Gas and Electricity Act 1932 (NSW)
GAS AND ELECTRICITY ACT.
An Act to regulate the supply, consumption, and use of gas and electricity; to prescribe the standards of heating power, purity, and pressure of gas; to provide for the regula- tion of companies, corporations, firms, and persons supplying gas and electricity, and particularly with regard to dividends, reserves, funds, accounts, and the issue of Act No. 4, 1932.
of shares; to repeal the Gas Act, 1912, as amended by subsequent Acts, and the Electric Lighting and Gas Emergency Act,
1917; to amend an Act passed in the
eighth year of the reign of His late Majesty King William the Fourth, intituled " An Act for lighting with Gas the Town of Sydney in the Colony of New South Wales, and to enable certain persons associated under the name, style, and firm of ' The Australian Gas Light Company ' to sue and be sued in the name of the Secretary for the time being of the said Company, and for other purposes therein mentioned"; and for purposes connected therewith. [Assented
to, 29th March, 1932.]
| BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis- | Wales in Parliament assembled, and by the authority of |
| the same, as follows :— |
PA11T I.
PRELIMINARY.
1 . (1) This Act may be cited as the " G a s and; Electricity Act, 1932."
| (2) This Act shall commence on a clay to be appointed by the Governor and notified by proclamation |
(3) This Act is divided into Parts as follows:—
P A R T I . — P R E L I M I N A R Y — SS. 1-4. P A R T I I .—APPOINTMENT OF COMMISSIONER AND
CONSTITUTION OF COMMISSIONS—ss. 5-8.
P A R T
I I I . — PECULATION OF GAS COMPANIES AND ELECTRIC LIGHT COMPANIES— ss.
9-24.
P A R T
P A R T IV.—GAS—SS . 25-11. DIVISION 1.—Standard of heating poiver and of
purity of gas—ss. 25-30.
DIVISION 2.— Gas examiners—ss. 31-33.
DIVISION 3 .— General and supplemental—ss. 31-42.
P A R T V .—ELECTRIC L I G H T COMPANIES — ss. 43-48.
P A R T VI .—EMERGENCY PROVISIONS—ss. 49-58. P A R T
V I E — G E N E R A L — s s . 59-62. SCHEDULES.
2 . (1) The Acts mentioned in Schedule Sis to this
Act are, to the extent therein specified, hereby repealed.
(2) All regulations made under the Gas Act,
1912, in force at the commencement of this Act shall
continue in force so far as they are not inconsistent with this Act until repealed or replaced by regulations made under this Act.
In the construction of such regulations, any reference to a board shall be construed as a reference to a Commission constituted under this Act.
(3) Any person duly appointed to the office of gas examiner under the provisions of the Gas Act, 1912, and holding such office at the commencement of this Act, shall continue in office hereunder in the same manner in all respects as if this Act had been in force
appointed hereunder. at the date of his appointment and he had been (4) The rights, powers, or obligations of any gas or electric light company existing at the date of the commencement of this Act in respect of any matter or thing which under this Act can be determined by a commission or the Commissioner shall continue in full force and effect until such a determination is made.
3 . (1) This Act, sections nine to fifteen both inclusive excepted, shall apply to all gas companies and electric light companies, except where otherwise provided.
Sections
Sections nine to fifteen both inclusive of this Act shall apply to the companies specified in Schedule One as from tlie commencement of tins Act, and to any company added to Schedule One as from the date of its inclusion therein.
(2) "Where the provisions of this Act are incon- sistent with the provisions of any other Act with regard to any matter to which this Act applies, the provisions of this Act shall prevail.
(3) Any gas or electric light company, whether operating under the provisions of a special Act, or not, shall, subject to this Act, be deemed to be fully authorised to perform or do any act or thing necessary for manufacturing or supplying gas or electricity in accordance with the requirements of this Act.
(4) The Governor may by proclamation in the Gazette exempt either wholly or in part any local authority or persons operating under a franchise granted under the Local Government Act, 1919, from the opera- tion of this Act.
4 . In this Act, unless the context or subject-matter : otherwise requires,—
" Commission" means a commission constituted under this Act.
" Commissioner " means the Commissioner for Gas and Electricity." Electricity " means electricity, electric current, or anv like agencv.
" Electric light company" means any company,
corporation, firm, or person supplying or dis-tributing electricity for lighting, heating, motive power, or other purpose, and disposing of the same for profit, and includes a local authority but does not include any person or corporation acting on behalf of the Crown. " Electric line " means a wire or wires, conductor, or other means used or intended to be used for the purpose of applying, conveying, transmit- ting, or distributing electricity, and includes any casing, coating, tube, pipe, or insulator wholly or partly enclosing, surrounding, or supporting the same or any part thereof, or
any
any apparatus connected therewith for the purpose of conveying, transmitting, or distri- buting electricity.
" Gas company " means any company, corporation, firm, or person supplying or distributing gas for lighting, heating, motive power or other purpose, and disposing of the same for profit, and includes a local authority but does not include any person or corporation acting on behalf of the Crown.
" Gasworks " means works of a gas company and
the works connected therewith.
" Local authority " means council of a city, munici- pality, or shire, or an urban committee, or a county council, and includes the Municipal Council of Sydney.
" Prescribed " means prescribed by this Act or byregulations made thereunder.
" G a s u n i t " means three thousand four hundred and twelve British thermal units gross.
PAIIT I I .
APPOINTMENT OF COMMISSIONER AND CONSTITUTION
OF COMMISSIONS.
5 . (1) There shall be a Commissioner for Gas and Electricity who shall be appointed by the Governor.
(2) A Commissioner appointed under this Act
shall hold office for a term of seven years, and shall
be eligible for reappointment.(3) The salary of the Commissioner shall be fixed by the Governor.
(4) Any Commissioner appointed by or under this Act may be suspended from his office by the Governor for misbehaviour or incompetence, but shall not be removed from office except in manner following, that is to say:—
(i) The Minister shall cause to be laid before Parliament a full statement of the grounds of
suspension
suspension within seven sitting days after sucli suspension if Parliament is in session, or if not, then within seven sitting days after the commencement of the next session or s i t t ing;
(ii) a Commissioner suspended under this subsec- tion shall be restored to office unless each House of Parliament within twenty-one sitting days from the time when such statement lias been laid before it declares by resolution that the Commissioner ought to be removed from office, and if within the time aforesaid each House of Parliament so declares, the Commissioner shall be removed by the Governor accordingly.
(5) Any Commissioner appointed by or under this Act shall be deemed to have vacated his office if he—
(a) becomes bankrupt, compounds with his creditors, or makes an assignment of his salary
or estate for their benefit;
(b)
absents himself from duty for a period of fourteen consecutive days except on leave granted by the Minister (which leave he is authorised to grant) or becomes incapable of performing his duties;
(c)
becomes an insane person or patient or an incapable person within the meaning of the Lunacy Act, 1898;
(d)
resigns his office by writing under his hand addressed to the Governor.
| (6) A Commissioner, who at the date of his appointment was or is an officer of the Public Service, | shall, in the event of his office being discontinued, be | eligible on the recommendation of the Public Service |
| Board to be appointed to some office in the Public Service corresponding in classification and salary to that which he held at the date of his appointment as Commissioner for Gas and Electricity under this Act. | ||
| 6 . (1) Where an inquiry is to be held under this Act, otherwise than by the Commissioner, the Minister shall constitute a commission. | ||
| (2) A commission shall consist of the Commis- sioner and three members appointed by the Minister, one of whom shall be appointed on the nomination of |
the
the electric light company or gas company concerned in the matter in respect of which the inquiry is to be held, one of whom shall be appointed on the nomination of the Federated Gas Employees' Industrial Union, New South Wales Branch, in the manner prescribed, and the other of whom shall he an officer of the Public Service, competent to deal with matters of accounts.
(3) If no person, or no person able and willing to act as a member of a commission, is within the time prescribed nominated by the company concerned, the Minister may appoint any person to represent the company as a member of such commission.
(4) The Commissioner shall preside at all meetings of a commission at which he is present; he shall have a deliberative vote, and, in the case of an equal division of votes, shall have a casting vote.
I n the case of illness, suspension, or absence of any member of a commission, the Minister may appoint a deputy to act for such member during his illness, suspension, or absence. Where such member was appointed on the nomination of an electric light com- pany or a gas company, such deputy shall be appointed on the like nomination. Every such deputy shall have the immunities and shall during the time he acts as deputy have all the power and authority of such member.
(5) Any three members of a commission shall be a quorum, and, subject to subsection seven of this section, shall have all the powers and authority by this Act conferred upon a commission.
(6) If at any meeting of a commission at which
three members only are present, none of whom is the
Commissioner, such members differ in opinion upon
any matter, the determination of such matter shall bepostponed until such time as the Commissioner shall
be present.(7) No act, determination, or proceeding of a commission shall be invalid merely because at the time of the act, determination, or proceeding there is a vacancy in the office of Commissioner or of a member of the commission.
(8) Subject to subsection four of this section
the determination of the majority of a commission onanv matter shall be deemed to be the determination
of
of the commission, but any member may prepare a dissentient report which shall be presented to tbe Minister with the report of the commission.
