Gas and Electricity Act 1935 (NSW)
GAS AND ELECTRICITY ACT.
Act No. 42, 1935.
An Act to make better provision for and with respect to the supply and use of gas and electricity, the regulation of dividends, funds, accounts and shares of gas companies and the charges made for electricity by the Electric Light and Power Supply Corpora- tion Limited; to alter the law relating to the licensing of electrical contractors and electricians; to make certain provisions in relation to electricity generating stations, additional main generating units, and main transmission lines; to constitute a Sydney
County
County Council and to transfer the Elec tricity Department of the Municipal Council of Sydney to such County Council; to repeal the Gas and Electricity Act, 1932, the Electrical Contractors Licensing Act, 1924, and certain other Acts; to amend the Local Government Act, 1919, the Sydney Corporation Act, 1932-1934, and certain other Acts in certain respects; and for purposes connected therewith. [Assented
to, 11th April, 1935.]
BE it enacted by the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South b y and with the advice and consent of the Legis Wales in Par l iament assembled, and b y the author i ty o£ t h e same, as follows :—
P A R T I .
PRELIMINARY.
DIVISION 1.—Short title and interpretation. 1. (1) This Act may be cited as the " G a s and Elec
t r ic i ty Act, 1935 ." (2) This Act, wi th the exception of th is Division and P a r t V I and P a r t X, shall commence on a day t o be appointed by the Governor and notified by proclama tion published in the Gazette, which day is in this Act
re fe r red to as the commencement of this Act. This Division and P a r t V I and P a r t X of this A c t shall commence on the day upon which the assent of His. Majesty to th is Act is signified.
(3) This Act is divided into P a r t s as fol lows:—
P A R T I . — P R E L I M I N A R Y — s s . 1-4. DIVISION 1.—Short title and interpretation—ss- 1-3.
DIVISION 2.—Repeal and savings—s. 4.
P A R T I I . — B O A R D S OF I N Q U I R Y — s . 5.
P A R T
P A R T III .—REGULATIONS OF GAS COMPANIES—ss . 6 -
22A.
DIVISION 1.—Special provisions applicable to com
panies mentioned in Schedule One—ss. 6 - 1 2 .
DIVISION 2.—General provisions applicable to gas companies—ss. 1 3 - 2 2 A .
P A R T I V . — G A S — s s . 2 3 - 3 4 .
DIVISION 1.—Standards of heating power, purity and pressure of gas—ss. 2 3 , 2 4 .
DIVISION 2.—Gas examiners—s. 2 5 .
DIVISION 3.—General and supplemented—ss. 2 6 - 3 4 .
P A R T DIVISION 1.—Regulation of supply and use of elec
V . — E L E C T R I C I T Y
S U P P L Y — S S .
3 5 - 3 7 .
tricity—s. 3 5 . DIVISION 2 .—Agreements between councils as to
gas and electricity—s. 3 6 . DIVISION 3.—Main transmission lines, generating
stations, etc.—s. 3 7 .
P A R T V I . — S U P P L Y OF ELECTRICITY IN THE CITY OE SYDNEY AND CERTAIN OTHER AREAS—ss. 3 8 - 8 0 .
DIVISION 1.—Preliminary—ss. 3 8 , 3 9 .
DIVISION 2 .—Const i tut ion of Sydney County Dis
trict—s. 4 0 .
DIVISION 3 .—Consti tut ion of Sydney County Coun cil—ss. 41—46.
DIVISION 4.—Transfer of powers, etc., of The
Municipal Council of Sydney and of certain
other councils relating to electricity supply, etc.—ss. 4 7 - 5 5 .
DIVISION 5.—Exercise of powers, etc., of Council.—
ss. 5 6 - 7 2 .
DIVISION 6.—Accounts and audit—ss. 7 3 - 7 9 . DIVISION 7 .—Revision of charges made for elec
tricity by the Electric Light and Power Supply
Corporation Limited—s. 8 0 .
P A R T V I I . — E M E R G E N C Y PROVISIONS—s. 8 1 . P A R T V I I I . — G E N E R A L — s s . 8 2 - 8 5 .
P A R T
P A R T IX .—ELECTRICAL CONTRACTORS AND E L E C
TRICIANS L I C E N S I N G — s s . 8 6 - 8 8 .
P A R T X . — A M E N D M E N T OF SYDNEY CORPORATION
A C T , 1 9 3 2 - 1 9 3 4 - s . 8 9 . S C H E D U L E S .
2. ( 1 ) W h e r e the provis ions of this Act a re incon sis tent wi th the provisions of any o ther Act with r ega rd to any m a t t e r to which th is Act applies the provis ions of this Act shall prevai l .
( 2 ) A gas company, whether opera t ing under t he
provis ions of a special Act or otherwise, shall be deemed to be author ised to do any act or th ing necessary for manufac tu r ing or supplying gas in accordance with the requi rements of this Act.
(3) The Governor may , by proclamat ion published in the Gazette, exempt from the operat ion of such p ro visions of th is Act as are mentioned in the proclamat ion, and for the per iod mentioned therein, any gas company which is a local au thor i ty or any person opera t ing unde r a franchise g ran ted under the Local Government Act ,
1 9 1 9 , as amended by subsequent Acts .
(4) Division One of P a r t I I I of th is Act shall app ly
only to a gas company for the t ime being included in
Schedule One.
3. In th is Act, unless the context or subject-mat ter otherwise
requi res—
" B o a r d " means a board const i tuted under this A c t ;
' ' B r i t i s h the rmal u n i t " means the quant i ty of hea t requi red to raise one pound of wa te r one degree
F a h r e n h e i t ;
" G a s c o m p a n y " means any company, corpora t ion , firm or person supplying or d is t r ibut ing gas for l ighting, heat ing, motive power, or o the r purpose , and disposing o f the same with a view to profit, and includes a local au thor i ty , but does not include any person or corpora t ion act ing on behalf of the Crown;
" G a s
" G a s u n i t " moans three thousand four hundred and
twelve Br i t i sh the rmal uni ts g r o s s ;
" L o c a l a u t h o r i t y " means council of a city, munici pal i ty or shire, or an u rban committee, or a
county council;
" P a r t " means P a r t of this Ac t ;
" P r e s c r i b e d " means prescr ibed by this Act or by
regulat ions made the reunde r ;
" S c h e d u l e " means Schedule to this Ac t ;
" S t a n d a r d p r i c e " means , in relat ion to gas supplied by a company mentioned in Schedule One, the appropr i a t e price for the t ime being set oppo site the name of tha t company in tha t Schedule.
