{"id":"qld:act-1993-084","name":"Gladstone Power Station Agreement Act 1993","slug":"gladstone-power-station-agreement-act-1993","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"84 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104787,"registerId":"qld-act-1993-084-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Gladstone Power Station Agreement Act 1993 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Act—\nCommission has the meaning given by the Electricity Act .\nElectricity Act means the Electricity Act 1994 .\ns 2 def Electricity Act sub 1994 No. 64 s 293 sch 4\nGladstone Power Station has the meaning given in the State agreement.\nGPS licensee has the meaning given in the State agreement.\nLand Act means the Land Act 1962 .\nlicence means the licence issued by the Minister for Energy under the State agreement.\nMinister for Energy means the Minister responsible for the administration of the Electricity Act .\noperator has the meaning given in the State agreement.\nparticipants has the meaning given in the State agreement.\nPower Station Sale Agreement has the meaning given in the State agreement.\nreceiving and delivery arrangement means an arrangement between each of the participants and the Commission under which electricity is—\nreceived by the Commission from each of the participants; and\ndelivered by the Commission to customers of each of the participants.\nsmelter has the meaning given in the State agreement.\nState agreement means the agreement made under section 3 , and the agreement as amended by a further agreement under section 5 or 6 .\nState body has the meaning given in the State agreement.\ntransaction document has the meaning given in the State agreement.\n- (a) received by the Commission from each of the participants; and\n- (b) delivered by the Commission to customers of each of the participants.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"State agreement","content":"# State agreement","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Minister may make agreement substantially in form of agreement","content":"### sec.3 Minister may make agreement substantially in form of agreement\n\nThe Minister is authorised to make, for the State, an agreement substantially in the form of the agreement set out in schedule 1 .\nThe Minister must notify, by gazette notice—\nthe names of the parties to the agreement; and\nthe day of the making of the agreement.\nThe agreement is not effective unless it is made by—\n31 March 1994; or\nif a later day is prescribed by regulation—the later day.\nA regulation made after 31 March 1994 may prescribe a later day.\ns 3 amd 1994 No. 5 s 3 ; 1997 No. 60 s 4\n(sec.3-ssec.1) The Minister is authorised to make, for the State, an agreement substantially in the form of the agreement set out in schedule 1 .\n(sec.3-ssec.2) The Minister must notify, by gazette notice— the names of the parties to the agreement; and the day of the making of the agreement.\n(sec.3-ssec.3) The agreement is not effective unless it is made by— 31 March 1994; or if a later day is prescribed by regulation—the later day.\n(sec.3-ssec.4) A regulation made after 31 March 1994 may prescribe a later day.\n- (a) the names of the parties to the agreement; and\n- (b) the day of the making of the agreement.\n- (a) 31 March 1994; or\n- (b) if a later day is prescribed by regulation—the later day.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"State agreement has force of law","content":"### sec.4 State agreement has force of law\n\nThe State agreement has effect as if it were part of this Act.\nIf the State agreement is inconsistent with an Act, the State agreement prevails over the Act to the extent of the inconsistency.\nNothing in this Act, the State agreement or a transaction document restricts the Parliament in making laws affecting the rights or obligations of any party under the State agreement or a transaction document.\n(sec.4-ssec.1) The State agreement has effect as if it were part of this Act.\n(sec.4-ssec.2) If the State agreement is inconsistent with an Act, the State agreement prevails over the Act to the extent of the inconsistency.\n(sec.4-ssec.3) Nothing in this Act, the State agreement or a transaction document restricts the Parliament in making laws affecting the rights or obligations of any party under the State agreement or a transaction document.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Amendment of State agreement","content":"### sec.5 Amendment of State agreement\n\nThe State agreement may be amended by a further agreement between the Minister and the other parties to the State agreement.\nWithout limiting subsection (1) , the further agreement may add or delete a party to the State agreement.\nThe further agreement is made by the Minister for the State.\nThe Minister may make a further agreement only if the proposed further agreement has been approved by an Act.\nThe Minister must notify the day of the making of the further agreement by gazette notice.\ns 5 amd 1997 No. 50 s 37 sch ; 1997 No. 60 s 5 ; 2011 No. 2 s 56\n(sec.5-ssec.1) The State agreement may be amended by a further agreement between the Minister and the other parties to the State agreement.\n(sec.5-ssec.1A) Without limiting subsection (1) , the further agreement may add or delete a party to the State agreement.\n(sec.5-ssec.2) The further agreement is made by the Minister for the State.\n(sec.5-ssec.3) The Minister may make a further agreement only if the proposed further agreement has been approved by an Act.\n(sec.5-ssec.4) The Minister must notify the day of the making of the further agreement by gazette notice.","sortOrder":6},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Approval of proposed 1997 further agreement","content":"### sec.5A Approval of proposed 1997 further agreement\n\nFor section 5 , approval is given for the Minister to enter into a further agreement for the State.\nThe further agreement is to be in, or substantially in, the form set out in schedule 2 .