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Part SCHEDULE 2 - Transitional prov - Electricity Companies Act 1997 - SCHEDULE 2 - Transitional provisions | Zoe

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Electricity Companies Act 1997

SCHEDULE 2 - Transitional provSCHEDULE 2 - Transitional provisions

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SCHEDULE 2 - Transitional prov SCHEDULE 2 - Transitional provisions

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 ;

maximum prices has the same meaning as in the Government Prices Oversight Act 1995 ;

transferred business has the same meaning as in section 10 ;

transferred employee means a person who becomes an employee of an electricity company by reason of clause 3 .

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) 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.

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) remains unpaid after 30 June 1999, that amount may be recovered as a debt due to the Crown in a court of competent jurisdiction.