Gas and Electricity (Amendment) Act 1982 (NSW)
GAS AND ELECTRICITY (AMENDMENT) ACT, 1982,
No. 72
JJeto &outf) Males
ANNO TRICESIMO PRIMO
ELIZABETHS n REGINJE
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Act No. 72, 1982.
An Act to amend the Gas and Electricity Act, 1935. [Assented to, 21st
May, 1982.]
Newcastle Gas Company Limited (Amendment) Act, 1982. See also Energy Authority (Amendment) Act, 1982; Aberdare County Council (Dissolution) Act, 1982;
Act No. 72, 1982. 2
Gas and Electricity {Amendment).
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
Short title.
This Act may be cited as the "Gas and Electricity (Amendment) Act,
1982".
Commencement.
2. (1) This section, sections 1 and 6 and Schedule 4 (other than
Schedule 4 (36) (d)) shall commence on the date of assent to this Act.
(2) Section 5, in its application to a provision of Schedule 1, 2, 3 or 4, shall commence or be deemed to have commenced on the day on which that provision commences or is deemed to have commenced, as the case may require.
(3) Schedule 2 shall commence on the prescribed day within the meaning of section 3 of the Aberdare County Council (Dissolution) Act. 1982.
(4) Schedule 3 shall commence on the day appointed and notified
under section 2 (3) of the Newcastle Gas Company Limited (Amendment)
Act, 1982.
(5) Schedule 4 (36) (d) shall be deemed to have commenced on 11th
April, 1935.
(6) Except as provided in this section, the several provisions of this Act shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Act No. 72, 1982.
Gas and Electricity {Amendment).
Principal Act.
3. The Gas and Electricity Act, 1935, is referred to in this Act as the
Principal Act.
Schedules.
4. This Act contains the following Schedules:—
SCHEDULE 1.—AMENDMENTS TO THE PRINCIPAL ACT.
SCHEDULE 2.—AMENDMENT TO THE PRINCIPAL ACT RELATING TO
THE ABERDARE COUNTY COUNCIL.
SCHEDULE 3.—AMENDMENTS TO THE PRINCIPAL ACT RELATING TO
THE NEWCASTLE GAS COMPANY LIMITED.
SCHEDULE 4.—AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION.
Amendment of Act No. 42, 1935.
5. The Principal Act is amended in the manner set forth in Schedules
1-4.
Validation of certain dividends.
6. A dividend declared by The Australian Gas Light Company at any
time in 1981 or at any time in 1982 prior to 2nd March, 1982, is hereby
validated.
Act No. 72, 1982. 4
Gas and Electricity {Amendment). SCHEDULE 1.
(Sec. 5.)
AMENDMENTS TO THE PRINCIPAL ACT.
(1) (a) Section 1 (3 )—
From the matter relating to Part III, omit "22A" where firstly
occurring, insert instead " 2 2 F " .
(b) Section 1 (3 )—
After the matter relating to Division 2 of Part III, insert:—
DIVISION 3.—Natural Gas Development Support Account—
ss. 2 2 B - 2 2 F .
(2) (a) Section 3, definition of "Standard price" or "standard prices"— Omit "first-mentioned order.", insert instead "first-mentioned order;".
(b) Section 3, definitions of "Standard rate of dividend",
insert:—
"Subsidiary"—
"Standard rate of dividend" means—
(a) except where an approval of the Minister under section 6 (2) has effect—
(i) in relation to the ordinary share capital of a gas company, the rate specified in section 6 (1) (a) ; and
(ii) in relation to the preference capital of a gas company, the rate specified in section 6 (1) (b) ; and
(b)
where an approval of the Minister under section 6 (2) has effect—the increased rate approved in accordance with that subsection;
11952A-27
5 Act No. 72, 1982.
Gas and Electricity {Amendment).
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
"Subsidiary", in relation to a gas company, has the meaning ascribed thereto in section 6 of the Companies Act, 1961, but does not include a company specified from time to time by the Minister.
