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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Gas Corporation (Business Disposal) Bill 1999 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Definitions 3 4. Crown bound 3 Part 2 -- The disposal 5. Disposal of business and property authorized 4 6. Minister may order disposal 5 7. Minister may give directions to corporation 5 8. Corporation to comply with directions 7 9. General powers 7 10 . Corporate vehicle's constitution to contain certain provisions 8 11 . Cornerstone investor's share entitlement to be frozen for 2 years 9 12 . Restrictions on share dealings for 2 years 10 13 . Liability of management for offence by body corporate 11 page i 116--3 Gas Corporation (Business Disposal) Bill 1999 Contents Part 3 -- Implementing disposal and ancillary matters Division 1 -- Transfer orders 14 . Definitions 12 15 . Minister may make transfer orders 13 16 . Consequences of transfer order 14 17 . Completion of necessary transactions 15 18 . Contracts arising from certain internal arrangements of corporation 15 19 . Arrangements for custody and use of records 16 20 . Registration of documents 16 21 . Rectifying error in transfer order 17 Division 2 -- Other matters 22 . Assignable nature of the assets 17 23 . Benefits of easements assignable 18 24 . Use of corporation's staff and facilities 18 25 . Consumer contracts 19 26 . Proceeds of disposal 20 27 . Disclosure of information 20 28 . Auditor General may disclose information 21 29 . Offence of disclosing information 22 30 . Saving 22 31 . State indemnities and guarantees 23 32 . State takeover of certain obligations 23 33 . Regulations 24 Part 4 -- Transitional provisions 34 . Purpose of this Part 25 35 . Subsidiary to have corporation's powers and duties 25 36 . Modification of other written laws 25 page ii Gas Corporation (Business Disposal) Bill 1999 Contents Part 5 -- Miscellaneous 37 . Auditor General to report on certain matters 26 38 . Regulations 26 Part 6 -- Effect on other Acts Division 1 -- Provisions commencing on Royal Assent Subdivision 1 -- Aboriginal Heritage Act 1972 39 . Section 18 amended 28 Subdivision 2 -- Dampier to Bunbury Pipeline Act 1997 40 . The Act amended 29 41 . Section 34 amended 29 42 . Section 43 repealed 29 43 . Schedule 3 repealed 29 44 . Schedule 4 amended 30 Subdivision 3 -- Electricity Corporation Act 1994 45 . Section 38A inserted 30 Subdivision 4 -- Energy Coordination Act 1994 46 . The Act amended 31 47 . Section 3 amended 31 48 . Section 11M amended 32 49 . Sections 24A inserted 32 50 . Section 26 amended 33 51 . Schedule 1 amended 34 52 . Schedule 3 inserted 35 Subdivision 5 -- Energy Corporations (Powers) Act 1979 53 . The Act amended 41 54 . Section 56 repealed 41 55 . Section 57 amended 41 page iii Gas Corporation (Business Disposal) Bill 1999 Contents 56 . Section 66 amended 42 Subdivision 6 C Gas Corporation Act 1994 57 . The Act amended 42 58 . Section 3 amended 42 59 . Section 7 amended 43 60 . Section 89A inserted 43 61 . Section 96A inserted 44 Subdivision 7 -- Gas Pipelines Access (Western Australia) Act 1998 62 . The Act amended 45 63 . Section 90 amended 45 64 . Section 94 amended 46 Subdivision 8 -- Gas Standards Act 1972 65 . The Act amended 47 66 . Section 15 amended 47 Subdivision 9 -- Local Government Act 1995 67 . Presence of pipeline does not constitute occupation of land 47 Subdivision 10 -- Town Planning and Development Act 1928 68 . Section 20 amended 48 Division 2 -- Provisions commencing immediately before corporation or a subsidiary is licensed under the Energy Coordination Act 1994 Subdivision 1 -- Dampier to Bunbury Pipeline Act 1997 69 . The Act amended 48 70 . Section 33 amended 49 71 . Section 34 amended 49 72 . Schedule 4 amended 50 Subdivision 2 -- Energy Coordination Act 1994 73 . The Act amended 50 page iv Gas Corporation (Business Disposal) Bill 1999 Contents 74 . Section 6 amended 50 75 . Section 11ZO amended 50 Subdivision 3 -- Energy Corporations (Powers) Act 1979 76 . The Act amended 51 77 . Long title amended 51 78 . Section 1 amended 51 79 . Section 4 amended 51 80 . Section 45 amended 52 81 . Section 55 amended 52 82 . Section 120 amended 52 83 . Various references to "corporation" amended 52 Subdivision 4 -- Gas Standards Act 1972 84 . Section 4 amended 56 Subdivision 5 -- Gas Undertakings Act 1947 85 . Repeal 56 Subdivision 6 -- Town Planning and Development Act 1928 86 . Section 27A amended 56 Subdivision 7 -- Various Acts amended 87 . Miscellaneous amendments 57 Division 3 -- Provisions commencing on completion of disposal Subdivision 1 -- Dampier to Bunbury Pipeline Act 1997 88 . Section 5 replaced 58 Subdivision 2 -- Energy Corporations (Powers) Act 1979 89 . The Act amended 58 90 . Section 4 amended 58 91 . Section 123 amended 59 92 . Section 124 amended 59 page v Gas Corporation (Business Disposal) Bill 1999 Contents Subdivision 3 -- Gas Corporation Act 1994 93 . Repeal 60 94 . Winding up of affairs of Gas Corporation 60 Subdivision 4 -- Gas Pipelines Access (Western Australia) Act 1998 95 . The Act amended 61 96 . Section 74 amended 61 Subdivision 5 -- Gas Standards Act 1972 97 . The Act amended 62 98 . Section 4 amended 62 99 . Section 15 amended 62 Subdivision 6 -- Various Acts amended 100 . Constitution Acts Amendment Act 1899 62 101 . Equal Opportunity Act 1984 63 102 . Explosives and Dangerous Goods Act 1961 63 103 . Government Employees Superannuation Act 1987 63 104 . Land Administration Act 1997 63 105 . Metropolitan Region Town Planning Scheme Act 1959 64 106 . Public Sector Management Act 1994 64 107 . Public Works Act 1902 64 108 . Superannuation and Family Benefits Act 1938 64 Division 4 -- Provision commencing on 1 January 2000 109 . Section 26 amended 65 Division 5 -- Provisions commencing when ringfencing obligations apply Subdivision 1 -- Gas Corporation Act 1994 110 . Part 6 repealed 66 Subdivision 2 -- Gas Pipelines Access (Western Australia) Act 1998 111 . Section 39 affected 66 page vi Gas Corporation (Business Disposal) Bill 1999 Contents Defined Terms page vii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Gas Corporation (Business Disposal) Bill 1999 A Bill for An Act to provide for -- • the disposal of the Gas Corporation's business, and of associated things, and of other things belonging to the Gas Corporation; • the assignment of things to give effect to the disposal; • the winding up of the Gas Corporation, and for related matters. The Parliament of Western Australia enacts as follows: page 1 Gas Corporation (Business Disposal) Bill 1999 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Gas Corporation (Business Disposal) Act 1999. 5 2. Commencement (1) Unless this section specifies otherwise, the provisions of this Act come into operation on the day on which it receives the Royal Assent. (2) Part 6 Division 2 is deemed to have come into operation 10 immediately before a distribution licence is granted to the corporation or a subsidiary of the corporation under Part 2A of the Energy Coordination Act 1994. (3) The notice of the grant of a distribution licence to the corporation or a subsidiary of the corporation that is published 15 in the Gazette under section 11T of the Energy Coordination Act 1994 is to contain a statement as to the effect of subsection (2). (4) Section 21 of the Interpretation Act 1984 does not apply to the coming into operation of Part 6 Division 2. 20 (5) Part 6 Division 3 comes into operation on a day fixed by proclamation. (6) The day fixed under subsection (5) is to be the day on which the disposal referred to in section 5(1) is in the Minister's opinion substantially complete. 25 (7) Part 6 Division 4 comes into operation on 1 January 2000. page 2 Gas Corporation (Business Disposal) Bill 1999 Preliminary Part 1 s. 3 (8) Part 6 Division 5 does not come into operation unless the day fixed under subsection (5) is later than 1 July 2002 in which case Part 6 Division 5 comes into operation on 1 July 2002. 3. Definitions 5 In this Act, unless the contrary intention appears -- "acquire", "dispose of" and "entitled", in relation to shares or other securities in the corporate vehicle, have the same meanings as they have in Chapter 6 of the Corporations Law; 10 "cornerstone investor" has the meaning given by section 5(5)(a); "corporate vehicle" has the meaning given by section 5(2); "corporation" means the Gas Corporation established by the Gas Corporation Act 1994; 15 "section 6 disposal" means a disposal for which an order has been made under section 6; "securities", in relation to the corporate vehicle, has the meaning given by section 92 of the Corporations Law; "specified percentage" has the meaning given by 20 section 5(5)(a); "subsidiary" means a body that would be a subsidiary of the corporation within the meaning of the Corporations Law if the corporation were a body corporate to which the Corporations Law applied. 25 4. Crown bound This Act binds the Crown. page 3 Gas Corporation (Business Disposal) Bill 1999 Part 2 The disposal s. 5 Part 2 -- The disposal 5. Disposal of business and property authorized (1) A business carried on by the corporation, anything associated with such a business, and anything else belonging to the 5 corporation may be disposed of by the corporation or the State in accordance with an order under section 6. (2) The disposal is to be through an intermediary being a body incorporated under the Corporations Law (the "corporate vehicle"). 10 (3) The Under Treasurer is to cause the necessary steps to be taken on behalf of the State for the creation of the corporate vehicle. (4) For the purposes of the disposal the Minister and the corporation may each, on behalf of the State -- (a) receive an allotment and issue of, or otherwise acquire, 15 securities in the corporate vehicle; and (b) hold and dispose of any securities so acquired. (5) The Minister must provide, by order under section 6 -- (a) for a person (the "cornerstone investor") to become entitled to a percentage specified by the order (the 20 "specified percentage") of the shares in the corporate vehicle through a tender process described in the order; and (b) for the shares in the corporate vehicle, other than those to which the cornerstone investor becomes entitled, to 25 be offered to the public through an application or subscription, and allocation, process described in the order. (6) The specified percentage must not be less than 40% or more than 49%. page 4 Gas Corporation (Business Disposal) Bill 1999 The disposal Part 2 s. 6 (7) An order under section 6 cannot have the effect of allowing any person to become entitled to more than 49% of the shares in the corporate vehicle. (8) Section 12(3) does not apply to an acquisition of shares under 5 subsection (4). 6. Minister may order disposal (1) The Minister may make an order for the disposal referred to in section 5(1). (2) An order under this section may include provisions as to details 10 of the disposal, and may deal with incidental and supplementary matters. (3) The Minister may make an order to vary or revoke a previous order under this section at any time before effect has been given to it. 15 (4) The Minister is to cause an order under this section to be published in the Gazette. (5) The Minister must obtain the Treasurer's approval before making an order under this section. 