State Electricity Commission Acts and Another Act Amendment Act of 1945 (9 Geo Vi No. 13) (Qld)

ELECTIONS-ELECTRICITY. 9 GEO. VI. No. 13, 1945. State Electricity Oommission, Etc., Act. (b) The following paragraphs are added thereto:- " The writ of election and such certified copy of the writ shall be transmitted to the returning officer to whom the writ is directed separately and in such a manner as to avoid as far as may be the risk of such writ and copy being lost or destroyed together." If a writ of election is lost or destroyed at any time before it is returned to the Governor or the Speaker, the copy thereof certified by the Governor or the Speaker pursuant to this section shall become and be the writ of election for all purposes of this Act, and in such event the Governor or the Speaker shall make and certify a further copy of such writ which shall be transmitted to the returning officer." 95 ELECTRICITY. (1) The State Electricity Oommission Acts and Another Act Amendment Act of 1945 (2) The Regional Electric Authorities Act of 1945 .. 9 Geo. VI. No. 13 9 Geo. VI. No. '16 An Act to Amend" The State Electricity Commission 9 GEO. VI. Acts, 1937 to 1941," and "The Electric ' rH~ Os! ! ~ E F]LECTBIOITY Light and Power Acts, 1896 to 1939," each CX~T~Is:i~ N in certain particulars, and for other purposes.. A~ ~ ~ E~ M: - ~ i ACT 01/ 1945. [AssENTED TO 5TH APRIL, 1945.] B E it enacted by the King's Most Excellent Majesty,. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART l.-PRELIMINARY • PART 1.- PRELIMINARY. 1. This Act may be cited as " The State Electric'tty Short title. Commission Acts and Another Act Amendment Act of 1945." 2. This Act is divided into Parts, as follows : - PART l.-PRELIMINARY ; Parts of Act. PART H.-AMENDMENTS OF *" THE STATE ELEC- TRICITY COMMISSION ACTS, 1937 TO 1941 " ; t" PART lH.-AMENDMENTS OF THE ELECTRIC LIGHT AND POWER ACTS, 1896 TO 1939."· * 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et Beq. t 60 V. No. 24 and amending Acts, v. 3, pp. 306 et Beq~

96 ELECTRICITY. PART II.- AHENDMENTS OF .. TIlE STATE ELEC!mIOlTY COll:!!ISSION ACTS, 1937 TO 1941." State Electricity Commission, Etc., AC't. 9 GEO. VI. No. 13, PART n.-AMENDMENTS OF "THE STATE ELEC- TRICITY COMMISSION ACTS, 1937 TO 1941." CC'nstruetion .of Part n. 3. This Part of this Act shall be read as one with *" The State Electricity Oommission Acts, 1937 to 1941," and such Acts and this Part may be cited collectively as " The State Electricity Oommission Acts, 1937 to 1945." Repeal of 4. Section fourteen of *" The State Electricity ~ 1 n 4 d . new B. Oommission Acts, 1937 to 1941," is repealed and the following section is inserted in lieu thereof, namely :- ~~ : ~ : lof "[14.] (1.) Subject to the Minister the Commission the shall administer-- (JommiliSioD. (i.) This Act; and (ii.) t"The Electric Light and Power Acts, 1896 to 1945"; and (iii.) Any other Act relating to the electricity supply industry in Queensland for the time being in force, which prescribes that the same shall be administered by the Commission or which the Governor in Council directs the Commission to administer. (2.) In addition to its powers, functions and duties as otherwise prescribed by this Act or by any other Act for the time being administered by it, the Commission shall have the following functions, powers and duties, namely:- (i.) The Commission shall plan and co-ordinate the supply of electricity throughout the State of Queensland so far as may be reasonably and economically possible; (ii.) The Commission may, when and so often as it thinks it necessary so to do, and shall, if at any time it is thereunto directed by the Minister, prepare and submit to the Minister a plan for a co-ordinatIve programme for the improvement and extension of existing under- takings, and/or for the establishment of new undertakings, and/or for the interconnection of undertakings and for the carrying out of * 1 G. 6 No. 26 and a.mending Acts, 1937 Sess. v., pp. 16505 et seq. t 60 V. No. 24 and a.mending Acts, v. 3, pp. 306 et seq.