\ns 5A ins 1997 No. 60 s 6\namd 2011 No. 2 s 57\n(sec.5A-ssec.1) For section 5 , approval is given for the Minister to enter into a further agreement for the State.\n(sec.5A-ssec.2) The further agreement is to be in, or substantially in, the form set out in schedule 2 .","sortOrder":7},{"sectionNumber":"sec.5B","sectionType":"section","heading":"Approval of proposed 2010 further agreement","content":"### sec.5B Approval of proposed 2010 further agreement\n\nFor section 5 , approval is given for the Minister to enter into a further agreement for the State.\nThe further agreement is to be in, or substantially in, the form set out in schedule 3 .\ns 5B ins 2011 No. 2 s 58\n(sec.5B-ssec.1) For section 5 , approval is given for the Minister to enter into a further agreement for the State.\n(sec.5B-ssec.2) The further agreement is to be in, or substantially in, the form set out in schedule 3 .","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Amendment of Second Schedule to State agreement","content":"### sec.6 Amendment of Second Schedule to State agreement\n\nThe Second Schedule to the State agreement may be amended by a further agreement between the chief executive of the department principally administering environmental planning and the other parties to the State agreement.\nThe further agreement is made by the chief executive for the State.\nThe chief executive may make a further agreement only if the proposed further agreement has been approved by an Act or regulation.\nThe chief executive must notify the day of the making of the further agreement by gazette notice.\ns 6 amd 1997 No. 60 s 7\n(sec.6-ssec.1) The Second Schedule to the State agreement may be amended by a further agreement between the chief executive of the department principally administering environmental planning and the other parties to the State agreement.\n(sec.6-ssec.2) The further agreement is made by the chief executive for the State.\n(sec.6-ssec.3) The chief executive may make a further agreement only if the proposed further agreement has been approved by an Act or regulation.\n(sec.6-ssec.4) The chief executive must notify the day of the making of the further agreement by gazette notice.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Enforcement of State agreement","content":"### sec.7 Enforcement of State agreement\n\nThe State agreement may be enforced only by, or for, a party to the State agreement or a successor or permitted assign of a party.\nSubsection (1) —\napplies subject to the Property Law Act 2023 , section 68 ; and\ndoes not apply to the enforcement of a law that applies under, or is amended by, the State agreement.\ns 7 amd 2023 No. 27 s 289 sch 3\n(sec.7-ssec.1) The State agreement may be enforced only by, or for, a party to the State agreement or a successor or permitted assign of a party.\n(sec.7-ssec.2) Subsection (1) — applies subject to the Property Law Act 2023 , section 68 ; and does not apply to the enforcement of a law that applies under, or is amended by, the State agreement.\n- (a) applies subject to the Property Law Act 2023 , section 68 ; and\n- (b) does not apply to the enforcement of a law that applies under, or is amended by, the State agreement.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"State and other agreements","content":"# State and other agreements","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of part","content":"### sec.8 Application of part\n\nThis part applies despite any other Act.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Arrangements for making agreements","content":"### sec.9 Arrangements for making agreements\n\nThe Minister may direct State instrumentalities (including local authorities) and all other entities of the State to make arrangements about the making of the State agreement and associated agreements to facilitate the timely making of the agreements.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Performance of State agreement","content":"### sec.10 Performance of State agreement\n\nThe State, Ministers, State instrumentalities (including local authorities) and all other entities of the State are authorised and required to do all things necessary or convenient to perform and give effect to—\ndirections by the Minister under section 9 ; and\nthe State agreement.\n- (a) directions by the Minister under section 9 ; and\n- (b) the State agreement.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Commission authorised to sell Gladstone Power Station","content":"### sec.11 Commission authorised to sell Gladstone Power Station\n\nThe Commission—\nis authorised to make the Power Station Sale Agreement; and\nmay do all things necessary or convenient to enable it to perform its obligations and exercise its entitlements under the agreement.\n- (a) is authorised to make the Power Station Sale Agreement; and\n- (b) may do all things necessary or convenient to enable it to perform its obligations and exercise its entitlements under the agreement.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"State bodies authorised to act under transaction documents","content":"### sec.12 State bodies authorised to act under transaction documents\n\nA State body mentioned as a party to an agreement that is a transaction document—\nis authorised to make the agreement; and\nmay do all things necessary or convenient to enable it to perform its obligations and exercise its entitlements under the agreement.\n- (a) is authorised to make the agreement; and\n- (b) may do all things necessary or convenient to enable it to perform its obligations and exercise its entitlements under the agreement.","sortOrder":16},{"sectionNumber":"pt.4","sectionType":"part","heading":"Licence","content":"# Licence","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Issue of licence","content":"### sec.13 Issue of licence\n\nThe Minister for Energy must issue a licence to the GPS licensee as required by the State agreement.