DIVISION 2.—Repeal and savings.
4. (1) The Gas and Electr ic i ty Act, 1932, is hereby repealed.
(2) All regulat ions made under the Gas Act, 1912, which a re in force a t the commencement of this Act shall, so f a r as they a r e not inconsistent with this Act, con t inue in force unti l repealed or replaced by regulat ions made under this Act.
I n the construction of such regulat ions , a reference to a board shall be construed as a reference to a board const i tuted under this Act.
(3) A person appointed to the office of gas examiner unde r the provisions of the Gas Act, 1912, or the Gas and Elect r ic i ty Act, 1932, and holding such office a t the commencement of this Act, shall continue in office in the game manne r as if he had been appointed under this Act . (4) The r ights , powers and obligations of a gas company as exist ing at the da te of the commencement of th i s Act in respect of any m a t t e r or th ing which under th is Act may be dealt with by a board, shall continue in full force and effect until var ied under the provis ions of this Act.
(5)
(5) The person who, immediately before the com mencement of this Act, holds office as Commissioner for Gas and Electr ic i ty under the Gas and Electr ic i ty Act, 1932, shall, on such commencement, cease to hold such office, but shall be eligible, on the recommendat ion of the Public Service Board , to be appointed to some office in the Public Service corresponding in classification and sa la ry to tha t which he held at the date of his appoint ment as Commissioner, and if he is not so recommended and appointed within three months after the commence ment of this Act, and if within such per iod of t h ree months he shall not have been appointed by the Govern ment to an office with a sa la ry not less t han the said sa lary , he shall receive such compensat ion as he would have been entit led to had his services been dis pensed with at the commencement of this Act o therwise than according to law.
The provisions of the Public Service Act, 1902, a s amended by subsequent Acts, and of any regula t ion made thereunder , conferr ing r igh ts and privi leges in respect of leave of absence on an officer of the Public Service shall be deemed to have applied to and in respect of the Commissioner to the same extent as if he had continued to hold the office in the Public Service held by h im imme diate ly before his appointment as Commissioner, and any leave by way of o rd ina ry leave accrued to h im and not taken at the commencement of this Act shall be added to the leave to which he is enti t led under section th i r t een of the Public Service (Amendment ) Act, 1919, as amended by subsequent Acts.
I n the event of his not being appointed to the Publ ic Service, then, for the purposes of sections 13A and four teen of the Public Service (Amendment ) Act, 1919, a s amended by subsequent Ac t s—
(a)
the termination of his office as Commissioner by the opera t ion of th is Act shall be deemed to be a re t i rement from the Public Service unde r the provis ions of section sixty-seven of t he Publ ic Service Act, 1902;
(B)
(b)
the money value of leave not taken by him shall be computed at the ra te of sa la ry received by h im as Commissioner immediately before the commencement of this Act.
P A R T I I .
BOARDS OF INQUIRY.
5. (1) The Governor m a y from time to time appoint a board for the purposes of this Act.
(2) A board shall consist of three members , one to be nominated by the Minister , one to be nominated by the g a s company or gas companies concerned in the subject- m a t t e r of the inquiry to be held by tha t board, and a t h i rd member who shall be chairman, and shall be a pe r son agreed upon between the Minister and such company or companies.
I n the event of the Minister and the company or companies failing to agree as to the th i rd member, such th i rd member shall be a person nominated by the Chief Jus t i ce of New South Wales.
(3) If no person, or no person able or willing to act as a member of the board, is within the time prescr ibed nominated by the company or companies concerned, the Minis ter m a y appoint any person to represent the company or companies as a member of such board .
(4) F o r the purposes of any inquiry by a board, the cha i rman shall have the powers, r ights , privileges, protect ion and immunit ies of a cha i rman of a Royal Commission within the meaning of Division One of P a r t I I of the Royal Commissions Act, 1923-1934, and a member or a board shall have the powers , r ights , pr ivi leges, protect ion and immunit ies of a commissioner within the meaning of tha t Division. (5) The provisions of the Royal Commissions Act, 1923-1934, with the exception of section th i r teen and Division Two of P a r t I I , shall apply to and with respect t o any inquiry by the board.
(6)
(6) Any two members of a board shall be a quorum and shall have the powers and author i t ies by this Act conferred upon a board , provided tha t if a t any meet ing of a board the cha i rman is not p resen t and the members p resen t differ in opinion upon any m a t t e r the determina t ion of such m a t t e r shall be postponed unti l such t ime as the cha i rman shall be p resen t .
(7) No act, de terminat ion or proceeding of a board shall be invalid merely because a t the time of the act, de terminat ion or proceeding there is a vacancy in t he office of a member of the board .
(8) The cha i rman shall have a del iberat ive vote , and in the case of an equal division of votes a cas t ing vote.
( 9 ) I n the case of illness or absence of a member ,
the au thor i ty which nominated such member m a y nominate a deputy to act for such member du r ing h is illness or absence, and such deputy whilst so act ing shall be deemed to be a member of the board .
(10) The costs of and incidental to an inquiry , including the fees of the members , shall be paid by the pa r t i e s to the inquiry in such propor t ions as the board may direct.
(11) No action or suit shall be b rought or main ta ined aga ins t any person who is, or a t any t ime h a s been, a member of a board, for any th ing done or omit ted by him p u r s u a n t to the duties imposed upon him by th is Act .
P A R T
P A R T I I I .
REGULATION OF GAS COMPANIES.
| DIVISION 1.—Special provisions | applicable | to | companies |
mentioned in Schedule One.
6. (1) The profits of a gas company available for dis t r ibut ion among the holders of i ts share capi tal in any y e a r shall not exceed the following ra tes (in th is Act re fer red to as the s t anda rd ra tes of d ividend) , t ha t is to s a y -
on the o rd inary share capi tal of the company—the
r a t e of six pounds in respect of every one hundred pounds actually pa id u p or issued as pa id
u p of such cap i ta l ; and
on the preference capi tal of the company—the r a t e of five pounds ten shillings in respect of every one hundred pounds actual ly pa id u p or issued as pa id up of such capital .
(2) Should a gas company other than the four companies firstly mentioned in Schedule One be unable to obtain share capital a t par , the s t anda rd r a t e s of divi dend on such capi tal may, with the approva l of the Minis ter and upon recommendat ion by a board be increased and such increased r a t e s shall be the s t andard r a t e s of dividend on such capital .
