{"id":"nsw:act-1995-095","name":"Energy Services Corporations Act 1995","slug":"energy-services-corporations-act-1995","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"95 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105584,"registerId":"nsw-act-1995-095-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\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) In this Act:\n> > \n> > electricity generator means a corporation constituted by this Act, being a corporation whose corporate name is listed in Part 1 of Schedule 1.\n> > \n> > energy distributor means a corporation constituted by this Act, being a corporation whose corporate name is listed in Part 2 of Schedule 1.\n> > \n> > energy services corporation means an electricity generator, an energy transmission operator or an energy distributor.\n> > \n> > energy transmission operator means a corporation constituted by this Act, being a corporation whose corporate name is listed in Part 1A of Schedule 1.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Words and expressions used in this Act and also in the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) have the same meanings in this Act as they have in that Act.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 1998 No 68, Sch 1 \\[2\\] \\[3\\]; 2000 No 88, Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Electricity generators","content":"# Part 2 Electricity generators\n\nPart 2 Electricity generators","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of statutory State owned corporations","content":"#### 4 Establishment of statutory State owned corporations\n\n4 Establishment of statutory State owned corporations\n\n> On the day on which this section commences:\n> \n> > (a) corporations are constituted by this Act under each of the corporate names listed in Part 1 of Schedule 1, and\n> \n> > (b) the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) is amended by inserting in Schedule 5, in alphabetical order, each of the corporate names listed in Part 1 of Schedule 1.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Principal objectives of electricity generators","content":"#### 5 Principal objectives of electricity generators\n\n5 Principal objectives of electricity generators\n\n> > (1) The principal objectives of an electricity generator are as follows:\n> > \n> > > (a) to be a successful business and, to this end:\n> > > \n> > > > (i) to operate at least as efficiently as any comparable businesses,\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in it,\n> > > \n> > > > (iii) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,\n> > \n> > > (b) to protect the environment by conducting its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060),\n> > \n> > > (c) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates,\n> > \n> > > (d) to operate efficient, safe and reliable facilities for the generation of electricity,\n> > \n> > > (e) to be an efficient and responsible supplier of electricity,\n> > \n> > > (f) to be a successful participant in the wholesale market for electricity.\n> \n> > (2) Each of the principal objectives of an electricity generator is of equal importance.\n> \n> > (3) The provisions of section 20E of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) do not apply to an electricity generator.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Functions of electricity generators","content":"#### 6 Functions of electricity generators\n\n6 Functions of electricity generators\n\n> > (1) An electricity generator has the functions conferred or imposed on it by or under this or any other Act or law.\n> \n> > (2) The principal functions of an electricity generator are:\n> > \n> > > (a) to establish, maintain and operate facilities for the generation of electricity and other forms of energy, and\n> > \n> > > (b) to supply electricity and other forms of energy to other persons and bodies.\n> \n> > (3) An electricity generator:\n> > \n> > > (a) may also provide facilities or services that are ancillary or incidental to its principal functions, and\n> > \n> > > (b) may also conduct any business (whether or not related to its principal functions) that it considers will further its objectives.\n> \n> > (3A) An electricity generator may acquire, hold, sell or otherwise deal with or trade in carbon sequestration rights within the meaning of section 87A of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).\n> \n> > (4) This section does not limit the functions of an electricity generator apart from this section, but is subject to the provisions of this Act, the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) and any other Act or law.\n> \n> **s 6:** Am 1998 No 124, Sch 3 \\[1\\].","sortOrder":7},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Energy transmission operators","content":"# Part 2A Energy transmission operators\n\nPart 2A Energy transmission operators\n\n**pt 2A:** Ins 1998 No 68, Sch 1 \\[4\\].","sortOrder":8},{"sectionNumber":"6A","sectionType":"section","heading":"Establishment of statutory State owned corporations","content":"#### 6A Establishment of statutory State owned corporations\n\n6A Establishment of statutory State owned corporations\n\n> On the day on which this section commences:\n> \n> > (a) a corporation is constituted by this Act under the corporate name listed in Part 1A of Schedule 1, and\n> \n> > (b) the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) is amended by inserting in Schedule 5, in alphabetical order, the corporate name listed in Part 1A of Schedule 1.\n> \n> **s 6A:** Ins 1998 No 68, Sch 1 \\[4\\].","sortOrder":9},{"sectionNumber":"6B","sectionType":"section","heading":"Principal objectives of energy transmission operators","content":"#### 6B Principal objectives of energy transmission operators\n\n6B Principal objectives of energy transmission operators\n\n> > (1) The principal objectives of an energy transmission operator are as follows:\n> > \n> > > (a) to be a successful business and, to this end:\n> > > \n> > > > (i) to operate at least as efficiently as any comparable businesses,\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in it,\n> > > \n> > > > (iii) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,\n> > \n> > > (b) to protect the environment by conducting its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060),\n> > \n> > > (c) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates,\n> > \n> > > (d) to operate efficient, safe and reliable facilities for the transmission of electricity and other forms of energy,\n> > \n> > > (e) to promote effective access to those transmission facilities.\n> \n> > (2) Each of the principal objectives of an energy transmission operator is of equal importance.\n> \n> > (3) Without limiting subsection (1) (b), in implementing the principal objectives set out in subsection (1), an energy transmission operator has the special objective of minimising the environmental impact on land of activities authorised by easements for transmission facilities created in favour of the energy transmission authority. In implementing this special objective, the transmission operator is bound by all relevant laws (such as those concerning native vegetation, soil conservation and easement management) applying at the time.\n> \n> > (4) The provisions of section 20E of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) do not apply to an energy transmission operator.\n> \n> **s 6B:** Ins 1998 No 68, Sch 1 \\[4\\].","sortOrder":10},{"sectionNumber":"6C","sectionType":"section","heading":"Functions of energy transmission operators","content":"#### 6C Functions of energy transmission operators\n\n6C Functions of energy transmission operators\n\n> > (1) An energy transmission operator has the functions conferred or imposed on it by or under this or any other Act or law.