7. Minister may give directions to corporation 20 (1) The Minister may give directions in writing to the corporation for the purpose of bringing about a section 6 disposal. (2) Without limiting subsection (1), a direction under that subsection may require the corporation -- (a) to form or acquire a subsidiary; 25 (b) to assign to a subsidiary specified assets, liabilities or undertakings; page 5 Gas Corporation (Business Disposal) Bill 1999 Part 2 The disposal s. 7 (c) to dispose of its shares in a subsidiary either generally or to a specified person; (d) to assign to the corporate vehicle specified assets, liabilities or undertakings; 5 (e) to dispose of its securities in the corporate vehicle either generally or to a specified person; (f) to dispose of other specified assets, liabilities or undertakings either generally or to a specified person; (g) to reorganize its affairs in anticipation of anything that is 10 to be done under this Act. (3) Without limiting subsection (1), a direction under that subsection may require the corporation -- (a) to allow the whole or part of its functions under this Act to be performed on its behalf by; and 15 (b) to act in accordance with the instructions of, a committee of persons appointed by the Minister and given responsibility for the conduct of the disposal and related matters. (4) The Minister is to cause the text of any direction under 20 subsection (1) to be laid before each House of Parliament within 14 days after the direction is given, and section 96 of the Gas Corporation Act 1994 applies as if subsection (1)(a) of it included a reference to this subsection. (5) The annual report in respect of the corporation must include 25 particulars of any direction under subsection (1) as if section 64(1)(c) of the Gas Corporation Act 1994 included a reference to a direction of that kind. page 6 Gas Corporation (Business Disposal) Bill 1999 The disposal Part 2 s. 8 8. Corporation to comply with directions (1) The corporation has a duty to comply with a direction given to it under section 7(1). (2) The duty imposed by subsection (1) is to be regarded as a 5 function of the corporation under the Gas Corporation Act 1994, and if there is a conflict or inconsistency between that duty and -- (a) any duty imposed by that Act; or (b) any provision of that Act, 10 the duty imposed by subsection (1) prevails. (3) Section 7 applies despite section 6(a) of the Statutory Corporations (Liability of Directors) Act 1996. 9. General powers (1) The Minister -- 15 (a) may do, in the State or elsewhere, anything necessary or convenient for the purposes of this Act; (b) may enter into an agreement on behalf of the State for, or in relation to, the disposal by the corporation or a subsidiary of anything referred to in section 5(1). 20 (2) Without limiting the powers of the corporation under the Gas Corporation Act 1994 as read with section 8, the corporation or a subsidiary -- (a) may do, in the State or elsewhere, anything necessary or convenient for the purposes of this Act; 25 (b) may enter into an agreement for, or in relation to, the disposal of anything referred to in section 5(1). page 7 Gas Corporation (Business Disposal) Bill 1999 Part 2 The disposal s. 10 10. Corporate vehicle's constitution to contain certain provisions (1) The constitution of the corporate vehicle must -- (a) require the corporate vehicle to be incorporated in 5 Western Australia; (b) require that the head office of the corporate vehicle, that is the place where central management and control of the corporate vehicle are exercised, be located in Western Australia; 10 (c) require that -- (i) at least a majority of the board of directors of the corporate vehicle; and (ii) the chief executive officer, while holding office be ordinarily resident in Western 15 Australia; and (d) prohibit the alteration of anything in its constitution that is required by this subsection. (2) If the constitution of the corporate vehicle does not comply with subsection (1), it is to be regarded as having been amended to 20 include the provisions required by that subsection and the constitution of the corporate vehicle lodged under the Corporations Law is to be regarded as being the constitution as so amended. (3) A purported alteration of the constitution of the corporate 25 vehicle that would have the effect that the constitution would not comply with subsection (1) has no effect. (4) A resolution of the corporate vehicle that -- (a) would, if acted on, result in a contravention of subsection (1) or a provision of its constitution that is 30 required by that subsection; or page 8 Gas Corporation (Business Disposal) Bill 1999 The disposal Part 2 s. 11 (b) purports to ratify an act or omission that contravenes subsection (1) or a provision of its constitution that is required by that subsection, has no effect. 5 (5) This section applies at all times, whether before, on or after the day fixed under section 2(5). 11. Cornerstone investor's share entitlement to be frozen for 2 years (1) A person must not acquire or dispose of shares, or an interest in 10 shares, in the corporate vehicle within 2 years after that person or another person becomes the cornerstone investor if the acquisition or disposal would have the result that the cornerstone investor's entitlement to shares in the corporate vehicle would become more than, or less than, the specified 15 percentage. (2) The acquisition or disposal of shares, or an interest in shares, in the corporate vehicle within the period mentioned in subsection (1) does not contravene that subsection if it is permitted by the Minister by notice published in the Gazette. 20 (3) Permission given by a notice under subsection (2) may be expressed to apply generally or to only apply to such circumstances as are set out in the notice. (4) A person who contravenes subsection (1) commits an offence. Penalty: $200 000 or imprisonment for 12 months. 25 (5) A contract, dealing or other transaction is not unenforceable, voidable, or void merely because it was contrary to this section. page 9 Gas Corporation (Business Disposal) Bill 1999 Part 2 The disposal s. 12 12. Restrictions on share dealings for 2 years (1) A person must not (whether as principal or agent) apply for shares in the corporate vehicle in a public float if the acquisition of those shares would have the result -- 5 (a) that the cornerstone investor's entitlement to shares in the corporate vehicle would become more than the specified percentage; or (b) that any person would be entitled to more than 5% of the shares in the corporate vehicle. 10 Penalty: $200 000 or imprisonment for 12 months. (2) Subsection (1) does not apply to the issue or purchase of shares under an underwriting agreement entered into to facilitate the sale of shares in the corporate vehicle by a public float. (3) A person must not acquire shares in the corporate vehicle in any 15 other way than on an application described in subsection (1) if any person (other than the cornerstone investor) who -- (a) is not entitled to any shares in the corporate vehicle; or (b) is entitled to less than 5% of the shares in the corporate vehicle, 20 would, immediately after the acquisition, be entitled to more than 5% of the shares in the corporate vehicle. Penalty: $200 000 or imprisonment for 12 months. (4) Subsection (3) does not apply to an acquisition occurring at least 2 years after the day on which a person becomes the 25 cornerstone investor. (5) A contract, dealing or other transaction is not unenforceable, voidable, or void merely because it was contrary to this section. page 10 Gas Corporation (Business Disposal) Bill 1999 The disposal Part 2 s. 13 13. Liability of management for offence by body corporate (1) If a body corporate commits an offence under section 11 or 12, each of the body's officers also commits the offence unless it is proved that -- 5 (a) the offence was committed without the officer's consent or connivance; and (b) the officer exercised all due diligence to prevent the commission of the offence that ought to have been exercised having regard to the nature of the officer's 10 functions and to all the circumstances. (2) In subsection (1) -- "officer", in relation to a body corporate, means -- (a) a director or secretary of the body; (b) a person regarded under the Corporations Law as a 15 person in accordance with whose directions or instructions a director or the directors of the body are accustomed to act; or (c) a person who is concerned in the management of the body, whether as an employee or in any other 20 capacity. page 11 Gas Corporation (Business Disposal) Bill 1999 Part 3 Implementing disposal and ancillary matters Division 1 Transfer orders s. 14 Part 3 -- Implementing disposal and ancillary matters Division 1 -- Transfer orders 14. Definitions In this Division, unless the contrary intention appears -- 5 "asset" means property of any kind whether tangible, intangible, real, or personal and, without limiting that meaning, includes -- (a) any chose in action or goodwill; or (b) any right, interest, or claim of any kind, 10 whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective; "assignee" means the person specified in a transfer order as -- 15 (a) the person to whom anything is assigned; or (b) the person a reference to whom has to be treated as being substituted for a reference to the corporation in an agreement or instrument in order to give effect to section 16(1)(b); 20 "liability" means any liability, duty or obligation -- (a) whether actual, contingent or prospective, liquidated or unliquidated; or (b) whether owed alone or jointly or jointly and severally with any other person; 25 "right" means any right, power, privilege or immunity whether actual, contingent or prospective, but does not include any privilege or immunity enjoyed as an agent of the Crown except in so far as it relates to anything done or omitted to be done before the transfer time; page 12 Gas Corporation (Business Disposal) Bill 1999 Implementing disposal and ancillary matters Part 3 Transfer orders Division 1 s. 15 "transfer order" means an order under section 15, as amended under that section or corrected under section 21 if applicable; "transfer time" means the transfer time specified in a transfer 5 order. 