1994Act means the *Energy Corporations (Transitional and Consequential Provisions) Act 1994*;

1994 Act means the *Energy Corporations (Transitional and Consequential Provisions) Act 1994*; asset means property of any kind whether tangible or intangible, real or personal, corporeal or incorporeal and includes without limitation — (a) a chose in action; (b) goodwill; (c) a right, interest or claim of any kind in or to property, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective; commencement day means the day on which Part 2 comes into operation; liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, and whether owed alone or jointly or jointly and severally with any other person; new corporation means one or more of — (a) the Electricity Generation Corporation; or (b) the Electricity Networks Corporation; or (c) the Electricity Retail Corporation; or (d) the Regional Power Corporation, as the case may require; principal Act means the *Electricity Corporation Act 1994* 2; records means registers, papers, documents, minutes, receipts, books of account and other records, however compiled, recorded or stored; right means any right, power, privilege or immunity whether actual, contingent or prospective; transfer order means an order made under section 147, as amended under section 153 or corrected under section 189(1), and includes any schedule to a transfer order; Western Power Corporation means the body corporate that was the corporation under the principal Act section 4(1) before that section was repealed by Schedule 5 clause 11. (2) For the purposes of this Part, a reference in an agreement or instrument to the Electricity Corporation referred to in the principal Act section 4(1) repealed by the *Statutes (Repeals and Minor Amendments) Act 2000* section 14(3) is to be taken to be or include a reference to Western Power Corporation, unless the context otherwise requires. ##### 143. Saving The operation of any provision of this Part is not to be regarded — (a) as a breach of contract or confidence or otherwise as a civil wrong; or (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or (c) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or (d) as causing any contract or instrument to be void or otherwise unenforceable; or (e) as releasing or allowing the release of any surety. ### Division 2 — Powers conferred on Minister ##### 144. Power for certain agreements to be made before commencement day (1) The purpose of this section is — (a) to provide for agreements to be made under subsection (2) before the commencement day; and (b) to bring into existence the bodies corporate referred to in section 4(1) to the limited extent necessary for those agreements to be made. (2) The Minister may, in the name and on behalf of each body corporate mentioned in subsection (1), agree in writing with Western Power Corporation, for the purposes of the *A New Tax System (Goods and Services Tax) Act 1999* of the Commonwealth section 38‑325, that the transfer of assets, rights and liabilities, or of some assets, rights and liabilities, to a new corporation under this Division is the supply of a going concern. (3) Western Power Corporation is authorised to enter into the agreements referred to in subsection (2). (4) By this section — (a) section 4(1) has effect; and (b) a body corporate referred to in that section is established, to the extent necessary for the purposes of subsection (2), but to no further extent. ##### 145. Minister may give directions (1) The Minister may give directions in writing to Western Power Corporation requiring it to take any step that the Minister considers necessary or convenient for achieving the purpose of this Part. (2) The reference in subsection (1) to the taking of any step includes refraining from taking any step that Western Power Corporation might otherwise take. (3) Without limiting subsection (1), a direction under that subsection may require Western Power Corporation to act in accordance with the instructions of a committee of persons appointed by the Minister and given responsibility for the implementation of reform in the electricity industry. (4) Western Power Corporation is to give effect to a direction under subsection (1) despite anything in the principal Act. (5) This section has effect despite the *Statutory Corporations (Liability of Directors) Act 1996* section 6(a). ##### 146. Directions to be laid before Parliament The Minister must, within 14 days after a direction is given under section 145(1), cause the text of the direction to be laid before each House of Parliament or dealt with under section 134. ### Division 3 — Passing of Western Power Corporation’s assets and liabilities to new corporations or the State #### Subdivision 1 — Making of transfer orders ##### 147. Minister to make order for allocation of assets and liabilities (1) As soon as is practicable after this section comes into operation the Minister is to make and publish in the *Gazette* one or more orders specifying — (a) how assets, rights and liabilities — (i) of Western Power Corporation; or (ii) of a kind referred to in section 150, are to be allocated among the new corporations; and (b) any proceedings in which one or more of the new corporations is to replace Western Power Corporation as a party or parties; and (c) the new corporation that, under section 158(b), is to receive the records described in that section. (2) An allocation under subsection (1)(a) may be made to — (a) a new corporation; or (b) one or more of the new corporations either jointly or as tenants in common in equal or unequal shares. (3) Without limiting subsection (1), an order under that subsection may — (a) provide for the allocation of income in respect of any asset; and (b) in respect of a particular liability, allocate a specified share of the liability to one or more of the new corporations; and (c) provide for the transfer, debiting, crediting or closing of, or for otherwise dealing with, any account, reserve, fund, provision, profit or liability for any levy; and (d) specify any person or thing by describing the person or thing as a member of a class; and (e) for any asset or right or class of assets or rights — (i) ascribe a value to; or (ii) provide for the manner in which a value is to be determined for, the asset or right or assets or rights of that class; and (f) for any liability or class of liabilities — (i) specify the amount of; or (ii) provide for the manner in which an amount is to be determined for, the liability or class of liabilities; and (g) contain such incidental or supplementary provisions as the Minister thinks fit. (4) Except where section 151 applies, a transfer order cannot be made after the commencement day. ##### 148. Order may provide for transfer to subsidiary (1) A transfer order may provide that — (a) an asset or right that is allocated to a new corporation is to vest in; or (b) a liability, or a share of a liability, that is allocated to a new corporation is to become the liability of, a subsidiary of the new corporation. (2) If a transfer order so provides, Western Power Corporation is to be taken — (a) to continue to hold the asset or right; or (b) to be liable for the liability, until a further order is made under section 155. ##### 149. Transfer order schedules A transfer order may allocate assets, rights or liabilities by reference to schedules in which they are specified, and those schedules — (a) need not be published in the *Gazette*; but (b) must be available for inspection by the public at a place identified in the order. ##### 150. Treatment of certain internal arrangements of Western Power Corporation (1) An instrument that provides for arrangements between different parts of the business and operations of Western Power Corporation may be specified in a transfer order as if it created contractual rights and liabilities. (2) An instrument specified as described in subsection (1) is to be regarded as if its provisions were contractual provisions between different legal entities. (3) The definitions of ***liability*** and ***right*** in section 142 include contractual liabilities and rights that are to be regarded as arising because of subsection (2), and those liabilities and rights may be dealt with accordingly under this Part. ##### 151. Power to make subsequent order (1) If for any reason it is not practicable to allocate any asset, right or liability to one or more of the new corporations under section 147 before the commencement day — (a) a transfer order is to specify that the asset, right or liability