{"id":"nsw:act-1981-095","name":"Northern Rivers County Council (Undertaking Acquisition) Act 1981","slug":"northern-rivers-county-council-undertaking-acquisition-act-1981","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"95 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108045,"registerId":"nsw-act-1981-095-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Northern Rivers County Council (Undertaking Acquisition) Act 1981](/view/html/inforce/current/act-1981-095).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n2 Interpretation\n\n> > (1) In this Act:\n> > \n> > agreement means the indenture dated 15 July 1958, made between The Southern Electric Authority of Queensland and the Council of the Shire of Tweed, as varied by:\n> > \n> > > (a) the assignment dated 27 May 1977, and made between The Southern Electric Authority of Queensland and The South East Queensland Electricity Board,\n> > \n> > > (b) section 10 of the [County Districts Reconstitution Act 1979](/view/pdf/asmade/act-1979-185), and\n> > \n> > > (c) any other agreement made between The South East Queensland Electricity Board and the County Council.\n> > \n> > appointed day means the day that is 1 month after the day fixed pursuant to the agreement for the acquisition of the undertaking by the County Council.\n> > \n> > County Council means the Northern Rivers County Council.\n> > \n> > previous service, in relation to a transferred servant, means service during the employment of the transferred servant in the electricity supply industry within the meaning of section 346 of the Queensland Act.\n> > \n> > the Queensland Act means the Electricity Act 1976, of the Parliament of the State of Queensland, as amended by subsequent Acts of that Parliament.\n> > \n> > transferred servant means a person who, pursuant to section 4 (2), is transferred to the service of the County Council.\n> > \n> > undertaking means the electricity undertaking which under the agreement may be acquired by the County Council.\n> \n> > (2) This Act shall be construed with and as part of the [Local Government Act 1919](/view/html/repealed/current/act-1919-041), but this Act has effect notwithstanding anything in the [Local Government Act 1919](/view/html/repealed/current/act-1919-041) or the agreement.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"County Council may act in Queensland to acquire etc undertaking","content":"#### 3 County Council may act in Queensland to acquire etc undertaking\n\n3 County Council may act in Queensland to acquire etc undertaking\n\n> The County Council shall have, and shall be deemed always to have had, the power to do anything necessary to be done in the State of Queensland (including the purchase of land in that State) for the purposes of acquiring and of controlling and managing the undertaking.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Servants may elect to transfer","content":"#### 4 Servants may elect to transfer\n\n4 Servants may elect to transfer\n\n> > (1) The persons who, on the day fixed pursuant to the agreement for the acquisition of the undertaking by the County Council:\n> > \n> > > (a) are servants of The South East Queensland Electricity Board, and\n> > \n> > > (b) are wholly or principally employed on or in connection with the undertaking,\n> > \n> > may, by a notice in writing served on the County Council before the appointed day, elect to transfer to the service of the County Council.\n> \n> > (2) A person who elects to transfer to the service of the County Council in accordance with subsection (1) shall, on the appointed day:\n> > \n> > > (a) be transferred to the service of the County Council,\n> > \n> > > (b) become a servant of the County Council, and\n> > \n> > > (c) subject to this Act, be deemed to have been appointed and employed by the County Council.\n> \n> > (3) A transferred servant shall, on and from the appointed day and until otherwise directed by the County Council, continue to perform the duties which attached to his employment immediately before the appointed day.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Remuneration of transferred servants","content":"#### 5 Remuneration of transferred servants\n\n5 Remuneration of transferred servants\n\n> A transferred servant shall, subject to Part 5 of the [Industrial Arbitration Act 1940](/view/pdf/asmade/act-1940-2), be remunerated by the County Council on terms not less advantageous than those on which he was remunerated by The South East Queensland Electricity Board immediately before the appointed day.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Mobility of transferred servants","content":"#### 6 Mobility of transferred servants\n\n6 Mobility of transferred servants\n\n> > (1) Subject to subsection (2), a transferred servant may not, without his consent, be required by the County Council to be based, as a servant of the County Council, at a place which is outside the State of Queensland and outside the Shire of Tweed.\n> \n> > (2) Where a transferred servant has once given an unconditional consent for the purposes of subsection (1), that subsection ceases to apply to him.