Schedule 2—Transitional provisions
1—Continuation of certain arrangements
(1) An arrangement between an electricity corporation and a council in force under clause 8 of the repealed provisions immediately before the commencement of this Schedule continues in force as such an arrangement for the purposes of Part 5 of this Act.
(2) In this clause—
the repealed provisions means those clauses of Schedule 4 of the Electricity Corporations Act 1994 repealed by this Act.
Legislative history
Notes
• This version is comprised of the following:
Schedules
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation amended by principal Act
The Electricity Act 1996 amended the following:
Electricity Corporations Act 1994
Local Government Act 1934
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Electricity Act 1996
19.12.1996
1.1.1997 (Gazette 19.12.1996 p1922)
Electricity (Vegetation Clearance) Amendment Act 1997
7.8.1997
1.1.1998 (Gazette 27.11.1997 p1426)
Electricity (Miscellaneous) Amendment Act 1997
18.12.1997
5.3.1998 (Gazette 5.3.1998 p1062)
Electricity (Miscellaneous) Amendment Act 1999
11.10.1999 (Gazette 30.9.1999 p1341) except ss 4(e), 15 & 16—19.8.1999 (Gazette 19.8.1999 p882)
Statutes Amendment (Electricity) Act 1999
25.11.1999
Pt 2 (s 4)—11.10.1999: s 2(3)
District Court (Administrative and Disciplinary Division) Amendment Act 2000
20.4.2000
Sch 1 (cl 12)—1.6.2000 (Gazette 18.5.2000 p2554)
Electricity (Pricing Order and Cross-ownership) Amendment Act 2000
Electricity (Miscellaneous) Amendment Act 2002
12.9.2002 except ss 3(c), (d), (f), 7—9, 10(a), (b), (d), 11(a)—(d), (f), 12, 17, 19—21, 24(b) & 25—1.1.2003 (Gazette 12.9.2002 p3384) and except ss 10(c) & 11(e)—1.7.2003 (Gazette 26.6.2003 p2810)
Electricity (Pricing Order) Amendment Act 2003
Statutes Amendment (Gas and Electricity) Act 2003
12.6.2003
Pt 4 (s 74)—1.7.2003 (Gazette 26.6.2003 p2812)
Emergency Management Act 2004
29.7.2004
Sch 1 (cl 1)—25.11.2004 (Gazette 25.11.2004 p4406)
Statutes Amendment (Electricity and Gas) Act 2004
5.8.2004
Pt 2 (ss 4—6)—19.8.2004 except new s 36AA(4a)(d) & (e) (as inserted by s 6(1)) and s 6(2)—1.7.2005 (Gazette 19.8.2004 p3279)
Fire and Emergency Services Act 2005
14.7.2005
Sch 6 (cll 4 & 5)—1.10.2005 (Gazette 29.9.2005 p3547)
Statutes Amendment (Electricity and Gas) Act 2006
5.10.2006
Pt 2 (ss 4—17) & Sch 1—1.9.2007 (Gazette 19.4.2007 p1233)
Statutes Amendment (Public Sector Employment) Act 2006
14.12.2006
Pt 10 (ss 42—44)—1.4.2007 (Gazette 29.3.2007 p930)
Electricity (Feed-In Scheme—Solar Systems) Amendment Act 2008
21.2.2008
1.7.2008 (Gazette 19.6.2008 p2381)
Statutes Amendment (Energy Efficiency Shortfalls) Act 2009
4.6.2009
Pt 2 (s 4)—3.9.2009 (Gazette 3.9.2009 p4368)
Statutes Amendment (Public Health Incidents and Emergencies) Act 2009
Pt 2 (s 3)—25.6.2009
Statutes Amendment (Australian Energy Market Operator) Act 2009
Pt 3 (ss 15—23) & Sch 1 (cll 1—13 & 28—30)—1.7.2009 (Gazette 25.6.2009 p3001)
Statutes Amendment (Electricity and Gas—Information Management and Retailer of Last Resort) Act 2009
Pt 2 (s 4)—22.10.2009: s 2 except s 5—1.7.2010 (Gazette 10.12.2009 p6169)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 54 (ss 110 & 111)—1.2.2010 (Gazette 28.1.2010 p320)
Statutes Amendment (Electricity and Gas—Price Determination Periods) Act 2010
Pt 2 (s 3)—5.8.2010
Statutes Amendment (Personal Property Securities) Act 2011
14.4.2011
Pt 8 (s 28)—16.6.2011 (Gazette 16.6.2011 p2610)
South Australian Public Health Act 2011
Sch 1 (cl 2)—16.9.2012 (Gazette 30.8.2012 p3945)
Electricity (Miscellaneous) Amendment Act 2011
30.6.2011
29.7.2011 (Gazette 28.7.2011 p3161) except new s 36AD(1)(a) (as inserted by s 7)—27.1.2012 (Gazette 27.1.2012 p372)
Statutes Amendment (National Energy Retail Law Implementation) Act 2012
13.12.2012
Pt 2 (ss 4—12, 13(2)—(5), 14—22)—1.2.2013 (Gazette 31.1.2013 p157); s 13(1)—uncommenced
Statutes Amendment (Directors' Liability) Act 2013
23.5.2013
Pt 13 (ss 22—27)—17.6.2013 (Gazette 6.6.2013 p2498)
Statutes Amendment (Electricity and Gas) Act 2017
14.6.2017
Pt 2 (ss 4—43)—17.10.2017 (Gazette 17.10.2017 p4338)