15. Minister may make transfer orders (1) For the purpose of doing anything in preparation for, or giving effect to, a section 6 disposal, the Minister may make and publish in the Gazette an order that -- 10 (a) specifies a time, being not before the day the order is published, to be the transfer time for that order; (b) specifies any asset or liability of the corporation that, by operation of section 16, is to be assigned to the person specified in the order; 15 (c) specifies proceedings in which the person specified in the order is to be substituted for the corporation as a party; and (d) specifies any agreement or instrument relating to anything assigned that, by operation of section 16, is to 20 have effect as if, unless otherwise expressly specified in the order, references to the assignee were substituted for references in it to the corporation. (2) If the transfer time is specified by reference to when a thing is done, the Minister is to cause notice to be published in the 25 Gazette of the time when that thing was done and that thing is to be regarded as having been done at that time unless the contrary is proved. (3) An order under subsection (1) may allocate a value to an asset, a liability, a class of assets or a class of liabilities. page 13 Gas Corporation (Business Disposal) Bill 1999 Part 3 Implementing disposal and ancillary matters Division 1 Transfer orders s. 16 (4) The transfer order may specify things by reference to schedules which -- (a) need not be published in the Gazette; but (b) must be available for public inspection, 5 and anyone or anything specified in a schedule is to be taken to be specified in the order. (5) Anyone or anything may be specified in a transfer order by describing the person or thing as a member of a class. (6) Before a transfer order is made specifying anything by reference 10 to a schedule, a copy of which will be required to be delivered to a relevant official under section 20, the Minister is to consult as to the form and content of the schedule with the relevant official (or each relevant official if there is more than one). (7) The transfer order, or a schedule to which it refers, may, with 15 the consent of the assignee, be amended by the Minister, by further order published in the Gazette, but no such amendment may be made after the transfer time. (8) An order under this section and any schedule to which it refers is to be signed by the Minister. 20 16. Consequences of transfer order (1) If a transfer order is made then, except as may be otherwise agreed between the Minister and the assignee -- (a) at the transfer time -- (i) an asset that is specified is, by operation of this 25 section, assigned to the assignee; (ii) a liability that is specified is, by operation of this section, assigned to and becomes a liability of the assignee; and page 14 Gas Corporation (Business Disposal) Bill 1999 Implementing disposal and ancillary matters Part 3 Transfer orders Division 1 s. 17 (iii) the assignee is, by operation of this section, substituted for the corporation as a party to any specified proceedings; (b) an agreement or instrument that is specified has effect, 5 by operation of this section, as if, unless otherwise expressly specified, a reference to the assignee were, at the transfer time, substituted for a reference to the corporation in the agreement or instrument. (2) If a transfer order assigns an interest held by the corporation as 10 a joint tenant with the Electricity Corporation, the assignment does not sever the joint tenancy and the assignee holds the interest as a joint tenant with the Electricity Corporation. (3) In this section -- "Electricity Corporation" means the Electricity Corporation 15 established by the Electricity Corporation Act 1994; "specified" means specified in the transfer order. 17. Completion of necessary transactions If section 16 cannot, to any extent, have effect as described in this Division (whether because a matter is governed otherwise 20 than by the law of the State, or for any other reason), the Minister and the corporation are each to take all practicable steps for the purpose of securing that the effect sought to be achieved by the transfer order and this Division is achieved as soon as possible after the transfer time. 25 18. Contracts arising from certain internal arrangements of corporation (1) An instrument that provides for arrangements between different parts of the corporation's business and operations may be specified in a transfer order as if it created contractual rights and 30 liabilities. page 15 Gas Corporation (Business Disposal) Bill 1999 Part 3 Implementing disposal and ancillary matters Division 1 Transfer orders s. 19 (2) An instrument specified as described in subsection (1) is to be regarded as if its provisions were contractual provisions between different legal entities. (3) The definitions of "liability" and "right" in section 14 include 5 contractual liabilities and rights that are to be regarded as arising because of subsection (2), and those liabilities and rights are accordingly assignable under this Division. 19. Arrangements for custody and use of records The corporation and an assignee may make arrangements for the 10 delivery or sharing of, and access to, registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded, or stored) relating to any asset, liability, proceedings, agreement, or instrument specified under section 15(1) in a transfer order. 15 20. Registration of documents (1) The Minister is to cause a copy of each transfer order, any schedule to which it refers, and any notice under section 15(2) relating to the transfer time, to be delivered to each relevant official and the corporation. 20 (2) The relevant officials are to take notice of this Part, any transfer order, including a schedule to which the order refers, and any notice under section 15(2), and are to record and register in the appropriate manner the documents necessary to show the effect of the transfer order and this Part. 25 (3) In this section -- "relevant official" means the Registrar of Titles, the Registrar of Deeds, the Ministers respectively administering the Land Administration Act 1997 and the Mining Act 1978 or any other person authorized by a written law to record and give page 16 Gas Corporation (Business Disposal) Bill 1999 Implementing disposal and ancillary matters Part 3 Other matters Division 2 s. 21 effect to the registration of documents relating to transactions affecting relevant property; "relevant property" means property of a kind affected by the transfer order, whether it is an estate or interest in land or 5 any other property. 21. Rectifying error in transfer order (1) The Minister may by order published in the Gazette make any provision that is necessary to correct any error in a transfer order or a schedule to which a transfer order refers. 10 (2) An order under this section may be made so as to have effect from the transfer time under the transfer order. (3) To the extent that a provision of an order under this section has effect before the day of its publication in the Gazette, section 16 does not, as a result of that provision, operate so as -- 15 (a) to affect, in a manner prejudicial to any person (other than the State, the corporation, the assignee, or a Minister, officer or agency of the State), the rights of that person existing before the day of publication; or (b) to impose liabilities on any person (other than the State, 20 the corporation, the assignee, or a Minister, officer or agency of the State), in respect of anything done or omitted to be done before the day of publication. Division 2 -- Other matters 22. Assignable nature of the assets 25 (1) The assignment of an asset by the corporation is not prevented by any written law that, before the assignment, states that the asset vests in the corporation. page 17 Gas Corporation (Business Disposal) Bill 1999 Part 3 Implementing disposal and ancillary matters Division 2 Other matters s. 23 (2) An asset that has been assigned under this Act belongs to the assignee, or any person to whom it may be subsequently assigned by or through the assignee, regardless of whether it is a fixture or an asset in the nature of a fixture, and is capable of 5 being removed from the land and, whether or not it has been removed, is capable of being assigned separately from the land. 23. Benefits of easements assignable (1) The benefit of an easement in favour of the corporation to which any land is subject by virtue of section 27A(1)(b)(v) of the 10 Town Planning and Development Act 1928 or otherwise (even though the easement may not have been created as being assignable) is capable of being assigned from the corporation or any person to whom it may be subsequently assigned. (2) Upon being satisfied that an easement has been assigned in 15 accordance with subsection (1), the Registrar of Titles or Registrar of Deeds as the case requires -- (a) upon application in writing by the assignee; and (b) after notice in writing has been given to each person having a registered interest in the land, 20 is to make all such entries or endorsements, or register any such memorial, as may be necessary or proper to show the person having the benefit of the easement. 24. Use of corporation's staff and facilities (1) This section applies only until the day fixed under section 2(5). page 18 Gas Corporation (Business Disposal) Bill 1999 Implementing disposal and ancillary matters Part 3 Other matters Division 2 s. 25 (2) The corporation may, on such terms as are agreed between the corporation and the corporate vehicle, make available to the corporate vehicle -- (a) any member of staff of the corporation engaged under 5 the Gas Corporation Act 1994; (b) any facilities or services of the corporation. 25. Consumer contracts (1) Any person who was a tariff consumer immediately before the relevant day is to be regarded on and from that day as having 10 entered into a contract with the assignee of the supply business in a form approved by the Coordinator of Energy and set out in a notice published in the Gazette. (2) A notice under subsection (1) can specify different forms of contract in respect of different classes of tariff consumers. 15 (3) In this section -- "Coordinator of Energy" means the Coordinator of Energy referred to in section 4 of the Energy Coordination Act 1994; "relevant day" means the day fixed under section 2(5) or such 20 earlier day as the Minister may fix for the purposes of this section by notice published in the Gazette; "supply business" means that part of the operations of the corporation or a subsidiary that consisted of or included the supply of gas to tariff consumers; 25 "tariff consumer" means a person who was supplied with gas by the corporation or a subsidiary (otherwise than under a written contract) in relation to which the person was liable to pay fees and charges prescribed under section 124 of the Energy Corporations (Powers) Act 1979. page 19 Gas Corporation (Business Disposal) Bill 1999 Part 3 Implementing disposal and ancillary matters Division 2 Other matters s. 26 26. Proceeds of disposal (1) A direction under section 7(1) may, if the Treasurer concurs, require the corporation to pay or use any of the proceeds of a section 6 disposal as specified in the direction. 