Hydro-Electric Corporation Act 1995

The Act revolves around a small set of statutory concepts that determine scope and constraints.

• Corporation: the statutory entity established or continued by the Act (s 3 definition and s 4(1)). It is explicitly made a Government Business Enterprise under the Government Business Enterprises Act 1995 (s 4(2)).
• Functions and powers: the Corporation’s statutory remit is oriented to generation and related activities (s 5(1)). Powers include construction, operation and trading of electricity infrastructure, participation in the National Electricity Market, and development, ownership and use of Basslink (s 5(2)(a)-(g)). Subsection 5(3) authorises financial and trading arrangements including derivatives or electricity from renewable sources, but only in accordance with Treasurer’s Instructions or Minister/Treasurer directions under the GBE Act.
• Licensing constraint: the Corporation may only perform functions that require a licence under the Electricity Supply Industry Act 1995 if it holds the relevant licence (s 7(1)). This ties statutory powers to sectoral licensing.
• Prescribed generating plant: defined in s 7(13) and specified in Schedule 1, this is a concrete list of existing generating plant (as at 30 June 2001) and parts of those plants. The definition triggers special procedural protections for dealing with or disposing of those assets (s 7(2), s 7(4)-(7)).
• Consent and approval mechanics: transactions involving prescribed generating plant or specified land require written consent from the Minister or delegate (s 7(2)). Some consents are subject to secondary political or democratic checks: disposals of Bell Bay require both Houses’ approval before the consent takes effect (s 7(4)-(5)); disposals of other prescribed generating plant require referendum approval by a majority of electors (s 7(6)). Subsection 7(3) allows consents to be tailored to particular transactions or classes.
• Entrenchment clauses: s 7(11) declares any Act purporting to repeal or amend specified subsections (including s 7(2), (4), (6), (7), (12), (13) and the definition of prescribed generating plant) is of no effect unless approved by referendum. Subsection 7(12) lists legislative exceptions for substantially similar replacement provisions or non‑lessening of majority requirements.
• Major power facility: defined as new generating plant with installed capacity exceeding 40 MW or a regulation‑fixed threshold, with associated hydro equipment (s 8(4)). New generating plant excludes modifications, replacement plant on same site and wind generation per the 2001 amendment (s 8(4) as amended).
• Basslink: defined in s 3 and singled out in s 5(2)(e)-(g) and s 7(8)-(10). The Act authorises development and ownership activity in respect of Basslink and creates alternative processes for land acquisition and disposal related to Basslink transactions, while requiring joint Ministerial agreement and parliamentary notice where acquisition or disposal of Basslink is envisaged (s 7(8)(c)-(10)).
• Ministerial board oversight: the Minister can request the chair to convene board meetings and may attend and propose business at board meetings (s 9). This provides direct executive input into governance processes.
• Regulatory delegation and offences: s 10 lets the Governor make regulations, delegate matters to ministers or persons nominated in regulations, and create offences with penalties (s 10(1)-(4), (3) on penalties).

Together these concepts structure what the Corporation can do, the administrative checks it faces, and the political/democratic gates that apply to large disposals or construction projects.

The Act identifies specific decision‑makers, affected parties and stakeholder groups by role and by asset class.

