ELECTRICITY CORPORATIONS ACT 2005

Western Australian Current Acts

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ELECTRICITY CORPORATIONS ACT 2005

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
3A. Relationship to GTE Act

PART 2 -- Electricity Corporations

Division 1 -- Establishment of corporations

4. Corporations established
5. Corporations not to be regarded as agents of State for purposes of State laws
6. Corporations and officers not part of Public Service
7. Head office of Regional Power Corporation

Division 3 -- Staff

Subdivision 2 -- Power to engage and manage staff

18. Powers in relation to staff
19. Certain industrial matters excluded from employment agreements

Subdivision 3 -- Minimum standards for staff management

21. Standards to be set out in instrument
22. Reports to Public Sector Commissioner

Subdivision 4 -- Joint policy on staff transfers

23. Corporations to have joint policy approved by Minister
24. Amendment of policy statement
25. Consultation with staff

Subdivision 5 -- Superannuation

26. Superannuation

Division 4 -- Staff codes of conduct

31. Codes of conduct
32. Reports to Public Sector Commissioner
33. Reports to Minister

PART 3 -- Functions and powers of corporations

Division 1 -- Functions, powers and related provisions

Subdivision 1 -- Preliminary

34. Terms used

Subdivision 2 -- Electricity Generation and Retail Corporation

35. Principal functions
36. Other functions
37. Restriction on area in which corporation may operate
38. Wholesale acquisition or supply of electricity
39. Matters for regulations or wholesale arrangements

Subdivision 3 -- Electricity Networks Corporation

41. Principal functions
42. Other functions
43. Restriction on area in which corporation may operate

Subdivision 5 -- Regional Power Corporation

50. Principal functions
51. Other functions
52. Restriction on area in which corporation may operate

Subdivision 6 -- Special function in respect of certain assets and liabilities

53. Administration under delegated power

Subdivision 7 -- Use of distribution systems for the retail supply of electricity

54. Electricity Networks Corporation and Regional Power Corporation not to supply services for certain purposes

Subdivision 8 -- Provisions applying to functions of all corporations

57. Where corporation may operate
59. Powers
60. Certain works exempt from planning laws
61. Limitation of corporation’s duty to act on commercial principles
62. Segregation of functions
63A. Matters for regulations or segregation arrangements
63. Interruption or restriction of supply
71. Delegation
72. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994

Division 3 -- Arrangements authorised or approved by Governor

75. Governor may make certain regulations

PART 4 -- Operation of corporations, imposition of requirements

80. Terms used
81. Object of this Part
82. Minister may prescribe contracts
83. Matters that may be provided for
84. Amendment or cancellation
85. Enforcement
86. Advice of Economic Regulation Authority to be obtained
87. Trade practices exemption

PART 5 -- Ministerial directions

111. Directions that cannot be given under GTE Act s.
114. Directions relating to supply of gas

PART 7 -- Miscellaneous

134. Laying documents before Parliament not sitting
137. Delegation by Treasurer
138. Regulations

PART 8 -- Amendments to other written laws

140. Power to amend subsidiary legislation

PART 9 -- Transitional provisions for succession from Western Power Corporation to new corporations

Division 1 -- Preliminary

141. Purpose of this PART
142. Terms used
143. Saving

Division 2 -- Powers conferred on Minister

144. Power for certain agreements to be made before commencement day
145. Minister may give directions
146. Directions to be laid before Parliament

Division 3 -- Passing of Western Power Corporation’s assets and liabilities to new corporations or the State

Subdivision 1 -- Making of transfer orders

147. Minister to make order for allocation of assets and liabilities
148. Order may provide for transfer to subsidiary
149. Transfer order schedules
150. Treatment of certain internal arrangements of Western Power Corporation
151. Power to make subsequent order
152. References in Government agreements
153. Amendment of transfer orders

Subdivision 2 -- Operation of transfer orders

154. Allocation to one new corporation
155. Order for transfer to subsidiary
156. Allocation to more than one new corporation
157. Replacement of Western Power Corporation in proceedings
158. Handing over of records
159. Changes to Government agreements

Subdivision 3 -- Re-allocation of assets, rights and liabilities

160. Order for re-allocation
161. Re-allocation to have effect from commencement day
162. Handing over of records

Subdivision 4 -- Order that allocated assets or liabilities pass instead to the State

163. Minister may order s. 169 is to apply
164. Effect of order
165. Handing over of records

Subdivision 5 -- Replacement of party in proceedings

166. Order for replacement
167. Effect of order
168. Handing over of records

Subdivision 6 -- Assets, liabilities and proceedings not otherwise provided for

169. Unallocated assets and liabilities to be dealt with by Minister
170. Provisions incidental to s.
171. State to be party to proceedings if no provision made
172. Handing over of records

Subdivision 7 -- Other matters relating to passing of assets and liabilities

173. Continuation of guarantees in respect of Western Power Corporation
174. Guarantees to which s. 173 does not apply
175. Certain joint tenancies preserved
176. Western Power Corporation to complete necessary transactions
177. Exemption from State taxation
178. Registration of documents

Division 4 -- Staff

179. Transition of employment
180. Employees’ rights preserved

Division 5 -- Contracts with tariff customers

181. Minister to prescribe contracts

Division 6 -- Other transitional provisions

182. Annual report
183. Continuation of certain directions given to Western Power Corporation
184. Completion of things commenced
185. Continuing effect of things done
186. Immunity to continue
187. Agreements and instruments generally
188. Western Power Corporation to perform necessary transitional functions

Division 7 -- Making of further provision by regulation

189. Powers of rectification and similar matters
190. Further provision may be made by regulation
191. Regulations may operate from commencement day

Division 8 -- Indemnities and guarantees

192. Treasurer may give indemnity and guarantee

PART 10 -- Provisions for merger of corporations

Division 1 -- Preliminary

193. Purpose of PART
194. Terms used
195. Saving

Division 2 -- Merger

196. Merger of corporations
197. Corporations to implement or facilitate merger

Division 3 -- Directions by Minister

198. Minister may give directions
199. Directions to be laid before Parliament

Division 4 -- Devolution of assets, rights, liabilities and proceedings and related provisions

200. Assets, rights and liabilities
201. Proceedings and remedies
202. Continuation of guarantees
203. Joint tenancies preserved
204. Exemption from State taxation
205. Registration of documents

Division 5 -- Staff

206. Members of staff
207. Preservation of rights

Division 6 -- Other provisions

208. Renaming of continuing corporation does not affect status
209. Compliance with policy instruments
210. Financial reporting: merging corporation
211. Financial reporting: continuing corporation
212. Continuation of certain directions
213. Amount in lieu of rates
214. Dividends
215. Completion of things commenced
216. Continuing effect of things done
217. Immunity to continue
218. Agreements, instruments and documents
219. Treasurer may give indemnity and guarantee
220. Government agreements not affected
221. Transitional regulations
Uncommenced provisions table
Other notes
Defined terms

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