1945. ELECTRICITY. 97 PART !I.- State Electricity Commission, Etc., A ct. AMENDMENTS OF "THE STATE ELEC'l'RlOITY a11 such other matters and t hm· gs as are COMAlCIITISSS.ION authon.sed or reqUI.red t 0 b e carned out 1937 TO 1941." under or in pursuance of any Order constitu- ting an Electric Authority. Moreover, the Commission may, and shall, if thereunto required by the Minister, prepare and submit to the Minister recom- mendations for the orderly carrying out over a period or during any particular period of any works, matters or things included in such plan; (iii.) The Commission shall carry out such functions, powers and duties with respect to electricity and the supply of electricity additional to the functions, powers and duties conferred upon it by this Act or by any other Act for the time being administered by it, as may at any time be prescribed by the Governor in Council by Order in Council, and the Governor in Council is hereby authorised and empowered to so prescribe such additional functions, duties or powers. (3.) The Commission, or any member or members of the Commission appointed by it in that behalf, may make all such investigations and reports as the Commission shall think necessary or desirable to enable it to exercise any power, function or duty conferred or imposed upon the Commission by this Act and for the purposes of any such investigation or inquiry the Com- mission or any member or members thereof so appointed shall have and may exercise all of the powers, authorities, jurisdiction and protection of a Commission within the meaning of *" The Official Inquiries Evidence Acts, 19lO to 1929." " 5. Section seventeen of t" The State Electricity Amendment Commission Acts, 1937 to 1941," is amended as follows :_ Of8. 17. (a) Paragraph (ii.) of subsection two thereof is repealed and the following paragraph is inserted in lieu thereof, namely:- "(ii.) The charges associated with the supply of electricity to public lamps to be made by and paid to an Electric Authority under * 1 G. 5 No. 26 and amending Acts, v. 3, pp. 439 et seq. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et seq. D

98 PART II.- .AJl:ENDJ[Bl{TS OF "THE STATE ELECTRICITY COMllISSION ACTS, 1937 TO 1941.' ELECTRICIT,Y. Stlkt,e Electricity Commission, Etc., Act. 9 GEO. VI. No. 13, any contract or agreement proposed to be made after the passing of *" The State Electricity Oommission Acts and Another Act Amendment Act of 1945." , (b) Subsection four thereof is repealed and the following subsectionis inserted in lieu thereof, namely:- "(4.) The Commission, in accordance with the result of any investigation or investigations made by it may, at its discretion, make a determination fixing the charges associated with the supply of electricity to public lamps to be made by and paid to an Electric Authority in respect of all electricity supplied to public lamps by such Electric Authority under any contract or agreement proposed to be made after the passing of *" The State Electricity Oommission Acts and Another Act Amendment Act of 1945," and such Electric Authority, in accordance with such deter- mination and from the date fixed and in accordance with the mode specified therein, shall make and be entitled to be paid in respect of electricity supplied by it to public lamps the charges so fixed by such deter- mination." (c) The following subsection is added thereto, namely:- "(5.) On and after the date of the passing of *" The State Electricity Oommission Acts and Another Act Amend- ment Act of 1945," an Electric Authority shall not vary the price (or the discount, if any, upon the price) payable for electricity supplied by it to consumers or any consumer or class of consumers or the charges associated with the supply of electricity to public lamps unless such Electric Authority has applied to the Commission for a determination under this section and such variation is authorised by such determination. For the purposes of this subsection any alteration of any such price or charges as aforesaid or of the discount, if any, upon any such price, whether by way of an increase in or a decrease of the amount payable shall be deemed to be a variation of such price or charges. * This Act.

ELECTRICITY. 99 1945. Stale Electricity Commission, Etc., Act. PAltT 1I.- .AlIENDIlBl'lrs 011' .. THlI STATE ELBCrBIC!TY Where the price for electricity supplied by an CO~S: :0N Electrl. C Author. lty may be charged upon anyone 0 f two 1937 ro 1941." or more' bases, the fact that a consumer changes from one such basis to another by arrangement- with such Electric Authority shall be deemed not to be a variation of price for the purposes of this subsection." 6. Paragraph (ii.) of section nineteen of *"The Amendment State Electricity Oommission Acts, 1937 to 1941," is ofs. 19. repealed and the following paragraph is inserted in lieu thereof, namely :- " (ii.) Where the Commission has made a deter- mination, the Electric Authority shall charge and shall be entitled to receive, whether for electricity supplied to consumers or to public lamps, the price or prices for electricity or, in respect of public lamps, the charges associated with the supply of electricity for the time being so determined by the Commission and no greater or lesser price or prices or charges, as the case may be." 7. The following section is ip,serted after section ~ew s. 24A twenty-four of *" The State Electricity Oommission Acts, mserted. 1937 to 1941," namely : - "[24A.] (1.) On and after the date of the passing Commission of t" The State Electricity Oommission Acts and Another ~ ri~ ~ n: ; Ol • Act Amendment Act of 1945," an Electric Authority electr! -cit~ shall not without the prior approval of the Commission b~ & ~ ~ d ID agree to take electricity in bulk from another Electric under special Authority or owner of an electric generating plant or agreement. without the prior approval of the Commission agree with any consumer for the supply to him of electricity at a price and/or upon any other terms and conditions which except for such agreement would not be the price or as the case may be the terms and conditions authorised under or in pursuance of this Act and/or t" The Electric Light and Power Acts, 1896 to 1945," in respect of such supply. (2.) A draft of every proposed agreement referred to in subsection one of this section shall be submitted to the Commission and no such agreement shall be entered "* 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et seq. t This Act. t 60 V. No. 24 and amending Acts, v. 3, pp. 306 et seq.

