{"id":"electricity-corporations-act-1994","name":"Electricity Corporations Act 1994","slug":"electricity-corporations-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31941,"registerId":"sa-electricity-corporations-act-1994-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity Corporations Act 1994","content":"South Australia\nElectricity Corporations Act 1994\nAn Act to provide for the supply of electrical energy; to establish a corporation or corporations for that purpose; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\n6\tElectricity transmission corporation and functions\n7\tElectricity distribution functions\n7A\tPower of Minister to vary functions\nPart 4—Electricity Transmission Corporation\nDivision 1—Establishment of corporation\n34\tEstablishment of corporation\n35\tInterpretation\n36\tCorporate capacity\n37\tApplication of Public Corporations Act 1993\n38\tFunctions may be performed within or outside State\n39\tPowers of corporation\n40\tCorporation to furnish Treasurer with certain information\n41\tCommon seal and execution of documents\nDivision 2—Board\n42\tEstablishment of board\n43\tConditions of membership\n44\tVacancies or defects in appointment of directors\n45\tRemuneration\n46\tBoard proceedings\nDivision 3—Staff\n47\tStaff of corporation\nPart 5—Miscellaneous\n48\tMining at Leigh Creek\n48A\tLiability of electricity corporations to council rates\n49\tRegulations\nSchedule 1—Superannuation\nPart A—Preliminary\n1\tInterpretation\nPart B—The Electricity Industry Superannuation Board\n2\tThe Electricity Industry Superannuation Board\n3\tFunction of Board\n4\tBoard's membership\n5\tProcedure at meetings of Board\nPart C—Ownership of Scheme assets\n6\tOwnership of Scheme assets\nPart D—Reports\n7\tReports\nPart E—Transfer of members of the non-contributory scheme\n8\tTransfer of members of the non-contributory scheme\nPart F—Miscellaneous\n9\tExclusion of section 35B of Trustee Act 1936\n10\tClosure of Division 2 of the Scheme\n11\tTreasurer may vary Rules in relation to taxation\n12\tAppeal to trustee against rule under clause 11\n13\tSeparation of Trust Deed from Schedule\n14\tObligations of employers\n15\tRegulations in connection with transfer of members or beneficiaries to public sector superannuation scheme\n16\tRepeal of Schedule\nSchedule 2—Transitional provisions\n2\tInterpretation\n3\tTransitional provisions relating to Trust\n4\tTransitional provisions relating to superannuation\n5\tStatutory easement\n6\tInscribed debenture stock\nSchedule 3—Transfer of assets, liabilities and staff between electricity corporations\nPart A—Preliminary\n1\tInterpretation\n2\tMinisterial directions relating to transfers\n3\tTerritorial application of Schedule\nPart B—Transfer of assets and liabilities\n4\tTransfer of assets and liabilities to electricity corporation\n5\tConditions of transfer\n6\tIndemnity if transfer and discharge of liability not recognised under other law\n7\tTransitional provisions\n8\tRegistering authorities to note transfer\n9\tExclusion of obligation to enquire\n10\tStamp and other duties or taxes\n11\tEvidence\nPart C—Transfer of staff\n12\tTransfer of staff\nPart D—General\n13\tSchedule overrides other laws\n14\tEffect of things done or allowed under Schedule\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Electricity Corporations Act 1994.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\nboard, in relation to an electricity corporation, means the board of directors established under this Act as the governing body of the electricity corporation;\ndirector means a member of the board of an electricity corporation;\nelectricity corporation means—\n\t(c)\tan electricity transmission corporation established under Part 4; or\n\t(d)\ta subsidiary of a body referred to in a preceding paragraph of this definition;\nsubsidiary has the same meaning as in the Public Corporations Act 1993.\n6—Electricity transmission corporation and functions\n\t(1)\tFor the purposes of this Act, an electricity transmission corporation has electricity transmission and system control functions.\n\t(2)\tFor the purposes of this Act, electricity transmission and system control functions of a corporation include the following:\n\t(a)\ttransmitting electricity;\n\t(b)\tcoordinating operation of the generation, transmission and distribution facilities of the South Australian electricity supply system;\n\t(c)\tcontrolling the security of the South Australian electricity supply system;\n\t(ca)\tgenerating electricity for security of supply purposes;\n\t(d)\toperating and administering wholesale market trading arrangements for electricity;\n\t(e)\ttrading in electricity;\n\t(f)\tcarrying out research and development related to the corporation's functions;\n\t(g)\tproviding consultancy and other services within areas of the corporation's expertise;\n\t(h)\tcommercial development and marketing of products, processes and intellectual property produced or created in the course of the corporation's operations;\n\t(i)\tany other function conferred on the corporation by regulation or under any other Act.\n7—Electricity distribution functions\nFor the purposes of this Act, electricity distribution functions of a corporation include the following:\n\t(a)\tdistributing, supplying and retailing electricity;\n\t(b)\tmeeting obligations to ensure security of electricity supply to customers;\n\t(c)\tgenerating electricity (which may be supplied on a wholesale, retail or other basis);\n\t(d)\ttrading in electricity and fuels;\n\t(e)\tcarrying out research and works directed towards energy conservation and actively encouraging, advising and assisting customers and potential customers of the corporation in energy conservation and in the efficient and effective use of energy;\n\t(f)\tcarrying out research and development related to the corporation's functions;\n\t(g)\tproviding consultancy and other services within areas of the corporation's expertise;\n\t(h)\tcommercial development and marketing of products, processes and intellectual property produced or created in the course of the corporation's operations;\n\t(i)\tany other function conferred on the corporation by regulation or under any other Act.\n7A—Power of Minister to vary functions\nThe Minister may, by direction to an electricity corporation, relieve it of functions, add to its functions or otherwise vary its functions as the Minister considers necessary or expedient in consequence of—\n\t(a)\taction taken under the Electricity Corporations (Restructuring and Disposal) Act 1999; or\n\t(b)\tthe operation of the National Electricity (South Australia) Law and the National Electricity Code (as defined in that Law).\nPart 4—Electricity Transmission Corporation\nDivision 1—Establishment of corporation\n34—Establishment of corporation\n\t(1)\tAn electricity transmission corporation may be established by the Governor by regulation.\n\t(2)\tThe regulations must name the corporation.\n35—Interpretation\nIn the remaining provisions of this Part, a reference to the transmission corporation is a reference to an electricity transmission corporation established under section 34.\n36—Corporate capacity\nThe transmission corporation—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued in its corporate name; and\n\t(d)\thas the functions and powers assigned or conferred by or under this or any other Act.\n37—Application of Public Corporations Act 1993\nThe transmission corporation is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply.\n38—Functions may be performed within or outside State\nThe transmission corporation may perform its functions within and outside the State.\n39—Powers of corporation\n\t(1)\tThe transmission corporation has all the powers of a natural person together with powers conferred on it under this or any other Act.\n\t(2)\tThe transmission corporation may exercise its powers within and outside the State.\n40—Corporation to furnish Treasurer with certain information\n\t(1)\tThe transmission corporation must furnish the Treasurer with such information or records in the possession or control of the corporation as the Treasurer may require in such manner and form as the Treasurer may require.\n\t(2)\tSubsections (2), (3) and (4) of section 7 of the Public Corporations Act 1993 apply in relation to such a requirement of the Treasurer in the same way as to a requirement of the Minister under that section.\n41—Common seal and execution of documents\n\t(1)\tThe common seal of the transmission corporation must not be affixed to a document except in pursuance of a decision of the board, and the affixing of the seal must be attested by the signatures of two directors.\n\t(2)\tThe transmission corporation may, by instrument under the common seal of the corporation, authorise a director, an employee of the corporation (whether nominated by name or by office or title) or any other person to execute documents on behalf of the corporation subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the transmission corporation.\n\t(4)\tA document is duly executed by the transmission corporation if—\n\t(a)\tthe common seal of the corporation is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the corporation by a person or persons in accordance with an authority conferred under this section.\nDivision 2—Board\n42—Establishment of board\n\t(1)\tA board of directors is established as the governing body of the transmission corporation.\n\t(2)\tThe board consists of—\n\t(a)\tfour members appointed by the Governor; and\n\t(b)\tthe chief executive officer.\n\t(3)\tThe board's membership must include persons who together have, in the Minister's opinion, the abilities and experience required for the effective performance of the transmission corporation's functions and the proper discharge of its business and management obligations.\n\t(4)\tAt least one member of the board must be a woman and one a man.\n\t(5)\tOne director (who must not be the chief executive officer) will be appointed by the Governor to chair meetings of the board.\n\t(6)\tThe Governor may appoint a director (who must not be the chief executive officer) to be the deputy of the director appointed to chair meetings of the board and the deputy may perform or exercise the functions and powers of that director in his or her absence.\n\t(7)\tOn the office of an appointed director becoming vacant, a person may be appointed under this section to the vacant office.\n43—Conditions of membership\n\t(1)\tA director will be appointed for a term, not exceeding three years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment.\n\t(2)\tThe Governor may remove an appointed director from office on the recommendation of the Minister.\n\t(3)\tThe Minister may recommend the removal of an appointed director on any ground that the Minister considers sufficient.\n\t(4)\tThe office of an appointed director becomes vacant if the director—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by notice in writing to the Minister; or\n\t(d)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(e)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(f)\tis removed from office under subsection (2).\n44—Vacancies or defects in appointment of directors\nAn act of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director.\n45—Remuneration\nAn appointed director is entitled to be paid from the funds of the transmission corporation such remuneration, allowances and expenses as may be determined by the Minister.\n46—Board proceedings\n\t(1)\tA quorum of the board consists of three members.\n\t(2)\tThe director appointed to chair meetings of the board will preside at each meeting of the board at which he or she is present.\n\t(3)\tIf the director appointed to chair meetings of the board is absent from a meeting of the board, the following provisions apply:\n\t(a)\tif another director has been appointed as that director's deputy and is present at the meeting—the deputy will preside at the meeting;\n\t(b)\tin any other case—a director (who must not be the chief executive officer) chosen by the directors present at the meeting will preside at the meeting.\n\t(4)\tA decision carried by a majority of the votes cast by directors at a meeting is a decision of the board.\n\t(5)\tEach director present at a meeting of the board has one vote on any question arising for decision and, if the votes are equal, the director presiding at the meeting may exercise a casting vote.\n\t(6)\tA conference by telephone or other electronic means between directors will, for the purposes of this section, be taken to be a meeting of the board at which the participating directors are present if—\n\t(a)\tnotice of the conference is given to all directors in the manner determined by the board for that purpose; and\n\t(b)\teach participating director is capable of communicating with every other participating director during the conference.