Warning
“Queensland Statute Reprints”
QUT Digital Collections
This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).
This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.
©State of Queensland
ELECTRICITY ACT AMENDMENT ACT 1984-1989
ANALYSIS OF CONTENTS
1. Short title 2. Commencement
3. Principal Act and citation as amended 4-1 88. Amended Principal Act
189. Savings and transitional
QUEENSLAND
ELECTRICITY ACT AMENDMENT ACT 1984-1989
[Reprinted as at 1 January, 19901
Electricity Act Amendment Act 1984, No. 96 As amended by
Reall Property Acts and Other Acts Amendment Act 1986, No, 26, s. 4 Sch.
Statute Law (Miscellaneous Provisions) Act 1989, No. 183, s. 3 Sch.
An Act to amend the Electricity Act 1976-1982 in certain particulars and for related purposes
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short title. This Act may be cited as the Electricity Act Amend- ment Act 1984.
Collective title conferred by Act of 1989, No. 103, s. 3 Sch.
2. Commencement. (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty, and clause 2 of the Schedule to section 189 shall commence also on that day for the limited purpose of the operation of subclause (2) thereof.
(2) Except as provided by subsection (I), this Act shall commence on a day appointed by Proclamation.
(3) (a) Notwithstanding such commencement pursuant to subsection (2), the financial, budgetary, appropriation, banking and audit provisions (hereinafter in this section referred to as "the specified provisions") that are applicable to the Commission and The Queensland Electricity Generating Board in accordance with the provisions of the Electricity Act 1976-1982 immediately prior to the commencement of this Act shall be the provisions applicable to the Commission for the period on and from the commencement of this Act to 30 June next following such commencement.
(b) The Commission, with the consent of the Treasurer first had and obtained, may make such modifications to the specified provisions
2 S. 3 ELECTRICITY ACT AMENDMENT ACT 1984- 1989 Sch.
as it considers necessary to give effect to the operation of paragraph (a).
(c) On and from 1 July next following the commencement of this Act, the specified provisions applicable to the Commission shall be those contained in the Electricity Act 1976-1982 as amended by this Act.
ss. 1, 2 and 189 Sch. cl. 2 (2) commenced on date of Assent.
Act (except as above) commenced 1 January 1985 (Proc. pubd. Gaz. 22 December 1984, p. 2304).
3. Principal Act and citation as amended. ( 1 ) In this Act the Electricity Act 1976-1982 is referred to as the Principal Act.
(2) The Principal Act as amended by this Act may be cited as the Electricity Act 1976-1 984.
4-1188. Amended Principal Act.
1189. Savings and kansitisnal. The savings, vesting and other provisions set out in the Schedule to this section shall have effect as therein provided.
SCHEDULE
1. Reference to Commission, ete. Any reference in any Act, Proclamation, Order in Council, regulation, rule, by-law, ordinance, licence, approval, authority, permit, direction, determination, order, prohibition or other act of executive or administrative authority, or in any agreement, contract, deed or other document, instrument or writing whatsoever before the commencement of this Act to-
(a) The State Electricity Commission of Queensland or The Queensland Electricity Generating Board; or
(b) the State Electricity Commissioner; or (c) a Deputy State Electricity Commissioner
shall, on and from such cornmencement, be read and construed as referring respectively to-
(i) the Queensland Electricity Commission; or (ii) the Electricity Commissioner; or
(iii) the Deputy Electricity Commissioner,
as the case may be, and shall operate and have effect accordingly.
2. Deputy Commissioner (Adminiskation) to be Secretary. (1) The Deputy State Electricity Commissioner in office immediately prior to the commencement of this Act and designated for administrative purposes the Deputy State Electricity Commissioner (Administration) shall on such commencement cease to be Deputy State Electricity Commissioner (Administration) and become by force of this provision the secretary to the Commission and be deemed to be appointed as secretary under the Principal Act as amended by this Act.
Sch. ELECTRICITY ACT AMENDMENT ACT 1984- 1989 Sch. 3
(2) I-Ie shall be paid as secretary a salary to be determined by the Governor in Council prior to the commencement of this Act and payable on and from such commencement:
Provided, however, that such salary shall be not less than the salary he was receiving as Deputy State Electricity Commissioner (Administration) immediately prior to such commencement.
3. Secretary to cease to hold that ofice. The person holding the office of secretary to the Commission immediately prior to the commencement of this Act shall on such commencement cease to be the holder of that office and become by force of this provision an employee of the Commission and be deemed to be appointed as such under section 20 of the Principal Act as amended by this Act:
Provided, however, that as such employee he shall be paid a remuneration at a rate not less than that appropriate to the salary classification on which he was employed as secretary immediately prior to the commencement of this Act.
