the Central authorised by Plan Office of Act No. 6413 the Office of and Act No. Surveyor 37/1989. General and
numbered
LEGL./97-27"
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Electricity Industry (Miscellaneous Amendment) Act 1997
s. 18
| s. 19 | Act No. 35/1997 |
PART 3—POWER NET VICTORIA
18. Definitions
In section 3(1) of the Principal Act—
(a) transmission company which is— after the definition of "public generation ' "public transmission company" means a
(a) a statutory authority; or
(b)
a company all the shares in which are held by, or on behalf of, the State or a statutory authority;';
(b)
after the definition of "transferee" insert— ' "transmission company" means—
(a) continues to hold a licence to
Power Net Victoria while it Part 12;
(b) licence to transmit electricity
issued under Part 12, being a
person declared by Order of the
Governor in Council published in
the Government Gazette to be aa person who is the holder of a purposes of this Act;';
(c) in paragraph (a) of the definition of insert ", a transmission company";
(d) in the definition of "undertaking" after transmission company".
19. Amendment of Principal Act
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997
In the Principal Act—
(a) in section 4A(1)—
(i) after "distribution company" (where
first appearing) insert ", transmission
company";(ii) secondly appearing) insert "or
after "distribution company" (where transmission company";
(b) in section 26(4) after "distribution company" insert ", a public transmission company"; (c) in section 27(2), (3) and (4), after "distribution company" insert "or a transmission company"; (d) in section 29(3) after "distribution company" insert ", a public transmission company"; (e) in sections 35(13), 36(2), 36A(3), and 37(6), ", a public transmission company";
(f) in section 38(2) and (3), after "public distribution company" insert ", public transmission company"; (g) in section 42AA, after "distribution company".
20. Power to acquire land
(1) In section 42(1) of the Principal Act—
(a) omit "Power Net Victoria or" (where first occurring); (b) for "Power Net Victoria or VPX, as the case requires" substitute "VPX".
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(2) In section 42(2) of the Principal Act, for
paragraph (b) substitute—
"(b) VPX is the authority.".(3) In section 42A(3) of the Principal Act, after
"distribution company" insert ", a transmission
company".
21. Amendment of sections 44A, 45A and 46
(1) In section 44A of the Principal Act, for "Power
Net Victoria" (wherever occurring) substitute "a transmission company".
(2) In section 45A(a) of the Principal Act, after
"distribution companies" insert ", transmission
companies".
(3) In section 46 of the Principal Act—
(a)
in sub-section (1) omit "Power Net Victoria or";
(b)
in sub-section (1A), after, "distribution company", insert ", transmission company".
22. Further amendment of Principal Act
In the Principal Act—
(a)
in section 47(4)(a), after "distribution company" insert ", transmission company";
(b)
in section 84A after "public distribution company" insert ", public transmission company";
(c)
in section 84AB(1) after "generation company" insert ", transmission company";
(d)
in section 84C after "public distribution company" insert ", public transmission company";
(e)
in section 86(a) after "distribution company," insert "a transmission company,";
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 23
(f) in section 90 after "public distribution company" (wherever occurring) insert ", public transmission company"; (g) in section 91A after "distribution company" insert ", a transmission company"; (h) in section 91AB after "distribution company" insert ", a transmission company"; (i) in section 99(6A) after "distribution company";
(j) in section 103(2), after "distribution (where twice occurring);
(k) in section 103(3)—
(i) after "distribution company" (where transmission company";
(ii) after "distribution company" (where
thirdly occurring) insert "or
transmission company, as the case
requires,".
23. Amendment of Part 11B
(1) In sections 153U and 153V of the Principal Act,
after "public distribution company" insert ",
public transmission company".
(2) In section 153W of the Principal Act, before sub-
section (1) insert—
"(1A) A transmission company that is liable under section 103(3) to pay certain amounts to the Treasurer must, if so directed by the
Treasurer, pay those amounts to SEC and not to the Treasurer.".
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(3) In section 153W(4) of the Principal Act, after
"distribution company" insert ", a transmission
company".
(4) In section 153X(a) of the Principal Act, after
"public distribution company" insert ", a public
transmission company".
24. Amendment of sections 156, 163AA and 168
In the Principal Act—
(a) in section 156, after "company" insert company";
(b) in section 163AA(3)—
(i) after "a distribution company" insert ", a transmission company";
(ii) after "public distribution company"
insert ", public transmission company";(c)
in section 168, after "distribution company" insert ", transmission company".