100 ELECTRICI'lW. PART II.- A~ . ~ ~ ~ TS STATE ELECTRICITY State Electricity Commission, Etc., Act. 9 GEO. VI. No. 13, C0?c:',ION into unless and until the Commission has approved of 1937 TO 1941." t ehpr'ICe payable £ or sucheIectrl.Cl' ty and 0 f the 0 ther terms and conditions of such agreement. Every such agreement entered into in contra- vention of this subsection shall be absolutely void and of none effect whatsoever. (3.) This section shall not apply to any such agree- ment to take or supply electricity entered into before and in force at the date hereinbefore mentioned in this section, but it shall apply with respect to the renewal or extension of any such agreement notwithstanding any terms or provisions contained in such agreement with respect to such renewal or extension. (4.) Every owner of an electric generating plant (not being an Electric Authority) who is supplying electricity in bulk to any Electric Authority shall, as and when required by the Commission so to do, furnish to the Commission in writing all such information and returns with respect to his business of so supplying electricity in bulk as the Commission shall specify. Any such owner who fails to furnish any such information or return within the time specified by the Commission, or who furnishes any such information or return which is false or misleading in any material particular shall be liable to a penalty of not more than fifty pounds." Repeal of 8. Section twenty-five of *" The State Electricity and new.8. Oommission Acts, 1937 to 1941," is repealed and the 25. following section is inserted in lieu thereof, namely : - Other " [25.] (1.) In. addition to the powers, functions f= ~ : ~ s, and duties otherwise conferred upon it by this Act or and duties by any other Act, the Commission shall have the follow- oCfotmmhissieon. ' lng powers, f unc t' IOns and dutl. es, nameIy : - (a) To inquire into and report to the Minister from time to time with respect to any matters referred to the Commission by the Governor in Council or the Minister for investigation and report; * 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et seq.

ELECTRICITY. 101 PART 1I.- 1945. State Electricity CommisSfion, Etc., Act. ~ ; ZW= 8 STATE ELEO!rRIor.rY (b) T o ta k e suc h steps as . ID I . ts . 0pu . l!0n s h ou Id b e 19 C 3 O 7 l ~ lM ~ T IS ~ S ' I 9 O 4 N 1 ... taken to secure the adoptIon of such standards of plant and equipment and of system frequency and pressure for the generation, distribution, and supply of electricity by all or any State, Local Authority or other undertakings in Queensland as will admit of the efficient interconnection of such undertakings and the interchange of electricity throughout the same and, generally, the safe, economical, and effective supply of electricity throughout Queensland; (c) To plan the organisation of Electric Authorities into economic and, where practi- cable, geographical and related units and to take such steps as in its opinion should be taken to provide for the co-ordination, and/or unification, and/or amalgamation of any Electric Authorities; (d) To regulate and control the establishment of generating stations and the installation, erec- tion and operation of generating.plants, trans- mission lines and substations so that develop- ment will proceed in an orderly manner in accordance with prepared plans, full demands shall always be met, undertakings will be conducted economically and efficiently, and the most efficient plant used to the best advantage; (e) If and where cOllsidered necessary to acquire, construct, maintain and operate generating stations, and/or main trans- mission lines and/or substations for the purposes of establishing comprehensive electricity supply systems and providing therefrom adequate supplies of energy in bulk at minimum cost to any Electric Authority; (f) To take supplies of electricity in bulk from . any Electric Authority within this State or from any person without this State and/or

102 PART II.- AKENDMIiINTS OF "THIiI STATIiI ELECTRICITY COJD!IBSION ACTS, 1937 TO 1941." ELECTRICITY. State Electricity Commission, Etc., Act. 9 GEO. VI. No. 13, to supply electricity in bulk to any Electric Authority within this State or to any person without this State; (g) In any particular case to require an Electric Authority to take supplies of electricity in bulk from the Commission or from any other Electric Authority specified by the Com- mission unless it can be shown that bulk supply is less economical than generation by such firstmentioned Electric Authority, and to direct that such bulk supply be made available to the Electric Authority; (h) To negotiate with interested parties concerning the establishment in Queensland of new industries requiring large blocks of cheap electrical energy, and to make suitable arrangements in connection therewith; (i) To promote and encourage the exploitation and use of the natural resources of Queensland in connection with the generation of electricity and to determine suitable sites for generating stations, and for that purpose to make such investigations, surveys, and inquiries as it shall deem necessary; (j) To promote and encourage the use of electricity and especially the use thereof for industrial and manufacturing purposes, and for the purposes of primary production; (k) To give technical advice to Government departments, Local Authorities and the public on the use of electrical apparatus, appliances, equipment, and plant; (l) To approve of electrical apparatus, appliances, and equipment with the object of securing their safety in service and to prohibit the use or (subject to subsections one and four of section 48A of *" The Electric Light and Power Acts, 1896 to 1945 ") the sale of all electrical apparatus, appliances, and equipment which are in the opinion of the Commission not safe; * 60 V. No. 24 a.nd a.mending Acts, v. 3, pp. 306 et Beq.