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 12 (ss 63 to 69)—4.10.2018 (Gazette 28.6.2018 p2618)
Statutes Amendment (Electricity and Gas) (Energy Productivity) Act 2020
30.7.2020
Pt 2 (ss 4 & 5)—1.10.2020 (Gazette 10.9.2020 p4557)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended by 60/1999 s 3
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
s 3
amended by 21/2017 s 4
s 4
s 4(1)
s 4 redesignated as s 4(1) by 60/1999 s 4(l)
access
deleted by 60/1999 s 4(a)
AEMO
inserted by 32/2009 s 15
annual electricity consumption level
inserted by 19/2002 s 3(a)
bushfire risk area
inserted by 21/2017 s 5(1)
Commission
inserted by 19/2002 s 3(b)
contestable customer
substituted by 71/1997 s 3(a)
deleted by 19/2002 s 3(c)
council
council officer
inserted by 62/1997 s 3(a)
cross-ownership rules
inserted by 60/1999 s 4(b)
deleted by 19/2002 s 3(d)
customer
substituted by 60/1999 s 4(b)
electrical equipment
inserted by 21/2006 s 4(1)
electrical installation
amended by 71/1997 s 3(b)
amended by 21/2006 s 4(2), (3)
electricity infrastructure
amended by 60/1999 s 4(c)
amended by 21/2006 s 4(4)
electricity supply industry
amended by 60/1999 s 4(d)
employing authority
inserted by 41/2006 s 42(1)
install
inserted by 21/2006 s 4(5)
internal switching manual
inserted by 21/2017 s 5(2)
Industry Regulator
inserted by 60/1999 s 4(e)
deleted by 19/2002 s 3(e)
National Electricity Code
substituted by 60/1999 s 4(f)
deleted by 21/2006 Sch 1
National Electricity Rules
inserted by 21/2006 Sch 1
National Electricity (South Australia) Law
inserted by 60/1999 s 4(f)
National Energy Retail Rules
inserted by 55/2012 s 4(1)
NERL retailer
inserted by 55/2012 s 4(2)
non-bushfire risk area
inserted by 21/2017 s 5(3)
non-contestable customer
deleted by 19/2002 s 3(f)
powerline
substituted by 62/1997 s 3(b)
amended by 60/1999 s 4(g)
Pricing Regulator
inserted by 71/1997 s 3(c)
deleted by 60/1999 s 4(h)
regulated entity
inserted by 55/2012 s 4(3)
retailing
amended by 60/1999 s 4(i)
small customer
inserted by 19/2002 s 3(g)
system controller
amended by 60/1999 s 4(j)
telecommunications
inserted by 60/1999 s 4(k)
transmission or distribution system
amended by 71/1997 s 3(d)
Tribunal
inserted by 51/2017 s 63
vegetation clearance scheme
inserted by 62/1997 s 3(c)
s 4
s 4(2)
inserted by 60/1999 s 4(l)
s 4(3)
inserted by 41/2006 s 42(2)
s 4(4)
inserted by 21/2017 s 5(4)
s 5
s 5(3)
amended by 60/1999 s 5
s 6
substituted by 60/1999 s 6
Pt 2
Pt 2 Div 1
inserted by 60/1999 s 7
heading amended by 19/2002 Sch
s 6A
s 6A(1)
s 6A(2)
amended by 55/2012 s 5(1)
s 6A(3)
amended by 55/2012 s 5(2)
s 6A(4)
amended by 55/2012 s 5(3), (4)
Pt 2 Div 2
inserted by 71/1997 s 6
deleted by 60/1999 s 15
Pt 2 Div 2 before deletion by 32/2009
inserted by 60/1999 s 7
s 6E
s 6E(1)
s 6F
s 6F(2)
amended by 41/2006 s 43
s 6G
s 6G(5)
amended by 19/2002 s 4
s 6L
substituted by 41/2006 s 44
s 6LA
inserted by 41/2006 s 44
s 6N
inserted by 19/2002 s 5
s 6N(1)
s 6O
inserted by 19/2002 s 5
Pt 2 Div 2
deleted by 32/2009 s 16
Pt 2 Div 3
Div 1 heading inserted by 71/1997 s 4
Div 1 heading deleted and Div 3 heading inserted by 60/1999 s 8
s 7
s 7(2)
amended by 60/1999 s 9
amended by 84/2009 s 110
s 8
substituted by 60/1999 s 10
amended by 32/2009 s 17(1)—(3)
s 10
s 10(1)
amended by 60/1999 s 11(a)
amended by 24/2011 s 4
s 10(2)
amended by 60/1999 s 11(b)
s 10(3)
substituted by 21/2017 s 6
s 10(4)
inserted by 21/2017 s 6
s 11
s 11(1)
amended by 60/1999 s 12(a)
amended by 24/2011 s 5
s 11(1a)
inserted by 71/1997 s 5
amended by 60/1999 s 12(b)
substituted by 45/2009 s 4
ss 12 and 13
deleted by 60/1999 s 13
s 14
s 14(1)
amended by 60/1999 s 14(a)
s 14(2)
deleted by 60/1999 s 14(b)
Pt 2 Div 4
inserted by 60/1999 s 15
s 14A
s 14A(1)
amended by 55/2012 s 6
s 14C
Pt 3
Pt 3 Div A1
inserted by 60/1999 s 16
s 14D
Pt 3 Div A2
inserted by 55/2012 s 7
Pt 3 Div 1
s 15
s 15(1)
amended by 60/1999 s 17(a)
amended by 19/2002 s 6
s 15(2)
amended by 60/1999 s 17(b)
s 15(3)
inserted by 60/1999 s 17(c)
substituted by 32/2009 s 18
s 16
s 16(1)
amended by 60/1999 s 18(a), (b)
s 16(2)