• The Corporation: the primary actor. The Act continues the Corporation and defines its statutory functions and powers (s 4(1)-(2); s 5(1)-(2)). The Corporation is also, until administrative arrangements change, the department responsible for administering the Act (s 11(b)).
• Board of Directors and Chairperson: the board runs the Corporation; the chair must convene meetings when requested by the Minister (s 9(1)). The Minister may attend and propose business at board meetings (s 9(2)), directly affecting board deliberations.
• The Minister for Energy: holds active oversight rights. The Minister may require a board meeting be convened, attend meetings, and propose business (s 9). The Minister must give written consent for the Corporation to deal with or dispose of prescribed generating plant or land (s 7(2)). Ministerial agreement, together with the Minister administering the GBE Act, is required for Basslink acquisitions or disposals (s 7(8)(c)(i)).
• The Treasurer and the Minister administering the Government Business Enterprises Act 1995: the Corporation’s power to enter certain derivative and trading arrangements is qualified by Treasurer’s Instructions and directions by the Minister and the Treasurer jointly under the GBE Act (s 5(3)). Subsection 7(2A) clarifies that Ministerial consent under s 7(2) is additional to requirements under the GBE Act, including Treasurer’s Instructions and joint directions (s 7(2A)).
• Parliament (both Houses): Parliament acts as an approving body for certain proposals. A consent affecting Bell Bay is of no effect until approved by both Houses (s 7(4)-(5)). A proposal to construct a major power facility can only proceed with both Houses’ approval unless authorised by specific statute (s 8(1)-(3)). Notices about proposed Basslink acquisitions or disposals must be tabled in both Houses (s 7(8)(c)(ii); s 7(10)).
• Electors: for certain disposals of prescribed generating plant (other than Bell Bay), the Act requires a referendum approved by a majority of electors under the Referendum Procedures Act 1994 (s 7(6) and s 7(11) relating to entrenchment of certain subsections). Subsection 7(11) also makes amendment or repeal of core protections subject to referendum approval.
• Participants in the National Electricity Market, and parties to Basslink agreements: the Act authorises the Corporation to participate in the National Electricity Market and to develop, construct and own Basslink and enter related agreements (s 5(2)(d)-(f)). Entities entering agreements with the Corporation regarding Basslink transactions are affected by the special acquisition/disposal procedure in s 7(8)-(10).
• Owners, operators and interested parties in prescribed generating plants listed in Schedule 1: Schedule 1 (inserted by the 2001 amendment) lists 30 named plants. Dealing with or disposing of these assets triggers the consent and higher‑order approval requirements in s 7(2), with Bell Bay and others subject to parliamentary or referendum checks (s 7(4)-(6), (13)).
• Persons subject to regulations under the Act: the Governor may make regulations that apply differently by time or circumstance, create offences and delegate matters to the Minister or nominated officers (s 10). Those regulations can impose enforceable duties and monetary penalties (s 10(2)-(4)).

Who pays: the Act does not fix specific cost allocations, but it places transaction approval, administrative and compliance obligations on the Corporation and creates political/constitutional processes that the Ministers, the Parliament and, in some instances, electors must engage with. The penalties regime under regulations (s 10(3)) means individuals or entities subject to those regulations may bear monetary penalties if regulations prescribe offences.

The Act creates discrete duties, rights and processes affecting governance, commercial activity and statutory approvals.

Duties placed on the Corporation

• Continue to perform functions of generation and related activities (s 5(1)(a)-(d)) and to exercise powers in keeping with those functions (s 5(2)). The Corporation must operate as a GBE under the Government Business Enterprises Act 1995 (s 4(2)).
• Hold licences required under the Electricity Supply Industry Act 1995 before carrying out any function that requires such a licence (s 7(1)). This is a green‑light condition tying operational activity to sector licensing.
• Obtain written consent from the Minister or the Minister’s delegate before dealing with or disposing of prescribed generating plant or land (s 7(2)). Consent may be tied to specific transactions or classes of transactions (s 7(3)).
• When proposing construction of a major power facility (new generating plant over 40 MW or a regulation‑fixed limit), prepare and lay a proposal before both Houses with specified details (nature, capacity, location, cost and financing) and secure the Houses’ approval unless a specific Act authorises the project (s 8(1)-(3)).

Ministerial and Executive rights

• Ministerial right to convene and attend board meetings, and to propose business (s 9(1)-(2)). The chair is obliged to convene meetings at the Minister’s request (s 9(1)).
• Minister and Minister responsible for the GBE Act must jointly agree in writing before the Corporation may acquire or dispose of the whole or part of Basslink where an agreement contemplates such acquisition or disposal (s 7(8)(c)(i)). The Minister must table a notice in both Houses specifying the intention and reasons (s 7(8)(c)(ii); s 7(10)).

Parliamentary and electoral rights

• Both Houses’ approval required before certain consents take effect: e.g., Bell Bay disposals (s 7(4)-(5)). The process for House approval is set out (motions, deemed approval after a procedural period) (s 7(5)).
• For other prescribed generating plant disposals, referendum approval by a majority of electors is required (s 7(6)). Section 7(11) entrenches referendum approval for attempts to repeal or amend certain protective subsections unless the statutory exceptions in s 7(12) apply.

Regulatory powers and delegated duties

• The Governor can make regulations covering a range of matters and may provide for offences and fines (s 10(1)-(4)). Regulations can delegate matters to the Minister or a person nominated in the regulations (s 10(4)). These delegations create administrative avenues for implementing the Act.

Conditional rights

• The Corporation may retail electricity only if the Minister approves (s 5(1)(c)), so the right to retail is not unconditional but subject to Ministerial discretion.
• The broad powers to engage in derivatives and trading of renewables or other energy are constrained by Treasurer’s Instructions or joint directions under the GBE Act (s 5(3); s 7(2A)).