1945. ELECTRICITY. 103 PART II.- State Electricity Commission, Etc., Act, A~.~¥~TS STATE ELEOTRICITY (m) To inspect electrical machinery and to prohibit ~O~ :: ' ION ' t he use 0 f eIectr'10a1 machm' ery wh1' 0h I.S not 1937 TO 1941." safe; . (n) To advise (but without prejudice to any other power or authority of the Commission) any Electric Authority upon the expenditure, charges, maintenance, efficiency, and economics of its undertaking with a VIew to securing- (i.) The most efficient administration and working of such undertaking, and (ii.) The greatest possible electrical development of the Area of supply of such Electric Authority; (0) To form a Rural Development Section to investigate rural electrification schemes pro- jected by Electric Authorities or agricultural, food, or other developmental authorities, and to initiate, in collaboration with appro- priate organisations, rural electrical develop- ment in such areas as are deemed suitable, and to make the services of such Rural Development Section available to any Electric Authority for the purpose of affording technical advice and assistance with respect to rural electrification problems; (p) Subject to approval by the Governor in Council, to specify the returns to be made by Electric Authorities to the Commission with respect to their respective undertakings, the statistics, data, accounts, information or other matters or things with respect to which such returns are to be made, the time within and the form in which such returns are to be made, and for the purposes of this paragraph to require Electric Authorities to employ a standard system of keeping accounts, to use standard forms supplied by the Commission, to adopt a uniform system of tariff structures and to do and execute such other matters and things as the Com- mission shall consider necessary.

104 ELECTRICITY. PART 11.- AHENDlIlENTS OF "THB STATE ELECTRIOITY COMHISSION 1{j37~ ~ T~ 941 '. S tat.e Electricity Oommission, Etc., Act. 9 GEO. VI. N 0.13, • • • (2.) For the purposes of acqUIrmg, constructmg, . maintaining and operating generating stations, and/or main transmission lines, and/or substations, the Com- mission may and is hereby authorised from time to time, with the approval of the Governor in Council, to borrow money or to obtain accommodation by way of temporary advance or overdraft or otherwise from or to make financial arrangements with the Treasurer or with any bank or other person or institution upon and subject to such terms and conditions and at such rate of interest as the Commission, subject to approval by the Governor m Council, shall think fit. The. Commission may for the purposes of this subsection create and execute all such mortgages, bills of sale, charges, liens and other securities or encumbrances upon or over the property of the Commission or any part or parts thereof, or the revenues of the Commission as the Commission shall, subject to the approval of the Governor in Council, deem fit. (3.) The Commission shall, for the purposes specified in subsection two of this section, be and be deemed to be a "local body" under and within the meaning of *" The Local Bodies' Loans Guarantee Acts, 1923 to 1936," and the provisions of that Act shall, subject to such modifications thereof as the Governor in Council may by Order in Council prescribe either generally or in any particular case, apply and extend accordingly. (4.) Subject to the approval of the Governor in Council, the Commission may negotiate and enter into such agreements, issue all such directions, and give all such orders as it shall think necessary or expedient for the purposes of the due and proper exercise of the functions, powers and duties conferred or imposed upon it by this Act or any other Act. (5.) Any Electric Authority or other person which or who contravenes or fails to comply with any provision of a direction or order issued or given to it or him by the Commission under this section shall be liable to a penalty of not more than fifty pounds and in addition, to a further penalty of not more than five pounds for each and every day during which such offence. is continued after a conviction thereof." * 14 G. 5 No. 8 and amending Acts, v. 5, pp~ 1073 et seg.

ELECTRICITY. 105 1945. PART State Electricity Commission, Etc., Act. IlI.-AMENDMENTS OF *" THE ELECTRIC AND POWER ACTS, 1896 TO 1939." PART III.- AlmNDMENTS Ol!''' THE ELECTRlC LIGHT AND POWER ACTS, LIGHT 1896 TO 1939," 9 This Part of this Act shall be read as one with Construction *" The' Electric Light and Power Acts, 1896 to 1939," and of Part Ill. such Acts and this Part may be cited collectively as " The Electric Light and Power Acts, 1896 to 1945." 10. Section four of *" The Electric Light and Power Amendment Acts, 1896 to 1939," is amended as follows ;_ of s. 4. (a) In the proviso thereto the words "excepting section 48A hereof" are inserted after the words "this Act." (b) The following proviso IS added thereto, namely;- "Provided further that the foregoing proviso to this section shall be read and construed so as not to limit the operation and effect of section 48A of this Act." 11. Section 4A of *" The Electric Light and Power Repeal of Acts, 1896 to 1939," is repealed and the following section : ~~ new s. is inserted in lieu thereof, namely;- "[4A.] (1.) (a) Notwithstanding anything in thisLicenseto Act or in any Order to the contrary contained, the : ~ l; kity. Minister on the recommendation of the Commission shall have power and authority to and may at any time- (i.) Issue to any owner of a generating plant used by him for generating electricity for use upon his own premises a license authorising such person to supply electricity beyond the building or premises where such electricity is generated; (ii.) Issue to any Local Authority, company or person a license authorising such Local Authority, company or person to construct maintain and use an electric line for transmitting electricity from place to place * 60 V. No. 24 and amending Acts, v. 3, pp. 306 et seq.