is to be allocated under this section; and (b) the Minister may make a further order under section 147 in respect of that asset, right or liability not later than 6 months after the commencement day. (2) An order under subsection (1) is to have effect from the commencement day. (3) Western Power Corporation is to be taken — (a) to continue to hold an asset or right; or (b) to be liable for a liability, to which subsection (1) applies until the further order is made. ##### 152. References in Government agreements Government agreement has the meaning given to that term in the *Government Agreements Act 1979* section 2. (2) A transfer order is to specify for each provision in a Government agreement in which there is — (a) a reference to Western Power Corporation; or (b) a reference to a body that under the 1994 Act section 49 is to be read as a reference to Western Power Corporation, whether that reference is to be read as a reference to — (c) a specified new corporation; or (d) 2 or more specified new corporations. (3) A transfer order may, where subsection (2)(d) applies, specify that a reference is to be read as a reference to new corporations jointly or as tenants in common in equal or unequal shares. (4) Subsection (2) does not apply to a provision of a Government agreement that is spent or has had its effect. ##### 153. Amendment of transfer orders (1) The Minister may, before the commencement day, by further order published in the *Gazette*, amend a transfer order. (2) The Minister may, after the commencement day, by order published in the *Gazette* — (a) make any provision that is necessary to rectify any unintentional omission from a transfer order; or (b) amend a provision of a transfer order of the kind provided for by section 147(3)(e), (f) or (g) or section 152. (3) An order under subsection (2) may be made so as to have effect from the commencement day. (4) To the extent that a provision of an order under subsection (2) has effect on a day that is earlier than the day of its publication in the *Gazette*, the provision does not operate so as — (a) to affect, in a manner prejudicial to any person (other than the State or a new corporation), the rights of that person existing before the day of its publication; or (b) to impose liabilities on any person (other than the State or a new corporation) in respect of anything done or omitted to be done before the day of publication. #### Subdivision 2 — Operation of transfer orders ##### 154. Allocation to one new corporation (1) This section applies where assets, rights or liabilities of Western Power Corporation are allocated to a new corporation by a transfer order. (2) On the commencement day the assets and rights vest in the new corporation by force of this subsection. (3) On the commencement day the liabilities (including a share of a liability) become, by force of this subsection, the liabilities of the new corporation. (4) Any agreement or instrument relating to the assets, rights and liabilities referred to in subsections (2) and (3) has effect on and after the commencement day, by force of this subsection, as if a reference to the relevant new corporation were substituted in the agreement or instrument for a reference to — (c) any provision of a transfer order made under section 147(3)(b); or (d) section 159; or (e) the relevant context, (5) Subject to any provision of a transfer order made under section 147(3)(b), any proceedings or remedy that, before the commencement day, might have been — Western Power Corporation in relation to the assets, rights and liabilities referred to in subsections (2) and (3), on and after that day — (c) may be commenced by the relevant new corporation; and (d) are available against or to the relevant new corporation. (6) Any act, matter or thing — before the commencement day by, to or in respect of Western Power Corporation in relation to the assets, rights and liabilities referred to in subsections (2) and (3) is to be taken, on and after that day, to have been — by, to or in respect of the relevant new corporation, to the extent that the act, matter or thing has any force or effect. (7) All other provisions of a transfer order relevant to this section also have effect on and after the commencement day. ##### 155. Order for transfer to subsidiary (1) If a transfer order makes a provision under section 148, the Minister may after the commencement day by order published in the *Gazette*, declare that — (a) the relevant asset or right is vested in; or (b) the relevant liability, or share of a liability, has become the liability of, a specified subsidiary of the new corporation. (2) An order cannot be made under subsection (1) later than 6 months after the commencement day. (3) An order under subsection (1) has effect according to its tenor. (4) If an order is made under this section — (a) section 154(4), (5) and (6) have effect, with all necessary changes, in relation to any asset, right or liability referred to in the order as if references to “the relevant new corporation” were references to the subsidiary concerned; and (b) Western Power Corporation must, as soon as is practicable after the order is made, deliver to the subsidiary all records relating to the assets, rights and liabilities to which the order applies. ##### 156. Allocation to more than one new corporation (1) This section applies where assets, rights or liabilities of Western Power Corporation are allocated by a transfer order to 2 or more of the new corporations. (2) On the commencement day, the assets and rights allocated to 2 or more of the new corporations jointly vest in those corporations jointly by force of this subsection. (3) On the commencement day, the assets and rights allocated to 2 or more of the new corporations as tenants in common, by force of this subsection, vest in those corporations as tenants in common in the shares specified in a transfer order. (4) On the commencement day, the liabilities allocated to 2 or more of the new corporations jointly by a transfer order become, by force of this subsection, the liabilities of those corporations jointly. (5) Any agreement or instrument relating to the assets, rights and liabilities referred to in subsections (2), (3) and (4) has effect on and after the commencement day, by force of this subsection, as if a reference to the relevant new corporations were substituted in the agreement or instrument for a reference to — (c) any provision of a transfer order made under section 147(3)(b); or (d) section 159; or (e) the relevant context, (6) Subject to any provision of a transfer order made under section 147(3)(b), any proceedings or remedy that, before the commencement day, might have been — Western Power Corporation in relation to the assets, rights and liabilities referred to in subsections (2), (3) and (4), on and after that day — (c) may be commenced by; and (d) are available against or to, the relevant new corporations jointly or severally in accordance with a transfer order. (7) Any act, matter or thing — before the commencement day by, to or in respect of Western Power Corporation in relation to the assets, rights and liabilities referred to in subsections (2), (3) and (4) is to be taken, on and after that day, to have been — by, to or in respect of the relevant new corporations jointly or severally in accordance with the transfer order, to the extent that that act, matter or thing has any force or effect. (8) All other provisions of a transfer order relevant to this section also have effect on and after the commencement day. ##### 157. Replacement of Western Power Corporation in proceedings (1) In accordance with any provision of a transfer order made under section 147(1)(b), on and after the commencement day — (a) a new corporation is a party; or (b) 2 or more of the new corporations jointly are parties, as the case may be, to any proceedings by or against Western Power Corporation commenced before the commencement day. before the commencement day by, to or in respect of Western Power Corporation in relation to proceedings mentioned in subsection (1) is to be taken, on and after that day, to have been — by, to or in respect of the relevant new corporation or corporations, to the extent that the act, matter or thing has any force or effect. ##### 158. Handing over of records As soon as is practicable after the commencement day, Western Power Corporation is to deliver to — (b) the corporation that under section 147(1)(c) is specified in a transfer order for the purposes of this paragraph, as the case may require, all