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Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 25
PART 4—TRANSFER OF PROPERTY
25. New Part 11AC inserted
After Part 11AB of the Principal Act insert—
'PART 11AC—TRANSFER OF CERTAIN
PROPERTY AND STAFF OF NOMINATED TRANSFEROR COMPANIES
Division 1—Definitions and applications
153TQ. Definitions
(1) In this Part—
"former TCO property" means property,
rights or liabilities of a TCO that, under
this Part, have vested in, or become
liabilities of another person;
"new employer", in relation to a transferred TCO employee, means the person by which, by virtue of section 153TZE, the transferred TCO employee is regarded as being employed with effect from the relevant date;
"relevant date"—
(a) statement or property, rights or
liabilities allocated under an
allocation statement, means thein relation to an allocation sub-section (2) for the purposes of that statement;
(b)
in relation to a document referred to in section 153TZD(1), means a date fixed by the Minister under
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sub-section (2) for the purposes of
that document;"TCO" means a transferor company that is
nominated by the Minister under
section 153TR;
"TCO instrument" means an instrument
(including a legislative instrument other
than this Act) subsisting immediately
before the relevant date in relation to a
TCO—
(a) to which the TCO was a party; or
(b)
that was given to or in favour of the TCO; or
(c) that refers to the TCO; or
(d) under which—(i) money is, or may become, payable to or by the TCO; or
(ii) other property is to be, or may become liable to be, transferred to or by the TCO;
"TCO transferee", in relation to former TCO property, means the person to which the property has been transferred
under this Part;
"transferred TCO employee" means a
person who, by virtue of section
153TZE, is regarded as being employed
by a new employer with effect from the
relevant date.
"transferor company" means a public transmission company or a public generation company;
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 25 (2) The Minister may, by notice published in the Government Gazette—
(a)
fix a relevant date for the purposes of an allocation statement under section 153TS;
(b)
fix a relevant date for the purposes of a document referred to in section 153TZD(1).
153TR. Nomination of transferor company
If the Treasurer, on behalf of the State, enters into an agreement for the sale or transfer of property, rights and liabilities of a transferor company, the Treasurer may nominate the transferor company for the purpose of this Part.
Division 2—Allocation of property
153TS. TCO to prepare allocation statement(1) The TCO must give to the Treasurer and the Minister, within the period of 3 months after the date on which the the TCO is nominated under section 153TR or within such longer
period as the Treasurer and the Minister
approve, a statement or statements approved
by the Minister relating to the property,
rights and liabilities of the TCO as at a date
specified by the Minister for the purposes ofthe relevant statement.
(2) A statement under this section—
(a)
must allocate the property, rights and liabilities of the TCO shown in the statement to, or between, the person or persons nominated in writing by the Minister;
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| s. 25 | Act No. 35/1997 |
(b) must be signed by the chief executive officer of the TCO. (3) If a statement under this section is approved by the Treasurer and the Minister—
(a) the Treasurer and the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. (4) The Treasurer and the Minister may at any time direct the TCO to amend a statement given to them under this section as specified
in the direction.
(5) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister.
(6) A direction under sub-section (4) or an
affect a person or persons nominated by the
amendment under sub-section (5) that would given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority or have consented in writing to the direction or amendment. (7) In this section, "statement" and "allocation statement" include a statement or allocation statement amended in accordance with this
section.
153TT. Certificate of Administrator
(1) A certificate signed by the Administrator
certifying that property, rights or liabilities of the TCO specified in the certificate have been allocated under the allocation statement
to a person so specified is, unless revoked
under sub-section (2), conclusive evidence—
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 25
(a)
that the property, rights or liabilities have been so allocated; and
(b)
that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.
(2) If the Treasurer and the Minister so direct
the Administrator in writing, the given under sub-section (1) by issuing another certificate or certificates in place of the first certificate.
(3) The Administrator—
(a) must keep a register of certificates issued under this section; and (b) must make the register reasonably person.
Division 3—Transfer of property
153TU. Property transferred
On the relevant date—
(a) all property and rights of the TCO, wherever located, that are allocated under an allocation statement relating to the TCO to a person, or any 2 or more persons, vest in that person or persons; and
(b)
all liabilities of the TCO, wherever located, that are allocated under an allocation statement relating to the TCO to a person, or to any 2 or more
persons, become liabilities of that
person or persons.
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153TV. Allocation of property etc. subject to
encumbrances
Unless an allocation statement under this
Part otherwise provides, where, under thisPart—
(a) property and rights vest in; or
(b) liabilities become liabilities of—
a person or 2 or more persons—
(c)
the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
(d)
the rights to which the TCO was entitled in respect of those liabilities immediately before they ceased to be liabilities of the TCO vest in the person or persons.
