{"id":"tas:act-2012-052","name":"Electricity Reform Act 2012","slug":"electricity-reform-act-2012","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"52 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31798,"registerId":"tas-act-2012-052-current","compilationNumber":null,"startDate":"2026-04-01","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 Reform Act 2012](/view/html/inforce/2026-04-12/act-2012-052) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Relationship to other State legislation","content":"### 3 Relationship to other State legislation\n\n> If a provision of this Act is inconsistent with a provision of the [Electricity Companies Act 1997](/view/html/inforce/2026-04-12/act-1997-069) , the [Hydro-Electric Corporation Act 1995](/view/html/inforce/2026-04-12/act-1995-057) , the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) , the [Electricity Supply Industry Act 1995](/view/html/inforce/2026-04-12/act-1995-058) , the [Electricity Supply Industry Expert Panel Act 2010](/view/html/inforce/2026-04-12/act-2010-031) or the [Tamar Valley Power Station Act 2008](/view/html/inforce/2026-04-12/act-2008-029) , the provision of this Act prevails to the extent of the inconsistency.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"### 4 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***asset*** includes any, and any part of any, property, business or operation;\n> > \n> > > ***Aurora Energy*** means Aurora Energy Pty Ltd (ABN 85 082 464 622);\n> > \n> > > ***Aurora Energy (Tamar Valley)*** means Aurora Energy (Tamar Valley) Pty Ltd (ACN 123 391 613);\n> > \n> > > ***business***, in relation to a State-owned electricity entity, means –\n> > > \n> > > > > (a) the business conducted by the entity; and\n> > > > \n> > > > > (b) the goodwill of that business; and\n> > > > \n> > > > > (c) any asset of the entity; and\n> > > > \n> > > > > (d) the rights, liabilities, duties and obligations of the entity, whether those rights, liabilities, duties or obligations are present or future and whether vested or contingent –\n> > > \n> > > and includes a part of the business of the entity;\n> > \n> > > ***customer*** means a person to whom electricity is sold for premises by an electricity retailer;\n> > \n> > > ***distribution*** of electricity means the carrying of electricity between different points using a distribution network;\n> > \n> > > ***distribution network*** means the apparatus, electric line, equipment, plant, and buildings, that are –\n> > > \n> > > > > (a) used to convey, or control the conveyance of, electricity; and\n> > > > \n> > > > > (b) specified by the National Electricity Rules as, or as forming part of, a distribution system;\n> > \n> > > ***Electricity Reform Co-ordinator*** means the office of Electricity Reform Co-ordinator existing under [section 12](#GS12@EN) ;\n> > \n> > > ***electricity reform measures*** means the measures referred to in [section 6(1)](#GS6@Gs1@EN) ;\n> > \n> > > ***electricity reform objectives*** means the objectives of electricity reform referred to in [section 5](#GS5@EN) ;\n> > \n> > > ***electricity retailer*** means the holder of a retailer authorisation within the meaning of the National Energy Retail Law (Tasmania);\n> > \n> > > ***gas contract*** means a contract for the sale of gas;\n> > \n> > > ***Hydro-Electric Corporation*** has the same meaning as in the [Hydro-Electric Corporation Act 1995](/view/html/inforce/2026-04-12/act-1995-057) ;\n> > \n> > > ***liability*** means any liability, duty or obligation, whether actual, contingent or prospective, liquidated or unliquidated;\n> > \n> > > ***National Electricity Rules*** has the same meaning as in the National Electricity Law contained in the Schedule (as amended from time to time) to the *National Electricity (South Australia) Act 1996* of South Australia;\n> > \n> > > ***property*** means –\n> > > \n> > > > > (a) any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property; and\n> > > > \n> > > > > (b) money, documents and securities; and\n> > > > \n> > > > > (c) shares in a subsidiary; and\n> > > > \n> > > > > (d) any other rights;\n> > \n> > > ***retail business***, in relation to a State-owned electricity entity –\n> > > \n> > > > > (a) means any business of the entity that relates to the retailing of electricity; and\n> > > > \n> > > > > (b) includes any retail electricity contracts and any gas contracts;\n> > \n> > > ***retail electricity contract*** means a contract between an electricity retailer and a customer for the sale to the customer of electricity for premises;\n> > \n> > > ***retailing*** of electricity means selling to a customer electricity for premises;\n> > \n> > > ***right*** means any right, power, privilege, or immunity, whether actual, contingent or prospective;\n> > \n> > > ***shareholding Ministers*** means the Treasurer and the Minister;\n> > \n> > > ***small customer*** has the same meaning as in the National Energy Retail Law (Tasmania);\n> > \n> > > ***State-owned electricity entity*** means –\n> > > \n> > > > > (a) Aurora Energy; and\n> > > > \n> > > > > (b) Transend; and\n> > > > \n> > > > > (c) any company established under the [Electricity Companies Act 1997](/view/html/inforce/2026-04-12/act-1997-069) ; and\n> > > > \n> > > > > (d) the Hydro-Electric Corporation; and\n> > > > \n> > > > > (e) a subsidiary of any State-owned electricity entity referred to in [paragraph (a)](#GS4@Gs1@Nd692012583616@Hpa@EN) , [(b)](#GS4@Gs1@Nd692012583616@Hpb@EN) , [(c)](#GS4@Gs1@Nd692012583616@Hpc@EN) or [(d)](#GS4@Gs1@Nd692012583616@Hpd@EN) ;\n> > \n> > > ***State tax*** means –\n> > > \n> > > > > (a) any tax, duty or charge; and\n> > > > \n> > > > > (b) any application fee, registration fee or other fee –\n> > > \n> > > imposed by an Act or other law of Tasmania;\n> > \n> > > ***subsidiary*** of a State-owned electricity entity – see [subsection (2)](#GS4@Gs2@EN) ;\n> > \n> > > ***Transend*** means Transend Networks Pty Ltd (ABN 57 082 586 892);\n> > \n> > > ***transmission*** of electricity means the carrying of electricity between different points using a transmission system;\n> > \n> > > ***transmission system*** has the same meaning as in the National Electricity Rules.\n> \n> > (2)  For the purposes of this Act, a body corporate is a subsidiary of a State-owned electricity entity if –\n> > \n> > > > (a) the body is a subsidiary of the State-owned electricity entity under the Corporations Law; or\n> > > \n> > > > (b) were the State-owned electricity entity, and the body corporate, corporations under the Corporations Law, the body corporate would be a subsidiary of the State-owned electricity entity under the Corporations Law.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Electricity Reform Generally","content":"# Part 2 Electricity Reform Generally","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Electricity reform objectives and measures","content":"## Division 1 Electricity reform objectives and measures","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Electricity reform objectives","content":"### 5 Electricity reform objectives\n\n> For the purposes of this Act, the objectives of electricity reform are –\n> \n> > > (a) to assist in ensuring that the prices that customers are charged for electricity are as low as is consistent with ensuring the financial viability of the electricity supply industry; and\n> > \n> > > (b) to ensure that the supply of electricity in Tasmania is safe, secure and reliable; and\n> > \n> > > (c) to ensure that the advantage to Tasmania of generating electricity by means of renewable energy sources is maximised; and\n> > \n> > > (d) to ensure that State-owned electricity entities are financially viable and operated efficiently and effectively and that their overall economic benefit to Tasmania is maximised.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Electricity reform measures","content":"### 6 Electricity reform measures\n\n> > (1)  The measures that may be taken to achieve the electricity reform objectives include the following:\n> > \n> > > > (a) the introduction of full retail competition into the electricity supply industry so that customers, including small customers, have a choice of electricity retailers from which electricity may be purchased;\n> > > \n> > > > (b) the restructuring of State-owned electricity entities;\n> > > \n> > > > (c) the integration of Aurora Energy's distribution network with Transend's transmission system to form a single combined network business;\n> > > \n> > > > (d) the transfer to the Hydro-Electric Corporation, or the sale to the private sector, of Aurora Energy (Tamar Valley) and any business of Aurora Energy (Tamar Valley);\n> > > \n> > > > (e) the establishment of independent regulation of the Hydro-Electric Corporation's wholesale market contracts;\n> > > \n> > > > (f) the sale to the private sector of the retail business of Aurora Energy or a subsidiary of Aurora Energy.\n> \n> > (2)  [Subsection (1)](#GS6@Gs1@EN) does not limit the measures that may be taken to achieve the electricity reform objectives.