7. (1) The directors of a gas company may, if they
think fit, in any year , t r ans fe r out of the revenue of the
company as p a r t of the expendi ture on revenue account,
any sum not exceeding an amount equal to one-half of
one pe r centum of the aggrega te of the share capital
(inclusive of p remiums) and the loan capital as defined by regula t ion to an account to be called " t h e special
| purposes (2) The special purposes account shall be appli | accoun t . " |
cable only to meet—
(a)
expenses incurred by reason of accidents, indus t r ia l d isputes and other circumstances which due care and management could not have p r e v e n t e d ;
(b) expenses incurred in the removal of plant or
works . (3) (3) The maximum amount s tand ing to the credit of the special purposes account shall not, at any time, exceed an amount equal to one-twentieth p a r t of the aggrega te of the share and loan capi tal of the company as prescr ibed in subsection one of this section.
(4) So long as there is any balance remaining in the special purposes account, any expenses of the na tu r e re fe r red to in subsection two of this section shall be charged against such account.
8. The di rectors of a gas company may, if they think fit, in any year , charge agains t the revenue of the company as p a r t of the expendi ture on revenue account, any sum not exceeding an amount equal to three pe r centum of the book values (after deduct ing depreciat ion or allowing for any amount in the depreciat ion reserve as the case m a y requi re) of the manufac tu r ing and d is t r ibut ing plant , buildings, and equipment of the company calculated on the average monthly balances of such book values th roughout the year , and any sum so charged shall be applied in wr i t ing down such book values or be car r ied to a depreciat ion reserve.
9. The amount s tanding to the credit of the special purposes and depreciat ion fund of a gas company a t the commencement of this Act may be allocated between the special purposes account and the wr i t ing down of the book values of the company ' s assets or the t r ans fe r to a depreciat ion reserve in such propor t ions as the di rectors may decide, but not less than one-seventh p a r t of such amount shall be allocated to the special purposes account. 10. (1) Where the average price pe r gas uni t charged by a gas company for all gas sold by it du r ing any yea r shall have been six one-thousandths of a penny or more below the average s t anda rd price pe r gas uni t applicable to t ha t company the d i rec tors of the company may, out of the profits, set a p a r t such amount as they think fit by way of a general reserve .
The amount so set a p a r t shall not exceed the sum ascer
tained by mul t ip lying the total number of gas uni ts sold
by
by the company dur ing the year by the difference between the average s t andard price per gas uni t and the average price pe r gas unit .
I n this subsection—
" T h e average price pe r gas u n i t " means the sum ascer ta ined by dividing the total sum charged by the company for all gas sold by it dur ing the year , by the total number of gas uni ts so sold;
'The average s tandard price per gas u n i t " means the sum ascertained by dividing the total sum which the company would have charged for all gas sold by it dur ing the year if it had charged the s t andard price therefor , by the total number of gas uni ts so sold.
( 2 ) All amounts so set a p a r t may be invested in
Government or other securit ies not connected with the business of the company and the dividends and in te res t a r i s ing from such securities may be invested in the same or like securities in order tha t the amounts may accumu late at compound interest .
(3) The general reserve so formed may be applied to the payment of dividends in any year in which the profits of the company are insufficient to enable it to pay the s t andard ra tes of dividend.
( 1 ) Save as author ised in this P a r t no sum shall
in any year be t r ans fe r red from revenue by a gas
company to any reserve, fund, or account.
11.
( 2 ) Subject to this section the profits of a gas
company shall not be util ised otherwise than to pay dividends, and to provide a general reserve and a sus pense or reserve account to inaugura te a superannuat ion fund in accordance with this Act.
(3) If the clear profits of a company in any year , af ter provid ing for all expenses p roper ly chargeable to revenue, in teres t payable on loans, and any t r ans fe r s t o any reserve, fund, or account author ised by this P a r t , amount to a l a rger sum than is sufficient to p a y the s t anda rd ra tes of dividend, the excess may be carr ied forward in the profit and loss account ; but the balance
remain ing
remain ing in the profit and loss account af ter allowing for payment of accrued dividends shall not a t any t ime exceed the amount required to pay one y e a r ' s dividend
a t the s t a n d a r d ra tes . (4) A gas company which contravenes any p ro vision of th is section shall be liable on summary convic t ion to a penal ty not exceeding one hundred pounds, and a fu r the r penal ty not exceeding fifty pounds for every day on which, af ter such conviction, the contravent ion continues.
12. ( 1 ) A gas company shall not charge for gas sup plied by mete r a price exceeding the appropr i a t e s t anda rd price applicable to tha t company. (2) (a) The Minis ter shall, at the request in wr i t ing of a gas company, and may a t any t ime of his own motion, const i tute a board to inquire what price or pr ices of gas would, if charged by a company, and, hav ing r e g a r d to all its o ther revenue , enable tha t com pany to pay the s t anda rd ra tes of dividend af ter making
provis ion for— (i) in teres t payable on loans ;
(ii) expenses under the prescribed headings properly chargeable to revenue, including—
(a)
the maximum amount which may be t r ans fe r r ed to the special purposes account in accordance with section seven of this Ac t ;
(b)
the maximum amount which may be charged for depreciat ion in accordance
with section eight of this Ac t ; and (iii) a reasonable sum for contingencies which shall not exceed the amount necessary to p a y one half-
y e a r ' s dividend at the s t a n d a r d ra tes .
(b) The board shall de termine and certify such pr ice or pr ices to the Minister , and where such price or pr ices differ from the pr ice or pr ices set opposi te the name of the company in Schedule One, the Governor m a y by proclamat ion published in the Gazette amend Schedule One by subs t i tu t ing for the price or pr ices then set opposi te the name of the company the pr ice or prices so certified by the board .
(3).
(3) Upon any repr in t of this Act Schedule One shal l be repr in ted as amended pu r suan t to this or any o ther section of this Act.
DIVISION 2.—General provisions applicable to gas companies.