amended by 60/1999 s 18(c)
s 16(3)
amended by 60/1999 s 18(d), (e)
s 16(4)
amended by 60/1999 s 18(f)
s 17
s 17(1)
amended by 60/1999 s 19(a)
s 17(2)
amended by 60/1999 s 19(b)—(d)
(ab) deleted by 19/2002 s 7
s 17(3)
amended by 60/1999 s 19(e)
s 17(4)
amended by 60/1999 s 19(f)—(i)
s 17(5)
amended by 60/1999 s 19(j), (k)
s 17A
inserted by 60/1999 s 20
s 17A(2)
s 19
substituted by 60/1999 s 21
s 20
s 20(1)
amended by 60/1999 s 22(a), (b)
s 20(2)
amended by 60/1999 s 22(c)
s 20(3)
substituted by 60/1999 s 22(d)
s 20(4)
amended by 60/1999 s 22(e)
s 20(5)
amended by 60/1999 s 22(f)
s 20(7)
administrative costs
inserted by 60/1999 s 22(g)
amended by 32/2009 s 19
s 21
amended by 71/1997 s 7
s 21(1)
amended by 19/2002 s 8(a)
(d) deleted by 19/2002 s 8(b)
s 21(2)
amended by 19/2002 s 8(c)
s 21(3)
amended by 19/2002 s 8(d)
s 21(4)
s 22
s 22(1)
amended by 19/2002 s 9
amended by 32/2009 s 20
amended by 21/2017 s 7(1), (2)
s 22(1a)
inserted by 21/2017 s 7(3)
s 23
s 23(1)
amended by 19/2002 s 10(a), (b), (d)
amended by 19/2002 s 10(c)
amended by 32/2009 s 21
(n)(ix) deleted by 55/2012 s 8(1)
amended by 21/2017 s 8(1), (2)
s 23(1a)
inserted by 21/2017 s 8(3)
s 23(3)
amended by 36/2004 s 4
amended by 45/2009 s 5
1.7.2010
deleted by 55/2012 s 8(2)
s 23(4) and (5)
deleted by 55/2012 s 8(2)
s 23(5a) and (5b)
inserted by 19/2002 s 10(e)
s 24
s 24(1)
deleted by 19/2002 s 11(a)
s 24(2)
amended by 19/2002 s 11(b), (c), (d)
(f) and (g) deleted by 19/2002 s 11(d)
amended by 19/2002 s 11(e)
amended by 36/2004 s 5(1), (2)
(f) deleted by 55/2012 s 9
s 24(3)
deleted by 19/2002 s 11(f)
s 24A
inserted by 60/1999 s 23
s 24A(1)
amended by 19/2002 s 12
s 24A(1a)
inserted by 21/2017 s 9
s 24B
inserted by 60/1999 s 23
amended by 55/2012 s 10
s 25
s 25(1)
amended by 60/1999 s 24(a)
amended by 19/2002 s 13(a)
s 25(2)
amended by 60/1999 s 24(b)
substituted by 19/2002 s 13(b)
s 26
deleted by 60/1999 s 25
s 27
s 27(1)
substituted by 60/1999 s 26
s 28
substituted by 60/1999 s 27
s 28(1)—(6)
s 28A
inserted by 60/1999 s 27
s 28B
inserted by 60/1999 s 27
s 28B(1) and (2)
s 29
s 29(1)—(3)
amended by 60/1999 s 28
s 30
s 30(1)
amended by 60/1999 s 29(a)
amended by 19/2002 s 14, Sch
s 30(3)
amended by 60/1999 s 29(b)
s 30A
inserted by 11/2011 s 28
Pt 3 Div 2
s 31
substituted by 60/1999 s 30
s 31(6)
ss 32 and 33
deleted by 60/1999 s 30
Pt 3 Div 2A
inserted by 71/1997 s 8
substituted by 60/1999 s 31
s 35A
s 35A(1)
amended by 19/2002 s 15(a), (b), Sch
amended by 2/2003 s 2
amended by 24/2011 s 6(1)
(b) deleted by 55/2012 s 11
s 35A(2)
s 35A(2a)
inserted by 24/2011 s 6(2)
s 35A(3)
amended by 2/2003 s 2
s 35A(4)
substituted by 19/2002 s 15(c)
amended by 51/2017 s 64
s 35B
s 35B(1)
(b) deleted by 55/2012 s 12
s 35B(4) and (5)
s 35B(7)
amended by 74/1999 s 4
s 35B(10a)
inserted by 51/2000 s 2
amended by 2/2003 s 3
s 35B(12) and (13)
Pt 3 Div 3
heading amended by 60/1999 s 32
s 36
s 36(1)
amended by 60/1999 s 33(a)
amended by 19/2002 s 16
s 36(2)
amended by 60/1999 s 33(b)
amended by 9/2003 s 74(1)
s 36(2a)
inserted by 9/2003 s 74(2)
s 36(3)
amended by 60/1999 s 33(c)
amended by 9/2003 s 74(3)
s 36(5)
inserted by 9/2003 s 74(4)
Pt 3 Div 3AA
inserted by 19/2002 s 17
s 36AA
may expire by proclamation: s 36AA(7)
s 36AA(1a)
inserted by 55/2012 s 13(1)
uncommenced—not incorporated
s 36AA(2)
amended by 55/2012 s 13(2)
s 36AA(3)
deleted by 55/2012 s 13(3)
s 36AA(4)
amended by 55/2012 s 13(4)
s 36AA(4a)
inserted by 36/2004 s 6(1)
19.8.2004 except (d) and (e)—1.7.2005
amended by 11/2010 s 3(1), (2)
s 36AA(6) before substitution by 55/2012
standing contract price
substituted by 36/2004 s 6(2)
1.7.2005
s 36AA(6)
substituted by 55/2012 s 13(5)
s 36AA(7)
substituted by 36/2004 s 6(3)
Pt 3 Div 3AB
inserted by 1/2008 s 4
1.7.2008
substituted by 24/2011 s 7
29.7.2011 except s 36AD(1)(a)—27.1.2012
s 36AC
s 36AC(1)
s 36AC redesignated as s 36AC(1) by 55/2012 s 14
s 36AC(2)
inserted by 55/2012 s 14
s 36AE
s 36AE(6)
amended by 55/2012 s 15(1)
s 36AE(6a)
inserted by 55/2012 s 15(2)
Pt 3 Div 3AC
inserted by 55/2012 s 16
Pt 3 Div 3A
inserted by 60/1999 s 34
Pt 3 Div 4
s 37
s 37(1)
amended by 60/1999 s 35(a)—(c)
