In this Act, unless the contrary appears- '&Territory' means a part of the State constituted under this Act as a Commissioner or, in respect of the period between the passing of this Act and the day on which it comes into force, A D&put Commissioner for Electricity Supply.
Crown bound in certain respects. This Act is binding on the Crown-
PART II-THE STATE ELECTRICITY COMMISSION OF QUEENSLAND Division I-Consiitzition of Conzmission
Administration sf Act. Subject to the Minister, the Commission shall administer this Act
A contract which, if made between private persons, would by law be valid, but not reduced to writing, may be made without writing by the Commissioner. It is hereby declared that the person holding the office of Secretary to the Commission immediately before the day of commencement of this Act is and has been for all purposes the holder of such office since his appointment thereto under the State Electricity Commission Acts, 1937 to 1965 and , on the commencement of this Act, under this Act, notwithstanding that his appointment to such office by the Governor in Council was expressed to be made under The Public Service Act of 1922 as amended (wherever cited) without reference t d The State Electricity Commission Acts, 1937 to 1965.
Appointment of Deputy Commissioners. (1) Subject to section 12, the Governor in Council may from time to time appoint such and so
Appointment of secretary. (1) Subject to section 12, the Governor in Council may from time to time appoint a secretary to the
Salaries of Commissioner, Deputy Commissioners and secretary
In all cases where the Commissioner, a Deputy Commissioner or the Secretary-. (a) is appointed by the Governor in Council to any additional office referred to in subsection (I) (a); In this section the term "officer" does not include the Commissioner, a Deputy Commissioner or the Secretary.
No liability shall be incurred by the Crown, the Minister, the Commission, the Commissioner, a Deputy Commissioner, the secretary of or any other employee of the Commission or any person who is not an employee of the Commission appointed to a to be an electrical inspector. or an industrial inspector acting as an inspector for the purposes of Part XI by virtue of anything done for the purposes of this Act or done in good faith purporting to be for the purposes of this Act. -30 23 of the Commission authorized by the Commission or by any of the aforesaid persons, either in general or in any particular case, disclose or publish any matter or thing relating to or arising from any provision of. that it is in the public interest to disclose or publish or that the said Commission or person in good faith considers it necessary or desirable to disclose or publish in the public interest, and no liability shall be incurred by the Crown, the Minister , the Commission, the Commissioner, a Deputy Commissioner, the secretary of the Commission, an electrical inspector or an employee so authorized as aforesaid by virtue of any disclosure or publication so made.
Appropriation. Parliament may from time to time appropriate such sums for the administration of this Act as shall be deemed necessary
The Electric Power Trust Fund established under the Acts of the State Electricity Commission, 1937 to 1965, is preserved, continues to exist and is established under that name, that is, the "Electric Power Trust Fund," and the moneys forming part of the Trust directly prior to the entry into force of this Act are the funds that are part of the fund at the time of such entry into force. Parliament may from time to time appropriate such sums for carrying out this Act as it thinks fit.
Provisions: (1) Subject to the approval of the Governor in Council, the Commission may make provisions under the Fund to meet any specific future expenditure, whether capital in nature or not. In addition to the administration of the Fund, the Commission shall administer such other trust or special funds as are from time to time established by the Governor in Council and which the Governor in Council directs to be so administered, and any other moneys appropriated by Parliament from time to time. from time to time, whether out of the Consolidated Revenue Fund or the Loan Fund, for the purposes of this Act or any other Act or any function of Government required to be administered by the Commission.
Brokerage. The Commission may pay moneys by way of brokerage in relation to any borrowing or raising of money or the making
The commission may pay out money through mediation in connection with any borrowing or withdrawal of money or making.
Guarantees. (1) Notwithstanding anything to the contrary contained in any Act, the amount of any loan borrowed by the
The Commission may pay fees by way of brokers in respect of any borrowing or raising of money or the making. carrying out the terms and conditions of those arrangements on the part of the Commission on such terms and conditions as the Treasurer thinks fit. The liability of the Government of Queensland in terms of a guarantee as aforesaid shall not be affected or discharged by the granting to the Commission of any time or other indulgence or consideration or as a result of any transaction that may take place between the Commission and the lender. any holder for the time being of debentures or registered stock or any bank or other person or institution or by any other act or notification of the lender or any holder for the time being of debentures or registered stock or any bank or other person or institution whereby the liability of the Government would as surety except for this provision has been affected or discharged.
