{"id":"tas:act-1997-073","name":"Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997","slug":"electricity-industry-safety-and-administration-consequential-and-transitional-provisions-act-1997","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"73 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105988,"registerId":"tas-act-1997-073-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997](/view/html/inforce/2026-04-12/act-1997-073) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day or days to be proclaimed.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Consequential amendments","content":"# Part 2 Consequential amendments\n\n*\n\n**3.**   \n\nSee [Schedule 1](#JS1@EN) .*","sortOrder":3},{"sectionNumber":"3.","sectionType":"section","heading":null,"content":"### 3.\n\n[Schedule 1](#JS1@EN)","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Savings and Transitional Provisions","content":"# Part 3 Savings and Transitional Provisions","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"### 4 Interpretation\n\n> > (1)  In this Part –\n> > \n> > > ***date of transition*** means a date, which must be a date falling within 12 months after the commencement of the new Act, fixed by the Minister by notice published in the *Gazette*;\n> > \n> > > ***HEC*** means the Hydro-Electric Corporation formerly known as the Hydro-Electric Commission;\n> > \n> > > ***new Act*** means the [Electricity Industry Safety and Administration Act 1997](/view/html/inforce/2026-04-12/act-1997-072) ;\n> > \n> > > ***old Act*** means the [Hydro-Electric Commission Act 1944](/view/html/inforce/2026-04-12/act-1997-073) ;\n> > \n> > > ***old regulations*** means the [Hydro-Electric Commission (Licensing of Electrical Contractors and Mechanics) Regulations 1934](/view/html/inforce/2026-04-12/sr-9999-999) .\n> \n> > (2)  Words and expressions used in this Part are, where relevant, to be construed by reference to definitions in the new Act.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Postponement of repeal of old regulations","content":"### 5 Postponement of repeal of old regulations\n\n> Despite [section 11 of the](/view/html/inforce/2026-04-12/act-1992-030#GS11@EN) [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) and [section 16 of the](/view/html/inforce/2026-04-12/act-1996-061#GS16@EN) [Hydro-Electric Corporation (Consequential and Miscellaneous Provisions) Act 1996](/view/html/inforce/2026-04-12/act-1996-061) , the old regulations continue in operation until the date of transition.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Preservation of licences under old regulations","content":"### 6 Preservation of licences under old regulations\n\n> > (1)  A person who is licensed as an electrical contractor under the old regulations immediately before the date of transition is taken to have been licensed under the new Act as an electrical contractor until the expiration of the term for which the licence was granted.\n> \n> > (2)  A person who is licensed as an electrical mechanic under the old regulations immediately before the date of transition is taken to hold an electrical technician's licence under the new Act authorising the person to carry out electrical work of the class previously authorised under the old regulations until the expiration of 12 months from the date of transition.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Rating system","content":"### 7 Rating system\n\n> > (1)  A rating system established under section 40 of the new Act may provide for the adoption of the relevant ratings, as at the date of transition, of persons who were formerly licensed as electrical contractors or mechanics under the old regulations and become the holders of electrical contractors' licences or electrical technicians' licences under the new Act.\n> \n> > (2)  The relevant ratings are the ratings as they existed at the date of transition under the rating system established, by administrative act of the HEC, in relation to persons licensed as electrical contractors or mechanics under the old regulations.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Approvals of electrical articles","content":"### 8 Approvals of electrical articles\n\n> An approval granted under an Act in relation to an electrical article before the date of transition, and in force immediately before the date of transition, continues in force, subject to variation or revocation by the Regulator, as if it were an approval in relation to an electrical article under Part 4 of the new Act.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Preservation of effect of decisions","content":"### 9 Preservation of effect of decisions\n\n> Any decision of the HEC made before the date of transition under the old Act that is relevant to the functions of the Regulator under the new Act continues in force, subject to variation or revocation by the Regulator, as if it were a decision of the Regulator under the corresponding provision of the new Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Preservation of legal proceedings","content":"### 10 Preservation of legal proceedings\n\n> Any legal proceedings commenced by or against the HEC under the old regulations before the date of transition may be continued and completed after the date of transition by or against the Regulator.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"### 11 Regulations\n\n> > (1)  The Governor may make regulations of a savings or transitional nature in relation to –\n> > \n> > > > (a) the old Act; or\n> > > \n> > > > (b) the old regulations; or\n> > > \n> > > > (c) the transition to the new Act.\n> \n> > (2)  A provision of a regulation made under this section may take effect on a day proclaimed under [section 2](#GS2@EN) or a later day.","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Administration","content":"# Part 4 Administration","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Administration of Act","content":"### 12 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Energy; and\n> > \n> > > (b) the Department responsible to the Minister for Energy in relation to the administration of this Act is the Office of Energy Planning and Conservation.","sortOrder":15},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n[Section 3](#GS3@EN)\n\n[Section 3](#GS3@EN) [Electricity Supply Industry Act 1995](/view/html/inforce/2026-04-12/act-1995-058)","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act does not expand or narrow substantive regulatory powers; it provides consequential and transitional measures to preserve licences, approvals, decisions and proceedings while implementing the new regulatory framework. Key continuity mechanisms are preservation of licences and ratings (ss6–7), continuation of approvals and decisions subject to regulator variation (ss8–9), and authority to make savings/transitional regulations (s11)."