records relating to — (c) where section 154 applies, the assets, rights and liabilities referred to in section 154(2) and (3); and (d) where section 156 applies, the assets, rights and liabilities referred to in section 156(2), (3) and (4); and (e) where section 157 applies, the proceedings referred to in that section. ##### 159. Changes to Government agreements On and after the commencement day a reference to — (b) a body that under the 1994 Act section 49 is to be read as a reference to Western Power Corporation, that in accordance with a provision of a transfer order made under section 152 is to be read as a reference to — (c) a specified new corporation; or (d) 2 or more specified new corporations, has effect by force of this section as provided in the order. #### Subdivision 3 — Re‑allocation of assets, rights and liabilities ##### 160. Order for re‑allocation (1) The Minister may, by order published in the *Gazette*, declare that any asset or right that vested in a new corporation, or 2 or more of the new corporations, under section 154(2), 156(2) or 156(3) is instead — (a) vested in another new corporation; or (b) vested, or vested differently, in 2 or more of the new corporations jointly or as tenants in common in equal or unequal shares. (2) The Minister may, by order published in the *Gazette*, declare that — (a) a liability; or (b) a share of a liability referred to in section 147(3)(b), that became a liability of a new corporation, or 2 or more of the new corporations, under section 154(3) or 156(4) is instead — (c) the liability of another new corporation; or (d) the joint liability of 2 or more of the new corporations or of a different combination of new corporations. (3) If an order under this section provides for — (a) an asset or right to be vested in; or (b) a liability, or a share of a liability, to become a liability of, 2 or more of the new corporations, the order is to specify the corporation that, under section 162(b), is to receive the records described in that section. (4) An order cannot be made under this section later than 6 months after the commencement day. ##### 161. Re‑allocation to have effect from commencement day corporation or corporations previously concerned means the corporation or corporations — (a) in which the assets or rights to which an order under section 160 applies were vested; or (b) which was or were subject to any liability to which such an order applies, immediately before the order was made. (2) Except as otherwise provided in the order, an order under section 160 has effect from the commencement day as if — (a) any asset or right to which the order applies had never been vested in; and (b) any liability to which the order applies had never been the liability of, the corporation or corporations previously concerned. (3) Despite subsection (1), a corporation previously concerned is not — (a) required to account for any benefit received; or (b) entitled to reimbursement for any liability discharged, before the day on which an order is made, except to the extent that provision is otherwise made in the order. (4) An order under section 160 may make any savings or transitional provision that is necessary or expedient in relation to any asset, right or liability to which it applies including provisions in respect of — (a) any — (i) agreement or instrument; or (ii) proceedings or remedy, relating to the asset, right or liability; or (b) any act, matter or thing — (i) done; or (ii) omitted to be done, by, to or in respect of Western Power Corporation or a new corporation. (5) An order under section 160 cannot be made so as — (a) to affect the rights of any person other than the State or a new corporation; or (b) to impose liabilities on any person other than the State or a new corporation. ##### 162. Handing over of records If an order is made under section 160, the corporation or corporations previously concerned must, as soon as is practicable after the order is made, deliver to — (b) the new corporation specified as mentioned in section 160(3), all records relating to the assets, rights and liabilities to which the order applies. #### Subdivision 4 — Order that allocated assets or liabilities pass instead to the State ##### 163. Minister may order s. 169 is to apply (1) The Minister may, by order published in the *Gazette*, declare that, on and after a day specified in the order — (a) any asset or right that vested in — (i) a new corporation, or 2 or more of the new corporations, under section 154(2), 156(2) or 156(3); or (ii) a subsidiary of a new corporation, by order under section 155(1); or (b) any — (i) liability; or (ii) share of a liability referred to in section 147(3)(b), that became a liability of — (iii) a new corporation, or 2 or more of the new corporations, under section 154(3) or 156(4); or (iv) a subsidiary of a new corporation, by order under section 155(1), is instead to be dealt with under section 169(3) or (4). (2) An order cannot be made under this section later than 6 months after the commencement day. ##### 164. Effect of order (1) An order under section 163 has effect according to its tenor in relation to the assets, rights and liabilities to which it applies. (2) Any agreement or instrument relating to the assets, rights and liabilities referred to in subsection (1) has effect on and after the day specified in the order (the specified day), by force of this subsection, as if the State were substituted in the agreement or instrument for the new corporation, or a subsidiary, or new corporations previously entitled or liable (the corporation or corporations previously concerned), except to the extent that — (a) any provision of a transfer order made under section 147(3)(b); or (b) section 159; or (c) the relevant context, (3) Subject to any provision of a transfer order made under section 147(3)(b), any proceedings or remedy that, before the specified day, might have been — the corporation or corporations previously concerned in relation to the assets, rights and liabilities referred to in subsection (1), on and after that day — (c) may be commenced by the State; and (d) are available against or to the State. (4) Any act, matter or thing — before the specified day by, to or in respect of the corporation or corporations previously concerned in relation to the assets, rights and liabilities referred to in subsection (1) is to be taken, on and after that day, to have been — by, to or in respect of the State, to the extent that that act, matter or thing has any force or effect. ##### 165. Handing over of records As soon as is practicable after the specified day, the corporation or corporations previously concerned must deliver to the Minister all records relating to the assets, rights and liabilities referred to in section 164(1). #### Subdivision 5 — Replacement of party in proceedings ##### 166. Order for replacement (1) The Minister may, by order published in the *Gazette*, declare that, on and after a day specified in the order (the specified day), a new corporation or 2 or more of the new corporations that became a party or parties to proceedings under section 157(1) are replaced by another new corporation or other new corporations jointly. (2) If an order provides for 2 or more of the new corporations to be parties to proceedings, the order is to specify the corporation that, under section 168(b), is to receive the records described in that section. (3) An order cannot be made under this section later than 6 months after the commencement day. ##### 167. Effect of order (1) An order under section 166 has effect according to its tenor. before the specified day by, to or in respect of the corporation or corporations that have been replaced in relation to the proceedings is to be taken, on and after that day, to have been — by, to or in respect of the relevant new corporation or the relevant new corporations jointly, to the extent that that act, matter or thing has any force or effect. ##### 168. Handing over of records As soon as is practicable after the specified day, the corporation or corporations that have been replaced must deliver to — (b) the new corporation specified as mentioned in section 166(2), all records relating to the proceedings. #### Subdivision 6 — Assets, liabilities and proceedings not otherwise provided for ##### 169. Unallocated assets and liabilities to be dealt with by Minister (a) any asset or right of Western Power Corporation that under this Division does not vest in; and (b) any liability of Western Power Corporation that under this Division does