(3) Section 6 (1) , ( I A A ) — Omit section 6 ( 1 ) , insert instead:—
The profits of a gas company available for distribution by way of dividend among the holders of its share capital in any year shall not, except as hereinafter provided, exceed the following rates, that is to say—
(1)
(a) on the ordinary share capital of the company—in respect of every $100 actually paid up or issued as paid up of that
capital, a rate being $2 above—(i) where, during the period of 4 months preceding 1st March in the year commencing 1st January in which the dividend is declared, Commonwealth Treasury Bonds were, or Commonwealth Inscribed Stock was, first issued for public subscription—the initial rate of
yield on that issue or, where there was more than one such first issue during that 4 month period, the initial rate of yield on the issue that had the longer or long- est period to maturity at the date of first issue; or (ii) where, during the period of 4 months preceding 1st March in the year commencing 1st January in which the dividend is declared, there was no first issue of Commonwealth Treasury Bonds or Commonwealth Inscribed Stock for public subscription—the initial rate of yield on the first issue most recently made before that 4 month period; and
Act No. 72, 1982.
Gas and Electricity {Amendment). SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) on the preference capital of the company-—in respect of every $100 actually paid up or issued as paid up of that capital, a
rate of $5.50.( I A A ) Nothing in subsection (1) prevents a gas company which
is involved in the exploration, development and bulk carriage of natural gas and which is prescribed for the purposes of this subsection from increasing, after such date as has been notified in the Gazette by the Minister in relation to the company, the rate of dividend determined in accordance with section 6 (1) on the ordinary share capital of the company to a rate which is—
(a) a maximum of 1.3 times the initial rate of yield determined in accordance with subsection (1) (a) (i) or (ii); and
(b) not more than $3 above the initial rate of yield determined in accordance with subsection (1) (a) (i) or (ii).
(4) Section 10A—
Arter section 10, insert:—
Variation of certain financial arrangements. 10A. (1) The Minister may, at the request of a gas company, by
notice published in the Gazette—
(a)
vary or dispense with, in relation to that company, any requirement or other provision of section 7, 8 or 10 in respect of such circumstances, if any, and subject to such conditions, if any, as are specified in the notice; and
7 Act No. 72, 1982.
Gas and Electricity {Amendment).
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) approve the transfer, expenditure or setting apart of money (other than money to which section 7, 8 or 10 applies) from the revenue of the company to any reserve, fund or account and specify the objects for which, the circumstances in which and the conditions subject to which that money may be transferred, expended, set apart or otherwise dealt with. (2) The Minister may, where he has given not less than 1 year's notice in writing to a gas company in relation to which a notice under subsection (1) is in force, by notice published in the Gazette, revoke the notice under subsection (1).
(3) A notice under subsection (1) or (2) which is published
in the Gazette shall have effect on and from the date of its publication
in the Gazette or a later date specified in the notice.(4) A gas company in relation to which a notice under subsection (1) is in force shall not contravene the notice.
(5) (a) Section 11 (1)—
Omit "in this Part", insert instead "by or under this Part,". (b) Section 11 (3)—
Before "this Part", insert "or under".
(c) Section 11 (4)—
Omit "two hundred dollars", insert instead "$1,000".
(d) Section 11 (4)—
Omit "one hundred dollars", insert instead "$200".
Act No. 72, 1982. 8
Gas and Electricity (Amendment). SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
| (6) | (a) | Section 12 (2A)— |
| After section 12 (2), insert:— |
(2A) In making an inquiry in relation to a gas company, the board shall take into consideration—
(a) the dividends paid or payable by the company; (b) the terms of any notice published under section 10A and in force in respect of the company;
(c) the terms of any approval granted by and any conditions imposed by the Minister under section 20A (1) in
respect of the company;(d) the amount paid or payable by the company under
section 2 2 E ; (e) any other matter which the company is authorised or required to do by or under this Act or the regulations made under this Act and which, in the opinion of the board, is relevant to the subject-matter of the inquiry; and
(f) any matter referred to the board by the Minister.
(b) Section 12 (4) (b)— After "company" where thirdly occurring, insert "and each subsidiary of the company".
(7) (a) Section 13 C D -
Omit "shall be subject", insert instead "or a prescribed gas company shall be subject".
9 Act No. 72, 1982.
Gas and Electricity {Amendment). SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) Section 13 ( 1 A ) — Omit "any of the three companies mentioned in subsection (1)", insert instead "a company to which this section applies".
(8) Section 1 3 A — Omit "shall", insert instead "and a prescribed gas company shall".
(9) (a) Section 14 ( l ) ( a )— Omit "referred to in section 6".