(9) No action or suit shall be brought or maintained against any person who is or at any time has been a member of a commission, for anytbing done or omitted by him pursuant to tbe duties imposed upon him by this Act.
(10) Tbe members of a commission other tb m the Commissioner sball be entitled to receive and regain as remuneration for their services such fee as may be iixed bv the Governor for each meeting of the commission attended.
(11) Tbe expenses of all inquiries by a com- mission sball be paid by the company concerned in the subject-matter of the inquiry. All money required for the salaries and remuneration of the Commissioner for Gas and Electricity, the members of a commission and the staff, shall be paid by gas companies and electric light companies in such proportion as may be prescribed.
(12) Except as provided in sections fourteen, sixteen, and twenty-one of this Act, no inquiry shall be held by a commission without the consent of the Minister.
7 . The Commissioner shall for the purposes of any ,
inquiry under this Act, have the powers conferred by
the Eoyal Commissions Act, 1923, on a commissioner ]
and the chairman of a commission respectively, ap-
| the said Act, section thirteen, and Division 2 of Eart I I | pointed under Division 1 of Eart I I of that Act, and |
| excepted shall, mutatis mutandis, apply to any witness or person summoned by or appearing before a com- mission. | |
| 8 . (1) For the purpose of carrying out the powers, authorities, duties, functions, and obligations conferred or imposed bj this Act on the Commissioner or a commission, the Commissioner, with the approval of the Minister of the department concerned, may make use of the services of any of tbe officers and employees of the Eublic Service. |
(2) Such officers as may be necessary for the purposes of this Act, shall be appointed under and subject to the provisions of the Public Service Act, 1902.
(3) The Commissioner may appoint, employ, and dismiss such casual employees as be deems necessary for the purposes of this Act, and may fix wages and conditions of employment where these are not fixed in accordance with the provisions of other Acts.
P A R T I I I .
REGULATION OF GAS COMPANIES AND ELECTRIC
LiGnT COMPANIES.
9 . (I) Except as by this Act provided, the profits of any gas company or electric light company to be divided among the holders of its share capital in any year shall not exceed the following rate (which is in this Act referred to as the standard rate of dividend), that is to say :—
On the ordinary share capital of the company at the rate of six pounds in respect of every one hundred pounds actually paid up or issued as paid up of such capital, and on the preference capital of the company at the rate of five pounds ten shillings in respect of every one hundred pounds actually paid up or issued as
increase the standard rate of dividend subject to a paid up of such capital. (2) A gas company or electric light company may reduction of the price charged by the company for gas or electricity below the standard price referred to in section fourteen as follows :—
I n respect of any year during the whole of which the price charged by a gas company shall have been six one-thousandths of a penny or more below the standard price for that company, the dividend payable by the company may, in respect of each six one- thousandths of a penny by which the price so charged
shall
shall bo less than the standard price, he increased above the standard rate by five shillings on every hundred pounds of ordinary paid-up capital, and so in proportion for any fraction of one hundred pounds.
Where a reduction to a price less than the standard price of gas is made by such company for six months only of any year, the dividend payable by the company for such year may, in respect of each six one- thousandths of a penny of such reduction, be increased by two shillings and sixpence on every one hundred pounds of ordinary paid-up capital, and so in pro- portion for any fraction of one hundred pounds.
In respect of any year during the whole of which the price charged by any electric light company shall have been one-twentieth of a penny or more below the standard price for that company, the dividend payable by the company may, in respect of each twentieth of a penny by which the price so charged shall be less than the standard price, be increased above the standard rate by five shillings on every hundred pounds of ordinary paid-up capital, and so in proportion for any fraction of one hundred pounds.
Where a reduction to a price less than the standard price of electricity is made by such company for six months only of one year, the dividend payable by the company for such year may, in respect of each twentieth of a penny of such reduction, be increased by two shillings and sixpence on every one hundred pounds of ordinary paid-up capital, and so in proportion for any fraction of one hundred pounds: Provided that the powers contained in this subsection shall not be exer- cised to the detriment of the employees of any gas
| company or electric light company. |
1 0 . (1) The directors of a gas company or electric light company may, if they think fit, in any year; appropriate out of the revenue of the company, as part: of the expenditure on revenue account, any sum not! exceeding an amount equal to three per centum of; the amount expended out of borrowed and share capital, on the buildings and manufacturing and distributing plant belonging to and in use by the company to a fund to be called the special purposes and depreciation fund.
(2) The special purposes and depreciation fund shall be applicable only to meet such charges as are certified to by the Commissioner as being—
(a) expenses incurred by reason of accidents or circumstances which due care and manage- ment could not have prevented ; or (b) expenses incurred in the replacement, renewal,, or removal of plant or works, other than expenses requisite for maintenance and repairs of plant and works.
(3) Except as provided in subsection five of this section, the maximum amount standing to t h e credit of the special purposes and depreciation fund shall not at any time exceed an amount equal to one- twentieth part of the borrowed and share capital of the company, inclusive of premiums.
(4) The moneys forming the special purposes and depreciation fund, or any portion thereof, may be invested in securities in which the directors of the company are authorised by law to invest, or may be applied for the general purposes of the company to which capital is properly applicable, or may be partly so invested and partly so applied.
(5) Where the amount for the time being standing to the credit of the special purposes and depreciation fund of any gas company or electrie light company has reached the maximum prescribed, and in the opinion of that company the said amount is inadequate for the prospective requirements of
the company, the company may apply to the
Minister to cause an inquiry in respect thereof to be
held, and the Minister may constitute a commission
accordingly.The commission shall report its determination to the Minister, and thereupon the Governor may, by procla- mation published in the Gazette, increase the maximum amount which may stand to the credit of the special purposes and depreciation fund of such company by such sum and for such a period as the commission may recommend.
1 1 . (1) When in any year the rate of dividend that
may he paid on the ordinary share eapital of a gas company or electric light company exceeds the standard rate hy reason of the price charged by the company for ' gas or electricity in such year being below the standard price as provided in section fourteen, then, out of the amount of tbe divisible profits of the company applicable to the payment of such excess of dividends, tbe directors of the company may in such year set apart such sum as they think fit by way of a reserve fund.
(2) The total amount paid in any year by way of such excess dividend, and the amount so set apart in such year to the reserve fund, shall not, when taken together, exceed the total amount permitted to be paid by way of excess dividend under section nine.
(3) All sums (if any) so set apart may be invested in Government or other securities not con- nected with the business of the company, and the dividends and interest arising from such securities may also he invested in the same or like securities in order that the same may accumulate at compound interest.
(4) The fund so formed shall be called " the reserve fund." I t shall be applicable to the payment of dividend in any year in which the clear profits of the company are insufficient to enable the company to pay the authorised rate, and for no other purpose.
(5) Save as by this section specially provided, no sum shall in any year be carried by the company to any reserve fund or similar fund, nor shall any company have or hold from one year to another any reserve fund or similar fund other than the special purposes and depreciation fund, the divisible profits account men-
| tioned in section thirteen, and the reserve fund | mentioned in this section. |
1 2 . Notwithstanding anything to the con t ra ry
contained in any memorandum or articles of association, j rules, or deed of settlement, or in this or any other Act, the following provisions shall have effect:—
(a)
The companies specified in Schedule One to< this Act shall within six months from the ' commencement of this Act, or within such longer period as may be determined by a commission, transfer the whole of their suspense
accounts
accounts or reserves other than those provided for in sections ten, eleven, and thirteen of this Act to the special purposes and depreciation fund and any superannuation fund to the extent authorised under section twenty-four of this Act.
(h) Any other gas company or electric light com- pany shall in like manner transfer the whole of its suspense accounts or reserves other than those provided for in sections ten, eleven, and thirteen of this Act (excluding such reserves held hy electric light companies as had at the thirty-first day of Decemher, one thousand nine hundred and thirty-one, been set aside in accordance with general practice not exceeding three-and-a-half per centum of the total working costs of such companies) to the special purposes and depreciation fund and any super- annuation fund to the extent authorised under section twenty-four of this Act within six months from the date of its inclusion in Schedule One to this Act, or within such longer period as may be determined by a commission. 1 3 . (1) The profits of a gas company or electric light
company shall not be utilised in any other way than to provide for a special purposes and depreciation fund, a divisable profits account, a superannuation fund, and a reserve fund in accordance with this Act, and for the purposes mentioned in section nine.
Any company paying moneys from profits into anyother account shall be liable on conviction to a penalty
pounds for every day on which after such conviction of one hundred pounds, and a further penalty of fifty such moneys are retained in any such account. (2) If the clear profits of the company in any year aCter providing for all expenses properly chargeable to revenue amount to a larger sum than is sufficient to pay the authorised dividend on the share capital of the company, the excess shall be carried to the credit of the divisible profits of such company for the next following year : Provided that the sum standing to the credit of such divisible profits, after allowing for payment of the
dividend
dividend declared to the end of the preceding year, shall not at any time exceed the amount required to pay one- half year's dividend at the standard rate.