5 (2) Subject to subsection (1), the proceeds of a section 6 disposal are to be applied as follows -- (a) firstly in meeting the expenses of disposal as determined by the Treasurer; (b) secondly in payment to the corporate vehicle of any 10 amount determined by the Treasurer; (c) thirdly in payment of the liabilities of the corporation and subsidiaries; and (d) fourthly by the payment of the balance into the Consolidated Fund. 15 27. Disclosure of information (1) A disclosure of information made in accordance with this section for the purposes of facilitating a section 6 disposal is not to be regarded -- (a) as a breach of contract or confidence or otherwise as a 20 civil wrong; (b) as a contravention of section 24 of the Energy Coordination Act 1994; (c) as a contravention of Schedule 2 to the Gas Corporation Act 1994; 25 (d) as a contravention of section 5 of the Statutory Corporations (Liability of Directors) Act 1996; or (e) as a contravention of section 232 or Part 7.11 Division 2A of the Corporations Law. page 20 Gas Corporation (Business Disposal) Bill 1999 Implementing disposal and ancillary matters Part 3 Other matters Division 2 s. 28 (2) Subsection (1) applies to a disclosure of information made by the Government, the corporation or a subsidiary, or by a person acting with the authority of the Government, the corporation or a subsidiary, but does not apply to any other person to whom the 5 information is given. (3) Subsection (1) applies to a disclosure of information made by the corporate vehicle, or by a person acting with the authority of the corporate vehicle, before the day fixed under section 2(5), but does not apply to any other person to whom the information 10 is given. (4) Subsection (1) applies to confidential information or information not publicly known concerning the affairs of -- (a) the corporation or a subsidiary; (b) the corporate vehicle, or a subsidiary of it within the 15 meaning of the Corporations Law; or (c) a customer, or former customer, of a body referred to in paragraph (a) or (b). 28. Auditor General may disclose information (1) The Auditor General may disclose to any person, or provide any 20 person with access to, information relating to the corporation that is in the possession or under the control of the Auditor General, if the information is disclosed or the access is provided -- (a) for the purpose of facilitating a section 6 disposal; and 25 (b) at the request of the corporation or a committee referred to in section 7(3). (2) Subsection (1) applies despite section 91 of the Financial Administration and Audit Act 1985. page 21 Gas Corporation (Business Disposal) Bill 1999 Part 3 Implementing disposal and ancillary matters Division 2 Other matters s. 29 29. Offence of disclosing information (1) A person who -- (a) under section 28 or otherwise, obtains information connected with a section 6 disposal; and 5 (b) has agreed or is otherwise under a duty not to disclose the information to others, (in this section called "the bound recipient") commits an offence if the person breaches the agreement or the duty without lawful excuse. 10 (2) A person who obtains information referred to in subsection (1) from or through the bound recipient commits an offence if, without lawful excuse, the person discloses the information in a way that would have resulted in a breach of an agreement or duty if the disclosure had been by the bound recipient. 15 Penalty: $100 000. 30. Saving The operation of a provision of this Act is not to be regarded -- (a) as a breach of contract or confidence or otherwise as a civil wrong; 20 (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities or the disclosure of information; (c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any 25 instrument, because of a change in the beneficial or legal ownership of any asset or liability; (d) as causing any contract or instrument to be void or otherwise unenforceable; or (e) as releasing or allowing the release of any surety. page 22 Gas Corporation (Business Disposal) Bill 1999 Implementing disposal and ancillary matters Part 3 Other matters Division 2 s. 31 31. State indemnities and guarantees (1) The Treasurer may, in the name and on behalf of the State, give an indemnity or guarantee in respect of a matter related to -- (a) a section 6 disposal; or 5 (b) the assignment of anything in connection with a section 6 disposal. (2) The Treasurer may, in the name and on behalf of the State, give to any person who is or has been -- (a) a director or officer of the corporation or of a subsidiary; 10 (b) a director or officer of the corporate vehicle or of a subsidiary of it within the meaning of the Corporations Law; or (c) a member or alternate member of a committee referred to in section 7(3), 15 an indemnity against any liability determined by the Treasurer whether or not the liability relates to a matter referred to in subsection (1). (3) In subsection (2) -- "liability" includes civil liability under the Corporations Law. 20 (4) The payment of any money under an indemnity or guarantee given under this section is to be made by the Treasurer and charged to the Consolidated Fund, which this section appropriates to the necessary extent. 32. State takeover of certain obligations 25 (1) This section applies to an obligation (whether contingent or otherwise) of the corporation or a subsidiary. page 23 Gas Corporation (Business Disposal) Bill 1999 Part 3 Implementing disposal and ancillary matters Division 2 Other matters s. 33 (2) The Treasurer, in the name and on behalf of the State, may, in connection with a section 6 disposal, agree to take over an obligation. (3) If the performance of the obligation was guaranteed by the 5 State, the agreement may also provide for -- (a) the release by the State of any security held by the State in connection with the guarantee; or (b) the release of a person from an undertaking that the person gave to the State in relation to any security 10 described in paragraph (a). (4) The Treasurer may authorize the payment of money to discharge an obligation that the State has taken over under subsection (2), whether by terminating the obligation or otherwise. 15 (5) A payment authorized under subsection (4) is to be made out of the Consolidated Fund, which this section appropriates to the necessary extent. 33. Regulations Regulations may provide for -- 20 (a) anything for which it is necessary or convenient to make provision in order to give effect to a section 6 disposal; (b) anything that it is necessary or convenient to deal with as a consequence of anything in, or anything done under, Part 2 or this Part. page 24 Gas Corporation (Business Disposal) Bill 1999 Transitional provisions Part 4 s. 34 Part 4 -- Transitional provisions 34. Purpose of this Part The purpose of this Part is to enable and facilitate a convenient transition from the carrying on by the corporation of any of its 5 business under the Gas Corporation Act 1994 to the carrying on of that business by the person to whom it is disposed of under this Act. 35. Subsidiary to have corporation's powers and duties One aspect of the purpose set out in section 34 is to enable any 10 subsidiary to which the corporation has transferred anything to be given substantially the same powers, duties, rights, and obligations, in respect of that thing as the corporation would have had if there had not been a transfer. 36. Modification of other written laws 15 (1) Regulations may modify the effect of any written law, in so far as it relates to a subsidiary, as may be necessary or convenient for the purposes of this Part. (2) Without limiting subsection (1), regulations may provide -- (a) that a reference to the corporation in a written law, other 20 than this Act, that related to anything before it was transferred to a subsidiary includes a reference to the subsidiary; and (b) that to the extent that a written law applies because of a regulation made in accordance with paragraph (a), it is 25 modified as specified in the regulations. page 25 Gas Corporation (Business Disposal) Bill 1999 Part 5 Miscellaneous s. 37 Part 5 -- Miscellaneous 37. Auditor General to report on certain matters (1) The Auditor General must examine and report to each House of Parliament within 60 days of the day fixed under section 2(5) on 5 the following matters -- (a) any obligations, duties or liabilities taken over by or imposed on the State under this Act; (b) any indemnities or guarantees given by or on behalf of the State under this Act; and 10 (c) any other matter that arises out of or is connected with the matters mentioned in paragraphs (a) and (b). (2) If a House of Parliament is not sitting when the Auditor General is ready to report to it under subsection (1) the Auditor General is to transmit the report to the Clerk of that House and the report 15 is to be regarded as having been received by that House. (3) The receipt of a report that is to be regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day after the Clerk receives the report. 20 (4) If in any year any indemnity or guarantee given under section 31(1) or (2) remains outstanding, the Auditor General may include in his or her report under section 95 of the Financial Administration and Audit Act 1985 a report on the extent of the liability of the State under those indemnities and 25 guarantees. 38. Regulations (1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the 30 purposes of this Act. page 26 Gas Corporation (Business Disposal) Bill 1999 Miscellaneous Part 5 s. 38 (2) Without limiting the generality of subsection (1), the regulations may apply the provisions of regulations made under section 26(2) of the Energy Coordination Act 1994, with such modifications (if any) as are prescribed, to the sale or supply of 5 gas within a distribution area to persons who -- (a) are tariff consumers within the meaning of section 25; or (b) are not contestable customers within the meaning of section 91(1) of the Gas Pipelines Access (Western Australia) Act 1998. 10 (3) Regulations made for the purposes of subsection (2) may require a person selling or supplying the gas to offer persons described in paragraph (a) or (b) of that subsection a form of contract that has been approved by the Coordinator. (4) In subsection (2) -- 15 "distribution area" means the area to which a distribution licence granted under Part 2A of the Energy Coordination Act 1994 to -- (a) the corporation or a subsidiary; or (b) the corporate vehicle or a subsidiary of it within the 20 meaning of the Corporations Law, applies. page 27 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 39 Part 6 -- Effect on other Acts Division 1 -- Provisions commencing on Royal Assent Subdivision 1 -- Aboriginal Heritage Act 1972 39. Section 18 amended 5 After section 18(1) of the Aboriginal Heritage Act 1972* the following subsection is inserted -- " (1a) A person is also included as an owner of land for the purposes of this section if -- 10 (a) the person -- (i) is the holder of rights conferred under section 34 of the Dampier to Bunbury Pipeline Act 1997 in respect of the land or is the holder's nominee approved 15 under section 34(3) of that Act; or (ii) has authority under section 7 of the Petroleum Pipelines Act 1969 to enter upon the land; or 20 (b) the person is the holder of a distribution licence under Part 2A of the Energy Coordination Act 1994 as a result of which the person has rights or powers in respect of the land. ". 25 [*Reprinted as at 4 October 1995. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp.2-3.] page 28 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 40 Subdivision 2 -- Dampier to Bunbury Pipeline Act 1997 40. The Act amended The amendments in this Subdivision are to the Dampier to Bunbury Pipeline Act 1997*. 5 [* Act No. 53 of 1997. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.67.] 