{"id":"power-generation-corporation-act-2014","name":"Power Generation Corporation Act 2014","slug":"power-generation-corporation-act-2014","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30426,"registerId":"nt-power-generation-corporation-act-2014-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Power Generation Corporation Act 2014","content":"NORTHERN TERRITORY OF AUSTRALIA\nPOWER GENERATION CORPORATION ACT 2014\nAs in force at 1 January 2022\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Act binds Crown .............................................................................. 1\nPart 2 Power Generation Corporation\n5 GenCorp established ....................................................................... 1\n6 Government owned corporation ...................................................... 2\n7 Status as Agency............................................................................. 2\n8 Matters relating to Public Sector Employment and\nManagement Act 1993 .................................................................... 2\nPart 3 Functions of GenCorp\n9 Functions ......................................................................................... 2\n10 Restriction on retail supply of electricity ........................................... 3\n11 Review of restriction on retail sale ................................................... 3\n12 Extension of retail restriction period................................................. 4\nPart 4 Miscellaneous matters\n13 Exemption from local government rates etc..................................... 4\n14 Protection of employees from personal liability................................ 5\n15 Authentication of documents ........................................................... 5\n16 Money due to Corporation ............................................................... 5\n17 Regulations...................................................................................... 5\nSchedule Modifications of Public Sector\nEmployment and Management Act 1993 in\nrelation to GenCorp\n1 Sections 22 and 23 modified ........................................................... 6\n2 Section 24 modified ......................................................................... 6\n3 Sections 27 and 28 modified ........................................................... 7\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 January 2022\n____________________\nPOWER GENERATION CORPORATION ACT 2014\nAn Act to establish the Power Generation Corporation and for related\npurposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Power Generation Corporation\nAct 2014.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nCEO means the person appointed under section 16 of the\nGovernment Owned Corporations Act 2001 to be the chief\nexecutive officer of GenCorp.\nGenCorp means the Power Generation Corporation established by\nsection 5.\n4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nPart 2 Power Generation Corporation\n5 GenCorp established\nThe Power Generation Corporation is established.\n\nPart 3 Functions of GenCorp\nPower Generation Corporation Act 2014 2\n6 Government owned corporation\nGenCorp is declared to be a Government owned corporation for the\npurposes of the Government Owned Corporations Act 2001.\n7 Status as Agency\n(1) GenCorp:\n(a) is an Agency for the purposes of the Public Sector\nEmployment and Management Act 1993; and\n(b) is not an Agency for the purposes of any other Act.\n(2) An Administrative Arrangements Order cannot be made that\nnominates GenCorp as an Agency.\n8 Matters relating to Public Sector Employment and\nManagement Act 1993\n(1) The CEO is the Chief Executive Officer of GenCorp for the\npurposes of the Public Sector Employment and Management\nAct 1993.\n(2) The Public Sector Employment and Management Act 1993 applies\nin relation to GenCorp as if it had been amended as set out in the\nSchedule.\nPart 3 Functions of GenCorp\n9 Functions\nGenCorp's functions are as follows:\n(a) to generate, acquire and supply electricity;\n(b) to acquire, transport and supply energy sources from which\nelectricity may be generated;\n(c) to acquire, develop, operate and supply technologies\n(including operating software) designed to improve the\nefficiency of electricity generation plant and equipment;\n(d) to provide services that are necessary or expedient for the\nsecurity or reliability of a power system;\n(e) to undertake, maintain and operate any works, system,\nfacilities, apparatus or equipment required in relation to a\nfunction mentioned in paragraphs (a) to (d);\n\nPart 3 Functions of GenCorp\nPower Generation Corporation Act 2014 3\n(f) to use the fixed assets that it has for the purpose of\nperforming a function mentioned in paragraphs (a) to (d) for\nother purposes, so long as the proper performance of that\nfunction is not affected;\n(g) to develop, manufacture and market any product, technology\nor software or other intellectual property that relates to a\nfunction mentioned in paragraphs (a) to (f);\n(h) to use its expertise and resources to provide consultative,\nadvisory or other services for profit;\n(i) to do anything that GenCorp determines to be conducive or\nincidental to the performance of a function mentioned in\nparagraphs (a) to (h);\n(j) to perform any other functions conferred on GenCorp under\nthis or any other Act.\nNote for section 9\nUnder section 50 of the Government Owned Corporations Act 2001, GenCorp\nhas, for or in connection with the performance of its functions, all the powers of a\nnatural person including the power to do all other things necessary or convenient\nto be done for, or in connection with, the performance of its functions.