\n\t(7)\tA proposed resolution of the board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if—\n\t(a)\tnotice of the proposed resolution is given to all directors in accordance with procedures determined by the board; and\n\t(b)\ta majority of the directors express their concurrence in the proposed resolution by letter, telex, facsimile transmission or other written communication setting out the terms of the resolution.\n\t(8)\tThe board must cause accurate minutes to be kept of its proceedings.\n\t(9)\tSubject to this Act, the board may determine its own procedures.\nDivision 3—Staff\n47—Staff of corporation\n\t(1)\tThe chief executive officer of the transmission corporation will be appointed by the board with the approval of the Minister.\n\t(2)\tThe transmission corporation may appoint such other employees as it thinks necessary or desirable.\n\t(3)\tAn employee's appointment will be on terms and conditions fixed by the transmission corporation.\nPart 5—Miscellaneous\n48—Mining at Leigh Creek\n\t(1)\tA sale or lease of any seam of coal vested in the Crown at or near Leigh Creek or a contract for any such sale or lease or a right to mine any such seam of coal cannot be made or granted by or on behalf of the Crown except as authorised by or under regulations made under the Electricity Corporations (Restructuring and Disposal) Act 1999.\n\t(2)\tWithout limiting SAGC's powers, SAGC may—\n\t(a)\tmine (by open or closed working) any seams of coal, vested in the Crown or SAGC, at or near Leigh Creek; and\n\t(b)\tmine (by open or closed working) any substance, vested in the Crown or SAGC, discovered in the course of operations for the mining of coal; and\n\t(c)\ttreat, grade, or otherwise prepare for sale, and use, sell or otherwise dispose of any coal or other substance so mined.\n\t(3)\tSAGC may authorise another body to exercise all or any of the powers conferred on SAGC under this section.\n\t(4)\tIn this section—\nSAGC means SA Generation Corporation established under Part 3 before the repeal of that Part, as converted into a company under the Corporations Law (whether or not its shares remain in Crown ownership).\n48A—Liability of electricity corporations to council rates\n\t(1)\tAn electricity corporation is liable to pay rates under the Local Government Act 1934.\n\t(2)\tFor rating purposes under the Local Government Act 1934—\n\t(a)\tland and buildings of an electricity corporation are ratable property within the meaning of that Act; and\n\t(b)\tthe following are not ratable property within the meaning of that Act:\n\t(i)\tplant or equipment used by an electricity corporation in connection with the generation, transmission or distribution of electricity (whether or not the plant or equipment is situated on land owned by the corporation);\n\t(ii)\teasements, rights of way or other similar rights (including such rights arising by virtue of a licence) that have been granted or operate in connection with the generation, transmission or distribution of electricity.\n\t(3)\tThis section operates despite any provisions of the Local Government Act 1934 or the Public Corporations Act 1993 and an electricity corporation does not have any liability under the Public Corporations Act 1993 to pay to the Treasurer any amount as the equivalent of rates under the Local Government Act 1934.\n49—Regulations\nThe Governor may make such regulations as are necessary or expedient for the purposes of this Act.\nSchedule 1—Superannuation\nPart A—Preliminary\n1—Interpretation\n\t(1)\tIn this Schedule, unless the contrary intention appears—\nthe Board means the Electricity Industry Superannuation Board—see Part B;\nelectricity supply industry has the same meaning as in the Electricity Act 1996;\nemployer means—\n\t(a)\ta person or body who employs a pre-privatisation member of the Scheme in the electricity supply industry;\n\t(b)\ta person or body who employs any other member of the Scheme in the electricity supply industry;\n\t(c)\ta public sector employer who employs a pre-privatisation member of the Scheme who accepted an offer made under section 24 of the Electricity Corporations (Restructuring and Disposal) Act 1999;\n\t(d)\ta gas trading company that employs a pre-privatisation member of the Scheme or any other member of the Scheme;\ngas trading company means—\n\t(a)\tTerra Gas trader Pty Ltd; and\n\t(b)\tany other body corporate—\n\t(i)\tcarrying on the business of trading in gas; or\n\t(ii)\tthat employs persons in, or in relation to, the business of trading in gas,\nthat has been declared by proclamation to be a gas trading company for the purposes of this Schedule;\nmember of the Scheme has the same meaning as in the Trust Deed;\npre-privatisation member means a person who was a member of Division 2, 3 or 4 of the Electricity Industry Superannuation Scheme immediately before the commencement of clause 10 but does not include a person who, after the commencement of that clause, ceased to be a member of the Scheme but is subsequently re-admitted to membership of the Scheme;\nprivate sector employer means an employer that is not the Crown, an electricity corporation or a State-owned company or any instrumentality of the Crown or statutory corporation;\npublic sector employer means an employer that is the Crown, an electricity corporation or a State-owned company or any instrumentality of the Crown or statutory corporation;\nthe Rules means the Rules referred to in the Trust Deed;\nthe Scheme means the Electricity Industry Superannuation Scheme—see clause 3 of the Trust Deed;\nthe Scheme assets has the same meaning as in the Trust Deed;\nState-owned company has the same meaning as in the Electricity Corporations (Restructuring and Disposal) Act 1999;\nthe Trust Deed means the Electricity Industry Superannuation Scheme Trust Deed.\n\t(2)\tIn this Schedule, a reference to a Commonwealth Act is a reference to that Act as amended from time to time or an Act enacted in substitution for that Act.\nPart B—The Electricity Industry Superannuation Board\n2—The Electricity Industry Superannuation Board\n\t(1)\tThe ETSA Superannuation Board continues in existence under the name Electricity Industry Superannuation Board.\n\t(2)\tThe Board—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued in its corporate name; and\n\t(d)\tis a constitutional corporation for the purposes of section 19 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; and\n\t(e)\thas the functions and powers assigned or conferred by this Schedule, the Trust Deed and the Rules; and\n\t(f)\tis not an agency or instrumentality of the Crown.\n\t(3)\tWhere a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Board.\n3—Function of Board\n\t(1)\tSubject to subclause (2), the Board is the trustee of the Scheme and is responsible for all aspects of the administration of the Scheme pursuant to this Schedule, the Trust Deed and the Rules.\n\t(2)\tSubject to subclause (3), the Board ceases to be the trustee of the Scheme at the end of the financial year in which, for the first time, all members of the Scheme who are employed in the electricity supply industry are employed by private sector employers.\n\t(3)\tThe private sector employers may, by a majority decision, extend the Board's office as trustee of the Scheme.\n\t(4)\tIf the Board ceases to be the trustee of the Scheme, the Treasurer may, by notice in the Gazette, dissolve the Board and in that event any assets of the Board in addition to the Scheme assets will vest in the new trustee of the Scheme and any liabilities of the Board will attach to the new trustee.\n4—Board's membership\n\t(1)\tThe Board consists of the following members:\n\t(a)\ttwo members elected by the members of the Scheme in accordance with the Rules; and\n\t(b)\tfour members appointed by the employers pursuant to the Rules; and\n\t(d)\ttwo members appointed by the United Trades and Labor Council; and\n\t(e)\tan independent member appointed by the other members of the Board.\n\t(2)\tIn the case of the members elected under subclause (1)(a), and in the case of the members appointed under subclause (1)(b), at least one must be a woman and at least one must be a man.\n\t(3)\tA member of the Board may, with the approval of the Board, appoint a deputy to the member and the deputy may, in the absence or during a temporary vacancy in the office of that member, act as a member of the Board.\n\t(4)\tSubject to subclause (5), a member of the Board will be elected or appointed for a term not exceeding three years determined in accordance with the Rules.\n\t(5)\tA member of the Board elected or appointed to fill a casual vacancy will be elected or appointed for the balance of the term of his or her predecessor.\n\t(6)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not re-elected or reappointed; or\n\t(c)\tresigns by written notice to the Board; or\n\t(d)\tis removed from office by the Board on the ground—\n\t(i)\tof mental or physical incapacity to carry out official duties satisfactorily; or\n\t(iv)\tthat the member is a disqualified person within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.\n5—Procedure at meetings of Board\n\t(1)\tA meeting of the Board will be chaired by the independent member but, if he or she is absent, the meeting will be chaired by a member of the Board chosen by those present.\n\t(2)\tSubject to subclause (3), the Board may act despite vacancies in its membership.\n\t(3)\tSix members of the Board constitute a quorum for a meeting of the Board.\n\t(4)\tEach member present at a meeting of the Board is entitled to one vote on a matter arising for determination at the meeting.\n\t(5)\tA decision of the Board requires the vote of six members of the Board in favour of the decision.\n\t(6)\tSubject to this Schedule, the Trust Deed and the Rules, the Board may determine its own procedures.\n\t(7)\tThe Board must keep minutes of its proceedings.\nPart C—Ownership of Scheme assets\n6—Ownership of Scheme assets\n\t(1)\tThe Scheme assets are vested in the Board and if the Board ceases to be the trustee of the Scheme, the Scheme assets are vested in the trustee for the time being of the Scheme.\n\t(2)\tNo stamp duty, financial institutions duty or debits tax is payable under the law of the State in respect of the vesting of Scheme assets in the Board or any other trustee of the Scheme by subclause (1).\n\t(3)\tNo person has an obligation under the Stamp Duties Act 1923, the Financial Institutions Duty Act 1983 or the Debits Tax Act 1990—\n\t(a)\tto lodge a statement or return relating to a matter referred to in subclause (2); or\n\t(b)\tto include in a statement or return a record or information relating to such a matter.\nPart D—Reports\n7—Reports\n\t(1)\tThe Board must, on or before 31 October in each year, submit a report to the Treasurer on the operation of this Schedule, the Trust Deed and the Rules and on the management and investment of the Scheme assets during the financial year ending on 30 June in that year.\n\t(2)\tThe report under subclause (1) must include the audited financial statements of the Scheme for the relevant financial year.\n\t(3)\tAn actuary appointed by the Board must, in relation to the triennium ending on 30 June 1999 and thereafter in relation to each succeeding triennium, report to the employers, the Board and the Treasurer—\n\t(a)\ton the employer costs of the Scheme at the time of making the report and during the foreseeable future; and\n\t(b)\ton the ability of the Scheme assets to meet the Scheme's current and future liabilities,\n(each report must be submitted within 12 months after the end of the relevant triennium).\n\t(4)\tThe Treasurer must, within six sitting days after receiving a report under this clause, have copies of the report laid before both Houses of Parliament.\n\t(5)\tWhere, under the Rules, the Board determines a rate of return that is at variance with the net rate of return achieved by investment of the Scheme assets, the Board must include its reasons for the determination in its report for the relevant financial year.\nPart E—Transfer of members of the non-contributory scheme\n8—Transfer of members of the non-contributory scheme\n\t(1)\tThe Treasurer may, by notice in writing to the Electricity Industry Superannuation Board and the South Australian Superannuation Board before the relevant day, transfer a member of the non-contributory scheme who is no longer employed by an employer within the meaning of this Schedule but who is entitled to preserved benefits in the non-contributory scheme to a superannuation scheme (to be specified in the notice) established by an Act of Parliament.\n\t(2)\tThe trustee of a scheme to whom a person is transferred under subclause (1) must open an employer contribution account in the name of the person and must credit to the account the balance credited in favour of the person in the non-contributory scheme immediately before the transfer.\n\t(3)\tThe Governor may, by regulation, make provisions of a transitional nature in relation to the transfer of a person under this clause.