Victorian Numbered Acts Victorian Numbered ActsAfter Part 10 of the Gas Industry Act 2001 insert —
In this Part—
current VENCorp transmission determination has the same meaning as in section 34 of the National Electricity (Victoria) Act 2005 ;
"Dispute resolution panel" has the same meaning as in the National Gas (Victoria) Law;
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
"property" 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;
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
"specified code or specified code provision" means—
(a) a specified code or guideline (within the meaning of Division 3 of Part 6 of the National Gas (Victoria) Act 2008 ); or
(b) a specified VENCorp provision (within the meaning of Division 3 of Part 6 of the National Gas (Victoria) Act 2008 ); or
(c) a specified code or guideline (within the meaning of Division 3 of Part 5 of the National Electricity (Victoria) Act 2005 ); or
(d) a specified VENCorp provision (within the meaning of Division 3 of Part 5 of the National Electricity (Victoria) Act 2005 );
"transferred employee" means an employee transferred to AEMO by force of this Part;
"transition day" means the day on which section 34 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 comes into operation;
"tribunal" includes the Dispute resolution panel;
"VENCorp" means the Victorian Energy Networks Corporation continued under Part 8 as in force immediately before the transition day.
(1) On the transition day—
(a) VENCorp is abolished; and
(b) any person holding office as a director of VENCorp ceases to hold office.
(2) On the transition day—
(a) AEMO is the successor in law of VENCorp; and
(b) all rights, property and assets that were vested in VENCorp immediately before the transition day vest, by force of this section, in AEMO; and
(c) all debts, liabilities and obligations of VENCorp become, by force of this section, debts, liabilities and obligations of AEMO; and
(d) AEMO is, by force of this section, substituted as a party to any proceedings pending in any court or tribunal to which VENCorp was a party immediately before the transition day; and
(e) AEMO is, by force of this section, substituted as a party to any arrangement or contract entered into by or on behalf of VENCorp as a party and in force immediately before the transition day; and
(f) any reference to VENCorp in any Act or law or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed, will or other document other than a specified code or specified code provision or the current VENCorp transmission determination is, so far as it relates to any period after the transition day and if not inconsistent with the context or subject matter, construed as a reference to AEMO.
(1) A person who was an employee of VENCorp immediately before the transition day is to be regarded as—
(a) having been employed by AEMO with effect from the transition day; and
(b) having been employed by AEMO on the same terms and conditions as those that applied to the person, immediately before the transition day, as an employee of VENCorp; and
(c) having accrued an entitlement to benefits, in connection with that employment by AEMO, that is equivalent to the entitlement that the person had accrued, as an employee of VENCorp, immediately before the transition day.
(2) The service of a transferred employee as an employee of AEMO is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the transition day, as an employee of VENCorp.
(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of VENCorp because of this Part.
(4) Nothing in this section prevents—
(a) any terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect from any time after the transition day; or
(b) a transferred employee from resigning or being dismissed at any time after the transition day in accordance with the then existing terms and conditions of his or her employment by AEMO.
(1) AEMO must comply with any accountability and reporting obligations under Part 7 of the Financial Management Act 1994 in relation to VENCorp's transferred assets and liabilities for the financial year ending 30 June 2009 as if—
(a) a reference in Part 7 of that Act to a public body were a reference to AEMO; and
(b) a reference in Part 7 of that Act to an accountable officer were a reference to the chief executive officer of AEMO.
(2) AEMO, in the report required under Part 7 of the Financial Management Act 1994 because of subsection (1), must include—
(a) a copy of each direction given to VENCorp during the financial year ending 30 June 2009 under section 163 or 171 (as in force immediately before their repeal by section 30 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 ), together with a statement of VENCorp's response to each direction; and
(b) a copy of the statement of corporate intent last completed by VENCorp before the commencement of section 30 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 .
(3) In this section—
"VENCorp's transferred assets and liabilities" means the assets and liabilities transferred to AEMO under this Part.
No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of VENCorp.
(1) Nothing effected by this Part or suffered under this Part—
(a) is to be taken as placing any person in breach of contract or confidence, or as otherwise exposing the person to civil liability; or
(b) is to be taken as placing any person in breach of, or as constituting a default under, any Act or other law or any provision in any agreement, arrangement or understanding including, but not limited to, any provision prohibiting or restricting the assignment or transfer of any property or right or the disclosure of any information; or
(c) is to be taken as fulfilling any condition which allows a person to exercise a power, right or remedy in respect of, or to terminate, any agreement or obligation; or
(d) is to be taken as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or
(e) is to be taken as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be taken as frustrating any contract; or
(g) releases any surety or other obligor wholly or in part from any obligation.
(2) In this section "Act" does not include the Charter of Human Rights and Responsibilities Act 2006 .
To the extent that any provision of this Part is incapable of concurrent operation with a provision of the Corporations Act (a designated Commonwealth provision ), the provision of this Part is declared to be a Corporations legislation displacement provision for the purposes of section 5G of that Act in relation to the designated Commonwealth provision.
Note
Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
(1) The Governor in Council may make regulations for or with respect to matters of a savings or transitional nature consequent on the enactment of this Part.
(2) Regulations made under this section may have a retrospective effect to a day on or after the transition day.
(3) This section expires on the first anniversary of the transition day.
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See:
Act No.
70/2007.
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