Municipal Council of Sydney Electric Lighting (Amendment) Act 1920 (NSW)

MUNICIPAL COUNCIL OF SYDNEY

ELECTRIC LIGHTING (AMEND­

MENT) ACT.

Act No. 22, 1920.

A n Act to provide for the variation of certain

agreements made by the Municipal Council

of Sydney with regard to the supply of elec­

tricity ; to authorise the Council in certain cases to make charges in excess of the charges
specified in the said agreements ; to amend
the Municipal Council of Sydney Electric Light ing A c t ; and for purposes connected

therewith.	[Assented to, 23rd December,
1920.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of
the same, as follows :—

1 .    This Act may be cited as the "Municipal Council

of Sydney Electric Lighting (Amendment) Act, 1920," and shall be construed with the Municipal Council of

Sydney Electric Lighting Act.

2 . Notwithstanding the terms of any agreement

heretofore made by the council with the council of a
municipality or shire for the supply of electricity for any purpose, the council shall be entitled to charge for
electricity supplied under the said agreements an amount
to be determined under the provisions of this Act.
I f at any time after the first day of December, one thousand nine hundred and twenty, the cost to the council of the generation and supply of electricity has increased to the extent of at least Id. (one-tenth of a

3 .

F penny)

penny) per unit (kilo-watt hour) above the average cost
to the council of such generation and supply in the year one thousand nine hundred and fifteen, the city treasurer shall so certify in writing to Minister.

4 . Upon receipt of such certificate the Minister shall cause an inquiry to he held by a Supreme Court
judge at which the Minister, the council, and the
councils of the municipalities and shires who are parties to the said agreements may be represented and may tender evidence.

5 . The judge holding the inquiry shall determine and certify to the Minister whether the cost to the council of the generation and supply of electricity has so increased, and, if so, by what amount, and also such cost, per unit (kilo-watt hour), at the time of the said inquiry.

6 . In ascertaining the amount, if any, by which the cost to the council of the generation and supply of
electricity has so increased, the judge holding the inquiry

shall take into consideration all increases or decreases in wages, freight, coal, oil, rates, and other expenses properly chargeable to revenue, and such sum as, in his opinion,

will ensure a reasonable return upon the value of the
land used by the council in connection with its electric-
lighting undertaking, and upon all moneys expended by

the council upon buildings and apparatus for the gener­
ation and supply of electricity.

The price chargeable by the council for electricity supplied under the said agreements shall he increased

7 .

by 'Id. (one-tenth of a penny) per unit (kilo-watt hour) for every 'Id. (one-tenth of a penny) by which the judge

the council of the generation and supply of electricity	shall certify that the cost per unit (kilo-watt hour) to
has so increased. Such increased price so chargeable
by the council shall be stated in a proclamation by the Governor to be published in the Gazette, and upon such
publication the price so stated shall be substituted for the price specified in the said agreements as mentioned in the said proclamation.
8 . Where the price chargeable by the council under the said agreements has been so increased the Minister may cause a further inquiry to be held,

and

and if the judge holding such further inquiry certifies to the Minister that since the date of the said proclamation there has been a reduction in the cost to the council of the generation and supply of electricity

of at least 'Id. (one-tenth of a penny) per unit (kilo­
watt hour) and that such reduction in cost has been continued during the period of one year preceding the holding of such further inquiry, the price charge­ able by the council for electricity supplied under the said agreements shall be reduced by "Id, (one-tenth of a penny) per unit (kilo-watt hour) for every 'Id. (one-tenth of a penny) by which the judge certifies that the cost per unit (kilo-watt hour) to the council at the date of such further inquiry of the generation and supply of electricity is less than such cost as determined at the previous inquiry.
9 . The reduced price chargeable by the council shall be stated in a proclamation by the Governor published in the Gazette, and upon such publication the price so stated shall be the price chargeable under the said agreements and shall be substituted for the price as stated in the previous proclamation.
1 0 . Where the price chargeable by the council has been so increased or reduced, the Minister may cause a further inquiry to be held, and a further increase or reduction, as the case may be, in the price chargeable
by the council, may be made as the result of such
further inquiry.
11. The provisions of this Act, with regard to the
first-mentioned inquiry, certificates, determination, and

proclamation, shall apply, mutatis mutandis, to any

further inquiry and subsequent proclamation.

1 2 . Notwithstanding the terms of any agreement

heretofore made between the council and any person or corporation for the supply of electricity, the
council may make a minimum charge not exceeding ten shillings per quarter for electricity supplied under the said agreements.

1 3 . Notwithstanding the terms of any agreement

heretofore made between the council and any person or corporation for the hire of electric motors the
council may increase the rates for the hire of motors

specified

specified in such agreements. Such increase shall not

exceed one hundred and fifty per centum of the amount

specified in such agreements.

1 4 . Notwithstanding the terms of any agreement

heretofore made between the council and any person

or corporation for the provision of meters the council
may make a rental charge for such meters not exceeding
tenpence (l0d.) per month.

1 5 . (1) No rental charge for meters or increased charge or rate for the supply of electricity or the hire

of electric motors shall be payable to the council under

the provisions of the last three preceding sections until such rental charge or increased charge or rate has been determined by the judge upon the holding of an inquiry

in accordance with the provisions hereinbefore contained,

and the judge holding any such inquiry is hereby authorised and required to determine such rental charge
or increased charge or rate at a fair and reasonable

amount if requested by the Minister so to do.

(2) Any rental charge or increased charge or

rate so determined by the judge shall he stated in a proclamation by the Governor to be published in the

Gazette and upon such publication the rental charge or

increased charge or rate so stated shall be payable under the said agreements and the said agreements shall be

deemed to be amended accordingly.

C O N V E Y A N C I N G