13. (1) Notwi ths tanding the provisions of any Act or of any memorandum or art icles of association the issue af ter the commencement of this Act of any shares in The Aus t ra l ian Gas Light Company, the Nor th Shore Gas Company Limited, The City of Newcastle Gas and Coke Company (Limited) or the Manly Gas Company Limited, shall be subject to the following provis ions :—
(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 p a r ; (b) notice of the intended sale shall be given to the Minis ter at least twenty-eight days before the d a y of auction or the last day for the reception of tenders , as the case may be, and shall be adver t i sed once in each of two consecutive weeks in one or more daily newspapers published in Sydney, and in one or more newspapers pub lished and circulat ing in the locality in which the
company supplies g a s ; (c) a reserve price shall be fixed and notice thereof shall be sent by the company in a sealed le t ter to be received by the Minister not less than
unt i l af ter the day of the auction or af ter the twenly-four hours before, but not to be opened last day for the reception of tenders as the case
may b e ; (d) no lot offered for sale shall comprise shares of g rea t e r 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 tender ing the same sum; (f) it shall be one of the conditions of sale that the total sum payable by the purchaser shall be pa id
| N | to |
to the company on a day to be fixed by the com pany being within three months af ter the date of the auction or of the acceptance of the tender as the case may b e ;
(g) any shares or stock which have been so offered for sale and a re not sold may be offered a t the reserve price to the holders of o rd inary and preference shares or stock of the company and to the employees of the company and to the con sumers of gas supplied by the company in such propor t ions as the directors of the company may think fit, or to one or more of these classes of persons only: Prov ided tha t in the case of an offer to holders of shares or stock, if the aggrega te amount of shares or stock applied for exceeds the aggre gate amount so offered as aforesaid, the same shall he allotted to and dis t r ibuted amongst the appl icants as near ly as may be in propor t ion to the amounts applied for by them respect ively;
(h)
any shares or stock which may have been offered for sale in accordance with the foregoing pro visions of this section, and are not sold, shall be 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 remain ing unsold may be otherwise disposed of at such price and in such manner as the d i rec tors of the company may determine for the purpose
of real is ing the best price obta inable ; (i) as soon as possible after the conclusion of the sale or sales the company shall send a repor t thereof to the Minister , s ta t ing the total amount of the respective shares or stock sold, the total amount obtained as premium (if a n y ) , and the highest and lowest prices obtained for the respective shares or stock;
(,i) the amount of p remium shall in all cases be t r ea ted as non-dividend
bearing.
(2) In this section " s h a r e s " includes o rd inary
and preference shares .
14. (1) Subject to the provisions of this Act, the Minis ter shall, at the request in wr i t ing of a gas company (other than a local au thor i ty ) not included in Schedule One, and may at any time of his own motion, consti tute a board—
(a)
to inquire what price or prices of gas would, if charged by the company, and having r ega rd to all its other revenue, and after allowing for the charges mentioned in subpa rag raphs ( i ) , (ii) and (iii) of p a r a g r a p h (a) of subsection two of section twelve of this Act, enable the company to pay dividends at r a tes equivalent to the s t andard ra tes of dividend refer red to in section six of this Act ; or
(b)
to inquire into and report as to whether the price or prices of gas supplied by a specified company should be fixed; or
(c)
to inquire into and report as to the circumstances of any such company and whether or not it should be included in Schedule One or whether or not it should be res t r ic ted in respect of the price or prices of gas to be charged by it, or whether or not it should be authorised to pay dividends in excess of the s t anda rd ra tes of
d iv idends ; or (d)
to inquire into and report upon any matter refer red to in this section or any question
ar i s ing therefrom.
( 2 ) The board shall make such inquiry and
shall furnish to the Minister a repor t sott ing out its
| findings. |
In the case of an inquiry under p a r a g r a p h (a) of sub
section one of this section, the board shall certify the pr ice or prices as determined by it to the Minister. In the case of an inquiry under p a r a g r a p h (c) of tha t sub section, the board may recommend tha t the company be included in Schedule One, and the Governor may upon such recommendation by proclamation published in the Gazette amend that Schedule by the addit ion of the name of the company concerned with the price or prices recom mended by the board set opposite the name of the
| company. | (3) |
(3) A board shall not be consti tuted by the Min is ter of his own motion under this section unless an inspection has been made and a repor t furnished to him on the accounts of the company concerned pu r suan t to section eighteen of this Act.
( 4 ) W h e r e a board recommended tha t the com
pany be included in Schedule One, it shall also repor t as to wha t consequential action should be taken by the com pany, and without l imiting the general i ty of this obliga tion, shall recommend what t r ans fe r s should be made from any exist ing reserve fund or account of the com pany so as to b r ing it into conformity with this Act or
the regula t ions made thereunder . Upon approva l by the Governor of the r epo r t the
company, on being required so to do, shall take suchaction as may be necessary for the purpose of giving
effect there to .
( 5 ) Notwi ths tanding any th ing contained in th is Act, a board const i tuted under this section may determine and certify w h a t price or prices should be fixed as the price or prices for gas supplied by the company and may recommend that the name of the company be not included in Schedule One. Upon proclamat ion by the Governor published in the Gazette the price or pr ices so certified shall be the maximum price or prices which may be charged by the company for gas supplied.
( 6 ) Where a board repor t s that , having r ega rd to
the special c i rcumstances of the company, including in such circumstances, its obligations incurred in respect of shares a l ready issued, the company should be included in
pay for a. specified period or per iods or general ly divi Schedule One but should never theless be author ised to dends a t a ra te or ra tes in excess of the s t anda rd ra tes re fe r red to in section six of this Act, the Governor may, by the proclamat ion amending Schedule One by including the company therein, author ise it for the per iod or per iods specified, or general ly, to pay dividends a t the ra te or ra tes specified in the proclamat ion, and, in the appl icat ion of Division One of this P a r t to the company, the r a t e or ra tes so au thor ised for the time being shall be deemed to be the s t anda rd r a t e s of dividend which may
be paid by tha t company. Any
Any such au thor i ty may be cancelled, var ied or revoked in like manner upon a like report .
15. ( 1 ) Subject to the provisions of this Act the Minis ter shall, a t the request in wr i t ing of a local au thor i ty conducting a t r ad ing under tak ing for the supply of gas , consti tute a board to inquire what pr ice or prices of gas would, if charged by the local author i ty , having r ega rd to any other revenue of the under taking, enable the local au thor i ty to—
(a)
pay all interest on loans lawfully raised for the purposes of the under tak ing ;
(b)
pay all expenses properly chargeable to revenue from the under tak ing including a sum for depreciat ion at such a r a t e upon the deprecia t ing assets in use by the local au thor i ty for the pur pose of the under tak ing as the board may de te rmine ;
(c)
provide a reasonable reserve for contingencies; and
(d)
make such provision for any sinking fund or reserve author ised by law as the board may determine.
( 2 ) The board shall determine and certify such
price or prices to the Minister .