(b) Section 14 (2A) — After section 14 (2), insert:—
(2A) In making an inquiry in relation to a gas company, the board shall take into consideration—
(a) the dividends paid or payable by the company;
(b) the terms of any approval granted by and any conditions imposed by the Minister under section 20A (1) in
respect of the company;(c) the amount paid or payable by the company under
section 2 2 E ; (d) any other matter which the company is authorised or required to do by or under this Act or the regulations made under this Act and which, in the opinion of the board, is relevant to the subject-matter of the inquiry; and (e) any matter referred to the board by the Minister.
Act No. 72, 1982. 10
Gas and Electricity {Amendment). SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(c) Section 14 (3)—
After "concerned", insert "and each subsidiary of the company".
(d) Section 14 (6)—
Omit "referred to in section 6", insert instead "of dividend".
(10) Section 14A—
After section 14, insert:—
Standard price or prices for gas—Albury.
14A. (1) Except as provided by subsection (2), nothing in this Part prevents The Albury Gas Company Limited, while it is a sub- sidiary of the Gas and Fuel Corporation of Victoria, from increasing the standard price or prices for gas supplied by the Company by meter so that the standard price or prices does or do not exceed the price or prices for gas supplied by the Gas and Fuel Corporation of Victoria by meter in the metropolitan area of Melbourne in the State of Victoria.
(2) An increase made by The Albury Gas Company
Limited under subsection (1) has no effect until the Company has notified the Minister, in writing, of the increase.
| (11) | (a) Section 16 ( 2 A ) — |
After section 16 (2), insert:—
(2A) In making an inquiry in relation to a gas company, the board shall take into consideration—
(a) the dividends paid or payable by the company;
11 Act No. 72, 1982.
Gas and Electricity {Amendment). SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) the terms of any approval granted by the Minister under section 20A (1) and any conditions imposed by the Minister under section 20A (1) or ( I A ) in respect of the company; (c) the amount paid or payable by the company under
section 2 2 E ; (d) any other matter which the company is authorised or required to do by or under this Act or the regulations made under this Act and which, in the opinion of the board, is relevant to the subject-matter of the inquiry; and
(e) any matter referred to the board by the Minister.
(b) Section 16 (3) (b) —
After "company" where thirdly occurring, insert "and each subsidiary of the company".
(12) (a) Section 17 (1)— After "accounts" where firstly occurring, insert "of the com- pany and each subsidiary of the company".
(b) Section 17 (1) —
After "the company" where secondly occurring, insert "or subsidiary, as the case may be,".
Act No. 72, 1982. 12
Gas and Electricity (Amendment). SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(c) Section 17 (1A) —
After section 17 (1), insert:—
(1A) A gas company (other than a local authority) shall forward to the Minister, on or before 30th April in each year, an annual summary, in the prescribed form, of the operations of the company and each subsidiary of the company.
(d) Section 17 (2)—
After "statement", insert "and annual summary".
(e) Section 17 (2)—
Omit "ten cents", "insert insssad "$1".
(13) Section 18 (4 )—
After section 18 (3), insert:—
(4) In this section, a reference to a gas company includes a
reference to a subsidiary of the company.
| (14) | Section I S A - |
After section 18, insert:—
Forwarding of information, etc., to Minister.
18A. (1) A gas company (other than a local authority) shall, after receipt of a request in writing from the Minister, forward to the Minister, in accordance with the request, such information or
13 Act No. 72, 1982.
Gas and Electricity {Amendment). SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
such records or documents, or copies of or extracts from such records or documents, as is or are required to be kept by the company by or under this Act or such other information as may be specified in the request relating to the operations of the company.
(2) A person shall not disclose any information obtained in connection with the administration or execution of this section unless that disclosure is made—
(a) with the consent of the person from whom the information was obtained; (b) in connection with the administration or execution of this Act;
(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings;
(d) in accordance with a requirement imposed under the Ombudsman Act, 1974; or
(e) with other lawful excuse.
(15) (a) Section 20A (1 )—
Omit "after the expiration of a period of six months after the commencement of the Gas and Electricity (Amendment) Act,
1967,".
(b) Section 20A ( 1 A ) , ( 1 B ) — After section 20A (1) , insert:—
(1A) A gas company (being a local authority) shall not—
(a)
establish or acquire a trading undertaking referred to in section 418 (1) (b) or (1) of the Local Government Act, 1919;
Act No. 72, 1982. 14 Gas and Electricity (Amendment). SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(b) enter into an agreement to supply or take a supply of gas in bulk to or from any person; or (c) grant or renew permission to any person to supply gas to the public within its area, except with the approval in writing of the Minister and in accordance with any conditions to which any such approval is from time to time subject.