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Ministerial responsibility for electricity reform","content":"## Division 2 Ministerial responsibility for electricity reform","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Ministerial control","content":"### 7 Ministerial control\n\n> > (1)  The shareholding Ministers are to take the actions they think necessary or desirable –\n> > \n> > > > (a) to achieve the electricity reform objectives; and\n> > > \n> > > > (b) to implement the electricity reform measures.\n> \n> > (2)  The actions that may be taken to implement the electricity reform measures include, but are not limited to including, the following:\n> > \n> > > > (a) the formation of companies under the [Electricity Companies Act 1997](/view/html/inforce/2026-04-12/act-1997-069) ;\n> > > \n> > > > (b) the sale and transfer, under this Act, of any retail business held by Aurora Energy or a subsidiary of Aurora Energy;\n> > > \n> > > > (c) the transfer, under this Act, between State-owned electricity entities, of certain assets, rights, liabilities and employees;\n> > > \n> > > > (d) the transfer, under this Act, to the Crown of all or part of the business of Aurora Energy, Transend or subsidiaries of Aurora Energy or Transend.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Ministerial power of direction","content":"### 8 Ministerial power of direction\n\n> > (1)  The shareholding Ministers, by notice in writing to a State-owned electricity entity, may jointly issue a direction to the entity to ensure that –\n> > \n> > > > (a) the electricity reform objectives are achieved; or\n> > > \n> > > > (b) the electricity reform measures are implemented.\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS8@Gs1@EN) , a direction issued under that subsection to a State-owned electricity entity may require the entity to –\n> > \n> > > > (a) take the action specified in the direction; or\n> > > \n> > > > (b) take all reasonable steps to comply with the direction.\n> \n> > (3)  Without limiting the generality of [subsection (1)](#GS8@Gs1@EN) , a direction issued under that subsection to a State-owned electricity entity may require the entity to direct a subsidiary of the entity to take an action, or cease to take an action, that –\n> > \n> > > > (a) is specified in the direction issued under [subsection (1)](#GS8@Gs1@EN) ; or\n> > > \n> > > > (b) the entity, or the board of directors of the entity, thinks is necessary or convenient to assist in the carrying out of the direction issued under [subsection (1)](#GS8@Gs1@EN) .\n> \n> > (4)  If a direction is issued to a State-owned electricity entityunder [subsection (1)](#GS8@Gs1@EN)  –\n> > \n> > > > (a) the State-owned electricity entity; and\n> > > \n> > > > (b) the board of directors and the chief executive officer of the State-owned electricity entity; and\n> > > \n> > > > (c) all officers of the State-owned electricity entity –\n> > \n> > must comply with the direction and may do all things necessary or convenient to ensure the direction is complied with.\n> \n> > (5)  Without limiting the generality of [subsection (4)](#GS8@Gs4@EN) , a State-owned electricity entity to which a direction is issued under [subsection (1)](#GS8@Gs1@EN) , and the board of directors of the State-owned electricity entity, may direct a subsidiary of the entity to take an action, or to cease to take an action, specified in the direction to the subsidiary, that –\n> > \n> > > > (a) is specified, in the direction issued under [subsection (1)](#GS8@Gs1@EN) , as a direction that the entity is to issue to the subsidiary; or\n> > > \n> > > > (b) the entity or the board of directors thinks is necessary or convenient to assist in the carrying out of the direction issued under [subsection (1)](#GS8@Gs1@EN) .\n> \n> > (6)  If a direction is issued to a subsidiary of a State-owned electricity entity under [subsection (5)](#GS8@Gs5@EN) by a State-owned electricity entity or the board of directors of a State-owned electricity entity –\n> > \n> > > > (a) the subsidiary; and\n> > > \n> > > > (b) the board of directors and the chief executive officer of the subsidiary; and\n> > > \n> > > > (c) all officers of the subsidiary –\n> > \n> > must comply with the direction and may do all things necessary or convenient to ensure the direction is complied with.\n> \n> > (7)  If a direction is issued under [subsection (1)](#GS8@Gs1@EN) to a State-owned electricity entity, details of the direction are to be published in the annual report of the entity.\n> \n> > (8)  If a direction is issued to a subsidiary of a State-owned electricity entity under [subsection (5)](#GS8@Gs5@EN) , details of the direction are to be published in the annual report of the subsidiary, or, if there is no such annual report, the annual report of the State-owned electricity entity.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Ministerial directions in relation to information held by Expert Panel","content":"### 9 Ministerial directions in relation to information held by Expert Panel\n\n> > (1)  In this section –\n> > \n> > > ***authorised person*** means a person, or a person who is a member of a class of persons, authorised in writing by the Treasurer to receive information provided to the person under this section.\n> \n> > (2)  The Treasurer may issue to a person a direction that the person is to provide to the Electricity Reform Co-ordinator information, in the person's possession, that was produced by, or was in the possession of, the Electricity Supply Industry Expert Panel established under the [Electricity Supply Industry Expert Panel Act 2010](/view/html/inforce/2026-04-12/act-2010-031) .\n> \n> > (3)  A person to whom a direction is issued under [subsection (2)](#GS9@Gs2@EN) must comply with the direction and may do all things necessary or convenient to ensure the direction is complied with.\n> \n> > (4)  The Electricity Reform Co-ordinator, for the purposes of assisting in the performance of the functions of the Electricity Reform Co-ordinator, may provide to an authorised person information provided to the Electricity Reform Co-ordinator under this section.\n> \n> > (5)  The Electricity Reform Co-ordinator –\n> > \n> > > > (a) may only use information provided to him or her under this section, or provide such information to an authorised person, for the purposes of assisting in the performance of the functions, or the exercise of the powers, of the Electricity Reform Co-ordinator; and\n> > > \n> > > > (b) must not provide the information to a person other than an authorised person.\n> \n> > (6)  An authorised person to whom information is provided under [subsection (4)](#GS9@Gs4@EN) may provide that information to another authorised person.\n> \n> > (7)  An authorised person to whom information is provided under this section –\n> > \n> > > > (a) may only use the information, or provide the information to another authorised person, for the purposes of assisting in the performance of the functions, or the exercise of the powers, of the Electricity Reform Co-ordinator; and\n> > > \n> > > > (b) must not provide the information to a person other than an authorised person.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Indemnity in respect of compliance with direction","content":"### 10 Indemnity in respect of compliance with direction\n\n> > (1)  In this section –\n> > \n> > > ***relevant person***, in relation to a State-owned electricity entity, means –\n> > > \n> > > > > (a) a member of the board of directors of the State-owned electricity entity; and\n> > > > \n> > > > > (b) the chief executive officer of the State-owned electricity entity; and\n> > > > \n> > > > > (c) any officer, employee, or agent, of the State-owned electricity entity.\n> \n> > (2)  A relevant person in relation to a State-owned electricity entity to which a direction is issued under [section 8](#GS8@EN) is indemnified by the Crown against any liability incurred by the person in relation to –\n> > \n> > > > (a) an action taken by the person in relation to the direction; or\n> > > \n> > > > (b) a failure by the person to take an action in relation to the direction –\n> > \n> > if the person took the action in good faith, or failed in good faith to take the action, in the belief that taking the action, or failing to take the action, was necessary or convenient to implement the direction.\n> \n> > (3)  A person to whom a direction is issued under [section 9(2)](#GS9@Gs2@EN) is indemnified by the Crown against any liability incurred by the person in relation to an action taken by the person if the person took the action in good faith in the belief that taking the action was necessary or convenient to implement the direction.\n> \n> > (4)  A person to whom information to which [section 9](#GS9@EN) relates is provided is indemnified by the Crown against any liability incurred by the person in relation to –\n> > \n> > > > (a) an action taken by the person in relation to the information; or\n> > > \n> > > > (b) a failure by the person to take an action in relation to the information –\n> > \n> > if the person took the action in good faith, or failed in good faith to take the action, in the belief that taking the action, or failing to take the action, was necessary or convenient for the purposes of assisting in the performance of the functions, or the exercise of the powers, of the Electricity Reform Co-ordinator and was not prohibited under [section 9(5)](#GS9@Gs5@EN) or [(7)](#GS9@Gs7@EN) .","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Powers under this Division limited after 30 June 2015","content":"### 11 Powers under this Division limited after 30 June 2015\n\n> A shareholding Minister may not, after 30 June 2015, perform a function, or exercise a power, under this Division except if, in the opinion of the shareholding Minister, it is necessary, or convenient, to do so for the purposes of winding up a State-owned electricity entity.