\n> \n> > (2) The principal functions of an energy transmission operator are:\n> > \n> > > (a) to establish, maintain and operate facilities for the transmission of electricity and other forms of energy, and\n> > \n> > > (b) to provide services for the transmission of electricity and other forms of energy in accordance with the relevant regulatory regime.\n> \n> > (2A) An energy transmission operator may also utilise and develop its facilities for the transmission of electricity to carry out telecommunications services (the telecommunications function).\n> \n> > (2B) Without limiting subsection (2A), in exercising the telecommunications function, an energy transmission operator may do any of the following:\n> > \n> > > (a) install a telecommunications cable or equipment by attaching it to, or incorporating it in, any of its facilities for the transmission of electricity,\n> > \n> > > (b) remove any telecommunications cables or equipment so installed,\n> > \n> > > (c) operate and carry out work relating to telecommunications cables so installed,\n> > \n> > > (d) operate those facilities for the transmission of electricity for the purposes of telecommunications.\n> \n> > (2C) Any power or right that an energy transmission operator has under an affected easement with respect to the exercise of its principal functions is taken to extend to the exercise of the telecommunications function.\n> \n> > (2D) Divisions 2 and 3 of Part 5 of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094) apply to and in respect of the exercise by an energy transmission operator of the telecommunications function as if the references in those Divisions to electricity works included references to telecommunications works.\n> > \n> > Note—\n> > \n> > An energy transmission operator, may, for example, for the purposes of exercising its telecommunications function, exercise powers of entry under, and in accordance with, Division 3 of Part 5 of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> \n> > (3) An energy transmission operator:\n> > \n> > > (a) may also provide facilities and services that are ancillary or incidental to its principal or telecommunications functions, and\n> > \n> > > (b) may also conduct any business (whether or not related to its principal or telecommunications functions) that it considers will further its objectives.\n> \n> > (4) This section does not limit the functions of an energy transmission operator apart from this section, but is subject to the provisions of this Act, the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) and any other Act or law.\n> \n> > (5) In this section:\n> > \n> > affected easement means any easement (whether created statutorily or otherwise):\n> > \n> > > (a) acquired (whether by agreement or compulsorily) before the commencement of this paragraph, or\n> > \n> > > (b) acquired compulsorily after the commencement of this paragraph.\n> \n> **s 6C:** Ins 1998 No 68, Sch 1 \\[4\\]. Am 2000 No 88, Sch 1 \\[2\\]–\\[5\\].\n> \n> **s 6C, note:** Ins 2000 No 88, Sch 1 \\[2\\].","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Energy distributors","content":"# Part 3 Energy distributors\n\nPart 3 Energy distributors","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Establishment of statutory State owned corporations","content":"#### 7 Establishment of statutory State owned corporations\n\n7 Establishment of statutory State owned corporations\n\n> On the day on which this section commences:\n> \n> > (a) corporations are constituted by this Act under each of the corporate names listed in Part 2 of Schedule 1, and\n> \n> > (b) the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) is amended by inserting in Schedule 5, in alphabetical order, each of the corporate names listed in Part 2 of Schedule 1.","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Principal objectives of energy distributors","content":"#### 8 Principal objectives of energy distributors\n\n8 Principal objectives of energy distributors\n\n> > (1) The principal objectives of an energy distributor are as follows:\n> > \n> > > (a) to be a successful business and, to this end:\n> > > \n> > > > (i) to operate at least as efficiently as any comparable businesses,\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in it,\n> > > \n> > > > (iii) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,\n> > \n> > > (b) to protect the environment by conducting its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060),\n> > \n> > > (c) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates,\n> > \n> > > (d) to operate efficient, safe and reliable facilities for the distribution of electricity and other forms of energy,\n> > \n> > > (e) to be an efficient and responsible supplier of electricity and other forms of energy and of services relating to the use and conservation of electricity and other forms of energy,\n> > \n> > > (f) to be a successful participant in the wholesale and retail markets for electricity and other forms of energy and for services relating to the use and conservation of electricity and other forms of energy.\n> \n> > (2) Each of the principal objectives of an energy distributor is of equal importance.\n> \n> > (3) The provisions of section 20E of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) do not apply to an energy distributor.","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Functions of energy distributors","content":"#### 9 Functions of energy distributors\n\n9 Functions of energy distributors\n\n> > (1) An energy distributor has the functions conferred or imposed on it by or under this or any other Act or law.\n> \n> > (2) The principal functions of an energy distributor are:\n> > \n> > > (a) to establish, maintain and operate facilities for the distribution of electricity and other forms of energy, and\n> > \n> > > (b) to supply electricity and other forms of energy, and services relating to the use and conservation of electricity and other forms of energy, to other persons and bodies.\n> \n> > (3) An energy distributor:\n> > \n> > > (a) may also provide facilities or services that are ancillary or incidental to its principal functions, and\n> > \n> > > (b) may also conduct any business (whether or not related to its principal functions) that it considers will further its objectives.\n> \n> > (3A) An energy distributor may acquire, hold, sell or otherwise deal with or trade in carbon sequestration rights within the meaning of section 87A of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).\n> \n> > (4) In seeking to obtain electricity and other forms of energy, an energy distributor should consider:\n> > \n> > > (a) all sources of energy, with particular regard to energy that has been produced from renewable energy reserves, and\n> > \n> > > (b) the likely impact on the environment of the means by which energy from each such source is produced.\n> \n> > (5) An energy distributor should encourage users of electricity and other forms of energy:\n> > \n> > > (a) to use energy safely, efficiently and in a manner that minimises the adverse effects on the environment of their activities in their use of energy, and\n> > \n> > > (b) in particular, to observe safe procedures in the operation of electrical installations and electrical articles.\n> \n> > (6) An energy distributor should promote public awareness of the dangers that can arise from damaging or coming into contact with works used in connection with the distribution of electricity and other forms of energy.\n> \n> > (7) This section does not limit the functions of an energy distributor apart from this section, but is subject to the provisions of this Act, the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) and any other Act or law.