SCHEDULE 2 - Transitional provSCHEDULE 2 - Transitional provisions

# SCHEDULE 2 - Transitional prov SCHEDULE 2 - Transitional provisions [Section 25](#GS25@EN) > **1.   **Interpretation**** > > > In this Schedule, unless the contrary intention appears – > > > > > ***amend*** includes – > > > > > > > > (a) omit matter; and > > > > > > > > > (b) insert or add matter; and > > > > > > > > > (c) omit matter and substitute other matter; > > > > > ***Enterprises Corporation*** means the HEC Enterprises Corporation; > > > > > ***former Act*** means the [HEC Enterprises Corporation Act 1995](/view/html/inforce/2026-04-12/act-1995-046) ; > > > > > ***maximum prices*** has the same meaning as in the [Government Prices Oversight Act 1995](/view/html/inforce/2026-04-12/act-1995-048) ; > > > > > ***transferred business*** has the same meaning as in [section 10](#GS10@EN) ; > > > > > ***transferred employee*** means a person who becomes an employee of an electricity company by reason of [clause 3](#JS2@GC3@EN) . > **2.   **Directors of Hydro-Electric Corporation**** > > > > (1) The appointment of a person as a director of the Hydro-Electric Corporation is revoked on that person's appointment as a director of a company. > > > > > (2) A person is not entitled to any compensation or other payment in respect of the revocation of an appointment under [subclause (1)](#JS2@GC2@Gc1@EN) despite anything to the contrary in the instrument of the appointment. > **3.   **Transfer of staff**** > > > > (1) After consulting with the chief executive officer of the Hydro-Electric Corporation and such persons employed by that Corporation as may be affected by the formation of a company, the Director of Public Sector Management may, by notice served on such a person, transfer the employment of that person to that company on and from the day specified in the notice. > > > > > (2) Without limiting the ways in which consultation with persons may be undertaken for the purposes of [subclause (1)](#JS2@GC3@Gc1@EN) , consultation may be undertaken by consulting the representatives of persons. > > > > > (3) On the day specified in the notice as the day on which the employment of a person is transferred – > > > > > > > > (a) that person, if he or she has been served with that notice, becomes an employee of the company specified in the notice; and > > > > > > > > > (b) that company becomes the employer of that person; and > > > > > > > > > (c) the employment of that person with the Hydro-Electric Corporation is terminated. > > > > > (4) A transferred employee – > > > > > > > > (a) is taken to have been employed by the company for the same remuneration as he or she was receiving immediately before the transfer; and > > > > > > > > > (b) except where an award, agreement or any other law otherwise provides, retains all existing and accrued rights as if employment as an employee of the company were a continuation of employment with the Hydro-Electric Corporation; and > > > > > > > > > (c) is entitled to claim those rights against the company; and > > > > > > > > > (d) is not entitled to any compensation in respect of the change of employer. > > > > > (5) Any award or agreement relating to a transferred employee continues to apply to the transferred employee, except where another award or agreement or any other law otherwise provides, and for that purpose a reference in the award or agreement to the Hydro-Electric Corporation is taken to be or to include a reference to the company. > > > > > (6) The period of service of the transferred employee with the Hydro-Electric Corporation is taken to be service as an employee of the company. > > > > > (7) Nothing in this clause prevents any of the terms of employment of a transferred employee being altered by an award, agreement or law after he or she becomes the employee of the company. > > > > > (8) If the [Long Service Leave (State Employees) Act 1994](/view/html/inforce/2026-04-12/act-1994-013) applied to a transferred employee immediately before the incorporation day, that Act continues to apply to the transferred employee unless – > > > > > > > > (a) he or she gives written notice to the company that he or she elects that that Act not apply; or > > > > > > > > > (b) an award or agreement provides otherwise. > **4.   **Licensing of company**** > > > The company is taken to hold a licence necessary under the [Electricity Supply Industry Act 1995](/view/html/inforce/2026-04-12/act-1995-058) for the company to operate any or any part of its transferred business until the first of the following occurs: > > > > > > (a) the period of 6 months commencing on the incorporation day ends; > > > > > > > (b) the company is issued under that Act with a licence relating to the operation of that transferred business or part of transferred business. > **5.   **Pricing policies**** > > > > (1) The Minister may make one or more orders specifying the maximum prices that may be charged by the Hydro-Electric Corporation or a company in respect of, or in connection with, the supply of electricity. > > > > > (2) The maximum prices specified in an order under [subclause (1)](#JS2@GC5@Gc1@EN) must not exceed the maximum prices specified in the *Government Prices Oversight (Electricity Prices) Order 1996*. > > > > > (3) An order under [subclause (1)](#JS2@GC5@Gc1@EN)  – > > > > > > > > (a) may commence on the day the making of the order is notified in the *Gazette* or a later day, as specified in the order; and > > > > > > > > > (b) may amend or revoke the *Government Prices Oversight (Electricity Prices) Order 1996*; and > > > > > > > > > (c) expires on 31 December 1999; and > > > > > > > > > (d) is taken to be an order under [section 36(2) of the](/view/html/inforce/2026-04-12/act-1995-048#GS36@Gs2@EN) [Government Prices Oversight Act 1995](/view/html/inforce/2026-04-12/act-1995-048) . > > > > > (4) [Section 36(3)(c), (4) and (4A) of the](/view/html/inforce/2026-04-12/act-1995-048#) [Government Prices Oversight Act 1995](/view/html/inforce/2026-04-12/act-1995-048) does not apply in respect of an order under [subclause (1)](#JS2@GC5@Gc1@EN) . > **6.   **Directors of Enterprises Corporation**** > > > > (1) On the repeal of the former Act – > > > > > > > > (a) the board of directors of the Enterprises Corporation is dissolved; and > > > > > > > > > (b) the appointments of the directors and acting directors of the Enterprises Corporation are revoked. > > > > > (2) A person is not entitled to any compensation or other payment in respect of the revocation of an appointment under [subclause (1)(b)](#JS2@GC6@Gc1@Hpb@EN) despite anything to the contrary in the terms of the appointment. > **7.   **Property, documents and legal proceedings of or relating to Enterprises Corporation**** > > > > (1) On the repeal of the former Act – > > > > > > > > (a) any property vested in or belonging to the Enterprises Corporation immediately before that repeal vests in or belongs to the Hydro-Electric Corporation; and > > > > > > > > > (b) any liabilities of the Enterprises Corporation immediately before that repeal become the liabilities of the Hydro-Electric Corporation. > > > > > (2) On and after the repeal of the former Act – > > > > > > > > (a) any legal proceedings commenced by or against the Enterprises Corporation and pending immediately before that repeal are taken to have been commenced by or against the Hydro-Electric Corporation; and > > > > > > > > > (b) any legal proceedings that may have been commenced by or against the Enterprises Corporation immediately before that repeal may be commenced by or against the Hydro-Electric Corporation; and > > > > > > > > > (c) a judgment or order of a court obtained before that repeal by or against the Enterprises Corporation may be enforced by or against the Hydro-Electric Corporation; and > > > > > > > > > (d) a document addressed to the Enterprises Corporation may be served on the Hydro-Electric Corporation; and > > > > > > > > > (e) a reference to the Enterprises Corporation in a document having effect immediately before that repeal is taken – > > > > > > > > > > > > (i) to be a reference to the Hydro-Electric Corporation; or > > > > > > > > > > > > > (ii) to include a reference to the Enterprises Corporation – > > > > > > > > > > as the case requires; and > > > > > > > > > (f) a contract made or entered into before that repeal by the Enterprises Corporation but not performed or discharged before that repeal is taken to have been made or entered into by the Hydro-Electric Corporation. > > > > > (3) A person who is a party to a contract is not entitled to – > > > > > > > > (a) terminate that contract; or > > > > > > > > > (b) claim that there has been a breach or default of the contract; or > > > > > > > > > (c) claim any remedy – > > > > > > by reason only of the transfer by this clause of property or liabilities to which that contract relates, or arising from that contract, from the Enterprises Corporation to the Hydro-Electric Corporation. > > > > > (4) Any tax, duty, fee or charge under any law of Tasmania is not payable in respect of – > > > > > > > > (a) the transfer by this clause of any property or liability from the Enterprises Corporation to the Hydro-Electric Corporation; or > > > > > > > > > (b) anything the Treasurer certifies as having been done as a consequence of that transfer. > > > > > (5) The Hydro-Electric Corporation must repay to the Crown by 30 June 1999 the allocation of $250 000 made by the Crown to the Enterprises Corporation. > > > > > (6) If the whole or any part of the sum referred to in [subclause (5)](#JS2@GC7@Gc5@EN) remains unpaid after 30 June 1999, that amount may be recovered as a debt due to the Crown in a court of competent jurisdiction.