\n\t(4)\tA regulation under subclause (3) may—\n\t(a)\tmodify the provisions of the Act establishing the scheme to which the person has been transferred in their application to that person;\n\t(b)\toperate prospectively or retrospectively from a date specified in the regulation.\n\t(5)\tA notice under subclause (1) must identify the person or persons to whom it applies.\n\t(6)\tOn receipt of the notice, the Electricity Industry Superannuation Board must give notice to each person transferred advising him or her of the transfer.\n\t(7)\tOn the transfer of a person under this clause, his or her entitlements under the non-contributory scheme cease.\n\t(8)\tThe South Australian Superannuation Board may, from time to time, require the Electricity Industry Superannuation Board to provide it with information that is in its possession relating to persons transferred under this clause.\n\t(9)\tDespite any other Act or law to the contrary, the Electricity Industry Superannuation Board must comply with a requirement under subclause (8).\n\t(10)\tIn this clause—\nthe non-contributory scheme means the non-contributory superannuation scheme maintained under Part H of Schedule 1 of this Act repealed by the Electricity Corporations (Restructuring and Disposal) Act 1999;\nthe relevant day means the day on which the approval of the Treasurer ceases to be required for the variation or replacement of the Rules.\nPart F—Miscellaneous\n9—Exclusion of section 35B of Trustee Act 1936\nSection 35B of the Trustee Act 1936 does not apply to, or in relation to, the Scheme.\n10—Closure of Division 2 of the Scheme\n\t(1)\tSubject to subclause (2), a person cannot apply for membership of Division 2 of the Scheme after the commencement of this clause.\n\t(2)\tSubclause (1) does not apply to a person who is a member of Division 3 or 4 of the Scheme when he or she applies for membership of Division 2.\n11—Treasurer may vary Rules in relation to taxation\n\t(1)\tThe Treasurer may, after consultation with the trustee of the Scheme, insert into the Rules a rule or rules relating to changes in benefits for members and employer costs in relation to those benefits, following the Scheme's loss of constitutional protection.\n\t(2)\tA rule inserted by the Treasurer may—\n\t(a)\tprescribe a decrease in the level of gross benefits; or\n\t(b)\trequire benefits to be paid on an untaxed basis or partly on an untaxed basis; or\n\t(c)\tmake provisions of the kind referred to in both paragraphs (a) and (b),\nin order to avoid or reduce an increase in employer costs caused by changes in the incidence of taxation as a result of the Scheme's loss of constitutional protection.\n\t(3)\tSubject to subclause (4), the change in benefits effected by a rule made under this clause must not result in the level of net benefits to which a member, or a person in respect of a member, is entitled being less than the level of net benefits to which he or she would have been entitled if the Scheme had not lost constitutional protection.\n\t(4)\tThe level of net benefits to which a member, or a person in respect of a member, is entitled may be reduced below the level permitted by subclause (3) to avoid or reduce an increase in employer costs attributable to tax under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 of the Commonwealth in relation to the member.\n\t(5)\tA rule made under this clause may operate differently in relation to—\n\t(a)\tdifferent classes of members;\n\t(b)\tdifferent classes of benefits;\n\t(c)\tdifferent classes of components of benefits.\n\t(6)\tA rule made under this clause—\n\t(a)\tmust be made by notice in writing given to the trustee of the Scheme before the relevant day;\n\t(b)\tmay be varied or revoked by the Treasurer by notice in writing to the trustee before that day;\n\t(c)\tis not subject to the Subordinate Legislation Act 1978.\n\t(7)\tThe trustee of the Scheme may vary or replace a rule inserted in the Rules under this clause in the same manner as it can vary or replace any of the other rules of the Scheme.\n\t(8)\tIn this clause—\nlevel of gross benefits in relation to a member means the amount of the benefits to which the member, or another person in respect of the member, is entitled under the Scheme before tax attributable to those benefits has been paid or allowed for;\nlevel of net benefits in relation to a member means the amount of the benefits to which the member, or another person in respect of the member, is entitled after tax attributable to those benefits has been paid or allowed for using the tax rates applicable on the day on which the Scheme loses constitutional protection and based on the assumption that the member has reached the age of 55 years;\nthe relevant day means the day on which the approval of the Treasurer ceases to be required for the variation or replacement of the Rules.\n\t(9)\tFor the purposes of this clause—\n\t(a)\tbenefits are paid on an untaxed basis where the trustee of the Scheme has made an election under the Income Tax Assessment Act 1936 of the Commonwealth as a result of which the person receiving the benefits is liable for a higher rate of tax in relation to them;\n\t(b)\tthe Scheme loses constitutional protection when it ceases to be a constitutionally protected fund for the purposes of the Income Tax Assessment Act 1936 of the Commonwealth.\n12—Appeal to trustee against rule under clause 11\n\t(1)\tA member of the Scheme, or if the member has died, a person who is entitled to receive a benefit in respect of the member, may appeal to the trustee of the Scheme on the ground that a rule made under clause 11 has the effect in relation to the member of reducing the level of net benefits to which the member or other person is entitled below the level permitted by clause 11.\n\t(2)\tAn appeal—\n\t(a)\tmust be made in the manner and form determined by the trustee;\n\t(b)\tmay be made at any time before the expiration of six months after benefits have become payable to the member or other person and the member or other person has received a written statement from the trustee as to the amount of the benefits.\n\t(3)\tIf the trustee (after giving the appellant and the employer of the member, or former member, a reasonable opportunity to appear and be heard, either personally or by representative) is satisfied that the appeal should be allowed, it must—\n\t(a)\tvary the effect of the rule as it applies to, or in respect of, the member; and\n\t(b)\tdetermine the amount of the benefits to which the member or other person is entitled following the variation under paragraph (a); and\n\t(c)\tmake any ancillary determination or order that in its opinion is necessary or desirable.\n\t(4)\tNo proceedings for judicial review or for a declaration, injunction, writ, order or other remedy (other than an appeal under this clause) may be brought before a court, tribunal, or other person or body to challenge or question the validity or operation of a rule made under clause 11.\n\t(5)\tIn this clause—\nlevel of net benefits has the same meaning as in clause 11.\n13—Separation of Trust Deed from Schedule\n\t(1)\tThe Trust Deed ceases to form part of this Schedule on a day to be fixed by the Treasurer for that purpose by notice published in the Gazette.\n\t(2)\tThe Trust Deed remains in full force and effect after separation from this Schedule under subclause (1).\n14—Obligations of employers\n\t(1)\tAn employer who employs a pre-privatisation member of the Scheme (whether before or after separation of the Trust Deed from this Schedule under clause 13) is bound by the Trust Deed as an employer under the Deed whether that person or body has agreed to be bound or not.\n\t(2)\tSubject to subclause (4), where the employment of a member is transferred by an employee transfer order under the Electricity Corporations (Restructuring and Disposal) Act 1999 from an electricity corporation or a State-owned company to a purchaser under a sale/lease agreement within the meaning of that Act, the purchaser is liable (unless the Trust Deed or the Rules expressly provide otherwise) to pay to the Scheme within the period of five years immediately following the transfer of the employment of the member an amount (to be determined by an actuary appointed by the Treasurer) sufficient to meet the unfunded liability of the Scheme in respect of the member's entitlement to benefits that accrued before the transfer of the member's employment to the purchaser.\n\t(2a)\tSubject to subclause (4), where shares in an electricity corporation or a State-owned company are transferred pursuant to a sale/lease agreement within the meaning of the Electricity Corporations (Restructuring and Disposal) Act 1999, the former electricity corporation or State-owned company is liable (unless the Trust Deed or the Rules expressly provide otherwise) to pay to the Scheme within the period of five years immediately following the transfer of the shares an amount (to be determined by an actuary appointed by the Treasurer) sufficient to meet the unfunded liability of the Scheme in respect of benefits—\n\t(a)\tthat accrued before the transfer of the shares occurred; and\n\t(b)\tthat accrued for the benefit of those persons who were employed by the corporation or company and were members of the Scheme when the shares were transferred.\n\t(3)\tThe Treasurer is liable to pay to the Scheme the amount required to fully satisfy the whole or that part (if any) of the liability of a purchaser under subclause (2) or a former electricity corporation or State-owned company under subclause (2a) that has not been satisfied by the purchaser or former electricity corporation or State-owned company within the period referred to in the relevant subclause and, on payment of that amount by the Treasurer, the purchaser or former electricity corporation or State-owned company is liable to pay the same amount to the Treasurer.\n\t(4)\tThe Treasurer may, by notice in writing to the purchaser or the former electricity corporation or State-owned company, release the purchaser or former electricity corporation or State-owned company from the whole or part of its liability under subclause (2) or (2a) and, in that event, the Treasurer must pay to the Scheme the equivalent of the amount by which the liability has been reduced.\n15—Regulations in connection with transfer of members or beneficiaries to public sector superannuation scheme\n\t(1)\tThe Governor may make regulations necessary or expedient to give effect to an arrangement to transfer the interests of a member or beneficiary to a public sector superannuation scheme (the transferee fund) under clause 20 of The Electricity Industry Superannuation Scheme Trust Deed.\n\t(2)\tWithout limiting the operation of subclause (1), regulations under this clause may—\n\t(a)\tprovide that particular persons, or particular classes of persons are, or are not, or have ceased to be, members or beneficiaries of the Scheme; or\n\t(b)\tmake provision for the transfer to a transferee fund of—\n\t(i)\tthe interest of a member or beneficiary in the Scheme and the amount or assets of the Scheme representing that interest; or\n\t(ii)\tany additional amount or assets (by way of reserves or otherwise) determined by the Minister on the advice of an actuary to be appropriate in the circumstances; or\n\t(c)\tprovide for transitional matters.\n16—Repeal of Schedule\n\t(1)\tThe Governor may, by proclamation, repeal this Schedule.\n\t(2)\tThe Board is dissolved on the day on which the repeal of this Schedule takes effect under subclause (1).\nThe Electricity Industry Superannuation Scheme Trust Deed\nNote—\nThe clauses of the Trust Deed will be renumbered when 36/1999 Sch 3 Pt 4 cl 4(j) comes into operation.\n1—Operation of Deed\n\t(1)\tThis Deed forms part of Schedule 1 of the Electricity Corporations Act 1994 as substituted by the Electricity Corporations (Restructuring and Disposal) Act 1999 until the Schedule and this Deed are separated under clause 13 of the Schedule.\n\t(2)\tThis Deed comes into operation at the same time as the Schedule.