\n> \n> **s 9:** Am 1998 No 124, Sch 3 \\[2\\].","sortOrder":15},{"sectionNumber":"9A","sectionType":"section","heading":"Joint board of energy distributors","content":"#### 9A Joint board of energy distributors\n\n9A Joint board of energy distributors\n\n> > (1) Each of the energy distributors is to have the same board of directors and for that purpose there is to be a single board (referred to in this Act as the joint board of the energy distributors) that is to constitute the board of directors of each of the energy distributors.\n> \n> > (2) The joint board is to act in the best interests of energy distributors as a combined operation (as if their individual businesses were being operated as parts of a single enterprise) even if acting in that way is not in the best interests of one or more individual energy distributors.\n> \n> > (3) A reference in this Act, the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) or the constitution of an energy distributor to the voting shareholders is, in connection with the joint board of the energy distributors, a reference to the voting shareholders of all the energy distributors.\n> \n> **s 9A:** Ins 2013 No 33, Sch 1 \\[1\\].","sortOrder":16},{"sectionNumber":"9B","sectionType":"section","heading":"Directions affecting commercial interests of energy distributors","content":"#### 9B Directions affecting commercial interests of energy distributors\n\n9B Directions affecting commercial interests of energy distributors\n\n> > (1) An energy distributor is not entitled to be reimbursed under section 20N of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) in connection with compliance with a direction under that section that is not in the commercial interests of the energy distributor if the direction is in the combined commercial interests of energy distributors.\n> \n> > (2) If the direction is not in the combined commercial interests of energy distributors, any amount that the energy distributor is entitled to be reimbursed in connection with compliance with the direction is to be reduced by the amount of the net benefit accruing to any other energy distributor as a result of compliance with the direction.\n> \n> > (3) A direction is considered to be in the combined commercial interests of energy distributors if the joint board of the energy distributors considers that compliance with the direction would be in the commercial interests of a single enterprise that comprised the individual businesses of the energy distributors being operated as part of that single enterprise.\n> \n> **s 9B:** Ins 2013 No 33, Sch 1 \\[1\\].","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":18},{"sectionNumber":"10","sectionType":"section","heading":"Constitution and procedure of energy services corporations","content":"#### 10 Constitution and procedure of energy services corporations\n\n10 Constitution and procedure of energy services corporations\n\n> > (1) Schedule 2 has effect with respect to the constitution and procedure of an energy services corporation.\n> \n> > (2) The provisions of Schedule 2 are in addition to and (except to the extent to which that Schedule provides) do not derogate from the provisions of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134).","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Prohibition on privatisation of energy services corporations","content":"#### 11 Prohibition on privatisation of energy services corporations\n\n11 Prohibition on privatisation of energy services corporations\n\n> > (1) Shares in an energy services corporation may not be sold or otherwise disposed of except to eligible Ministers.\n> \n> > (2) The following Ministers may not be nominated as eligible Ministers for an energy services corporation:\n> > \n> > > (a) the Minister administering the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094),\n> > \n> > > (b) the Minister administering the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),\n> > \n> > > (c) the Minister administering the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060).","sortOrder":20},{"sectionNumber":"12","sectionType":"section","heading":"Variation of names of energy services corporations","content":"#### 12 Variation of names of energy services corporations\n\n12 Variation of names of energy services corporations\n\n> The Governor may, by regulation, amend Part 1, 1A or 2 of Schedule 1 so as to vary the name of an energy services corporation.\n> \n> **s 12:** Am 1998 No 68, Sch 1 \\[5\\].","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Creation of additional energy services corporations","content":"#### 13 Creation of additional energy services corporations\n\n13 Creation of additional energy services corporations\n\n> > (1) The Governor may, by regulation, amend Part 1, 1A or 2 of Schedule 1 so as to add the corporate names of one or more additional corporations to be constituted by this Act.\n> \n> > (2) A regulation under this section takes effect on the day following the last day on which it is capable of being disallowed under section 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) (as modified by subsection (3)) or on such later day as may be specified in the regulation.\n> \n> > (3) Despite section 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), a resolution by a House of Parliament to disallow a regulation under this section does not have effect unless the resolution is passed within 15 sitting days of the House after written notice of the making of the regulation is laid before that House under section 40 of that Act.\n> \n> > (4) On the day on which a regulation under this section takes effect:\n> > \n> > > (a) corporations are constituted by this Act under each of the corporate names given to them by the regulation, and\n> > \n> > > (b) the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) is amended by inserting in Schedule 5, in alphabetical order, each of the corporate names given to the corporations by the regulation.\n> \n> **s 13:** Am 1998 No 68, Sch 1 \\[6\\].","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Dissolution of existing energy services corporations","content":"#### 14 Dissolution of existing energy services corporations\n\n14 Dissolution of existing energy services corporations\n\n> > (1) The Governor may, by regulation, amend Part 1, 1A or 2 of Schedule 1 by omitting the corporate names of one or more energy services corporations to be dissolved by this Act.\n> \n> > (2) A regulation under this section takes effect on the day following the last day on which it is capable of being disallowed under section 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) (as modified by subsection (3)) or on such later day as may be specified in the regulation.\n> \n> > (3) Despite section 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), a resolution by a House of Parliament to disallow a regulation under this section does not have effect unless the resolution is passed within 15 sitting days of the House after written notice of the making of the regulation is laid before that House under section 40 of that Act.\n> \n> > (4) On the day on which a regulation under this section takes effect:\n> > \n> > > (a) the energy services corporations whose corporate names are omitted by the regulation are dissolved, and\n> > \n> > > (b) the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) is amended by omitting those names from Schedule 5.\n> \n> > (5) The regulations may contain provisions of a savings or transitional nature consequent on the dissolution of an energy services corporation under this section.\n> \n> > (6) Any such provision may, if the regulations so provide, take effect from the day on which the energy services corporation is dissolved or a later day.\n> \n> > (7) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.