1 4 . (1) Notwithstanding anything contained in: any memorandum or articles of association, a gas; company shall charge for gas supplied by it on the '. basis of the number of gas units consumed, and an i electric light company shall charge for electricity
supplied by it according to the form and basis prescribed. The standard price to be charged by a gas company for gas supplied by it to private consumers by meter, or by an electric light company for any electricity so supplied, shall be at the rate set out in Schedule One to this Act or any addition to such Schedule: Provided that a gas company or electric light company may supply gas or electricity for industrial purposes (which term shall include the supply of gas or electricity in bulk to any gas company or electric light company for the purpose of distribution by that company to private consumers by meter) at a price to be fixed from time to time by a commission constituted for that purpose, and the price so fixed may be less than the standard price.
(2) (a) Where any gas company or electric light company so requests, the Minister shall con- stitute a commission to inquire whether the standard price for the time being standing against the name of the company in Schedule One will produce such an amount as together with all other revenue received, or which under efficient management might be received
| from any source by the company, will enable the | company to pay the standard rate of dividend |
| authorised by this Act after making provision for— |
(i) interest payable on loans;
(ii) expenses properly chargeable to revenue (and in respect of which the commission shall be satisfied as to the necessity for or expediency of the expenditure); and
(iii) a reasonable sum for contingencies, which shall not exceed the amount necessary to pay one half year's dividend at the standard rate.
The
The commission shall determine and certify to the Minister the standard price which under the circum- stances aforesaid will enable the company to pay the standard rate of dividend, and the Governor may by proclamation amend Schedule One bv substituting for the standard price standing therein against the name of such company the standard price determined and certified by the commission.
(b) If at any time the Minister shall be of opinion that the standard price for the time being standing against the name of any company is more than sufficient under the circumstances set out in paragraph (a) of this subsection to enable the company to'pay the standard rate of dividend the Minister may cause an inquiry to be held by a commission. The provisions of paragraph (a) of this subsection shall apply, mutatis mutandis, to such inquiry and to the determination and proclamation of any reduction in the standard price of such company consequent thereon.
(3) In determining and certifying the standard price to be charged by any gas company or electric light company, the commission shall take into consideration and allow an amount necessary for the maintenance of at least the wage standards, hours and working conditions of employees in force at the commencement of this Act.
1 5 . (1) Notwithstanding the provisions of any Act or of any memorandum or articles of association relating to a gas company or electric light company, the issue after the commencement of this Act of any shaie* provisions :— in such company shall be subject to the following
(a)
All shares so to be issued shall be offered for sale by public auction or tender, and may be sold at, above, or below par.
(b)
Notice of the intended sale shall be given to the Commissioner at least twenty-eight days before the day of auction or the last day for the reception of tenders, as the case may be, and shall also be advertised once in each of two consecutive weeks in one or more daily newspapers published in Sydney, and in one or
more
more newspapers published and circulating in the locality in which the company supplies gas or electricity.
(c) A reserve price shall he fixed and notice thereof shall be sent by the company in a sealed letter to be received by the Commissioner not less than twenty-four hours before, but not to be opened until after the clay of the auction or after the last clay for the receipt of tenders as the case may be. (d) No lot offered for sale shall comprise shares of greater nominal value than one hundred pounds. (e) In the case of a sale by tender no preference shall be given to one of two or more persons tendering the same sum In the case of a sale by auction a bid shall not be recognised unless it is in advance of the last preceding bid.
(f) It shall he one of the conditions of sale that the total sum payable by the purchaser shall be paid to the company on a day to be fixed by the company being within three months after the date of the auction or of the accept- ance of the tender as the case may be. (g) Any shares or stock which have been so offered for sale and are not sold may be offered at the reserve price to the holders of ordinary and preference shares of stock of the company and to the employees of the company and to the
company in such proportions as the company consumers of gas or electricity supplied by the may think fit, or to one or more of these
classes of persons only :Provided that in the ease of an offer to holders of shares or stock, if the aggregate amount of shares or stock applied for exceeds the aggregate amount so offered as aforesaid, the same shall be allotted to and distributed, amongst the applicants as nearly as may be in proportion to the amounts applied for by them respectively.
(10
(li) Any shares or stock which may have heen offered for sale in accordance with the fore- going provisions of this section, and are not sold, shall he again offered for sale by public auction or by tender in accordance with the provisions of this section; and any such shares or stock then remaining unsold may be otherwise disposed of at such price and in such manner as the directors of the company may determine for the purpose of realising the best price obtainable.
(i) As soon as possible after the conclusion of the sale or sales the company shall send a report thereof to the Commissioner, stating the total amount of the respective shares or stock sold, the total amount obtained as premium (if any), and the highest and lowest prices obtained for the respective shares or stock.
(j) The amount of premium shall in all cases be treated as non-dividend bearing. (2) In this section " shares " includes ordinary
and preference shares.
1 6 . (1) The Minister shall, at the request in writing of any gas company or electric light company not in- cluded in Schedule One, and may, on his own initiative, at any time cause an inquiry to be held by a commission with respect to any such company.(2) The commission shall determine and fix, in
the case of a gas company not being a local authority, a
price per gas unit for gas supplied to private consumers by meter, and in the case of an electric light com- j^any not being a local authority, a price or prices of electricity so supplied, which, if charged by the said company, will, in the opinion of the commission produce such an amount as, together with all other revenue received or which, under efficient management, might be received from any source by the said company, will enable the said company to pay the standard rate of dividend authorised by this Act, after making provision for—
(a) interest payable on loans ;
(1)) expenses properly chargeable to revenue (and in respect of which the commission shall he satisfied as to the necessity for or the expediency of the expenditure) ; and
(c) a reasonable sum for contingencies, which shall not exceed the amount necessary to pay one half year's dividend at the standard rate.
(3) A certificate of the price or prices deter- mined and fixed in accordance with subsection two of this section shall he forwarded to the Governor, and upon the receipt of such certificate the Governor may by proclamation published in the Gazette direct that the name of the company and the price or prices mentioned in the certificate he added to Schedule One.
The said Schedule shall thereupon be deemed to be amended accordingly, and the said price or prices shall be the standard price to be charged by the said company for gas supplied to private consumers by meter, or for electricity so supplied.
(4) The commission shall determine and certify to the Minister in the case of a gas company being a local authority a price per gas unit of gas, and in the case of an electric light company being a local authority the prices of electricity which should in its opinion be charged by the company, and the Governor may by proclamation prescribe such prices as shall be recommended in any certificate of the commission, and such prices shall after the puhlication of the proclamation until varied in like manner, be the only prices to be charged by the company in respect of such gas or electricity.
| accordance with subsection four of this section shall be (5) The prices determined and certified in | such as, in the opinion of the commission, will produce |
| an amount which will enable the company to— |
(a)
pay all interest on loans lawfully raised for purposes of the supply of gas or electricity ;
(b)
pay all expenses properly chargeable to revenue including a sum for depreciation at such a rate per centum upon the depreciating assets in use by the company for the purposes of the supply of gas or electricity as the com- mission may determine;
(c)
(c) provide a reasonable reserve for contingencies;
(d) make such provision for any sinking fund or reserve authorised by law as the commission may determine.
(6) I n determining and certifying to the
Minister in accordance with subsection four of this section what prices should be charged, the commission may provide for the charging of lower prices for gas or electricity supplied for industrial purposes than that supplied to private consumers ; and for lower prices for electricity supplied for power or heating purposes than for lighting purposes.
1 7 . Every gas company and electric light company shall cause to be filled up and forwarded to the Com- missioner, on or before the thirty-first day of March in each year, an annual statement of accounts and list of shareholders made up to the thirty-first day of December then next preceding. I n the case of a gas company the statement and list shall be in the form, and contain the particulars specified in Schedule Five to this Act or as near thereto as circumstances will permit.
In the case of an electric light company the statement and list shall be in the same form so far as the same is appropriate and shall also contain such particulars as are specified in any addition made to Schedule Five or as near thereto as circumstances will permit.
The company shall keep copies of such annual state- ment and list at its office and sell the same to any applicant at a price not exceeding one shilling for each copy.
If any such company makes default in complying penalty not exceeding two pounds for each day during
with the provisions of this section it shall be liable to a
which such default continues. 1 8 . (1) The Auditor-General shall, at the request of the Minister, either personally or by an officer appointed by him, examine and report to the Minister upon the accounts of any gas company or electric light company; or
The Minister may appoint any officer of the Public Service, or an auditor certified under the Local Govern- ment Act, 1919, to examine or audit the accounts of any such company, and report to him upon the result of
such examination and audit. For
For the purposes of any such examination, audit, or report, the Auditor-General or the officer appointed by him, or the officer or the auditor appointed by the Minister, shall be given access and opportunity to examine all books and documents in the control of the company which relate to the accounts of the company.
(2) If any person obstructs the Auditor-General or any officer appointed by him, or the officer or auditor appointed by the Minister, in the exercise of his powers or the performance of his duties under this section, or without lawful excuse refuses to produce any book, account, document, writing, papers, or instrument in his possession or under his control, or to answer any question asked by the Auditor-General or such officer or auditor for the purpose of the exercise of such powers or performance of such duties, he shall be liable on conviction to a penalty not exceeding twenty pounds, and if any person, after conviction for any such offence, still refuses to produce any such book, account, document, writing, paper, or instrument, or to answer any such question, he shall be liable to a further penalty not exceeding twenty pounds for every day during Avhich such default continues.