Exceptions and carve‑outs

• Subsection 7(7) lists dealings exempt from the parliamentary or referendum checks: maintenance, repair, replacement or upgrading, and dealings that do not cause a significant change to the Corporation’s capacity to generate electricity (s 7(7)). This limits the scope of the higher‑level approvals to transactions with substantive, capacity‑altering effect.

In sum, the Act creates a framework of duties for the Corporation to seek licences and consents and grants Ministers and Parliament defined rights to approve or be notified of major corporate actions. The regime couples executive oversight with legislative and (in some instances) democratic gatekeeping.

The Act itself contains limited direct criminal or civil penalty provisions, but it empowers the Governor to make regulations that can create offences and monetary penalties, and sets up politico‑administrative checks whose non‑compliance carries non‑statutory consequences.

Statutory penalty power

• Section 10(3) authorises regulations to create offences for contravention or failure to comply with regulations and to prescribe fines. The maximum prescribed fine in regulations is 100 penalty units, and for continuing offences a further fine not exceeding 10 penalty units per day can be imposed (s 10(3)(a)-(b)). The Act does not itself set the monetary value of a penalty unit; that is determined by other statutory instruments not reproduced here.

Enforcement mechanisms implied by the Act

• Enforcement of the statutory consents and approval mechanisms is primarily procedural and constitutional rather than criminal. For example, consents under s 7(2) are required before the Corporation can deal with or dispose of prescribed generating plant or relevant land; certain consents are stipulated to be "of no effect" until approved by Parliament or a referendum (s 7(4)-(6), s 7(11)). The Act therefore enforces compliance through invalidity of transactions absent required approvals rather than by prescribing offences for unauthorised disposals in the main text.
• For Basslink‑related acquisitions and disposals, s 7(8)-(10) prescribes procedural steps: Ministerial agreement by both Ministers and a tabling requirement in both Houses. Failure to follow these steps would mean the statutory preconditions to effect such acquisitions or disposals are not met.

Delegated enforcement and administrative sanctions via regulations

• Section 10(4) permits the regulations to authorise that a matter be determined, applied or regulated by the Minister or a person nominated in the regulations. Such delegations can include administrative compliance mechanisms and offences if the regulations so provide.
• The Act therefore places the details of most finer‑grained enforcement into subsidiary regulations which may create offences and fines up to the statutory caps in s 10(3). Without consulting those regulations, one cannot specify the universe of criminal or civil penalties under the Act itself.

Practical enforcement consequences

• The main statutory levers in the Act are invalidity and procedural checks: transactions executed without required consents or without parliamentary or referendum approval cannot take legal effect under the Act. The Act does not prescribe a statutory criminal sanction for each type of prohibited transaction, but regulatory offences may be available if regulations are made to that effect (s 10(3)).
• Non‑compliance with governance duties, licence requirements under the Electricity Supply Industry Act 1995 (s 7(1)), or Treasurer’s Instructions under the Government Business Enterprises Act 1995 (s 5(3); s 7(2A)) may invite enforcement under those external regimes rather than under this Act directly.

Who enforces

• The Act vests oversight responsibilities in Ministers, Parliament and, where regulations so provide, delegated officers. Parliament’s approval processes and the referendum mechanism provide political and constitutional enforcement; regulatory mechanisms under s 10 potentially provide statutory enforcement handled by the relevant prosecuting or regulatory body identified in the regulations.

In short, the Act delegates to regulations the power to create offences and monetary penalties and relies primarily on consent, licence and approval mechanisms enforced administratively and politically. The specific criminal or civil sanctions applicable in practice will depend on regulations and on enforcement under the cross‑referenced statutes (the Electricity Supply Industry Act 1995 and the Government Business Enterprises Act 1995).

The Act is structured to operate in a network with several named statutes; it both imports duties from those laws and creates specific carve‑outs.

Government Business Enterprises Act 1995

• The Corporation is explicitly a Government Business Enterprise under the Government Business Enterprises Act 1995 (s 4(2)). The Act incorporates elements of the GBE framework: s 5(3) requires that trading and financial arrangements concerning derivatives or electricity from renewables must be entered into in accordance with relevant Treasurer’s Instructions or directions given by the Minister and the Treasurer, jointly, under the GBE Act. Section 7(2A) clarifies that Ministerial consent under s 7(2) is additional to requirements under the GBE Act, including Treasurer’s Instructions and joint directions. Section 7(7A) (inserted 2001) explicitly disapplies s 10(7) of the GBE Act in respect of prescribed generating plant or land on which such plant sits, demonstrating a legislative interaction that limits the reach of some GBE provisions in respect of protected assets.