( 1 B ) Without limiting the generality of subsection (1) or
( 1 A ) , the conditions imposed by the Minister under those sub-
sections may include conditions—
(a)
restricting the supply or distribution of gas to a region or an area specified by the Minister;
(b)
requiring the supply of gas throughout the whole or a specified part of a region or an area referred to in paragraph (a) ; and
(c)
requiring the price at which gas is supplied to a person in a region or an area—•
(i) to have a specified form and basis;
(ii) to be adopted in accordance with a specified
method; and (iii) to be the same as that at which gas is supplied in similar circumstances to any other person in the region or area or to other persons in such other regions or areas as may be specified by the Minister.
(c) Section 20A (2)—
After "subsection (1)", insert "or ( 1 A ) " .
15 Act No. 72, 1982.
Gas and Electricity (Amendment). SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(d) Section 20A ( 4 A ) — After section 20A (4) , insert:—
(4A) Notification of the terms of an approval granted under this section, the conditions to which any such approval is subject and the variation, revocation or adding to of any such approval shall be published in the Gazette.
(e) Section 20A (5)—
After "subsection (1)", insert "or ( 1 A ) " .
(16) Section 2 0 B — After section 20A, insert:—
Certain agreements unlawful.
20B. A person shall not enter into an agreement with another gas
company which is inconsistent with the terms of an approval granted under section 20A or with any conditions to which any such approval is subject, being an approval granted in respect of either of those companies.
(17) Section 2 1 — Omit the section. (18) Part III, Division 3—
After Division 2, insert:—
DIVISION 3.—Natural Gas Development Support Account.
Interpretation: Pt. Ill, Div. 3.
22B. In this Division—•
"Account" means the Natural Gas Development Support
Act No. 72, 1982. 16
Gas and Electricity (Amendment). SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
Natural Gas Development Support Account.
22c. There shall be established in the Special Deposits Account in the Treasury a Natural Gas Development Support Account.
Payments into the Account.
22D. There shall be paid into the Account amounts received by
the Authority pursuant to section 22E .
Determination, etc., of amounts to be paid for development support.
22E . (1) In this section—
"gas company" means a gas company which is prescribed for the purposes of this section, but does not include the Albury Gas Company Limited while it is a subsidiary of the Gas
and Fuel Corporation of Victoria;
"year", in relation to a gas company, means the year ending 30th June next occurring not less than 12 months after the day on which the gas company is prescribed for the pur- poses of this section, and each succeeding year ending 30th June.
(2) A gas company shall, within 2 months after the expira- tion of each year, or in accordance with such other agreement as may be entered into between the company and the Authority, pay to the Authority such amount, if any, determined in accordance with the following formula:—
CB
A = k (D ) 100
where—
A is the amount to be paid to the Authority;
17 Act No. 72, 1982.
Gas and Electricity (Amendment).
SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
B is—
(a)
where, during the period of 4 months preceding 1st March in the year in respect of which the amount is to be paid to the Authority, Commonwealth Treasury Bonds were, or Commonwealth Inscribed Stock was, first issued for public subscription—the initial rate of yield on that issue or, where there was more than one such first issue during that 4 month period, the initial rate of yield on the issue that had the longer or longest period to maturity at the date of first issue; or
(b)
where, during the period of 4 months preceding 1st March in the year in respect of which the amount is to be paid to the Authority, there was no first issue of Commonwealth Treasury Bonds or Commonwealth In- scribed Stock for public subscription—the initial rate of yield on the first issue most recently made before that 4 month period;
C is the amount of the ordinary share capital of the company as
at 1st July in that year;
D is the total amount distributed or liable to be distributed to
shareholders of the company during that year; and
k is 1.852 or such other number as may be prescribed.
(3) The Minister may, by notice in writing given to a gas
company before the expiration of a year, require the company to
furnish a return to him, in a form determined by the Minister, within2 months after the expiration of the year, as to any of the matters
referred to in subsection (2).
(4) On receipt of an amount payable under subsection (2),
the Authority shall pay the amount into the Account.
(5) The Authority may recover an amount due and payable
under subsection (2) as a debt in any court of competent jurisdiction.
Act No. 72, 1982. 18
Gas and Electricity {Amendment).