\nThe licence is taken to be a special approval under the Electricity Act 1994 authorising the following activities if done in accordance with the licence—\nconnection of the generating plant at the Gladstone Power Station to a transmission grid or supply network;\nsupplying electricity.\nSections 60 , 61 , 211C and 212 of the Electricity Act do not apply to the licence or the issuing of the licence but the holder of the special approval holds the approval subject to the conditions stated in the licence.\nSections 14 to 17 are taken to be provisions of the Electricity Act .\nThe licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) .\ns 13 amd 1994 No. 64 s 293 sch 4 ; 1997 No. 77 s 85 ; 2010 No. 44 s 112\n(sec.13-ssec.1) The Minister for Energy must issue a licence to the GPS licensee as required by the State agreement.\n(sec.13-ssec.2) The licence is taken to be a special approval under the Electricity Act 1994 authorising the following activities if done in accordance with the licence— connection of the generating plant at the Gladstone Power Station to a transmission grid or supply network; supplying electricity.\n(sec.13-ssec.3) Sections 60 , 61 , 211C and 212 of the Electricity Act do not apply to the licence or the issuing of the licence but the holder of the special approval holds the approval subject to the conditions stated in the licence.\n(sec.13-ssec.4) Sections 14 to 17 are taken to be provisions of the Electricity Act .\n(sec.13-ssec.5) The licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) .\n- (a) connection of the generating plant at the Gladstone Power Station to a transmission grid or supply network;\n- (b) supplying electricity.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Amendment of licence","content":"### sec.14 Amendment of licence\n\nThe licence may be amended by the Minister for Energy if each of the participants agrees.\nThe Minister for Energy must notify full details of an amendment of the licence by gazette notice.\n(sec.14-ssec.1) The licence may be amended by the Minister for Energy if each of the participants agrees.\n(sec.14-ssec.2) The Minister for Energy must notify full details of an amendment of the licence by gazette notice.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Revocation of licence","content":"### sec.15 Revocation of licence\n\nThe Minister for Energy may revoke the licence at any time by written notice to each of the participants.\nSubsection (1) applies only if an event specified in the licence as a ground for revocation of the licence happens.\n(sec.15-ssec.1) The Minister for Energy may revoke the licence at any time by written notice to each of the participants.\n(sec.15-ssec.2) Subsection (1) applies only if an event specified in the licence as a ground for revocation of the licence happens.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Termination of licence","content":"### sec.16 Termination of licence\n\nThe licence is terminated if an event specified in the licence as causing termination of the licence happens.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Assignment, mortgage or charge of licence","content":"### sec.17 Assignment, mortgage or charge of licence\n\nThe licence, or an interest in the licence, may be assigned, mortgaged or charged on the terms specified in the licence.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Receiving and delivery arrangements authorised","content":"### sec.18 Receiving and delivery arrangements authorised\n\nThe Commission is authorised to undertake receiving and delivery arrangements while the licence is in force.\nWhen the Commission undertakes the receiving and delivery arrangements, it is the doing of a thing the Commission is required to do under the Electricity Act .\n(sec.18-ssec.1) The Commission is authorised to undertake receiving and delivery arrangements while the licence is in force.\n(sec.18-ssec.2) When the Commission undertakes the receiving and delivery arrangements, it is the doing of a thing the Commission is required to do under the Electricity Act .","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Minister for Energy must not fix prices for supply under licence","content":"### sec.19 Minister for Energy must not fix prices for supply under licence\n\nThe Minister for Energy must not fix or control prices of, or methods of charging for, electricity supplied under the licence.\nSubsection (1) applies despite the Electricity Act .\nSubsection (1) does not prevent the Commission from—\nagreeing with each of the participants or another person on prices or methods of charging; or\ncharging for its services under receiving and delivery arrangements.\ns 19 amd 1994 No. 64 s 293 sch 4\n(sec.19-ssec.1) The Minister for Energy must not fix or control prices of, or methods of charging for, electricity supplied under the licence.\n(sec.19-ssec.2) Subsection (1) applies despite the Electricity Act .\n(sec.19-ssec.3) Subsection (1) does not prevent the Commission from— agreeing with each of the participants or another person on prices or methods of charging; or charging for its services under receiving and delivery arrangements.\n- (a) agreeing with each of the participants or another person on prices or methods of charging; or\n- (b) charging for its services under receiving and delivery arrangements.","sortOrder":24},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":25},{"sectionNumber":"sec.25","sectionType":"section","heading":"Unimproved value of power station land","content":"### sec.25 Unimproved value of power station land\n\nA determination under section 207D of the Land Act of the unimproved value of the power station land must be $1.\nThe purchasing price to be specified in the written offer to the Commission under section 207C (a) or 207G (1) (a) of the Land Act must be $1.\nIf the application is made before this Act commences, this section is taken to have commenced immediately before the application was made.