153TW. Substitution of party to agreement
If, under an allocation statement, the rights and liabilities of the TCO under an agreement are allocated to a person—
(a)
the person becomes, on the relevant date, a party to the agreement in place of the TCO; and
(b)
on and after the relevant date, the agreement has effect as if the person had always been a party to the agreement.
153TX. TCO instruments
Each TCO instrument relating to former TCO property continues to have effect according to its tenor on and after the relevant date as if a reference in the
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 25 instrument to the TCO were a reference to
the TCO transferee.
153TY. Proceedings
If, immediately before the relevant date, proceedings relating to former TCO property (including arbitration proceedings) to which the TCO was a party were pending or existing in any court or tribunal, then, on and after that date, the TCO transferee is substituted for the TCO as a party to the proceedings and has the same rights in the proceedings as the TCO had.
153TZ. Interests in land
Without prejudice to the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the TCO is, in relation to former TCO property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—
(a)
the TCO transferee is to be taken to be the registered proprietor of that interest in land; and
(b)
the TCO transferee has the same rights and remedies in respect of that interest as the TCO has.
153TZA. Amendment of Register
(1) The Registrar of Titles, on being requested to
do so and on delivery of any relevant
certificate of title or instrument and
certificate of the Administrator, must make
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| s. 25 | Act No. 35/1997 |
any amendments in the Register that are
necessary because of the operation of thisPart.
(2) The Registrar-General must make all entries
on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of this Part.
(3) If any land allocated under an allocation
statement under this Part is not Crown land transferee concerned must, as soon as practicable after the land vests in accordance with the allocation statement, cause a memorial of the certificate of the Administrator (that complies with Part I of the Property Law Act 1958) to be delivered to the office of the Registrar-General and, for the purposes of that Part, that certificate must be taken to be an instrument affecting land.
and is not under the operation of the
153TZB. Evidence
(1) Documentary or other evidence that would
interests of the TCO in relation to former
have been admissible for or against the enacted, is admissible for or against the interests of the TCO transferee. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of the TCO and to entries made in those books of account before the relevant date, whether or not they relate to former TCO property.
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 25 (3) In sub-section (2), "books of account" has the same meaning as in Division 3A of Part III of the Evidence Act 1958.
153TZC. Validity of things done under this Part
(1) Nothing effected by this Part or done or
suffered under this Part or the cessation of
carrying on business by a TCO—
(a) is to be regarded as placing the TCO, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or (b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement,
arrangement or understanding
including, without limiting the
generality of the foregoing, any
provision prohibiting, restricting or
regulating the assignment or transfer of
any property or the disclosure of any
information; or(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or (d) releases any surety or other obligee wholly or in part from any obligation. (2) The validity of any act or transaction of a TCO must not be called in question in any proceedings on the ground that any provision
of this Act had not been complied with.
Electricity Industry (Miscellaneous Amendment) Act 1997
| s. 25 | Act No. 35/1997 |
Division 4—Staff
153TZD. List of TCO staff
(1) Before the relevant date in relation to a TCO,
the TCO must prepare and submit to the
Minister and Treasurer a document signed by
the chief executive officer listing officers
and employees of the TCO and specifying, in
respect of each such officer or employee, the
person by which he or she is to be regarded
as having been employed by virtue of section
153TZE with effect from the relevant date.
(2) The document may be amended by
officer and given to the Minister and
instrument signed by the chief executive regarded as having effect, or having had effect, from the relevant date. (3) Nothing in this section prevents a person
listed in the document as an officer or
employee of the TCO from resigning or
being dismissed at any time before the
relevant date in accordance with the terms
and conditions of his or her appointment or
employment.
153TZE. Transfer of TCO staff
(1) A person listed as an officer or employee of a TCO in a document under section 153TZD who was such an officer or employee
immediately before the relevant date in
relation to the TCO is to be regarded as—
(a)
having been employed by the new employer with effect from the relevant date; and
(b)
having been so employed on the same terms and conditions as those that
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 25 applied to the person, immediately
before the relevant date, as an officer or
employee of the TCO; and
(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the
person had accrued, as an officer or
employee of the TCO, immediately
before the relevant date.(2) The service of a transferred TCO employee as an employee of the new employer is to be regarded for all purposes as having been
continuous with the service of the employee,
immediately before the relevant date, as an
officer or employee of the TCO.(3) A transferred TCO employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer
or employee of the TCO because of this Act. (4) A certificate purporting to be signed by the
Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.