SCHEDULE 1—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(6) The directors of a gas company may, if they think fit, in any year, charge against the revenue of the company as part of the expenditure on revenue account, any sum not exceeding the amount payable under subsection (2) in the following year and any sum so charged shall be applied in payment of that amount.
Payments out of the Account.
2 2 F . (1) There may be paid out of the Account, with the
approval of the Minister, a grant or grants to a gas company for or towards the cost of reducing the charges payable for gas (whether natural gas or otherwise) supplied by the company.
(2) Before approving the payment of a grant under sub- section (1), the Minister may require a gas company to enter into an agreement with the Authority to secure the carrying out of the purposes for which, and the terms and conditions upon and subject to which, the payment of the grant is made.
(19) Section 83 C D -
Omit "exceeding one hundred dollars.", insert instead:— exceeding—
(a) in the case of a person other than a corporation—$500; and (b) in the case of a corporation—$2,000.
(20) (a) Section 85 (1) (h)— Omit "examiners.", insert instead "examiners;".
(b) Section 85 (1) ( i ) - (m)— After section 85 (1) (h), insert:—
(i) for or with respect to the recording and compilation of
such information and the keeping of such books and records (including accounts and financial records) as
19 Act No. 72, 1982.
Gas and Electricity (Amendment).
SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
may be prescribed by gas companies and their sub- sidiaries, the particulars to be entered in and the manner of keeping those books and records;
(j) prescribing the furnishing of information, particulars, returns and statistics by gas companies and their sub- sidiaries, the time and mode of furnishing and the manner of verification of that information and those particulars, returns and statistics; (k) prescribing the form and basis of charging for gas (other- wise than for gas sold or supplied in bulk) and the methods to be adopted in fixing those charges and pre- scribing times for revising those charges; (1) prescribing the terms and conditions under which gas (other than gas supplied in bulk) is to be supplied by gas companies; and
(m)
prescribing the fees and charges to be charged by a gas company for the supply, connection, inspection, testing and repair of a consumer's gas installation.
(c) Section 85 ( 1 A ) — After section 85 (1), insert:—
(1A) A provision of a regulation may— (a)
apply generally or be limited in its application by reference to specified exceptions or factors;
(b)
apply differently according to different factors of a specified kind; or
(c)
authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
Act No. 72, 1982. 20
Gas and Electricity {Amendment). SCHEDULE I—continued.
AMENDMENTS TO THE PRINCIPAL ACT—continued.
(d) Section 85 (2)—
Omit the subsection, insert instead:—-
(2) The regulations may impose a penalty not exceeding—
(a)
except as provided by subsection ( 2 A ) , in the case of a person other than a corporation—$500; and
(b) in the case of a corporation—$2,000.
SCHEDULE 2.
(Sec. 5.)
AMENDMENT TO THE PRINCIPAL ACT RELATING TO THE
ABERDARE COUNTY COUNCIL.
Schedule 7—
Omit "Aberdare County Council.".
SCHEDULE 3.
(Sec. 5.)
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO THE
NEWCASTLE GAS COMPANY LIMITED.
(1) Section 13 ( 1 ) -
Omit "Newcastle Gas Company Limited", insert instead "Hunter
Valley Gas Company Limited".
| (2) | Section 1 3 A — |
Omit "Newcastle Gas ConiDany Limited", insert instead "Hunter
Valley Gas Company Limited".21 Act No. 72, 1982.
Gas and Electricity {Amendment). SCHEDULE 3—continued.
AMENDMENTS TO THE PRINCIPAL ACT RELATING TO THE
NEWCASTLE GAS COMPANY LIMITED—continued.
(3) Schedule 1- Omit "Newcastle Gas Company Limited", insert instead "Hunter
Valley Gas Company Limited".
(4) Schedule 7-
Omit "Newcastle Gas Company Limited", insert instead "Hunter
Valley Gas Company Limited".
SCHEDULE 4.
(Sec. 5.)
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION.
(1) Long title—
Omit "the Sydney Corporation Act, 1932-1934,".
(2) (a) Section 1 (3)—
From the matter relating to Part VI, omit "80" where firstly occurring, insert instead "79".
(b) Section 1 (3)—
Omit the matter relating to Division 7 of Part VI.
(c) Section 1 (3 )—
Omit the matter relating to Part X.