s 37(2)
amended by 60/1999 s 35(d)
s 37(3)
amended by 60/1999 s 35(e)
Pt 3 Div 5
heading amended by 60/1999 s 36
s 38
s 38(1)
amended by 60/1999 s 37(a), (b)
s 38(2)
amended by 60/1999 s 37(c)
s 38(3)
amended by 60/1999 s 37(d)
s 39
s 39(1)
amended by 60/1999 s 38(a)
s 39(2a)
inserted by 60/1999 s 38(b)
s 39(5)
amended by 60/1999 s 38(c)
s 39(6)
amended by 60/1999 s 38(d)
Pt 3 Div 6
deleted by 60/1999 s 39
Pt 4 Div 1
s 41
s 41(1)
amended by 60/1999 s 40
s 43
s 43(2)
amended by 60/1999 s 41(a)
s 43(3)
amended by 60/1999 s 41(b)
s 50
amended by 60/1999 s 46
s 53
s 53(2)
amended by 60/1999 s 47
amended by 40/2005 Sch 6 cl 4
s 54
amended by 30/2004 Sch 1 cl 1
25.11.2004
amended by 40/2005 Sch 6 cl 5(1), (2)
amended by 29/2009 s 3
amended by 21/2011 Sch 1 cl 2
16.9.2012
amended by 55/2012 s 17(1), (2)
Pt 4 Div 1A
inserted by 21/2017 s 10
Pt 4 Div 2
s 45
s 45(1)
amended by 60/1999 s 42(a)
s 45(2)
amended by 60/1999 s 42(b)
s 45(3)
amended by 60/1999 s 42(c), (d)
s 47
s 47(2a)
inserted by 60/1999 s 43(a)
s 47(11) and (12)
deleted by 60/1999 s 43(b)
s 48
s 48(1)
deleted by 60/1999 s 44(a)
s 48(2)
amended by 60/1999 s 44(b)
s 48(2a)
inserted by 21/2017 s 11(1)
s 48(4)
amended by 60/1999 s 44(c)
s 48(5)
deleted by 60/1999 s 44(d)
s 48(7)
amended by 60/1999 s 44(e)
s 48(8)
inserted by 21/2017 s 11(2)
s 48A
inserted by 60/1999 s 45
Pt 5
Pt 5 Div 1
heading inserted by 62/1997 s 4
heading amended by 21/2017 s 12
s 55
s 55(1)
amended by 62/1997 s 5(a)
s 55(1a)
inserted by 62/1997 s 5(b)
s 55(3)
amended by 62/1997 s 5(c)
s 55(4)—(6)
substituted by 62/1997 s 5(d)
s 55AA
inserted by 21/2017 s 13
Pt 5 Div 2
inserted by 62/1997 s 6
Pt 5 Div 3
heading inserted by 62/1997 s 7
s 56
s 56(1)
amended by 62/1997 s 8
s 57
s 57(1)
amended by 62/1997 s 9(a), (b)
s 57(2)
amended by 62/1997 s 9(c)
amended by 21/2006 s 5
amended by 21/2017 s 14
s 57(2a)
inserted by 62/1997 s 9(d)
s 57(3)
amended by 62/1997 s 9(e)
s 57(4)
amended by 62/1997 s 9(f)
s 57(5)
amended by 62/1997 s 9(g)
s 57(7)
inserted by 62/1997 s 9(h)
s 58
s 58(1)
amended by 60/1999 s 48
s 58(2)
amended by 62/1997 s 10
amended by 21/2006 s 6
Pt 5A
inserted by 60/1999 s 49
Pt 6
s 59
s 59(1)
amended by 60/1999 s 50
substituted by 21/2006 s 7(1)
s 59(1a)—(1c)
s 59(1d)
amended by 21/2017 s 15(1)
s 59(1e)—(1g)
s 59(3)
substituted by 21/2006 s 7(2)
s 59(4)
inserted by 21/2006 s 7(2)
amended by 21/2017 s 15(2)
s 59(5)
inserted by 21/2006 s 7(2)
s 60
s 60(1)
amended by 60/1999 s 51
substituted by 21/2017 s 16
s 60(1a) and (1b)
inserted by 21/2017 s 16
s 60A
inserted by 21/2006 s 8
s 60B
inserted by 21/2017 s 17
s 61
s 61(1)
amended by 60/1999 s 52(a)
amended by 21/2006 s 9(1)
amended by 16/2013 s 22(1)
amended by 21/2017 s 18(1)
s 61(2)
substituted by 60/1999 s 52(b)
amended by 21/2006 s 9(2)
amended by 21/2017 s 18(2)—(5)
s 61(3)
deleted by 60/1999 s 52(b)
inserted by 21/2006 s 9(3)
amended by 21/2017 s 18(6)
s 61(4)
inserted by 21/2006 s 9(3)
amended by 16/2013 s 22(2)
s 61A
inserted by 21/2006 s 10
amended by 16/2013 s 23
s 61B
inserted by 21/2017 s 19
s 62
s 62(1)
amended by 21/2006 s 11(1), (2)
amended by 21/2017 s 20(1), (2)
s 62(2)
amended by 60/1999 s 53(a)
amended by 21/2006 s 11(3), (4)
amended by 21/2017 s 20(3)
s 62(4)
amended by 60/1999 s 53(b)
substituted by 21/2017 s 20(4)
s 62A
inserted by 21/2006 s 12
s 62A(3)
inserted by 21/2017 s 21
s 62B
inserted by 21/2006 s 12
s 62B(3)
inserted by 21/2017 s 22
s 63
amended by 21/2006 s 13
substituted by 21/2017 s 23
Pt 6A
inserted by 55/2012 s 18
Pt 7
Pt 7 Div A1
inserted by 19/2002 s 18
s 63A before substitution by 21/2017
s 63A(1)
amended by 55/2012 s 19(1)
s 63A(2)
amended by 55/2012 s 19(2)
s 63A
substituted by 21/2017 s 24
s 63AB
s 63AB(1)
amended by 25/2020 s 4
s 63B
inserted by 21/2017 s 24
s 63BA
s 63B redesignated as s 63BA by 21/2017 s 25
ss 63BB and 63BC
inserted by 21/2017 s 26
Pt 7 Div A2
inserted by 19/2002 s 18
Pt 7 Div A3
inserted by 21/2017 s 27
Pt 7 Div 1
s 64
s 64(1)
amended by 60/1999 s 54(a)
s 64(3)
substituted by 60/1999 s 54(b)
s 64(4)
inserted by 60/1999 s 54(b)
amended by 19/2002 s 19
s 65