not become a liability of, a new corporation or 2 or more of the new corporations or a subsidiary of a new corporation. (2) This section has effect subject to — (a) any order made under section 151 or 153(2)(a); and (b) regulations made under section 189(1) or (2). (3) An asset or right to which this section applies is to be dealt with — (a) after the commencement day; or (b) where an order under section 163(1) applies, after the day specified in the order, as the Minister directs. (4) A liability to which this section applies, so far as it is properly due, is to be discharged — (a) after the commencement day; or (b) where an order under section 163(1) applies, after the day specified in the order, in such manner and from such source as the Minister, with the approval of the Treasurer, directs. (5) The Minister has the powers that are necessary or convenient for the purposes of this section. ##### 170. Provisions incidental to s. 169 (1) This section does not apply to assets, rights and liabilities for which provision is made in section 164. (2) Any agreement or instrument relating to the assets, rights and liabilities referred to in section 169 has effect on and after the commencement day, by force of this subsection, as if a reference to the State were substituted in the agreement or instrument for a reference to — (c) section 159; or (d) the relevant context, (3) Any proceedings or remedy that, before the commencement day, might have been commenced by or available against or to Western Power Corporation in relation to the assets, rights and liabilities referred to in section 169, on and after that day may be commenced by and are available against or to the State. (4) Any act, matter or thing — before the commencement day by, to or in respect of Western Power Corporation in relation to the assets, rights and liabilities referred to in section 169 is to be taken on and after that day to have been — by, to or in respect of the State, to the extent that the act, matter or thing has any force or effect. ##### 171. State to be party to proceedings if no provision made (1) If — (a) immediately before the commencement day Western Power Corporation is a party to any proceedings; and (b) no provision is made under section 147(1)(b) for it to be replaced as a party to those proceedings, the State is, on and from the commencement day, by force of this subsection a party to those proceedings in place of Western Power Corporation. before the commencement day by, to or in respect of Western Power Corporation in relation to the proceedings is to be taken, on and after that day, to have been — by, to or in respect of the State, to the extent that the act, matter or thing has any force or effect. ##### 172. Handing over of records As soon as is practicable after the commencement day, Western Power Corporation is to deliver to the Minister all records relating to — (a) assets, rights and liabilities that, after that day, are to be dealt with under section 169(3) and (4); and (b) any proceedings to which section 171 applies. #### Subdivision 7 — Other matters relating to passing of assets and liabilities ##### 173. Continuation of guarantees in respect of Western Power Corporation (a) a guarantee under the principal Act section 85(1); and (b) a guarantee continued in force by the 1994 Act section 51, that was in force immediately before the commencement day. (2) A guarantee referred to in subsection (1) is not affected by — (a) any provision of, or made under, this Part, including without limitation a transfer of any liability of Western Power Corporation to a new corporation, or a subsidiary, or to 2 or more new corporations — (i) under section 154 or 156; or (ii) by order under section 155(1) or 160(2); or (iii) by regulations under Division 7; or (b) any transfer, vesting or assumption of any liability of Western Power Corporation to, in or by a new corporation or 2 or more new corporations by any other means. (3) A guarantee referred to in subsection (1) is to continue in force and is to be read and construed, on and from — (a) the commencement day; or (b) the day on which a transfer, vesting or assumption by any other means referred to in subsection (1) is effective, as if it were a guarantee in respect of the new corporation or corporations or the subsidiary to, in or by which the liabilities have been transferred, vested or assumed. (4) Despite its repeal by Schedule 5 clause 11, the principal Act section 85(3) is to be taken to continue to apply for the purposes of subsection (3). (5) The Treasurer may enter into any instrument confirming the continued liability of the State under a guarantee referred to in subsection (1). (6) By virtue of this subsection, any sum paid by the Treasurer under a guarantee referred to in subsection (1) in respect of a new corporation constitutes a charge on the assets of the corporation. ##### 174. Guarantees to which s. 173 does not apply (1) Subject to subsection (2), Part 6 Division 4 is to be taken to apply to a liability of a new corporation if a guarantee of that liability cannot be preserved under section 173, whether because the guarantee is governed otherwise than by the law of the State or for any other reason. (2) If — (a) a guarantee (the original guarantee) cannot be preserved as mentioned in subsection (1); and (b) the lender requests the Treasurer to exercise powers referred to in that subsection to give a guarantee in the same terms as the original guarantee, the Treasurer is to comply with that request. ##### 175. Certain joint tenancies preserved Gas Corporation assignee has the meaning given to the term ***assignee*** in the *Gas Corporation (Business Disposal) Act 1999* section 14. (2) The vesting of any asset held by Western Power Corporation as a joint tenant with a Gas Corporation assignee in a new corporation or a subsidiary — (a) by this Part; or (b) by an order or regulations made under this Part, does not sever the joint tenancy, and the new corporation or the subsidiary holds the asset as a joint tenant with the Gas Corporation assignee. ##### 176. Western Power Corporation to complete necessary transactions (1) This section applies if — (a) an asset, right or liability to which this Part applies is required to be vested in or succeeded to by a new corporation or 2 or more new corporations; but (b) that vesting or succession cannot be properly effected by operation of this Part, whether because the matter is governed otherwise than by the law of the State, or for any other reason. (2) Western Power Corporation — (a) is to be taken to continue to hold or be liable for that asset, right or liability until it is effectively vested in or succeeded to by the new corporation or corporations concerned in accordance with this Part; and (b) is to take all practicable steps for the purpose of ensuring that such vesting or succession occurs. (3) The fact that subsection (2)(a) applies to an asset, right or liability that is allocated to a new corporation or 2 or more new corporations under this Part does not affect the duty of the corporation or corporations to account for and report on that asset, right or liability under this Act. ##### 177. Exemption from State taxation State tax includes stamp duty chargeable under the *Stamp Act 1921* and any other tax, duty, fee, levy or charge under a law of the State. (2) State tax is not payable in relation to — (a) anything that occurs by the operation of this Part; or (b) anything done — (i) under this Part; or (ii) to give effect to this Part; or (iii) for a purpose connected with or arising out of, giving effect to this Part, including a transaction entered into or an instrument or document of any kind made, executed, lodged or given. (3) The Treasurer or a person authorised by the Treasurer may, at the request of a new corporation, certify in writing that a specified thing — (a) occurred by the operation of this Part; or (b) was done — (i) under this Part; or (ii) to give effect to this Part; or (iii) for a purpose connected with, or arising out of, giving effect to this Part. (4) For all purposes and in all proceedings, a certificate under subsection (3) is conclusive evidence of the matters it certifies, except so far as the contrary is shown. ##### 178. Registration of documents (1) In subsection (2) — relevant officials means — (a) the Registrar of Titles; or (b) the Registrar of Deeds; or (c) the Ministers respectively administering the *Mining Act 1978* and the *Land Administration Act 1997*; or (d) any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property. (2) The