106 ELECTRICITY. PART III.- A~ ~ IW; : TS State Electricity Comm1:ssion, Etc., Act. 9 GEO. VI. No. 13, ELECTRIC LIOHT AND 1P8 O 96 WE TO R A 19 C 3 T \ S 1 . ." (b) A li cense i . ll accordance Wl 'th sub -paragraph ( 1 .. 1. ) of paragraph (a) of this subsection may be issued to any Local Authority, company or person notwithstanding that he or it does not own a generating plant: Provided that a license in accordance with this subsection shall not be issued by the Minister' in respect of any Area or part of an Area in which a supply of electricity by an existing Electric Authority is available. (c) Every such license shall be for such period and shall be subject to such conditions as shall be fixed by the Minister on the recommendation of the Commission and as shall be set forth in the license. (d) Any such license shall be revocable at any time by the Minister by notice in writing to the licensee, and no compensation whatever shall be paid to any such licensee in respect of the revocation of his license and no claim for compensation against the Minister, or the Government, or the Commission, or any member or officer of the Commission, or any officer of the Public Service in respect of such revocation shall be made to or entertained by any court or tribunal whatever. (e) The Commission may direct any Electric Authority which, upon the expiration or revocation of a license, commenceR to supply electricity to the consumers formerly supplied by the holder of such license, or any of them, to purchase the whole or any specified works used by such holder for the purpose of supplying elec- tricity, and such Electric Authority shall comply with such direction. The price and other terms and conditions of such purchase shall be such as are agreed upon between the parties or failing agreement determined by the Commission. (2.) (a) A license issued in accordance with sub- paragraph (i.) of paragraph (a) of subsection one of this section may authorise the licensee concerned to supply electricity to one or more specified persons or to one or more specified premises; or the license may authorise the licensee concerned to supply electricity generally to all premises up to a specified number and/or within a specified radius from the generating plant: Provided that the Minister on the recommendation of the Commission may from time to time extend any such license by increasing the number of persons or

ELECTRICI'DY. 107 PART 111.- 1945. State Electricity Commission, Etc., Act. ~ !W~ ELIIIOTRlO LIGHT AND POWER AoTS, premises specified therein or by increasing the number 1896 TO 1939." of premises and/or the radius from the generating plant specified therein. (b) The holder of a license issued in accordance with subparagraph (i.) of paragraph (a) of subsection one of this section shall not, without the approval of the Minister, during the continuance of such license- (i.) Sell or otherwise dispose of his undertaking or any part thereof except upon -such terms and conditions and at such price as shall have been approved by the Minister; or (ii.) Cease to carry on his undertaking except upon such conditions providing· for the transfer of the license to' another person as shall have been approved by the Minister. In this paragraph the term " undertaking" includes the works as defined in this Act and operations incidental to the carrying out by the holder of the license in question of the business of supplying electricity in accordance with the terms and conditions of such license. Any holder of a license issued under subparagraph (i.) of paragraph (a) of subsection one of this section who contravenes any provision of this paragraph shall be guilty of an offence and liable to a penalty of not more than one hundred pounds. . (3.) A license issued under subparagraph (ii.) of paragraph (a) of subsection one of this section may authorise the licensee to construct, maintain, and use an electric line for the purpose of transmitting electricity beyond the premises or building where such electricity is generated to some other place for use in the work or works of the licensee and/or for subsequent distribution to consumers. (4.) Any decision of the Minister to grant or refuse any license under this section shall be in his absolute discretion, and shall be final and conclusive and without appeal by any person to any court or trihunal whatsoever.