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Electricity Reform Co-ordinator","content":"# Part 3 Electricity Reform Co-ordinator","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Electricity Reform Co-ordinator","content":"### 12 Electricity Reform Co-ordinator\n\n> > (1)  There is to be, until the expiry of 30 June 2015, an Electricity Reform Co-ordinator.\n> \n> > (2)  The Secretary of the department responsible to the Minister in relation to the administration of this Act is to hold the office of Electricity Reform Co-ordinator.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Functions of Electricity Reform Co-ordinator","content":"### 13 Functions of Electricity Reform Co-ordinator\n\n> > (1)  It is a function of the Electricity Reform Co-ordinator to assist the shareholding Ministers –\n> > \n> > > > (a) to achieve the electricity reform objectives and to implement the electricity reform measures; and\n> > > \n> > > > (b) to take any action under this Act that either or both of the shareholding Ministers may take.\n> \n> > (2)  It is a function of the Electricity Reform Co-ordinator to seek information, assistance, and advice, that is necessary, or convenient, to –\n> > \n> > > > (a) enable the shareholding Ministers to achieve the electricity reform objectives and to implement the electricity reform measures; or\n> > > \n> > > > (b) enable the Electricity Reform Co-ordinator to assist the shareholding Ministers to achieve the electricity reform objectives and to implement the electricity reform measures; or\n> > > \n> > > > (c) assist the Electricity Reform Co-ordinator in the performance of his or her functions, or the exercise of his or her powers, under this Act.\n> \n> > (3)  It is a function of the Electricity Reform Co-ordinator to oversee the implementation of directions or decisions issued or taken by the shareholding Ministers for the purpose ofachieving the electricity reform objectives or implementing the electricity reform measures.\n> \n> > (4)  It is a function of the Electricity Reform Co-ordinator to –\n> > \n> > > > (a) take steps necessary, or convenient, to assist in the sale, transfer or disposal of assets, rights or liabilities under this Act; and\n> > > \n> > > > (b) take any other action necessary to achieve, or incidental to achieving, the electricity reform objectives or implementing the electricity reform measures.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Powers of Electricity Reform Co-ordinator","content":"### 14 Powers of Electricity Reform Co-ordinator\n\n> > (1)  The Electricity Reform Co-ordinator has the powers necessary to enable the performance of his or her functions.\n> \n> > (2)  The Electricity Reform Co-ordinator may examine an asset, right or liability of a State-owned electricity entity, including a record in relation to such an asset, right or liability.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Electricity Reform Co-ordinator may request assistance, &c.","content":"### 15 Electricity Reform Co-ordinator may request assistance, &c.\n\n> > (1)  The Electricity Reform Co-ordinator may, for the purpose of assisting the shareholding Ministers to achieve the electricity reform objectives or to implement the electricity reform measures, request a State-owned electricity entity –\n> > \n> > > > (a) to provide to the Electricity Reform Co-ordinator the information in the possession of the entity that he or she requests the entity to provide to him or her; or\n> > > \n> > > > (b) to permit the Electricity Reform Co-ordinator to access information in the possession of the entity; or\n> > > \n> > > > (c) to provide advice to the Electricity Reform Co-ordinator; or\n> > > \n> > > > (d) to provide assistance to the Electricity Reform Co-ordinator.\n> \n> > (2)  A State-owned electricity entity to which a request is made under [subsection (1)](#GS15@Gs1@EN) , and an officer, employee or agent of the State-owned electricity entity, must comply with the request.\n> \n> > (3)  The Electricity Reform Co-ordinator may, for the purpose of assisting the shareholding Ministers to achieve the electricity reform objectives or to implement the electricity reform measures, provide to another person information or advice that has been provided to the Electricity Reform Co-ordinator by a State-owned electricity entity.\n> \n> > (4)  A person is not to be taken, by reason only of providing information, advice or assistance under this section, to contravene a provision of any contract.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Delegation","content":"### 16 Delegation\n\n> The Electricity Reform Co-ordinator may delegate to any person any of his or her functions or powers, other than this power of delegation.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Immunity of Electricity Reform Co-ordinator and persons to whom requests are made","content":"### 17 Immunity of Electricity Reform Co-ordinator and persons to whom requests are made\n\n> > (1)  In this section –\n> > \n> > > ***relevant person***, in relation to a State-owned electricity entity, means –\n> > > \n> > > > > (a) a member of the board of directors of the State-owned electricity entity; and\n> > > > \n> > > > > (b) the chief executive officer of the State-owned electricity entity; and\n> > > > \n> > > > > (c) any officer, employee, or agent, of the State-owned electricity entity.\n> \n> > (2)  The Electricity Reform Co-ordinator is indemnified by the Crown against any liability incurred by him or her in relation to –\n> > \n> > > > (a) an action taken by him or her; or\n> > > \n> > > > (b) a failure by him or her to take an action –\n> > \n> > if the Electricity Reform Co-ordinator took the action in good faith, or failed in good faith to take the action, in the belief that taking the action, or failing to take the action, was necessary, or convenient, for the purposes of performing the functions, or exercising the powers, of the Electricity Reform Co-ordinator and was not prohibited under [section 9(5)](#GS9@Gs5@EN) .\n> \n> > (3)  A relevant person in relation to a State-owned electricity entity to which a request is made under [section 15](#GS15@EN) is indemnified by the Crown against any liability incurred by the person in relation to –\n> > \n> > > > (a) an action taken by the person in relation to the request; or\n> > > \n> > > > (b) a failure by the person to take an action in relation to the request –\n> > \n> > if the person took the action in good faith, or failed in good faith to take the action, in the belief that taking the action, or failing to take the action, was necessary or convenient to comply with the request.","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transfer of Certain Assets, Rights and Liabilities","content":"# Part 4 Transfer of Certain Assets, Rights and Liabilities","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Interpretation of  Part 4","content":"### 18 Interpretation of  Part 4\n\n> In this Part –\n> \n> > ***transferee*** means a body corporate to which any assets, rights or liabilities are transferred under a transfer notice;\n> \n> > ***transfer notice*** means a notice under [section 19](#GS19@EN) ;\n> \n> > ***transferor*** means a body corporate from which any assets, rights or liabilities are transferred under a transfer notice.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Transfer of assets, rights and liabilities between State-owned electricity entities","content":"### 19 Transfer of assets, rights and liabilities between State-owned electricity entities\n\n> > (1)  The Treasurer, by a notice (a ***transfer notice***) published in the *Gazette*, may, as specified in the notice, transfer to another State-owned electricity entity an asset, right, or liability, of a State-owned electricity entity.\n> \n> > (2)  A transfer notice may be made on the terms and conditions specified in the notice.\n> \n> > (3)  The Treasurer may make more than one transfer notice in relation to an asset, right, or liability, of a State-owned electricity entity.\n> \n> > (4)  A transfer notice takes effect on the day specified in the notice.\n> \n> > (5)  The transfer notice may specify the consideration on which a transfer is made and the values at which the assets, rights or liabilities are transferred.\n> \n> > (6)  The Treasurer, by a notice published in the *Gazette*, may amend or revoke a transfer notice.\n> \n> > (7)  If the Treasurer amends a transfer notice by a notice under [subsection (6)](#GS19@Gs6@EN) , the notice under [subsection (6)](#GS19@Gs6@EN) is to be taken to have taken effect at the same time as the transfer notice.\n> \n> > (8)  If the Treasurer revokes a transfer notice by a notice under [subsection (6)](#GS19@Gs6@EN) , the transfer notice is to be taken to have never been in force.