1 9 . If any person is required by a gas company or electric light company to give security for any supply of gas or electricity, or for the payment of the rental of any meter, fittings, or electric motor, and such security is in the form of a deposit, such company shall pay interest at a rate per annum to be fixed by the Com- missioner from time to time on every sum deposited by way of security for every six months during the time
| the same is held by such company. |
The Commissioner shall also determine in what manner and subject to what conditions the interest shall be paid.
2 0 . (1) Any gas company or electric light company, including any or all of the companies specified in Schedule One hereto, may, at any time after the com- mencement of this Act, and notwithstanding the pro- visions of any Act constituting the same,—•
(a)
raise such additional capital as may be neces- sary by the creation and issue of ordinary
shares
shares or stock, or preference shares or stock, or wholly or partially hy one or more of those modes respectively;
(b) raise or borrow money, or secure the payment or repayment of such money in such manner and upon such terms and conditions in all respects as the said company in general meeting or the directors may prescribe. Any security given in respect of any such sum or sums shall he in such form and shall contain such provisions as the directors may decide;
(c) consolidate and divide all or any of the share capital of the said company into shares of larger amount than the existing shares of the company, or subdivide the existing shares of the company, or any of them, into shares of smaller amount, so, however, that in the sub- division the proportion between the amount paid and the amount, if any, unpaid on each reduced share shall be the same as it was in the case of the share from which the reduced share is derived. (2) This section shall not apply to a local
authority.
2 1 . Commissions shall be constituted, and shall within fourteen days after the commencement of this Act commence inquiries in respect of The Australian Gas Light Company, the North Shore Gas Company Limited, the Manly Gas Company Limited, the City of Newcastle Gas and Coke Company Limited, and the
Electric Light and Power Supply Corporation Limited,
respectively.The provisions of paragraph (a) of subsection two of section fourteen of this Act shall apply, mutatis mutandis, to such inquiries, and to the determination and proclamation of any alteration in the standard price of such companies consequent thereon.
2 2 . (1) Notwithstanding the provisions of any Act, deed of settlement, memorandum or articles of associa- tion, any gas company or electric light company included in Schedule One or in any addition thereto, or any gas company or electric light company being a local
authority
authority, may, subject to such conditions as may be prescribed by regulation, after an inquiry held by a commission, carry on operations and supply or dis- tribute gas or electricity within such further area as is prescribed by tbc Governor by proclamation in tbe Gazette :
Provided tbat the aforesaid powers shall not be exercised within the limits of any such area except with the consent of the council of any municipality or sbire or any county council within such area.
(2) Any such company may be authorised by tbe proclamation to charge for gas or electricity sold within any area prescribed in the proclamation such an additional rate as the commission shall determine to be necessary to recoup the company for the additional cost of the supply or distribution of gas or electricity within such area.
2 3 . (1) The Governor may after the commission has
inquired and reported that such would be in the interest
of the public, by proclamation published in the Gazette—
(a) authorise ai*rangements for the purchase by agreement of the assets and undertaking of a gas company or electric light company by another such company or for the joint work- ing or amalgamation of any gas companies or electric light companies upon such conditions as the commission may recommend, including necessary provisions with regard to the capital of the combined company, the vesting of the property and rights of the purchased or amal- gamated companies, and other necessary inci-
mation, or joint working; dents and consequences of purchase, amalga- (b) modify or amend the powers of any special Act or other provision relating to any gas company or electric light company affected by any proclamation under this Act as the com- mission may recommend, and as may be neces- sary to provide for the proper and efficient conduct of the company's business. (2) This section shall not apply to a local
authority.
2 4 . (1) A commission may be constituted—
(a) by the Minister of bis own motion to inquire into and report to the Minister upon any matter affecting the relations between any gas company or electric light company and its consumers; (b) by the Minister of his own motion or at the request of any gas company or electric light company to inquire into and report to the Minister upon a scheme for the superannuation of its employees. (2) The Governor may on the report of the commission that such action is desirable by proclama- tion published in the Gazette—•
(a) modify or amend the provisions of any special Act, deed of settlement, memorandum, or articles of association or other instrument constituting or regulating the affairs of any such company; (b) authorise any scheme for the superannuation of its employees, including the provision to set aside sufficient funds from suspense accounts or reserves other than those provided for in sections ten, eleven, and thirteen of this Act to inaugurate such a scheme, and the pro- vision of funds for the support of the same as an expense properly chargeable to revenue under this Act as the commission may recommend. (3) This section shall not apply to a local
authority.
P A R T lVr. GAS.
DIVISION 1.—Standard of heating power and of
purity of gas.
2 5 . (1) The quality of the gas supplied by a gas company shall, with respect to its heating power, be not less thau five hundred and fifty Britisq thermal units gross :
Provided that any company supplying gas, the quality of which has been determined on a gross basis by a board constituted under the provisions of the Gas Act, 1912, shall be permitted to maintain the standard which has been so determined until otherwise determined, after inquiry by a commission :
Provided further that the present price and heating standard be maintained until otherwise determined by a commission.
Such gas shall, as to its purity, not exhibit any trace of sulphuretted hydrogen, when tested in accordance with this Act, and the standard of purity shall be as prescribed in Schedule Two hereto.
(2) The apparatus to he used for testing the presence of sulphuretted hydrogen in the gas shall be as prescribed in Schedule Three to this Act.
(3) A gas company shall provide testing-places at places approved by the Minister, which shall be on the lands of the company, and shall not, except by agreement between the Minister and the company., exceed three in number, and all the apparatus required by this Act for the testing of its gas, and shall at all
| times keep the same in pi*oper order and repair. |
(4) The method of testing shall be as prescribed
by Schedule Eour to this Act.
2 6 . Subject to the provisions of section thirty-nine of this Act, if on any day the gas supplied by any gas company at any testing-place when tested in the manner prescribed is of less heating power than as above prescribed the company shall be liable to penalties as follows:—
For any deficiency in excess of two per centum and up to and including five per centum of deficiency not exceeding ten pounds ;
For
For any deficiency in excess of five per centum, not less than twenty-five pounds and not exceeding one hundred pounds.
Provided that where one penalty is imposed in respect of defective heating power in the gas supplied hy the company at one testing-place on any day, no further penalty may be imposed in respect of defective heating power in the gas supplied hy the company at any other testing-place on the same day :
Provided also that the average of the testings made at such testing place on that day, and on the following day, shall be deemed to represent the heating power of such gas on such day at such testing place.
2 7 . If on any day the gas supplied by a gas company
at any testing-place is of less purity than that prescribed, the company shall be liable to a jienalty not exceeding fifty pounds for each occasion on which it is in default:
Provided that where one penalty is imposed in respect of excess of impurity in the g.is supplied by the company at one testing-place on any day, no further penalty may be imposed in respect of excess of impurity in the gas as supplied by the company at any other testing-place on the same day.
2 8 . (1) Unless a gas company shall be prevented by accident or by the necessity of temporarily opening or otherwise temporarily disturbing its mains in the locality for the purpose of effecting repairs to or making connections with such mains, all gas supplied by a gas company to any consumer of gas shall be supplied at such a pressure as to balance a column of water not less than one and one-half inches in height between the
hours of five a.m. and nine p.m., and a column of
water not less than one inch in height between the hours of nine p.m. and five a.m. at the main, or as near as may be to the junction therewith of the service pipe supplying the consumer.
(2) Any gas examiner may at a testing-place or at a point within two feet of the building line of any property, as and when he thinks fit, test the pressure at which the gas is supplied.
The gas company shall afford to the examiner all reasonable facilities for making the test.
For
For the purpose of the test the examiner shall connect to the inlet service pipe a self-registering pressure gauge by a flexible or other suitable pipe which shall be gas- tight.
2 9 . If at any time the gas supplied by a gas company is supplied, at a pressure less than that above prescribed, the company shall in each case be liable to a penalty not exceeding ten pounds :
Provided that where a penalty is imposed in respect of insufficiency of pressure in the gas supplied by the company during any period of twenty-four hours, no further penalty may be imposed in respect of in- sufficiency of pressure in the gas supplied by the company during the same period.
3 0 . No penalty shall be incurred by a gas company for defect of heating power, excess of impurity, or insufficiency of pressure, in the gas supplied by such company, in any case in respect of which it is proved that such defect or excess or insufficiency was produced by any circumstances beyond the control of the company.
DIVISION 2.— Gas examiners.
3 1 . The Governor may appoint competent and impartial persons to be gas examiners.
Such examiners may at any reasonable hours test the heating power, purity, and pressure of the gas supplied by any gas company, and for that purpose may enter any land or premises of any such company.
Such company may, if it thinks fit, on each occasion of such testing, be represented by some person appointed
by it, but such person shall not interfere in the testing.
The company shall be entitled to reasonable notice of any proposed testing to permit of due representation.