\n> \n> **s 14:** Am 1998 No 68, Sch 1 \\[7\\].","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Transfer of staff, assets, rights and liabilities of dissolved energy services corporations","content":"#### 15 Transfer of staff, assets, rights and liabilities of dissolved energy services corporations\n\n15 Transfer of staff, assets, rights and liabilities of dissolved energy services corporations\n\n> > (1) The Minister may direct, by order in writing, that any specified staff, assets, rights or liabilities of an energy services corporation that has been dissolved by this Act be transferred to such other energy services corporation, or to such other person or body acting on behalf of the Crown, as is specified in the order.\n> \n> > (2) Such an order may be made on such terms and conditions as are specified in the order.\n> \n> > (3) Schedule 3 applies to the transfer of staff, assets, rights or liabilities under this section.","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Service of documents on energy services corporations","content":"#### 16 Service of documents on energy services corporations\n\n16 Service of documents on energy services corporations\n\n> > (1) A document may be served on an energy services corporation by leaving it at, or by sending it by post to:\n> > \n> > > (a) the office of the energy services corporation, or\n> > \n> > > (b) if it has more than one office, any one of its offices.\n> \n> > (2) Nothing in this section affects the operation of any other Act or law, or of any rules of court, that authorise a document to be served on an energy services corporation in any other manner.","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Regulations","content":"#### 17 Regulations\n\n17 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Repeals","content":"#### 18 Repeals\n\n18 Repeals\n\n> The following Regulations are repealed:\n> \n> > (a) [Electricity (Accounts) Regulation 1994](/view/pdf/asmade/sl-1994-413),\n> \n> > (b) [Electricity Distributors (Contract Tendering) Regulation 1994](/view/pdf/asmade/sl-1994-353),\n> \n> > (c) [Electricity (Dismissal of Boards) Regulation 1995](/view/pdf/asmade/sl-1995-230),\n> \n> > (d) [Electricity (Senior Staff Positions) Regulation 1995](/view/pdf/asmade/sl-1995-652),\n> \n> > (e) [Electricity (Amalgamation of Electricity Distributors) Regulation 1995](/view/pdf/asmade/sl-1995-586).","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":null,"content":"#### 19\n\n19 (Repealed)","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 20 Savings, transitional and other provisions\n\n20 Savings, transitional and other provisions\n\n> Schedule 5 has effect.","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Review of Act","content":"#### 21 Review of Act\n\n21 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":31},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Energy services corporations","content":"# Schedule 1 Energy services corporations\n\nSchedule 1 Energy services corporations\n\n(Sections 4, 7, 12, 13, 14)\n\n**sch 1:** Am GG No 26 of 1.3.1996, p 833; GG No 63 of 24.5.1996, p 2634; GG No 89 of 26.7.1996, p 4362; GG No 91 of 2.8.1996, p 4456; 1998 No 68, Sch 1 \\[8\\]; GG No 59 of 19.5.2000, p 4110; 2000 No 102, Sch 2 \\[1\\]; GG No 89 of 25.5.2001, pp 2878, 2880; 2005 (129), cl 4; 2011 (105), cl 3 (1)–(3); 2015 (83), cl 3; 2015 No 5, Sch 8.11; 2016 (691), cl 3; 2017 No 22, Sch 1.6 \\[1\\] \\[2\\]; 2017 No 63, Sch 1.8.","sortOrder":32},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Energy transmission operators","content":"# Part 1A Energy transmission operators\n\nPart 1A Energy transmission operators","sortOrder":34},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Supplementary provisions concerning constitution and procedure","content":"# Schedule 2 Supplementary provisions concerning constitution and procedure\n\nSchedule 2 Supplementary provisions concerning constitution and procedure\n\n(Section 10)\n\n**sch 2:** Am 1996 No 30, Sch 1.17 \\[1\\]–\\[3\\]; 2000 No 102, Sch 2 \\[2\\]; 2002 No 53, Sch 1.6; 2005 No 64, Sch 2.12 \\[1\\] \\[2\\]; 2013 No 33, Sch 1 \\[2\\]–\\[4\\]; 2013 No 36, Sch 2.1 \\[1\\]–\\[5\\]; 2015 No 15, Sch 3.24.","sortOrder":36},{"sectionNumber":"3A","sectionType":"section","heading":"Ministerial directions in the public interest","content":"#### 3A Ministerial directions in the public interest\n\n3A Ministerial directions in the public interest\n\n> > (1) This clause applies to Australian Inland Energy Water Infrastructure in relation only to the exercise of its functions under the [Water Supply Authorities Act 1987](/view/pdf/asmade/act-1987-140).\n> \n> > (2) A direction may be given to Australian Inland Energy Water Infrastructure under section 20P of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) without compliance with subsection (3) of that section if the portfolio Minister decides that this action is warranted on grounds involving urgency, public health or public safety.\n> \n> > (3) The notice referred to in section 20P of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) is to include a statement of the reasons for that decision.\n> \n> > (4) The portfolio Minister is to publish in the Gazette (and is to make available on the Internet) any direction under section 20P of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134), and any notification under section 20O of that Act, given to the board of Australian Inland Energy Water Infrastructure as soon as practicable after it is given.","sortOrder":40},{"sectionNumber":"Schedule 2A","sectionType":"schedule","heading":"Transferred provisions—dissolution of energy services corporations","content":"# Schedule 2A Transferred provisions—dissolution of energy services corporations\n\nSchedule 2A Transferred provisions—dissolution of energy services corporations\n\n**sch 2A:** Ins 2015 No 15, Sch 5.2 \\[1\\]. Am 2015 No 15, Sch 5.2 \\[2\\]–\\[10\\]; 2016 No 60, Sch 4.2 \\[1\\]–\\[9\\].","sortOrder":43},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Transfer of staff, assets, rights and liabilities","content":"# Schedule 3 Transfer of staff, assets, rights and liabilities\n\nSchedule 3 Transfer of staff, assets, rights and liabilities\n\n(Section 15, clauses 7, 12, 13A, 13D, 13F, 16 and 22 of Schedule 5)\n\n**sch 3:** Am 1998 No 68, Sch 1 \\[9\\]; 2003 No 17, Sch 3.5 \\[1\\]; 2003 No 82, Sch 2.10; 2014 No 88, Sch 1.9 \\[1\\] \\[2\\].","sortOrder":46},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4 (Repealed)\n\n**sch 4:** Am 1996 No 30, Sch 1.17 \\[4\\] \\[5\\]; 1997 No 55, Sch 5; 1998 No 68, Sch 1 \\[10\\]. Rep 1999 No 85, Sch 4.","sortOrder":55},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 5 Savings, transitional and other provisions\n\nSchedule 5 Savings, transitional and other provisions\n\n(Section 20)\n\n**sch 5:** Am 1996 No 121, Sch 1.4; 1998 No 68, Sch 1 \\[11\\]–\\[13\\]; 2000 No 88, Sch 1 \\[6\\] \\[7\\]; 2003 No 17, Sch 3.5 \\[2\\] \\[3\\]; 2004 No 55, Sch 3; 2013 No 33, Sch 1 \\[5\\] \\[6\\]; 2014 No 88, Sch 1.9 \\[3\\].","sortOrder":56},{"sectionNumber":"Division 1","sectionType":"division","heading":null,"content":"## Division 1\n\nDivision 1\n\n2–5 (Repealed)","sortOrder":60},{"sectionNumber":"Division 2","sectionType":"division","heading":"Provisions relating to former distributors","content":"## Division 2 Provisions relating to former distributors\n\nDivision 2 Provisions relating to former distributors","sortOrder":61},{"sectionNumber":"Division 2A","sectionType":"division","heading":"Provisions consequent on enactment of the Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998","content":"## Division 2A Provisions consequent on enactment of the Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998\n\nDivision 2A Provisions consequent on enactment of the [Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998](/view/pdf/asmade/act-1998-68)","sortOrder":69},{"sectionNumber":"13A","sectionType":"section","heading":"Transfer of assets, rights and liabilities of former Authority","content":"#### 13A Transfer of assets, rights and liabilities of former Authority\n\n13A Transfer of assets, rights and liabilities of former Authority\n\n> > (1) The Minister may direct, by order in writing:\n> > \n> > > (a) that all assets, rights and liabilities of the former Authority, or\n> > \n> > > (b) that any specified assets, rights and liabilities of the former Authority, or\n> > \n> > > (c) that all assets, rights and liabilities of the former Authority other than those specified,\n> > \n> > be transferred to TransGrid.