Act No. 72, 1982. 22
Gas and Electricity (Amendment). SCHEDULE 4—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(3) Section 2 (3)—
Omit ", as amended by subsequent Acts".
| (4) | Section 2 A — |
Omit the section.
(5) Section 3, definitions of "Part", "Prescribed", "Schedule"—
Omit the definitions.
(6) Section4 (3) , (5 )—
Omit the subsections.
(7) Section 5 (4) , (5 )—
Omit "—1934" wherever occurring.
(8) Section 9—
Omit the section.
| (9) | (a) Section 12 (2) (c) ( i )— |
Omit "subparagraph (i) of paragraph (b)", insert instead
"paragraph (b) ( i ) ' \
(b) Section 12 (2) (c) (i i)—
Omit "subparagraph (ii) of paragraph (b)", insert instead
"paragraph (b) (ii)".23 Act No. 72, 1982.
Gas and Electricity {Amendment). SCHEDULE A—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(10) (a) Section 13 C D -
Omit ", or the City of Newcastle Gas and Coke Company (Limited), ", insert instead "or the Newcastle Gas Company Limited".
(b) Section 13 (1) (d )— Omit "two hundred dollars", insert instead "$200".
(c) Section 13 ( 1 A ) — Omit "subsection (1A) of section 6", insert instead "section 6
( 1 A ) " .
(11) Section 13A—
Omit "The City of Newcastle Gas and Coke Company (Limited)", insert instead "the Newcastle Gas Company Limited".
(12) (a) Section 14 (1) ( a )— Omit "subparagraphs (i), (ii) and (iii) of paragraph (a) of
(b) Section 14 (2)— subsection (2) of section 12", insert instead "section 12 (2) (a) (i), (ii) and (iii)". Omit "paragraph (a) of subsection (1)", insert instead "sub- section (1) (a)".
(c) Section 14 (2)—
Omit "paragraph (c) of that subsection", insert instead "sub- section (1) (c)".
Act No. 72, 1982. 24
Gas and Electricity {Amendment). SCHEDULE 4—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(13) Section 16 C D -
Omit "rates and/or charges", insert instead "rates and charges or rates or charges".
(14) (a) Section 17 (1 )—
Omit "the thirtieth day of April", insert instead "30th April".
(b) Section 17 (1 )—
Omit "the thirty-first day of December", insert instead "30th
December".
(c) Section 17 (3)—
Omit "four dollars", insert instead "$4".
(15) (a) Section 18 (1 )—
Omit "as amended by subsequent Acts,".
(b) Section 18 (3 )—
Omit "forty dollars" wherever occurring, insert instead "$40".
| (16) | (a) Section 20 (1) (b )— |
Omit "said".
(b) Section 20 (1) (c )—
Omit "two hundred dollars", insert instead "$200".
(c) Section 20 ( 1 A ) — Omit "paragraph (b) of subsection (1)", insert instead "sub- section (1) (b) ' \
25 Act No. 72, 1982.
Gas and Electricity {Amendment).
SCHEDULE 4—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(d) Section 20 ( 1 A ) — Omit "that paragraph", insert instead "subsection (1) (b)".
(17) (a) Section 20A (5) —
Omit "five hundred dollars", insert instead "$500".
(b) Section 20A (7)—
Omit "one thousand dollars", insert instead "$1,000".
(18) (a) Section 22 (1) (a )— Omit "the purchase of the assets and undertaking of a gas company by another such company and/or for the joint working and/or for the amalgamation of any gas companies", insert instead:—
any one or more of the following:—
(i) the purchase of the assets and undertaking of a gas
company by another gas company;
(ii) the joint working of any gas companies;
(iii) the amalgamation of any gas companies,
(b) Section 22 (2) —
Omit "paragraph (b) or paragraph (c) of subsection (1)", insert instead "subsection (1) (b) or (c)".
(c) Section 22 (2)—
Omit "either of the said paragraphs", insert instead "subsection
(1) (b) or (c)".
Act No. 72, 1982. 26
Gas and Electricity {Amendment). SCHEDULE A—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
| (19) | (a) Section 2 2 A — |
Omit "(1)" , insert instead "(a)" .
(b) Section 2 2 A — Omit "(a)" , insert instead "(i)" .
(c) Section 2 2 A — Omit "(b)", insert instead "(ii)".
(d) Section 2 2 A — Omit "(2)" , insert instead "(b)".
(20) (a) Section 24 (1) —
Omit "twenty dollars", insert instead "$20".