\n> \n> > (9)  If the Treasurer amends or revokes a transfer notice by a notice under [subsection (6)](#GS19@Gs6@EN)  –\n> > \n> > > > (a) any action that is, after the transfer notice takes effect but before the notice under [subsection (6)](#GS19@Gs6@EN) is made, taken by the transferee in relation to the asset, right or liability transferred by the transfer notice to the transferee is to be taken to be an action taken by the transferor; and\n> > > \n> > > > (b) any failure by the transferee, after the transfer notice takes effect but before the notice under [subsection (6)](#GS19@Gs6@EN) is made, to take an action in relation to the asset, right or liability transferred to the transferee by the transfer notice is to be taken to be a failure by the transferor.\n> \n> > (10)  A notice under this section is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Effect of transfer notice","content":"### 20 Effect of transfer notice\n\n> > (1)  When any assets, rights or liabilities are transferred by a transfer notice, the following provisions have effect:\n> > \n> > > > (a) the assets of the transferor that are the subject of the transfer notice vest in the transferee by virtue of this section and without the need for any further conveyance, transfer, assignment or assurance;\n> > > \n> > > > (b) the rights or liabilities of the transferor that are the subject of the transfer notice become by virtue of this section the rights or liabilities of the transferee;\n> > > \n> > > > (c) a reference in any Act, in any instrument made under any Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind, to –\n> > > > \n> > > > > > (i) the transferor; or\n> > > > > \n> > > > > > (ii) any predecessor of the transferor –\n> > > > \n> > > > to the extent to which the reference relates to the assets, rights or liabilities that are the subject of the transfer notice, is taken to be, or include, a reference to the transferee;\n> > > \n> > > > (d) any legal, or other, proceedings that –\n> > > > \n> > > > > > (i) relate to the assets, rights or liabilities that are the subject of the transfer notice; and\n> > > > > \n> > > > > > (ii) are commenced before the transfer by or against the transferor or a predecessor of the transferor; and\n> > > > > \n> > > > > > (iii) are pending immediately before the transfer –\n> > > > \n> > > > are taken to be proceedings pending by or against the transferee;\n> > > \n> > > > (e) any legal, or other, proceedings that –\n> > > > \n> > > > > > (i) relate to the assets, rights or liabilities that are the subject of the transfer notice; and\n> > > > > \n> > > > > > (ii) could have been commenced, before the transfer, by or against the transferor or a predecessor of the transferor –\n> > > > \n> > > > may be commenced by or against the transferee;\n> > > \n> > > > (f) a judgment or order of a court, or other tribunal, that –\n> > > > \n> > > > > > (i) relates to the assets, rights or liabilities that are the subject of the transfer notice; and\n> > > > > \n> > > > > > (ii) is obtained before the transfer by or against the transferor or a predecessor of the transferor –\n> > > > \n> > > > may be enforced by or against the transferee;\n> > > \n> > > > (g) any document, relating to legal, or other, proceedings, that –\n> > > > \n> > > > > > (i) relates to the assets, rights or liabilities that are the subject of the transfer notice; and\n> > > > > \n> > > > > > (ii) has been served on or by a transferor, or a predecessor of the transferor, before the transfer –\n> > > > \n> > > > is taken, where appropriate, to have been served on or by the transferee;\n> > > \n> > > > (h) any act, matter or thing done or omitted to be done –\n> > > > \n> > > > > > (i) in relation to the assets, rights or liabilities that are the subject of the transfer notice before the transfer; and\n> > > > > \n> > > > > > (ii) by, to or in respect of the transferor or a predecessor of the transferor –\n> > > > \n> > > > is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee.\n> \n> > (2)  No compensation is payable to any person or body in connection with a transfer (or an amendment or revocation under [section 19(6)](#GS19@Gs6@EN) of a transfer notice) except to the extent (if any) to which the transfer notice giving rise to the transfer, or the amendment or revocation, so provides.\n> \n> > (3)  State tax is not payable in respect of any document prepared to give effect to a transfer notice or an amendment or revocation under [section 19(6)](#GS19@Gs6@EN) of a transfer notice.\n> \n> > (4)  A person is not entitled to –\n> > \n> > > > (a) terminate or modify the operation or effect of a contract; or\n> > > \n> > > > (b) claim that there has been a breach of or default under a contract; or\n> > > \n> > > > (c) claim any remedy –\n> > \n> > by reason only of the transfer of that contract (or rights or liabilities under that contract) under a transfer notice or an amendment or revocation under [section 19(6)](#GS19@Gs6@EN) of a transfer notice.\n> \n> > (5)  A transfer notice has effect despite any other law, contract or other instrument.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Orders transferring employment of employees","content":"### 21 Orders transferring employment of employees\n\n> > (1)  The Treasurer, by order in writing given to a State-owned electricity entity, may transfer the employment of an employee of the State-owned electricity entity to another State-owned electricity entity specified in the order.\n> \n> > (2)  The Treasurer may give more than one order under [subsection (1)](#GS21@Gs1@EN) in relation to one or more employees.\n> \n> > (3)  Before transferring the employment of an employee of a State-owned electricity entity, the Treasurer, or a person authorised by the Treasurer, is to consult with the employee.\n> \n> > (4)  The consultation with the employee may be in any manner the Treasurer, or a person authorised by the Treasurer, thinks fit, including, but not limited to including, consultation with the employee, a representative of the person or a representative of the employee organisation of which the person is a member.\n> \n> > (5)  Despite [subsection (4)](#GS21@Gs4@EN) , consultation with an employee may not be inconsistent with –\n> > \n> > > > (a) any award, or agreement, that applies in relation to the employee under a law of a State, a Territory or the Commonwealth; or\n> > > \n> > > > (b) any law of a State, a Territory or the Commonwealth that applies in relation to the employee.\n> \n> > (6)  A State-owned electricity entity that is given an order under [subsection (1)](#GS21@Gs1@EN) is to give to each person whose employment is transferred by the order written notice of the transferral.\n> \n> > (7)  The Treasurer, by order in writing given to a State-owned electricity entity, may amend or revoke an order under [subsection (1)](#GS21@Gs1@EN) .\n> \n> > (8)  If the Treasurer amends an order under [subsection (1)](#GS21@Gs1@EN) by an order under [subsection (7)](#GS21@Gs7@EN) , the order under [subsection (7)](#GS21@Gs7@EN) is to be taken to have taken effect at the same time as the order under [subsection (1)](#GS21@Gs1@EN) .\n> \n> > (9)  If the Treasurer revokes an order under [subsection (1)](#GS21@Gs1@EN) by an order under [subsection (7)](#GS21@Gs7@EN) , the order under [subsection (1)](#GS21@Gs1@EN) is to be taken to have never been in force.\n> \n> > (10)  If the Treasurer amends or revokes an order under [subsection (1)](#GS21@Gs1@EN) by an order under [subsection (7)](#GS21@Gs7@EN)  –\n> > \n> > > > (a) any action that –\n> > > > \n> > > > > > (i) is taken by the employer to whom an employee is or was transferred by the order under [subsection (1)](#GS21@Gs1@EN) ; and\n> > > > > \n> > > > > > (ii) relates to the employee; and\n> > > > > \n> > > > > > (iii) occurs after the order under [subsection (1)](#GS21@Gs1@EN) takes effect but before the order under [subsection (7)](#GS21@Gs7@EN) is made –\n> > > > \n> > > > is to be taken to be an action taken, in relation to the employee, by the employer from whom the employee was transferred; and\n> > > \n> > > > (b) any failure that –\n> > > > \n> > > > > > (i) is a failure of the employer to whom an employee is or was transferred by the order; and\n> > > > > \n> > > > > > (ii) relates to the employee; and\n> > > > > \n> > > > > > (iii) occurs after the order under [subsection (1)](#GS21@Gs1@EN) takes effect but before the order under [subsection (7)](#GS21@Gs7@EN) is made –\n> > > > \n> > > > is to be taken to be a failure, in relation to the employee, of the employer from whom the employee was transferred.\n> \n> > (11)  An order given under this section is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Effect of order transferring employment of employee","content":"### 22 Effect of order transferring employment of employee\n\n> > (1)  If an order given under [section 21(1)](#GS21@Gs1@EN) specifies that the employment of a person referred to in the order (the ***transferred employee***) is, on a day specified in the order, transferred from a State-owned electricity entity (***the former employer***) to another State-owned electricity entity (***the new employer***) –\n> > \n> > > > (a) the transferred employee ceases, on that day, to be an employee of the former employer and the former employer ceases to be the employer of the transferred employee; and\n> > > \n> > > > (b) the transferred employee becomes, on that day, an employee of the new employer and the new employer becomes the employer of the transferred employee.