Any such tests shall be made in accordance with the provisions of this A.ct.
3 2 . A gas examiner shall, on the day immediately following that on which the testing has been conducted, or as soon thereafter as possible, make and deliver a report to be filed in the office of the Commissioner of the results of his testing, and deliver a copy of such report to the eras companv.
3 3 . A gas company and its officers and servants shall give to a iras examiner and to his assistants access to the testiug-place, and shall afford all facilities for the proper execution of this Act.
If any such company or any such officer or servant
fails to comply with the provisions of this section, it orhe shall be liable to a penalty not exceeding ten pounds.
DIVISION 3.— General and supplemental.
3 4 . Every consumer of gas supplied by any gas company shall consume such gas only through a meter to be supplied by such company, duly stamped under the authority of this A c t :
Provided that a company may by agreement with a consumer give a supply for any special apparatus designed to consume gas continually for twenty-four hours per day at a price for such gas to be fixed by the Commissioner :
Provided also that the Commissioner may, upon such terms as to charge and upon such conditions as he thinks fit, authorise a company to dispense with the use of a meter for a period determined by the Commis- sioner, when the meter for the time being installed is in need of repairs, and if of a size not usually kept in stock by the company concerned.
3 5 . No meter shall be issued for use by a gas company until it has been first tested and stamped in the manner
prescribed.
3 6 . (1) A gas company shall, upon being required so to do by the owner or occupier of any premises
situate within twenty-five yards from any main of such
company, give and continue to give a supply of gas for such premises, and furnish and lay any pipe that may be necessary for such purpose:
Provided that the cost of so much of any pipe for the supply of gas to any owner or occupier as may be laid upon the property of such owner, or in the possession of such occupier, and of so much of any such pipe as may be laid for a greater distan.ee than thirty feet from any pipe of the company, although not on such property, shall be defrayed h\ such owner or occupier.
(2)
(2) Every occupier or owner of premises requiring a supply of gas shall serve a notice on the gas company at the office specifying the premises in respect of which such supply is required, and the day, not being earlier than forty-five days, upon which the supply is required to commence, and shall, if required by such company so to do, enter into a written contract with such company to continue to receive and pay for a supply of gas for a period of at least twelve months thereafter, and give to the company, if required by it to do so, security for the payment to them of all moneys which may become due to them by such owner or occupier in respect of such supply of gas as may be registered by meter, and of any pipe to be laid upon the property of such owner or in the possession of such occupier.
Whenever the company wilfully neglects or refuses to give a supply of gas to any owner or occupier of such premises under such pressure as is prescribed it shall be liable to a penalty not exceeding forty shillings for each day during which such default continues.
3 7 . In addition to the price charged by any com- pany for gas supplied by it, such company may charge for the hire of any meter and fittings to be used there- with a price to bo determined by the commission, and no other charge in respect of the meter may be made by the company without the consent of the commission.
The said price shall include the providing, letting,
fixing, repairing, and maintenance of the meter and
other cost incurred by the company in connection with fittings, and the cost of collection, inspection, and any
the meter and fittings.
3 8 . (1) Notwithstanding the provisions of the Act
passed in the eighth year of the reign of His la te '
| of IsTewr South Wales, and to enable certain persons for lighting writh Gas the Town of Sydney in the Colony | Majesty King William the Fourth, intituled " An Act , |
| associated under the name, style, and firm of ' The Australian Gas Light Company' to sue and be sued in the name of the Secretary for the time being of the said Company, and for other purposes therein mentioned," |
c it it shall be lawful for the proprietors of The Australian Gas Light Company by resolution nassecl at any general meeting of the company to—
(i) alter the number of directors of the company, but so that the number of ((hectors shall not exceed seven;
(ii) provide for the election, retirement, qualifica- tion, and disqualification of directors ;
(iii) provide for the remuneration of directors.
(2) The proprietors of the Australian Gas Light Company at general and special meetings of the com- pany shall have the right of voting either personally or by proxy in manner following, that is to say :—
For every five shares or portion thereof held by them up to one hundred shares, one vote.
Lor every ten shares or portion thereof beyond the first one hundred shares up to two hundred shares, one vote.
Lor every twenty-five shares or portion thereof beyond the first two hundred shares up to one-fourth of the total shares issued by the said company, one vote.
(3) Lxcept as hereinafter provided, any pro- prietor or proprietors may hold and vote as a proxy or proxies for any other proprietor or proprietors, and may give the same number of votes in respect thereof as such proprietor or proprietors could have given if personally present
3 9 . (1) If the Minister is satisfied after an inquiry held by a commission constituted for the purpose that it would be to the advantage of the consumers of gas of any gas company he may by proclamation published in the Gazette prescribe, in respect of the gas to be supplied by any such company, such reduced standard of heating power as shall be recommended by the commission in lieu of the standard prescribed in section twenty-five.
(2) If on any day the gas supplied by any such
company at any testing-place, when tested in manner
prescribed
prescribed is of less heating power than that prescribed in the proclamation, the company shall be liable to penalties as follows : —
(a) for any deficiency in excess of two per centum and up to and including five per centum of deficiency, not exceeding ten pounds; (b) for any deficiency in excess of five per centum, not less than twenty-five pounds and not exceeding one hundred pounds: Provided also that the average of the testings made at such testing place on that day, and on the following day, shall be deemed to represent the heating power of such gas on such day at such testing place.
4 0 . (i) If any consumer neglects to pay any charge] or sum due by him to any gas company in respect oi'l the supply of gas to such consumer, the gas company may after giving reasonable notice of its intention to do so, cut off such supply, and may disconnect any pipe or do anything necessary for tliat purpose, and may until such charge or sum is fully paid, discontinue such supply to such consumer.
(2) The company may in any court of com- petent jurisdiction recover any expenses lawfully incurred by it in so cutting oif the supply of gas, and also whether such supply has been cut off or not, any charge or sum due to the company in respect of the supply of gas.
4 1 . Where the Commissioner certifies to the \
Governor that it has been piroved to his satisfaction^ that a gas company or electric light company nots
| being a local authority has ceased to supply or has e | suspended the supply of gas or electricity, the Governor |
| may authorise the Commissioner to take possession temporarily of the land and premises of such company, and all machinery, plant, utensils, and materials used by it in the production and supply of gas or electricity, and the manufacture of by-products. |
| The | Commissioner | shall | thereupon | appoint | a |
manager Avho shall carry on the business of the company, and for that purpose shall have the powers, duties, and liabilities of the company and of its directors and manager.
The
The manager so appointed shall keep accounts of all moneys expended and received hy him in carrying on such business, and shall from time to time pay over to a person appointed in that behalf by the directors of the company the profits of such business as appearing from such accounts.
At any time after the appointment of a manager the Commissioner may authorise the company to resume possession of the land and premises, and of such machinery, plant, utensils, and materials, and from the date of such resumption of possession the powers and duties of the manager shall cease.
4 2 . (1) A gas company may, with the approval in writing of the Minister, after inquiry by a commission constituted for that purpose, in such circumstances and to such an extent as the commission mav determine—
(a) require guarantees of a specified annual con- sumption or a specified annual revenue, or make a special charge as a condition of sup- plying gas to any person ; or (b) make a minimum charge or service charge to any person supplied with gas by such com- pany. (2) If any owner or occupier of premises requires from any company a supply of gas differing materially in respect of the nature of the supply or the magnitude of the consumption from the supply taken by the majority of other consumers, such company may certify the same to the Minister. '
The Minister may, if in his opinion the circumstances
warrant it, cause an inquiry to be held by a commission.
the Minister the rates, charges, terms, and conditions The commission shall, upon inquiry, recommend to
upon which a supply should be given to such owner or
occupier, and whether such rates, charges, terms, and conditions should thereafter be applicable to all other such owners or occupiers requiring a similar supply.The. Minister may, by notice in writing, thereupon
authorise such company to make such charges on the
conditions and terms recommended by the commission.PART V.
ELECTBIC L I G H T COMPANIES.
4 3 . (1) An electric light company may, with the approval in writing of the Minister, after inquiry hy a commission constituted for that purpose, in such circum-!
stances and to such an extent as the commission may
determine—
(a) require guarantees of a specified annual con- sumption or a specified annual revenue, or make a special charge as a condition of supplying electricity to any person ; or (b) make a minimum charge or service charge to any person supplied with electricity by such company.
(2) If any owner or occupier of premises requires from any company a supply of electricity differing materially in respect of the nature of the supply or the magnitude of the consumption from the supply taken by the majoiity of other consumers, such company may certify the same to the Minister.
The Minister may, if in his opinion the circumstances
warrant it, cause an inquiry to beheld by a commission.
The commission shall, after inquiry, recommend to
the Minister the rates, charges, terms, and conditions
upon which a supply should be given to such owner or
occupier, and whether such rates, charges, terms, and
conditions should thereafter be applicable to all other
such owners or occupiers requiring a similar supply.
| The Minister may by notice in writing thereupon authorise such company to make such charges on the conditions and terms recommended by the commission. |
4 4 . An electric light company may only charge for <
the hire of any meter and fittings thereto, and hire of electric motors, such amount on such terms and subject to such conditions as to repair and securing the safety thereof as the Commissioner may determine.