(b) Section 24 (1 )—
Omit "fifty dollars", insert instead "$50".
(c) Section 24 (1)—
Omit "two hundred dollars", insert instead "$200".
(d) Section 24 (2) , ( 2 A ) , (3 )— Omit "one hundred dollars" wherever occurring, insert instead
"$100".
(21) (a) Section 25 (1)—
Omit the subsection, insert instead:—•
(1) Such gas examiners as may be necessary for the pur-
27 Act No. 72, 1982.
Gas and Electricity (Amendment).
SCHEDULE 4—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(b) Section 25 (4)—
Omit "one hundred dollars", insert instead "$100".
(22) Section 27 (3)—
Omit "one hundred dollars", insert instead "$100".
(23) (a) Section 28 (1 )—
Omit "twenty", insert instead "20".
(b) Section 28 (1)—
Omit "forty-five", insert instead "45".
(c) Section 28 (1)—
Omit "twelve", insert instead "12".
(d) Section 28 (2)—
Omit "the said notice", insert instead "the notice referred to in subsection (1)".
(e) Section 28 (2 )— Omit "four dollars", insert instead "$4".
(f) Section 28 (3)—
Omit "ten", insert instead "10".
(24) Section 29 (2)—
Omit "ten dollars", insert instead "$10".
Act No. 72, 1982. 28
Gas and Electricity (Amendment). SCHEDULE 4—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(25) (a) Section 30 (1)—
Omit "one hundred dollars", insert instead "$100".
(b) Section 30 (1)—
Omit "twelve", insert instead "12".(c) Section 30 (1) —
Omit "fifty dollars", insert instead "$50".
(26) Section 33—
Omit "said".
(27) (a) Section 34 (1) —
Omit "as amended by subsequent Acts,".
(b) Section 34 (2) —
Omit "the said Act", insert instead "the Act first referred to in subsection (1)".
(c) Section 34 (2)—
Omit "the said company", insert instead "The Australian Gas
Light Company".
(d) Section 34 (4) (a) —
Omit "said".
29 Act No. 72, 1982.
Gas and Electricity {Amendment).
SCHEDULE A—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(e) Section 34 (5)—
Omit the subsection, insert instead:—
(5) The Act first referred to in subsection (1) may be cited as the "Australian Gas Light Company Act, 1837".
(28) (a) Section 38 (1)—
Omit ", as amended by subsequent Acts".
(b) Section 38 (2) —
Omit "as so amended".
(29) Section 39 (1) —
Omit "the said Part XXIX", insert instead "Part XXIX of the
Principal Act".
(30) Section 40 (4) ( a )—
Omit "subsections (2) and (3) of section 47", insert instead "section
47 (2) and (3)".
(31) Section 45 (2)—
Omit "paragraph (a) of section 2", insert instead "section 2 (a)".
(32) (a) Section 47 (1)—
Omit "-1928".
Act No. 72, 1982. 30
Gas and Electricity {Amendment). SCHEDULE A—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(b) Section 47 (1)—
Omit "The appointed day shall be not later than six months after the day appointed in pursuance of section 41 for the constitution of the Sydney County Council.".
(c) Section 47 ( 2 ) - ( 4 ) —
Omit the subsections.
(33) (a) Section 48—
Omit "said" where firstly occurring.
(b) Section 48 (b ) - (h ) —
Omit the paragraphs.
(34) Sections 49, 50—
Omit the sections.
(35) (a) Section 51 (1)—
Omit "-1928, as amended by this Act",
(b) Section 51 ( 1 A ) , (2) — Omit the subsections.
(36) (a) Section 52 (3) —
Omit "said".
(b) Section 52 (3)—
Omit "as amended by subsequent Acts,".
31 Act No. 72, 1982.
Gas and Electricity (Amendment).
SCHEDULE 4—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(c) Section 52 (3)—
Omit "section one hundred and seventy-one", insert instead
"section 171".
(d) Section 52 (3)—
From the matter to be inserted at the end of section 171 of the Local Government Act, 1919, omit "(2)", insert instead "(6)" .
(37) Section 53—
Omit "-1928".
(38) (a) Section 54 (1)—
Omit "said".
(b) Section 54 (1) —
Omit "-1928".
(c) Section 54 (1 )—
Omit "Four to this Act", insert instead "4".
(d) Section 54 (2)—
Omit the subsection.
(39) (a) Section 55 (1)—
Omit "-1928".