Upon publication of a proclamation of such price or pr ices by the Governor in the Gazette, such price or prices shall be the maximum price or prices which may be charged by the local au thor i ty for gas supplied.
| 16. The Minister shall, a t the request of a gas com pany , consti tute a board to inquire whether the company |
(a)
require guarantees of a specified annual sum or a specified annual revenue as a condition of supplying gas to any district , a rea or pe r son ; or
(b)
make minimum or service charges for gas supplied by the company; or
(c)
make differential rates for gas supplied by such company.
The
The board shall r epor t to the Minis ter and if the case
so requires , certify the ra tes a n d / o r charges which in i ts
opinion a r e proper . The Minis ter may by wri t ing author ise the company to require guaran tees or to make minimum or service charges or differential r a tes as recommended by the board.
17. (1) A gas company (other than a local autho r i ty ) shall forward to the Minis ter on or before the thirty-first day of March in each year , an annual s tate ment of accounts duly audited, and if and when required by the Minister a list of shareholders of the company a t the thirty-first day of December then next preceding.
The s ta tement and list shall be in the form and contain the pa r t i cu la r s prescr ibed or as near there to as cir cumstances will permit .
In every such annual s ta tement of accounts the audi tor shall certify whether in his opinion the company has correct ly appor t ioned its expendi ture between capital and revenue.
( 2 ) The company shall keep copies of such annual
s ta tement a t its office and sell the same to any appl icant
at a price not exceeding one shilling for each copy.
( 3 ) Any gas company which makes default in
complying with the provisions of this section shall be liable to a penal ty not exceeding two pounds for each day dur ing which such default continues.
18. (1) The Audi tor-General shall, at the request of the Minister , e i ther personal ly or by a person appointed by him, audi t or inspect the accounts of a gas company and repor t to the Minis ter thereupon. The Minister may appoint a person who is a public accountant , an inspector of local government accounts or the holder of an aud i to r ' s certificate prescr ibed by or under the Local Government Act, 1919, as amended by subsequent Acts, to audi t or inspect the accounts of a gas company and repor t to him thereupon.
( 2 )
(2) F o r the purpose of any such audit , inspection or r e p o r t the Audi tor-General or the person appointed by him or by the Minister, shall have access to all books, accounts, documents, wri t ing, pape r s or ins t ruments in the possession or under the control of the company, which re la te to the accounts of the company.
(3) Any person who obstructs the Auditor-Gene ra l or the person appointed by him or by the Minister in the performance of his duties under this section, or who without lawful excuse refuses to produce any such book, account, document, wri t ing, pape r or ins t rument , or to answer any question asked by the Audi tor-General or such a person in the performance of such duties , shall be liable upon summary conviction to a penal ty not exceeding twenty pounds, and where such a person, after conviction for such an offence, still refuses to produce any such book, account, document, wri t ing, pape r or ins t rument , or to answer such a question, he shall be liable upon summary conviction to a fur ther penal ty not exceeding twenty pounds for each day dur ing which such refusal continues.
19. Where a person is required by a gas company to give securi ty for a supply of gas or for the payment of the ren ta l of a meter or any a p p a r a t u s whatsoever , and such securi ty is in the form of a deposit of cash or the equivalent of cash, such company shall, in accordance with the regulat ions , pay interes t thereon to such person a t the r a t e payable for the time being by the Common
| wealth Savings Bank of Aust ra l ia upon a savings bank | deposit of a like amount . |
| 20. (1) Nowi ths tanding the provisions of any Act, a gas company may— |
(a)
raise such additional capital as may be necessary by the creation and issue of o rd inary shares or stock, or preference shares or stock, or wholly or par t ia l ly by one or more of those modes respect ively;
(b)
(b)
raise or borrow money and secure the payment or repayment of such money in such manner and upon such t e rms and conditions in all respects as the said company in general meet ing or the di rectors may de te rmine ; any securi ty given in respect of any such money shall unless otherwise provided by the art icles of association (if any) of such company be under the hands of any two of the di rectors and the secre ta ry for the t ime being of the company, and shall be in such form, and shall contain such provisions, as the direc tors may decide; and
(c)
consolidate and divide all or any of the share capi ta l of the company into shares of l a rger amount (but not exceeding one hundred pounds a share) than the exist ing shares of the com pany, or subdivide the exist ing shares of the company, or any of them, into shares of smaller amount , but so tha t in the subdivision the p ro por t ion between the amount paid and the amount , if any, unpa id 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
au thor i ty .
21. (1) W h e r e a gas company included in Schedule
One desires to supply or d is t r ibute gas beyond the area
within which it is for the t ime being author ised so to do,it shall first apply in wr i t ing for the consent of the council of the shire or municipal i ty within the boundar ies of which it is des i red so to supply or d is t r ibute gas . ( 2 ) Upon request by the company, the Minis ter
shall const i tute a board for the purpose of inquir ing into
the mat te r . The board shall afford the council an oppor tuni ty of being heard, and shall thereaf te r recommend to the Minis ter the addi t ional a rea , if any, within which the company should be permi t ted to supply or dis t r ibute gas as aforesaid.
The
The board may also recommend what special price, if any, m a y be charged by the company, hav ing r ega rd to the cost of supplying and d is t r ibut ing gas within such addi t ional a rea , and what conditions, if any, should a t tach to the r ight to supply and dis t r ibute gas within
| t ha t | a rea . |
(3) Upon publication in the Gazette of a proc lamat ion by the Governor in tha t behalf the company shall be deemed to be author ised—
(a) to supply and distribute gas within the area and subject to the conditions, if any, mentioned in the proclamat ion notwi ths tanding the provisions of any Act, deed of set t lement or memorandum or art icles of associat ion; and (b) to charge the special price, if any, specified in the proclamat ion for gas supplied within such
addi t ional area.
2'2. (1) The Governor may, af ter a board consti tuted for the purpose by the Minister has inquired and repor ted t ha t such action would be desirable, by proclamation published in the Gazette, au thor ise—
(a) agreements for the purchase of the assets and under tak ing of a gas company by another such company a n d / o r for the joint working a n d / o r for the amalgamat ion of any gas companies upon such conditions as the board may recom mend, including necessary provisions with
r e g a r d to the capi tal of the combined company, the ves t ing of the p r o p e r t y and r igh ts of the purchased or amalgamated companies, and other necessary incidents and consequences of pur chase, amalgamat ion, or joint work ing;
(b)
any scheme for the superannuation of the employees of a gas company, including the pro vision to set aside sufficient funds from suspense accounts or reserves to inaugura te such a
scheme,
scheme, and the provision of funds for the suppor t of the same as an expense properly; chargeable to r evenue ;
(c)
the amendment of any superannuation scheme in operat ion at the commencement of this Act or author ised under this section af ter such commencement and of any deed executed to give effect to any such scheme;
(d)
the t r ans fe r by The Aus t r a l i an Gas L igh t Com p a n y of such amount of the fidelity fund held by the company to a superannua t ion fund as the di rectors of the company deem unnecessary for the purposes of such fidelity fund.