4 B . In determining and certifying to the Ministers
the amounts which should be fixed as the standard [
price to be charged or charges to be made bv an electric i
light
light company for electricity a commission may provide for the charging of different rates for power, heating, and lighting purposes.
4 6 . (1) Where electricity is supplied hy any electric
light company in any part of an area within which the said company is for .the time being authorised to supply electricity, any person within that part of the area shall on application he entitled to a supply on the same terms on which any person in such part of the area is entitled under similar circumstances to a corresponding supply.
(2) If it is reported to the Commissioner that the wiring or fitting up of any building is so carried out that it would be dangerous to supply or to continue to supply electricity to such building, the Commissioner may direct some officer to make an inspection of such building and its premises.
(3) If the officer so directed to make an inspec- tion reports that the wiring or fitting up of such building is carried out so that it Avould be dangerous to supply or continue to supply electricity to such building, the Commissioner may direct that no electricity be sup- plied to such building, and that the connection (if any) made with any supply main shall be cut off from such building.
4 7 . (1) If any council, company, or person neglects
to pay any charge for electricity or any other sum due
' from it to any electric light company in respect of the
supply of electricity to such council, company, or
person, the electric light company may, after giving
reasonable notice of its intention to do so, cut oil' suchsupply, and for that purpose may cut or disconnect any electric line or other work through which electricity may be supplied, and may until such charge or other sum is fully paid, discontinue the sup})ly of electricity to such council, company, or person.
(2) The electric light company may, in any court of competent jurisdiction, recover any expenses lawfully incurred by them in so cutting off the supply of electricity, and also whether they have cut off such supply or not, any charge for electricity or other sum due to them.
4 8 . (1) Where a supply of electricity is authorised in any area hy any Act or agreement and a supply of gas by any gas company is also authorised within such area or any part thereof hy any Act, a commission may, upon the application of such ga^ company, he constituted to inquire into the circumstances of the case.
(2) Such application shall not he considered by the commission until after the expiration of one month ' from the publication of an advertisement in two news- papers published nearest to and circulating in the area affected by such application stating that such application is to be made and giving shortly the details and grounds
thereof.
Any council, company, or person prejudicially affected by such application shall be at liberty to oppose the same and on givim; notice in "writing to the Com- missioner of an intention to do so.
The commission shall appoint a day to consider the- case, when either party shall he at liberty to produce such evidence as is deemed requisite.
(3) If satisfied that any specified part of such area is sufficiently supplied with electric light and that the supply of gas in such specified pi r t has ceased to be remunerative to the gas company, and that it is just that such gas company should be relieved from the obligation to supply gas upon demand, the commission may certify accordingly.
(4) The Governor may thereupon hy proclama- tion in the Gazette relieve the gas company from such obligation within such specified part of such area either wholly or in part and upon such terms and condition;; as the commission may recommend.
(5) From and after the date of such proclama-
tion such gas company shall ho so relieved accordingly.
(6) All expenses in connection witli any such
inquiry shall be borne and paid by the gas company
upon whose application the inquiry was made or the
council, company, or person opposing the same in such
amounts or proportions as the commission orders as
such inquiry.
PAILT VI . EMERGENCY PROVISION!?.
4 9 . Notwithstanding the provisions of this or any other Act or any agreement or contract entered into by a gas company with any persons under which it has coven- anted or agreed to supply gas, the company may upon notification by the Governor on the recommendation of the Commissioner as provided in this Part refuse to sup- ply or discontinue the supply of gas either wholly or partially or for any time to any or all such persons without being liable for any costs, damages, or com- pensation whatever to any person consequent upon such refusal or discontinuance of supply.
5 0 . In the event of the supply of gas to be supplied by any gas company under any contract to or for street or public lamps in any municipality or shire heing reduced below the quantity or period contracted for, such reduction in supply during the currency of any such notification shall not be regarded as a breach of any such contract, and shall not vitiate or affect such contract, but the amount payable to the gas company supplying such gas shall be reduced during such period of reduction by such an amount as shall be agreed upon between the council affected by such reduction and the gas company, and failing such agreement, as shall be decided by the Commissioner.
5 1 . (1) The Governor may from time to time, on the recommendation of the Commissioner, publish as provided in this Part notifications prohibiting the con-
' classes of persons, or for the purposes or periods or sumption or use of gas ether than, by the persons or subject to the conditions therein mentioned, and may
revoke or amend any such notification.If any person consumes or uses gas or permits or suffers gas to be consumed or used in contravention of any such notification, or fails to comply with any conditions in such notification, lie shall he liable to a penalty not exceeding five hundred pounds. (2) A gas company may, during the currency
of any such notification, without notice disconnect the
service
service of gas the consumption or use of which is prohibited by notification under this section, or in respect of which any condition imposed in such notifi- cation has not been complied with.
(8) Any such notification shall be published in
the Gazette.
5 2 . The Governor may, on the recommendation of
the Commissioner, by notification in the Gazette, sus- ' nend the operation of this Act and ordinance number < fifty-three under the Local Government Act, 1919, in ' whole or in part and in respect of any gas company so . far as this Act and such ordinance relate to the quality, i
heating power, purity, and pressure of gas.
Any such notification may be withdrawn by a further notification made by the Governor, on the recommenda- tion of the Commissioner to that effect, and thereafter such suspension shall be revoked.
other Act, or anv agreement or contract entered into by f 5 3 . Notwithstanding the provisions of this or any I
any electric light company with any persons under which i such company has covenanted or agreed to supply j electricity, such company may upon notification by the , Governor, on the recommendation of the Commissioner,
as provided in this Part, refuse to supply or dis- continue the supply of electricity either wholly or partially or for any time to any or all such persons without being liable for any costs, damages, or compen- sation whatever to any person consequent upon such refusal or discontinuance of supply.
| 5 4 . (1) The Governor may from time to time, on i the recommendation of the Commissioner, publish as ( |
provided in this Part notifications prohibiting t h e (
consumption or use of electricity other than by the persons or classes of persons, or for the purpose or periods or subject to the conditions therein mentioned, and may revoke or amend anv such notification.
If any person consumes or uses electricity or permits or suffers electricity to ho consumed or used in contravention of any such notification, or fails to comply with any condition in such notification, he shall be liable to a penalty not exceeding five hundred pounds.
(2)
(2) The company may, daring tlie currency of any such notification, without notice disconnect the service of electricity the consumption or use of which is prohibited by notification under this section, or in respect of which any condition imposed in such notifica- tion has not been complied with.
5 5 . In the first instance, and for so long as the Commissioner may recommend, such notification may authorise the consumption and use of electricity upon the normal terms and conditions by the persons carrying on the following functions or enterprises, namely,— water supply services, public lighting, cold storage, ice making, flour milling, butchering, baking, dairy produce and fish distribution, and such other functions or enterprises the stoppage of which might, in the opinion of the Commissioner, tend to endanger human life or cause serious bodily injury.
5 6 . All notifications by the Governor under this Part of this Act shall be published in the Gazette and in one or more newspapers circulating in the district in respect of which the notification is published, and posted in some conspicuous place at the office of the Department of Labour and Industry, Sydney.
5 7 . This Part of this Act shall bind the Crown.
5 8 . The operation of sections twenty-six and twenty-
seven of the Municipal Council of Sydney Electric Lighting Act, 1896-1928, shall, so far as such sections may be inconsistent with the provisions of any notifications in force under this Part of this Act, a t
notification remains in force. any time be suspended for such time as such
P A R T V I I . GENEUAL.
5 9 . No person shall, after the commencement of this
Act, be appointed as manager of any gas company or electric light company unless he shall have passed the prescribed examination.
6 0 . (1) Any gas company or electric light company which contravenes or fails to carry out any provision of this Act shall, where no other penalty is provided, be liable on conviction to a penalty not exceeding ten pounds
(2) Any penalties under this Act or the regulations made thereunder may be imposed and recovered by and before a stipendiary magistrate or police magistrate or any two justices in petty sessions.
6 1 . (1) On resolutions being passed by both Houses of Parliament authorising the same, anv Schedule to this Act, except Schedules One and Six, may be ' revoked, amended, or added to, or a new Schedule in lieu thereof may be framed by the Governor, and any Schedule so amended or added to, or any such new Schedule, shall be a Schedule to this Act.
(2) Where any amendment of Schedule Two or
Schedule Pour of this Act is proposed notice of the
proposed amendment shall be given to each gas com-
pany affected, and if within fourteen days of such notice
a company signifies its disapproval in writing to such
proposed amendment a commission shall be constituted by the Minister under this Act to hold a public inquiry at which the company affected shall be entitled to be represented and be heard as to whether the proposed amendment should be proceeded with.