s 65(3) and (4)
amended by 60/1999 s 55
s 66
s 66(1)
amended by 60/1999 s 56(a)
s 66(3)
amended by 60/1999 s 56(b), (c)
Pt 7 Div 2
s 69 before substitution by 21/2017
s 69(2)
amended by 60/1999 s 57(a)
s 69(4)
amended by 60/1999 s 57(b)
s 69
substituted by 21/2017 s 28
s 70
s 70(3)
amended by 60/1999 s 58
amended by 21/2017 s 29(1), (2)
s 71
s 71(3)
amended by 60/1999 s 59
substituted by 21/2017 s 30
s 72
s 72(1)
amended by 21/2006 s 14(1), (2)
amended by 21/2017 s 31(1), (2)
s 72(2)
amended by 60/1999 s 60(a)
amended by 21/2006 s 14(3), (4)
amended by 21/2017 s 31(3)
s 72(4)
amended by 60/1999 s 60(b)
substituted by 21/2017 s 31(4)
s 72(5)—(7)
inserted by 21/2017 s 31(4)
s 73
s 73(3)
amended by 60/1999 s 61
s 73(4)
deleted by 21/2017 s 32
Pt 7 Div 3
inserted by 21/2017 s 33
Pt 8
amended by 62/1997 s 11
substituted by 60/1999 s 62
heading
amended by 51/2017 s 65
s 74
deleted by 19/2002 Sch
s 75
s 75(1)
(c) deleted by 19/2002 s 20(a)
amended by 21/2017 s 34(1)
s 75(1a)
inserted by 21/2017 s 34(2)
s 75(2)
(e)(ii) deleted by 19/2002 s 20(b)
s 75(3)—(7)
s 76 before substitution by 21/2017
s 76(1)
amended by 4/2000 s 9(1) (Sch 1 cl 12(a))
s 76(2)
amended by 4/2000 s 9(1) (Sch 1 cl 12(b))
s 76(3)
s 76(4)
deleted by 4/2000 s 9(1) (Sch 1 cl 12(c))
s 76(5)
substituted by 4/2000 s 9(1) (Sch 1 cl 12(d))
s 76
substituted by 21/2017 s 35
substituted by 51/2017 s 66
s 77
amended by 51/2017 s 67
Pt 9
s 80
substituted by 60/1999 s 63
s 80(1)
amended by 19/2002 s 21
s 80(1a)
inserted by 21/2006 s 15(1)
amended by 21/2017 s 36
s 80(2)
substituted by 21/2006 s 15(1)
s 80(3)
amended by 21/2006 s 15(2)
s 80(6) and (7)
inserted by 55/2012 s 20
s 80A
inserted by 60/1999 s 63
s 80A(1)
s 81
amended by 60/1999 s 64
s 81A
inserted by 60/1999 s 65
s 82
s 82(1)
amended by 62/1997 s 12(a)
s 82(3)
amended by 62/1997 s 12(b)
s 83
s 83(1)
amended by 62/1997 s 13(a)
s 83(6)
amended by 62/1997 s 13(b)
s 84
s 84(1)
amended by 16/2013 s 24
s 84(2)
amended by 21/2017 s 37(1)
s 84(3)
substituted by 21/2017 s 37(2)
s 84(4)
inserted by 21/2017 s 37(2)
s 85
s 85(1)
amended by 16/2013 s 25
s 85(2)
amended by 21/2006 s 16
s 90
amended by 60/1999 s 66
s 91
amended by 71/1997 s 9
amended by 60/1999 s 67
amended by 19/2002 s 22, Sch
amended by 32/2009 s 22
s 91A
inserted by 24/2011 s 8
s 91B
inserted by 21/2017 s 38
s 92
s 92(2a)
inserted by 21/2017 s 39
s 92(3)
inserted by 16/2013 s 26
s 93
substituted by 16/2013 s 27
s 93A
inserted by 21/2017 s 40
s 94
s 94(1)
amended by 60/1999 s 68
s 94A
inserted by 19/2002 s 23
s 94B
inserted by 19/2009 s 4
3.9.2009
s 94B(1)
amended by 25/2020 s 5(1)
s 94B(2)
amended by 25/2020 s 5(2)
s 94B(3)
amended by 25/2020 s 5(3)
s 94B(12)
amended by 25/2020 s 5(4)
s 94B(13)
amended by 25/2020 s 5(5)
s 94B(15)
relevant electricity retailer
substituted by 55/2012 s 21
s 95 before deletion by 84/2009
s 95(1)
amended by 60/1999 s 69
s 95
deleted by 84/2009 s 111
s 96
s 96(2)
amended by 62/1997 s 14
amended by 60/1999 s 70(a), (b)
amended by 19/2002 s 24(a), Sch
s 96(3)
amended by 60/1999 s 70(c)
amended by 19/2002 s 24(b)
s 96(3a)
inserted by 60/1999 s 70(d)
amended by 19/2002 s 24(c)
s 97
s 97(1)
amended by 21/2017 s 41
s 97(2)
amended by 60/1999 s 71
s 98
s 98(2)
amended by 60/1999 s 72(a), (c)
(d) deleted by 60/1999 s 72(b)
(d) inserted by 32/2009 s 23
amended by 55/2012 s 22
amended by 21/2017 s 42
s 98(2a)
s 98(2b)
deleted by 19/2002 s 25
s 98(2c)
s 98(3)
amended by 60/1999 s 72(e)
amended by 21/2006 s 17
Sch 1
substituted by 60/1999 s 73
amended by 51/2000 s 3
expired: Sch 1 cl 2(2)—omitted under Legislation Revision and Publication Act 2002
(31.12.2002)
Sch 1A
inserted by 60/1999 s 73
deleted by 51/2017 s 68
Sch 2
cl 2
amended by 71/1997 s 10
deleted by 60/1999 s 74
Transitional etc provisions associated with Act or amendments
Electricity (Pricing Order and Cross-ownership) Amendment Act 2000
4—Exclusion of Crown liability in relation to electricity pricing order
(1) No liability (including contractual liability) is incurred by the Crown in connection with the variation of the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471.