relevant officials are to take notice of the provisions of — (a) this Part and any regulations made under Division 7; and (b) a transfer order or any other order made under this Part, and are empowered to record and register in the appropriate manner the documents necessary to show the effect of those provisions. (3) Without limiting subsection (1), a statement in an instrument is evidence of the facts stated if — (a) the instrument is executed by a new corporation, or a subsidiary, or 2 or more new corporations; and (b) the statement is to the effect that any estate or interest in land or other property has become vested in — (i) the new corporation, or a subsidiary; or (ii) 2 or more new corporations jointly or in specified shares, under section 154 or 156, an order under section 155(1) or 160(1) or regulations made under Division 7. ### Division 4 — Staff ##### 179. Transition of employment (1) Western Power Corporation may, before the commencement day — (a) determine which new corporation is to be, on and from that day, the employer of each person who is a member of staff, as defined in the principal Act, before the commencement day; and (b) give to each such person a notice in writing of the determination made in respect of him or her. (2) A notice given to a person under subsection (1)(b) is to have effect, after the commencement of section 18, as if it were an agreement made under that section between — (a) the person; and (b) the board of the new corporation specified in the notice, for the employment of that person as a member of the staff of that corporation. ##### 180. Employees’ rights preserved Except as otherwise agreed by an employee, the change from employment by Western Power Corporation to employment by a new corporation does not — (a) affect the employee’s remuneration and other terms and conditions of employment; or (b) prejudice the employee’s existing or accruing rights; or (c) affect any rights under a superannuation scheme; or (d) interrupt continuity of service. ### Division 5 — Contracts with tariff customers ##### 181. Minister to prescribe contracts tariff customer means a person who, immediately before the commencement day, was supplied with electricity by Western Power Corporation or a subsidiary of that corporation (otherwise than under a written contract) in relation to which the person was liable to pay fees and charges prescribed under the *Energy Operators (Powers) Act 1979* section 124 or the *Electricity Industry Act 2004* section 132. (2) A tariff customer is to be taken on and from the commencement day to have entered into a contract with — (a) the Electricity Retail Corporation; or (b) the Regional Power Corporation, as the case requires, for the supply of electricity. (3) The Minister, by order published in the *Gazette*, is to prescribe a form of contract for the purposes of subsection (2), and the contract referred to in that subsection is to be taken to be in the form so prescribed. (4) An order under subsection (3) — (a) may specify different forms of contract in respect of different classes of tariff customers; and (b) may be amended, replaced or revoked by the Minister by order published in the *Gazette*. ### Division 6 — Other transitional provisions ##### 182. Annual report (1) Western Power Corporation is to — (a) do all things that are necessary to ensure that any annual report under the principal Act section 62 that — (i) was required for a financial year before the commencement day; but (ii) was not sent to the Minister before that day, is completed and sent to the Minister; and (b) prepare a report under that section for the period from the preceding 1 July to the commencement day. (2) If the period referred to in subsection (1)(b) is less than a year the report is to be prepared as if that period were a full financial year. (3) Despite the repeals effected by Schedule 5 clauses 11 and 19, the reports referred to in subsection (1) are to be completed and dealt with in accordance with the provisions contained in the principal Act Part 4 Division 3 and Schedule 3. ##### 183. Continuation of certain directions given to Western Power Corporation (1) The *Western Power Corporation (Gas Supply) Direction 2000* continues in force on and after the commencement day as if — (a) it were an instrument under section 114(2) served on each of the Electricity Generation Corporation and the Electricity Retail Corporation; and (b) references in it to the corporation were references to each of the corporations mentioned in paragraph (a). (2) The direction given to Western Power Corporation under the principal Act section 66 on 7 April 2005 (which relates to generating works) continues in force on and after the commencement day as if it were a direction given to the Electricity Generation Corporation under section 111. ##### 184. Completion of things commenced Anything commenced to be done by Western Power Corporation under the principal Act before the commencement day may be continued by a new corporation so far as the doing of that thing is, after the commencement day — (a) within the functions of; and (b) relevant to, the new corporation. ##### 185. Continuing effect of things done Any act, matter or thing done or omitted to be done before the commencement day by, to or in respect of Western Power Corporation, to the extent that the act, matter or thing — (a) has any force; and (b) is not governed by section 154(6), 156(7), 157(2), 164(4), 170(4), 171(2) or 183(1) or (2), is to be taken to have been done or omitted by, to or in respect of a new corporation so far as the act, matter or thing is relevant to that corporation. ##### 186. Immunity to continue If Western Power Corporation had the benefit of any immunity in respect of an act, matter or thing done or omitted before the commencement day, the immunity continues in that respect for the benefit of a new corporation so far as the act, matter or thing is relevant to that corporation. ##### 187. Agreements and instruments generally instrument includes subsidiary legislation; relevant new corporation, in relation to an agreement or instrument, means any new corporation that after the commencement day has the function of Western Power Corporation in the performance of which the agreement or instrument was made. (2) This section applies to an agreement or instrument subsisting immediately before the commencement day that does not come within the provisions of section 154(4), 156(5), 159, 170(2) or 183(1) or (2). (3) An agreement or instrument to which this section applies that contains a reference to — has effect on and after the commencement day as if any reference in the agreement or instrument to Western Power Corporation, or the body, were, unless the context otherwise requires, a reference to any relevant new corporation. ##### 188. Western Power Corporation to perform necessary transitional functions (1) Despite the repeal of the principal Act section 4 by Schedule 5 clause 11, Western Power Corporation continues in existence so that it can — (a) perform the functions described in sections 148(2), 151(3), 158, 162, 172, 176 and 182; and (b) perform any other function required for the purposes of this Part that may be prescribed by regulations made by the Governor. (2) For the purpose of subsection (1), Western Power Corporation — (a) is to be constituted by a person or persons appointed by the Minister; and (b) is to perform the functions referred to in subsection (1) through that person or those persons, and that subsection does not affect the abolition of the board of Western Power Corporation by virtue of the repeal of the principal Act Part 2 Division 2. (3) The person or persons referred to in subsection (2)(a) hold office at the pleasure of the Minister and on such terms and conditions as the Minister determines. (4) Western Power Corporation as constituted under this section has the powers that are necessary or convenient for the purposes of subsection (1). (5) A new corporation is to provide the clerical or other assistance that Western Power Corporation reasonably requests it to provide for the purpose of performing the functions described in subsection (1). ### Division 7 — Making of further provision by regulation ##### 189. Powers of rectification and similar matters (1) If in the opinion of the Minister — (a) an error has been made in a provision of a transfer order that cannot be rectified by the making of an order under section 160(1) or (2); or (b) there has been an omission from a transfer order that cannot