6The *Energy Legislation Amendment Act 2003* s. 97‑101 read as follows:

6 The Energy Legislation Amendment Act 2003 s. 97‑101 read as follows:

97. Definitions

commencement day means the day on which this Part, other than this section and section 98, comes into operation;

Coordinator means the Coordinator of Energy referred to in section 4 of the Energy Coordination Act 1994;

Institute means the Minerals and Energy Research Institute of Western Australia established by section 4(1) of the Minerals and Energy Research Act 1987;

liabilities includes future and contingent liabilities;

Minister means the Minister responsible for the administration of the Energy Coordination Act 1994;

sustainable energy research means research as to energy derived from a source that can be utilised sustainably and includes the development of any process, technique, method, design or apparatus —

(a) to collect, store, apply or utilise any form of energy;

(b) to convert one form of energy into another form of energy;

(c) to substitute one form of energy for any other form of energy; or

(d) to conserve any form of energy.

98. Ministerial instrument

(1) The Minister, by instrument, is to determine —

(a) the assets that in the Minister’s opinion relate to the energy research functions of the Institute (the relevant assets); and

(b) the liabilities that in the Minister’s opinion relate to the energy research functions of the Institute (the relevant liabilities).

(2) In subsection (1) —

energy research has the meaning given to that term in section 3 of the Minerals and Energy Research Act 1987 immediately before the commencement day.

(3) An instrument under subsection (1) may provide for moneys in the Account referred to in section 26(3) of the Minerals and Energy Research Act 1987 to be credited —

(a) to an account —

(i) established under section 15B of the Financial Administration and Audit Act 1985; and

(ii) administered by the Department of the Public Service principally assisting the Minister in the administration of the Energy Coordination Act 1994;

or

(b) to the Consolidated Fund.

(4) A determination may be amended by the Minister by further instrument, but no amendment may be made after the commencement day.

(5) A determination and any amendment to it may only be made by the Minister with the concurrence of the Minister responsible for the administration of the .