Electricity Corporations Act 2005 (WA)

Western Australia Electricity Corporations Act 2005 Western Australia Electricity Corporations Act 2005 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Relationship to GTE Act 1 Part 2 — Electricity Corporations Division 1 — Establishment of corporations 4. Corporations established 1 5. Corporations not to be regarded as agents of State for purposes of State laws 1 6. Corporations and officers not part of Public Service 1 7. Head office of Regional Power Corporation 1 Division 3 — Staff Subdivision 2 — Power to engage and manage staff 18. Powers in relation to staff 1 19. Certain industrial matters excluded from employment agreements 1 Subdivision 3 — Minimum standards for staff management 21. Standards to be set out in instrument 1 22. Reports to Public Sector Commissioner 1 Subdivision 4 — Joint policy on staff transfers 23. Corporations to have joint policy approved by Minister 1 24. Amendment of policy statement 1 25. Consultation with staff 1 Subdivision 5 — Superannuation 26. Superannuation 1 Division 4 — Staff codes of conduct 31. Codes of conduct 1 32. Reports to Public Sector Commissioner 1 33. Reports to Minister 1 Part 3 — Functions and powers of corporations Division 1 — Functions, powers and related provisions Subdivision 1 — Preliminary 34. Terms used 1 Subdivision 2 — Electricity Generation and Retail Corporation 35. Principal functions 1 36. Other functions 1 37. Restriction on area in which corporation may operate 1 38. Wholesale acquisition or supply of electricity 1 39. Matters for regulations or wholesale arrangements 1 Subdivision 3 — Electricity Networks Corporation 41. Principal functions 1 42. Other functions 1 43. Restriction on area in which corporation may operate 1 Subdivision 5 — Regional Power Corporation 50. Principal functions 1 51. Other functions 1 52. Restriction on area in which corporation may operate 1 Subdivision 6 — Special function in respect of certain assets and liabilities 53. Administration under delegated power 1 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 1 Subdivision 8 — Provisions applying to functions of all corporations 57. Where corporation may operate 1 59. Powers 1 60. Certain works exempt from planning laws 1 61. Limitation of corporation's duty to act on commercial principles 1 62. Segregation of functions 1 63A. Matters for regulations or segregation arrangements 1 63. Interruption or restriction of supply 1 71. Delegation 1 72. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994 1 Division 3 — Arrangements authorised or approved by Governor 75. Governor may make certain regulations 1 Part 4 — Operation of corporations, imposition of requirements 80. Terms used 1 81. Object of this Part 1 82. Minister may prescribe contracts 1 83. Matters that may be provided for 1 84. Amendment or cancellation 1 85. Enforcement 1 86. Advice of Economic Regulation Authority to be obtained 1 87. Trade practices exemption 1 Part 5 — Ministerial directions 111. Directions that cannot be given under GTE Act s. 108 1 114. Directions relating to supply of gas 1 Part 7 — Miscellaneous 134. Laying documents before Parliament not sitting 1 137. Delegation by Treasurer 1 138. Regulations 1 Part 8 — Amendments to other written laws 140. Power to amend subsidiary legislation 1 Part 9 — Transitional provisions for succession from Western Power Corporation to new corporations Division 1 — Preliminary 141. Purpose of this Part 1 142. Terms used 1 143. Saving 1 Division 2 — Powers conferred on Minister 144. Power for certain agreements to be made before commencement day 1 145. Minister may give directions 1 146. Directions to be laid before Parliament 1 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 1 148. Order may provide for transfer to subsidiary 1 149. Transfer order schedules 1 150. Treatment of certain internal arrangements of Western Power Corporation 1 151. Power to make subsequent order 1 152. References in Government agreements 1 153. Amendment of transfer orders 1 Subdivision 2 — Operation of transfer orders 154. Allocation to one new corporation 1 155. Order for transfer to subsidiary 1 156. Allocation to more than one new corporation 1 157. Replacement of Western Power Corporation in proceedings 1 158. Handing over of records 1 159. Changes to Government agreements 1 Subdivision 3 — Re‑allocation of assets, rights and liabilities 160. Order for re‑allocation 1 161. Re‑allocation to have effect from commencement day 1 162. Handing over of records 1 Subdivision 4 — Order that allocated assets or liabilities pass instead to the State 163. Minister may order s. 169 is to apply 1 164. Effect of order 1 165. Handing over of records 1 Subdivision 5 — Replacement of party in proceedings 166. Order for replacement 1 167. Effect of order 1 168. Handing over of records 1 Subdivision 6 — Assets, liabilities and proceedings not otherwise provided for 169. Unallocated assets and liabilities to be dealt with by Minister 1 170. Provisions incidental to s. 169 1 171. State to be party to proceedings if no provision made 1 172. Handing over of records 1 Subdivision 7 — Other matters relating to passing of assets and liabilities 173. Continuation of guarantees in respect of Western Power Corporation 1 174. Guarantees to which s. 173 does not apply 1 175. Certain joint tenancies preserved 1 176. Western Power Corporation to complete necessary transactions 1 177. Exemption from State taxation 1 178. Registration of documents 1 Division 4 — Staff 179. Transition of employment 1 180. Employees' rights preserved 1 Division 5 — Contracts with tariff customers 181. Minister to prescribe contracts 1 Division 6 — Other transitional provisions 182. Annual report 1 183. Continuation of certain directions given to Western Power Corporation 1 184. Completion of things commenced 1 185. Continuing effect of things done 1 186. Immunity to continue 1 187. Agreements and instruments generally 1 188. Western Power Corporation to perform necessary transitional functions 1 Division 7 — Making of further provision by regulation 189. Powers of rectification and similar matters 1 190. Further provision may be made by regulation 1 191. Regulations may operate from commencement day 1 Division 8 — Indemnities and guarantees 192. Treasurer may give indemnity and guarantee 1 Part 10 — Provisions for merger of corporations Division 1 — Preliminary 193. Purpose of Part 1 194. Terms used 1 195. Saving 1 Division 2 — Merger 196. Merger of corporations 1 197. Corporations to implement or facilitate merger 1 Division 3 — Directions by Minister 198. Minister may give directions 1 199. Directions to be laid before Parliament 1 Division 4 — Devolution of assets, rights, liabilities and proceedings and related provisions 200. Assets, rights and liabilities 1 201. Proceedings and remedies 1 202. Continuation of guarantees 1 203. Joint tenancies preserved 1 204. Exemption from State taxation 1 205. Registration of documents 1 Division 5 — Staff 206. Members of staff 1 207. Preservation of rights 1 Division 6 — Other provisions 208. Renaming of continuing corporation does not affect status 1 209. Compliance with policy instruments 1 210. Financial reporting: merging corporation 1 211. Financial reporting: continuing corporation 1 212. Continuation of certain directions 1 213. Amount in lieu of rates 1 214. Dividends 1 215. Completion of things commenced 1 216. Continuing effect of things done 1 217. Immunity to continue 1 218. Agreements, instruments and documents 1 219. Treasurer may give indemnity and guarantee 1 220. Government agreements not affected 1 221. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Electricity Corporations Act 2005 An Act to provide for the establishment and operation of electricity corporations and for related matters. [Long title inserted: No. 25 of 2013 s. 4.]