be rectified under section 153(2), the Governor may by regulations make such provision as is necessary or expedient to correct, and deal with any consequences of, the error or omission. (2) If in the opinion of the Minister it is necessary, later than the period of 6 months after the commencement day — (a) to make an order referred to in section 151(1)(b); or (b) to make a declaration of the kind provided for by section 160(1) or (2); or (c) to make an order of the kind referred to in section 155(1), 163(1) or 166(1), the Governor may by regulations make such provision as could have been made under that section before the expiration of the period of 6 months. (3) Regulations under this section may make any provision of an incidental or supplementary nature that may be expedient. ##### 190. Further provision may be made by regulation (1) If there is no sufficient provision in this Part for any matter or thing necessary or convenient to achieve the purpose described in section 141, the Governor may make that provision by regulations. (2) If in the opinion of the Minister an anomaly arises in the carrying out of any provision of — (a) this Part; or (b) a transfer order or other order under this Part, the Governor may by regulations — (c) modify that provision to remove the anomaly; and (d) make such provision as is necessary or expedient to achieve the purpose described in section 141 in the intended manner. ##### 191. Regulations may operate from commencement day (1) Regulations may be made under this Division to have effect from the commencement day. (2) To the extent that a provision of such regulations has effect on a day that is earlier than the day of its publication in the *Gazette*, the provision does not operate so as — (a) to affect, in a manner prejudicial to any person (other than the State or a new corporation), the rights of that person existing before the day of its publication; or (b) to impose liabilities on any person (other than the State or a new corporation) in respect of anything done or omitted to be done before the day of publication. ### Division 8 — Indemnities and guarantees ##### 192. Treasurer may give indemnity and guarantee (1) The Treasurer may, in the name and on behalf of the State, give to — (a) a person who is or has been a director or officer of Western Power Corporation or of a subsidiary of that corporation; or (b) a member or alternate member of a committee referred to in section 145(3), an indemnity against liability or a guarantee of payment in respect of — (c) the doing of anything, whether before or after the commencement day, that is required to achieve the purpose of this Part; or (d) an omission to do anything, whether before or after the commencement day, if the omission is required to achieve the purpose of this Part. (2) The payment of any money under an indemnity or guarantee given under this section is to be made by the Treasurer and charged to the Consolidated Account, which this section appropriates to the necessary extent. (3) In subsection (1) — liability includes civil liability under the *Corporations Act 2001* of the Commonwealth. [Section 192 amended: No. 77 of 2006 s. 4.] ## Part 10 — Provisions for merger of corporations ### Division 1 — Preliminary ##### 193. Purpose of Part The purpose of this Part is to provide for the merger of the Electricity Retail Corporation with the body established by section 4(1)(a), and for related transitional matters. [Section 193 inserted: No. 25 of 2013 s. 35.] ##### 194. Terms used In this Part — amending Act means the *Electricity Corporations Amendment Act 2013*; asset means property of any kind whether tangible or intangible, real or personal, corporeal or incorporeal and includes without limitation — (a) a chose in action; (b) goodwill; (c) a right, interest or claim of any kind in or to property, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective; continuing corporation means the body established by section 4(1)(a); EGRC means the continuing corporation as renamed as the Electricity Generation and Retail Corporation under section 4(2A); Government agreement has the meaning given in the *Government Agreements Act 1979* section 2; liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, and whether owed alone or jointly or jointly and severally with any other person; merger means — (a) the actions effected by the coming into operation of section 6 of the amending Act; and (b) the merging of the Electricity Retail Corporation into the EGRC under section 196(1); merger provisions means the following — (a) section 6 of the amending Act; (b) this Part; (c) transitional regulations; merger time means the time at which section 6 of the amending Act comes into operation; merging corporation means the Electricity Retail Corporation; right means any right, power, privilege or immunity whether actual, contingent or prospective; transitional regulations has the meaning given in section 221. [Section 194 inserted: No. 25 of 2013 s. 35.] ##### 195. Saving (1) The operation of any of the merger provisions is not to be regarded — (a) as a breach of contract or confidence or otherwise as a civil wrong; or (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or (c) as giving rise to any right to damages or compensation; or (d) as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or (e) as causing any contract or instrument to be void or otherwise unenforceable; or (f) as releasing or allowing the release of any surety. (2) The merger provisions are additional to any relevant provisions of the *Interpretation Act 1984*. [Section 195 inserted: No. 25 of 2013 s. 35.] ### Division 2 — Merger ##### 196. Merger of corporations (1) At the merger time the Electricity Retail Corporation ceases to be a corporation under this Act and merges into the EGRC. (2) From the merger time the EGRC is a continuation of the merging corporation. [Section 196 inserted: No. 25 of 2013 s. 35.] ##### 197. Corporations to implement or facilitate merger (1) A corporation is to do anything that is prescribed by transitional regulations and anything else that may be necessary or expedient to provide for, implement or facilitate the merger. (2) Subsection (1) applies — (a) before the merger time — to the merging corporation and the continuing corporation; and (b) after the merger time — to the EGRC. (3) The function conferred by subsection (1) is in addition to any other function that a corporation has. [Section 197 inserted: No. 25 of 2013 s. 35.] ### Division 3 — Directions by Minister ##### 198. Minister may give directions (1) The Minister may give directions in writing to the continuing corporation or the merging corporation requiring it to take any step that the Minister considers necessary or convenient for achieving the purpose of this Part. (2) The reference in subsection (1) to the taking of any step includes refraining from taking any step that the corporation might otherwise take. (3) A corporation is to give effect to a direction given to it under subsection (1) despite any other provision of this Act. (4) This section has effect despite the *Statutory Corporations (Liability of Directors) Act 1996* section 6(a). [Section 198 inserted: No. 25 of 2013 s. 35.] ##### 199. Directions to be laid before Parliament The Minister must, within 14 days after a direction is given under section 198(1), cause the text of the direction to be laid before each House of Parliament or dealt with under section 134. [Section 199 inserted: No. 25 of 2013 s. 35.] ### Division 4 — Devolution of assets, rights, liabilities and proceedings and related provisions ##### 200. Assets, rights and liabilities (1) At the merger time — (a) the assets and rights of the merging corporation that were immediately before that time vested in the merging corporation vest in the EGRC by force of this subsection; and (b) the liabilities of the merging corporation immediately before that time become the liabilities of the EGRC by force of this subsection. (2) In determining the profits of the EGRC for the purposes of section 126, assets that vest in the EGRC by force of subsection (1) are not to be regarded as income. [Section 200 inserted: No. 25 of 2013 s. 35.] ##### 201. Proceedings and remedies From the merger time, any proceedings or remedy that, immediately before that time, might have been brought or continued by, or available against or to, the merging corporation may be brought or continued by, and are or is available against or to, the EGRC. [Section 201 inserted: No. 25 of 2013 s. 35.] ##### 