( 2 ) A board shall be const i tuted by the Minis ter
for the purposes of p a r a g r a p h (b) or p a r a g r a p h (c) of subsection one of this section a t the request of the com pany concerned or of the F e d e r a t e d Gas Employees ' Indus t r i a l Union, New South Wales Branch, and if the Governor in accordance with this section author ises any of the m a t t e r s re fe r red to in ei ther of the said p a r a g r a p h s the company concerned shall take such steps as may be necessary on its p a r t for the purpose of giving
effect there to . (3) This section shall not apply to a local author i ty .
2 2 A . Notwi ths tanding the provisions of any Act, deed
of sett lement, memorandum or art icles of association, agas company may as an expendi ture p roper ly chargeable
to revenue—• (1) join or become a member of and subscribe or give donations to any association, corpora t ion or society, formed or to be formed, the objects or
p a r t objects of which a r e :
(a) to promote and develop the gas industry
in i ts var ious b ranches ; (b)
to stimulate invention and research in respect to the gas indus t ry in its var ious b ranches :
( 2 )
( 2 ) give donat ions or contributions to universi t ies , technical colleges, schools or similar inst i tut ions for the purpose of ca r ry ing out research or other activities for the advancement of knowledge re la t ing to the gas indus t ry in i ts var ious branches, and suppor t associations or other bodies engaged in work which will be of benefit to the gas indust ry .
P A R T I V . GAS.
DIVISION 1—Standards of heating power, purity and
pressure of gas.
(1) (a) The s t andard of hea t ing power of the gas supplied by a gas company shall be not less than five hundred and fifty Brit ish thermal uni ts g r o s s : Prov ided tha t if the Minis ter is satisfied tha t it would be to the advantage of persons supplied with gas by a gas company he may, by notification published in the Gazette, vary the s t andard of hea t ing power of the gas to be supplied by such company.
23.
(b) A company supplying or d is t r ibut ing gas of a s t andard of heat ing power which at the commence ment of this Act has been determined under the law for the t ime being in force may main ta in tha t s t andard unti l
| var ied by the Minister , as provided in p a r a g r a p h | (a) |
| of this subsection. |
( 2 ) The gas supplied by a gas company shall
contain no sulphure t ted hydrogen.
(3) A gas company shall supply gas at such a p ressu re as will balance a column of water not less than two inches in height between the hours of five a.m. and nine p.m., and a column of water not less than one and one-half inches in height between the hours of nine p.m. and five a.m. at the main or as near as may be to the junc t ion therewith of the service pipe supplying the consumer.
(4)
(4) Any test of the heat ing power, pu r i ty and p ressu re of gas shall be made in accordance with the provisions of Schedule Two.
(5) A gas company shall provide the prescr ibed a p p a r a t u s for tes t ing gas a t such places (not exceeding three in number) on its premises or elsewhere as the Minister may approve , and shall at all t imes keep such
a p p a r a t u s in p r o p e r order and repa i r . 24. ( 1 ) Where at any t ime the gas tested at any tes t ing place is of less heat ing power than tha t p re scribed, the company supplying such gas shall be liable upon summary conviction to a penal ty not exceeding ten pounds if the deficiency exceed two pe r centum but be not more than five per centum, and not less than twenty- five pounds nor more than one hundred pounds if the deficiency exceed live pe r centum.
T h e average of the tes t ings made at a tes t ing place on any two consecutive days shall be deemed to represen t the heat ing power of the gas tested on the first of such days at such tes t ing place. One penal ty only shall be incurred by a gas company in respect of defect of hea t ing power on any one day.
( 2 ) Where at any time the gas tested at any test
ing place is of less pu r i ty than tha t prescribed, the com pany supplying such gas shall be liable upon summary conviction to a penal ty not exceeding ton pounds . One penal ty only shall be incurred by a gas company in respect of defect of pu r i ty on any one day.
(3) Where at any t ime the p ressu re of gas tested
is less than tha t prescribed, the company supplying such gas shall be liable upon summary conviction to a pena l ty not exceeding ten pounds. One penal ty only shall be incur red by a gas company in respect of defect of p res su re on any one day.
(4) A penal ty shall not be incur red by a gas com pany under this section if it can be shown tha t the defect was due to circumstances beyond the control of the company, or in the ease of defect of p re s su re tha t such defect was due to the necessary and t empora ry opening
or d i s turb ing of the company ' s mains.
DIVISION
DIVISION 2.—Gas examiners.
25. (1) The Governor may, under and subject to the provis ions of the Public Service Act, 1902, as amended by subsequent Acts, appoin t gas examiners for the pur poses of this Act.
(2) A gas examiner may, at any reasonable hour, tes t in accordance with the provisions of this Act the hea t ing power, pur i ty and p ressure of the gas supplied by a gas company. Reasonable notice of a proposed tes t ing shall be given to the company concerned and a person appointed by it may be present a t the test ing.
(3) A gas examiner shall, on the day succeeding tha t on which the tes t ing shall have been conducted or as soon thereaf ter as practicable, make and deliver to the Minister a repor t as to the resul ts of his test ing. H e shall also forward a copy of the r e p o r t to the company.
(4) A gas company and its officers and servants shall give to a gas examiner and his ass is tants access to the tes t ing places approved in accordance with this Act, and shall afford all facilities for the p rope r execution of his duties . A gas company or its officer or servant failing so to do shall be liable upon summary conviction to a penal ty not exceeding ten pounds .
DIVISION 3.—General and supplemental.
26. Notwi ths tanding anyth ing contained in any Act
or memorandum or art icles of association, a gas companyshal l charge for gas supplied by it on the basis of the
number of gas uni ts so supplied. 27. (1) A gas company shall not give, nor shall a person take, a supply of gas otherwise than th rough a meter supplied by the company giving the supply.
The Minister may g ran t exemption from the provisions of this subsection in special circumstances, for such per iod and subject to such t e rms as to charges and to such con dit ions as he may think fi t .
(2) A meter shall not be supplied by a gas com p a n y for the purpose of reg is te r ing a supply of gas unless it has been tested and s tamped in the manner prescribed.
(3)
(3) A gas company or a person offending against the provis ions of this section shall, upon summary conviction, be liable to a penal ty not exceeding five pounds .