\nIn this section—\napplication means the application made by the Commission under section 207 (1) of the Land Act to purchase an estate in fee simple in the power station land.\npower station land means the part of the land contained in Special Lease No. 19/42584 for which the Commission makes the application.\n(sec.25-ssec.1) A determination under section 207D of the Land Act of the unimproved value of the power station land must be $1.\n(sec.25-ssec.2) The purchasing price to be specified in the written offer to the Commission under section 207C (a) or 207G (1) (a) of the Land Act must be $1.\n(sec.25-ssec.3) If the application is made before this Act commences, this section is taken to have commenced immediately before the application was made.\n(sec.25-ssec.4) In this section— application means the application made by the Commission under section 207 (1) of the Land Act to purchase an estate in fee simple in the power station land. power station land means the part of the land contained in Special Lease No. 19/42584 for which the Commission makes the application.","sortOrder":26},{"sectionNumber":"sec.26","sectionType":"section","heading":"Certificate of employees’ rights at completion of sale of Gladstone Power Station","content":"### sec.26 Certificate of employees’ rights at completion of sale of Gladstone Power Station\n\nWithin 30 days after the completion of the sale of the Gladstone Power Station, the Commission must give a written certificate to each person who—\nimmediately before the completion was an employee of the Commission at the Gladstone Power Station; and\nimmediately after the completion becomes an employee, other than of the Commission, at the Gladstone Power Station.\nThe certificate must state—\nthe leave entitlements that had accrued to the person immediately before the completion as an employee of the Commission less leave taken (whether as leave or by way of payment instead of the leave); and\nthe day from which the person’s service has been regarded as continuous service as a person employed in the electricity supply industry; and\nthe person’s salary classification immediately before the completion.\nIn subsection (2) —\nleave includes annual leave and long service leave (or service that would be counted towards long service leave).\nA person to whom a certificate under subsection (1) should have been given may ask—\nif a certificate has not been given—that a certificate be given; or\nif a certificate has been given and the person claims that the information contained in the certificate is inaccurate—that an accurate certificate be given.\nThe person must make the request under subsection (4) within 30 days of—\nthe giving of the certificate; or\nthe completion of the sale;\nwhichever is the later.\nThe Commission must comply with the request within 30 days of receiving it.\n(sec.26-ssec.1) Within 30 days after the completion of the sale of the Gladstone Power Station, the Commission must give a written certificate to each person who— immediately before the completion was an employee of the Commission at the Gladstone Power Station; and immediately after the completion becomes an employee, other than of the Commission, at the Gladstone Power Station.\n(sec.26-ssec.2) The certificate must state— the leave entitlements that had accrued to the person immediately before the completion as an employee of the Commission less leave taken (whether as leave or by way of payment instead of the leave); and the day from which the person’s service has been regarded as continuous service as a person employed in the electricity supply industry; and the person’s salary classification immediately before the completion.\n(sec.26-ssec.3) In subsection (2) — leave includes annual leave and long service leave (or service that would be counted towards long service leave).\n(sec.26-ssec.4) A person to whom a certificate under subsection (1) should have been given may ask— if a certificate has not been given—that a certificate be given; or if a certificate has been given and the person claims that the information contained in the certificate is inaccurate—that an accurate certificate be given.\n(sec.26-ssec.5) The person must make the request under subsection (4) within 30 days of— the giving of the certificate; or the completion of the sale; whichever is the later.\n(sec.26-ssec.6) The Commission must comply with the request within 30 days of receiving it.\n- (a) immediately before the completion was an employee of the Commission at the Gladstone Power Station; and\n- (b) immediately after the completion becomes an employee, other than of the Commission, at the Gladstone Power Station.\n- (a) the leave entitlements that had accrued to the person immediately before the completion as an employee of the Commission less leave taken (whether as leave or by way of payment instead of the leave); and\n- (b) the day from which the person’s service has been regarded as continuous service as a person employed in the electricity supply industry; and\n- (c) the person’s salary classification immediately before the completion.\n- (a) if a certificate has not been given—that a certificate be given; or\n- (b) if a certificate has been given and the person claims that the information contained in the certificate is inaccurate—that an accurate certificate be given.\n- (a) the giving of the certificate; or\n- (b) the completion of the sale;","sortOrder":27},{"sectionNumber":"sec.27","sectionType":"section","heading":"Employees’ superannuation","content":"### sec.27 Employees’ superannuation\n\nRegulations may be made under the Electricity Act amending the effect of the Articles of the Queensland Electricity Supply Industry Employees’ Superannuation Scheme and the Rules for the Queensland Electricity Industry Employer-funded Accumulations Superannuation Fund with respect to the benefits and entitlements and consequent functions of persons who—\nimmediately before the completion of the sale of the Gladstone Power Station under the Power Station Sale Agreement, are employees of the Commission; and\non the completion, become employees, other than of the Commission, at the Gladstone Power Station.