(b) Section 55 (3) —
Omit "and/or", insert instead "or".
Act No. 72, 1982. 32
Gas and Electricity (Amendment). SCHEDULE 4—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(c) Section 55 (4) (a )—
Omit "Municipal Council of Sydney", insert instead "Council of the City of Sydney".
(40) (a) Section 55A (3) —
Omit "-1938".
(b) Section 55A (4) (a )—
Omit "—1938, or any Act replacing the said Act".
(c) Section 55A (4) (b) —
Omit "of the Parliament of New South Wales".
| (41) | Section 5 5 B — |
Omit "(1)" .
| (42) | (a) Section 5 5 F (1 )— |
Omit "Local Government Act. 1919. as amended by subsequent
Acts,", insert instead "Principal Act".
(b) Section 5 5 F (2)— Omit "the said section 654". insert instead "section 654 of the
Principal Act".
(43) (a) Section 56 (1) (k)—
Omit "1912. or any amendment thereof.", insert instead "1940,".
(b) Section 56 (1) (r) —
Omit the paragraph.33 Act No. 72, 1982.
Gas and Electricity (Amendment). SCHEDULE 4—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(44) Section 59—
Omit the section.
(45) Section 66 (4 )—
Omit "ten", insert instead "10".
(46) Section 72 (2 )—
Omit "subsection (2) of section 47", insert instead "section 47 (2)".
(47) (a) Section 73 (1 )—
Omit "the thirtieth day of June", insert instead "30th June".
(b) Section 73 (1 )—
Omit "the thirty-first day of December", insert instead "31st
December".
(c) Section 73 (1)—
Omit "the said thirty-first day of December", insert instead "that
31st December".
(d) Section 73 (1)— Omit "said" where secondly and thirdly occurring.
(48) (a) Section 74 (1) (b)—
Omit "and Acts amending the same".
(b) Section 74 (3)—
Omit "said".
Act No. 72, 1982. 34
Gas and Electricity {Amendment). SCHEDULE A—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(c) Section 74 (3) —
Omit "ten dollars", insert instead "$10".
(49) (a) Section 75 (1 )—
Omit "subsection (1) of section 74", insert instead "section 74
(1)".
(b) Section 75 (8)—
Omit "for the Metropolitan District".
(c) Section 75 (8 )—
Omit "one thousand dollars", insert instead "$1,000".
(d) Section 75 (9)—
Omit "do", insert instead "does".
(50) (a) Section 77 (2)—
Omit "twelve", insert instead "12".
(b) Section 77 (2 )—
Omit "forty dollars", insert instead "$40".
| (51) | Section 82— |
Omit "as amended by subsequent Acts,".
35 Act No. 72, 1982.
Gas and Electricity (Amendment). SCHEDULE 4—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
(52) Section 85 (3)—
Omit the subsection, insert instead:—
(3) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under this Act as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.
(53) Section 86—
Omit ", as amended by subsequent Acts".
(54) Section 87 (3 )—
Omit the subsection.
(55) Schedule 7—
Omit the Schedule, insert instead:—
SCHEDULE 7.
(Sec. 20A.)
Aberdare County Council.
The Albury Gas Company Limited. Armidale City Council.
The Australian Gas Light Company.
Bathurst City Council.
Bega Valley Shire Council.
Broken Hill & Suburban Gas Coy. Limited.
Cabonne Shire Council.
Colonial Gas Holdings Limited.
Cootamundra Shire Council.
Cowra Shire Council.
Dubbo City Council.
Act No. 72, 1982. 36
Gas and Electricity (Amendment). SCHEDULE A—continued.
AMENDMENTS TO THE PRINCIPAL ACT BY WAY OF
STATUTE LAW REVISION—continued.
Glen Innes Municipal Council.
City of Goulburn Gas and Coke Company (Limited).
Grafton Lighting Coy. Limited.
Greater Lithgow City Council.
The Katoomba and Leura Gas Company Pty. Limited.
Kiama Municipal Council.
Lismore City Council.
Newcastle Gas Company Limited.
The North Shore Gas Company Limited.
Orange City Council.
Parkes Shire Council.
Shoalhaven City Council.
Singleton Gas Company Limited.
Tamworth City Council.
Wagga Wagga City Council.
Weddin Shire Council.
Wellington Shire Council.
Wollongong Gas Light Coy. Limited.Yass Shire Council.
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