41. Section 34 amended After section 34(5) the following subsections are inserted -- 10 " (5a) Rights are to be regarded as having been conferred under this section on the corporation, for the purposes of a pipeline for transporting gas that is not part of the corporation's DBNGP system, to the full extent that 15 they are capable of being conferred under this section. (5b) Subsection (5a) -- (a) is to be regarded as having had effect since immediately after the commencement of Schedule 4 clause 9; and 20 (b) ceases to have effect immediately before rights are actually conferred on the corporation for the purposes referred to in subsection (5a). ". 42. Section 43 repealed 25 Section 43 is repealed. 43. Schedule 3 repealed Schedule 3 is repealed. page 29 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 44 44. Schedule 4 amended (1) Schedule 4 Division 2 is repealed. (2) Schedule 4 Division 9 is repealed. Subdivision 3 -- Electricity Corporation Act 1994 5 45. Section 38A inserted After section 38 of the Electricity Corporation Act 1994* the following section is inserted -- " 38A. Directions by Governor 10 (1) The Governor may from time to time by instrument in writing served on the corporation direct the corporation not to sell or supply gas -- (a) within, or for delivery or consumption within, a specified area or specified areas of the State; 15 (b) in specified quantities; or (c) to specified customers or a specified class of customers. (2) In subsection (1) -- "specified" means specified in the instrument. 20 (3) Sections 41, 42 and 43 (4) of the Interpretation Act 1984 apply to an instrument under this section as if it were a regulation. page 30 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 46 (4) A direction under this section has effect and is to be complied with by the corporation despite any other written law. ". 5 [* Act No. 86 of 1994. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.81.] Subdivision 4 -- Energy Coordination Act 1994 46. The Act amended 10 The amendments in this Subdivision are to the Energy Coordination Act 1994*. [* Act No. 71 of 1994. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.82, and Act No. 20 of 1999.] 15 47. Section 3 amended Section 3 is amended as follows: (a) by deleting the definition of "distribution system" and inserting instead the following definition -- " 20 "distribution system" means -- (a) a system of pipelines, mains, and gas service pipes, designed to operate at a pressure of less than 1.9 megapascals, for the transportation of gas to customers; or page 31 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 48 (b) any other part of the gas distribution system (as defined in section 90 of the Gas Corporation Act 1994) at the time when a distribution licence is first issued for all or any part of that 5 system (regardless of the pressure at which it is designed to operate), and any associated apparatus, facilities, structures, plant, or equipment; "; 10 (b) by deleting the definition of "Gas Corporation". 48. Section 11M amended Section 11M(3) and (6) are repealed. 49. Section 24A inserted In Part 5, before section 25, the following section is inserted -- 15 " 24A. Gas supply system emergencies (1) Schedule 3 applies with respect to gas supply system emergencies. (2) To the extent that Schedule 3 or anything in an order 20 under that Schedule is inconsistent with any safety provision of the Petroleum Pipelines Act 1969 or of a licence under that Act or under Part 2A of the Energy Coordination Act 1994, the safety provision prevails and the inconsistent provision of Schedule 3 or the 25 order has no effect. page 32 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 50 (3) In subsection (2) -- "safety provision" means a provision the effect of which is to protect a person from injury or property from damage 5 ". 50. Section 26 amended (1) Section 26 is amended by inserting before "The Governor" the subsection designation "(1)". (2) At the end of section 26 the following subsection is inserted -- 10 " (2) Without limiting the generality of subsection (1), the regulations may -- (a) fix the fees and charges, or the means of determining the fees and charges, that, unless 15 otherwise agreed, are to be payable by customers of a prescribed class in relation to -- (i) the supply of gas in prescribed circumstances; or (ii) the provision of any prescribed service; 20 (b) deal with any other matter relating to the fixing or determination of fees and charges; (c) where fees and charges, or the means of determining fees and charges, are fixed under paragraph (a), require a person supplying the 25 gas or providing the service to offer customers of the prescribed class a form of contract that has been approved by the Coordinator. ". page 33 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 51 51. Schedule 1 amended Schedule 1 is amended by inserting after paragraph (i) the following paragraphs -- " 5 (ia) if the licence is a distribution licence, requiring the licensee to undertake an extension of, or an expansion to, the distribution system located within an area specified in the licence; (ib) if the licence is a trading licence, requiring the 10 licensee to ensure the supply of gas to existing or new customers who require it, in such circumstances as may be specified in the licence whether by reference to a class of gas customer, the amount of gas to be supplied to the customer or 15 customers of a class, where the gas is to be consumed, or any other factor; (ic) if the licence is a trading licence, regulating the extent to which the licensee's gas customers may be of a particular class; 20 (id) requiring the licensee to lodge with the Coordinator securities in an amount and of a nature acceptable to the Coordinator securing the performance by the licensee of the requirements, responsibilities and obligations under the licence. 25 ". page 34 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 52 52. Schedule 3 inserted At the end of the Act, the following Schedule is inserted -- " Schedule 3 -- Gas supply system emergencies 5 [s. 24A] 1. Definitions (1) In this Schedule -- "emergency" means -- (a) any event or circumstance in relation to a supply 10 system by reason of which the supply of gas from it is, or in the opinion of the Coordinator may reasonably be expected to be, seriously affected; or (b) any event or circumstance in relation to any act, 15 matter or thing by reason of which the supply of gas from a supply system is, or in the opinion of the Coordinator may reasonably be expected to be, seriously affected, that, in the opinion of the operator of the supply 20 system, requires the immediate exercise of powers given by clause 2 or, in the opinion of the Coordinator, requires the exercise of powers given by clause 3(1) or 4; "emergency order" means an order under clause 3(1); 25 "seriously affected" means affected to the extent that -- (a) any life or property is or may be endangered; or (b) the supply of gas to a significant proportion of the users of gas delivered either directly or indirectly by the supply system is, may be, or should be, reduced 30 or terminated; page 35 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 52 "supply system" means the privatized DBNGP system within the meaning of the Dampier to Bunbury Pipeline Act 1997 or any distribution system operated within the State. 5 (2) For the purposes of the definition of "emergency" the supply of gas from a supply system is to be regarded as being affected if the obtaining or manner of delivery of gas from it is affected. 2. Action by operator 10 (1) If a state of emergency exists in relation to a supply system, the operator of the supply system is to notify the Coordinator of the state of emergency as soon as practicable after becoming aware of it. (2) If a state of emergency exists which, by reason of the nature 15 of the emergency, does not reasonably allow sufficient time for the emergency to be avoided or mitigated or the continued transport and supply of gas to be ensured through the exercise by the Coordinator of powers given by clause 3, the operator of the supply system concerned may take any 20 immediate measures that seem appropriate to avoid or mitigate the emergency, or to ensure the continued transport and supply of gas, in a manner that seems appropriate. 3. Emergency order (1) If a state of emergency exists, the Coordinator may make 25 any order that the Coordinator considers necessary and the circumstances reasonably allow, to -- (a) provide for -- (i) gas to be transported to or by any person or class of persons, or upon any premises or 30 class of premises, within the whole or any portion of the State, or for any particular purpose or purposes; and page 36 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 52 (ii) the control, regulation, imposition of restrictions upon, curtailment, interruption, prohibition, or termination, of the supply or use of gas to or by any person or class of 5 persons, or upon any premises or class of premises, within the whole or any portion of the State, or for any particular purpose or purposes, for any period or periods specified in the order; 10 (b) provide for the exemption of any person or class of persons, or of any premises or class of premises, or of any place or institution or class of place or institution, from the operation of the whole or part of the order; 15 (c) provide for the delegation, either generally or specifically, to any person or body of any authority or discretion of the Coordinator under this Schedule. (2) An emergency order has effect -- 20 (a) in the portion of the State specified in it; and (b) on and from the time the order is made, or such later time as is specified in the order, and it ceases to have effect 7 days after it first has effect, unless previously renewed or cancelled. 25 (3) An emergency order is to be -- (a) published for general information in any portion of the State affected by the order as soon as practicable and in a manner that the Coordinator considers likely to be appropriate having regard to the 30 circumstances and what may be practicable; page 37 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 52 (b) confirmed thereafter by notice in the Gazette setting out -- (i) the time and date on which it was made; and 5 (ii) the time, date and manner of its original publication; and (c) if the manner of publication under paragraph (a) was not by means of a notice in a newspaper, made 10 known in that manner as soon as circumstances permit. (4) An emergency order may be renewed, cancelled or varied by the Coordinator by a subsequent order. 4. Emergency action by Coordinator 15 If a state of emergency exists, the Coordinator may take any measures considered appropriate in relation to the emergency, or in relation to the consequences of that emergency, to diminish the effect of, or to terminate, that emergency, including measures to discontinue supply to any 20 person considered by the Coordinator to be contravening an emergency order. 