\n> \n> > (2) The Minister may also direct, by order in writing, that any specified assets, rights and liabilities of the former Authority be transferred to any other person or body acting on behalf of the Crown as is specified in the order.\n> \n> > (3) An order under this clause may be made on such terms and conditions as are specified in the order.\n> \n> > (4) Schedule 3 applies to a transfer of assets, rights and liabilities under this clause.\n> \n> > (5) Section 20C of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) does not apply to the assets, rights or liabilities of the former Authority.","sortOrder":71},{"sectionNumber":"13B","sectionType":"section","heading":"Part-time directors and Chairperson of Board of former Authority","content":"#### 13B Part-time directors and Chairperson of Board of former Authority\n\n13B Part-time directors and Chairperson of Board of former Authority\n\n> > (1) The part-time directors of the Board of the former Authority become, on the dissolution of the former Authority, directors of the Board of TransGrid.\n> \n> > (2) Those directors are taken to have been appointed to the Board of TransGrid for a term of one year from that dissolution.\n> \n> > (3) The part-time director referred to in section 16 (2) (c) of the former Act is taken to have been appointed as the director referred to in clause 1 (2) (b) of Schedule 2 to this Act.\n> \n> > (4) The part-time director who was, on the dissolution of the former Authority, the Chairperson of the Board of the former Authority is taken to have been appointed as the chairperson of the Board of TransGrid.","sortOrder":72},{"sectionNumber":"13C","sectionType":"section","heading":"Chief Executive of former Authority","content":"#### 13C Chief Executive of former Authority\n\n13C Chief Executive of former Authority\n\n> > (1) The Chief Executive of the former Authority (if any) becomes, on the dissolution of the former Authority, the chief executive officer of TransGrid for the residue of his or her term of office as, and subject to the same conditions (including conditions as to remuneration) as those of his or her appointment as, Chief Executive of the former Authority.\n> \n> > (2) The other provisions of clause 2 of Schedule 2 apply to a chief executive officer taken to be appointed in accordance with this clause.","sortOrder":73},{"sectionNumber":"13D","sectionType":"section","heading":"Transfer of staff","content":"#### 13D Transfer of staff\n\n13D Transfer of staff\n\n> > (1) All former staff are transferred to TransGrid on the dissolution of the former Authority.\n> \n> > (2) Schedule 3 applies to a transfer of staff under this clause.","sortOrder":74},{"sectionNumber":"13E","sectionType":"section","heading":"Special provision relating to former public sector executive officers","content":"#### 13E Special provision relating to former public sector executive officers\n\n13E Special provision relating to former public sector executive officers\n\n> > (1) This clause applies to a person to whom clause 13C or 13D applies who held an executive position under Part 2A of the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033) immediately before the dissolution of the former Authority.\n> \n> > (2) Any such person is not entitled to exercise a right of return to the public sector under section 42R, or to seek compensation under section 42S, of the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033):\n> > \n> > > (a) on ceasing to hold the executive position on the dissolution of the former Authority, or\n> > \n> > > (b) on ceasing to be employed by TransGrid.\n> \n> > (3) This clause applies despite anything to the contrary in this Act.","sortOrder":75},{"sectionNumber":"13F","sectionType":"section","heading":"Dissolution of Electricity Transmission Authority","content":"#### 13F Dissolution of Electricity Transmission Authority\n\n13F Dissolution of Electricity Transmission Authority\n\n> > (1) The former Authority is dissolved.\n> \n> > (2) The assets, rights and liabilities (if any) of the former Authority immediately before its dissolution are by this clause transferred to the Ministerial Holding Corporation established under section 37B of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134), if any such assets, rights or liabilities remain after the operation of any order under clause 13A that takes effect on or before its dissolution.\n> \n> > (3) On and from the dissolution of the former Authority, TransGrid is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, the former Authority.","sortOrder":76},{"sectionNumber":"13G","sectionType":"section","heading":"Variation of timetable for first statement of corporate intent","content":"#### 13G Variation of timetable for first statement of corporate intent\n\n13G Variation of timetable for first statement of corporate intent\n\n> > (1) A period within which any matter is required to be done under section 21 of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) in connection with the first statement of corporate intent of TransGrid may be extended by the voting shareholders of TransGrid.\n> \n> > (2) The voting shareholders of TransGrid may also dispense with the need for the first statement of corporate intent to cover a specified period after the commencement of this clause or may direct that any such period be added to the period covered by the first statement of corporate intent.","sortOrder":77},{"sectionNumber":"13H","sectionType":"section","heading":"Special provisions applying if this Act commences before commencement of national market in electricity","content":"#### 13H Special provisions applying if this Act commences before commencement of national market in electricity\n\n13H Special provisions applying if this Act commences before commencement of national market in electricity\n\n> > (1) This clause applies if the former Act is repealed before the commencement of the [National Electricity (NSW) Law](/view/html/inforce/current/act-1997-20a) and applies until such time as that Law commences.\n> \n> > (2) In this clause, a reference to the alternative Market and System Operator is a reference to the eligible person appointed (instead of TransGrid) as the Market and System Operator for the purposes of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094) under section 77 (2) of that Act.\n> \n> > (3) The Minister may, by order, transfer to the alternative Market and System Operator specified employees of TransGrid. The transferred employees remain employees of TransGrid and are merely seconded to the alternative Market and System Operator.\n> \n> > (4) The Minister may, after consultation with the Treasurer, give the Board of TransGrid a written direction with respect to the provision of facilities, services or information by TransGrid to the alternative Market and System Operator to enable the exercise of that Operator’s functions under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094). The Board must ensure that any such direction is carried out.\n> \n> > (5) Sections 9 (1A), 11 and 38 (1) of the former Act continue to have effect, as if references to the former Authority were references to:\n> > \n> > > (a) TransGrid, and\n> > \n> > > (b) the alternative Market and System Operator.