108 ELECTRICITY. PART III.- AMENDMENTS 011 "THE ELECTEIC LIGHT AND State Electricity Commission, Etc., AGt. 9 GEO. VI. No. 13, 1~ 8ri" ~ ~ t~ i~ : " (5.) The provisions of Parts I., Ill., IV., V., VII., VIII., and IX. of this Act, including any regulations made under this Act and/or *" The State Electricity Commission Acts, 1937 to 1945," shall apply and extend to the supply of electricity in pursuance of any license issued under subparagraph (i.) of paragraph (a) of subsection one of this section, and to the licensee concerned so far as such provisions are applicable; and the following provisions of this Act, namely, sections three, twelve, 12B, thirteen, seventeen to thirty-six, both inclusive, fifty, fifty-two, fifty-three, fifty-four, fifty-six, fifty-seven, fifty-eight, sixty, sixty-two and sixty-three, and all the provisions of any regulations made under this Act and/or *" The State Electricity Commission Acts, 1937 to 1945," with respect to the construction, maintenance and/or use of electric lines shall apply and extend to and in respect of the construction, maintenance, and use of an electric line authorised by a license issued under subparagraph (ii.) of paragraph (a) of subsection one of this section: For the purposes of such application and extension the term " Order" occurring in any such provision shall be read and construed as meaning "license" and the term" Electric Authority" as "licensee."" Amendment 12. Section sixteen of t" The Electric Light and Power ofs.16. Acts, 1896 to 1939," is amended as follows : - (a) The said section is renumbered subsection one of section sixteen. (b) The following subsection is added to the said section as so renumbered, namely:- " (2.) If the financial year of any Electric Authority which is not a Local Authority ends on a date other than the last day of the calendar year, such Electric Authority may, with the leave of the Commission, adopt such financial year as the annual period in respect of which it makes up the annual statement of accounts prescribed by subsection one of this section. Subsection one of this section shall apply with respect to every annual statement in respect of which the financial year is adopted, excepting that for the purposes of such application the words "on or before the thirty-first day of March in every year" in the first paragraph thereof shall be read as meaning "in every * 1 G. 6 No. 26 and amending Acts and this Act, 1937 Sess. v., pp. 16505 et seq. t 60 V. No. 24 and amending Acts, v. 3, pp. 306 et seq.

ELECTRICIrr:Y. 109 PART III.- 1945. State Electricity Commission, Etc., Act. ~XW~TS ELEOTRIC LIGHT AND calendar year, within the period of three months next 1~ 8~ ti::'" sllcceeding the last day of its financial year ended in such calendar year or ended less than three months prior to the commencement of such calendar year." " 13. (1.) Section forty-one of the Principal Act is Reseal of 41 repealed and the following section is inserted in lieu an news. • thereof, namely ;- " [41.] (1.) The Commission may, with the approval Contro~ and of the M m ·· lSt er, make by-Iaws f or i sec ' urmg a proper trhegeu t l 1 a S t e IOonf of supply of electricity to every consumer and for the electricity by safety in use of such supply, both with respect to the consmners. consumer's premises and with respect to every person who may be at any time in or upon such premises, and, in particular, but without limit to the generality of the power to make by-laws conferred upon the Commission by this section- (a) Prescribing, regulating, and controlling the conditions upon and subject to which electric wires and/or fittings on consumers' premises are to be fixed and maintained; (b) Prescribing, regulating, and controlling the conditions upon and subject to which all or any types of electrical equipment and/or apparatus on consumers' premises are to be fixed and maintained; (c) Prescribing, regulating, and controlling standards for wires and/or fittings fixed and electrical equipment and/or apparatus used on consumers' premises; (d) Prescribing, regulating, and controlling the conditions upon and subject to which electricity shall be supplied by the Electric Authority to the consumer, including the maximum starting currents of motors, the minimum power factor of electrical apparatus, the location and connection of the Electric Authority's service lines and meters on the consumer's premises, the testing of electrical installations and meters on the consumer's premises, the payment of accounts and prepaid security by the consumer to the Electric Authority, and the duties and responsibilities of the consumer with respect to his installation and the Electric Authority's property in or upon his premises.

110 ELECTRICITlY. PART 111.- AKENDII1INTS Ol!' "THE ELEOTRIO LIGHT AND POWER AOTS, 1896 TO 1939." State Electricity Commission, Etc., Act. 9 GEO. VI. No. 13, (2.) Moreover the Commission may, with the approval of the Minister, in any case in which it thinks it necessary or expedient so to do make a rule or rules under and in pursuance of the power to make by-laws conferred upon it by subsection one of this section with respect to particular wires, fittings, equipment and/or apparatus or a particular class of wires, fittings, equip- .ment and/or apparatus, or with respect to a particular consumer's premises or a particular class of consumers' premises. (3.) All by-laws made under this section shall be read and construed with and, where necessary, subject to the regulations. A by-law may prescribe that the same or any other by-law or by-laws shall apply only with respect to such Area or Areas or such part of an Area or Areas or such class or classes of consumer's premises as may be specified therein, and moreover by-laws may differ with respect to different Areas or different parts of the same Area, or different classes of consumer's premises. (4.) A rule made under this section may modify any regulation or by-law and every rule shall continue in force unless and until disapproved by the Minister, or, if not so disapproved, revoked by the Commission. (6.) Any Electric Authority which contravenes or fails to comply with any provision of a by-law or rule made under this section shall be liable to a penalty of not more than one hundred pounds and, in addition, to a penalty of not more than twenty pounds for each and every day during which such offence is continued after a conviction thereof. Any person other than an Electric Authority who contravenes or fails to comply with any provision of a by-law or rule made under this section shall be liable to a penalty of not more than fifty pounds and, in addition, to a penalty of not more than ten pounds for each and every day during which such offence is continued after a conviction thereof. (6.) If the Electric Authority is satisfied that the wires or fittings on any premises have not been fixed in accordance with, or that the electrical equipment and/or apparatus therein or thereon does not comply with, or that any such wires, fittings, equipment and/or apparatus is not being maintained in accordance with the regula- tions, and/or by-laws, and/or rules, or are in such a

