Electricity Companies Act 1997 (Tas)

Electricity Companies Act 1997

An Act to provide for the establishment of companies in respect of the transmission, distribution and retailing of electricity in Tasmania and for related purposes [Royal Assent 22 December 1997]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Electricity Companies Act 1997 .

2. Commencement (1) Sections 1 , 24 , 25 , 26(3) and 27 , this section and Schedules 2 and 3 commence on the day on which this Act receives the Royal Assent. (2) Except as provided in subsection (1), the remaining provisions of this Act commence on a day or days to be proclaimed.

3. Interpretation In this Act – company means a company formed under section 5 ; dispose of, in relation to a transmission system, distribution network or part of a transmission system or distribution network, includes – (a) the giving by a company of a right by lease, licence or any other means which would be inconsistent with the company continuing to use, possess or occupy that transmission system or distribution network or that part of a transmission system or distribution network for the primary purpose for which the company was formed under section 5 ; and (b) the disposal of that transmission system or distribution network or that part of a transmission system or distribution network by the company to its subsidiary; distribution has the same meaning as in the Electricity Supply Industry Act 1995 ; distribution network has the same meaning as in the Electricity Supply Industry Act 1995 ; generation has the same meaning as in the Electricity Supply Industry Act 1995 ; incorporation means incorporation under the Corporations Act; incorporation day means the day on which a company is incorporated; liability includes any liability, duty and obligation, whether actual, contingent or prospective; member of a company means a member referred to in section 8 ; principal objectives means the principal objectives of a company specified in section 6 ; property means – (a) any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property (other than Crown land, within the meaning of the Crown Lands Act 1976 ), including wayleaves; and (b) money, documents and securities; and (c) any other rights; retailing has the same meaning as in the Electricity Supply Industry Act 1995 ; right includes any right, power, privilege and immunity, whether actual, contingent or prospective; subsidiary has the same meaning as in the Corporations Act; transfer notice means a notice made under section 10(2) ; transmission has the same meaning as in the Electricity Supply Industry Act 1995 ; transmission system has the same meaning as in the Electricity Supply Industry Act 1995 .