\nDespite section 380 (1) of the Electricity Act 1976 , an employee—\nto whom the subsection applied; and\nwho elected to transfer from the State Service Superannuation Fund to the State Public Sector Superannuation Scheme; and\nwho has been excepted from the State Public Sector Superannuation Scheme under section 3.4 (4) of the Superannuation (State Public Sector) Act 1990 ; and\nSection 3.4 (4) was renumbered as section 13 (4) under the Superannuation (State Public Sector) Act 1990 , section 4.18 .\nwho is employed in the electricity supply industry;\nbecomes a member of the Queensland Electricity Supply Industry Employees’ Superannuation Scheme.\ns 27 amd 1994 No. 5 s 4\n(sec.27-ssec.1) Regulations may be made under the Electricity Act amending the effect of the Articles of the Queensland Electricity Supply Industry Employees’ Superannuation Scheme and the Rules for the Queensland Electricity Industry Employer-funded Accumulations Superannuation Fund with respect to the benefits and entitlements and consequent functions of persons who— immediately before the completion of the sale of the Gladstone Power Station under the Power Station Sale Agreement, are employees of the Commission; and on the completion, become employees, other than of the Commission, at the Gladstone Power Station.\n(sec.27-ssec.2) Despite section 380 (1) of the Electricity Act 1976 , an employee— to whom the subsection applied; and who elected to transfer from the State Service Superannuation Fund to the State Public Sector Superannuation Scheme; and who has been excepted from the State Public Sector Superannuation Scheme under section 3.4 (4) of the Superannuation (State Public Sector) Act 1990 ; and Section 3.4 (4) was renumbered as section 13 (4) under the Superannuation (State Public Sector) Act 1990 , section 4.18 . who is employed in the electricity supply industry; becomes a member of the Queensland Electricity Supply Industry Employees’ Superannuation Scheme.\n- (a) immediately before the completion of the sale of the Gladstone Power Station under the Power Station Sale Agreement, are employees of the Commission; and\n- (b) on the completion, become employees, other than of the Commission, at the Gladstone Power Station.\n- (a) to whom the subsection applied; and\n- (b) who elected to transfer from the State Service Superannuation Fund to the State Public Sector Superannuation Scheme; and\n- (c) who has been excepted from the State Public Sector Superannuation Scheme under section 3.4 (4) of the Superannuation (State Public Sector) Act 1990 ; and Editor’s note— Section 3.4 (4) was renumbered as section 13 (4) under the Superannuation (State Public Sector) Act 1990 , section 4.18 .\n- (d) who is employed in the electricity supply industry;","sortOrder":28},{"sectionNumber":"sec.28","sectionType":"section","heading":"Records","content":"### sec.28 Records\n\nThe records that the Power Station Sale Agreement requires the Commission to deliver to the participants are not public records under the Public Records Act 2023 .\ns 28 amd 2002 No. 11 s 62 sch 1 ; 2023 No. 33 s 107 sch 4","sortOrder":29},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 om 1994 No. 64 s 293 sch 4","sortOrder":30},{"sectionNumber":"sec.30","sectionType":"section","heading":"Trade Practices Act exceptions","content":"### sec.30 Trade Practices Act exceptions\n\nThe Governor in Council may, if it is necessary or desirable to do so to avoid contravention of a provision of Part IV of the Competition and Consumer Act 2010 (Cwlth) , by regulation specifically authorise or approve—\nthe establishment of a joint venture for the acquisition or operation of the Gladstone Power Station; and\nthe acquisition of the Gladstone Power Station by the participants; and\nthe making of and giving effect to a transaction document; and\nthe making of and giving effect to an agreement for the supply or acquisition of goods or services (including electricity, coal and rail freight) by or to the operator or a participant about the operation of the Gladstone Power Station; and\nthe giving effect to existing agreements about the smelter and its operation; and\nthe making of and giving effect to arrangements about the operation or expansion of the smelter.\ns 30 amd 2010 No. 54 s 67 sch\n- (a) the establishment of a joint venture for the acquisition or operation of the Gladstone Power Station; and\n- (b) the acquisition of the Gladstone Power Station by the participants; and\n- (c) the making of and giving effect to a transaction document; and\n- (d) the making of and giving effect to an agreement for the supply or acquisition of goods or services (including electricity, coal and rail freight) by or to the operator or a participant about the operation of the Gladstone Power Station; and\n- (e) the giving effect to existing agreements about the smelter and its operation; and\n- (f) the making of and giving effect to arrangements about the operation or expansion of the smelter.","sortOrder":31},{"sectionNumber":"sec.31","sectionType":"section","heading":"Regulation-making power","content":"### sec.31 Regulation-making power\n\nThe Governor in Council may make regulations for the purposes of this Act (including the State agreement).\ns 31 amd 2004 No. 53 s 2 sch","sortOrder":32}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act began as legislation to authorise and give legal force to a specific power station sale agreement. Over time, its scope expanded through multiple amendments: the 1997 further agreement added new parties and modified terms; the 2010 further agreement (approved in 2011) introduced additional schedule arrangements; and various amendments updated cross-references to other legislation including the Personal Property Securities Act 2009 (Cth) and the Property Law Act 2023. The addition of sections 5A and 5B to approve successive 'further agreements' extended the Act's reach beyond its original single-transaction purpose into an ongoing governance framework for the power station."