Australian Capital Territory Electricity Supply Amendment Act 1979

Overview

The Australian Capital Territory Electricity Supply Amendment Act 1979 No. 106 of 1979 was enacted to amend the Australian Capital Territory Electricity Supply Act 1962, addressing the need to update the legislative framework in response to changes in the territory's governance structure. This Act was enacted by the Queen, in and with the advice and consent of the Senate and House of Representatives of the Commonwealth of Australia, reflecting its significance at a federal level. The policy objective underpinning this legislation was to ensure that the electricity supply framework in the Australian Capital Territory remained current and aligned with the territory's evolving political landscape, particularly in light of the transition from the Legislative Assembly to the House of Assembly. By amending key references within the Principal Act, the legislation aimed to maintain the operational integrity and legal clarity of the electricity supply system.

Scope and Application

The Australian Capital Territory Electricity Supply Amendment Act 1979 serves to amend the Australian Capital Territory Electricity Supply Act 1962, primarily in relation to the terminology used within the principal Act. The legislation applies within the Australian Capital Territory, targeting the entities and authorities involved in the electricity supply sector. It specifically amends the references from "Legislative Assembly" to "House of Assembly" throughout the principal Act, thereby aligning the terminology with the current legislative framework of the Australian Capital Territory. This amendment ensures that the provisions and references in the principal Act are consistent with the nomenclature used in the Australian Capital Territory House of Assembly Ordinance 1936 or its subsequent amendments. The transitional provisions of the Act ensure continuity in office for existing members of the Australian Capital Territory Electricity Authority until the House of Assembly elects a new member to the Authority. This Act does not specify any exclusions or thresholds and extends its application to all relevant entities and individuals within the Australian Capital Territory.

Key Provisions

The Australian Capital Territory Electricity Supply Amendment Act 1979 (Act) modifies the Australian Capital Territory Electricity Supply Act 1962 (Principal Act). This Act, referred to as the Australian Capital Territory Electricity Supply Amendment Act 1979, came into effect on 2 June 1979. One of the key changes in the Act is the amendment of section 4 of the Principal Act to include a new definition for "House of Assembly" and to omit the existing definition for "the Legislative Assembly" (sections 3 and 4). The Act imposes several obligations and requirements on the parties and entities it governs. Most notably, it mandates the replacement of references to the Legislative Assembly with references to the House of Assembly in various sections of the Principal Act. For example, in section 6(3) of the Principal Act, the phrase "members of the Assembly" is replaced with "members of that House," and "pleasure of the Assembly" is replaced with "pleasure of that House" (Schedule). This change applies across multiple subsections, including sections 6(7), 6(8), 6(10), and 10(3) of the Principal Act (Schedule). Moreover, the Act outlines transitional provisions to ensure a smooth changeover. Specifically, it allows a person holding office as a member of the Australian Capital Territory Electricity Authority under the Principal Act to continue in that role until the House of Assembly elects one of its members to replace them (section 5). This transitional arrangement ensures continuity in the Authority’s operations while the legislative framework is updated. The Act does not explicitly outline specific offences, penalties, or consequences for breach within its text. However, the amendments it makes to the Principal Act could potentially have legal ramifications if not properly implemented. Any failure to adhere to the changes specified in the Act might lead to legal disputes or challenges under the Principal Act or other relevant legislation, although the exact consequences would depend on the specifics of any such non-compliance.