(4) The reg i s t ra t ion of a meter supplied in accordance with this Act shall be p r ima facie evidence of the quant i ty of gas which has passed th rough the meter.
28. ( 1 ) A person des i r ing a supply of gas to pre mises a boundary of which is s i tuated within twenty-five y a r d s of any pipe of a gas company author ised to supply gas within the locality shall serve on the company a notice specifying the premises in respect of which the supply is requi red and the day, not being ear l ier than forty-five days from the da te of service, upon which the supply is desired to commence.
H e shall, if requi red by the company so to do, give a wr i t ten under tak ing to the company to take and pay for a supply of gas for a per iod of at least twelve months, and shall if so required give to the company securi ty for the payment of all moneys which may become due by him in respect of the supply of gas and in respect of such propor t ion of the cost of any pipe laid for the purpose of giving the supply as he may be required to bear by subsection three of this section.
(2) The company shall give to such person a supply not la te r than the da te mentioned in the said notice as being the da te upon which the supply is requi red to commence, and shall, subject to this Act, continue such supp ly :
P rov ided that the company shall not be bound to give or to continue a supply to a person who is indebted to it for gas supplied or upon premises where the pipes, fit t ings , appliances o r other a p p a r a t u s used in connection with the supply or use of gas are , in the opinion of the company, unsafe. A gas company which refuses or wilfully neglects to give or continue a supply which it is required to give or continue under this Act, shall, upon summary conviction, be liable to a penal ty not exceeding forty shillings in respect of each day dur ing which such refusal or neglect continues.
(3).
(3) The cost of so much of any pipes as may be laid upon any premises for the purpose of giving a supply there to and of so much of any pipes as may be laid for tha t purpose for a g rea te r distance than th i r ty feet from any pipe of the company, al though not on such premises, shall be borne by the person making the request .
2 9 . (1) An officer or se rvant of a gas company duly author ised in tha t behalf may, a t any reasonable hour, enter any premises to which gas is or has been supplied, or on which any pipe, meter , fitting, appliance or other a p p a r a t u s has been installed for the supply o r use of gas , and may inspect and test any such pipe, meter , fit t ing, appliance or other appa ra tu s , affix a seal to any such meter or pipe and remove any such pipe, meter , fitting, appliance or other a p p a r a t u s belonging to the company.
(2) A person who obstructs such officer or ser vant in the exercise of any au thor i ty under this section shall be liable upon summary conviction to a penal ty not exceeding five pounds.
3 0 . (1) A person who wilfully, f raudulent ly or by culpable negligence injures, or suffers to be injured any pipe, meter , fitting, appliance or other a p p a r a t u s belong ing to a gas company, or a l ters the index of any meter , or p revents any meter from duly regis te r ing the quant i ty of gas supplied or in terferes with any meter or with any seal affixed to any meter o r p i p e ; or fraudulently abs t rac ts , causes to be wasted or diverted, consumes or uses gas supplied by a gas company shall be guil ty of an offence and shall on summary conviction be liable to a penal ty not exceeding fifty pounds or to impr isonment for a t e rmnot exceeding twelve months , and shall (without preju
dice to any other r ight or remedy for the protect ion of
the gas company or the punishment of the offender), for every such offence, forfeit and pay to the gas company a sum not exceeding twenty-five pounds, and the company may, in addition there to recover the amount of any damage by it sustained.(2) The existence of artificial means for causing such a l te ra t ion or prevention, or for abst ract ing, wast ing, divert ing, consuming, or us ing gas supplied by a gas company When the meter , pipe, fitting, appliance or other
a p p a r a t u s
a p p a r a t u s is under the custody or control of the con sumer, shall be p r ima facie evidence tha t such a l tera t ion, prevent ion, abs t ract ion, waste , diversion, consumption or use (as the case may be) has been fraudulent ly, know ingly, and wilfully caused by the consumer.
3 1 . W h e r e a person has committed an offence against section twenty-nine or section th i r ty of this Act, the gas company may, unt i l the m a t t e r complained of has been remedied but no longer, discontinue the supply of gas to the person so offending.
3 2 . If a person neglects to p a y any sum due by h im to a gas company for gas supplied, the company may , af ter giving reasonable notice of i ts intent ion so to do, discontinue his supply of gas unt i l such sum, together with any expenses of the company in discont inuing and reconnecting such supply, a re fully paid, bu t no longer.
3 3 . A gas company may hi re to any person a p repay ment me te r and fittings to be used therewi th at such r a t e not exceeding seven one-hundreds of one penny for each gas unit supplied as may, from time to t ime, be fixed by
the Minister . The r a t e shall include the supply, fixing, repa i r , main tenance, inspection and collection of the said mete r and fittings and all costs whatsoever incurred by the company in connection therewith .
3 4 . (1) Notwi ths tanding the provis ions of the Act passed in the eighth yea r of the re ign of H i s la te Majesty K i n g Wil l iam the F o u r t h , int i tuled " A n Act for L igh t ing wi th Gas the Town of Sydney in the Colony of New South Wales , and to enable cer ta in persons associated
unde r the name, style and firm of ' T h e Aus t r a l i an Gas L igh t Company ' to sue and be sued in the name of the Sec re ta ry for the t ime being of the said Company, and for other purposes there in men t ioned , " as amended by subsequent Acts , it shall be lawful for the p rop r i e to r s of The Aus t r a l i an Gas Light Company by resolut ion passed a t any genera l meet ing of the company and confirmed as here inaf ter in this subsection provided to—
(a)
(i)
alter the number of directors of the com pany, but so tha t the number of d i rec tors shall not exceed seven;
(ii)
(ii) provide for the election, retirement, quali
fication and disqualification of d i rec to r s ; (iii)
provide for the remunera t ion of d i r ec to r s ;
(b) do or authorise to be done such things as relate to the in ternal working and regula t ion of the company and its business and a re not p a r t of the objects of the company and could be autho r ised or covered by the art icles of association of a company regis tered under the Companies Acts for the t ime being in force in the S ta te of New
South W a l e s :
P rov ided tha t no such resolution shall become opera t ive unless confirmed by such p ropr i e to r s enti t led to vote a s a r e presen t in person or by p roxy a t a subsequent general meet ing of which notice has been duly given and held af ter an in terval of not less than fourteen days nor more than one month from the date of the first meeting. The two meet ings may be convened by one and the same notice, and it shall be no objection to such notice that it only convenes the second meet ing contingently on the resolut ion being passed at the first meeting.