5. Liability to punishment continues The cancellation or variation of an emergency order does not affect -- 25 (a) any penalty or punishment incurred, imposed, or liable to be incurred or imposed, before the cancellation or variation; or (b) any investigation or legal proceedings in respect of such a penalty or punishment, 30 despite any other enactment. page 38 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 52 6. Protection Despite any obligation or duty that a person has to effect or continue any supply of gas, neither that person, the Coordinator, the State, any Minister of the Crown, nor an 5 officer or servant of any of them, is liable for -- (a) any interruption, diminution, or termination of any supply that arises by reason of any act done in good faith in the exercise or in purported exercise of powers given by this Schedule; or 10 (b) any loss or damage consequential upon an interruption, diminution, or termination of supply referred to in paragraph (a). 7. Powers of entry (1) While a state of emergency exists and for so long afterwards 15 as the circumstances reasonably require, a person given powers by this Schedule may, without notice and without any warrant other than this subclause, immediately enter onto or into any land, premises or thing if it is necessary to do so to exercise any of those powers. 20 (2) Any question as to what is a necessary entry may be determined by the person exercising the power of entry, and in any proceedings the question is to be presumed, in the absence of evidence to the contrary, to have been determined in good faith. 25 (3) A person exercising the power of entry given by this clause is required, as soon as practicable, to -- (a) remove or cause to be removed any machinery, equipment or other thing that the person brought or caused to be brought onto or into the land, premises, 30 or thing for the purpose for which entry was made; and page 39 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 52 (b) make good any physical damage caused in the course of exercising the powers for the purposes of which entry was made, or pay compensation or effect restoration, rehabilitation or restitution. 5 (4) If entry is effected under this clause for the purpose of exercising powers under clause 3 or 4, the Coordinator may recover as a debt from the operator of the supply system concerned the costs of any expenses incurred in dealing with that emergency, including any expenses incurred in 10 complying with obligations under subclause (3). (5) While an emergency order is in force, any person authorized by the Coordinator in writing to do so may, without prior notice, enter premises supplied with gas and there make any search or examination necessary to determine whether the 15 order is, in respect of those premises, being contravened in any respect. 8. Offences (1) A person -- (a) obstructing a person in the exercise of a function 20 under this Schedule; or (b) contravening an emergency order, commits an offence. (2) The penalty for an offence under subclause (1) is -- (a) in the case of an individual, $5 000; 25 (b) in the case of a body corporate, $50 000. ". page 40 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 53 Subdivision 5 -- Energy Corporations (Powers) Act 1979 53. The Act amended The amendments in this Subdivision are to the Energy Corporations (Powers) Act 1979*. 5 [* Reprinted as at 25 May 1995. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.83, and Act No. 20 of 1999.] 54. Section 56 repealed Section 56 is repealed. 10 55. Section 57 amended (1) Section 57(1) is amended as follows: (a) by deleting "a corporation" in the first place where it occurs and inserting instead -- " 15 the Electricity Corporation (in this section called "the corporation") "; (b) by deleting "a corporation" in the second and third places where it occurs and inserting instead -- 20 " the corporation ". (2) Section 57(10)(a) is amended by deleting "a corporation" in both places where it occurs and inserting instead -- " the corporation ". page 41 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 56 56. Section 66 amended Section 66(2) is amended by inserting after "prescribed" -- " under the Electricity Act 1945 or the Gas Standards Act 5 1972, as the case may be ". Subdivision 6 C Gas Corporation Act 1994 57. The Act amended The amendments in this Subdivision are to the Gas Corporation 10 Act 1994*. [* Act No. 87 of 1994. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.102-3, and Act No. 26 of 1999.] 58. Section 3 amended 15 Section 3 is amended in the definition of "subsidiary" as follows C (a) in paragraph (b)(iii) by deleting "partnership;" and inserting instead C " partnership, "; 20 (b) after paragraph (b) by inserting C " but, except in sections 71, 72 and 74, does not include the corporate vehicle as defined in section 5(2) of the Gas Corporation (Business Disposal) Act 1999 or a 25 subsidiary of the corporate vehicle within the meaning of the Corporations Law; ". page 42 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 59 59. Section 7 amended Section 7(1)(b) is amended by deleting "4" and inserting instead C " 3 ". 5 60. Section 89A inserted After section 89 the following section is inserted C " 89A. Additional financial reporting relating to the disposal of the business 10 (1) Nothing in Division 3, this Division or Schedule 3 prevents the corporation from preparing financial statements for a half-yearly or lesser period, and having those financial statements audited by a registered company auditor, if the board considers that it is 15 desirable to do so for the purposes of the implementation of Parts 2 and 3 of the Gas Corporation (Business Disposal) Act 1999. (2) In subsection (1) C "registered company auditor" means a person who is 20 for the time being registered as an auditor or taken to be registered as an auditor under Part 9.2 of the Corporations Law. ". page 43 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 61 61. Section 96A inserted After section 96 the following section is inserted C " 96A. Minister may waive certain requirements 5 (1) In this section C "specified obligation" means C (a) an obligation under Part 4 Division 1, Part 4 Division 2, section 62 or section 63; (b) an obligation under Schedule 3 (including an 10 obligation under the Financial Administration and Audit Act 1985 as applied by clause 45(4)); (c) an obligation under Schedule 6 clause 5(1)(c) or (d); 15 (d) an obligation under Schedule 6 clause 5(3)(b) or any related obligation under the regulations; or (e) an obligation under the regulations to provide a summary of audited books and 20 records relating to the gas distribution system as defined in section 90. (2) The Minister may, by notice published in the Gazette, relieve the board or the corporation from compliance with a specified obligation either generally or in such 25 circumstances or cases as are set out in the notice. (3) A notice under this section C (a) has effect according to its terms; and (b) may be amended or revoked by another notice under this section. page 44 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 62 (4) This section does not authorize the Minister to relieve the board or the corporation from compliance with a specified obligation unless the Minister considers that C 5 (a) compliance with the obligation would impede, or be inconsistent with, the implementation of Parts 2 and 3 of the Gas Corporation (Business Disposal) Act 1999 or could adversely affect the outcome of that implementation; or 10 (b) having regard to the implementation of Parts 2 and 3 of the Gas Corporation (Business Disposal) Act 1999 C (i) there is no significant need for the obligation to be complied with; or 15 (ii) compliance with the obligation would involve an unjustifiable use of resources. ". Subdivision 7 -- Gas Pipelines Access (Western Australia) Act 1998 20 62. The Act amended The amendments in this Subdivision are to the Gas Pipelines Access (Western Australia) Act 1998. [* Act No. 65 of 1998.] 63. Section 90 amended 25 (1) Section 90(1) and (2) are amended by inserting after "Act" -- " (other than subsection (3a)) ". page 45 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 1 Provisions commencing on Royal Assent s. 64 (2) After section 90(3) the following subsection is inserted -- " (3a) The exceptions described in subsections (1) and (2) -- (a) do not apply if the person is the Gas 5 Corporation; and (b) from the relevant time, do not apply if the person is the corporate vehicle. (3b) In subsection (3a) and this subsection -- "corporate vehicle" has the meaning given by 10 section 5(2) of the Gas Corporation (Business Disposal) Act 1999 or a subsidiary of it within the meaning of that Act; "Gas Corporation" means the Gas Corporation under the Gas Corporation Act 1994 or a subsidiary of it 15 within the meaning of the Gas Corporation (Business Disposal) Act 1999; "relevant time" means the time when the gas distribution system (as defined in section 90 of the Gas Corporation Act 1994) has been transferred to 20 the corporate vehicle under Part 3 of the Gas Corporation (Business Disposal) Act 1999. ". 64. Section 94 amended (1) Section 94 is amended by inserting before "Section" the 25 subsection designation "(1)". (2) Section 94 is amended by deleting "1 July 2002" and inserting instead -- " the prescribed day ". page 46 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on Royal Assent Division 1 s. 65 (3) At the end of section 94 the following subsection is inserted -- " (2) In subsection (1) -- "prescribed day" means 1 July 2002 unless the day 5 fixed under section 2(5) of the Gas Corporation (Business Disposal) Act 1999 is earlier than 1 July 2002 in which case it means the day so fixed. ". 10 Subdivision 8 -- Gas Standards Act 1972 65. The Act amended The amendments in this Subdivision are to the Gas Standards Act 1972*. [* Reprinted as at 15 February 1989. 15 For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.103.] 66. Section 15 amended Section 15(2)(d) is amended by inserting before "supply" -- " conveyance, control, or ". 20 Subdivision 9 -- Local Government Act 1995 67. Presence of pipeline does not constitute occupation of land Despite anything to the contrary in the Local Government Act 1995, land is not to be regarded as being occupied for the purposes of that Act merely because -- 25 (a) there is on or under that land any pipe or system of pipes for or incidental to the transport of gas in respect of which a distribution licence has been issued under Part 2A of the Energy Coordination Act 1994; or page 47 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 2 Provisions commencing immediately before corporation or a subsidiary is licensed under the Energy Coordination Act 1994 s. 68 (b) a person is the holder of a distribution licence under Part 2A of the Energy Coordination Act 1994 in respect of a distribution system that is on or under that land. Subdivision 10 -- Town Planning and Development Act 1928 5 68. Section 20 amended After section 20(1)(c) of the Town Planning and Development Act 1928* the following paragraph is inserted -- " (ca) This subsection does not apply to -- 10 (i) the conferral of rights under section 34 of the Dampier to Bunbury Pipeline Act 1997; or (ii) the issue of a distribution licence under Part 2A of the Energy Coordination 15 Act 1994. ". [*Reprinted as at 19 March 1999.] Division 2 -- Provisions commencing immediately before corporation or a subsidiary is licensed under the Energy 20 Coordination Act 1994 Subdivision 1 -- Dampier to Bunbury Pipeline Act 1997 69. The Act amended The amendments in this Subdivision are to the Dampier to Bunbury Pipeline Act 1997*. 