},"complexity_factors":["Incorporates a detailed State agreement (set out in schedules) by reference, meaning the full legal effect cannot be understood from the Act alone","Multiple layers of documents — the State agreement, transaction documents, the licence, and further agreements — all interact with each other and with the Act","The State agreement overrides other Queensland Acts, creating a complex hierarchy of laws","Has been amended multiple times (1994, 1997, 2010, 2011, 2023) requiring the reader to track legislative history","Intersects with multiple other statutes: Electricity Act 1994, Land Act 1962, Property Law Act 2023, Personal Property Securities Act 2009 (Cth), Competition and Consumer Act 2010 (Cth), and multiple superannuation Acts","Superannuation provisions reference now-renumbered sections of other Acts, adding interpretive difficulty","Competition law carve-out provisions require understanding of federal law (Part IV of the Competition and Consumer Act)","Many key definitions (GPS licensee, operator, participants, smelter, State body, transaction document) are defined in the State agreement rather than the Act itself, requiring cross-referencing"],"plain_english_summary":"The Act gives legal force to the contract selling and licensing the Gladstone Power Station to a consortium of private participants, formalising private ownership and operation while overriding conflicting Queensland laws. It affects the buyers, transferred government workers, the grid operator and, indirectly, consumers. Key outcomes: a statutory operating licence with commercial pricing, protection of employees’ pay/leave/superannuation on transfer, nominal land transfer, optional regulatory exemption from federal competition law, and limited court enforcement to the agreement’s parties."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act, as drafted, establishes the State agreement framework and associated powers and protections. It sets out explicit amendment routes (Minister, Act-approved further agreements, chief executive for Second Schedule) and regulatory powers (s5, s6, s31). The text does not indicate a change from that original scope; it provides mechanisms for modification but retains the same substantive scope and subjects as enacted."},"complexity_factors":["Incorporation of a detailed State agreement into the Act with statutory force and priority over inconsistent Acts (s4)","Ministerial discretion to make and amend the State agreement and further agreements subject to timing and legislative approval (s3, s5, s5A, s5B)","Separate amendment path for the Second Schedule via chief executive with Act or regulation approval (s6)","Licence regime: mandatory issuance, special-approval status under the Electricity Act, non‑transferability as personal property, and constrained amendment/revocation mechanisms (s13–17)","Operational authorisations for the Commission (sale, receiving and delivery arrangements) and related obligations under the Electricity Act (ss11, 18)","Express prohibition on the Minister fixing prices for supply under the licence, while permitting commercial agreements involving the Commission (s19)","Specific property and transactional rules: unimproved land value and purchase price fixed at $1 (s25), and confidentiality of delivered records (s28)","Employment protections on sale: mandatory certificates of accrued leave/service continuity and superannuation treatment via regulation (ss26–27)","Enforcement limited to parties and successors, with statutory exceptions and interplay with property law (s7)","Regulation-making power allowing, if necessary, targeted authorisations to avoid competition‑law contraventions and broad regulation power for the Act (s30, s31)"],"plain_english_summary":"This Act authorises and gives statutory force to a specific \"State agreement\" for the Gladstone Power Station, requires the Minister to issue a licence to the GPS licensee, and empowers the State and the Commission to enter sale and transaction documents and perform related acts. It prevents ministerial price-setting for electricity supplied under that licence (s19), fixes the power‑station land purchase price at $1 (s25), and preserves employee leave, service continuity and superannuation entitlements on sale (ss26–27). It primarily affects the State, the Commission, participants, employees and electricity customers."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"sec.3(3) and sec.3(4)","severity":"high","reasoning":"Section 3(3) states the agreement is not effective unless made by 31 March 1994 or a later day prescribed by regulation. Section 3(4) permits a regulation made after 31 March 1994 to prescribe a later day. If the agreement was not made by 31 March 1994, it is already ineffective at that point. A regulation made after that date purporting to extend the deadline would be attempting to retrospectively validate an already-ineffective agreement. While the legislature may have intended this as a savings mechanism, it creates the logical absurdity of a regulation needing to cure an invalidity that has already crystallised.","confidence":0.78,"description":"A regulation prescribing a later day than 31 March 1994 can only be made after 31 March 1994, but the agreement is not effective unless made by 31 March 1994 (or the later prescribed day). This creates a temporal paradox: the regulation extending the deadline can only be made after the deadline has already passed, meaning the agreement could already be ineffective before the extension is prescribed."