6 2 . (1) The Governor may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for
carrying
carrying out or giving effect to this Act, and in particu- lar and without limiting the generality of the foregoing power, the Governor may make regulations—
(a)
for the control of the installation, alteration, connection, and disconnection of any gas meters, pipes, fittings, and apparatus ;
(b)
prohibiting interference with any gas meters, fittings, pipes, and apparatus bv unauthorised persons;
(c)
for the testing, stamping, and examination of meters, the fees to he charged for such purposes, the registration by and regulation of meters, and any matters incidental thereto ;
(d) for the licensing of gas-fitters ;
(e)
conferring upon a gas company or electric light company power to refuse or discontinue a supply of gas or electricity where the condi- tions of such supply are dangerous to life, health and property, and regulating the exei'cise of such power ;
(f)
prescribing the procedure at the inquiries of a commission, the conduct and payment of expenses (including witnesses' expenses) of such inquiries, and all matters necessary or desirable relating to the commission and to such inquiries;
(g)
prescribing the form and basis of charging for electricity ;
(h)
for the examination of candidates for the position of manager of any gas company or
electric light company, the appointment of examiners, the nature and standard of examina- tions, and the fees to be charged for examina- tions ; (i) the issue of certificates to successful candidates and the fees to be charged for the issue of such certificates.
(2) Where no other penalty is jorovided for, the regulations may impose a penalty not exceeding ten pounds for any contravention of or failure to comply with this Act or any regulation made there- under.
(3)
(3) The regulations shall—
(a) be published in the Gazette ;
(b) take effect from the date of such publication or from a later date to be speciiied in the regulations; and (c) be laid before both Houses of Parliament within fourteen sitting days after the publica- tion thereof if Parliament is then in session, and if not, within fourteen sitting days after the commencement of the next session.
If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.
SCHEDULES.
SCHEDULE ONE.
COMPANIES TO WHICH THIS ACT APPLIES. <
| _ | _ | ] |
Declared ' Standard
p Uross Prices
" •*' Heating of Uas per Power. I (Jag Unit.
| Australian Gas-light Company | ... | ... | ...I | 550 | 0 ,428d. |
| North Shore Gas Company Limited | ... | ...I | 570 | 0'449d, |
The City of Newcastle Gas and Coke Company
Limited ! 550 0-447d.
| Camden Gas Company Limited ... | ... | ... | 550 | l'095d. |
| Cowra Gas Company Limited | ... | ... | ... | 550 | 0 S06d. |
| Manly Gas Company Limited | ... | ... | ... | 510 | 0'642d. |
| Broken Hill & Suburban Gas Company Limited | 550 | 0893d. |
| Grenfell Gas Company Limited ... | ... | ... | 550 | 0'999d. |
SCHEDULE
SCHEDULE TWO.
STANDARD OF PURITY.
Such gas shall contain—
Xo hydrogen sulphide.
SCHEDULE THREE.
APPARATUS FOR TESTING.
1. The apparatus for testing the heating power shall consist of a calorimeter of a pattern approved by the Minister, or such other apparatus as the Commissioner may approve.
2. The apparatus for testing the presence in the gas of sulphuretted hydrogen shall be a glass vessel containing a strip of bibulous paper moistened with a solution of acetate of lead containing 60 grains of crystallised acetate of lead dissolved in 1 fluid ounce of distilled water.
SCHEDULE EOUE.
METHOD OF TESTING.
1. Method of testing for heating power.
The heiting power of gas means, for the purpose of this Act, the number of British thermal units gross produced by the combustion of one cubic foot of the gas measured at sixty degrees Fahrenheit under a pressure of thirty inches of mercury and saturated with water vapour.
"When the calorimeter prescribed is so designed as to most con-
veniently register the heating power in calories, the result shall be
converted to British thermal units by multiplying the number of
calories oj 3 968.A calorie shall be understood to be the amount of heat required to raise one kilogramme of water one degree of the centigrade thermometer.
In order to test the gas for heating power when a flow calorimeter
is used, the gas shall first pass through an efficient meter and governor.
Where a flow calorimeter is used the gas is to be lighted and the
water to be flowing through the calorimeter for at least thirty
minutes before the beginning of the testing. Not less than three
observations are to be made of the thermometers on the inlet and
outlet water supply of the calorimeter and the average of thesetestings is tu ue taken as the inlet and outlet temperature for
that testing.
SCHEDULE
SCHEDULE FOUR—continued. METHOD OF TESTING—continued.
1. Method of testing for heating power—continued.
Where a Boys flow calorimeter is used each testing shall include fifteen observations of the temperature of the outlet water made at intervals of one quarter of one minute, and four observations of the temperature of inlet water made at intervals of one minute. The average of each set of fifteen and four observations respectively, is to be taken as the outlet and inlet temperature for that testing.
Where a recording calorimeter is used it shall be standardised by the senior gas examiner upon its installation against a flow or portable calorimeter of a type approved by a commission after an inquiry and at any time thereafter at the discretion of the senior gas examiner or at the request of a company.
In the event of the heating power being at any time ascertained to be below five bundled and fifty British thermal units gross, or the standard prescribed by proclamation in the Gazette in lieu of five hundred and fifty British thermal units gross in respect of any particular company, a second test shall be made at an interval of not less than three hours from the time of making the first test at that testing-place, and the average of the two tests shall be deemed to be the heating power of the gas at such testing-place on that day :
Provided that the Commissioner may, upon such conditions as he
may from time to time impose, authorise any other method of testing.
2, Method of testing for sulphuretted hydrogen.
The gas shall be passed through the glass vessel containing the strip of bibulous paper moistened with the solution of acetate of lead for a period of three minutes or such longer period as may be pre- scribed, and if any discoloration of the test-paper is found to have taken place where carburetted water gas is not used, this is to be held conclusive as to the presence of sulphuretted hydrogen in the gas ; and where carburetted water gas is mixed with gas supplied and any discoloration of the test paper is observed, confirmation of the presence of sulphuretted hydrogen shall be obtained by passing the gas through
| and should a black precipitate be formed, this shall he held conclusive | a solution of lead acetate or silver nitrate for a period of three minutes, | ||
| as to the presence of sulphuretted hydrogen in the gas. | |||
|
FORM OF ANNUAL ACCOUNTS.
The Company. Year ended 31st December, 19 .
A—STATEMENT OF SHARE CAPITAL.
On the 31st December, 19 .
6 8 9
1 2 3 4 5 ' A , 1 t-
| Description | Standard | Number | Nominal | „ ,, , ,T | _ . . | ,' i*™,}1!!,.,. | Remaining | Total |
of Dividend of Shares Amount S r S i i E p , a i „ f,„H».n *• be Amounts
P e r S h a r e " P a l d U p - D o t S M
| Capital. | Authorised. | Issued. | of Share. | Issued. | Authorised. |
| . | . | h^ |
B—STATEMENT OF LOAN CAPITAL.
On the 31st December, 19 .
| Daro^aTe0Bon0dan | R^e per cent. | ^ r r o ^ e d a f | Remaining to be | Total Amounts |
e d B o " ° w e d -
| D e b S e f l t o ^ c ) | of Interest. | s l 6 t ^ ™ I n b | r * 1 9 | . | Authorised. |
Total Share Capital paid up (See A) ... £ Total Loan Capital borrowed (See B) ... £
Total Capital received ... ... £
S C H E D U L E
SCHEDULE FIVE—continued.
C—CAPITAL ACCOUNT.
For the Year ended 31st December, 19
Expendi- « „ „ • , Total Certified , , . Total to3Ut Recei'jt8-
<•«•*" S i s S B-Stete d " r
Slet D e c , * ™ December, 31st D e c , " * to 31st y e a r *
19 - 19 . 19 . y e a r - D e c , 19 .
_ _ _ ^ _ _ _ _ _ _ _ _ _ _
£ s. d. £ s. d. | £ s. d. £ 8. d. £ ;. d. £ g. d .
| 1. To expendi ture | to | 1. By Ordinary Shares |
31st December, 19 . ot £ each
Since that date.
| 2. To lands acquired, in- eluding law charges | 2. By Ordinary .Shares |
of £ each
| 3. To | new | buildings, | 3. By Preference Shares |
manufacturing plant, of £ each
machines, storage
works, and other s t ructures connected with manufacture . .
| 4. To new | additional | 4. By^Debenture Stock |
mains arid service pipes (not being in place of old ones worn out), including laying same, paving, and other works con- nected with distri- bution
| 5. To | new | additional | 5. By Mortgages | and |
meters (not in place Bonds of old ones worn out), including fixing
| 0. | Do. | stoves | 6. | By Amount received |
| ||||
| calls |
| 7. To special items, it | 7. By Premium Capital |
any
8. By other i tems
Total expenditure . .
To Balance of Capital
Account
£ Total £
SCHEDULE;
SCHEDULE FIVE-continued.
D—REVENUE ACCOUNT.
For the year ended 31st December, 19 .