\n> \n> > (6) Section 98U (1) (o) of the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047) and paragraph (a) (viic) of the definition of excluded debit in section 3 (1) of the [Debits Tax Act 1990](/view/html/repealed/current/act-1990-112) have effect as if a reference in those provisions to the former Authority were a reference to:\n> > \n> > > (a) TransGrid, and\n> > \n> > > (b) the alternative Market and System Operator.","sortOrder":78},{"sectionNumber":"Division 3","sectionType":"division","heading":"General","content":"## Division 3 General\n\nDivision 3 General","sortOrder":79},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions consequent on repeal of Pacific Power (Dissolution) Act 2003 by Statute Law (Miscellaneous Provisions) Act (No 2) 2014","content":"# Part 5 Provisions consequent on repeal of Pacific Power (Dissolution) Act 2003 by Statute Law (Miscellaneous Provisions) Act (No 2) 2014\n\nPart 5 Provisions consequent on repeal of [Pacific Power (Dissolution) Act 2003](/view/html/repealed/current/act-2003-017) by [Statute Law (Miscellaneous Provisions) Act (No 2) 2014](/view/html/repealed/current/act-2014-088)","sortOrder":89},{"sectionNumber":"22","sectionType":"section","heading":"Dissolution of Residual Business Management Corporation","content":"#### 22 Dissolution of Residual Business Management Corporation\n\n22 Dissolution of Residual Business Management Corporation\n\n> > (1) The former authority is dissolved.\n> \n> > (2) The assets, rights and liabilities of the former authority immediately before its dissolution are transferred to the Crown by this clause.\n> \n> > (3) Despite clause 4 of Schedule 3, the transfer of assets, rights and liabilities under this clause takes effect on 8 January 2015.\n> \n> > (4) The SAS Trustee Corporation may, at the request of the Treasurer, debit all or part of the funds from an employer reserve of the former authority in an account established under section 81 of the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039) and credit that amount to an employer reserve of the Crown established under that section.","sortOrder":91}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1995 scope. Originally focused on establishing electricity generators and distributors, it was amended in 1998 to add energy transmission operators (Part 2A), in 2000 to add telecommunications functions for transmission operators, and in 2013 to create a joint board structure for distributors. The Schedules now contain extensive transitional provisions for dissolved entities (Australian Inland Energy Water Infrastructure, Great Southern Energy, Advance Energy, Electricity Transmission Authority, Pacific Power) that have been absorbed into the current structure. The Act has effectively become a holding statute for successive industry restructures rather than a simple establishment Act."},"complexity_factors":["Extensive cross-referencing to the State Owned Corporations Act 1989, which governs how these corporations operate – the Act repeatedly states that certain sections of that Act do or don't apply","Multiple amendments over time (1998, 2000, 2013, 2014, 2015) that have inserted new Parts and sections, creating a patchwork structure","Complex transitional provisions in Schedule 5 dealing with the dissolution of predecessor bodies (former electricity distributors, the Electricity Transmission Authority, Pacific Power) and transfer of their assets and staff","Nested conditional logic in sections 9B and 6C regarding when corporations must comply with directions and how telecommunications functions interact with existing easements","Special governance arrangements including the 'joint board' concept for energy distributors (sections 9A-9B) with complex rules about whose interests the board must prioritise","Multiple defined terms in section 3, with some definitions referring to Schedule 1 lists that can be amended by regulation","Transferred provisions in Schedule 2A that re-enact repealed regulations with modifications, creating historical layering","Interaction with multiple other Acts: Electricity Supply Act 1995, State Owned Corporations Act 1989, Interpretation Act 1987, and various environmental and planning laws"],"plain_english_summary":"**What this law does:**\n\nThis Act creates and governs **State-owned corporations** that handle electricity in New South Wales. It sets up three types of government-owned energy businesses:\n\n*   **Electricity generators** – companies that produce electricity\n*   **Energy transmission operators** – companies that run the high-voltage power lines that carry electricity across long distances\n*   **Energy distributors** – companies that deliver electricity to homes and businesses\n\n**Who it affects:**\n\n*   The government-owned corporations themselves (like Essential Energy, Ausgrid, and formerly TransGrid)\n*   Their boards of directors and chief executives\n*   The NSW Government Ministers who oversee them\n*   The staff who work for these corporations\n*   Anyone who buys electricity in NSW (indirectly, through how these corporations operate)\n\n**Key things the law covers:**\n\n*   **Setting up the corporations** – It creates these companies as legal entities and lists their names in a Schedule (essentially an appendix) to the Act\n*   **What they're supposed to achieve** – Each type of corporation has specific goals, including running efficient businesses, protecting the environment, supporting regional development, and maintaining reliable electricity supply. These objectives are all equally important\n*   **What they can do** – The law spells out their powers, including generating, transmitting and distributing electricity, trading in carbon credits, and (for transmission operators) running telecommunications services over their power lines\n*   **Governance** – It sets rules for boards of directors and chief executives, including a special \"joint board\" arrangement where all energy distributors share the same board\n*   **Anti-privatisation protection** – It explicitly bans selling these corporations to private owners (shares can only be held by government Ministers)\n*   **Corporate restructuring** – It provides mechanisms to create new corporations, dissolve existing ones, and transfer staff, assets and liabilities between them\n\n**Why it matters:**\n\nThis Act is the legal foundation for how NSW's government-owned electricity industry is structured and run. It ensures these essential services remain in public hands while requiring them to operate commercially and efficiently. The law has been amended over time to allow industry restructuring – most notably creating a single joint board for all distributors in 2013 to improve efficiency, and incorporating former entities like the Electricity Transmission Authority (TransGrid) and various regional distributors into the current framework."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act was originally designed to govern a suite of NSW government-owned electricity and gas corporations in a pre-privatisation environment. Over more than two decades of amendments, its scope has substantially narrowed as many of those corporations were privatised or restructured. What began as a broad framework for managing government energy monopolies has evolved into a more residual instrument, reflecting the significant restructuring of the NSW energy sector and the shift toward private ownership and national market regulation."