\n2—Interpretation\n\t(1)\tIn this Trust Deed, unless the contrary intention appears—\nactuary means—\n\t(a)\ta Fellow or Accredited Member of the Institute of Actuaries of Australia; or\n\t(b)\ta partnership at least one member of which must be a Fellow or Accredited Member of the Institute of Actuaries of Australia; or\n\t(c)\ta body corporate that employs or engages a Fellow or Accredited Member of the Institute of Actuaries of Australia for the purpose of providing actuarial advice;\namending Act means the Statutes Amendment (Electricity Industry Superannuation Scheme) Act 2006;\nthe Board means the Electricity Industry Superannuation Board continued in existence by Schedule 1 of the Electricity Corporations Act 1994;\ncommencement of this Deed—see clause 1;\nelectricity supply industry has the same meaning as in the Electricity Act 1996;\nemployer means—\n\t(a)\ta person or body who employs a pre-privatisation member of the Scheme in the electricity supply industry;\n\t(b)\ta person or body who employs any other member of the Scheme in the electricity supply industry;\n\t(c)\ta public sector employer who employs a pre-privatisation member of the Scheme who accepted an offer made under section 24 of the Electricity Corporations (Restructuring and Disposal) Act 1999;\n\t(d)\ta gas trading company that employs a pre-privatisation member of the Scheme or any other member of the Scheme;\ngas trading company means—\n\t(a)\tTerra Gas trader Pty Ltd; and\n\t(b)\tany other body corporate—\n\t(i)\tcarrying on the business of trading in gas; or\n\t(ii)\tthat employs persons in, or in relation to, the business of trading in gas,\nthat has been declared by proclamation to be a gas trading company for the purposes of this Deed;\nmember of the Scheme means a person who is a member of the Scheme pursuant to this Deed;\npre-privatisation member means a person who was a member of Division 2, 3 or 4 of the Electricity Industry Superannuation Scheme immediately before the commencement of clause 10 of the Schedule but does not include a person who, after the commencement of that clause, ceased to be a member of the Scheme but is subsequently re-admitted to membership of the Scheme;\nprivate sector employer means an employer that is not the Crown, an electricity corporation or a State-owned company or any instrumentality of the Crown or statutory corporation;\npublic sector employer means an employer that is the Crown, an electricity corporation or a State-owned company or any instrumentality of the Crown or statutory corporation;\npublic sector superannuation scheme means a superannuation scheme established or continued under an Act of South Australia or otherwise for the benefit of employees of an instrumentality or agency of the Crown;\nrelevant law means the law for the time being set out in—\n\t(a)\tthe Superannuation Industry (Supervision) Act 1993 of the Commonwealth; and\n\t(b)\tthe Income Tax Assessment Act 1936 of the Commonwealth; and\n\t(c)\tthe Superannuation (Resolution of Complaints) Act 1993 of the Commonwealth; and\n\t(d)\tsuch other Act, regulation, rule or other legislative instrument as the Trustee determines should be included in this definition;\nrepealed Schedule means Schedule 1 of the Electricity Corporations Act 1994 repealed by the Electricity Corporations (Restructuring and Disposal) Act 1999;\nthe Rules means the Rules of the Electricity Industry Superannuation Scheme (being the Rules of the ETSA Contributory Superannuation Scheme and the ETSA Non-Contributory Superannuation Scheme at the commencement of this Deed) as varied or replaced from time to time;\nthe Schedule means Schedule 1 of the Electricity Corporations Act 1994 as substituted by the Electricity Corporations (Restructuring and Disposal) Act 1999;\nthe Scheme means the Electricity Industry Superannuation Scheme—see clause 3;\nthe Scheme assets—see clause 9;\nState-owned company has the same meaning as in the Electricity Corporations (Restructuring and Disposal) Act 1999;\nTrustee means the Board or any body for the time being appointed to the office of trustee of the Scheme.\n\t(2)\tIn this Deed, a reference to a Commonwealth Act is a reference to that Act as amended from time to time or an Act enacted in substitution for that Act.\n\t(3)\tThe Rules form part of this Deed and accordingly a reference to the Deed includes a reference to the Rules.\n\t(4)\tAlthough the Rules form part of the Deed, a provision of the Deed applies to the exclusion of a provision of the Rules to the extent of any inconsistency between them.\n\t(5)\tIn this Deed—\n\t(a)\tevery word of the masculine gender will be construed as including the feminine gender;\n\t(b)\tevery word of the feminine gender will be construed as including the masculine gender;\n\t(c)\tevery word in the singular number will be construed as including the plural number;\n\t(d)\tevery word in the plural number will be construed as including the singular number;\n\t(e)\tevery word in either of those genders or numbers will be construed as including a body corporate as well as an individual.\n\t(6)\tA reference in this Deed to an Act, regulation, rule or other legislative instrument includes a reference to—\n\t(a)\tthat instrument as amended from time to time; and\n\t(b)\tan instrument that replaces or supersedes it; and\n\t(c)\ta regulation, rule or other instrument, and a written determination or ruling, made under or in connection with that instrument.\n\t(7)\tThe transfer of employment of a member from one employer to another employer under the Scheme, however effected, and whether voluntary or involuntary, will not be taken to involve the termination of the previous employment and does not give rise to an immediate or delayed entitlement to benefits under the Scheme.\n\t(8)\tIf a person ceases employment with 1 employer under the Scheme in order to take up employment with another employer under the Scheme within 1 month after that cessation of employment but dies or becomes an invalid before commencing employment with that other employer, the person will be taken to have terminated his or her employment for reason of such death or invalidity on the date of the cessation of his or her employment with the first employer.\n\t(9)\tIn subclauses (7) and (8)—\nemployer—\n\t(a)\tincludes a person or body who was not an employer for the purposes of this Deed until the employment of the member referred to in that subclause was transferred to the person or body; but\n\t(b)\tdoes not include a person or body if the member referred to in the subclause is employed by the person or body in another State or a Territory (unless the person or body has commenced making payments on behalf of the member or has otherwise agreed with the Board to be treated as an employer for the purposes of subclause (7));\ntransfer of employment—\n\t(a)\ta transfer of employment includes a case where a member resigns his or her employment with 1 employer under the Scheme and commences employment with another employer under the Scheme; and\n\t(b)\ta person will be taken to have transferred his or her employment if, and only if—\n\t(i)\tthe person's employment with a new employer under the Scheme commenced within 1 month after the cessation of employment with his or her previous employer under the Scheme; or\n\t(ii)\tthe person—\n\t(A)\tceased his or her employment with 1 employer under the Scheme and commenced employment with another employer under the Scheme before the commencement of the amending Act; and\n\t(B)\tis taken by the Board to have transferred his or her employment.\n\t(10)\tSubclause (9) applies as follows:\n\t(a)\tparagraph (b) of the definition of employer applies both prospectively and retrospectively;\n\t(b)\tthe definition of transfer of employment applies—\n\t(i)\tin relation to a person who has, before the commencement of the amending Act, been paid, or elected to preserve, a benefit on account of the cessation of his or her employment with an employer under the Scheme—prospectively only; and\n\t(ii)\tin relation to any other person—both prospectively and retrospectively.\n3—Continuation of Scheme\n\t(1)\tThe ETSA Contributory Superannuation Scheme continues in existence under the name Electricity Industry Superannuation Scheme.\n\t(2)\tThe ETSA Non-Contributory Superannuation Scheme continues in existence as a division of the Electricity Industry Superannuation Scheme.\n\t(3)\tSubject to subclause (2), the Scheme will be treated as made up of the divisions specified in the Rules.\n\t(4)\tThe Trustee may divide the Scheme assets into divisions according to the different investments that may be made of those assets.\n\t(5)\tThe Scheme assets will be allocated to the divisions of the Scheme in accordance with the Rules.\n4—Rules of the Scheme\n\t(1)\tSubject to the relevant law, the Trustee may, by instrument in writing, vary or replace the Rules.\n\t(2)\tThe Subordinate Legislation Act 1978 does not apply to, or in relation to, rules made under this clause.\n\t(3)\tThe Rules must conform with the provisions of the Schedule and this Trust Deed.\n\t(4)\tWhere the variation or replacement of a rule would result in an increase in the contribution to be made by an employer or increase the liability of the employer under the Scheme in any other way, the rule cannot be varied or replaced without the approval of the employer.\n\t(5)\tA variation or replacement of the Rules will be taken to come into operation on the date specified in the instrument varying or replacing the Rules whether being a date before or after the date on which the instrument was made.\n\t(6)\tThe Rules may confer discretionary powers.\n5—Reduction in benefits on changes in taxation\n\t(1)\tSubject to subclause (3), where the cost to employers of maintaining the existing level of benefits is increased by a change in the incidence of taxation occurring after the Scheme loses its status as a constitutionally protected fund under the Income Tax Assessment Act 1936 of the Commonwealth, the level of benefits is reduced to the extent necessary to avoid an increase in that cost.\n\t(2)\tThe extent of the reduction in the level of benefits under subclause (1) must be determined by the Trustee on the advice of an actuary.\n\t(3)\tIf the Trustee and all the employers agree that subclause (1) will operate to reduce the level of benefits to a lesser extent than is provided by that subclause, the subclause will operate in accordance with the agreement.\n6—Membership of the Scheme\n\t(1)\tThe following persons are members of the Scheme:\n\t(a)\tsubject to subclause (2), a person who was a contributor under the repealed Schedule immediately before the commencement of this Deed; and\n\t(b)\ta person who was a member of the non-contributory scheme under the repealed Schedule immediately before the commencement of this Deed; and\n\t(c)\tall other persons who are accepted as members of the Scheme pursuant to the Rules.\n\t(2)\tA contributor who died before the commencement of this Deed is a former member of the Scheme for the purposes of this Deed.\n\t(3)\tA person ceases to be a member of the Scheme on death or when his or her rights in relation to superannuation under the Scheme have been exhausted.\n\t(4)\tA person who has, before the commencement of the amending Act—\n\t(a)\taccepted an offer of public sector employment under section 24 of the Electricity Corporations (Restructuring and Disposal) Act 1999; and\n\t(b)\tbeen paid his or her accrued entitlements under the Scheme as at the date of the cessation of his or her private sector employment,\nwill be taken to have ceased to be a member of the Scheme when those entitlements were paid.\n8—Payment of benefits\n\t(1)\tBenefits are payable from the Scheme assets in accordance with the Rules.\n\t(2)\tA person who, whether before or after the commencement of this subclause—\n\t(a)\thas been paid, or has elected to preserve, his or her accrued entitlements under the Scheme as at the date of the cessation of his or her employment with an employer; and\n\t(b)\thas subsequently commenced employment with another employer (the new employer),\nis not entitled to a benefit arising from his or her membership of the Scheme before the commencement of his or her employment with the new employer (other than in respect of a preserved benefit).\n9—Scheme assets\n\t(1)\tThe Scheme assets are subject to the management and control of the Trustee.\n\t(2)\tThe Scheme assets comprise—\n\t(a)\tcontributions made by the contributors and the employers to the Scheme pursuant to the Rules; and\n\t(b)\tinterest and other income and other accretions arising from investment of the Scheme assets; and\n\t(c)\tamounts paid to the Scheme pursuant to clause 14 of the Schedule; and\n\t(d)\tany other income or assets transferred to the Scheme as part of the Scheme assets; and\n\t(e)\tsuch other assets as are required by the Rules to be included in the Scheme assets.\n\t(3)\tThe following amounts will be paid from the Scheme assets:\n\t(a)\tbenefits that are payable to, or in respect of, members or former members pursuant to the Rules; and\n\t(b)\tthe costs and other expenses of administering the Scheme; and\n\t(c)\tsuch other amounts as are provided for by the Rules.\n10—Investment of Scheme assets\n\t(1)\tThe Trustee may invest money comprising the Scheme assets that is not immediately required in any manner in which it could invest that money—\n\t(a)\tif acting as a trustee; or\n\t(b)\tif acting on its own behalf and not as a trustee.\n\t(2)\tWithout limiting subclause (1), the Trustee may—\n\t(a)\tparticipate in any financial arrangement (usually called a synthetic or derivative investment) for the purpose of risk management or hedging;\n\t(b)\tpool Scheme assets with other persons' assets for investment purposes.\n18—Accounts\n\t(1)\tThe Trustee must keep proper accounts of receipts and payments in relation to the Scheme and must, in respect of each financial year, prepare financial statements in relation to the Scheme.\n\t(2)\tSubject to subclause (2a), the Auditor-General must, on an annual basis, audit the accounts and financial statements referred to in subclause (1).