},"complexity_factors":["Cross-referencing to multiple instruments (new Act, old Act, old regulations, Schedule 1) increases comprehension burden (s4, Schedule 1).","Defined transitional timeframe and notice requirement adds a deadline that agencies must act against (Minister fixes date of transition within 12 months) (s4).","Preservation of licences and ratings requires mapping old authorisations to new categories and expiry rules (licence carry‑over; 12‑month limit for technicians) (s6, s7).","Continuity of approvals and decisions with regulator discretion to vary or revoke creates legal uncertainty for holders until regulator action (s8, s9).","Provision for ongoing legal proceedings requires procedural handover from HEC to the Regulator (s10).","Governor and Ministerial powers to make savings/transitional regulations and to assign administration create executive discretion affecting implementation (ss11,12).","Commencement by proclamation (staged commencement) means timing and sequencing risk for regulated parties (s2)."],"plain_english_summary":"This Act manages the legal transition from the Hydro‑Electric Commission regime to the Electricity Industry Safety and Administration Act 1997, preserving existing electrical contractor/mechanic licences, approvals and ongoing proceedings while allowing the new Regulator to confirm, vary or revoke earlier approvals and decisions (see ss6–10). The Minister must fix a ‘date of transition’ within 12 months (s4); the Governor may make savings/transitional regulations and administration is assigned to the Minister for Energy until further order (ss11,12)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"There is no evidence of scope change from the original intent. The Act appears to have remained in its original form since commencement on 25 February 1998, with the Table of Amendments indicating no substantive changes. This is consistent with its purpose as a transitional and consequential instrument — once the transition period passes, such laws typically remain static."},"complexity_factors":["Limited substantive content visible in the provided text — the actual operative provisions are not reproduced, making full analysis impossible","Consequential and transitional legislation is inherently dependent on understanding the principal Act it supports, adding indirect complexity","Interaction with multiple pre-existing Tasmanian electricity and administrative laws creates potential cross-referencing complexity","Transitional provisions can involve time-dependent rules that are harder to interpret out of context","Law appears to have had no amendments since 1998, suggesting low ongoing operational complexity"],"plain_english_summary":"This short Tasmanian “housekeeping” law made the legal adjustments needed when major electricity industry reforms were introduced in 1997. It updated other laws and provided temporary rules so existing licences, contracts and arrangements continued to operate during the switch. It mainly affects electricity businesses and regulators, ensuring a smooth, legally clean transition; it has remained unchanged since 1998."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow purpose as a transitional and consequential provisions Act. It was always intended to be a temporary \"bridge\" to smooth the transition from the HEC regime to the new Electricity Industry Safety and Administration Act 1997, and its scope remains limited to that specific transitional function."},"complexity_factors":["Very short statute (approximately 12 sections plus a near-empty Schedule 1)","Only 5 defined terms in the interpretation section (date of transition, HEC, new Act, old Act, old regulations)","Simple conditional logic — mostly \"despite\" clauses and time-limited transitional provisions","Heavy reliance on external references (the \"new Act\", \"old Act\", and \"old regulations\") but these are clearly identified","No nested exceptions or complex procedural requirements","Schedule 1 is essentially a placeholder referring to amendments in another Act, with minimal content provided"],"plain_english_summary":"**What this legislation does**\n\nThis Act is a \"companion piece\" to the Electricity Industry Safety and Administration Act 1997. While the main Act sets up new rules for electrical safety and licensing, **this Act handles the messy transition** from the old system to the new one.\n\nThink of it as the \"bridge\" legislation that ensures nothing falls through the cracks when Tasmania switched from the old Hydro-Electric Commission (HEC) regime to the new regulatory framework.\n\n**Who it affects**\n\n- **Licensed electrical contractors and mechanics** — people who held licences under the old HEC system get automatic recognition under the new Act (at least temporarily)\n- **The new Regulator** — inherits powers, decisions, and ongoing legal matters from the old HEC\n- **Anyone with approved electrical equipment** — existing approvals for electrical articles remain valid\n- **The Tasmanian Government** — sets up which Minister and Department runs the show until permanent arrangements are made\n\n**Key things it does**\n\n- **Keeps old licences alive**: If you had an electrical contractor's or mechanic's licence under the old HEC rules, you don't need to reapply immediately — your licence carries over\n- **Preserves decisions and approvals**: Any official approvals for electrical equipment or decisions made by the HEC stay in force under the new Regulator\n- **Allows legal cases to continue**: Court cases started under the old system can finish under the new one\n- **Buys time**: The old regulations stay in force for up to 12 months while everyone transitions to the new system\n- **Enables \"grandfathering\"**: The new rating system for contractors can recognise your reputation/rating from the old system\n\n**Why it matters**\n\nWithout this Act, switching to the new electrical safety regime would have created chaos — licences would have lapsed, equipment approvals would have become invalid, and legal disputes would have stalled. This ensures **continuity of regulation** during a major restructuring of Tasmania's electricity industry."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-industry-safety-and-administration-consequential-and-transitional-provisions-act-1997","history":"/api/acts/electricity-industry-safety-and-administration-consequential-and-transitional-provisions-act-1997/history","analysis":"/api/acts/electricity-industry-safety-and-administration-consequential-and-transitional-provisions-act-1997/analysis","conflicts":"/api/acts/electricity-industry-safety-and-administration-consequential-and-transitional-provisions-act-1997/conflicts","importantCases":"/api/acts/electricity-industry-safety-and-administration-consequential-and-transitional-provisions-act-1997/important-cases","documents":"/api/acts/electricity-industry-safety-and-administration-consequential-and-transitional-provisions-act-1997/documents"}}