ELECTRICITIY. 111 - - - - - - - - - - - - - - - - - - - - - - PART III.- 1945. Stale Electricity Oommission, Etc., Act. A~:~ ~~! ~TS ELECTRIC LIGHT AND cond 1 'tI' On that I 't I . S or wou Id be dangerous t 0 suppIy 1P8O96WETOR A19C3T9S. '" electricity to the consumer in question, the Electric Authority may refuse or may discontinue the supply of electricity, and may withhold such supply until it is satisfied that the regulations and/or by-laws and/or rules have been complied with or that it is no longer dangerous to supply the same. Where an Electric Authority withholds the supply of electricity under this section, such Electric Authority shall forthwith report to the Commission the circum- stances under which the supply was withheld, and the Commission may upon application made by the consumer or the Electric Authority, appoint some fit and proper person or persons to inquire into the circumstances of the case. If the Commission is satisfied that the supply of electricity was wrongfully withheld, the Electric Authority shall be liable to a fine not exceeding five pounds for each and every day during which the supply of electricity was wrongfully withheld before the date of application for inquiry as aforesaid; which may, with the approval of the Minister, be imposed by the Commission." (2.) All by-laws and rules purporting to have been made under the provisions of *" The Electric Light and Power Acts, 1896 to 1939," repealed by this section and in force at the passing of this Act, which, if made subse- quent to the passing of this Ac"t, would be valid and lawful, shall be and be deemed to have always been, by-laws, or, as the case may be, rules the making of which was always authorised and every such by-law or rule shall be and be deemed to have always been, valid accordingly and shall continue in force until revoked or amended under t" The Electric Light and Power Acts, 1896 to 1945." 14. Section 48A of *" The Electric Light and Power Amendment Acts, 1896 to 1939," is amended as follows :_ ofs.48A. (a) Subsection five thereof is repealed and the following subsections are inserted in lieu of such repealed subsection, namely :- "(5.) The Commission may, with the approval of the Minister, make by-laws prescribing, regulating and controlling standards for electrical machinery, electric * 60 V. No. 24 and amending Acts, v. 3, pp. 306 et seq. t 60 V. No. 24 and amending Acts and this Act, v. 3, pp. 306 et seq.

112 ELECTRICITY. PART 111.- A~ ~ N. ~ ~ ~ TS State Electricity Commission, Etc., Act. 9 GEO. VI. No. 13, ELEOTRIC LIGHT AND 1P8 O 96 WB TO R A 19 C 3 T 9 S .''' l m ' es, W . Ir . Ing, fittm. gs, accessorI.es, app li ances, consumI . ng devices, and control and protective gear associated with any electric generating plant used for generating electrical energy at a pressure of or greater than 110 volts direct current or 50 volts alternating current. If the standards prescribed by any by-law made under this section for any electrical machinery, electric lines, wiring, fittings, accessories, appliances, consuming devices, or control or protective gear associated with any electric generating plant have been modified after the date when the same became so associated, the' Commission may by a notice in writing given to the owner of such generating plant determine the standard therefor, and the standard so determined shall until the Commission makes a further such determination become and be the standard for the electricalmachinery, electric lines, wiring, fittings, accessories, appliances, consuming devices, or control or protective gear in question in lieu of the standard prescribed therefor by the by-laws. (6.) (a) Any inspector may at any time or from time to time inspect any electrical machinery, electric lines, wiring, fittings, accessories, appliances, consuming devices, or control or protective gear associated with electric generating plant mentioned in subsection five of this section. If any inspector finds any electrical machinery, electric lines, wiring, fittings, accessories, appliances, consuming devices or control or protective gear associated with any electric generating plant which do or does not conform to the prescribed st,andards, he may give to the owner of such plant a notice in writing to that effect and such notice shall state the fault or defect found by the inspector and- (i.) Shall require such owner to repair as specified in the notice or to replace, within such time as is stated in the notice, or, if not so repaired or replaced, to disconnect and/or cease to use until so repaired or replaced, the faulty or defective electrical machinery, electric lines, wiring, fittings, accessories, appliances, consuming devices, or control or protective gear so as to make same conform to the standards prescribed therefor; and