},{"type":"self_contradicting","section":"sec.4(2) and sec.4(3)","severity":"medium","reasoning":"Section 4(2) grants the State agreement quasi-constitutional superiority over inconsistent Acts. Section 4(3) simultaneously preserves Parliament's unfettered power to legislate affecting those very rights. These provisions are not truly contradictory in a constitutional sense (parliamentary sovereignty is preserved), but they create a logical absurdity within the Act itself: the agreement is declared to prevail over Acts while Parliament retains the power to enact Acts that can override it. The practical effect of s.4(2) is thus illusory against future legislation.","confidence":0.72,"description":"The State agreement prevails over inconsistent Acts (s.4(2)), yet nothing in the Act restricts Parliament from making laws affecting rights under the State agreement (s.4(3)). This creates an internally contradictory regime: the agreement trumps existing Acts but Parliament can override the agreement at any time, rendering the supremacy clause practically hollow."},{"type":"retroactive_impossibility","section":"sec.25(3)","severity":"medium","reasoning":"A statutory provision cannot logically have commenced before the Act containing it was enacted. The deeming provision attempts to create a legal fiction that the section was operative at a point in time when the Act did not exist. While retrospective legislation is legally permissible in Australia, the specific mechanism used here — a provision deeming itself to have pre-existed its own enactment — is logically circular and creates a bootstrapping paradox.","confidence":0.75,"description":"Section 25(3) provides that if the relevant application was made before the Act commenced, 'this section is taken to have commenced immediately before the application was made.' This is a retrospective commencement provision that creates a legal fiction of temporal impossibility: the section deems itself to have existed and been in force before the Act (and therefore the section itself) existed."},{"type":"circular_definition","section":"sec.27(2)","severity":"medium","reasoning":"Section 27(2)(a) requires the employee to be someone 'to whom the subsection applied.' Section 27(2) is itself the subsection in question. The criteria for the subsection to apply include being a person 'to whom the subsection applied', creating a circular condition precedent. It likely intended to reference s.27(1), but as drafted it is self-referential and logically circular.","confidence":0.82,"description":"Section 27(2) refers to 'the subsection' in its first criterion ('to whom the subsection applied'), but no prior subsection establishes a clear class of persons to whom something 'applied'. The self-referential criterion within s.27(2)(a) creates a circular definition: the subsection defines its own applicants by reference to itself."},{"type":"self_contradicting","section":"sec.13(5)","severity":"high","reasoning":"Under the Personal Property Securities Act 2009 (Cwlth), a security interest attaches to personal property. By declaring the licence not to be personal property, s.13(5) appears to exclude it from the PPSA regime. However, s.17 explicitly allows the licence to be mortgaged or charged — transactions that are security interests under the PPSA. The two provisions are in direct logical tension: you cannot meaningfully mortgage or charge an asset that is not property, and the PPSA framework for enforcing such interests would be unavailable.","confidence":0.85,"description":"The licence is declared 'not to be personal property under the Personal Property Securities Act 2009 (Cwlth)' yet section 17 expressly permits the licence to be assigned, mortgaged or charged. A mortgage or charge over an asset is a quintessential personal property security interest — declaring the underlying asset not to be personal property while simultaneously authorising security interests over it creates a logical and practical absurdity."},{"type":"self_contradicting","section":"sec.15(1) and sec.15(2)","severity":"low","reasoning":"The words 'at any time' in s.15(1) suggest unfettered discretion as to timing, yet s.15(2) conditions the entire power on a precondition (a specified revocation event) having occurred. The phrase 'at any time' therefore does not extend the power but merely clarifies timing once the condition is met — making 'at any time' superfluous at best and misleading at worst.","confidence":0.65,"description":"Section 15(1) states the Minister 'may revoke the licence at any time' but section 15(2) immediately restricts this to only when a specified licence event occurs. The phrase 'at any time' is rendered meaningless and misleading by the immediate qualification in the following subsection."}],"contradictions":[{"severity":"high","section_a":"sec.4(2)","section_b":"sec.4(3)","confidence":0.8,"description":"Section 4(2) declares the State agreement prevails over any inconsistent Act, while section 4(3) expressly preserves Parliament's unrestricted power to make laws affecting rights under the State agreement. These provisions directly contradict each other: the agreement cannot simultaneously prevail over Acts and be overrideable by Acts without limitation."},{"severity":"low","section_a":"sec.5(3)","section_b":"sec.6(3)","confidence":0.7,"description":"Section 5(3) requires approval by an Act before the Minister can make a further agreement amending the State agreement. Section 6(3) allows amendment of the Second Schedule by further agreement if approved by either an Act or a regulation. This creates an inconsistency in the approval threshold depending on which part of the State agreement is being amended, with no principled basis explained in the Act for why amendment of the Second Schedule warrants a lower approval threshold (regulation suffices) than amendment of the rest of the agreement (Act required)."},{"severity":"high","section_a":"sec.13(5)","section_b":"sec.17","confidence":0.85,"description":"Section 13(5) declares the licence is not personal property under the PPSA, while section 17 authorises the licence to be mortgaged or charged. A mortgage or charge is a security interest that presupposes the subject matter is property capable of being encumbered. These provisions are logically irreconcilable."