AustLII Tasmanian Numbered Acts

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ELECTRICITY REFORM ACT 2012 (NO. 52 OF 2012) - SECT 8

Ministerial power of direction

(1)  The shareholding Ministers, by notice in writing to a State-owned electricity entity, may jointly issue a direction to the entity to ensure that –
(a) the electricity reform objectives are achieved; or
(b) the electricity reform measures are implemented.
(2)  Without limiting the generality of subsection (1) , a direction issued under that subsection to a State-owned electricity entity may require the entity to –
(a) take the action specified in the direction; or
(b) take all reasonable steps to comply with the direction.
(3)  Without limiting the generality of subsection (1) , a direction issued under that subsection to a State-owned electricity entity may require the entity to direct a subsidiary of the entity to take an action, or cease to take an action, that –
(a) is specified in the direction issued under subsection (1) ; or
(b) the entity, or the board of directors of the entity, thinks is necessary or convenient to assist in the carrying out of the direction issued under subsection (1) .
(4)  If a direction is issued to a State-owned electricity entity under subsection (1)  –
(a) the State-owned electricity entity; and
(b) the board of directors and the chief executive officer of the State-owned electricity entity; and
(c) all officers of the State-owned electricity entity –
must comply with the direction and may do all things necessary or convenient to ensure the direction is complied with.
(5)  Without limiting the generality of subsection (4) , a State-owned electricity entity to which a direction is issued under subsection (1) , and the board of directors of the State-owned electricity entity, may direct a subsidiary of the entity to take an action, or to cease to take an action, specified in the direction to the subsidiary, that –
(a) is specified, in the direction issued under subsection (1) , as a direction that the entity is to issue to the subsidiary; or
(b) the entity or the board of directors thinks is necessary or convenient to assist in the carrying out of the direction issued under subsection (1) .
(6)  If a direction is issued to a subsidiary of a State-owned electricity entity under subsection (5) by a State-owned electricity entity or the board of directors of a State-owned electricity entity –
(a) the subsidiary; and
(b) the board of directors and the chief executive officer of the subsidiary; and
(c) all officers of the subsidiary –
must comply with the direction and may do all things necessary or convenient to ensure the direction is complied with.
(7)  If a direction is issued under subsection (1) to a State-owned electricity entity, details of the direction are to be published in the annual report of the entity.
(8)  If a direction is issued to a subsidiary of a State-owned electricity entity under subsection (5) , details of the direction are to be published in the annual report of the subsidiary, or, if there is no such annual report, the annual report of the State-owned electricity entity.



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