4. Disposition of moneys in sundry Funds. (1) Moneys standing to the credit of-
(a) The Electricity Trust Fund; and
(b) the Operating Fund of The Queensland Electricity Generating Board
immediatly prior to the commencement of this Act are, on such commencement, moneys standing to the credit of the Electricity Fund and shall be transferred to such lastmentioned Fund accordingly.
(2) Moneys standing to the credit of-
(a) the Wivenhoe Pumped Storage Construction Fund; and (b) the Capital Works Fund of The Queensland Electricity
Generating Board
immediately prior to the commencement of this Act are, on such commencement, moneys standing to the credit of the Electricity Works Fund and shall be transferred to such lastmentioned Fund accordingly.
(3) Moneys standing to the credit of the Special Fund of The Queensland Electricity Generating Board immediately prior to the commencement of this Act shall be dissected according to the purpose for which the sundry amounts constituting those moneys were provided and on such commencement shall be moneys standing to the credit respectively of the Electricity Fund, the Electricity Works Fund or a departmental account subsidiary to the public accounts as is appropriate in accordance with such dissection, and the respective amounts of those moneys shall be transferred to the appropriate Funds or accounts accordingly.
(4) Moneys standing to the credit of the Trust Fund of The Queensland Electricity Generating Board immediately prior to the commencement of this Act shall on such commencement be trust
4 Sch. ELECTRICITY ACT AMENDMENT ACT 1984-1 989 Sch.
moneys held by the Commission and shall be transferred to such Fund or account as is appropriate accordingly.
(5) Upon the transfer of the moneys and amounts referred to in this clause in accordance with this clause, the Funds from which they are transferred shall cease to be Funds.
5. Vesting of property, etc., of Generating Board in Commission.
(1) In this clause and, in respect of paragraphs (a) and (b), hereafter in this Schedule-
(a) The Queensland Electricity Generating Board is referred to as "the Board";
(b) the Queensland Electricity Commission is referred to as
"the Commission";
(c) "undertaking9' has the meaning that it has pursuant to section 6 of the Principal Act with respect to the Board.
(2) On the commencement of this Act-
(a) the undertaking of the Board shall be divested from it and shall vest in the Commission;
(b) all real and personal property, and every right, title, estate or interest therein and all management or control of anything that immediately prior to the commencement of this Act was vested in or belonged to the Board shall, without transfer, assignment or conveyance or notice other than this Act, vest in and belong to the Commission;
(c) all moneys and liquidated and unliquidated claims that immediatly prior to the commencement of this Act were payable to or recoverable by the Board shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Commission;
(d) all suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of this Act by or against the Board may be carried on and prosecuted by or against the Commission, and no such suit, action or proceeding shall abate or be prejudically affected by this Act;
(e) all contracts, agreements and undertakings entered into with, and all securities lawfully given to or by, the Board existing at the commencement of this Act shall be deemed to be contracts, agreements and undertakings entered into with, and securities given to or by, the Commission, and may be enforced by or against the Commission accordingly;
(f) all debts due and moneys payable by the Board and all liquidated and unliquidated claims recoverable against the Board shall be debts due and moneys payable by and claims recoverable against the Commission;
(g) the duty and the right of the Board referred to in section 65 (4) of the Electricity Act Amendment Act 1980 shall be
ELECTRICITY ACT AMENDMENT ACT 1984-1 989 Sch. 5
the duty and the right of the Commission in respect of the agreement referred to in the said section 65 and, in relation thereto, the Commission may do anything that is incidental to the performance of the duty or the exercise of the right as provided in subsection (5) of the said section in respect of .the Board.
(3) Neither the commencement of this Act nor any provision of this Act pre'udicially affects any security, rights, powers, authorities and
t'
remedies o any holder of a bond, debenture, mortgage, deed or other security given by the Board prior to the commencement of this Act, but every such holder shall have and continue to have during the currency of his bond, debenture, mortgage, deed or other security the same rights, powers and remedies in respect of the electricity undertaking and other assets of the Commission and the revenue therefrom as if the bond, debenture, mortgage, deed or other security had been given by the Commission instead of by the Board.
(4) (a) The Registrar of Titles, Registrar of Dealings or other person required by any Act or law to make any recordings in a register or to enter any note or memorial on any instrument of title to land on receiving notice thereof shall, upon the written request of the Commission, register the Commission for or with respect to any right, title, estate or interest in land that vests in it pursuant to this clause, and for that purpose may make every recording, entry, cancellation and correction in any register, record or book in his custody or under his control and do and execute such other acts, matters and things as shall to him appear necessary and proper.
(b) In any case where a written request is in respect of the vesting of an easement, production of the instrument of title to the land in question and the duplicate and triplicate of the instrument creating the easement is not required when such request is made, and the said Registrar of Titles, Registrar of Dealings or other person is authorized to make any necessary entries on the instrument of title and the duplicate and triplicate of the instrument creating the easement when the instrument of title or the said duplicate or triplicate is next produced to him.
