National Electricity (New South Wales) (Savings and Transitional) Regulation 1998 (1998-672) (NSW)

National Electricity (New South Wales) (Savings and Transitional) Regulation 1998

Part 1 Preliminary

1 Name of Regulation This Regulation is the National Electricity (New South Wales) (Savings and Transitional) Regulation 1998.

2 Commencement This Regulation commences on 13 December 1998.

3 Definitions In this Regulation: 1995 Act means the Electricity Supply Act 1995. 1997 Act means the National Electricity (New South Wales) Act 1997. appointed day means 13 December 1998. protected contract means a contract referred to in clause 6 (1) (a), (b), (c) or (d), not being a contract that has ceased to be a protected contract as referred to in clause 6 (2). Treasurer's certificate means a certificate issued by the Treasurer in accordance with clause 7.

4 Notes The explanatory note and table of contents do not form part of this Regulation.

Part 2 Preservation of limitations of liability arising under NSW wholesale market for electricity

5 Transitional arrangements with respect to certain liabilities affecting electricity generators (1) This clause applies to and in relation to any contract for the supply of electricity that was entered into by Pacific Power or by an electricity generator (within the meaning of the Energy Services Corporations Act 1995) before the appointed day, other than a protected contract. (2) Despite clause 2 of Schedule 2 to the 1997 Act: (a) section 78 of the National Electricity (NSW) Law applies, and (b) section 83 of the Electricity (Pacific Power) Act 1950 does not apply, for the purposes of any contract to which this clause applies and of any proceedings arising out of, or calling into question any provision of, a contract to which this clause applies. (3) This clause does not affect the operation of clause 2 of Schedule 2 to the 1997 Act with respect to a protected contract.