},{"severity":"low","section_a":"sec.19(1)","section_b":"sec.19(3)","confidence":0.55,"description":"Section 19(1) prohibits the Minister for Energy from fixing or controlling prices for electricity supplied under the licence. Section 19(3) then carves out a permission for the Commission to agree on prices or methods of charging. While structured as an exception, the exception is broad enough to potentially swallow the rule: if the Commission (a State entity under the Electricity Act) can freely agree on prices, the prohibition on the Minister fixing prices may be circumvented through Commission-directed pricing arrangements."},{"severity":"medium","section_a":"sec.8","section_b":"sec.4(3)","confidence":0.62,"description":"Part 3 (beginning at s.8) applies 'despite any other Act', granting it broad supremacy. However, section 4(3) states nothing in the Act restricts Parliament from making laws affecting rights under the State agreement. If Part 3 applies despite any other Act, it would restrict the operation of future Acts — directly contradicting the preservation of parliamentary power in s.4(3)."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 1993 privatisation purpose through multiple amendments. Originally focused on the initial sale and State agreement, it has been expanded to include: specific approval mechanisms for 1997 and 2010 further agreements (sections 5A and 5B), updated references to modern legislation (Personal Property Securities Act 2009, Property Law Act 2023), and expanded competition law exemptions. The Act has evolved from a simple sale-authorisation statute into a permanent framework for ongoing commercial arrangements, with the State agreement becoming a living document amended multiple times (1997, 2010) rather than a one-time transaction."},"complexity_factors":["Multiple nested definitions relying on external 'State agreement' (11 defined terms in section 2, most referring to the State agreement rather than being defined in the Act itself)","Complex amendment history with 5 amendment acts referenced (1994 No. 5, 1994 No. 64, 1997 No. 50, 1997 No. 60, 1997 No. 77, 2002 No. 11, 2004 No. 53, 2010 No. 44, 2010 No. 54, 2011 No. 2, 2023 No. 27, 2023 No. 33)","Legislative supremacy clause (section 4) creating override effect of State agreement over other Acts","Cross-references to multiple external Acts (Electricity Act 1994, Land Act 1962, Property Law Act 2023, Personal Property Securities Act 2009, Competition and Consumer Act 2010, Public Records Act 2023, Superannuation legislation)","Bifurcated amendment procedures (sections 5 and 6) with different approval mechanisms for different parts of the State agreement","Specific deeming provisions (section 13(4) deeming sections 14-17 to be part of Electricity Act)","Retrospective operation provision (section 25(3) deeming commencement before actual commencement)","Incomplete section numbering (jump from Part 4 to Part 6, missing Part 5; section 29 omitted)"],"plain_english_summary":"This Queensland legislation authorises the privatisation of the Gladstone Power Station and creates a special legal framework for its operation.\n\n**What it does:**\n- **Authorises a State agreement**: Allows the Minister to enter into a detailed contract (the \"State agreement\") with private parties to sell and operate the Gladstone Power Station. This agreement has the force of law and can override other Queensland laws if inconsistent.\n- **Facilitates the sale**: Authorises the Queensland Electricity Commission (the \"Commission\") to sell the power station to private buyers (the \"participants\") and make related commercial agreements.\n- **Creates a special electricity licence**: Requires the Minister for Energy to issue a licence to the new private operator (the \"GPS licensee\"). This licence acts as a special approval under electricity laws, allowing the operator to connect to the grid and supply electricity, but exempts them from certain standard regulatory requirements.\n- **Protects employee rights**: Requires the Commission to provide certificates to employees who transfer to the new private operator, detailing their accrued leave entitlements and service history. It also allows regulations to adjust superannuation (pension) arrangements for transferred workers.\n- **Fixes land valuation**: Mandates that the land for the power station be valued at just $1 for purchase purposes, effectively giving the land to the new owners for a nominal sum.\n- **Allows competition law exemptions**: Permits the government to authorise arrangements that might otherwise breach competition laws (the Competition and Consumer Act), such as joint ventures and exclusive supply agreements.\n\n**Who it affects:**\n- The Queensland Government and its electricity entities (particularly the Commission)\n- Private companies buying and operating the power station (the participants)\n- Employees of the power station who transferred from public to private employment\n- Customers receiving electricity from the power station\n\n**Why it matters:**\nThis Act was crucial for Queensland's electricity sector privatisation in the 1990s. It created a unique legal \"bubble\" where the private power station operates under special rules that differ from standard electricity regulations, ensuring the commercial viability of the sale while protecting worker entitlements during the transition from public to private ownership."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/gladstone-power-station-agreement-act-1993","history":"/api/acts/gladstone-power-station-agreement-act-1993/history","analysis":"/api/acts/gladstone-power-station-agreement-act-1993/analysis","conflicts":"/api/acts/gladstone-power-station-agreement-act-1993/conflicts","importantCases":"/api/acts/gladstone-power-station-agreement-act-1993/important-cases","documents":"/api/acts/gladstone-power-station-agreement-act-1993/documents"}}