Schedule 4 — Transitional and saving provisions for amendments in Schedule 2 Division 4
[s. 63(2)]
Definitions
commencement day means the day on which this Schedule comes into operation;
Coordinator means the Coordinator of Energy referred to in section 4 of the Energy Coordination Act 1994;
licensing functions means the functions of the Coordinator under Part 2A;
Part 2A means Part 2A of the Energy Coordination Act 1994 as in effect before the commencement day.
Interpretation Act 1984 to apply
This Schedule does not limit the operation of the Interpretation Act 1984.
Licences under Part 2A
Without limiting the operation of clause 4, a licence that was in effect under Part 2A immediately before the commencement day continues, on and after that day, as a licence in effect under that Part as amended by Schedule 2 Division 4.
Continuing effect of things done
On and after the commencement day any act, matter or thing done or omitted to be done before that day by, to, or in respect of, the Coordinator in the performance of licensing functions (to the extent that that act, matter or thing has any force or effect) is to be taken to have been done or omitted by, to, or in respect of, the Authority.
Completion of things begun
On and after the commencement day, anything lawfully commenced by the Coordinator in the performance of licensing functions may, so far as it is not contrary to this Act or any other written law that gives functions to the Authority, be carried on and completed by the Authority.
Proceedings etc.
Any proceedings or remedy that immediately before the commencement day might have been brought or continued by or available against or to the Coordinator in relation to the performance of licensing functions, may, on and after that day, be brought or continued and are available, by or against or to the Authority.
Records
On and after the commencement day the Authority is to take delivery of all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) that were, immediately before that day, in the possession or under the control of the Coordinator and related to the operations of the Coordinator under Part 2A.
References to Coordinator in agreements and instruments
Schedule Sch 4 - Energy Coordination Act 1994 - reads as follows: | Zoe
(1) Any agreement or instrument subsisting immediately before the commencement day —
(a) to which the Coordinator is a party; or
(b) which contains a reference to the Coordinator,
has effect after the commencement day as if —
(c) the Authority were substituted for the Coordinator as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the former official were (unless the context otherwise requires) amended to be or include a reference to the Coordinator.
(2) In this clause —
agreement or instrument means an agreement or instrument relating to licensing functions.
References to Coordinator in written law
A reference to the Coordinator in an enactment in force immediately before the commencement day that relates to licensing functions may, where the context so requires, be read as if it had been amended to be a reference to the Authority.
Immunity to continue
Despite the amendments made in Schedule 2 Division 4, where the Coordinator had the benefit of any immunity in respect of an act, matter or thing done or omitted before the commencement day in the performance of licensing functions, that immunity continues in that respect for the benefit of the Authority.
Saving
The operation of any provision of this Schedule is not to be regarded —
(a) as a breach of contract or confidence or otherwise as a civil wrong;
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities of the disclosure of information;
(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;
(d) as causing any contract or instrument to be void or otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
9 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
10 The Economic Regulation Authority Act 2003 s. 10 is not included because the section it sought to amend was deleted by the Machinery of Government (Miscellaneous Amendments) Act 2006 s. 170 before the amendment purported to come into operation.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
amendment 11ZOL(5)
appropriate amendment 11WI(3)
approved 11ZOA
approved scheme 11ZPX
associate 11ZOW(2)
Authority 3(1)
business 11ZP(5)
classification 11N(2)
code of conduct 11ZPL
commercial information 3(1)
committee 11ZPL
component 3(1)
contravene 11ZOA
cooling‑off period 11WC(1)
Coordinator 3(1)
Court Sch. 2A cl. 1
customer 11WB, 11ZPL, 11ZPX
customer contract 11ZPX
decision 19B(1)
delivery point 11WJ
Director 3(1)
distribution licence 3(1)
distribution system 3(1)
distribution works 3(1)
document 4E(4), 11(4)
electricity 3(1)
emergency Sch. 3 cl. 1(1)
emergency order Sch. 3 cl. 1(1)
emergency plan 24C(1)
energy 3(1), 20A
energy research Sch. 1 cl. 1
existing operator 11I(1)
formal entity 11ZOA
gas 3(1)
gas business operator 11ZOA
gas distribution operator 11ZOA, 11ZOC(1)
gas industry ombudsman 11ZPX, 11ZPZ(1)
gas market participant 11ZOA, 11ZOC(1)
gas marketing agent 11ZPL, 11ZPX
gas transmission operator 11ZOA, 11ZOD(1)
governing body of a scheme 11ZPA(7)
information 4E(4), 11(4)
inspector 3(1)
last resort supply plan 11ZAA
licence 3(1)
licensee 3(1), 11ZO(4), 11ZPL
marketing 11ZPL
member 11ZOA
Minister 3(1)
network operator 3(1)
non‑standard contract 11WB
period of exclusivity 11WM(2)
prescribed person 11ZOD(1)
prescribed provision 11ZO(4)
prohibited conduct 11ZOV(1)
public authority 11ZJ(2)
relevant interest 11ZJ(2)
relevant official 24(1)
relevant provisions 11ZOA
researcher Sch. 1 cl. 1
retail competition implementation costs 11Q(4)
retail gas operator 11ZOA, 11ZOC(1)
retail market rules 11WJ, 11ZOA
retail market scheme 11WJ, 11ZOA
safety provision 24A(3)
seriously affected Sch. 3 cl. 1(1)
small use customer 3(1)
standard form contract 11WB
supplier of last resort 11ZAA, 11ZAC(1)
supply 3(1)
supply area 3(1), 11ZAA
supply authority 3(1)
supply system Sch. 3 cl. 1(1)
trade secret 3(1)
trading licence 3(1)
transmission works 3(1)
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.