\n\t(2a)\tThe Auditor-General may, as the Auditor-General thinks fit, appoint or authorise another person to conduct an audit on behalf of, or instead of, the Auditor‑General.\n\t(3)\tThe Trustee must, in accordance with the relevant law, appoint an actuary to prepare reports in relation to the Scheme in accordance with that law.\n12—Insurance\nThe Trustee may purchase and renew insurance of any kind for the purposes of the Scheme and may pay all insurance premiums from the Scheme assets.\n13—Exclusion of liability and indemnity\n\t(1)\tThe Trustee and the members and former members, or members or former members of the governing body, of the Trustee and employees and former employees of the Trustee are not liable in relation to any act or omission in connection with the administration of the Scheme or the Scheme assets in compliance, or purported compliance, with the Schedule, this Deed or the Rules except to the extent that the person—\n\t(a)\tfails to act honestly; or\n\t(b)\tintentionally or recklessly fails to exercise proper care and diligence.\n\t(2)\tIf, despite subclause (1), a person referred to in that subclause incurs a liability which the subclause purportedly protects him or her from, the person will be indemnified in respect of that liability from the Scheme assets.\n14—Benefits cannot be assigned\nA right to a benefit under the Scheme cannot be assigned.\n15—Governing law\nThis Deed is governed by the law of South Australia.\n16—Severance of invalid provision\nAny provision of this Deed that is—\n\t(a)\tinvalid in whole or in part; or\n\t(b)\trequired to be limited or read down in order to be valid,\nis severed or limited or read down to the extent of the invalidity, but the remainder of the provision continues in full force and effect.\n17—Withdrawal of employers and winding up of the Scheme\n\t(1)\tSubject to this clause, an employer may withdraw from the Scheme in accordance with the Rules.\n\t(2)\tAn employer who employs one or more pre-privatisation members of the Scheme in the electricity supply industry cannot withdraw from the Scheme without the consent in writing of the member or members concerned, provided that consent is not required where the employer is no longer obliged to contribute to Division 2, 3 or 4 of the Scheme in respect of the member or members concerned (but an employer is not considered to have ceased to be obliged to contribute only by virtue of being on a contribution holiday).\n\t(2a)\tA gas trading company that employs one or more pre-privatisation members of the Scheme cannot withdraw from the Scheme without the consent in writing of the member or members concerned, provided that consent is not required where the gas trading company has ceased to be obliged to contribute to Division 2, 3 or 4 of the Scheme in respect of the member or members concerned (but a gas trading company is not considered to have ceased to be obliged to contribute only by virtue of being on a contribution holiday).\n\t(3)\tIf all the employers have withdrawn from the Scheme the Trustee must wind the Scheme up in accordance with the Rules.\n19—Transfer of members or beneficiaries from Scheme to private sector fund\n\t(1)\tThe Trustee may make arrangements with the trustee of another superannuation fund that will be a successor fund to the Scheme (the transferee fund) to transfer the interest of a member or beneficiary in the Scheme to the transferee fund without the consent of the member or beneficiary.\n\t(2)\tWithout limiting the nature of the arrangements that the Trustee may enter into for the purpose of giving effect to a transfer under subclause (1), the Trustee may, subject to the advice of an actuary, transfer the interest of a member or beneficiary in the Scheme, and the amount or assets of the Scheme representing that interest, to the transferee fund and the Trustee may also transfer to the transferee fund any additional amount or assets (by way of reserves or otherwise) determined by the Trustee on the advice of an actuary to be appropriate in the circumstances.\n\t(3)\tThe transfer of the interest of a member or beneficiary under this clause does not create, trigger or result in the member, beneficiary or any person in respect of the member or beneficiary becoming entitled to receive any benefit or amount under any other provision of this Deed or otherwise.\n\t(4)\tBefore exercising its power under subclause (1), the Trustee must give at least 1 month's written notice to the affected member or beneficiary of its intention to transfer them to the transferee fund.\n\t(5)\tOn the transfer to the transferee fund of the whole of the interest of a member or beneficiary in the Scheme, that member or beneficiary will cease to be a member or beneficiary of the Scheme and the Trustee will be forever and irrevocably released and discharged from any liability to or in respect of the former member or former beneficiary or any other person in respect of the former member or former beneficiary (as the case may be) and any person claiming through or under them in connection with the interest of the former member or former beneficiary.\n\t(6)\tNo person (including any contingent beneficiary) has any right against the Trustee or an employer in respect of any money or assets transferred to a transferee fund in respect of a member or beneficiary under this clause.\n\t(7)\tThe Trustee's powers under this clause apply despite any other provision of this Deed or the Rules.\n\t(8)\tIn this clause—\nsuccessor fund—a superannuation fund is a successor fund in relation to a transfer of benefits of a member or beneficiary from the Scheme if—\n\t(a)\tit confers on the member or beneficiary rights in respect of benefits equivalent to those that the member or beneficiary had under the Scheme; and\n\t(b)\tbefore the transfer, the trustee of the fund has agreed with the Trustee that those equivalent rights will be conferred on the member or beneficiary if their benefits are transferred to the fund;\nsuperannuation fund means a fund that is, under section 45 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth, a complying superannuation fund for the purposes of the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997 of the Commonwealth, but does not include—\n\t(a)\ta public sector superannuation scheme; or\n\t(b)\ta fund, or a fund of a kind, prescribed by the regulations for the purposes of this definition.\n20—Transfer of members or beneficiaries from Scheme to public sector superannuation scheme\nThe Trustee may make arrangements with the governing body of a public sector superannuation scheme (the transferee fund) to transfer the interest of a member or beneficiary in the Scheme to the transferee fund without the consent of the member or beneficiary.\nSchedule 2—Transitional provisions\n2—Interpretation\nIn this Schedule—\nthe repealed Act means the Electricity Trust of South Australia Act 1946;\nthe Trust means the Electricity Trust of South Australia established under the repealed Act.\n3—Transitional provisions relating to Trust\n\t(1)\tETSA is the same body corporate as the Electricity Trust of South Australia established under the repealed Act.\n\t(2)\tA reference in an Act or instrument to the Trust is (where the context admits) to be read as a reference to ETSA.\n\t(3)\tThe offices of the members of the Trust are vacated on the commencement of this Act.\n4—Transitional provisions relating to superannuation\n\t(1)\tThe ETSA Superannuation Board is the same body corporate as the Electricity Trust of South Australia Superannuation Board established under the repealed Act.\n\t(2)\tThe ETSA Superannuation Fund is the same fund as the Electricity Trust of South Australia Superannuation Fund established under the repealed Act.\n\t(3)\tThe ETSA Contributory Superannuation Scheme is the same scheme as the Electricity Trust of South Australia Contributory Superannuation Scheme established under the repealed Act.\n\t(4)\tThe Electricity Trust of South Australia Non-Contributory Superannuation Scheme established under the repealed Act continues as a non-contributory superannuation scheme under Schedule 1.\n\t(5)\tThe Rules in force under Part 4B of the repealed Act continue in force as Rules under Schedule 1.\n5—Statutory easement\n\t(1)\tAn electricity corporation has an easement over land where—\n\t(a)\ta part of the transmission or distribution system operated by the corporation is on, above or under the land and the land does not belong to the corporation; and\n\t(b)\tthat part of the transmission or distribution system was as at 1 November 1988 on, above or under the land and the land did not then belong to the Trust.\n\t(2)\tThe easement entitles the electricity corporation—\n\t(a)\tto maintain the relevant part of the transmission or distribution system on, above or under the land affected by the easement;\n\t(b)\tto enter the land, by its agents or employees, at any reasonable time, for the purpose of examining, maintaining, repairing, modifying or replacing the relevant part of the transmission or distribution system;\n\t(c)\tto bring on to the land any vehicles or equipment that may be reasonably necessary for any of the above purposes.\n\t(3)\tThe powers conferred by the easement must be exercised so as to minimise, as far as reasonably practicable, interference with the enjoyment of the land by other persons.\n\t(4)\tIf there is any inconsistency between this clause and an instrument to which the electricity corporation is a party, the terms of the instrument prevail to the extent of the inconsistency.\n\t(4a)\tThe electricity corporation may, by instrument in writing—\n\t(a)\tsuspend or limit rights or impose conditions on the exercise of rights arising under the easement under this clause; or\n\t(b)\tsurrender (in whole or in part) the easement under this clause,\nand such an instrument has effect according to its terms.\n\t(5)\tAn easement under this clause need not be registered.\n\t(6)\tIn this clause—\ncable includes any kind of electrical conductor;\ntransmission or distribution system means—\n\t(a)\tthe network of cables by which an electricity corporation transmits or distributes electricity;\n\t(b)\tthe associated transformers and equipment of an electrical or other kind;\n\t(c)\tstructures for the support of any such cables, transformers or equipment,\nand includes any cable, transformer, equipment or structure used on a temporary basis for purposes related to the maintenance, repair or replacement of any part of the transmission or distribution system.\n6—Inscribed debenture stock\n\t(1)\tThis Act does not affect rights or liabilities in respect of debentures issued by the Trust before the commencement of this Act.\n\t(2)\tETSA—\n\t(a)\tmay, on the application of the owner of any such debentures, convert them into inscribed debenture stock; and\n\t(b)\tmust keep a register of inscribed debenture stock (the Register).\n\t(3)\tInscribed debenture stock will be taken to have been issued, and debentures will be taken to have been converted into inscribed debenture stock, when the name of the owner, and the amount and description of the stock, and any other particulars determined by ETSA, are entered in the Register.\n\t(4)\tA person whose name is inscribed in the Register as the owner of inscribed debenture stock will be taken to be the owner of that stock and may dispose of and transfer it in the manner prescribed by this clause and may give effectual receipts for any money paid by way of consideration for the stock.\n\t(5)\tETSA may, if it thinks reasonable cause exists for doing so, issue to any person a certificate stating that any person was (on a day and at an hour mentioned in the certificate) inscribed in the Register as the owner of a specified amount of inscribed debenture stock.\n\t(6)\tA certificate issued under subclause (5) will, in the absence of evidence to the contrary, be taken to be evidence of the fact stated in it.\n\t(7)\tThe legal ownership of inscribed debenture stock is not transferred from the owner whose name is inscribed in the Register to any other person until—\n\t(a)\tthat owner and the transferee have executed a transfer in a form fixed by ETSA, and the name of the transferee and the amount of the stock have been entered in the Register; or\n\t(b)\ta person to whom the title to the stock has passed on death or bankruptcy or otherwise by operation of law has produced to ETSA such reasonable evidence of title as ETSA requires, and that person's name has been entered in the Register as the owner of the stock.\n\t(8)\tNo notice of any trust, express, implied or constructive, affecting inscribed debenture stock, may be received by ETSA or entered in the Register or any other book kept by ETSA.\n\t(9)\tSubject to the provisions of this clause relating to the transfer and transmission of inscribed debenture stock and notice of trusts, equitable interests may be enforced against the owners of inscribed debenture stock.