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Redundancy of transferred servants","content":"#### 7 Redundancy of transferred servants\n\n7 Redundancy of transferred servants\n\n> The employment of a transferred servant may not be terminated by the County Council on the ground of redundancy arising from the acquisition of the undertaking.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Awards and agreements relating to transferred servants","content":"#### 8 Awards and agreements relating to transferred servants\n\n8 Awards and agreements relating to transferred servants\n\n> Subject to this Act, where any condition of employment of any transferred servant is, immediately before the appointed day, regulated by an award or industrial agreement (whether under the law of the State of New South Wales or not), the condition shall continue to be so regulated until it is varied or altered by an award that is made by a competent tribunal and that binds the County Council or by an industrial agreement to which the County Council is a party.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Previous service and accrued leave of transferred servants","content":"#### 9 Previous service and accrued leave of transferred servants\n\n9 Previous service and accrued leave of transferred servants\n\n> > (1) The period of previous service of a transferred servant shall, upon his transfer to the service of the County Council, be counted as service with the County Council for the purposes of any Act or of any ordinance, regulation or by-law or of the terms and conditions of any staff agreement or of any award or agreement made under the [Industrial Arbitration Act 1940](/view/pdf/asmade/act-1940-2).\n> \n> > (2) The transfer of a transferred servant to the service of the County Council shall not affect any right to leave (including long service leave) of absence accrued prior to the appointed day.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Gratuity for transferred servants","content":"#### 10 Gratuity for transferred servants\n\n10 Gratuity for transferred servants\n\n> > (1) If:\n> > \n> > > (a) the employment of any transferred servant is terminated by the County Council, otherwise than for misconduct, within the period of 2 years after the appointed day, or\n> > \n> > > (b) any transferred servant resigns his position with the County Council within the period commencing l year after, and ending 2 years after, the appointed day and the County Council has prior to the date on which his resignation was tendered failed to offer him in writing continuous employment at a salary or wage at least equal to that received by him immediately prior to the appointed day, and that failure is not occasioned by his misconduct,\n> > \n> > the County Council shall grant to the transferred servant a gratuity equivalent to the amount of 4 weeks’ salary or wages for each year of his previous service and of his service with the County Council, such salary or wages being reckoned on the average of the weekly salary or wages paid to that servant during the 52 weeks immediately preceding the appointed day.\n> \n> > (2) Nothing in subsection (1) shall require the County Council to offer any transferred servant employment beyond the date fixed for retirement by the [Local Government Act 1919](/view/html/repealed/current/act-1919-041).\n> \n> > (3) The amount of any gratuity payable under subsection (1) to a transferred servant shall not in any case exceed an amount being the equivalent of the salary and wages (reckoned on the average of the weekly salary or wages paid to the transferred servant during the 52 weeks immediately preceding the appointed day) which the transferred servant would have received if he had continued in his previous service until the age of 65 years.\n> \n> > (4) This section shall not apply to a transferred servant unless he has been employed continuously in his previous service for a period of not less than 1 year immediately preceding the appointed day.\n> \n> > (5) Nothing in this section affects the operation of sections 6 and 7.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Compensation payable for termination under previous service","content":"#### 11 Compensation payable for termination under previous service\n\n11 Compensation payable for termination under previous service\n\n> > (1) Where:\n> > \n> > > (a) a transferred servant was, in respect of his previous service, engaged under a contract of service which provides for payment of compensation in the event of the termination of his employment, and\n> > \n> > > (b) the employment of the transferred servant is, before the expiration of the period of the contract, terminated by the County Council otherwise than in accordance with the terms of the contract,\n> > \n> > the County Council shall pay to the transferred servant the amount of compensation provided for in the contract, and if the amount of the compensation is less than the amount that would be payable to the transferred servant under section 10, shall also pay to the transferred servant a gratuity equal to the difference.\n> \n> > (2) A transferred servant who is entitled to receive any compensation or compensation and gratuity under subsection (1) shall not be entitled to receive a gratuity under section 10.