Crown includes a Minister of the Crown, an instrumentality of the Crown or an officer or employee of the Crown or an instrumentality of the Crown, but does not include a contractor, or an officer or employee of a contractor, engaged by the Crown.
Electricity (Pricing Order) Amendment Act 2003
4—Exclusion of Crown liability in relation to electricity pricing order
(1) No liability (including contractual liability) is incurred by the Crown in connection with the further variation of the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471.
Crown includes a Minister of the Crown, an instrumentality of the Crown or an officer or employee of the Crown or an instrumentality of the Crown, but does not include a contractor, or an officer or employee of a contractor, engaged by the Crown.
Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions
Note—
Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.
1—Interpretation
In this Part, unless the contrary intention appears—
Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;
employing authority means—
(a) subject to paragraph (b)—the person who is the employing authority under a relevant Act;
(b) in a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;
Industrial Commission means the Industrial Relations Commission of South Australia;
prescribed body means—
(a) the Aboriginal Lands Trust;
(b) the Adelaide Cemeteries Authority;
(c) the Adelaide Festival Centre Trust;
(d) the Adelaide Festival Corporation;
(e) SA Ambulance Service Inc;
(f) the Minister to whom the administration of the Children's Services Act 1985 is committed;
(g) the Minister to whom the administration of the Education Act 1972 is committed;
(h) the Electricity Supply Industry Planning Council;
(i) a body constituted under the Fire and Emergency Services Act 2005;
(j) the History Trust of South Australia;
(k) the Institute of Medical and Veterinary Science;
(l) a regional NRM board constituted under the Natural Resources Management Act 2004;
(m) the Senior Secondary Assessment Board of South Australia;
(n) the South Australian Country Arts Trust;
(o) the South Australian Film Corporation;
(p) the South Australian Health Commission;
(q) an incorporated hospital under the South Australian Health Commission Act 1976;
(r) an incorporated health centre under the South Australian Health Commission Act 1976;
(s) the South Australian Motor Sport Board;
(t) the South Australian Tourism Commission;
(u) The State Opera of South Australia;
(v) the State Theatre Company of South Australia;
(w) the Minister to whom the administration of the Technical and Further Education Act 1975 is committed;
relevant Act means—
(a) in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;
(b) in a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;
(c) in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.
2—Transfer of employment
(1) Subject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).
(2) The following persons will, on the commencement of this clause, be taken to be employed as follows:
(a) a person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);
(b) a person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;
(c) a person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;
(d) a person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.
(3) Subject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).
(4) Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—
(a) will be taken to provide for continuity of employment without termination of the relevant employee's service; and
(b) will not affect—
(i) existing conditions of employment or existing or accrued rights to leave; or
(ii) a process commenced for variation of those conditions or rights.
(5) If, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—
(a) with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and
(b) with any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,
subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).
(6) Where an award or enterprise agreement is created by virtue of the operation of subclause (5)—
(a) the award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and
(b) the Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and
(c) the Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.
3—Superannuation
(1) If a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.
(2) Nothing that takes effect under subclause (1)—
(a) constitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(b) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,
and subclause (1) may have effect despite any other Act or law.
(3) An amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).
4—Interpretative provision
(1) The Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.
(2) A proclamation under subclause (1) may effect a transfer of functions or powers.
5—Related matters
(1) A notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.
(2) A notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.
(3) A notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.
(4) A notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.
(5) The fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).
6—Other provisions
(1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
(3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.
Statutes Amendment (Australian Energy Market Operator) Act 2009, Sch 1
Part 1—Transitional provisions—Electricity market
Division 1—Preliminary
1—Preliminary
In this Part, unless the contrary intention appears—
asset means tangible or intangible real or personal property of any description and includes—
(a) a present, future or contingent legal or equitable interest in real or personal property;
(b) a chose in action;
(c) a right, power, privilege or immunity;
(d) goodwill;
(e) a security;
(f) money;
(g) documents;
(h) information (including data and records) in any form;
business day means any day except a Saturday, Sunday or public holiday;
designated entity means—
(a) AEMO; or
(b) the relevant Minister;
ESIPC means the Electricity Supply Industry Planning Council;
liability means a monetary or non‑monetary obligation and includes a future or contingent obligation;
principal Act means the Electricity Act 1996;
property includes intellectual property;
relevant day means a day appointed by the relevant Minister by notice in the Gazette as the relevant day for the purposes of the provision in which the term is used;
relevant Minister means the Minister responsible for the administration of the principal Act;
Technical Regulator means the Technical Regulator under the principal Act.
Division 2—Reporting requirements and financial statements—ESIPC
2—Reporting and financial requirements—ESIPC
(1) AEMO must comply with any requirement that would have applied to or in relation to ESIPC with respect to ESIPC's operations before the relevant day had the repeal of Part 2 Division 2 of the principal Act not been effected by this Act—
(a) to ensure that proper accounts are maintained and financial statements prepared and finalised with respect to any financial year; and
(b) to ensure that financial statements are delivered to the Auditor‑General for auditing (together with any relevant certificates, information or material); and
(c) to prepare and deliver any annual or other reports.