\nSchedule 3—Transfer of assets, liabilities and staff between electricity corporations\nPart A—Preliminary\n1—Interpretation\nIn this Schedule—\nasset means property including property held in a fiduciary capacity;\ndocument includes any disc, tape or other medium in which information is stored;\nguarantee includes indemnity;\ninstrument includes a legislative instrument and a judgment, order or process of a court;\nland includes an estate or interest in land;\nlegal proceedings includes an arbitration and an administrative proceeding;\nliability means a present, future or contingent liability (arising either at law or in equity) and includes a duty or non-pecuniary obligation;\nproperty means real or personal property and includes—\n\t(a)\ta chose in action; and\n\t(b)\ta present, future or contingent right, privilege, interest or power;\nsecurity means—\n\t(a)\ta mortgage, charge, lien, or pledge; or\n\t(b)\ta guarantee; or\n\t(c)\tany other security for, or instrument relating to, the payment of money or the discharge of any other liability;\ntransferee, in relation to a transferred asset or liability, means the body to which the asset or liability has been transferred;\ntransferor, in relation to a transferred asset or liability, means the body from which the asset or liability has been transferred;\ntransferred asset means an asset transferred under this Schedule;\ntransferred liability means a liability transferred under this Schedule.\n2—Ministerial directions relating to transfers\nThe Minister may give directions to an electricity corporation requiring it to carry out work directed towards the transfer of assets and liabilities between the corporation and another electricity corporation or proposed electricity corporation.\n3—Territorial application of Schedule\n\t(1)\tThis Schedule applies both within and outside the State.\n\t(2)\tThis Schedule applies outside the State to the full extent of the extra-territorial legislative power of the State.\nPart B—Transfer of assets and liabilities\n4—Transfer of assets and liabilities to electricity corporation\n\t(1)\tThe Minister may, by order in writing, transfer assets or liabilities (or both) between electricity corporations.\n\t(2)\tAn order under this clause may be varied or revoked by the Minister by further order in writing made before the order takes effect.\n\t(3)\tAn order may not be made under this clause transferring assets or liabilities (or both) to or from an electricity generation corporation or an electricity transmission corporation established under Part 3 or 4 more than 12 months after the establishment of the corporation (other than an order effecting a transfer between such a corporation and a subsidiary of the corporation).\n\t(4)\tA transfer of an asset or liability under this clause operates by force of this Schedule and despite the provisions of any other law or instrument.\n\t(5)\tA transfer of a liability under this clause operates to discharge the transferor from the liability.\n5—Conditions of transfer\n\t(1)\tThe Minister may, by order in writing, fix the conditions on which assets or liabilities are transferred to an electricity corporation under this Schedule.\n\t(2)\tAn order under this clause may be varied or revoked by the Minister by further order in writing.\n\t(3)\tThe conditions of transfer may, for example, do one or more of the following:\n\t(a)\tassign a value to particular transferred assets, or transferred assets of a particular class;\n\t(b)\tassign a value to particular transferred liabilities, or transferred liabilities of a particular class;\n\t(c)\tassign a net value to particular transferred assets and liabilities, or transferred assets and liabilities of particular classes;\n\t(d)\timpose on the transferee of assets, or assets and liabilities, a liability (in terms set out in the order) to the transferor reflecting the value or net value assigned by the Minister to the assets, or the assets and liabilities.\n6—Indemnity if transfer and discharge of liability not recognised under other law\nIf—\n\t(a)\tthe transfer of a liability under this Schedule and the consequent discharge from the liability is not recognised under the law of a place outside South Australia; and\n\t(b)\tthe transferor is required under the law of that place to make a payment in satisfaction of the liability,\nthe transferor is entitled to be indemnified by the transferee for the payment.\n7—Transitional provisions\nThe following transitional provisions apply in relation to transferred assets and liabilities:\n\t(a)\tif an instrument or other document, or oral agreement, understanding or undertaking, is applicable to a transferred asset or liability, then for the purpose of construing the instrument or other document or oral agreement, understanding or undertaking (so far as it applies to the transferred asset or liability)—\n\t(i)\ta reference to the transferor is to be construed as a reference to the transferee; and\n\t(ii)\ta reference to an officer of the transferor is to be construed as a reference to the corresponding officer of the transferee or an officer designated by the chief executive officer of the transferee as the corresponding officer; and\n\t(b)\tan instruction, order, authority or notice given to the transferor before the transfer takes effect is, so far as it is referable to a transferred asset or liability, taken to have been given to the transferee; and\n\t(c)\tif a security held by the transferor is referable to a transferred asset or liability, then, so far as it is referable to the transferred asset or liability—\n\t(i)\tthe security is available to the transferee as security for the discharge of the liabilities to which it relates including, where the security extends to future liabilities, any such liabilities incurred after the transfer; and\n\t(ii)\tthe transferee is entitled to the same rights and priorities and subject to the same liabilities in relation to the security as those to which the transferor would have been entitled or subject if there had been no transfer; and\n\t(d)\tthe transferee is entitled to possession of all documents to which the transferor was entitled immediately before the transfer took effect that are entirely referable to a transferred asset or liability and is entitled to access to, and copies of, all documents that are referable to both a transferred asset or liability and any other asset or liability that is not transferred; and\n\t(e)\ta negotiable instrument or order for payment drawn by or on, or accepted or endorsed by the transferor, is (if the transferor's liability under the instrument or order is a transferred liability) payable by the transferee in the same way as if it had been drawn by or on, or accepted or endorsed (as the case may be) by the transferee; and\n\t(f)\tif a transferred asset consists of rights to the possession or use of property under a lease or other agreement, the transferee may exercise those rights without giving rise to any liability on the part of the transferor for parting with possession of the property, or permitting the possession or use of the property by another person, contrary to the terms of the lease or agreement; and\n\t(g)\tthe transferee has the same right to ratify a contract or agreement relating to an asset or liability transferred to it from the transferor as the transferor would have had if there had been no transfer; and\n\t(h)\tlegal proceedings in respect of a transferred asset or liability commenced by or against the transferor must (subject to discontinuance) be continued and completed by or against the transferee; and\n\t(i)\tin legal proceedings relevant to a transferred asset or liability—\n\t(i)\tthe transferee will have the same rights and privileges as the transferor would have had if there had been no transfer; and\n\t(ii)\ta document that could have been given in evidence by or against the transferor if there had been no transfer may be given in evidence by or against the transferee; and\n\t(j)\tthe transferee may execute an instrument discharging, surrendering, transferring or otherwise dealing with a transferred asset or liability either in its own name or in the transferor's name.\n8—Registering authorities to note transfer\n\t(1)\tThe Registrar-General or any other authority required or authorised under a law of the State to register or record transactions affecting assets or liabilities, or documents relating to such transactions—\n\t(a)\tmust, on the application of the transferee, register or record in the appropriate manner the transfer of any transferred asset or liability; and\n\t(b)\tmust register an instrument in registrable form, executed by the transferee, relating to property that is a transferred asset even though the transferee is not registered as the proprietor of the property.\n\t(2)\tIf property is registered in the name of an electricity corporation, the Registrar-General or other registering authority may register a dealing with the property by the corporation or another electricity corporation without being concerned to enquire whether the property is or is not a transferred asset.\n9—Exclusion of obligation to enquire\n\t(1)\tA person dealing with an electricity corporation is not obliged to enquire whether property to which the transaction relates is or is not a transferred asset.\n\t(2)\tIf an electricity corporation purports to deal with property as if entitled to it, the transaction is valid even though the corporation purporting to deal with the property is not entitled to do so because the property is, or is not, a transferred asset.\n\t(3)\tHowever, this clause does not validate a transaction if the party dealing with the electricity corporation has actual notice of the deficiency of title, or acts fraudulently.\n10—Stamp and other duties or taxes\n\t(1)\tNo stamp duty or other duty or tax is payable under a law of the State in respect of—\n\t(a)\tany transfer effected by order of the Minister under this Act; or\n\t(b)\tany other transfer or assignment of assets or liabilities between electricity corporations; or\n\t(c)\tan application or entry made, or receipt given or anything else done for a purpose connected with, or arising out of, such a transfer or assignment.\n\t(2)\tNo person has an obligation under the Stamp Duties Act 1923 or any other Act—\n\t(a)\tto lodge a statement or return relating to a matter referred to in subclause (1); or\n\t(b)\tto include in a statement or return a record or information relating to such a matter.\n11—Evidence\n\t(1)\tA certificate issued by the Minister certifying as to the transfer or non-transfer of an asset or liability under this Schedule is to be accepted in any legal proceedings as conclusive evidence of the matter so certified.\n\t(2)\tAn apparently genuine document purporting to be a certificate of the Minister under subclause (1) is to be accepted in any legal proceedings as such a certificate in the absence of proof to the contrary.\nPart C—Transfer of staff\n12—Transfer of staff\n\t(1)\tThe Minister may, by order in writing, transfer an employee from a position in the employment of one electricity corporation to a position in the employment of another.\n\t(2)\tAn order under this clause may be varied or revoked by the Minister by further order in writing made before the order takes effect.\n\t(3)\tA transfer under this clause does not—\n\t(a)\taffect the employee's remuneration; or\n\t(b)\tinterrupt continuity of service; or\n\t(c)\tconstitute a retrenchment or redundancy.\n\t(4)\tExcept with the employee's consent, a transfer under this clause must not involve—\n\t(a)\tany reduction in the employee's status; or\n\t(b)\tany change in the employee's duties that would be unreasonable having regard to the employee's skills, ability and experience; or\n\t(c)\tany change in the employee's place of employment unless the new place of employment is within reasonable commuting distance from the employee's former place of employment.\n\t(5)\tFor the purposes of subclause (4), responsibility for the same or similar business operations that are smaller in scope as a result of a reduction of the business operations, or responsibility for a lesser number of staff, does not, of itself, constitute a reduction in status.\n\t(6)\tA person who is transferred from one electricity corporation to another under this clause is taken to have accrued as an employee of the corporation to which the person is transferred an entitlement to annual leave, sick leave and long service leave that is equivalent to the entitlements that the person had accrued, immediately before the transfer took effect, as an employee of the corporation from which he or she was transferred.\n\t(7)\tA transfer under this clause does not give rise to a right to any remedy or entitlement arising from cessation or change of employment.\n\t(8)\tFor the purposes of construing a contract applicable to a transferred employee, a reference to the electricity corporation from which the person is transferred is to be construed as a reference to the corporation to which the person is transferred.