Authorization of Electricity Authority to borrow money. (1) The Governor in Council may by Order in Council authorize an Electricity
Where money is withdrawn from a fund for the purpose of repaying money borrowed or paying interest thereon, the members of the Electricity Authority who have consented to the misappropriation of such money for that purpose shall be jointly and severally liable to repay the same. with interest of $8 per annum, and such amount may be recovered from such members or from any of them by proceedings in a court of competent jurisdiction at the request of the Commission or a creditor of the Electricity Authority, and the Commission or any such creditor, as the case may be, will deposit the amount recovered into the relevant fund but will be entitled to full costs of the proceedings, including attorney-client costs. As soon as practicable after July 1 of each year, the Commission shall submit to the Treasurer a statement setting out: (a) the total amount of new loan monies which the Commission may borrow under section 37;
Reimbursement to the Commission of interest and installments towards the repayment of capital. (1) The Commission shall be reimbursed
I) The Coinn'ission shall estimate the costs likely to be incurred in each financial year for obtaining loans to secure money for capital works expenditure and may request that the Electricity Authorities to which the money is to be provided contribute in installments to these costs.
Bank account. (1) The Commission shall establish one consolidated bank account to record the transactions of all sinking
-57 41 (3) If it appears to the Treasurer from such return or otherwise that the Commission has failed to comply with the provisions of this law in relation to any sinking fund, the Treasurer shall, by order, order that the amount in respect of of which default has been made shall be raised by the Commission and paid into the sinking fund specified by the Treasury in this order, and any such order may be enforced by the Treasury in the same manner as in the case of any debt due from the Commission to the treasurer in relation to the loan money provided according to the provisions of this law. The Council consists of the Commissioner, the General Manager of the Generating Board and 2 General Managers of each Electricity Board.
It shall be the duty of the Council to assist and advise the Commission and the Electricity Authority on matters relating to the electricity supply industry referred to it by the Commission or the Electricity Authority or brought forward for discussion and consideration on its own initiative. The decision or decision of the Council is advisory only and not binding on the Commission or.
Effect of decisions of Council. A decision or determination of the Council is advisory only and not binding on the Commission or an
The Council may appoint persons, who need not be members of the Council, to constitute a committee or committees for the investigation and report of any matter referred to it for such investigation and report, and may agree with the Commission or the Electricity Authority, to make an inquiry for the Council and submit a report thereon. Provided that the Commission may, with the approval of the Minister, by notice published in the Official Gazette, revoke such order at any time.
5) (a) Every order under this section shall be published in the Gazette and, on and from the date of such publication, shall have the force of law and the Electricity Authority concerned and every other person whoever. Commission to determine the prices of electricity supplied by the owner of a mine in terms of a license held by him and issued under section 138 (1) (d).
For the purposes of the provisions of this Section relating to appeals from decisions by the Commission, such written notice of decision shall be deemed to be a determination by the Commission pursuant to this section. In connection with any investigation into prices of and methods of charging for electricity by the Commission, the Commission may require an Electricity Authority to carry out such investigations as may be required by the Commission and report thereon to the Commission, and the Electricity Authority will conduct such investigation and report accordingly.
Provided, however, that any amount determined or otherwise done by the Commission or the Minister in terms of section 73 or 74, in relation to an appeal, shall for all purposes be properly determined or done by the court, and not subject be subject to any review by the court. If by his decision on appeal to him the court-. iii) the taking, acquisition, holding, handling and disposal of real and personal property (whether situated in Queensland or elsewhere); and. iv) do and suffer all such acts and things that a legal entity may do and suffer according to law.
Affixing official seal. (1) The General Manager of the Generating Board shall affix the official seal of the Board to any document
(3) (a) The appointment of a consumer representative by the South East Queensland Electricity Board under subsection (2)(d) shall be made by it to the Commission within 21 days of receipt by that board of written notice from the Governor in the The Council may, if the Commission so requests or within such other time as specified by the Commission in the notification, and if the Commission has not received a nomination within the said 21 days or such other time as referred to above, appoint the Governor to the Council . member as a consumer representative, who is deemed to have been nominated by the Board. However, a nomination may be made by the Board to the Committee before the Board has received written notification from the Committee, as referred to above.
Provided that nothing herein shall be construed to prevent the adjournment of any meeting to a later time on the same day on which such meeting was appointed to be held.