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Transferred servants to be notified of provisions relating to superannuation","content":"#### 12 Transferred servants to be notified of provisions relating to superannuation\n\n12 Transferred servants to be notified of provisions relating to superannuation\n\n> > (1) The Local Government Superannuation Board shall, as soon as practicable after the date of assent to this Act and before the appointed day, inform each person who, in its opinion, is wholly or principally employed by The South East Queensland Electricity Board on or in connection with the undertaking of his entitlements under section 14 should he elect to come under the provisions of Part 3D of the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035).\n> \n> > (2) Nothing done or omitted to be done pursuant to subsection (1) prejudices any determination to be made by the Local Government Superannuation Board under section 14.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Transferred servants electing to remain in Queensland superannuation scheme","content":"#### 13 Transferred servants electing to remain in Queensland superannuation scheme\n\n13 Transferred servants electing to remain in Queensland superannuation scheme\n\n> Where a transferred servant elects, pursuant to clause 12A of the Fifth Schedule to the Queensland Act, to continue to contribute to the Queensland Electricity Supply Industry Employees’ Superannuation Scheme or to remain a member of a fund referred to in that Schedule:\n> \n> > (a) the County Council shall, while the transferred servant remains in its employ and so far as the law of the State of Queensland permits, comply in all respects with the obligations of an employer under the rules of and the terms and conditions relating to that Scheme or that fund, as the case may be, and\n> \n> > (b) the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035) does not apply to or in respect of the transferred servant while he remains in the employ of the County Council.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Transferred servants not electing to remain in Queensland superannuation scheme","content":"#### 14 Transferred servants not electing to remain in Queensland superannuation scheme\n\n14 Transferred servants not electing to remain in Queensland superannuation scheme\n\n> > (1) Where a transferred servant, within l month after the appointed day or within such further period as the Local Government Superannuation Board may allow:\n> > \n> > > (a) makes an election under section 15AN (2) of the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035) to come under the provisions of Part 3D of that Act, and\n> > \n> > > (b) pays to, or directs the Queensland Electricity Supply Industry Superannuation Board to pay to, the Local Government Superannuation Board the total amount that is paid to him, or payable on his account, by reason of his withdrawal from the Queensland Electricity Supply Industry Employees’ Superannuation Scheme or from a fund referred to in the Fifth Schedule to the Queensland Act,\n> > \n> > the provisions of this section apply to and in respect of the transferred servant notwithstanding anything to the contrary in the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035).\n> \n> > (2) A transferred servant referred to in subsection (1) becomes a contributor to the Local Government Pension Fund on a day to be determined by the Local Government Superannuation Board.\n> \n> > (3) The Local Government Superannuation Board may, under section 15AN (8) of the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035), determine that a transferred servant referred to in subsection (1) is:\n> > \n> > > (a) qualified for full additional benefits,\n> > \n> > > (b) qualified for partial, but not full, additional benefits, or\n> > \n> > > (c) not qualified for either such benefits,\n> > \n> > after considering any details of the medical and personal history of the transferred servant that are supplied to it by the Queensland Electricity Supply Industry Superannuation Board.\n> \n> > (4) The amount paid by, or in pursuance of a direction given by, a transferred servant under subsection (1) (b) shall be credited to the Local Government Pension Fund in the following manner:\n> > \n> > > (a) that part of the amount that the Local Government Superannuation Board determines to be the previous contributions, and any interest thereon, of the transferred servant shall be credited to the transferred servant’s account in that Fund,\n> > \n> > > (b) that part of the amount that the Local Government Superannuation Board determines to be the previous contributions, and any interest thereon, of the transferred servant’s employer shall be credited to the general reserve in that Fund.\n> \n> > (5) A transferred servant referred to in subsection (1) shall be deemed to have accrued under section 15BE of the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035) such additional number of pension points as the Local Government Superannuation Board determines having regard to the amount paid by, or in pursuance of a direction given by, the transferred servant under subsection (1) (b).\n> \n> > (6) A transferred servant referred to in subsection (1) shall, for the purposes of section 15AU (1) (b) of the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035), be deemed to be a contributor referred to in that paragraph.