25 [* Act No. 53 of 1997. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.67, and Part 6 Division 1 Subdivision 2 of this Act.] page 48 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing immediately before corporation or a Division 2 subsidiary is licensed under the Energy Coordination Act 1994 s. 70 70. Section 33 amended (1) Section 33(5) is amended by deleting "had in respect of the additional land immediately before it became land in the DBNGP corridor" and inserting instead -- 5 " would have had immediately before the effective date if the effective date had been before the commencement of Part 6 Division 2 of the Gas Corporation (Business Disposal) Act 1999 10 ". (2) After section 33(5) the following subsection is inserted -- " (5a) In subsection (5) -- "effective date" means the day on which the additional 15 land becomes land in the DBNGP corridor. ". 71. Section 34 amended (1) Section 34(5) is amended by deleting "the corporation would have" and inserting instead -- 20 " , before the commencement of Part 6 Division 2 of the Gas Corporation (Business Disposal) Act 1999, the corporation would have had ". 25 (2) Section 34(5a) and (5b) are repealed. page 49 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 2 Provisions commencing immediately before corporation or a subsidiary is licensed under the Energy Coordination Act 1994 s. 72 72. Schedule 4 amended (1) Schedule 4 Division 3 is repealed. (2) Schedule 4 clause 19 is repealed. Subdivision 2 -- Energy Coordination Act 1994 5 73. The Act amended The amendments in this Subdivision are to the Energy Coordination Act 1994*. [* Act No. 71 of 1994. For subsequent amendments see 1998 Index to Legislation of 10 Western Australia, Table 1, p.82, and Act No. 20 of 1999.] 74. Section 6 amended Section 6(b) is amended by deleting "the Electricity Act 1945 and the Gas Undertakings Act 1947" and inserting instead -- " this Act, the Electricity Act 1945 ". 15 75. Section 11ZO amended Section 11ZO(1) and (2) are each amended by deleting "a corporation" and inserting instead -- " an energy operator ". page 50 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing immediately before corporation or a Division 2 subsidiary is licensed under the Energy Coordination Act 1994 s. 76 Subdivision 3 -- Energy Corporations (Powers) Act 1979 76. The Act amended The amendments in this Subdivision are to the Energy Corporations (Powers) Act 1979*. 5 [* Reprinted as at 25 May 1995. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.83, and Act No. 20 of 1999.] 77. Long title amended The long title is amended as follows: 10 (a) by deleting "the Gas Corporation" and inserting instead -- " certain other operators "; (b) by deleting "corporations" and inserting instead -- " operators ". 15 78. Section 1 amended Section 1 is amended by deleting "Corporations" and inserting instead -- " Operators ". 79. Section 4 amended 20 Section 4(1) is amended by inserting after the definition of "energy" the following definition -- " "energy operator" means the Electricity Corporation or, in a provision of this Act referred to in 25 Schedule 2 Part 1 or 2 of the Energy Coordination Act 1994, a person section 11ZO of that Act page 51 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 2 Provisions commencing immediately before corporation or a subsidiary is licensed under the Energy Coordination Act 1994 s. 80 includes in a reference in that provision to an energy operator; ". 80. Section 45 amended 5 Section 45(4)(c) is amended by deleting "in the case of the Gas Corporation,". 81. Section 55 amended Section 55(1)(b) is amended by deleting "or the Gas Corporation". 10 82. Section 120 amended Section 120 is amended by deleting "the corporation's" and inserting instead -- " the energy operator's ". 83. Various references to "corporation" amended 15 (1) In each place listed in the Table to this subsection "a corporation" is deleted and the following is inserted instead -- " an energy operator ". Table 20 s. 4(1) (in the definition of "charges"), and (2) s. 5(2), and (3) s. 6(2), and (3) s. 37(1), and (2) s. 38(1) (in both places where it occurs), (4), and (5) s. 39(1), (2), (2a), and (3) s. 40(1) s. 41 page 52 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing immediately before corporation or a Division 2 subsidiary is licensed under the Energy Coordination Act 1994 s. 83 s. 42(1), and (2) s. 43(1)(a), and (b), and (1a) s. 45(1), (2), (3), (4), (5), (6), (7), (9), (10), (11), (12), (13), and (14) s. 46(1), (2), (3), (5), (7), (8), (9), (10), (11), (14), and (16) s. 48(1), (2), and (4) ss. 49, 50, and 51 s. 52(1), and (2) s. 53(1) s. 54(2) s. 58(1)(a), and (b), (2), (3), and (4) s. 59 s. 60(2)(a), (4), and (5) s. 61(1), (4), and (7) s. 62 (in each place where it occurs) s. 64(1), and (2) s. 65(1), (2) (in both places where it occurs), and (7) s. 66(1) s. 67(1), (3), and (4)(b) s. 67A(1), and (2) s. 74(1)(a), and (2) s. 75(1)(a), (b), (c), (d), and (e), (2), and (4) ss. 76, and 77 s. 79(1), and (2) s. 84(2), and (3) s. 87(1), (2)(b), and (3) s. 88(1) s. 120 s. 121(2) s. 125(1)(c) page 53 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 2 Provisions commencing immediately before corporation or a subsidiary is licensed under the Energy Coordination Act 1994 s. 83 (2) In each place listed in the Table to this subsection "A corporation" is deleted and the following is inserted instead -- " An energy operator ". 5 Table s. 28(3) s. 43(2) s. 46(12) s. 48(3) s. 53(2) s. 61(2), (3), and (5) s. 62(16) s. 64(3), and (4) s. 66(6) s. 68(1) s. 84(1) s. 121(1) (3) In each place listed in the Table to this subsection "the corporation" is deleted and the following is inserted instead -- 10 " the energy operator ". Table s. 4(1) (in the definition of "service apparatus") s. 4(2) (in each place where it occurs) s. 5(2) (in both places where it occurs), and (3) s. 6(2) (in both places where it occurs) s. 28(3)(c), and (e) s. 37(1), and (2) (in each place where it occurs) s. 38(5) page 54 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing immediately before corporation or a Division 2 subsidiary is licensed under the Energy Coordination Act 1994 s. 83 s. 39(1) s. 39(2) (in each place where it occurs) s. 39(3) (in both places where it occurs) s. 40(1) (in both places where it occurs), and (2) s. 41 (in both places where it occurs) s. 42 (1) (in both places where it occurs), and (2) s. 43(1) (in each place where it occurs), (1a), and (2) s. 45 (in each place where it occurs) s. 46 (in each place where it occurs) s. 48 (in each place where it occurs) s. 49 (in each place where it occurs) s. 51 (in each place where it occurs) s. 52 (in each place where it occurs) s. 53(1), and (2) s. 54(2) s. 54(3) (in both places where it occurs) s. 58 (in each place where it occurs) s. 60(2), and (4) s. 60(5) (in both places where it occurs) s. 61 (in each place where it occurs) s. 62 (in each place where it occurs) s. 63 s. 64 (in each place where it occurs) s. 65 (in each place where it occurs) s. 66 (in each place where it occurs) s. 67(1)(e), and (2) (in both places where it occurs) s. 67A(1), and (2) (in both places where it occurs) s. 68(1), and (8)(a), and (b) s. 75(1)(d), and (e), (3), and (4) s. 76 s. 79(2) s. 84(3) (in both places where it occurs) s. 87(1)(a), (b), (c), (d), (e), and (f) s. 88(1) (in both places where it occurs), and (2) page 55 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 2 Provisions commencing immediately before corporation or a subsidiary is licensed under the Energy Coordination Act 1994 s. 84 s. 120 (in each place where it occurs) s. 121(1), and (2) (in each place where it occurs) s. 125(1)(c) (in both places where it occurs) Subdivision 4 -- Gas Standards Act 1972 84. Section 4 amended Section 4 of the Gas Standards Act 1972* is amended in the definition of "undertaker" by deleting "the Gas Corporation" 5 and inserting instead -- " any licensee within the meaning of the Energy Coordination Act 1994 ". 10 [*Reprinted as at 15 February 1989. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.103.] Subdivision 5 -- Gas Undertakings Act 1947 85. Repeal 15 The Gas Undertakings Act 1947 is repealed. Subdivision 6 -- Town Planning and Development Act 1928 86. Section 27A amended Section 27A(1)(b)(v) of the Town Planning and Development Act 1928* is deleted and the following subparagraph is inserted 20 instead -- " (v) the holder of a distribution licence under the Energy Coordination Act 1994 for the purpose of the supply of gas, or page 56 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing immediately before corporation or a Division 2 subsidiary is licensed under the Energy Coordination Act 1994 s. 87 access to gas supply works, under the authority of that licence. ". [* Reprinted as at 19 March 1999.] 5 Subdivision 7 -- Various Acts amended 87. Miscellaneous amendments The enactments set out in the Table to this section are amended by deleting "Corporations" and inserting instead (in the appropriate printing font) -- 10 " Operators ". Table Act Provision Dampier to Bunbury Pipeline Act 1997 section 31(5)(c) section 33(5) section 34(5) Electricity Corporation Act 1994 section 30(4) section 32(3) Gas Corporation Act 1994 section 30(4) section 32(3) Gas Pipelines Access (Western Australia) Act 1998 section 8(1)(a) Water Services Coordination Act 1995 Schedule 2 Part 2 Western Australian Planning Commission Act 1985 section 19(1g)(a)(iii) page 57 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 3 Provisions commencing on completion of disposal s. 88 Division 3 -- Provisions commencing on completion of disposal Subdivision 1 -- Dampier to Bunbury Pipeline Act 1997 88. Section 5 replaced Section 5 of the Dampier to Bunbury Pipeline Act 1997* is 5 repealed and the following section is inserted instead -- " 5. Modified reading of references to the corporation A reference in this Part to the corporation is to be read in accordance with section 94(3) of the Gas 10 Corporation (Business Disposal) Act 1999. ". [*Act No. 53 of 1997. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.67.] 15 Subdivision 2 -- Energy Corporations (Powers) Act 1979 89. The Act amended The amendments in this Subdivision are to the Energy Corporations (Powers) Act 1979*. [* Reprinted as at 25 May 1995. 20 For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.83.] 90. Section 4 amended Section 4(1) is amended by deleting the definitions of "corporation" and "Gas Corporation". page 58 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on completion of disposal Division 3 s. 91 91. Section 123 amended (1) Section 123(1) is amended by deleting "a corporation" and inserting instead -- " the Electricity Corporation ". 5 (2) Section 123(3)(a)is amended by deleting "a corporation" and inserting instead -- " the Electricity Corporation ". 