\n> \n> > (2)  A transferred employee –\n> > \n> > > > (a) is taken to have been employed by the new employer on the same terms and conditions as those on which he or she was employed by the former employer; and\n> > > \n> > > > (b) except if an award, agreement or law otherwise provides –\n> > > > \n> > > > > > (i) retains all entitlements that he or she has accrued as if employment by the new employer were a continuation of employment with the former employer; and\n> > > > > \n> > > > > > (ii) is entitled to claim those entitlements from the new employer; and\n> > > \n> > > > (c) is not entitled to any compensation or other payment in respect of the change of his or her employment by virtue of the order given under [section 21(1)](#GS21@Gs1@EN) that transfers his or her employment.\n> \n> > (3)  An award or agreement that had effect in relation to a person immediately before he or she became a transferred employee continues to have effect in relation to the transferred employee, except if another award or agreement or law that applies in relation to him or her after he or she becomes a transferred employee provides otherwise.\n> \n> > (4)  A period of service, of the transferred employee, with the former employer is to be taken to be the equivalent period of service with the new employer.\n> \n> > (5)  Nothing in this section prevents any of the terms or conditions of employment of a transferred employee being altered by an award, agreement, or law.","sortOrder":27},{"sectionNumber":"Part 5","sectionType":"part","heading":"Sale of Retail Business of Aurora Energy or Subsidiary","content":"# Part 5 Sale of Retail Business of Aurora Energy or Subsidiary","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Sale of retail business of Aurora Energy or subsidiary","content":"### 23 Sale of retail business of Aurora Energy or subsidiary\n\n> > (1)  The Treasurer, while the shareholding Ministers are the shareholders in relation to Aurora Energy, may sell all or part of the retail business of Aurora Energy or a subsidiary of Aurora Energy.\n> \n> > (1A)  [*\\[Section 23 Subsection (1A) inserted by No. 20 of 2025, s. 8, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/act-2025-020#GS8@EN) The Treasurer may only sell all, or part, of the retail business under [subsection (1)](#GS23@Gs1@EN) if a motion that approves the proposed sale is passed by at least two-thirds of the members of each House of Parliament.\n> \n> > (2)  A sale under this section is to be on the terms the Treasurer thinks fit.\n> \n> > (3)  For the purposes of a sale under this section, the Treasurer may do any or all of the following:\n> > \n> > > > (a) enter into contracts;\n> > > \n> > > > (b) transfer shares in a subsidiary of Aurora Energy that holds any retail business;\n> > > \n> > > > (c) transfer or novate any contracts held by Aurora Energy or a subsidiary of Aurora Energy as part of any retail business;\n> > > \n> > > > (d) amend, in any manner agreed between the parties to the contract, a contract made for the purposes of this section;\n> > > \n> > > > (e) do any other thing that the Treasurer considers necessary or convenient to effect the sale.\n> \n> > (4)  In exercising a power of sale under this section, the Treasurer is to have regard to achieving a fair and reasonable price.\n> \n> > (5)  [*\\[Section 23 Subsection (5) amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020\\]*](/view/html/inforce/2020-11-27/act-2020-038#JS1@Ja5@GC1@EN) The net proceeds of a sale under this section are to be paid into the Public Account.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Contents of contracts for sale of retail business","content":"### 24 Contents of contracts for sale of retail business\n\n> > (1)  In this section –\n> > \n> > > ***contract*** means –\n> > > \n> > > > > (a) an agreement, arrangement, undertaking, warranty or contract; or\n> > > > \n> > > > > (b) any part of an agreement, arrangement, undertaking, warranty or contract;\n> > \n> > > ***purchaser***, in relation to transferring business, means a person to whom all or part of the transferring business is sold under [section 23](#GS23@EN) ;\n> > \n> > > ***sale contract*** means a contract under [section 23](#GS23@EN) for the sale of any part of transferring business and includes –\n> > > \n> > > > > (a) part of any such contract; and\n> > > > \n> > > > > (b) any amendment, to such a contract, that is effected in any manner agreed by the parties to the contract;\n> > \n> > > ***sale day***, in relation to any part of the transferring business sold under [section 23](#GS23@EN) , means the day on which the sale of the transferring business is to take effect;\n> > \n> > > ***transferor***, in relation to transferring business of Aurora Energy, or a subsidiary of Aurora Energy, means Aurora Energy or the subsidiary, respectively;\n> > \n> > > ***transferring business*** means any part of the retail business of Aurora Energy, or of a subsidiary of Aurora Energy, that is sold under [section 23](#GS23@EN) .\n> \n> > (2)  A sale contract may –\n> > \n> > > > (a) specify conditions including, but not limited to including –\n> > > > \n> > > > > > (i) conditions relating to the transfer of the transferring business to which the sale contract relates; and\n> > > > > \n> > > > > > (ii) conditions relating to the payment of consideration; and\n> > > \n> > > > (b) provide that a right under a contract specified in the sale contract is held by the transferor or the purchaser; and\n> > > \n> > > > (c) provide that a liability under a contract specified in the sale contract is a liability of the transferor or the purchaser; and\n> > > \n> > > > (d) provide that a reference to the transferor in a contract specified in the sale contract is, or is to include, a reference to the purchaser; and\n> > > \n> > > > (e) provide that a purchaser is substituted as a party to a contract, specified in the sale contract, in the place of the transferor, from a date not earlier than the sale day; and\n> > > \n> > > > (f) provide that a legal, or other, proceeding instituted by or against the transferor, that relates to the transferring business and is pending immediately before the sale day may be continued by or against the purchaser; and\n> > > \n> > > > (g) provide that a legal, or other, proceeding that could have been, immediately before the sale day, instituted, in relation to the transferring business, by or against the transferor may be instituted by or against the purchaser; and\n> > > \n> > > > (h) provide that a document served on the transferor, in respect of a legal, or other, proceeding referred to in [paragraph (f)](#GS24@Gs2@Hpf@EN) is taken to have been served on the purchaser; and\n> > > \n> > > > (i) provide that a judgment or order of a court or tribunal obtained by or against the transferor, in relation to the transferring business, may be enforced by or against the purchaser but may not be enforced by or against the transferor; and\n> > > \n> > > > (j) provide for any matter that is incidental to the transfer of the transferring business to which the sale contract relates.\n> \n> > (3)  Anything provided for in a sale contract in accordance with [subsection (2)](#GS24@Gs2@EN) is taken to take effect in accordance with the terms of the sale contract, despite any other law or any other contract (including any contract specified in the sale contract).\n> \n> > (4)  The following provisions apply on and after the sale day in relation to transferring business, except as otherwise provided for in a sale contract:\n> > \n> > > > (a) a legal, or other, proceeding instituted by or against the transferor, that relates to the transferring business and is pending immediately before the sale day may be continued by or against the purchaser;\n> > > \n> > > > (b) a legal, or other, proceeding that could have been, immediately before the sale day, instituted, in relation to the transferring business, by or against the transferor, may be instituted by or against the purchaser;\n> > > \n> > > > (c) a document served on the transferor, in respect of a legal, or other, proceeding referred to in [paragraph (a)](#GS24@Gs4@Hpa@EN) , is taken to have been served on the purchaser;\n> > > \n> > > > (d) a judgment or order of a court or tribunal obtained by or against the transferor, in relation to the transferring business, may be enforced by or against the purchaser but may not be enforced by or against the transferor;\n> > > \n> > > > (e) an obligation of the transferor in relation to a liability that becomes the liability of the purchaser as part of the sale of the transferring business is discharged on the sale day.","sortOrder":30},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transfer to Crown of Remaining Business of Aurora, Transend and Subsidiaries, &c.","content":"# Part 6 Transfer to Crown of Remaining Business of Aurora, Transend and Subsidiaries, &c.","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Interpretation of  Part 6","content":"### 25 Interpretation of  Part 6\n\n> In this Part –\n> \n> > ***transfer day***, in relation to a transfer order, means the date specified in the order in accordance with [section 26(4)](#GS26@Gs4@EN) as the date on which the transfer of the business to which the order relates takes effect;\n> \n> > ***transfer order*** means an order made under [section 26(1)](#GS26@Gs1@EN) ;\n> \n> > ***transferring business***, in relation to a transfer order, means the business that is the subject of the order.","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Remaining business of Aurora Energy, Transend or subsidiaries may be transferred to Crown","content":"### 26 Remaining business of Aurora Energy, Transend or subsidiaries may be transferred to Crown\n\n> > (1)  The Treasurer, by order (a ***transfer order***) published in the *Gazette*, may transfer to the Crown any part of the business of –\n> > \n> > > > (a) Aurora Energy or Transend; or\n> > > \n> > > > (b) a subsidiary of Aurora Energy or Transend –\n> > \n> > that has not been, at the transfer day, transferred or sold.