202. Continuation of guarantees (a) a guarantee given under section 130; and (b) a guarantee continued in force by section 173, that was in force immediately before the merger time in respect of the merging corporation. (2) A guarantee to which this section applies continues in force and is to be read and construed, from the merger time, as if it were a guarantee in respect of the EGRC. (3) The Treasurer may enter into any instrument confirming the continued liability of the State under a guarantee to which this section applies. (4) By virtue of this subsection, any sum paid by the Treasurer under a guarantee to which this section applies in respect of the EGRC constitutes a charge on the assets of that corporation. [Section 202 inserted: No. 25 of 2013 s. 35.] ##### 203. Joint tenancies preserved (1) This section applies to an asset held by the merging corporation as a joint tenant with another person. (2) The vesting of an asset to which this section applies in the EGRC under this Part does not sever the joint tenancy, and the EGRC holds the asset as a joint tenant with the other person. [Section 203 inserted: No. 25 of 2013 s. 35.] ##### 204. Exemption from State taxation State tax includes duty under the *Duties Act 2008* and any other tax, duty, fee, levy or charge under a law of the State. (2) State tax is not payable in relation to — (a) anything that occurs by the operation of the merger provisions; or (b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to the merger provisions, or for a purpose connected with or arising out of giving effect to the merger provisions. (3) The Treasurer or a person authorised by the Treasurer may, at the request of the EGRC, certify in writing that a specified thing — (a) occurred by the operation of the merger provisions; or (b) was done under this Part, or to give effect to the merger provisions, or for a purpose connected with or arising out of giving effect to the merger provisions. (4) For all purposes and in all proceedings, a certificate under subsection (3) is conclusive evidence of the matters it certifies, except so far as the contrary is shown. [Section 204 inserted: No. 25 of 2013 s. 35.] ##### 205. Registration of documents relevant officials means — (a) the Registrar of Titles under the *Transfer of Land Act 1893*; and (b) the Registrar of Deeds and Transfers under the *Registration of Deeds Act 1856*; and (c) the Minister administering the *Land Administration Act 1997*; and (d) any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property. (2) The relevant officials are to take notice of the merger provisions and are empowered to record and register in the appropriate manner the documents necessary to show the effect of those provisions. (3) Without limiting subsection (2), a statement in an instrument is evidence of the facts stated if — (a) the instrument is executed by the EGRC; and (b) the statement is to the effect that any estate or interest in land or other property has become vested in the EGRC under section 200(1). [Section 205 inserted: No. 25 of 2013 s. 35.] ### Division 5 — Staff ##### 206. Members of staff (1) At the merger time, a person who immediately before the merger time was a member of staff of the merging corporation becomes a member of staff of the EGRC. (2) The operation of subsection (1) does not constitute a retrenchment or redundancy. [Section 206 inserted: No. 25 of 2013 s. 35.] ##### 207. Preservation of rights (1) Except as otherwise agreed by the relevant member of staff, the operation of section 206(1) does not — (a) affect his or her remuneration and other terms and conditions of employment; or (b) prejudice his or her existing or accruing rights; or (c) affect any rights under a superannuation scheme; or (d) interrupt continuity of service. (2) For the purposes of subsection (1)(d), the service of a member of staff with the merging corporation is to be taken to have been with the EGRC. (3) Nothing in section 206 or this section prevents the exercise by the EGRC of its powers in relation to the management of members of staff. [Section 207 inserted: No. 25 of 2013 s. 35.] ### Division 6 — Other provisions ##### 208. Renaming of continuing corporation does not affect status The renaming of the continuing corporation as the Electricity Generation and Retail Corporation under section 4(2A) does not affect its continuity or legal status. [Section 208 inserted: No. 25 of 2013 s. 35.] ##### 209. Compliance with policy instruments Despite section 58, the EGRC is not required to perform its functions in accordance with its strategic development plan and its statement of corporate intent in the period starting at the merger time and ending on the next 30 June. [Section 209 inserted: No. 25 of 2013 s. 35.] ##### 210. Financial reporting: merging corporation annual reporting provisions means sections 107 and 108, Schedule 4 Division 3 Subdivision 1 and Schedule 4 clauses 32 and 33; quarter means a quarter of a financial year. (2) It is a function of the EGRC to perform the duties set out in this section in respect of the merging corporation. (3) If the merger time coincides with the end of a quarter of the merging corporation, the EGRC is to comply with section 106 in respect of the merging corporation for that quarter. (4) If the merger time is after the end of a quarter of the merging corporation (the last quarter), the EGRC is to — (a) comply with section 106 in respect of the merging corporation to the extent that that section has not been complied with for the last quarter; and (b) comply with section 106 in respect of the merging corporation for the period starting at the end of the last quarter and ending at the merger time as if that period were a quarter. (5) If the merger time coincides with the end of a financial year of the merging corporation, the EGRC is to comply with the annual reporting provisions in respect of the merging corporation for that financial year. (6) If the merger time is after the end of a financial year of the merging corporation (the last financial year), the EGRC is to — (a) comply with the annual reporting provisions in respect of the merging corporation to the extent that those provisions have not been complied with for the last financial year; and (b) comply with the annual reporting provisions in respect of the merging corporation for the period starting at the end of the last financial year and ending at the merger time as if that period were a financial year. (7) In order to enable the EGRC to perform its duties under this section, section 106 and the annual reporting provisions apply with — (a) any modifications prescribed by transitional regulations; and (b) any other appropriate modifications. [Section 210 inserted: No. 25 of 2013 s. 35.] ##### 211. Financial reporting: continuing corporation annual reporting provisions has the meaning given in section 210(1). (2) If the merger time is after the end of a financial year of the continuing corporation (the last financial year), the EGRC is to comply with the annual reporting provisions in respect of the continuing corporation as if each of the following periods were a financial year — (a) the period starting at the end of the last financial year and ending at the merger time; (b) the period starting at the merger time and ending on the next 30 June. (3) For the purposes of subsection (2), the annual reporting provisions apply with — (a) any modifications prescribed by transitional regulations; and (b) any other appropriate modifications. [Section 211 inserted: No. 25 of 2013 s. 35.] ##### 212. Continuation of certain directions (1) A direction under section 111(1) that was in force in respect of the merging corporation immediately before the merger time continues in force, from the merger time, as if it were a direction given under section 111(1) to the EGRC. (2) An instrument under section 114(2) that was in force in respect of the merging corporation immediately before the merger time continues in force, from the merger time, as if it were an instrument served under section 114(2) on the EGRC. [Section 212 inserted: No. 25 of 2013 s. 35.] ##### 213. Amount in lieu of rates (1) If immediately before the merger time the merging corporation has not paid an amount required to be paid under section 124, the EGRC is to pay the amount to the Treasurer. (2) Any amount that has to be paid to the Treasurer in accordance with subsection (1) is to be paid from the funds of the EGRC. [Section 213 inserted: No. 25 of 2013 s. 35.] ##### 214. Dividends dividend function means a function of