6. Employees of Board to be employees of Commission. (1) (a) The person holding the office of General Manager of the Board immediately prior to the commencement of this Act shall on such commencement cease to be the holder of that office and become by force of this provision an employee of the Commission and be deemed to be appointed as such under section 20 of the Principal Act as amended by this Act.
(b) He shall be called the General Manager of the generation and transmission undertaking of the Commission and be paid a remuneration at a rate not less than that appropriate to the salary classification on which he was employed as General Manager of the Board immediately prior to such commencement.
(c) He shall not be removed from office as such an employee of the Commission save by the Governor in Council for misbehaviour or
6 Sch. ELECTRICITY ACT AMENDMENT ACT 1984-1 989 Sch.
incapacity or other reason appearing to the Governor in Council to be sufficient for so doing.
(2) The person holding the office of secretary to the Board immediately prior to the commencement of this Act shall on such commencement cease to be the holder of that office and become by force of this provision an employee of the Commission and be deemed to be appointed as such under section 20 of the Principal Act as amended by this Act:
Provided, however, that as such employee he shall be paid a remuneration at a rate not less than that appropriate to the salary classification on which he was employed as secretary to the Board immediately prior to the commencement of this Act.
(3) (a) Subject to subclauses (1) and (2), every person employed in a full time capacity by the Board immediately prior to the commencement of this Act shall on such commencement cease to be an employee of the Board and become by force of this provision an employee of the Commission and, subject to the provisions of this subclause, be deemed to be appointed as such under section 20 of the Principal Act as amended by this Act.
(b) Such a person shall on the commencement of this Act be entitled to continue to be paid a remuneration at a rate not less than that appropriate to the salary or wages classification on which he was employed as an employee of the Board immediately prior to such commencement.
(c) Paragraph (b) applies notwithstanding that such an employee is required by the Commission to accept and perform the duties of a position having a lower rate of salary or wages than that of the position held by him as an employee of the Board immediately prior to the commencement of this Act.
(d) A person who becomes an employee of the Commission pursuant to this subclause may at his own request be assigned to a position having a lower rate of salary or wages than that of the position held by him as an employee of the Board, and in such a case he shall be paid the salary or wages appropriate to the position to which he is assigned.
7. Report and financial statements of Board for period up to commencement s f this Act. (1) The Commissioner shall cause an annual report and annual financial statements of the Board or, if the case so requires, a report and financial statements up to the close of business on the day immediately prior to the commencement of this Act to be prepared as soon as practicable after such commencement.
(2) In the preparation of the report and financial statements, regard shall be had to the provisions of the Principal Act with respect to the preparation and audit of financial statements and the preparation and submission to the Commission by the Board of an annual report without
Sch. ELECTRICITY ACT AMENDMENT ACT 1984-1 989 Sch. 7
reference to any amendments thereof pursuant to this Act, and those provisions shall be observed to the extent of their applicability.
8. Certain certificates void and of no effect. Notwithstanding the provisions of section 268c (6) of the Principal Act as inserted by this Act, any certificate of approval issued pursuant to the provisions of The Electrical Approvals Regulations, 1962 that pursuant to the Principal Act continued in force and is in force immediately prior to the commencement of this Act shall, on such commencement, be void and of no effect.
9. Finalization of certain applications for approval, etc. Any application for approval of a prescribed electrical article made pursuant to Division I of Part IX of the Principal Act prior to the commencement of this Act and not finally determined by the Commission at the time of such commencement and any other matter relating to a prescribed electrical article commenced pursuant to that Division prior to the commencement of this Act and not finalized by the Commission at the time of such commencement may be determined or finalized in accordance with the provisions of that Division as it was enacted prior to such commencement within the period referred to in section 262 (4) of the Principal Act as inserted by this Act as if that Division had not been repealed by this Act.
PO. Provision may be made by Governor in Council in certain cases.
If in any case in respect of the transition from the law in force under the Principal Act before the commencement of this Act to the provisions of the Principal Act as amended by this Act it appears to the Governor in Council that no provision or no sufficient provision is made to effectuate such transition, he may by Order in Council make such provision as he thinks fit with respect thereto providing for and supplying such omission or insufficiency, and such provision shall have effect accordingly.
11. Acts Interpretation Act not affected. Nothing in this Schedule limits the operation and effect of the Acts Interpretation Act 1 954- 1 977.
As amended by Act of 1986, No. 26, s. 4 (1) Sch.; Act of 1989, No. 103, s. 3 Sch.
BY AUTHORITY
S . R. HAMPSON, GOVERNMENT PRINTER, QUEENSLAND-1990