\n> \n> > (2)  A transfer order may only be made after –\n> > \n> > > > (a) the sale of the retail business of Aurora Energy or a subsidiary of Aurora Energy; and\n> > > \n> > > > (b) the merger of the network businesses of Aurora Energy and Transend.\n> \n> > (3)  The Treasurer may make more than one transfer order in relation to any part of the business of Aurora Energy or Transend or a subsidiary of Aurora Energy or Transend.\n> \n> > (4)  A transfer order is to specify the date on which the transfer specified in the order takes effect.\n> \n> > (5)  A transfer order may –\n> > \n> > > > (a) specify conditions relating to the transfer; and\n> > > \n> > > > (b) provide for any other matter that is incidental to the transfer.\n> \n> > (6)  The Treasurer, by an order published in the *Gazette*, may amend or revoke a transfer order.\n> \n> > (7)  If the Treasurer amends a transfer order by an order under [subsection (6)](#GS26@Gs6@EN) , the order under [subsection (6)](#GS26@Gs6@EN) is to be taken to have taken effect at the same time as the transfer order.\n> \n> > (8)  If the Treasurer revokes a transfer order by an order under [subsection (6)](#GS26@Gs6@EN) , the transfer order is to be taken to have never been in force.\n> \n> > (9)  If the Treasurer amends or revokes a transfer order by an order under [subsection (6)](#GS26@Gs6@EN)  –\n> > \n> > > > (a) any action that –\n> > > > \n> > > > > > (i) is taken by the Crown in relation to an asset, right or liability transferred to the Crown by the transfer order; and\n> > > > > \n> > > > > > (ii) is so taken after the transfer order takes effect but before the order under [subsection (6)](#GS26@Gs6@EN) is made –\n> > > > \n> > > > is to be taken to be an action taken by the State-owned electricity entity from which the asset, right or liability is transferred; and\n> > > \n> > > > (b) any failure by the Crown –\n> > > > \n> > > > > > (i) to take an action in relation to an asset, right or liability transferred to the Crown by the transfer order; and\n> > > > > \n> > > > > > (ii) that occurs after the transfer order takes effect but before the order under [subsection (6)](#GS26@Gs6@EN) is made –\n> > > > \n> > > > is to be taken to be a failure by the State-owned electricity entity from which the asset, right or liability is transferred.\n> \n> > (10)  An order under this section is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Effect of transfer order","content":"### 27 Effect of transfer order\n\n> > (1)  On the transfer day in relation to a transfer order –\n> > \n> > > > (a) any business (other than a liability) of –\n> > > > \n> > > > > > (i) Aurora Energy or Transend; or\n> > > > > \n> > > > > > (ii) a subsidiary of Aurora Energy or Transend –\n> > > > \n> > > > that is business specified in, or transferred by, the order, vests in the Crown; and\n> > > \n> > > > (b) any business of –\n> > > > \n> > > > > > (i) Aurora Energy or Transend; or\n> > > > > \n> > > > > > (ii) a subsidiary of Aurora Energy or Transend –\n> > > > \n> > > > that is a liability specified in, or transferred by, the order, becomes a liability of the Crown.\n> \n> > (2)  Except as otherwise provided in a transfer order, on and after the transfer day in relation to the order –\n> > \n> > > > (a) a reference in an existing document –\n> > > > \n> > > > > > (i) to Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend; or\n> > > > > \n> > > > > > (ii) to the board of directors of Aurora Energy or Transend, or of a subsidiary of Aurora Energy or Transend –\n> > > > \n> > > > in relation to the transferring business is taken, where appropriate, to be or to include a reference to the Crown; and\n> > > \n> > > > (b) a contract made by Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend, relating to the transferring business but not performed or discharged before the transfer day is taken to have been made by the Crown; and\n> > > \n> > > > (c) a legal, or other, proceeding that could have been instituted by or against –\n> > > > \n> > > > > > (i) Aurora Energy or Transend; or\n> > > > > \n> > > > > > (ii) a subsidiary of Aurora Energy or Transend –\n> > > > \n> > > > immediately before the transfer day and that relates to the transferring business may be instituted by or against the Crown; and\n> > > \n> > > > (d) a legal, or other, proceeding that –\n> > > > \n> > > > > > (i) is instituted by or against Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend; and\n> > > > > \n> > > > > > (ii) relates to the transferring business; and\n> > > > > \n> > > > > > (iii) is pending immediately before the transfer day –\n> > > > \n> > > > may be continued by or against the Crown; and\n> > > \n> > > > (e) a document that is served on Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend, in respect of a proceeding referred to in [paragraph (d)](#GS27@Gs2@Hpd@EN) is taken to have been served on the Crown; and\n> > > \n> > > > (f) a judgment or order of a court or tribunal obtained by or against Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend, in relation to the transferring business may be enforced by or against the Crown but may not be enforced by or against Aurora Energy or Transend, or a subsidiary of Aurora Energy or Transend.","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Deregistration of Aurora Energy and Transend and subsidiaries","content":"### 28 Deregistration of Aurora Energy and Transend and subsidiaries\n\n> > (1)  If the Treasurer is satisfied that there are no longer any functions required to be performed by Aurora Energy, the Treasurer may apply, or require Aurora Energy to apply, for the deregistration of Aurora Energy under section 601AA of the Corporations Act.\n> \n> > (2)  If the Treasurer is satisfied that there are no longer any functions required to be performed by Transend, the Treasurer may apply, or require Transend to apply, for the deregistration of Transend under section 601AA of the Corporations Act.\n> \n> > (3)  If the Treasurer is satisfied that there are no longer any functions required to be performed by a subsidiary of Aurora Energy or Transend, the Treasurer may require the subsidiary to apply for the deregistration of the subsidiary under section 601AA of the Corporations Act.\n> \n> > (4)  A requirement under this section is to be in writing.\n> \n> > (5)  A company must comply with a requirement imposed on it under this section.","sortOrder":35},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Relationship of this Act to Corporations Act","content":"### 29 Relationship of this Act to Corporations Act\n\n> To the extent that any provision of this Act is incapable of concurrent operation with the Corporations Act, that provision is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Relationship of this Act to Competition and Consumer Act 2010 of the Commonwealth","content":"### 30 Relationship of this Act to Competition and Consumer Act 2010 of the Commonwealth\n\n> Anything specified in, and specifically authorised by, this Act, or regulations made under this Act, is exempted from Part IV of the *Competition and Consumer Act 2010* of the Commonwealth.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Application of section 20 of Electricity Companies Act 1997","content":"### 31 Application of section 20 of Electricity Companies Act 1997\n\n> The sale or transfer of any contract, business or other asset of a State-owned electricity entity under this Act is not a sale or disposal of all or part of a transmission system or a distribution network for the purposes of [section 20](/view/html/inforce/2026-04-12/act-1997-069#GS20@EN) of the [Electricity Companies Act 1997](/view/html/inforce/2026-04-12/act-1997-069) and that section does not, despite anything to the contrary in that section, apply –\n> \n> > > (a) in relation to such a sale or transfer under this Act; or\n> > \n> > > (b) to a provision of this Act.","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Power to disclose information","content":"### 32 Power to disclose information\n\n> > (1)  Each of the following persons may disclose information (other than information to which [section 9](#GS9@EN) relates) for the purposes of facilitating a sale or transfer under this Act:\n> > \n> > > > (a) a State-owned electricity entity;\n> > > \n> > > > (b) a director, officer, employee, or agent, of a State-owned electricity entity;\n> > > \n> > > > (c) the Treasurer;\n> > > \n> > > > (d) a person providing professional advice to the Crown on any matter relating to such a sale or transfer;\n> > > \n> > > > (e) the Auditor-General;\n> > > \n> > > > (f) a person, or a person who is a member of a class of persons, authorised in writing by the Treasurer to disclose information.