92. Section 124 amended Section 124 is amended as follows: 10 (a) in subsection (1), by deleting "a corporation" and inserting instead -- " the Electricity Corporation (in this section called "the corporation") 15 "; (b) in subsections (1a), (2), and (4), by deleting "a corporation" and inserting instead -- " the corporation "; (c) in subsection (4)(k) -- 20 (i) by deleting "in the case of by-laws made by the Electricity Corporation,"; and (ii) by deleting "that corporation" and inserting instead -- " the corporation "; 25 (d) in subsection (5), by deleting "the Electricity Corporation" in both places where it occurs and inserting instead -- " the corporation ". page 59 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 3 Provisions commencing on completion of disposal s. 93 Subdivision 3 -- Gas Corporation Act 1994 93. Repeal The Gas Corporation Act 1994 is repealed. 94. Winding up of affairs of Gas Corporation 5 (1) When the Gas Corporation Act 1994 is repealed the Minister responsible for the administration of the Energy Coordination Act 1994 (in this section called "the Minister") is required to wind up the affairs of the former Gas Corporation as soon as is practicable, and for the purpose of winding up those affairs -- 10 (a) all real and personal property and every right or interest in it that immediately before the repeal were vested in the Gas Corporation pass to and become vested in the Minister without any transfer or assignment; (b) all records and data of the Gas Corporation pass to the 15 Minister; (c) all rights, liabilities and obligations of the Gas Corporation that existed immediately before the repeal devolve on the Minister; (d) all contracts, agreements and undertakings made by and 20 with the Gas Corporation and having effect immediately before the repeal have effect as contracts, agreements and undertakings made by and with the Minister and may be enforced by or against the Minister accordingly; and 25 (e) any legal or other proceedings or any remedies that might, but for the repeal, have been commenced or continued by or against or have been available to the Gas Corporation may be commenced or continued by or against or are available to the Minister, as the case 30 requires. page 60 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on completion of disposal Division 3 s. 95 (2) A reference in subsection (1)(a), (c), (d) or (e) to the Minister is a reference to the Minister in the name and on behalf of the State. (3) For the purposes described in subsection (1) a reference to the 5 Gas Corporation in -- (a) a law of the State in force; or (b) a document in existence, immediately before the repeal is to be construed as a reference to the Minister unless in the context it would be inappropriate to 10 do so. (4) This section does not apply to anything for which this Act has made other provision. Subdivision 4 -- Gas Pipelines Access (Western Australia) Act 1998 95. The Act amended 15 The amendment in this Subdivision is to the Gas Pipelines Access (Western Australia) Act 1998*. [* Act No. 65 of 1998.] 96. Section 74 amended Section 74(2)(a) is amended by inserting after "1994" -- 20 " (as enacted immediately before the repeal of that Act) ". page 61 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 3 Provisions commencing on completion of disposal s. 97 Subdivision 5 -- Gas Standards Act 1972 97. The Act amended The amendments in this Subdivision are to the Gas Standards Act 1972*. 5 [* Reprinted as at 15 February 1989. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.103.] 98. Section 4 amended Section 4 is amended by deleting the definition of "Gas 10 Corporation". 99. Section 15 amended Section 15(4) and (5) are repealed. Subdivision 6 -- Various Acts amended 100. Constitution Acts Amendment Act 1899 15 The Constitution Acts Amendment Act 1899* Schedule V Part 3 is amended by deleting the item commencing "The Gas Corporation". [*Reprinted as at 15 April 1999.] page 62 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provisions commencing on completion of disposal Division 3 s. 101 101. Equal Opportunity Act 1984 The Equal Opportunity Act 1984* is amended by deleting section 139(1)(ca). [*Reprinted as at 7 May 1999 5 For subsequent amendments see Act No. 2 of 1999.] 102. Explosives and Dangerous Goods Act 1961 The Explosives and Dangerous Goods Act 1961* is amended in section 63(eb) by deleting "or the Gas Corporation under the Gas Corporation Act 1994". 10 [*Reprinted as at 21 November 1996. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.87.] 103. Government Employees Superannuation Act 1987 The Government Employees Superannuation Act 1987* 15 Schedule 1 Part B is amended by deleting "Gas Corporation". [*Reprinted as at 22 January 1999.] 104. Land Administration Act 1997 The Land Administration Act 1997* is amended as follows: (a) by deleting section 159(d); 20 (b) by deleting section 160(1)(d). [*Act No. 30 of 1997. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.136.] page 63 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 3 Provisions commencing on completion of disposal s. 105 105. Metropolitan Region Town Planning Scheme Act 1959 The Metropolitan Region Town Planning Scheme Act 1959* Second Schedule is amended by deleting item 13A. [*Reprinted as at 7 March 1996. 5 For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.161.] 106. Public Sector Management Act 1994 The Public Sector Management Act 1994* Schedule 1 is amended by deleting item 16. 10 [*Reprinted as at 26 March 1999.] 107. Public Works Act 1902 The Public Works Act 1902* is amended as follows: (a) by deleting section 5A(da); (b) by deleting section 5B(1)(ca). 15 [* Reprinted as at 3 June 1997. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.206.] 108. Superannuation and Family Benefits Act 1938 The Superannuation and Family Benefits Act 1938* is amended 20 in section 6(1), in the definition of "department", by deleting "the Gas Corporation and". [*Reprinted as at 9 August 1989. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp.241-5, and Act No. 5 of 1999.] page 64 Gas Corporation (Business Disposal) Bill 1999 Effect on other Acts Part 6 Provision commencing on 1 January 2000 Division 4 s. 109 Division 4 -- Provision commencing on 1 January 2000 109. Section 26 amended After section 26(2) of the Energy Coordination Act 1994* the following subsections are inserted -- 5 " (3) Without limiting subsection (1), regulations may provide -- (a) for the determination or approval by the Coordinator of gas quality specifications for the 10 purposes of a contract in relation to the sale, supply or transportation of gas transported (or to be transported) through the privatized DBNGP system; and (b) for the giving of effect to the determination or 15 approval. (4) Regulations referred to in subsection (3)(b) may provide that they apply despite being inconsistent with any provisions in the contract. (5) In subsection (3) -- 20 "privatized DBNGP system" has the same meaning as it has in the Dampier to Bunbury Pipeline Act 1997. ". [* Act No. 71 of 1994. 25 For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, p.82, and Part 6 Division 1 Subdivision 5 of this Act.] page 65 Gas Corporation (Business Disposal) Bill 1999 Part 6 Effect on other Acts Division 5 Provisions commencing when ringfencing obligations apply s. 110 Division 5 -- Provisions commencing when ringfencing obligations apply Subdivision 1 -- Gas Corporation Act 1994 110. Part 6 repealed 5 Part 6 of the Gas Corporation Act 1994* is repealed. [* Act No. 87 of 1994. For subsequent amendments see 1998 Index to Legislation of Western Australia, Table 1, pp.102-3.] Subdivision 2 -- Gas Pipelines Access (Western Australia) Act 1998 10 111. Section 39 affected Section 39 of the Gas Pipelines Access (Western Australia) Act 1998 has no effect in relation to the gas distribution system as defined in section 90 of the Gas Corporation Act 1994. page 66 Gas Corporation (Business Disposal) Bill 1999 Defined Terms Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) acquire ............................................................................................................. 3 asset ............................................................................................................... 14 assignee ......................................................................................................... 14 Coordinator of Energy................................................................................25(3) cornerstone investor ......................................................................................... 3 corporate vehicle .............................................................................................. 3 corporation....................................................................................................... 3 dispose of......................................................................................................... 3 Electricity Corporation ...............................................................................16(3) entitled............................................................................................................. 3 liability.................................................................................................14, 31(3) officer ........................................................................................................13(2) relevant day................................................................................................25(3) relevant official ..........................................................................................20(3) relevant property ........................................................................................20(3) right ............................................................................................................... 14 section 6 disposal ............................................................................................. 3 securities.......................................................................................................... 3 specified.....................................................................................................16(3) specified percentage ......................................................................................... 3 subsidiary......................................................................................................... 3 supply business ..........................................................................................25(3) tariff consumer ...........................................................................................25(3) the bound recipient ................................................................................ 29(1)(b) the Minister.................................................................................................... 94 transfer order.................................................................................................. 14 transfer time ................................................................................................... 14
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