\n10 Restriction on retail supply of electricity\n(1) Despite section 9(a), GenCorp must not supply electricity to a\nperson for the person's own use unless:\n(a) the retail restriction period has expired; or\n(b) the supply is authorised by the Minister under subsection (3).\n(2) The retail restriction period is:\n(a) the period of 5 years from the commencement of this section;\nand\n(b) if a declaration is made under section 12, the period of the\nextension stated in the declaration.\n(3) The Minister may, by Gazette notice, authorise GenCorp to supply\nelectricity to a specified person, or specified class of persons, for\nthe person's or persons' own use during the retail restriction period.\n11 Review of restriction on retail sale\n(1) The Minister must review the operation of section 10(1) before the\nexpiry of 4 years from the commencement of this section.\n\nPart 4 Miscellaneous matters\nPower Generation Corporation Act 2014 4\n(2) The purpose of the review is to determine the effect that the\noperation of section 10(1) has had, and is likely to have, on the\nencouragement of competition in the generation, retail and\nwholesale electricity markets in the Territory.\n12 Extension of retail restriction period\n(1) The Minister may, by Gazette notice, declare that the retail\nrestriction period is extended by a period not exceeding 5 years\nstated in the declaration.\n(2) The Minister cannot do so:\n(a) before the review required by section 11 is completed; or\n(b) after the expiry of the period of 5 years mentioned in\nsection 10(2)(a).\n(3) The Minister must table a copy of the declaration in the Legislative\nAssembly within 3 sitting days after the Gazette notice is published.\n(4) If the declaration is not tabled in accordance with subsection (3), it\nis of no effect.\n(5) Section 63C of the Interpretation Act 1978 applies in relation to the\ndeclaration as if it were subordinate legislation.\nPart 4 Miscellaneous matters\n13 Exemption from local government rates etc.\n(1) GenCorp land is exempt from local government rates.\n(2) Subsection (1) does not apply in relation to charges for works\ncarried out or goods or services provided by a local government\ncouncil in relation to GenCorp land.\n(3) If GenCorp land is leased to another person:\n(a) subsection (1) does not apply in relation to local government\nrates in relation to the land for the period for which it is leased;\nand\n(b) any local government rates in relation to the land for that\nperiod:\n(i) are not payable by GenCorp; and\n(ii) are payable instead by the lessee.\n\nPart 4 Miscellaneous matters\nPower Generation Corporation Act 2014 5\n(4) In this section:\nGenCorp land means land owned by or under the care, control and\nmanagement of GenCorp.\nlocal government rates means any rates, charges or taxes under\nthe Local Government Act 2019.\n14 Protection of employees from personal liability\nAn employee or agent of GenCorp is not personally liable for any\nact or default of that person or GenCorp done or omitted to be done\nin good faith in the course of the operations of GenCorp or for the\npurposes of this Act.\n15 Authentication of documents\nA document requiring authentication by GenCorp is sufficiently\nauthenticated without the seal of GenCorp if signed by a person\nauthorised to do so by GenCorp's board\n16 Money due to Corporation\nAny money due to GenCorp under this Act may be recovered by\nGenCorp as a debt.\n17 Regulations\nThe Administrator may make regulations under this Act.\n\nSchedule Modifications of Public Sector Employment and Management Act 1993 in\nrelation to GenCorp\nPower Generation Corporation Act 2014 6\nSchedule Modifications of Public Sector Employment\nand Management Act 1993 in relation to\nGenCorp\nsection 8(2)\n1 Sections 22 and 23 modified\nSections 22 and 23\nrepeal\n2 Section 24 modified\n(1) Section 24(1)\nomit, insert\n(1) The functions of the Chief Executive Officer of the Power\nGeneration Corporation under this Act are to employ and manage\nemployees in accordance with this Act for the purpose of enabling\nthe Corporation to perform its functions.\nNote for subsection (1)\nIn the exercise of his or her functions, the Chief Executive Officer is subject to the\ndirection of the Board of the Power Generation Corporation (see section 16(5) of\nthe Government Owned Corporations Act 2001).\n(2) Section 24(2)(a)\nomit\n(3) Section 24(2)(b)\nomit, insert\n(b) upholds the human resource management principle and\nperformance and conduct principle; and\n(4) Section 24(3)(b) and (h)\nomit\n(5) Section 24(4)\nomit\nor any other Act.\n\nSchedule Modifications of Public Sector Employment and Management Act 1993 in\nrelation to GenCorp\nPower Generation Corporation Act 2014 7\ninsert\nAct in relation to employees.\n3 Sections 27 and 28 modified\nSections 27 and 28\nrepeal\n\nENDNOTES\nPower Generation Corporation Act 2014 8\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPower Generation Corporation Act 2014 (Act No. 14, 2014)\nAssent date 13 May 2014\nCommenced 29 May 2014 (Gaz S29, 29 May 2014, p 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 3, 6, 7, 8, 9, 12 and 13 and\nsch.\n\nENDNOTES\nPower Generation Corporation Act 2014 9\n4 LIST OF AMENDMENTS\ns 12 amd No. 28, 2021, s 20\ns 13 amd No. 39, 2019, s 370","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act as in force by 1 January 2022 incorporates subsequent amendments that altered the scope of certain provisions. Endnotes record amendments to section 12 (Interpretation Amendment Act 2021, No. 28, s 20) and section 13 (Local Government Act 2019, No. 39, s 370), which updated the retail‑restriction extension mechanics and the local government rates exemption respectively. The Schedule also modifies application of the Public Sector Employment and Management Act 1993 to GenCorp (see Schedule and ss 7–8)."