\n> \n> > (2)  Information for the purposes of facilitating a sale or transfer under this Act (other than information to which [section 9](#GS9@EN) relates) may only be disclosed by a person referred to in [subsection (1)](#GS32@Gs1@EN) to the following persons:\n> > \n> > > > (a) a potential purchaser of an asset or right to which a sale under this Act relates;\n> > > \n> > > > (b) a director, officer, employee, or agent, of a potential purchaser;\n> > > \n> > > > (c) a person providing professional advice to the potential purchaser on any matter relating to the potential purchase;\n> > > \n> > > > (d) a person referred to in [subsection (1)](#GS32@Gs1@EN) ;\n> > > \n> > > > (e) a director, officer, employee, or agent, of a State-owned electricity entity;\n> > > \n> > > > (f) a person, or a person who is a member of a class of persons, authorised in writing by the Treasurer to receive the information.","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Protection in relation to disclosure or use of certain information","content":"### 33 Protection in relation to disclosure or use of certain information\n\n> > (1)  The disclosure or use of information in the possession or control of –\n> > \n> > > > (a) a State-owned electricity entity; or\n> > > \n> > > > (b) a current or former member of the board of directors of, a chief executive officer of, or an officer, employee or agent of, a State-owned electricity entity; or\n> > > \n> > > > (c) the Electricity Reform Co-ordinator or a person acting on behalf of the Electricity Reform Co-ordinator; or\n> > > \n> > > > (d) a State Service officer or State Service employee or an authorised person under [section 9](#GS9@EN)  –\n> > \n> > is authorised despite any other law, contract or other instrument to the contrary, if the disclosure or use is reasonably required for, or in connection with, ensuring the electricity reform objectives are achieved or the electricity reform measures are implemented.\n> \n> > (2)  Nothing in [subsection (1)](#GS33@Gs1@EN) is to be taken to authorise the disclosure of information in contravention of [section 32](#GS32@EN) or [section 9(5)](#GS9@Gs5@EN) or [(7)](#GS9@Gs7@EN) .","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Protection for actions taken under this Act","content":"### 34 Protection for actions taken under this Act\n\n> Any thing done or omitted in good faith that is done or omitted under, or authorised by, this Act or a direction or request under [section 8](#GS8@EN) , [section 9](#GS9@EN) or [section 15](#GS15@EN) , does not, except as otherwise expressly provided by or under this Act or as provided or agreed by the person doing or omitting the thing –\n> \n> > > (a) terminate or modify a contract, other instrument or obligation; or\n> > \n> > > (b) give rise to a right to terminate or modify a contract, other instrument or obligation by fulfilling a condition or in any other manner; or\n> > \n> > > (c) release a surety or other obligee wholly or in part from an obligation; or\n> > \n> > > (d) give rise to any right or remedy by a party to a contract or other instrument; or\n> > \n> > > (e) constitute a breach of a contract or other instrument; or\n> > \n> > > (f) constitute a civil or criminal wrong; or\n> > \n> > > (g) constitute a breach of confidence.","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Exemption from State tax","content":"### 35 Exemption from State tax\n\n> > (1)  The Treasurer may determine that State tax is not payable in respect of any document prepared in relation to, or for the purposes of, any sale under this Act.\n> \n> > (2)  A determination is to be made by certificate provided to the person who would otherwise be required to pay the State tax.\n> \n> > (3)  State tax is not payable in respect of the transfer of any assets, rights or liability of any State-owned electricity entity to another State-owned electricity entity.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"No Crown guarantee","content":"### 36 No Crown guarantee\n\n> The obligations of a State-owned electricity entity are not guaranteed by the Crown, except in so far as the obligation is a liability transferred to the Crown by the operation of [section 27](#GS27@EN) .","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Disputes as to whether business is transferred","content":"### 37 Disputes as to whether business is transferred\n\n> > (1)  If any dispute arises –\n> > \n> > > > (a) as to whether any business of a State-owned electricity entity is transferred under [Part 4](#HP4@EN) or [6](#HP6@EN) to another State-owned electricity entity or the Crown; or\n> > > \n> > > > (b) as to whether any, or any part of any, contract relates to business transferred under [Part 4](#HP4@EN) or [6](#HP6@EN) to another State-owned electricity entity or the Crown –\n> > \n> > the Treasurer may determine the matter and is to provide written notice of that determination to any State-owned electricity entity to which the business relates.\n> \n> > (2)  The determination of the Treasurer under [subsection (1)](#GS37@Gs1@EN) as to whether any business is transferred under this Act is final and binding on –\n> > \n> > > > (a) each State-owned electricity entity to or from which the business is transferred under this Act; and\n> > > \n> > > > (b) the Crown.","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Treasurer may amend constitution of State-owned electricity entity","content":"### 38 Treasurer may amend constitution of State-owned electricity entity\n\n> > (1)  In this section –\n> > \n> > > ***amend*** means do any one or more of the following:\n> > > \n> > > > > (a) omit matter;\n> > > > \n> > > > > (b) insert matter;\n> > > > \n> > > > > (c) omit matter and substitute any other matter.\n> \n> > (2)  Despite anything to the contrary in the constitution of a State-owned electricity entity, the Treasurer may, for the purpose of facilitating a sale or transfer under this Act, amend, or revoke and substitute, the constitution of a State-owned electricity entity.","sortOrder":48},{"sectionNumber":"Division 3","sectionType":"division","heading":"Other matters","content":"## Division 3 Other matters","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Extra-territorial operation","content":"### 39 Extra-territorial operation\n\n> > (1)  It is the intention of the Parliament of Tasmania that the operation of this Act should, as far as possible, include operation in relation to the following:\n> > \n> > > > (a) things situated in or outside the territorial limits of the State;\n> > > \n> > > > (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of the State;\n> > > \n> > > > (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another State, a Territory, the Commonwealth or a foreign country.\n> \n> > (2)  Without limiting [subsection (1)](#GS39@Gs1@EN) , it is the intention of the Parliament of Tasmania that the provisions of this Act operate in relation to the things, acts, transactions and matters referred to in that subsection even if the rules of private international law (whether at general law or as provided by legislation) would require the application of a law other than this Act instead of the provisions of this Act.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Decisions of shareholding Ministers not reviewable","content":"### 40 Decisions of shareholding Ministers not reviewable\n\n> A decision of a shareholding Minister is not subject to review, whether judicial or otherwise.","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Regulations","content":"### 41 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may authorise any matter to be from time to time determined, applied or regulated by a shareholding Minister or the Electricity Reform Co-ordinator.\n> \n> > (4)  The regulations may –\n> > \n> > > > (a) provide for savings or transitional matters necessary or expedient for bringing this Act into operation; and\n> > > \n> > > > (b) provide for any of those savings or transitional matters to take effect when this Act commences or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Administration of Act","content":"### 42 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 Resources; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Treasury and Finance.","sortOrder":53}],"analysis":{"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Based on the fact that the Act has been amended multiple times between its 2012 enactment and the current 2025 version, it is highly likely the scope has evolved from its original form. Electricity reform legislation in Australia has frequently been expanded or modified in response to changing energy markets, the growth of renewables, consumer protection concerns, and national energy policy shifts. However, without access to the full text and amendment history, the precise nature and extent of scope changes cannot be definitively confirmed."