\nPart D—General\n13—Schedule overrides other laws\nThis Schedule has effect despite the provisions of the Real Property Act 1886 or any other law.\n14—Effect of things done or allowed under Schedule\nNothing done or allowed under this Schedule—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a breach of a duty of confidence (whether arising by contract, in equity, by custom, or in any other way); or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\tterminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n\t(f)\treleases a surety or other obligee wholly or in part from an obligation.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Electricity Corporations Act 1994 repealed the following:\nThe Adelaide Electric Supply Company Act 1944\nThe Adelaide Electric Supply Company's Acts 1897-1931\nElectricity Act 1943\nElectricity (Country Areas) Subsidy Act 1962\nElectricity Supplies (Country Areas) Act 1950\nElectricity Supply (Industries) Act 1963\nElectricity Trust of South Australia Act 1946\nThe Electricity Trust of South Australia (Penola Undertaking) Act 1967\nLocal Electricity Undertakings (Securities for Loans) Act 1950\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1994\n89\nElectricity Corporations Act 1994\n15.12.1994\n1.7.1995 (Gazette 29.6.1995 p2978)\n1995\n54\nElectricity Corporations (ETSA Board) Amendment Act 1995\n3.8.1995\n25.1.1996 (Gazette 25.1.1996 p804)\n1996\n43\nElectricity Corporations (Schedule 4) Amendment Act 1996\n20.6.1996\n1.7.1996 (Gazette 20.6.1996 p2970)\n1996\n55\nElectricity Corporations (Generation Corporation) Amendment Act 1996\n8.8.1996\n1.12.1996 (Gazette 28.11.1996 p1744)\n1996\n96\nElectricity Act 1996\n19.12.1996\n1.1.1997 (Gazette 19.12.1996 p1922)\n1999\n36\nElectricity Corporations (Restructuring and Disposal) Act 1999 as amended by 74/1999\n1.7.1999\nSch 4 (cll 4—7, 16 & 17)—29.7.1999 (Gazette 29.7.1999 p528); Sch 3 Pt 2—1.12.1999 (Gazette 23.9.1999 p1214); Sch 4 (cll 8—11)—24.2.2000 (Gazette 24.2.2000 p1070); Sch 4 (cll 12—15)—deleted by 74/1999 without coming into operation; Sch 3 (cl 4(g), (n), (o), (q), (v)—(x), (z), (za), (zb), (zd))—29.5.2002 (Gazette 23.5.2002 p1951); Sch 3 (cl 4(i), (s), (t))—30.6.2002 (Gazette 23.5.2002 p1951); Sch 3 (cl 4(a)—(f), (m))—9.2.2006 (Gazette 9.2.2006 p474); Sch 3 (cl 4(h), (j)—(l), (p), (r), (u), (y), (zc))—uncommenced\n1999\n(181)\nElectricity Corporations (Restructuring and Disposal) (Section 34—Amendment of Electricity Corporations Act) Regulations 1999 (Gazette 2.9.1999 p1096)\n—\n2.9.1999: r 2\n1999\n74\nStatutes Amendment (Electricity) Act 1999\n25.11.1999\nPt 3 (s 12(1), (4) & (5))—25.11.1999: s 2(2); s 13—2.12.1999 (Gazette 2.12.1999 p2952); ss 5(a), (c), 8, 9 & 11—20.1.2000 (Gazette 20.1.2000 p294); s 7—30.3.2000 ss 5(b), (d), 6, 10 & 12(2)—31.3.2000 (Gazette 30.3.2000 p1899); s 12(3) expired without coming into operation: s 12(4)\n2006\n35\nStatutes Amendment (Electricity Industry Superannuation Scheme) Act 2006\n14.12.2006\nPt 2 (s 4)—1.2.2007 (Gazette 1.2.2007 p323)\n2012\n54\nStatutes Amendment and Repeal (Budget 2012) Act 2012\n6.12.2012\nPt 3 (ss 10—13)—17.1.2013 (Gazette 17.1.2013 p76); ss 7—9—15.2.2013 (Gazette 7.2.2013 p262)\n2025\n79\nStatutes Amendment (Superannuation and Other Payments) Act 2025\n4.12.2025\nPt 2 (s 3)—4.12.2025: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 55/1996 s 3\n1.12.1996\n\namended by 36/1999 Sch 4 cl 5\n29.7.1999\n\namended under Legislation Revision and Publication Act 2002\n9.2.2006\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n9.2.2006\ns 3\nsubstituted by 55/1996 s 4 \n1.12.1996\n\ndeleted by 36/1999 Sch 4 cl 6\n29.7.1999\ns 4\n\n\nelectricity corporation\namended by 55/1996 s 5(a)\n1.12.1996\n\namended by 74/1999 s 5(a)\n20.1.2000\n\n(b) deleted by 74/1999 s 5(b)\n31.3.2000\n\n(a) deleted by 54/2012 s 7(1)\n15.2.2013\nETSA\ndeleted by 74/1999 s 5(c)\n20.1.2000\nRESI\ninserted by 74/1999 s 5(c)\n20.1.2000\n\ndeleted by 54/2012 s 7(2)\n15.2.2013\nSAGC\ninserted by 55/1996 s 5(b)\n1.12.1996\n\ndeleted by 74/1999 s 5(d)\n31.3.2000\ns 5\namended by 55/1996 s 6\n1.12.1996\n\ndeleted by 74/1999 s 6\n31.3.2000\ns 6\n\n\ns 6(2)\namended by 55/1996 s 7\n1.12.1996\ns 7\namended by 55/1996 s 8\n1.12.1996\ns 7A\ninserted by 36/1999 Sch 4 cl 7\n29.7.1999\nPt 2 before deletion by 54/2012\nheading amended by 74/1999 s 7\n30.3.2000\nPt 2 Div 1\nheading amended by 74/1999 s 7\n30.3.2000\ns 8\n\n\ns 8(1)\nsubstituted by 74/1999 s 8\n20.1.2000\ns 8(2)\namended by 74/1999 s 7\n30.3.2000\ns 9\namended by 74/1999 s 7\n30.3.2000\ns 10\n\n\ns 10(1)\n(b) deleted by 55/1996 s 9\n1.12.1996\n\namended by 74/1999 s 7\n30.3.2000\ns 10(2)\namended by 74/1999 s 7\n30.3.2000\ns 11\n\n\ns 11(1) and (2)\namended by 74/1999 s 7\n30.3.2000\ns 12\n\n\ns 12(1)\namended by 74/1999 s 7\n30.3.2000\ns 13\n\n\ns 13(1)—(4)\namended by 74/1999 s 7\n30.3.2000\nPt 2 Div 2\n\n\ns 14\n\n\ns 14(1)\namended by 74/1999 s 7\n30.3.2000\ns 14(2)\namended by 54/1995 s 3(a)\n25.1.1996\n\nsubstituted by 36/1999 Sch 4 cl 8(a)\n24.2.2000\ns 14(3)\namended by 74/1999 s 9\n20.1.2000\ns 14(4)\nsubstituted by 54/1995 s 3(b)\n25.1.1996\n\nsubstituted by 36/1999 Sch 4 cl 8(b)\n24.2.2000\ns 14(7)\namended by 36/1999 Sch 4 cl 8(c)\n24.2.2000\ns 15\n\n\ns 15(2)\namended by 36/1999 Sch 4 cl 9(a)\n24.2.2000\ns 15(3)\namended by 36/1999 Sch 4 cl 9(b)\n24.2.2000\ns 15(4)\namended by 36/1999 Sch 4 cl 9(c)\n24.2.2000\ns 17\namended by 36/1999 Sch 4 cl 10\n24.2.2000\n\namended by 74/1999 s 7\n30.3.2000\ns 18\n\n\ns 18(1)\namended by 54/1995 s 4\n25.1.1996\n\nsubstituted by 36/1999 Sch 4 cl 11\n24.2.2000\nPt 2 Div 3\n\n\ns 19\n\n\ns 19(1)—(3)\namended by 74/1999 s 7\n30.3.2000\nPt 2\ndeleted by 54/2012 s 8\n15.2.2013\nPt 3\namended by 55/1996 ss 10—20\n1.12.1996\n\ndeleted by 74/1999 s 10\n31.3.2000\nPt 4\n\n\ns 34\n\n\ns 34(3)\namended by 74/1999 s 11\n20.1.2000\n\ndeleted by 54/2012 s 9\n15.2.2013\ns 47A\ninserted by 55/1996 s 21\n1.12.1996\n\ndeleted by 36/1999 Sch 4 cl 16\n29.7.1999\nPt 5\n\n\ns 48\n\n\ns 48(1)\namended by 36/1999 Sch 4 cl 17\n29.7.1999\ns 48(2)\namended by 55/1996 s 22(a), (b)\n1.12.1996\ns 48(3)\ndeleted by 55/1996 s 22(c)\n1.12.1996\n\ninserted by 74/1999 s 12(1)\n25.11.1999\ns 48(4)\ninserted by 74/1999 s 12(2)\n31.3.2000\ns 48A\ninserted by 43/1996 s 3\n1.7.1996\nSch 1\namended by 55/1996 s 23\n1.12.1996\n\namended by 181/1999 r 3\n2.9.1999\n\nsubstituted by 36/1999 Sch 3 cl 2 as amended by 74/1999 s 18\n1.12.1999\nPt A\n\n\ncl 1\n\n\nactuary\ndeleted by 36/1999 Sch 3 cl 4(a)\n9.2.2006\nthe Trust Deed\nsubstituted by 36/1999 Sch 3 cl 4(b)\n9.2.2006\nPt B\n\n\ncl 4\n\n\ncl 4(1)\namended by 36/1999 Sch 3 cl 4(c)\n9.2.2006\n\n(c) deleted by 36/1999 Sch 3 cl 4(d)\n9.2.2006\ncl 4(6)\namended by 36/1999 Sch 3 cl 4(e) as amended by 74/1999 s 19\n9.2.2006\n\n(d)(ii) and (iii) deleted by 36/1999 Sch 3 cl 4(f) as amended by 74/1999 s 19\n9.2.2006\nPt C\n\n\ncl 6\nsubstituted by 36/1999 Sch 3 cl 4(g)\n29.5.2002\nPt D\ndeleted by 36/1999 Sch 3 cl 4(h)\nuncommenced—not incorporated\nPt F\n\n\ncl 9\nsubstituted by 36/1999 Sch 3 cl 4(i)\n30.6.2002\ncll 15 and 16\ninserted by 79/2025 s 3(1)\n4.12.2025\nTrust Deed\nclauses will be renumbered when 36/1999 Sch 3 cl 4(j) comes into operation\nuncommenced—not incorporated\ncl 1\nsubstituted by 36/1999 Sch 3 cl 4(k)\nuncommenced—not incorporated\ncl 2\n\n\ncl 2(1)\n\n\namending Act\ninserted by 35/2006 s 4(1)\n1.2.2007\nelectricity corporation\ninserted by 36/1999 Sch 3 cl 4(l)\nuncommenced—not incorporated\npublic sector superannuation scheme\ninserted by 79/2025 s 3(2)\n4.12.2025\nrelevant law\ninserted by 36/1999 Sch 3 cl 4(m)\n9.2.2006\nspecial deposit account\ndeleted by 36/1999 Sch 3 cl 4(n)\n29.5.2002\nTrustee\ninserted by 36/1999 Sch 3 cl 4(o)\n29.5.2002\ncl 2(1a)\ninserted by 36/1999 Sch 3 cl 4(p)\nuncommenced—not incorporated\ncl 2(7)\namended by 35/2006 s 4(2)\n1.2.2007\ncl 2(8)\nsubstituted by 35/2006 s 4(3)\n1.2.2007\ncl 2(9) and (10)\ninserted by 35/2006 s 4(3)\n1.2.2007\ncl 3\n\n\ncl 3(4)\namended by 36/1999 Sch 3 cl 4(q)\n29.5.2002\ncl 4\n\n\ncl 4(1)\nsubstituted by 36/1999 Sch 3 cl 4(s)\n30.6.2002\ncl 4(5)\namended by 36/1999 Sch 3 cl 4(t)\n30.6.2002\ncl 4\ninserted by 36/1999 Sch 3 cl 4(r)\nuncommenced—not incorporated\ncl 5\n\n\ncl 5(1)\namended by 36/1999 Sch 3 cl 4(u)\nuncommenced—not incorporated\ncl 5(2) and (3)\namended by 36/1999 Sch 3 cl 4(v)\n29.5.2002\ncl 6\n\n\ncl 6(4)\ninserted by 35/2006 s 4(4)\n1.2.2007\ncl 7\ndeleted by 36/1999 Sch 3 cl 4(w)\n29.5.2002\ncl 8\n\n\ncl 8(1)\ncl 8 substituted by 36/1999 Sch 3 cl 4(w)\n29.5.2002\n\ncl 8 redesignated as cl 8(1) by 35/2006 s 4(5)\n1.2.2007\ncl 8(2)\ninserted by 35/2006 s 4(5)\n1.2.2007\ncll 9\nsubstituted by 36/1999 Sch 3 cl 4(w)\n29.5.2002\ncl 10\n\n\ncl 10(1) and (2)\namended by 36/1999 Sch 3 cl 4(x)\n29.5.2002\ncl 11\ndeleted by 36/1999 Sch 3 cl 4(z)\n29.5.2002\ncl 11\ninserted by 36/1999 Sch 3 cl 4(y)\nuncommenced—not incorporated\ncl 18\ninserted by 36/1999 Sch 3 cl 4(z)\n29.5.2002\ncl 18(2)\nsubstituted by 35/2006 s 4(6)\n1.2.2007\ncl 18(2a)\ninserted by 35/2006 s 4(6)\n1.2.2007\ncl 12\namended by 36/1999 Sch 3 cl 4(za)\n29.5.2002\ncl 12\ninserted by 36/1999 Sch 3 cl 4(y)\nuncommenced—not incorporated\ncl 13\n\n\ncl 13(1)\namended by 36/1999 Sch 3 cl 4(zb)\n29.5.2002\n\namended by 36/199 Sch 3 cl 4(zc)\nuncommenced—not incorporated\ncl 13\ninserted by 36/1999 Sch 3 cl 4(y)\nuncommenced—not incorporated\ncll 14—16\ninserted by 36/1999 Sch 3 cl 4(y)\nuncommenced—not incorporated\ncl 17\n\n\ncl 17(3)\namended by 36/1999 Sch 3 cl 4(zd)\n29.5.2002\ncl 17\ninserted by 36/1999 Sch 3 cl 4(y)\nuncommenced—not incorporated\ncl 17(2)\namended by 79/2025 s 3(3)\n4.12.2025\ncl 17(2a)\namended by 79/2025 s 3(4)\n4.12.2025\ncll 19 and 20\ninserted by 79/2025 s 3(5)\n4.12.2025\nSch 2\n\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\n9.2.2006\ncl 5\n\n\ncl 5(4a)\ninserted by 74/1999 s 13\n2.12.1999\nSch 4\namended by 43/1996 s 4\n1.7.1996\n\namended by 96/1996 Sch 1 (cl 1)\n1.1.1997\n\nexpired: Electricity Corporations Regulations 1997 (Gazette 12.6.1997 p 2986) r 3—omitted under Acts Republication Act 1967\n(1.10.1997)\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Budget 2012) Act 2012, Pt 3 Div 2\n10—Interpretation\n\t(1)\tIn this Division—\nasset means—\n\t(a)\ta present, contingent or future legal or equitable estate or interest in real or personal property; or\n\t(b)\ta present, contingent or future right, power, privilege or immunity,\n(and includes a present or future cause of action in favour of RESI);\nthe Department means the administrative unit of the Public Service that is primarily responsible for assisting the Treasurer in the performance of his or her Ministerial functions and responsibilities;\nliability means a present, contingent or future liability or obligation (including a non‑pecuniary obligation and present or future cause of action against RESI);\nRESI means RESI Corporation under Part 2 of the Electricity Corporations Act 1994;\nSAFA means the South Australian Government Financing Authority established under the Government Financing Authority Act 1982.\n\t(2)\tFor the purposes of this Division, a reference to a claim (or potential or contingent claim) for workers compensation will be taken to include a reference to any claim or other action relating to personal injury, disease, other medical condition or death—\n\t(a)\tarising out of or in the course of the performance of any work; or\n\t(b)\tresulting in any other way from exposure to any material, substance, disease or conditions at a workplace.\n11—Assets and liabilities of RESI\n\t(1)\tThe Treasurer may, by instrument in writing—\n\t(a)\ttransfer assets or liabilities of RESI associated with claims for workers compensation, or potential or contingent claims for workers compensation, to SAFA; and\n\t(b)\ttransfer the amount of $250 000 held by RESI at the time of the execution of the instrument to the Treasury and Finance Operating Account kept by the Department; and\n\t(c)\tafter consultation with RESI, transfer or vest any other assets or liabilities of RESI to or in the Treasurer, another Minister, or any other agency or instrumentality of the Crown.\n\t(2)\tProceedings commenced before the transfer of assets or liabilities under subsection (1)(a) by or against RESI with respect to any claim for workers compensation may be continued and completed by or against SAFA.\n\t(3)\tAnything done, or omitted to be done, by RESI in relation to assets or liabilities transferred to or vested in a person or body under this section is, if it continues to have effect as at the time of transfer or vesting, taken to be an act or omission of that person or body.\n\t(4)\tA reference in an instrument or other document to RESI in connection with an asset or liability transferred to or vested in a person or body under this section is, from the time of transfer or vesting, taken to be a reference to that person or body.