(2) Notwi ths tanding the provis ions of the said Act , the said company may, af ter a resolut ion in tha t behalf has been passed a t any genera l meet ing of the company and confirmed a t a subsequent genera l meet ing as provided in subsection one of this section—
(a) carry on any process for or in connection with the use or disposal of res idual products or the products a r i s ing from the working up or con version of residual p roducts and do all things incidental there to or connected therewi th ; (b)
ture , sell, r epa i r or deal in furnaces and any manufacture and repair meters, and manufac other appliances, p a r t s or mater ia l s used in con
nection wi th the manufac ture or use of gas or
res idual p r o d u c t s ; (c) build, purchase, charter, rent and otherwise acquire ships and vessels for the car r iage of coal or other mater ia l of or requi red by the com pany , or any shares or in teres t in any such ships or vessels, or mainta in , repa i r , improve, al ter , sell, exchange or let out on hire or char te r or otherwise deal with and dispose of any such
ships, vessels or sha re s ; (d)
(d)
purchase or acquire and hold or dispose of any shares , stock, debentures or debenture-stock of any company or body ca r ry ing on or about to ca r ry on any under tak ing or business which the
company is enti t led to ca r ry on ; (e)
purchase or otherwise acquire any interest in any pa ten ts , brevets d ' invent ion, licenses, con cessions and the like conferr ing an exclusive or non-exclusive or l imited r ight to use or any secret or other informat ion as to any invention in relat ion to the product ion, dis tr ibut ion and use of gas or of any by-products or residuals thereof or therefrom, and any other invention which may seem to the company capable of being profitably dealt with, and use, exercise, develop and g ran t licenses in respect of or otherwise t u r n to account any such pa ten t s , brevets d ' in vention, licenses, concessions and the like, and
informat ion aforesaid,
F o r the purposes of this subsection the express ion " r e s i d u a l
p r o d u c t s "
means
products
a r i s ing
directly
or
indirect ly from the manufac ture of gas .
(3) W h e r e a board in fixing the s t a n d a r d price of
gas , is satisfied tha t an operat ion of the company autho r ised by subsection two of this section, carr ied out by the company itself o r by a subsidiary company, has been de t r imenta l to the in teres ts of persons supplied with gas by the company, it may disallow such por t ion of the expenses charged against the revenue account in relat ion to such operat ion as it considers reasonable.
F o r the purpose of this subsection a subsidiary com pany is one in which the company holds, ei ther by itself
or th rough nominees or t rus t s , a p reponderance of the
vot ing power.
(4) (a) A p rop r i e to r of The Aus t ra l i an Gas
Light Company at a general or special meet ing of the company shall have the r igh t of vot ing ei ther personal ly or by p roxy in manne r following, tha t is to s ay :—
F o r every five shares or por t ion thereof held by him up to one hundred shares , one vote.
F o r every ten shares or por t ion thereof beyond the first one hundred shares up to two hundred shares , one vote.
F o r
F o r every twenty-five shares or por t ion thereof beyond the first two hundred shares up to one- four th of the total shares issued by the said company, one vote.
(b) A p ropr i e to r of the company may hold
and vote as a p roxy for any other p ropr ie to r , and may
give the same number of votes in respect thereof as such
| p ropr i e to r could have given if personally | present . |
(c) A corporat ion being a p rop r i e to r may
appoint as i ts p roxy one of its officers, though not a pro
pr ie tor of the company.
(5) The Act refer red to in subsection one of this
section as amended by subsequent Acts including this
Act may be cited as the Aus t ra l i an Gas Light Company
| Acts , | 1837-1935. |
P A R T V. ELECTRICITY SUPPLY.
| DIVISION 1.—Regulation of supply and use of | electricity. |
3 5 . The Local Government Act, 1919, as amended by subsequent Acts , is amended—
(a)
by inser t ing in P a r t X X I I I next af ter Division 2 the following new Divis ions:—
DIVISION 2A.—Regulation of electricity supply and of electric wires, cables, appliances, meters,
fittings, insulators, apparatus, and materials.
512A. (1) The Governor may by proclamation published in the Gazette prescr ibe any class, description, or type of wire, cable, appliance, fitting, meter , insulator , a p p a r a t u s or mater ia l , intended, suggested or designed for use in or for purposes of or for connection to any electrical instal lat ion, which shall not after a date speci fied in such proclamat ion be sold, h i red or ex posed for sale or hire or adver t i sed for sale or h i re in any a rea unless such type, description, or class of wire, cable, appliance, fitting, meter , insulator , a p p a r a t u s or mater ia l has been ap
proved of by the prescr ibed author i ty . (2)
(2) Any person who in any area, after the da te so specified, sells, h i res or exposes for sale or hire or adver t i ses for sale or hire or causes to be sold or hi red or exposed or adver t ised for sale or h i re any wire, cable appliance, fitting, meter , insulator , a p p a r a t u s or mater ia l of the class, descript ion or type prescr ibed in such proclamat ion shall, unless such type, de script ion or class of wire, cable, appliance, fit t ing, meter , insula tor , a p p a r a t u s or mate r ia l has been approved of by the prescr ibed autho r i ty , be gui l ty of an offence aga ins t this Act.
(3) F o r the puposes of this section the ordinances made in tha t behalf may provide for approva l of a type, descript ion or class of electric wire or cable or electrical appliance, fitting, meter , insulator , a p p a r a t u s or ma te r i a l being signified by approva l of a sample thereof or by any other means whatsoever .
(u) by omitting section forty-seven;
(v) by omitting the Schedule;
(w) by omitting from the title the words " and for the above purposes to raise by debentures the sum of two hundred and fifty thousand pounds."
SCHEDULE FIVE.
Sections eighty-four, eighty-five, and eighty-seven.
Sections one hundred to one hundred and five both inclusive.Sections one hundred and eight and one hundred and ten and one
hundred and eleven.
Section one hundred and twenty and sections one hundred and thirty-two to one hundred and sixty-five both inclusive.
Sections one hundred and seventy-three to two hundred both inclusive.
Sections three hundred and eighty-three and three hundred and eighty-four.
Section five hundred and six.
Sections five hundred and sixteen, five hundred and seventeen,
517A, five hundred and eighteen, five hundred and nineteen, five
hundred and twenty and five hundred and twenty-one.
Section five hundred and twenty-four. Section five hundred and twenty-eight.
Section five hundred and twenty-nine. Section five hundred and thirty.
Sections five hundred and thirty-one to five hundred and thirty
sis both inclusive.
S U P P L Y
0
0
0