Regulation of conduct of meetings of the Board. Without limiting the power to make regulations conferred by section 443,
Governor iil Council may rescind resolution of Generating Board. (I) The Governor in Council may at any time suspend or
In any case where a resolution so revoked authorizes or authorizes or purports to authorize or authorize the making for or on behalf of the Generating Board of any contract or agreement or the acceptance by or on behalf of the Generating Board of any tender or the making or execution by or on behalf of the Generating Board of any act, matter or other thing, any such contract or agreement made or purporting to have been made or any such tender accepted or purporting to have been accepted or any such act, matter or thing made or intended to be made in pursuance of such decision shall be null and void ab iiritio. Provided that this section shall not apply to an interest in a contract or proposed contract or other matter which a member may have as a resident of the supply area of an Electricity Authority as a user or ordinary consumer of electricity, or for an interest in any matter relating to the conditions under which the right to participate in any service is offered, including the supply of goods for general use or consumption.
Any such contract of insurance entered into shall inure to the benefit of the members insured thereunder (or, in the event that the death of a member is the result of an injury for which he is insured, to the benefit of the dependents of such member or the dependents of a former member whose place vacated due to his injury). Indemnities, (1) The Generator Board, the Managing Director or other member of the Generator Board, the Secretary or any other employee of the Generator Board or any other person acting under the direction of the Generator Board shall not be liable. by reason of anything done for the purposes of this Act or done in good faith and purporting to be for the purposes of this Act.
Appointment of Other Personnel" (I) The General Manager shall propose to the Generating Board the organizational structure and number of employees of each particular classification constituting the staff establishment of the Board, and the Board shall determine such organizational structure and such numbers. of employees of each particular classification after having given full consideration to the proposals of the General Manager. Each such report shall include particulars of the number of employees of each particular classification actually employed within the approved personnel establishment and may include proposals to change the organizational structure or to change the staff structure.
Powers, functions and duties of the Generating Board. Subject to this Act and without derogating from any other provision of this
3) Questions that arise at the Board meeting are determined by a majority of votes of the members present. The agreement made in accordance with Article 132 shall be subject to the approval of the Commission, which is authorized to approve this agreement.
OF ELECTRICITY BY ELECTRICITY AUTHORITIFS Division I-General Conditions Governing the Szpply of
In the event that the supply of electricity to the premises is stopped, the Electricity Authority will remove its electric lines, cables and equipment at its own expense if required by the owner. A consumer shall not erect any consumer's wires over, on, across or in any road except with the approval of the Commission on the recommendation of the Electricity Authority.
PART V-RIGHTS AND POWERS OF ELECTRICITY AUTHORITIES WITH
This article does not apply to the waiver of an easement by an Electricity Authority. (1) (a) An Electricity Authority shall not construct or alter or remove any electrical line or other works on, under or above a railway (as defined in the Railways Act, delegated to the Commissioner of Railways) terminate the construction of a railway line (as so defined), except in the context of an agreement concluded between the Electricity Authority and the Colnnljssioner for Railways.
AND ACCOUNTS OF ELECTRICITY AUTIIORIK'IES Division I-Fti~ds and Bank Accot~nts
The Commission shall then submit the objection and the Electricity Authority's proposal to the Minister for decision, and the Minister's decision shall be final and binding on the Commission and the Electricity Authority. 1) Commission approval must be obtained first. a) before any contract whose value is exceeded.
PART IX-APPROVAL, SALE AND USE OF ELECTRICAL ARTICLES Division I-Prescribed Electricnl Articles
11) (a) Where a person to whom a certificate of approval has been issued for any class, description or type of prescribed electrical article alienates or transfers his business or that part thereof relating to such class, description or type of prescribed electrical article article, to another person, the person to whom such a certificate was issued does not submit a written application to the commission for the transfer of the certificate of approval of the electrical article to the person to whom the business or part of the company is so disposed of or transferred. 5) (a) The Commission may require the applicant to deposit with the application, in addition to the prescribed fee, if any, an amount to be used to pay the cost of the inspection of the electrical article.
PROVISIONS RLLATING TO GENLRATION OR USE
(i) The Commission shall arrange for and bear the costs of any testing it deems necessary to determine whether a cathodic protection system complies with the conditions prescribed or determined by the Commission as a condition of the authority to operate such system. Provided that, if the Commission arranges for any such testing and the installation is found to be in compliance with the conditions of the authority to operate, the cost of such testing shall be borne by the Commission and shall not be recoverable from such holder.
WORKERS AND CONTRACTORS Division I-The Electrical Workers and Contractors Board
All money received by the Board pursuant to this ~ c ^ t must be paid into and form part of the Fund. The board can appoint censors to hold the tests required of it or tests for a fee approved by the minister on the board's recommendation.
PART XIII-SUPE~IANNUATION PROVISIONS
2 j Each member of the Council shall be appointed by the Governor to the Council by way of notice published in the Government Gazette.