},"complexity_factors":["Cross‑references to other statutes: Government Owned Corporations Act 2001 (GenCorp status) and Public Sector Employment and Management Act 1993 (status and substantial Schedule modifications) (see ss 6–8 and Schedule).","Ministerial discretions affecting market access: Minister may authorise retail supplies during the five‑year restriction (s 10(3)) and may extend the retail restriction by Gazette declaration subject to a mandatory review and tabling requirements (ss 11–12).","Procedural requirements that affect legal effect: extension depends on review completion, Gazette notice and tabling within 3 sitting days or the declaration is of no effect (s 12(2)–(4)).","Operational exceptions and carve‑outs: land rate exemption excludes charges for local works and transfers liability to lessees during leases (s 13(2)–(3)); authentication without a seal if authorised signature used (s 15).","Administrative status limits: GenCorp is an Agency for the Public Sector Employment and Management Act only and cannot be nominated as an Agency by Administrative Arrangements Order (s 7).","Liability and enforcement mechanics: employees protected from personal liability for good‑faith acts (s 14); money due recoverable as a debt (s 16).","Amendment and interpretation ties: references to the Interpretation Act apply to Ministerial declarations, and endnotes record later amendments to sections (s 12(5); Endnotes)."],"plain_english_summary":"This Act establishes the Power Generation Corporation (GenCorp) as a government‑owned corporation and an Agency under the Territory's public sector employment law. It gives GenCorp the power to generate, acquire and supply electricity and related technologies, but bars GenCorp from selling electricity to end‑users for an initial five‑year retail restriction unless the Minister authorises a sale or extends the restriction after a required review. The Act also exempts GenCorp land from local government rates (with lease exceptions), protects employees from personal liability, and allows recovery of debts and regulations to be made."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing GenCorp as a government-owned electricity generator with specific restrictions on retail activity. The amendments noted in the endnotes (sections 12 and 13) are minor technical updates relating to the Interpretation Act and Local Government Act, not substantive expansions of scope."},"complexity_factors":["Short statute (only 17 sections plus a Schedule)","Minimal defined terms (only 3 definitions in section 3, plus 1 in section 13)","Straightforward structure with clear Parts (Preliminary, Establishment, Functions, Miscellaneous)","Limited cross-referencing — primarily references to the Government Owned Corporations Act 2001 and Public Sector Employment and Management Act 1993","Simple conditional logic in the retail restriction (section 10) with basic time limits and Ministerial exceptions","Schedule contains only technical modifications to employment legislation (repeals and substitutions of specific sections)","No nested exceptions or complex deeming provisions","Clear separation of powers between GenCorp, the Minister, and the CEO"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Power Generation Corporation** (called \"GenCorp\") — a government-owned company that generates and supplies electricity in the Northern Territory.\n\n**Who it affects:**\n\n* **Northern Territory residents and businesses** — GenCorp supplies electricity to them (though with restrictions on direct retail sales).\n* **GenCorp employees** — they get protections from personal liability when acting in good faith.\n* **Local governments** — they cannot charge rates (property taxes) on GenCorp land.\n* **The Minister** — has powers to extend restrictions on GenCorp selling electricity directly to consumers.\n\n**Key points:**\n\n* **GenCorp's main job** is to generate electricity, acquire energy sources, maintain power systems, and develop related technology. It can also sell consulting services.\n* **Retail restriction:** For the first 5 years (extendable by another 5), GenCorp generally **cannot** sell electricity directly to households or businesses for their own use. Instead, it must sell to retailers who then sell to consumers. The Minister can grant exceptions to this rule.\n* **Employment rules:** GenCorp operates under the *Public Sector Employment and Management Act 1993*, but with specific modifications that give its CEO more focused powers over staffing.\n* **Special perks:** GenCorp doesn't pay local council rates on its land, and its employees are protected from personal lawsuits when doing their jobs honestly.\n\n**Why it matters:**\n\nThis law sets up the structure for how electricity is generated and sold in the NT. The retail restriction is particularly important — it prevents GenCorp from dominating both the generation *and* retail markets, encouraging competition by forcing it to sell to independent retailers instead of directly to consumers."}},"importantCases":[],"_links":{"self":"/api/acts/power-generation-corporation-act-2014","history":"/api/acts/power-generation-corporation-act-2014/history","analysis":"/api/acts/power-generation-corporation-act-2014/analysis","conflicts":"/api/acts/power-generation-corporation-act-2014/conflicts","importantCases":"/api/acts/power-generation-corporation-act-2014/important-cases","documents":"/api/acts/power-generation-corporation-act-2014/documents"}}