Sustainable Energy Development Repeal Act 2004 (NSW)

An Act to repeal the Sustainable Energy Development Act 1995; to amend the Energy Administration Act 1987 to provide for the abolition of the Sustainable Energy Development Authority and the transfer of its staff and its assets, rights and liabilities; and for related purposes.

1Name of Act

This Act is the Sustainable Energy Development Repeal Act 2004.

2Commencement

This Act commences, or is taken to have commenced, on 1 July 2004.

3Repeal of Sustainable Energy Development Act 1995 No 96

The Sustainable Energy Development Act 1995 is repealed.

4Amendment of Energy Administration Act 1987 No 103

The Energy Administration Act 1987 is amended as set out in Schedule 1.

5Consequential amendment of other Acts

Each Act specified in Schedule 2 is amended as set out in that Schedule.

Schedule 1Amendment of Energy Administration Act 1987

(Section 4)

[1]Section 3 Definitions

Omit the definitions of Department and Director from section 3 (1).

Insert instead:

Department means the Department of Energy, Utilities and Sustainability.

Director-General means the Director-General of the Department.

[2]Sections 8 (1)–(3), 10, 25 (1) (b), 42, 43 and 45 (2) and (3)

Omit “Director” and “Director’s” wherever occurring.

Insert instead “Director-General” and “Director-General’s” respectively.

[3]Section 54

Insert after section 53:

54Savings, transitional and other provisions

Schedule 2 has effect.

[4]Schedule 2

Insert after Schedule 1:

Schedule 2Savings, transitional and other provisions

(Section 54)

Part 1General1Regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

• •

  Sustainable Energy Development Repeal Act 2004

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

• (b)

  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2Provisions consequent on enactment of Sustainable Energy Development Repeal Act 20042Definitions

In this Part:

repealing Act means the Sustainable Energy Development Repeal Act 2004.

SEDA means the Sustainable Energy Development Authority constituted by the Sustainable Energy Development Act 1995, as in force before its repeal by the repealing Act.

3Abolition of SEDA(1)

On the commencement of the repealing Act:

• (a)

  SEDA is abolished, and

• (b)

  any assets, rights and liabilities of SEDA become the assets, rights and liabilities of the Crown.

(2)

In this clause:

assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.

liabilities means all liabilities, debts and obligations (whether present or future and whether vested or contingent).

rights means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).

4Executive Director of SEDA(1)

On the commencement of the repealing Act, the person who, immediately before that commencement, held office as the Executive Director of SEDA ceases to hold that office.

(2)

A person who, under this clause, ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.

5Staff of SEDA(1)

On the commencement of the repealing Act, the staff of SEDA are transferred to the Department.

(2)

The transfer of such staff is taken to have been done under section 87 of the Public Sector Employment and Management Act 2002.

6Annual report of SEDA for year ending 30 June 2004

The annual report of SEDA for the year ending 30 June 2004 may be included in the annual report of the Department for that year.

7References to SEDA

A reference in any other Act or in an instrument made under an Act or in any document to SEDA or to the Executive Director of SEDA is to be read as a reference to the Director-General.

Schedule 2Amendment of other Acts

(Section 5)

Electricity (Consumer Safety) Act 2004 No 4[1]Schedule 3 Amendment of Energy Administration Act 1987 No 103

Omit Schedule 3 [7].

[2]Schedule 3 [10] and [11]

Omit Schedule 3 [10]. Insert instead:

[10]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

•

Electricity (Consumer Safety) Act 2004, but only in relation to the amendments made to this Act

[11]Schedule 2, Part 3

Insert after Part 2:

Part 3Provisions consequent on enactment of Electricity (Consumer Safety) Act 20048Definitions

In this Part:

repeal date means the date on which the repealed Act is repealed by the Electricity (Consumer Safety) Act 2004.

repealed Act means the Electricity Safety Act 1945 as in force immediately before its repeal by the Electricity (Consumer Safety) Act 2004.

9Continuation of certain Regulations made under repealed Act(1)

The Electricity Safety (Equipment Efficiency) Regulation 1999, as in force immediately before the repeal date, continues in force and is taken to be a regulation made under this Act.

(2)

The Regulation continued in force by subclause (1) may be amended and repealed in the same way as any other regulation made under this Act.

First State Superannuation Act 1992 No 100

Omit “Sustainable Energy Development Authority”.

Public Authorities (Financial Arrangements) Act 1987 No 33

Omit section 28 (1) (c).

Public Finance and Audit Act 1983 No 152

Omit “Sustainable Energy Development Authority”.

Public Sector Employment and Management Act 2002 No 43[1]Section 133 Declared authorities to which Part applies

Omit “Sustainable Energy Development Authority” from the Table to the section.

[2]Schedule 2 Executive positions (other than non-statutory SES positions)

Omit “Executive Director of the Sustainable Energy Development Authority” from Part 3 of the Schedule.

State Authorities Non-contributory Superannuation Act 1987 No 212

Omit “Sustainable Energy Development Authority” from Part 1.

State Authorities Superannuation Act 1987 No 211

Omit “Sustainable Energy Development Authority” from Part 1.

Superannuation Act 1916 No 28

Omit “Sustainable Energy Development Authority” from Part 1.