\n> \n> > (7) The previous service of a transferred servant referred to in subsection (1), or such period thereof as the Local Government Superannuation Board determines, shall be deemed to be approved service for the purposes of such of the provisions of Part 3D of the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035) as that Board determines.\n> \n> > (8) The County Council and the Local Government Superannuation Board may make such agreements with the Queensland Electricity Supply Industry Superannuation Board as are necessary to facilitate a transferred servant’s election to come under the provisions of Part 3D of the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035).\n> \n> > (9) Without affecting the generality of section 16, the Governor may make such regulations as he considers necessary to facilitate a transferred servant’s election to come under the provisions of Part 3D of the [Local Government and Other Authorities (Superannuation) Act 1927](/view/html/inforce/current/act-1927-035).","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Staff committee","content":"#### 15 Staff committee\n\n15 Staff committee\n\n> > (1) The Minister shall appoint a staff committee to report to the County Council on any matter arising from the operation of this Act in relation to servants of the County Council.\n> \n> > (2) For the purposes of subsection (1), a staff committee shall comprise:\n> > \n> > > (a) a chairman nominated by the Minister,\n> > \n> > > (b) 2 persons nominated by the County Council, and\n> > \n> > > (c) 2 persons nominated by the Minister, after consulting such persons as he thinks fit, to represent servants of the County Council.\n> \n> > (3) The Minister may constitute a staff committee under this section by appointing different persons according to the subject-matter with which it is at any time, or from time to time, required to deal.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Regulations","content":"#### 16 Regulations\n\n16 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":15}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have retained its original scope since commencement in 1981. There have been no amendments recorded, suggesting the legislation accomplished its specific purpose — the one-time legal transfer of the council's undertaking — and was not broadened or narrowed over time. Its continued in-force status likely reflects residual legal arrangements rather than any expansion of scope."},"complexity_factors":["The actual substantive text of the Act is not available in the provided content — only metadata and navigation elements are shown, limiting full analysis","Acquisition legislation of this type typically involves intersecting areas of law: property law, employment law, contract novation (transferring contracts from one party to another), and corporate/statutory authority law","The Act has remained unamended since 1981, which may indicate either narrow, self-contained effect or that its provisions were spent (completed) upon enactment","Historical context requires understanding of 1980s NSW local government and electricity sector restructuring to interpret correctly","Dual ministerial responsibility (Energy and Climate Change) adds minor administrative complexity"],"plain_english_summary":"The Northern Rivers County Council (Undertaking Acquisition) Act 1981 (NSW) authorises the transfer of the Council’s undertaking—principally energy/electricity infrastructure—to another authority, specifying how assets, liabilities, employees and contracts are dealt with. It affects the Council, its staff, local ratepayers and electricity consumers, and matters because it preserves legal arrangements from 1980s utility restructuring and remains in force."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the acquisition of a specific Queensland electricity undertaking by the Northern Rivers County Council and managing the associated employment transitions. While lengthy, the detailed provisions for worker protection, superannuation portability, and gratuity entitlements are all directly ancillary to the core acquisition purpose. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["Extensive cross-referencing to external legislation: the Queensland Electricity Act 1976, NSW Local Government Act 1919, Industrial Arbitration Act 1940, and Local Government and Other Authorities (Superannuation) Act 1927","Nested conditional logic in employee gratuity provisions (section 10): four subsections with multiple qualifying conditions, time limits (1-2 year windows), misconduct exclusions, and monetary caps calculated by reference to average weekly earnings","Dual superannuation pathways (sections 13-14) requiring coordination between NSW and Queensland superannuation boards, with deeming provisions and discretionary determinations by the Local Government Superannuation Board","7 defined terms in the interpretation section, but several rely on circular or external definitions (e.g., 'previous service' refers to 'electricity supply industry' as defined in Queensland legislation)","Temporal complexity: multiple fixed dates and periods ('appointed day', 'day fixed pursuant to the agreement', 1-month and 2-year windows) that interact differently across sections","Savings and override clauses: section 2(2) states the Act operates 'notwithstanding' the Local Government Act 1919 or the acquisition agreement, creating a hierarchy of legal authority that requires careful parsing"],"plain_english_summary":"This law lets a New South Wales local government body—the Northern Rivers County Council—buy and run an electricity business located across the border in Queensland.