},"complexity_factors":["Long legislative history with over 20 amendments since 1995, requiring readers to track changes across versions","Intersection with corporate law, energy regulation, and public sector governance — three distinct legal domains","Dual ministerial responsibility (Minister for Energy and Minister for Climate Change) creating potential ambiguity about oversight","Operates within a broader national energy market regulatory framework, meaning this Act cannot be read in isolation","Government-owned corporation structures blend private company law concepts with public accountability requirements, which is inherently complex","The Act's practical relevance has shifted significantly due to energy privatisation, making it harder to assess its real-world current effect without deep sector knowledge","Only metadata and status information is provided — the actual operative provisions of the Act are not included, limiting full assessment"],"plain_english_summary":"## Energy Services Corporations Act 1995 (NSW)\n\n**What is this law?**\n\nThis is a NSW law that sets up the legal framework for **government-owned energy corporations** — the kinds of organisations that were historically responsible for generating, transmitting, and distributing electricity and gas across New South Wales.\n\n**Who does it affect?**\n\n- **NSW residents and businesses** who use electricity or gas — because the corporations governed by this Act are (or were) responsible for getting energy to your home or workplace\n- **Employees** of those energy corporations\n- **The NSW Government**, which owns and oversees these corporations\n- **Investors and lenders** who deal with these entities\n\n**What does it actually do?**\n\nThe Act creates a corporate structure for government-run energy businesses, similar to how a private company is set up but with government ownership and accountability. Key things it covers include:\n\n- Establishing energy services corporations as legal bodies that can own assets, enter contracts, and be sued\n- Setting out how the corporations are governed (boards, directors, ministerial oversight)\n- Requiring the corporations to operate on **commercial principles** (i.e., like a real business, not just a government department)\n- Setting rules around dividends (profits paid back to the government), borrowing money, and financial reporting\n- Giving the Minister for Energy powers to direct and oversee the corporations\n\n**Why does this matter to you?**\n\nIf you use energy in NSW, this law has shaped how your electricity or gas network has been owned, managed, and funded by the government. Many of these corporations have since been privatised (sold off), so the practical day-to-day impact of this Act has diminished over time — but it remains the legal backbone for any remaining government energy entities.\n\n**Note:** This Act has been amended many times since 1995 (over 20 versions), reflecting the major changes to NSW's energy sector over that period, including privatisation moves and national energy market reforms."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as presented incorporates material added after its original enactment. Notable scope extensions in the text include: the insertion of a dedicated Part for energy transmission operators (ss 6A–6C, Part 2A) permitting telecommunications functions for transmission operators (s 6C(2A)–(2D)); provision for a single joint board of energy distributors and related reimbursement rules (ss 9A–9B, inserted 2013); expanded regulatory powers to add, rename or dissolve corporations with modified parliamentary disallowance procedures (ss 12–14); and transferred/dissolution and validation provisions addressing specific restructures (Schedules 2A and parts of Schedule 5). These insertions and amendments broaden the Act’s operational scope beyond a narrower original framework that established generators and distributors and set their basic objectives and functions (see ss 4–9 and Schedule 1)."},"complexity_factors":["Extensive cross‑references to the State Owned Corporations Act 1989 and other statutes (multiple sections and schedules rely on or exempt provisions of that Act).","Multiple schedules and transitional provisions (Schedules 2, 3, 5 and 2A) containing detailed vesting, transfer and staff protections.","Significant executive discretion: Ministerial orders can transfer staff/assets/liabilities and the Governor can add/remove corporations by regulation with a modified parliamentary disallowance timetable (ss 13–15, Schedule 3).","Sector‑specific functional authorisations (e.g. telecommunications powers for transmission operators s 6C(2A)–(2D)) layered on top of core energy functions.","Exceptions and carve‑outs from general corporate governance rules (Schedule 2 exemptions and specific non‑application clauses such as ss 5(3), 6B(4), 8(3)).","Centralised governance mechanism for distributors (joint board in s 9A) that changes decision‑making incentives and reimbursement treatment (s 9B).","Automatic vesting and contract‑continuity clauses for transfers (Schedule 3 cl 3) that alter ordinary property and contractual consequences.","Multiple amendment dates and inserted parts (e.g. Part 2A inserted 1998, s 9A inserted 2013) increasing the statutory layering to be interpreted together."],"plain_english_summary":"What this law does, in plain terms\n\n- Creates and defines a group of State‑owned energy businesses. The Act constitutively establishes corporations listed in Schedule 1 as electricity generators, energy transmission operators and energy distributors (see s 4, s 6A and Schedule 1). It also amends the State Owned Corporations Act 1989 by inserting those corporate names into that Act’s Schedule 5 (s 4, s 6A, ss 13–14).\n\n- Sets out the objectives and core functions those corporations must pursue. Each type of entity has a short list of principal objectives (generally: operate as a successful business, be efficient, increase the State’s net worth, have regard to the community and environment, and run safe, reliable infrastructure) and defined principal functions such as building and running generation, transmission or distribution facilities and supplying energy (see ss 5–6, 6B–6C, 8–9).\n\n- Provides company governance and senior‑officer arrangements. The Act applies Schedule 2 to govern boards, appointment and removal of chief executives, and related procedural matters. It requires boards for each corporation, specifies the composition of those boards (including the CEO), and sets out appointment/removal, remuneration and delegation rules (Schedule 2, cl 1–3).\n\n- Centralises some distributor governance. For energy distributors the Act permits (and now provides for) a single joint board to be the board of each distributor and directs that this joint board should act in the combined commercial interests of the distributors (s 9A). It also contains a related rule limiting when distributors can claim reimbursement for compliance with Ministerial directions when those directions are in the combined commercial interests (s 9B).\n\n- Authorises commercial flexibility and ancillary businesses. Generators, transmission operators and distributors are explicitly permitted to provide ancillary services or carry on other businesses they consider will further their objectives (ss 6(3)(b), 6C(3)(b), 9(3)(b)). Transmission operators are expressly authorised to use transmission facilities for telecommunications purposes and to install, remove and operate telecommunications equipment attached to their infrastructure (s 6C(2A)–(2D)). Generators and distributors may deal in carbon sequestration rights (ss 6(3A), 9(3A)).\n\n- Controls ownership and privatisation. Shares in an energy services corporation cannot be sold except to “eligible Ministers” (s 11). The Act also specifies Ministers who may not be nominated as eligible Ministers (s 11(2)). The Governor may alter Schedule 1 to add, rename or remove corporations by regulation; the Act includes modified parliamentary disallowance timing for such regulations (ss 12–14).