(2) AEMO, or the Chief Executive of AEMO, may take such steps as are reasonably necessary in order to comply with subclause (1) (including by assuming control of any accounts, statements or other documents or materials or by providing any certificate, information or statement).
Division 3—Assignment or provision of information
3—Assignment of information held by ESIPC
(1) Despite any other Act or law, the documents and other information (including data and records) in any form held by ESIPC immediately before the relevant day (designated information) will be assigned by force of this clause to—
(a) in the case of designated information directly relevant to the functions of AEMO—AEMO;
(b) in the case of designated information directly relevant to the functions of the relevant Minister—the relevant Minister;
(c) in the case of designated information directly relevant to the functions of the Technical Regulator appointed under the principal Act—the Technical Regulator;
(d) in the case of any other designated information—the relevant Minister or, if so determined by the relevant Minister, another person or entity specified by the relevant Minister.
(2) Any person or entity to which designated information is assigned under this clause will hold that designated information on the same basis as it was being held by ESIPC immediately before the relevant day.
(3) It follows that—
(a) if the designated information was confidential in the hands of ESIPC immediately before the relevant day, it remains confidential in the hands of the person or entity to which it is assigned; and
(b) the person or entity must deal with any designated information in the same way as if it has been acquired or produced by the person or entity rather than ESIPC.
(4) Despite a preceding subclause, AEMO, the relevant Minister and the Technical Regulator may provide any information obtained under this clause to each other and, in doing so, will not be acting in breach of any confidence and will not be subject to any other form of limitation that may have applied to ESIPC.
4—Provision of information under a licence
A reference in a licence under the principal Act relating to the provision of information by an electricity entity to ESIPC will, on the relevant day, be taken to be a reference to the provision of information to AEMO.
Division 4—Transfer of assets and liabilities—ESIPC
5—Ministerial orders
(1) The relevant Minister may, by instrument in writing (an allocation order), transfer—
(a) specified assets or liabilities of ESIPC to AEMO or to the relevant Minister;
(b) specified classes of assets or liabilities of ESIPC to AEMO or to the relevant Minister;
(c) all assets and liabilities of ESIPC, other than specified classes of assets or liabilities, to AEMO;
(d) all assets and liabilities of ESIPC, or all remaining assets and liabilities of ESIPC, to AEMO.
(2) An allocation order takes effect from a date (which may be earlier than the date of the order) specified in the order.
(3) If it appears to the relevant Minister that assets or liabilities should not have been transferred to AEMO under this clause, the Minister may, by instrument in writing (a claw back order), transfer assets or liabilities transferred under this clause from AEMO to the relevant Minister or to another person or entity specified by the relevant Minister.
(4) A claw back order—
(a) must be made within 12 months after the date of the allocation order; and
(b) takes effect from a date (which may be earlier than the date of the order) specified in the order.
(5) The relevant Minister must, at least 20 business days before making a claw back order, give AEMO written notice of the relevant Minister's intention to make the order.
(6) The relevant Minister may make an allocation order, or a claw back order, in relation to assets or liabilities situated outside South Australia.
(7) An allocation order or a claw back order may be made on conditions specified in the order.
6—Effect of transfer order
(1) On the relevant date, assets and liabilities vest in the transferee named in a transfer order in accordance with the order.
(2) If a transfer order provides for the transfer of the transferor's interest in an agreement—
(a) the transferee becomes on the relevant date a party to the agreement in place of the transferor; and
(b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.
(3) In this clause—
relevant date means, in relation to an allocation order or a claw back order, the date specified in the order for the order to take effect;
transfer order means an allocation order or a claw back order under clause 5;
transferor means the person from whom assets or liabilities are transferred by a transfer order.
7—Continued effect of certain acts by ESIPC
Anything done, or omitted to be done, by ESIPC in relation to assets or liabilities transferred to a designated entity under this Division is, if it continues to have effect as at the date of the transfer, taken to be the designated entity's act or omission.
8—Continuation of proceedings
Proceedings commenced before the date of transfer by or against ESIPC in relation to an asset or liability transferred to a designated entity under this Division may be continued and completed by or against the designated entity.
9—Evidence of transfer
A written notice signed by the relevant Minister stating that a specific transfer of assets or liabilities has been made under this Division is conclusive evidence of the transfer.
10—References
(1) A reference in an instrument or other document to ESIPC in connection with an asset or liability transferred to a designated entity under this Division is, from the date of transfer, taken to be a reference to the designated entity.
(2) Subclause (1) does not apply to any instrument or document, or instrument or document of a specified class, excluded from the operation of that subclause by the relevant Minister by notice in the Gazette.
11—Parties to transfer must do anything necessary to perfect transfer
(1) AEMO must accept assets and liabilities transferred to it under this Division.
(2) The relevant Minister may direct AEMO's directors to accept, on AEMO's behalf, a transfer of assets or liabilities under this Division.
(3) AEMO must take necessary action to perfect a transfer of assets or liabilities under this Division.
(4) The relevant Minister may direct the directors of AEMO to ensure that AEMO complies with an obligation under subclause (3).
12—Agreements
(1) As from the relevant day, AEMO succeeds to ESIPC's powers, rights, obligations and liabilities under any agreement or other instrument related to an electricity market of which AEMO assumes the operation.
(2) A reference in an agreement or other instrument within the ambit of subclause (1) continues to have effect in accordance with its terms as if any reference to ESIPC were a reference to AEMO (and AEMO will be taken to be a party to the agreement or other instrument, and to always have been such a party).
Division 5—Instruments made by ESIPC
13—Instruments made by ESIPC
(1) Unless the context otherwise requires, a procedure, guideline, directive, approval, determination or other instrument of a legislative or administrative character—
(a) made by ESIPC under the principal Act; and
(b) in force immediately before the relevant day,
continues in force, subject to amendment or revocation by AEMO, as if made by AEMO.