a corporation or its board under section 126. (2) If immediately before the merger time a dividend function has yet to be performed by the merging corporation or its board, the EGRC or its board is to perform the function after the merger time as if the EGRC were the merging corporation. (3) Any amount that has to be paid to the Treasurer in accordance with subsection (2) is to be paid from the funds of the EGRC. [Section 214 inserted: No. 25 of 2013 s. 35.] ##### 215. Completion of things commenced Anything commenced to be done by the merging corporation before the merger time may be continued by the EGRC. [Section 215 inserted: No. 25 of 2013 s. 35.] ##### 216. Continuing effect of things done relevant act means an act, matter or thing done or omitted to be done before the merger time by, to or in respect of the merging corporation. (2) To the extent that a relevant act has force or significance at the merger time it is to be taken, from the merger time, to have been done or omitted by, to or in respect of the EGRC so far as the act, matter or thing is relevant to the EGRC. (3) This section does not affect the operation of any other provision of this Part. [Section 216 inserted: No. 25 of 2013 s. 35.] ##### 217. Immunity to continue If the merging corporation had the benefit of any immunity in respect of an act, matter or thing done or omitted before the merger time, the immunity continues in that respect for the benefit of the EGRC. [Section 217 inserted: No. 25 of 2013 s. 35.] ##### 218. Agreements, instruments and documents agreement includes a Government agreement; former name means “Electricity Generation Corporation”; new name means “Electricity Generation and Retail Corporation”. (2) An agreement, instrument or document subsisting immediately before the merger time that contains — (a) a reference to the merging corporation or to the continuing corporation by its former name; or (b) a reference to a body that under Part 9 is to be read as, or has effect as if it were, a reference to the merging corporation or the continuing corporation, has effect from the merger time as if the reference were, unless the context otherwise requires, a reference to the continuing corporation by its new name. [Section 218 inserted: No. 25 of 2013 s. 35.] ##### 219. Treasurer may give indemnity and guarantee liability includes civil liability under the *Corporations Act 2001* (Commonwealth); relevant person means a person who is or has been a director, the chief executive officer, or a member of staff, of the merging corporation. (2) The Treasurer may, in the name and on behalf of the State, give to a relevant person an indemnity against liability or a guarantee of payment in respect of — (a) the doing of anything, whether before or after the merger time, that is required to achieve the purpose of this Part; or (b) an omission to do anything, whether before or after the merger time, if the omission is required to achieve the purpose of this Part. (3) The payment of any money under an indemnity or guarantee given under this section is to be made by the Treasurer and charged to the Consolidated Account, which this section appropriates to the necessary extent. [Section 219 inserted: No. 25 of 2013 s. 35.] ##### 220. Government agreements not affected The merger provisions do not prejudice or in any way affect any right or obligation of a party to a Government agreement. [Section 220 inserted: No. 25 of 2013 s. 35.] ##### 221. Transitional regulations (1) Regulations (transitional regulations) may prescribe — (a) things to be done by the merging corporation or the continuing corporation to provide for, implement or facilitate the merger; and (b) anything necessary or expedient to be prescribed for providing for a matter or issue of a transitional nature that arises in relation to the merger. (2) Transitional regulations may provide that specific provisions of any written law — (a) do not apply to or in relation to any matter; or (b) apply with specific modifications to or in relation to any matter. (3) If transitional regulations provide that a state of affairs specified or described in the regulations is to be taken to have existed, or not to have existed, at and from a time that is earlier than the day on which the regulations are published in the *Gazette* but not earlier than the merger time, the regulations have effect according to their terms. (4) If transitional regulations contain a provision referred to in subsection (3), the provision does not operate so as — (a) to affect in a manner prejudicial to any person (other than the State, an authority of the State or the EGRC) the rights of that person existing before the day of publication of those regulations; or (b) to impose liabilities on any person (other than the State, an authority of the State or the EGRC) in respect of anything done or omitted to be done before the day of publication of those regulations. [Section 221 inserted: No. 25 of 2013 s. 35.] [Schedules 1-4 deleted: No. 13 of 2023 s. 211.] [Schedule 5 omitted under the Reprints Act 1984 s. 7(4)(e).] ![]() Notes This is a compilation of the *Electricity Corporations Act 2005* and includes amendments made by other written laws 3. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | | **Commencement** | | --- | --- | --- | --- | --- | | *Electricity Corporations Act 2005* 4 | 18 of 2005 | 13 Oct 2005 | | Pt. 1, s. 141, 142, 144‑152, 153(1) and 179: 13 Oct 2005 (see s. 2(1)); Pt. 2-8, s. 143, 153(2)-(4), 154‑178, 180-192, Sch. 1-4 and Sch. 5 (other than cl. 21(2)(a)(ii)): 1 Apr 2006 (see s. 2(2) and *Gazette* 31 Mar 2006 p. 1153); Sch. 5 cl. 21(2)(a)(ii) deleted by No. 8 of 2009 s. 50(3)(b) | | *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 15 | 38 of 2005 | 12 Dec 2005 | | 9 Apr 2006 (see s. 2 and *Gazette* 21 Mar 2006 p. 1078) | | *Financial Legislation Amendment and Repeal Act 2006* s. 4, 5(1) and Sch. 1 cl. 53 | 77 of 2006 | 21 Dec 2006 | | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | *Statutes (Repeals and Miscellaneous Amendments) Act 2009* s. 50 | 8 of 2009 | 21 May 2009 | | 22 May 2009 (see s. 2(b)) | | **Reprint 1: The *Electricity Corporations Act 2005* as at 14 May 2010** (includes amendments listed above) | | | | | | *Approvals and Related Reforms (No. 4) (Planning) Act 2010* s. 31 | 28 of 2010 | 19 Aug 2010 | | 22 Nov 2010 (see s. 2(b) and *Gazette* 19 Nov 2010 p. 5709) | | *Public Sector Reform Act 2010* s. 75 | 39 of 2010 | 1 Oct 2010 | | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | *Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012* Pt. 4 Div. 2 | 48 of 2012 | 29 Nov 2012 | | 21 Aug 2013 (see s. 2(b) and *Gazette* 20 Aug 2013 p. 3815) | | *Electricity Corporations Amendment Act 2013* Pt. 2 (s. 3-36) | 25 of 2013 | 18 Dec 2013 | | Pt. 2 heading and s. 3 and 32‑35: 19 Dec 2013 (see s. 2(b)); Pt. 2 other than s. 3 and 32‑35: 1 Jan 2014 (see s. 2(c) and *Gazette* 27 Dec 2013 p. 6465) | | **Reprint 2: The *Electricity Corporations Act 2005* as at 18 Jul 2014** (includes amendments listed above) | | | | | | *Electricity Corporations Amendment Act 2015* | 16 of 2015 | 25 Jun 2015 | | s. 1 and 2: 25 Jun 2015 (see s. 2(a)); Act other than s. 1 and 2: 26 Jun 2015 (see s. 2(b)) | | *Associations Incorporation Act 2015* s. 216 | 30 of 2015 | 2 Nov 2015 | | 1 Jul 2016 (see s. 2(b) and *Gazette* 24 Jun 2016 p. 2291-2) | | *Executive Officer Remuneration (Government Entities) Legislation Amendment Act 2016* Pt. 3 Div. 2 | 46 of 2016 | 7 Dec 2016 | | 8 Dec 2016 (see s. 2(b)) | | **Reprint 3: The *Electricity Corporations Act 2005* as at 7 Jun 2019** (includes amendments listed above) | | | | | | *Electricity Industry Amendment Act 2020* s. 30 | 9 of 2020 | 6 Apr 2020 | | 7 Apr 2020 (see s. 2(b)) | | *Fines, Penalties and Infringement Notices Enforcement Amendment Act 2020* Pt. 3 Div. 4 | 25 of 2020 | 19 Jun 2020 | | 29 Sep 2020 (see s. 2(1)(c) and SL 2020/159 cl. 2(a)) | | *Swan Valley Planning Act 2020* Pt. 10 Div. 2 | 45 of 2020 | 9 Dec 2020 | 1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2) | | | *Government Trading Enterprises Act 2023* Pt. 12 Div. 1 | 13 of 2023 | 22 Jun 2023 | 1 Jul 2023 (see s. 2(b) and SL 2023/89 cl. 2) | | | *Electricity Industry Amendment (Distributed Energy Resources) Act 2024* Pt. 2 Div. 3 | 1 of 2024 | 7 Mar 2024 | 6 Feb 2025 (see s. 2(b) and SL 2025/31 cl. 2) | | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Electricity Industry Amendment (Distributed Energy Resources) Act 2024* Pt. 3 Div. 2 | 1 of 2024 | 7 Mar 2024 | To be proclaimed (see s. 2(b)) | Other notes