£ s. d. £ s. d. £. s. d. £ s. d.
| To Manufacture of Gas— | By Sale of Gas— |
| 1. Coal, oil, & c , including dues, carriage, unloading, and all ex- | 1. Private consumers at | per |
<ras uni t
penses of depositing tame on 2. Public lighting and under con- works t racts
| ' | 2. | Purifying materials, water, and |
|
3 Salaries of Engineer, and other officers a t works
4. Wages and gratuit ies
5. Repairs and maintenance of works
a"d plant (including renewal of By Sale of Residual P r o d u c t s -
retorts), machines, apparatus, 4. Coke
tools, materials, and labour o. EJreeze
o". Tar
. , , . . , . 7. Ammoniacal l iquor
r
Less old material soil . . . . o f ammonia 8< S u l p h a t e
9. Asphalt
| To Distribution of Gas— | 10. By rents |
| 6. Salaries and wages of officers, including rental clerks | 11. By transfer fees |
By other items, if any
7- Repair, maintenance and renewal of mains and service pipes, in- cluding materials, laying and paving, and labour
8. Repairing, renewing, and fixing and refixing meters, stoves, gas fittings, &c
To Public Lamps -
9. Lighting and repairing
To Rent, Rates , and Taxes—
10 Rents
11. Rates and taxes
To Management—
12. Directors' allowances
13. Salaries of secretary, accountant, and elerks, office-keepers, and messengers
14. Collectors'commission or salaries
15. Stationery and print ing
| 16. | General establishment charges and incidentals |
Audi tor
| To Law and Parl iamentary Charges - - | |
| IS. Law | * |
19 Parl iamentary charges
To General Charges—
20. To Bad Debts
To other items (if any)
To amount transferred to Special
Purposes and Depreciation Fund (G), as authorised under section ten
Total Expendi ture £ Total Receipts £
i .
Balance carried to Profit and Loss
Account (E) :
SCHEDULE
SCHEDULE FIVE— continued.
| Dr, | E—PHOFIT AND LOSS ACCOUNT ( N E T REVEXUK). | Cr. |
For the Year ended 31st December, 19 ,
'•£ s. d. £ a. d.
| 1. To Amount eairied to Reserve Fund Account (V) from profits of | 1. By Balance of net profit brought |
from last account (31st Decem-
19 | bcr, 10 )
2. To Interest on temporary loans,' and moneys received in anticipa- tion of calls
2. Ly Amount drawn from Reserve
| 3. To Interest en Mortgages and Bonds accrued to 31st December, 19 ... | Fund |
L<ss dividend paid for the half-year ended 31st Decern-
| 4. To Dividend on Debenture Stock to 31st December, 19 | ber, 19 .. .. |
| 5. To Half-year's Dividend on 1st preferential to 30th June, 19 ... |
3. Balance brought fiom Revenue
| C. To Half-year's 2nd preferential to! 31st December, 19 | Account (D), being profit for |
| year to 31st December, 19
7. To Half-year's Dividend on ordinary!
shares at percent
| To Balance of net profit to be carried; to next account, subject to half- year's dividend to 31st December, 19 | 4. Interest on moneys deposited |
!
| ! £' £ i
F—IIESERVE FUND ACCOUNT.
For the Year ended 31st December, 19 C s. (1. C s. d.
| 1. Amount (if any) carried to Profit and Loss Account (E) to make | 1. By Balancj brought forward from |
last account
up deficiencies of dividends to
31st December, 19
2. By Balance brought forward from
| 2. Amount paid for extraordinary claim or demand (if any) | Profit and Loss Account (K) ... |
| 3. Amount of Balance to be carried to | 3. By Interest on amounts invested... |
next account
£ £
SCHEDULE
SCHEDULE FIVE— continued.
G—SPECIAL PURPOSES AND DEPRECIATION FUND ACCOUNT.
Fcr the Year ended 31st December, 19
£ a d. £ s. d,
| 1. To Expenses incurred by reason of accidents, or circumstances | 1. By Balance brought from last |
Account
which due care and manage- '?. By Amount appropriated from ment could not have prevented Revenue Account (1)) under see-
| To other items (if any) | tion ten of Act |
| 2. To | Expenses incurred in the replacement or removal of plant or works other than expenses requisite for maintenance and repair of plant and works | 3. By Inteiest on Amounts invested |
To Replacement of plant
To Removal of plant
To Renewal of plant and works ...
To Other items (if any)
3. To Amount of Balance to be carried to next Account
£ £
H—STATEMENT OF GAS AND COALS.
During the Year ended 31st December 19
| In Store j Received ! Carbonised In Store j G a s m a d e
G a s s o l d
| Description of Coal. | 31st Dec.,! | during | or used | 31st Dec, | "-"ring i(gas units), (gas units). | during |
19 . 1 year. during year. )9 . , >'ear., . , y c a r
J J °
Tons. Tons. Tons. Tons. I
I
SCHEDULE
SCHEDULE FIVE—continued.
[—STATEMENT OF RESIDUAL PKODUCTS.
For the year ended 31 st December, 19 .
In Store , , u , , r , ] l r i „ Used in In Storn
,. . . . , ,. . , , 3Ut December, * , a '"-""= manufacturing Sold durinsr :Sl&t December,
. Description o! Residual. .ear during year, year 1 9 . w
Estimated. uauiuatea Estimated. Estimated.
Coke
Breeze
Tar, Gallons
Ammoniacal Liquor
Sulphate of Ammonia
Asphalt
J — 0 E N E R A L BALANCE-SHEET.
| Dr. | On 31st December, 19 | . | Cr. |
£ s. d. £ s. d.
| 1. To Capital Account— | 1. By Cash at bankers |
Balance at credit thereof (Account 2. By Cash on deposit at interest C) 3. By Coals for stock on hand, 31 st
| 2. To Profit and Loss Account— | December,]!) | .,.. |
Balance at credit thereof {Account 4. By Coke and breeze E) 5. By Tar and other products
| 3. To Keserve Fund— | 6. By .Sundry stores |
Balance at credit thereof (Account 7. By Accounts due to the Company ; P) balance of this account due to
| 4. To Special Purposes and Deprecia-, | the Company on 31st December, |
tion Pund— 19 , less deposits and prepay- Balance at credit thereof (Account: ments
G) 8. By Coke and other residual
| 5. To Unpaid dividends | 9. By Sundry accounts |
| 6. To Interest accrued and unpaid on mortgages, bonds, and debenture |
stock, and other loans to 31st By Special items (if any), including December, 19 investments
7. To Sundry tradesmen and others for amounts due for coals, stores,
&c, to 31st December, 19
8. To Wages and contingencies. amounts due to 31st December, 19
To Other items, if any
£ £
SCHEDULE
SCHEDULE FIVE—continued.
| K—BALANCE-SHEET OF THE | COMPANY MADE UP TO | 19 | . |
| Dr. | Cr. |
CAPITAL AND LIABILITIES. PROPERTY" AND ASSETS.
Showing— £ s. d. £ s. d. Property j Showing— £ s. d. £ 9. d.
| Capital . | | 1, The number of shares.. | held by the | Immovable property, dts- |
| 2. The amount paid per Company, j t inguishing— share (a) Freehold land I
3. If any arrears) of calls, (6) ,, buildings
the na tu re of the ar- (c) Leasehold j rears and the names Movable property, distin-
of the defaulters guisbing— 4. The part iculars of any (d) Stock-in-trade forfeited shares \e) Plant
| Debts and | 5. The amounts of loans | Debts owing | Debts considered good,' |
o n
| liabilities | mortgages or de- | Lo the | for which the Company| |
| of the | benture bond* | Company. . | holds bills or other! |
| company. | 6. The amoun t of debts | securities | I |
owing by the Company I Debts considered good,! distinguishing, for which the Company
(a) Debts for which holds no security ' acceptances have Debts considered doubt- been given ful and bad (b) Debts to trades- (Any debt due from a men for Supplies director or other! of Stock-in-trade officer of the Com- or other articles pany to be separately] (c) Debts for Law s tated.)
t
Expenses Cash and The nature of Investment
(d) Debtsfor lnteres t invest- and rate of In teres t ..I on debentures or ments . The amount of Cash, i
o ther loans where lodged, and if,
(c) Unclaimed divi- bearing in teres t . dends
(J) Not enumerated
above
| Reserve | The amount set aside |
| F u n d . | from | profits |
| Special Pur- | The amount appropriated |
| poses and | from revenue under |
| Depreciation | Clause of Act, for |
| Fund . | the purposes de fined therein |
Profit and , The disposable balance
| Loss. | for payment of divi- dends, Ac |
Contingent I Claims against the Corn- liabilities. ' pany not acknow-
ledged as debts . . .
Moneys for which the
Company is contin-
gently liable £ £
L — L I S T OF SHAREHOLDERS.
| Name of | Address | rWnimflnn | Number of | « | . „ h | Date of purchase |
| Shareholder. | Address. | Occupation. | shares | held. | ^ a s s ol baares . | 0 r | allotment, |
SCHEDULE
SCHEDULE STX.
| Number of Act | Title of Act. | Extent of repeal. |
| No. 71, 1912 ... Gas Act, 1912 | The whole. |
| No. 3, 191S | ... Gas (Amendment) Act, 1918 ... The whole. |
No. I t , 1920 ... Gas (Amendment) Act, 1920 ••• The whole. No. 5, 192G ... Gas (Amen Iment) Act, 1926 ... The whole.
| No. 2, 1917 | ... | Electric | Light:ns; | and | Gas The whole. |
Emergency Act, 1917.
0
0
0