Electricity Supply Industry Act 1995, National Electricity Law, Rules and Market

• The Corporation may only carry out functions that require a licence under the Electricity Supply Industry Act 1995 in pursuance of a licence under that Act (s 7(1)). This ties operational activity to the licensing regime of the electricity sector and imports the compliance and regulatory obligations that flow from that Act.
• The Act references the National Electricity Law, National Electricity Market and National Electricity Rules in the definitions (s 3) and empowers the Corporation to participate in the National Electricity Market (s 5(2)(d)). Participation will therefore be subject to the National Electricity Rules and market obligations, although the detailed obligations are set out in those external instruments rather than in this Act.

Referendum Procedures Act 1994

• The Act makes the Referendum Procedures Act 1994 the mechanism for holding referenda required by s 7(6) and for approving proposals to amend or repeal specified sections under s 7(11). Thus the procedural posture and legal effect of a referendum will be governed by that Act.

Administrative Arrangements Act 1990

• Section 11 uses the Administrative Arrangements Act 1990 as the trigger for potential reassignment of administration. Until an order under s 4 of that Act is made, the administration is assigned to the Minister for Energy and the department responsible is the Corporation (s 11). That provides a bridge to executive administrative machinery.

Other statutes

• The Act contains built‑in entrenchment features: s 7(11) declares that repealing or amending particular subsections is ineffective unless approved by referendum under the Referendum Procedures Act 1994. Subsection 7(12) provides exceptions for Acts that re‑enact substantially similar provisions or do not lessen required majorities. This interacts with constitutional processes for Parliament and with referendum law.
• The Schedule 1 insertion by the 2001 amendment lists prescribed generating plant. Interaction with land law and property rights will occur when dealing with land or easements that form part of the assets; the Act imposes consent/approval barriers to such dealings (s 7(2), (8)).

Regulations

• Section 10 empowers regulation making, including delegation to ministers or officers and creation of offences. The regulatory layer will be the primary vehicle to implement details that interact with other administrative and criminal law provisions.

Overall, the Act is a framework statute that explicitly references and defers to sectoral licences, GBE governance rules, parliamentary and referendum procedures, and administrative arrangements. It does not replace those external regimes, but imposes additional statutory gates (consents, parliamentary approvals and referendum requirements) for particular transactions and activities, and it integrates the Corporation into the National Electricity Market and GBE frameworks.

The Act text provided includes explicit amendment annotations and inserted provisions. The following changes are recorded within the statute text and are the only amendment history to rely upon:

• 1997 Amendments (No. 71 of 1997): Multiple amendments were applied on 1 July 1998. Notable substitutions and insertions include:

  • Substitution of s 5 (functions and powers) by No. 71 of 1997, s 5, applied 01 Jul 1998, which redefined the Corporation’s functions and powers (see s 5 heading).
  • Amendments to definitions in s 3, including additions to the meaning of electricity infrastructure and related definitions (s 3 annotations).
  • Amendments to s 7 and s 8 (limitations on powers and construction rules) with multiple cross‑references showing the 1997 amendments applied on 01 Jul 1998 (e.g., s 7(2)-(7), s 8(1)-(4)).
  • Insertion of s 10(5)-(6) and amendments to s 10 concerning savings and transitional provisions consequent on the Hydro‑Electric Corporation Amendment Act 1997 (see s 10 annotations).

• 2000 Amendments (No. 36 of 2000): Applied 29 June 2000. Key changes include:

  • Insertion of the Basslink definition and associated references (s 3 amended by No. 36 of 2000, s 4).
  • Insertion of s 5(3) authorising the Corporation to enter into trading and financial arrangements concerning derivatives or electricity from renewable or other energy sources, in accordance with Treasurer’s Instructions or Minister/Treasurer directions (s 5(3) inserted by No. 36 of 2000, applied 29 Jun 2000).
  • Insertions to s 7 concerning Basslink‑related acquisition/disposal procedures (s 7(8)-(10) inserted by No. 36 of 2000, applied 29 Jun 2000).
  • Definition adjustments in s 3 for subsidiary, National Electricity Law, National Electricity Market and National Electricity Rules referencing other Acts.