\n\t(5)\tSubsection (4) does not apply to any instrument or document, or instrument or document of a specified class, excluded from the operation of that subsection by the Treasurer by notice in the Gazette.\n\t(6)\tAn instrument under subsection (1) may make other provisions that in the opinion of the Treasurer are necessary or expedient in connection with the transfer or vesting of assets or liabilities.\n\t(7)\tAn instrument or notice under this section will take effect on a day specified in the relevant instrument or notice.\n12—Redeployees\nThe Department is, from the commencement of this section, required to assume responsibility for arranging the redeployment of any person who, under the terms of a sale/lease agreement under the Electricity Corporations (Restructuring and Disposal) Act 1999, or under the provisions of that Act, accepts an offer of public sector employment on account of being surplus to a private sector employer's requirements in the manner contemplated by that Act.\n13—Related provisions\n\t(1)\tThe transfer or vesting of assets or liabilities under this Division operates despite the provisions of any other law or instrument.\n\t(2)\tThe transfer or vesting of a liability under this Division discharges RESI from the liability.\n\t(3)\tThe Registrar‑General or another authority required or authorised under a law of the State to register or record transactions affecting assets or liabilities, or documents relating to such transactions, must, on application under this section, register or record in an appropriate manner a transfer or vesting under this Division.\n\t(4)\tNo fee is payable in respect of an application under subsection (3).\n\t(5)\tNothing done under this Division—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n\t(f)\treleases a surety or other obligee wholly or in part from an obligation.\n\t(6)\tNo stamp duty or any other tax attaches to an instrument, transaction, transfer or vesting created or effected under this Division.\n\t(7)\tOn the repeal of Part 2 of the Electricity Corporations Act 1994 by section 8 of this Act, RESI is dissolved and any remaining assets or liabilities of RESI vest in the Treasurer.\n\t(8)\tThe Governor may, by proclamation, make additional provisions of a saving or transitional nature consequent on the enactment of this Part (and any such proclamation will take effect according to its terms and despite the provisions of any other law or instrument).\nHistorical versions\nReprint No 1—25.1.1996\n\nReprint No 2—1.7.1996\n\nReprint No 3—1.12.1996\n\nReprint No 4—1.1.1997\n\nReprint No 5—29.7.1999\n\nReprint No 6—2.9.1999\n\nReprint No 7—2.12.1999\n\nReprint No 8—20.1.2000\n\nReprint No 9—31.3.2000\n\nReprint No 10—29.5.2002\n\nReprint No 11—30.6.2002\n\n9.2.2006\n\n1.2.2007\n\n17.1.2013 (electronic only)\n\n15.2.2013\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page returned was an error notice from the South Australian legislation website, not the content of the Electricity Corporations Act 1994."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404-style error page","No provisions, definitions, schedules, or operative clauses are available for analysis","Complexity cannot be meaningfully assessed without actual legislative content"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Electricity Corporations Act 1994* (South Australia) returned a **'Page Not Found'** error from the South Australian legislation website. This appears to be because bookmarks or hyperlinks created before 24 March 2026 may be incompatible with the current version of the SA Legislation website.\n\n**What this means for you:** No analysis of the actual law can be provided based on this content. To find the Act, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the *Electricity Corporations Act 1994*.\n\n**What the Act generally concerns (from general knowledge):** This South Australian law historically governed the establishment and operation of government-owned electricity corporations in South Australia. It was largely relevant during the era of electricity privatisation in the late 1990s and may have limited current operational effect given South Australia's electricity sector has since been substantially privatised and restructured."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original purpose of establishing electricity corporations. While the original 1994 Act focused on creating ETSA and related entities to supply electricity, subsequent amendments (particularly the 1999 Restructuring and Disposal Act amendments) transformed it into a vehicle for privatisation. The superannuation provisions now dominate the Act, covering complex arrangements for protecting worker entitlements during asset sales, handling 'constitutional protection' tax status changes, and managing transfers to private sector funds. Additionally, the Act now includes detailed provisions for winding up entities like RESI (Retail Energy Services Inc) and transferring workers compensation liabilities, which are far removed from the original electricity supply mandate. The Act has effectively become a holding place for transitional and winding-up provisions for South Australia's electricity industry restructuring rather than a simple enabling statute for government corporations."},"complexity_factors":["Multiple overlapping schedules dealing with distinct subject matters (corporate structure, superannuation, asset transfers, transitional provisions)","Extensive cross-referencing to other Acts including the Public Corporations Act 1993, Electricity Corporations (Restructuring and Disposal) Act 1999, Superannuation Industry (Supervision) Act 1993 (Cth), and various tax Acts","Complex superannuation provisions involving 'constitutional protection' status, defined benefit calculations, and employer liability for unfunded liabilities during privatisation","Nested conditional logic in Schedule 1 (superannuation) regarding when the Board ceases to be trustee, when members are transferred between schemes, and when benefits can be reduced","Detailed transitional provisions in Schedule 3 allowing Ministerial orders to override normal property law, contract law, and stamp duty requirements","Multiple definitions sections with overlapping terms (e.g., 'employer', 'electricity corporation', 'pre-privatisation member') that vary slightly between the main Act and the Trust Deed","Legislative history showing numerous amendments (1995, 1996, 1999, 2006, 2012, 2025) with complex commencement provisions and uncommenced sections","Interaction between statutory provisions and a Trust Deed that forms part of the legislation but can be separated from it under clause 13 of Schedule 1"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's **Electricity Corporations Act 1994**, which sets up the legal framework for government-owned corporations that generate, transmit, and distribute electricity across the state.\n\n**Key things it covers:**\n\n*   **Creating electricity corporations** – The Act allows the government to establish statutory corporations (special government businesses) to run the electricity grid. It specifically provides for an *electricity transmission corporation* (the high-voltage network) and recognises *electricity distribution functions* (the poles and wires that deliver power to homes and businesses).\n\n*   **Corporate structure and governance** – It sets up boards of directors to run these corporations, including rules about who can be appointed (requiring at least one woman and one man on each board), how long they serve, how meetings work, and how decisions are made.\n\n*   **Powers and functions** – The corporations can do things like transmit electricity, trade in electricity markets, conduct research, and even mine coal at Leigh Creek (a specific provision for SA's coal reserves). The Minister can also change what functions a corporation has, particularly when the industry is being restructured or privatised.\n\n*   **Superannuation (retirement benefits)** – A large portion of the Act deals with the *Electricity Industry Superannuation Scheme* – a special pension fund for electricity workers. It establishes a trustee board to manage the fund, sets rules for who can be a member, and includes complex provisions for handling the fund when electricity assets are privatised or when the fund loses special tax protections.\n\n*   **Transferring assets and staff** – The Act includes detailed rules for moving assets, debts, and employees between different electricity corporations (for example, when splitting up ETSA into separate generation, transmission, and distribution businesses). These transfers can happen by ministerial order without needing normal legal processes like stamp duty or registration fees.\n\n*   **Transitional arrangements** – It handles the changeover from the old *Electricity Trust of South Australia (ETSA)* to the new corporate structure, including converting old debentures (a type of loan) and creating automatic legal rights (easements) for power lines over private land.\n\n**Who it affects:**\n\n*   **Electricity consumers** in South Australia – though indirectly, as it governs the entities that deliver their power.\n*   **Employees** of electricity corporations – especially regarding their superannuation entitlements and job security during corporate restructures.\n*   **The South Australian Government** – which owns and oversees these corporations through the Minister and Treasurer.\n*   **Private companies** that buy electricity assets or employ former public sector electricity workers.\n\n**Why it matters:**\n\nThis Act is the legal backbone of South Australia's electricity industry. It enabled the corporatisation (turning government departments into businesses) and later privatisation of ETSA, which fundamentally changed how electricity is supplied in SA. The superannuation provisions are particularly significant because they protect workers' retirement savings during major industry upheavals, including when assets are sold to private companies."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act originally established public electricity corporations solely for the supply of electrical energy. Subsequent amendments, especially the Electricity Corporations (Restructuring and Disposal) Act 1999, fundamentally expanded its scope to enable privatisation, disposal of assets, and detailed regulation of superannuation funds. The Act now includes extensive provisions for transferring staff and assets between corporations, winding up schemes, and ministerial override powers, going well beyond the original simple corporate establishment framework."},"complexity_factors":["47 defined terms in interpretation sections across the Act and Schedules","Extensive cross-referencing between main Parts and Schedules (e.g., Schedule 1 superannuation refers to provisions in the Trust Deed and the Electricity Corporations (Restructuring and Disposal) Act 1999)","Nested conditional logic in superannuation rules (e.g., clause 11 of Schedule 1 allows the Treasurer to change rules only if certain taxation conditions are met, with appeals and exceptions)","Multiple layers of amendments over 30 years, shown in the legislative history, creating overlapping provisions","Complex transfer mechanisms (Schedule 3) that override other laws and contain detailed transitional rules","Heavily conditional provisions for board composition, quorum requirements, and decision-making procedures"],"plain_english_summary":"This South Australian law sets up government-owned **electricity corporations** (companies) to run the state's electricity network - the poles, wires, and system control. It defines what these corporations can do: transmit electricity, manage the grid, trade electricity, and even generate power to keep the system secure. The Minister for Energy can change their functions at any time. The law also creates a **superannuation scheme** (retirement fund) specifically for electricity industry workers, with a board to manage it, and allows assets, debts, and staff to be moved between electricity companies by Ministerial order. Later amendments to the law enabled the government to sell or restructure these corporations - so what started as a framework for public ownership now also allows privatisation.\n\n**Who does it affect?** Electricity companies, their employees, and anyone involved in South Australia's electricity supply.\n\n**Why does it matter?** Because it governs how the state's electricity infrastructure is organised, who runs it, and what happens to workers' retirement savings when the industry is restructured."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-corporations-act-1994","history":"/api/acts/electricity-corporations-act-1994/history","analysis":"/api/acts/electricity-corporations-act-1994/analysis","conflicts":"/api/acts/electricity-corporations-act-1994/conflicts","importantCases":"/api/acts/electricity-corporations-act-1994/important-cases","documents":"/api/acts/electricity-corporations-act-1994/documents"}}