1945. ELECTRICITY. 113 PART IlI.- State Electricity Commission, Etc., Act. AMENDMENTS OF" THE ELEOTRIC LIGHT AND • POWER ACTS, ( ~ i. ) In addition, may prohibit such owner from 1896 TO 1939." using, in association with such generating plant, .any such faulty or defective electrical machinery, electric lines, wiring, fittings, accessories, appliances, consuming devices, or control or protective gear until the same have been replaced or repaired in accordance with the notice. (b) Any owner of an electric generating plant may, within seven days after the receipt of a notice given to him by an inspector under this subsection, appeal there- from to the Commission. Such appeal shall be in writing and shall contain a brief statement of the grounds thereof. Upon such appeal the Commission may revoke, confirm or modify the notice, but every notice so confirmed or modified shall for the purposes of this subsection be deemed to be a notice given by the inspector in question and shall have operation and effect accordingly. (7.) Any owner of an electric generating plant mentioned in subsection five of this section who contra- venes or fails to comply with any provision of a notice given to him by an inspector under subsection six of this section shall be liable to a penalty of not more than fifty pounds, and in addition, to a penalty of not more than ten pounds for each and every day during which such offence is continued after a conviction thereof. (8.) The Governor in Council may from time to time make regulations for all or any purposes, whether general or to meet particular cases, that may be necessary or expedient for the administration of subsections five and six of this section. Without limiting the generality of the power of the Governor in Council in that behalf, such regulations may prescribe, regulate, and control the furnishing of such information by owners as may be required by the Com- mission, the powers and duties of inspectors, the entry by inspectors for the purposes of inspecting electrical machinery, electric lines, wiring, fittings, accessories, appliances, consuming devices, and control and protective gear associated with electric generating plants mentioned

114 ELECTRICITY. PART III.- ~ 1W~ : S ELEOTRIO LIGHT AND State Electricity Oommi88ion, Etc., Act. 9 GEO. VI. No. 13, 1945. 18P9 O 6 W T E O R 1 A 9 O 39 T . S " , I . n subsectI' on fi ve 0 f th I ' S sec t · ' JOn, the.rlees and!or expenses payable by owners of such plants for the services of inspectors, and penalties not exceeding thirty pounds for any breach of any such regulation." (b) Subsection six of the said section is renumbered subsection nine. Amendment 15. In section forty-nine of *" The Electric Light of s. 49. and Power Acts, 1896 to 1939," the words "the last preceding section" are repealed and the words " section forty-eight of this Act," are inserted in lieu thereof. Construction 16. (1.) The provisions of this Act shall be read r o e fl a At~ I t on in t 0 and construed • and shall have operation and effect so certain as not to preJudice or affect-- agreements with Electric AuthoI'itie... (a) The agreement or any term, provision or condition of the agreement entered into by the Commission with City Electric Light Company Limited under section twenty-seven of t" The State Electricity Oommission Acts, 1937 to 1945," and so as not to derogate in any way whatsoever from the powers, rights, . privileges and authorities conferred upon City Electric Light Company Limited, pursuant to the provisions of the said agreement and the Order in Council referred to in clause five thereof; or (b) Any agreement or any term, provision or condition of any agreement entered into by the Commission with any Local Authority, company or person under section 11A of t" The Electric Light and Power Acts, 1896 to 1945"; or (c) Any Order in Council or any term, provision or condition of any Order in Council issued to any company or person in pursuance of an agreement entered into by the Commission with such company or person, or such agreement or any term, provision or condition of such agreement. * 60 V. No. 24 and amending Acts, v. 3, pp. 306 et 8eq. t 1 G. 6 No. 26 and amending Acts and this Act, 1937 Sess. v., pp. 16505 et seq. t 60 V. No. 24 and amending Acts and this Act, v. 3, pp. 306 et 8eq.

ELECTRICITY. 115 PART nI.- 9 GEO. VI. No. 16, 1945. Regional Electric .Authorities .Act. AlllllNDKlINTS OP .. THlII ---------------------------------------------- J: : ~ ~ (2.) Where any provision of this Act repeals and lrs?6W:- ~ ~ ~ ~ l. re-enacts with or without modification any provision of *" The State Electricity Commission Acts, 1937 to 1941," or of t" The Electric Light and Power Acts, 1896 to 1939," references in any agreement or Order in Council mentioned in subsection one of this section to the provisions so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted, but so that such re-ena.cted provisions and each of them shall have operation and effect subject to subsection one of this section. An Act to Provide for the Extension and Co-ordina- 9 . G N lII o O . . 1 V 6 I . • tion of the Supply of Electricity throughout RE~ ~ AL Queensland in the manner best Calculated t~~~ :. to Promote and Serve the Population, Development and Industries of the State, and to Secure its Economic Well·being, and for purposes incidental thereto. [ASSENTED TO 12TH APRIL, 1945.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consen't of the Legis- lative A.ssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. p~ ~ ~ ~ ~ Y. t 1. This Act may be cited as " The Regional Electric Short title. A uthorities Act of 1945," and shall commence and come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette. 2. This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART n.-POWERS OF THE GOVERNOR IN COUNCIL ; PART IIl.-TRANSFER TO AND VESTING IN REGIONAL BOARD OF EXISTING ELECTRleI'.P¥ UNDERTAKINGS; PART IV.-CONSTITUTION AND FUNCTIONS OF REGIONAL BOARDS; * 1 G. 6 No. 26 a.nd a.mending Acts, 1937 Sess. v., pp. 16505 et Beq. t 60 V. No. 24 and amending Acts, v. 3, pp. 306 et aeq. l' Proclaimed as from 21st June, 1945; Gazette, 23rd June, 1945, p. 1708.