(2) Subclause (1) does not apply to any instrument, or instrument of a specified class, excluded from the operation of that subclause by the relevant Minister by notice in the Gazette.
Part 3—Related matters
28—Corporations Act displacement
To the extent that any provision of this Schedule is incapable of concurrent operation with a provision of the Corporations Act 2001 of the Commonwealth (a designated Commonwealth provision), the provision of this Schedule is declared to be a Corporations legislation displacement provision for the purposes of section 5G of that Act in relation to the designated Commonwealth provision.
Note—
Section 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
29—Validity and effect of steps taken under Schedule
(1) Nothing done under this Schedule—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right of remedy in respect of or to terminate any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or
(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other obligor wholly or in part from any obligation; or
(h) gives rise to any right or entitlement to damages or compensation.
(2) The transfer of a liability of an entity under this Part releases the entity from the liability.
(3) If the books or records of an entity are transferred to AEMO under this Part, AEMO must—
(a) preserve the books and records for at least 7 years; and
(b) allow—
(i) the entity and, if relevant, any director or former director of the entity; and
(ii) any other person authorised by the relevant Minister,
reasonable access to the books and records.
(4) In this clause—
relevant Minister means the Minister responsible for the administration of the Electricity Act 1996.
30—Exemption from taxes
Any stamp duty or other tax imposed by or under a law of this State is not payable in relation to a transfer of assets or liabilities under this Schedule.
Electricity (Miscellaneous) Amendment Act 2011, Sch 1—Transitional provisions
1—Preliminary
(1) In this Schedule—
Commission means the Essential Services Commission established under the Essential Services Commission Act 2002;
new Division 3AB means Part 3 Division 3AB of the Electricity Act 1996 (as substituted by this Act);
prescribed qualifying customer means a qualifying customer in relation to a generator where—
(a) permission to connect to a distribution network for the purpose of feeding‑in electricity generated by the generator as a qualifying generator in accordance with section 36AB(1)(a) of the Electricity Act 1996 (as in existence immediately before the commencement of this Act) has been obtained before 1 September 2010; and
(b) the generator has fed electricity into the network as a qualifying generator within 6 months after the commencement of this Act,
(but if the generator is, on or after 1 September 2010—
(c) altered in a manner that increases the capacity of the generator to generate electricity; or
(d) disconnected and moved to another site,
then the status of the person as a prescribed qualifying customer in relation to that generator will no longer apply under this Schedule).
(2) Terms used in this Schedule and also in new Division 3AB have the same meanings in this Schedule as they have in new Division 3AB.
2—Existing qualifying customers
A prescribed qualifying customer—
(a) will be entitled to receive the credits under new Division 3AB in respect of excluded electricity (if any) generated by a qualifying generator; and
(b) will be taken to be a Category 1 qualifying customer under section 36AE (as enacted as part of new Division 3AB) with respect to a qualifying generator; and
(c) will not be subject to the operation of section 36AE(2), (3), (4) and (5) (as enacted as part of new Division 3AB) with respect to a qualifying generator.
3—Commencement of certain provision
Until the commencement of section 36AD as substituted by this Act, section 36AD(2) of the Electricity Act 1996, as in existence immediately before the commencement of this Act, continues to apply to electricity entities holding licences to sell electricity as retailers to qualifying customers (as if this Act had not been enacted).
4—Initial determination of prescribed amount by Commission
(1) The Commission must, after the commencement of this clause, make an initial determination in relation to the credits payable by a retailer for the feeding‑in of electricity into a distribution network under section 36AD of the Electricity Act 1996 (as to be inserted into that Act as part of new Division 3AB).
(2) Despite the amendments effected by section 6 of this Act and the provisions of the Essential Services Commission Act 2002, an initial determination—
(a) will be made after the Commission has adopted such processes as the Commission thinks fit; and
(b) may be based on such principles, policies and other factors as the Commission thinks appropriate; and
(c) will be made by the Commission by notice in the Gazette; and
(d) will be binding on the electricity entities to which it is expressed to apply; and
(e) must be made within 6 months from the commencement of this clause.
(3) An amount determined under this clause will be taken to be an amount determined under section 35A of the Electricity Act 1996 for the purposes of the definition of prescribed amount in new Division 3AB.
Statutes Amendment (Electricity and Gas) Act 2017
43—Transitional provisions
(1) An amendment to section 22, 23 or 24A of the principal Act effected by a provision of this Act applies to a licence granted under the principal Act, or the holder of a licence under the principal Act, whether the licence was granted before or after the commencement of the relevant provision (and any existing licence is taken to be modified accordingly).
(2) In particular, a reference to the Commission in a condition relating to section 22(1)(c)(ii) or section 23(1)(c)(ii) of the principal Act under a licence in force immediately before the commencement of section 7 or 8 of this Act (as the case requires) will be taken, on the commencement of the relevant section, to be a reference to the Technical Regulator (but nothing in this subsection is to be taken to require a licence holder to obtain a fresh approval to an existing safety, reliability, maintenance and technical management plan).
(3) For the purposes of the preceding subsections, the Commission may, as it thinks fit, issue to the holder of a licence under the principal Act in force immediately before the commencement of a provision of this Act a replacement copy of the licence in order to take account of modifications effected by the provision.
(4) In this section—
principal Act means the Electricity Act 1996.
Statutes Amendment (SATAC No 2) Act 2017, Pt 12
69—Transitional provisions
(1) A right of appeal to the District Court under section 76 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Court.
(2) Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
(3) A member of the expert panel holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (and no right of action will arise against a Minister or the State on account of that termination).
(4) In this section—
expert panel means the panel established under Schedule 1A of the principal Act as in force immediately before the relevant day;
principal Act means the Electricity Act 1996;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
Historical versions
Reprint No 1—1.1.1998