\n\n- Provides ministerial powers to transfer staff, assets, rights and liabilities and to dissolve corporations. The Minister may order transfers of specified staff, assets, rights or liabilities from a dissolved corporation to another public body or corporation on terms the Minister specifies; Schedule 3 governs those transfers and sets out vesting, treatment of contracts, staff protections and stamp duty exemption (s 15, Schedule 3). Regulations under ss 13 and 14 take effect subject to a particular disallowance timetable (ss 13(2)–(3), 14(2)–(3)).\n\n- Limits certain general State Owned Corporations Act provisions and creates sector‑specific exceptions. Various provisions of the State Owned Corporations Act 1989 do not apply to these energy corporations (for example ss 5(3), 6B(4), 8(3), and multiple exceptions in Schedule 2), and Schedule 2 supplements constitution and procedure for energy services corporations (s 10, Schedule 2).\n\n- Supplies transitional, savings and repeal provisions. The Act contains transitional and repeal provisions and a schedule of savings and transitional matters to manage the change from older arrangements (s 18, s 20 and Schedule 5). It also includes specific transferred provisions and validation clauses related to earlier restructures (Schedules 2A, parts of Schedule 5).\n\nWhy it matters and who it affects (mechanics, incentives and who pays)\n\n- Who decides: voting shareholders (effectively Ministers), the Governor (by regulation) and the Minister named in the Act have formal powers to create, rename or dissolve corporations, direct transfers of assets/staff/liabilities and give directions subject to the State Owned Corporations Act framework and some statutory exceptions (ss 4, 6A, 12–15, Schedule 3, Schedule 2, cl 3A).\n\n- Who pays or bears costs: the corporations themselves operate under commercial objectives (to maximise net worth and be successful businesses) and pay dividends determined under their dividends scheme (Schedule 2 cl 4). The Act limits when a distributor can be reimbursed for complying with Ministerial directions (s 9B). Transfers of assets/rights/liabilities effected by Ministerial order vest in the transferee without the need for further conveyance and generally no compensation is payable unless the order provides for it (Schedule 3 cl 3, cl 6). Stamp duty is expressly excluded on such transfers (Schedule 3 cl 6).\n\n- Incentives created: the principal objectives prioritise commercial performance, efficiency and maximising State net worth equally with social and environmental considerations (ss 5(1)(a)–(f), 6B(1), 8(1)). Entities may expand into ancillary businesses (including telecommunications for transmission operators) and trade in carbon sequestration rights, which creates scope for new commercial activities beyond core energy delivery (ss 6(3)(b), 6C(2A)–(2D), 6(3A), 9(3A)). The joint board requirement for distributors (s 9A) creates an institutional incentive for centralised decision‑making across distributors, since the board must act for combined commercial interests even if that conflicts with some individual distributors’ immediate interests (s 9A(2)).\n\n- Compliance burden and discretion: corporations remain subject to the State Owned Corporations Act but the Act carves out specific exemptions and adds bespoke governance rules (s 10; Schedule 2). The Minister’s power to make transfer orders and the Governor’s power to alter Schedule 1 by regulation are significant discretionary levers (ss 12–15, Schedule 3). The Act modifies the standard parliamentary disallowance window for regulations adding or removing corporations (ss 13(2)–(3), 14(2)–(3)), which changes the timing of parliamentary oversight for those changes.\n\nTrade‑offs, implementation risks and practical effects to look for (mechanical, not normative)\n\n- Concentrated decision power: the Minister and Governor have explicit statutory powers to transfer assets, amend the list of corporations, and dissolve or create corporations (ss 12–15, Schedule 3). Those powers can change ownership and operational arrangements by order or regulation, and transfers vest automatically (Schedule 3 cl 3), which reduces transactional steps but concentrates executive discretion.\n\n- Impact on private competitors and markets: the statutory permission for these State‑owned corporations to enter ancillary businesses and to participate in wholesale and retail markets (ss 6(3)(b), 6C(3)(b), 9(3)(b), s 5(1)(f), s 8(1)(f)) means they can operate commercially in domains where private firms also operate. The joint board arrangement for distributors centralises governance across multiple distributors and requires decisions to be taken in combined commercial interests (s 9A), which changes how those entities compete or coordinate with non‑State businesses.\n\n- Contractual and property effects of transfers: transfers under ministerial order vest assets, rights and liabilities in the transferee without the need for further conveyancing (Schedule 3 cl 3). The Schedule states such vesting is not a breach of contract and does not give rise to remedies for change of ownership (Schedule 3 cl 3(2)–(3)). That mechanism simplifies transfers but changes how counterparties experience a change of legal owner.\n\n- Financial exposure and reimbursement rules: the Act limits reimbursement in particular circumstances for distributors when directions are in the combined commercial interests (s 9B). Corporations declare dividends under a shareholders‑determined scheme and some State Owned Corporations Act provisions (including reimbursement rules in s 20N) are modified or excluded (Schedule 2 cl 4; s 9B).\n\n- Implementation complexity and transitional risk: the Act contains multiple transitional and savings provisions, specific validation clauses and transferred provisions (Schedules 2A and 5) to manage restructures; those provisions will govern legal continuity and staff rights during reorganisations (Schedule 3; Schedule 5).\n\nKey source references (examples)\n\n- Constitution and creation of corporations: s 4, s 6A, Schedule 1.\n- Principal objectives/functions: ss 5–6, 6B–6C, 8–9.\n- Joint board and reimbursement rules: ss 9A–9B.\n- Ministerial transfer powers and vesting: s 15 and Schedule 3 (esp. cl 3, cl 5–7).\n- Privatisation prohibition: s 11.\n- Governor’s regulation power to add/remove/rename corporations with modified disallowance: ss 12–14 (see s 13(2)–(3), s 14(2)–(3)).\n- Telecommunications authorisation for transmission operators: s 6C(2A)–(2D).\n- Stamp duty exemption for transfers: Schedule 3 cl 6.\n\nBottom‑line mechanical picture\n\nThis Act is a statutory framework that creates and governs State‑owned electricity generation, transmission and distribution corporations, prescribes their commercial objectives and functions, sets bespoke governance rules (including a joint board for distributors), enables ministerial transfer and vesting of staff/assets/liabilities by order, restricts share disposal to eligible Ministers, and allows corporations to pursue ancillary commercial activities (including telecommunications and carbon rights). The Act modifies the default operation of the general State Owned Corporations Act for these entities in several specified ways and contains a range of transitional and savings provisions to manage restructures and dissolutions (see Schedule 2, Schedule 3, Schedule 5)."}},"importantCases":[],"_links":{"self":"/api/acts/energy-services-corporations-act-1995","history":"/api/acts/energy-services-corporations-act-1995/history","analysis":"/api/acts/energy-services-corporations-act-1995/analysis","conflicts":"/api/acts/energy-services-corporations-act-1995/conflicts","importantCases":"/api/acts/energy-services-corporations-act-1995/important-cases","documents":"/api/acts/energy-services-corporations-act-1995/documents"}}