},"complexity_factors":["Energy market legislation inherently involves interaction between state and national regulatory frameworks (e.g., National Electricity Rules), adding jurisdictional layers","Multiple amendments since 2012 (visible from the amending instruments reference) mean the current law may differ significantly from the original Act, requiring readers to track changes","Tasmania's unique electricity market characteristics (heavy reliance on hydro, Basslink interconnector to mainland) create state-specific complexity not found in other jurisdictions","Government-owned corporations are subject to both this Act and separate corporate governance legislation, creating overlapping obligations","The Act sits within a broader national energy law framework, meaning understanding it fully requires knowledge of Commonwealth and multi-jurisdictional rules","Limited analysis possible due to incomplete source text provided — actual complexity may be higher or lower"],"plain_english_summary":"The Electricity Reform Act 2012 (Tasmania) is the state's framework for reorganising how electricity is generated, distributed, and sold, affecting consumers, private and government-owned generators, distributors and retailers, and market regulators. It sets institutional roles, sale and service rules, consumer protections, and aligns Tasmania’s largely hydro-based system with the national energy market.\n\nNote: the full Act text wasn’t provided; this summary reflects the typical scope of such legislation."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2012 Act provided broad ministerial powers to restructure and privatise the electricity industry with minimal parliamentary oversight. The 2025 amendment (section 23(1A)) significantly altered the scope by introducing a major constraint: a two-thirds parliamentary majority is now required to approve any sale of the retail business. This transforms the Act from a purely executive-driven reform mechanism to one requiring broad parliamentary consensus for the most significant transactions, effectively narrowing the scope of ministerial discretion for asset sales."},"complexity_factors":["23 defined terms in the interpretation section (section 4), including nested definitions for 'business' and 'subsidiary'","Extensive cross-referencing to other Tasmanian legislation (Electricity Companies Act 1997, Hydro-Electric Corporation Act 1995, etc.) and Commonwealth legislation (Corporations Act, Competition and Consumer Act)","Complex conditional logic with time limits (powers expire after 30 June 2015 except for winding up)","Retrospective effect provisions for amendments and revocations (sections 19, 21, 26)","Multiple layers of indemnity and protection provisions (sections 10, 17, 33, 34)","Specific parliamentary approval requirement added by 2025 amendment (section 23(1A)) creating conditional logic for sales","Interaction with National Electricity Rules and National Energy Retail Law (Tasmania)","Displacement of Commonwealth Corporations Act provisions (section 29)"],"plain_english_summary":"This is Tasmanian legislation that sets up a major overhaul of the state's electricity industry. The Act gives the government sweeping powers to restructure, sell off, and transfer parts of the publicly owned electricity sector.\n\n**What it does:**\n- **Creates a reform program** with four main goals: keep electricity prices as low as possible while keeping the industry financially viable; ensure safe and reliable supply; maximise Tasmania's advantage from renewable energy (hydro); and ensure state-owned electricity businesses run efficiently.\n\n- **Allows major structural changes**, including:\n  - Introducing full retail competition so customers can choose their electricity retailer\n  - Merging Aurora Energy's distribution network with Transend's transmission system into a single network business\n  - Selling Aurora Energy's retail business (the part that sells electricity to homes and businesses) to private buyers\n  - Transferring or selling Aurora Energy (Tamar Valley) to the Hydro-Electric Corporation or private sector\n  - Setting up independent regulation of the Hydro-Electric Corporation's wholesale contracts\n\n- **Establishes an Electricity Reform Co-ordinator** (until 30 June 2015) to oversee the changes, answerable to the Treasurer and Energy Minister.\n\n- **Gives the Treasurer extraordinary powers** to:\n  - Transfer assets, debts, and employees between government electricity businesses by simply publishing a notice in the Gazette (no need for normal legal transfers)\n  - Sell the retail business of Aurora Energy or its subsidiaries\n  - Transfer remaining business to the Crown (effectively dissolving the companies)\n  - Amend or revoke these transfers retrospectively\n  - Direct electricity companies and their boards to take specific actions\n  - Amend company constitutions\n\n- **Protects people involved** from legal liability if they act in good faith under the Act, and overrides normal contract laws so that transfers don't trigger breach-of-contract claims.\n\n**Who it affects:**\n- **State-owned electricity entities**: Aurora Energy, Transend, Hydro-Electric Corporation, and their subsidiaries\n- **Employees**: Can have their employment transferred between entities with preserved conditions\n- **Customers**: Ultimately intended to benefit from competition and lower prices\n- **Potential private buyers**: Can purchase parts of the retail business\n\n**Why it matters:**\nThis Act enables the privatisation and restructuring of Tasmania's electricity industry. It removes normal legal obstacles to transferring billions of dollars in assets and thousands of employees, and overrides usual corporate and contract laws to make the reform happen. The 2025 amendment (section 23(1A)) now requires a two-thirds parliamentary majority to approve any sale of the retail business, adding a significant political safeguard."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act originally granted the Treasurer a broad unilateral power to sell the retail business (s23). The source text records a 2025 amendment inserting s23(1A), which now requires a motion approving any proposed sale passed by at least two‑thirds of the members of each House of Parliament, narrowing the Treasurer's sole sale authority. The Act already contained time limits on certain powers and the Co‑ordinator's office (ss11–12), but the 2025 amendment is the material narrowing of scope evident in the text supplied."},"complexity_factors":["Broad ministerial control and compulsory directions with mandatory compliance by boards, CEOs and officers (ss7–8, 40).","Treasurer's power to transfer assets, rights and liabilities by Gazette notice that vests property and moves proceedings without further conveyancing and generally without statutory compensation unless the notice provides (ss19–20).","Power to transfer remaining business to the Crown by order, with extensive legal consequences for contracts, proceedings and judgments (ss26–27).","Sale regime allowing the Treasurer to sell Aurora Energy's retail business on terms they think fit, including wide contract powers; later amended to require a two‑thirds parliamentary approval for sales (s23; s23(1A) — inserted 2025).","Employee transfer mechanism that preserves accrued entitlements as a continuation of service but permits transfers by order with limited consultation and no automatic compensation (ss21–22).","Information‑sharing carve outs and authorisations that permit disclosure for sale/transfer purposes but limit broader use (ss9,32–33).","Indemnities and immunities protecting persons acting in good faith under directions, requests or in carrying out functions (ss10,17,34), increasing legal certainty for officials but raising oversight questions.","Temporal and office limits (Electricity Reform Co‑ordinator exists until 30 June 2015; ministerial powers limited after that date except for winding up) that add staging complexity to implementation (ss11–12).","Overrides and interaction rules: declared displacement of Corporations Act inconsistencies (s29), specified exemption from Commonwealth competition law for actions authorised by this Act (s30), and regulation‑making powers delegating detail to Ministers or Co‑ordinator (s41).","Finality of Treasurer determinations about whether business is transferred (s37) and non‑reviewability of shareholding Ministers' decisions (s40) create concentrated decision authority with limited external review."],"plain_english_summary":"This Act gives Tasmania's shareholding Ministers and the Treasurer broad powers to restructure the State-owned electricity sector: they can direct companies, order transfers of assets and employees between State entities or to the Crown, sell Aurora Energy's retail business (now subject to a parliamentary supermajority), and appoint an Electricity Reform Co‑ordinator to implement reforms. It affects Aurora Energy, Transend, the Hydro‑Electric Corporation, their subsidiaries, employees, customers and potential purchasers, by shifting decision‑making and legal title through Ministerial notices and orders."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-reform-act-2012","history":"/api/acts/electricity-reform-act-2012/history","analysis":"/api/acts/electricity-reform-act-2012/analysis","conflicts":"/api/acts/electricity-reform-act-2012/conflicts","importantCases":"/api/acts/electricity-reform-act-2012/important-cases","documents":"/api/acts/electricity-reform-act-2012/documents"}}