153TZF. Future terms and conditions of transferred
employees
Nothing in section 153TZE prevents—
(a)
any of the terms and conditions of employment of a transferred TCO employee from being altered by or
Electricity Industry (Miscellaneous Amendment) Act 1997
| s. 25 | Act No. 35/1997 |
| under any law, award or agreement with effect from any time after the relevant date; or |
(b) a transferred TCO employee from time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.
153TZG. Superannuation
Without limiting section 84(5), SEC may, at any time before or after the relevant date, amend the rules referred to in section 84(1) to recognise for the purposes of membership of the Victorian Electricity Industry Superannuation Fund the continuity of service that must be taken to exist by virtue of section 153TZE(2).'.
_______________
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 26
PART 5—AMENDMENT OF OTHER ACTS
26. Amendment of State Electricity Commission Act 1958
(1) In section 3(1) of the State Electricity
Commission Act 1958 in the definition of "electricity corporation", after "distribution company" insert ", transmission company".
(2) In section 3(1) of the State Electricity
Commission Act 1958 insert—
' "public generation company" has the same
meaning as in the Electricity Industry Act
1993;
"public transmission company" has the same
meaning as in the Electricity Industry Act
1993;
"transmission company" has the same meaning as in the Electricity Industry Act 1993;'.
(3) In section 85C of the State Electricity
Commission Act 1958—
(a)
after "a distribution company" insert ", transmission company";
(b)
after "public distribution company" insert ", public transmission company".
(4) In section 50(1) of the State Electricity
Commission Act 1958, for "Minister" substitute
"chief electrical inspector".(5) In the State Electricity Commission Act 1958— (a) in section 52(1)—
(i) omit "in the opinion of the Electrical Approvals Board";
(ii) omit ", upon the recommendation of the Board,";
Electricity Industry (Miscellaneous Amendment) Act 1997
| s. 27 | Act No. 35/1997 |
(b)
in section 57H, for "A person" substitute "A natural person".
27. Amendment of Electric Light and Power Act 1958
In section 3(1) of the Electric Light and Power
Act 1958, in the definition of "electricity
corporation", after "distribution company" insert
", transmission company".28. Commencement of Electricity Industry (Amendment) Act 1996
In section 2 of the Electricity Industry
(Amendment) Act 1996, sub-section (4) isrepealed.
29. Amendment of Water Act 1989
In section 56 of the Water Act 1989, after sub-
section (5) insert—"(6) If the Minister is satisfied that a generation
company within the meaning of the licence under this Division to take and use water for purposes associated with the operation of a hydro-electric power station, the licence may, despite sub-section (3), be issued for a period exceeding 15 years (but not exceeding 40 years) specified in the licence, subject to any special conditions determined by the Minister.".
30. Amendment of National Parks Act 1975
In Part 37 of Schedule Two to the National Parks
Act 1975—
(a)
for "1900 hectares more or less and 6422 square kilometres" substitute "645 900 hectares"; and
(b)
for "and the Benambra–Corryong Road" substitute ", the Benambra–Corryong Road
Electricity Industry (Miscellaneous Amendment) Act 1997
Act No. 35/1997 s. 31 and the Bogong High Plains Road north of
the Falls Creek Alpine Resort"; and
(c)
for "Department of Property and Services" substitute "Office of Surveyor General"; and
(d)
for "N.P. 70/2a" substitute "N.P. 70/3a"; and
(e)
for "and N.P. 70/2f" substitute ", N.P. 70/3f and N.P. 70/1g"; and
(f)
omit all words and expressions starting "Notwithstanding the declaration of this land as a park" and ending "until 1 July 1993.".
31. Amendment of other Acts
(1) In section 36A of the Treasury Corporation of
Victoria Act 1992, in the definition of "public authority", after "public distribution company" insert ", public transmission company".
(2) In section 3 of the Melbourne City Link Act
1995, in the definition of "electricity corporation",
after paragraph (d) insert—"(da) a public distribution company, public
transmission company or public generation
company; or".
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Electricity Industry (Miscellaneous Amendment) Act 1997
| Notes | Act No. 35/1997 |
NOTES
†
Minister's second reading speech—
Legislative Assembly: 29 April 1997
Legislative Council: 20 May 1997
The long title for the Bill for this Act was "to provide for further
miscellaneous amendment of the Electricity Industry Act 1993, to
amend the State Electricity Commission Act 1958 and certain other
Acts and for other purposes."
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