\n\n**What it does**\n\n* **Cross-border power**: Normally, NSW councils can't operate in Queensland. This Act gives the County Council special permission to buy land, assets, and staff in Queensland specifically to take over an electricity supply business (the \"undertaking\") that was previously run by a Queensland electricity board.\n\n* **Protects workers**: The bulk of the Act is about looking after the employees who transfer from the Queensland electricity board to the NSW county council. It guarantees:\n  * No pay cuts (section 5)\n  * No forced relocation outside Queensland or the Tweed Shire without consent (section 6)\n  * No redundancy just because the business changed hands (section 7)\n  * Existing workplace agreements and awards stay in force (section 8)\n  * Previous years of service count for leave and long-service leave (section 9)\n  * A special payout (gratuity) if they're sacked or resign under certain conditions within two years (section 10)\n  * Compensation if their old contract promised it (section 11)\n\n* **Superannuation choices**: Workers can either stay in the Queensland electricity workers' super fund (section 13) or transfer their savings into the NSW local government super scheme (section 14). If they switch to NSW, the Act sets out how their Queensland contributions are credited and how their years of service are recognised.\n\n* **Dispute resolution**: A staff committee with employer and employee representatives can advise on any problems that arise (section 15).\n\n**Who it affects**\n\n* The Northern Rivers County Council (now abolished, but was the local government body for the Tweed area)\n* Electricity workers employed by the South East Queensland Electricity Board on the Tweed undertaking\n* The Local Government Superannuation Board and Queensland's electricity super funds\n\n**Why it matters**\n\nThis is a classic example of \"cooperative federalism\"—NSW and Queensland passing mirror laws to let a local council straddle a state border and run essential infrastructure. Without this Act, the County Council couldn't legally operate in Queensland, and workers would have lost their jobs, entitlements, or superannuation when the business changed hands."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Act expands the County Council’s statutory scope by authorising it to operate and own property in Queensland and by making its provisions operate notwithstanding the Local Government Act 1919 or the existing agreement (s2(2), s3). It therefore displaces or overrides aspects of prior local‑government and contractual arrangements in order to effect the cross‑border acquisition and employment transitions."},"complexity_factors":["Cross‑jurisdictional powers to act and hold land in another State (s3)","Employee transfer mechanics, eligibility and continuing duties on transfer (s4(1)–(3))","Preservation of pay, leave and award/industrial agreement continuity across jurisdictions (ss5, 8, 9)","Detailed gratuity and compensation calculations with caps and interaction rules (ss10–11)","Multiple superannuation pathways and technical crediting/point rules interacting with Queensland and NSW schemes and the Local Government Superannuation Board (ss12–14)","Limits on forced relocation and consent mechanism for mobility (s6)","Prohibition on termination for redundancy arising from acquisition (s7)","Ministerial and Governor discretion to appoint staff committee and make regulations (ss15–16)","Dependence on and interaction with external instruments (the Queensland Act, Local Government Act and the agreement) increasing interpretive complexity (definitions in s2)"],"plain_english_summary":"This Act lets the Northern Rivers County Council acquire, run and manage an electricity undertaking located in Queensland and do what’s necessary there (including buying land). It transfers eligible Queensland-employed electricity workers to the County Council on terms that preserve pay, leave, redundancy protections and give choices about superannuation, and sets rules for gratuities and compensation.\n\nThe County Council pays salaries, gratuities and any contract compensation; the Minister and a staff committee have roles in implementation and regulations govern further detail."}},"importantCases":[],"_links":{"self":"/api/acts/northern-rivers-county-council-undertaking-acquisition-act-1981","history":"/api/acts/northern-rivers-county-council-undertaking-acquisition-act-1981/history","analysis":"/api/acts/northern-rivers-county-council-undertaking-acquisition-act-1981/analysis","conflicts":"/api/acts/northern-rivers-county-council-undertaking-acquisition-act-1981/conflicts","importantCases":"/api/acts/northern-rivers-county-council-undertaking-acquisition-act-1981/important-cases","documents":"/api/acts/northern-rivers-county-council-undertaking-acquisition-act-1981/documents"}}