• 2001 Amendments (No. 115 of 2001): Applied 17 December 2001. Notable insertions and substitutions:

  • Significant additions to s 7 including the entrenchment provision at s 7(11)-(13), the exceptions in s 7(7), the disapplication of s 10(7) of the GBE Act in s 7(7A), and the definition of "prescribed generating plant" in s 7(13) with reference to Schedule 1 (s 7 substituted/inserted by No. 115 of 2001).
  • The insertion of Schedule 1 listing prescribed generating plants (Schedule 1 inserted by No. 115 of 2001, applied 17 Dec 2001).
  • Amendments to s 8(4) clarifying the definition of "major power facility" and excluding wind generation and certain modifications from "new generating plant" (s 8(4) amended by No. 115 of 2001).

• 2005 Amendments (No. 78 of 2005): Applied 15 December 2005 and 1 January 2008 in parts. The Act’s text shows amendments to the definition of Basslink and to the National Electricity Market/National Electricity Rules definitions referencing the Electricity Supply Industry Act 1995 and its terms (s 3 annotations reference No. 78 of 2005, s 53 and s 55, applied 15 Dec 2005 and applied 01 Jan 2008 respectively).

• 2025 Amendments (No. 18 of 2025): Applied 1 January 2026. Evident in annotations:

  • Amendment to s 5(3) updated 2025 changes (s 5(3) amended by No. 18 of 2025, s 25, applied 01 Jan 2026).
  • Insertion of s 7(2A) (s 7(2A) inserted by No. 18 of 2025, s 26, applied 01 Jan 2026) clarifying that consent under s 7(2) is in addition to requirements under the GBE Act.
  • These later amendments further tighten the interaction between s 7 consents and the GBE framework and update the authority for derivative transactions.

What the amendment history shows in statutory terms

• The Act has been progressively updated to integrate new infrastructure concepts (Basslink), align the Corporation with national electricity market arrangements, carve out special protections for a list of pre‑existing generating plant, and calibrate the intersection with the GBE regulatory framework.
• The 2001 package was a major structural amendment that inserted entrenchment and a prescribed list of generating plant (Schedule 1). The 2000 amendments brought Basslink into the statutory scheme. The 2025 amendments clarified the relationship between Ministerial consent and GBE regime obligations and adjusted power to enter derivatives and renewable trading consistent with Treasurer’s Instructions.

These are the amendment entries recorded within the Act’s text. The Act itself contains the textual annotations showing the amendment instrument numbers, sections and applied dates; this account summarises those recorded changes as they appear in the provided text.

The statute text supplied does not cite, summarise or reference any judicial decisions concerning this Act. The Act’s own annotations record only legislative amendments and not case law. Therefore, within the boundaries of the provided source material:

• There are no cases named, or reported judicial decisions summarised, in the Act text itself.
• The Act does not list or summarise precedents or judicial interpretations.

Potential areas where litigation might arise, as indicated by the Act’s text While the source contains no litigation history, the statutory architecture identifies several dispute‑prone areas that could give rise to legal proceedings or judicial interpretation in practice. These observations follow only from the statutory mechanics and do not assert that litigation has occurred:

• Validity of transactions executed without required consents: s 7(2) requires written Ministerial consent for dealings with prescribed generating plant or related land. Disputes could arise about whether a consent was validly obtained or whether a particular dealing falls within the statutory definition of "deal with or dispose of". Litigation could concern whether a purported transaction is rendered of no effect by failure to comply with s 7(2) or s 7(4)-(6) (parliamentary or referendum approval requirements).
• Interpretation of "significant change to the capacity of the Corporation to generate electricity": s 7(7)(b) exempts dealings that do not result in a significant change. Determining what is "significant" may invite judicial interpretation.
• The entrenchment provision (s 7(11)-(12)): a challenge could arise about whether a later parliamentary Act purported to amend or repeal the protected subsections and whether the exceptions in s 7(12) apply. Courts might be asked to determine whether a subsequent enactment is "substantially similar" or whether it "lessens a majority required" under s 7(11).
• Basslink procedural compliance: s 7(8)-(10) sets out a bespoke procedure for Basslink land acquisitions and disposals, including tabling and joint Ministerial agreement. Disputes could arise over the scope of those exceptions and the consequences of failure to follow the tabling or agreement steps.
• Interaction with the Electricity Supply Industry Act 1995 and the GBE Act: s 7(1), s 5(3) and s 7(2A) create layered compliance obligations. Litigation could arise about which regime takes precedence where obligations overlap, or about the validity of Treasurer’s Instructions or joint directions as applied to particular derivative or trading arrangements.

Because the Act text supplied contains no cases, readers must consult external legal databases or court reports to identify any decided cases interpreting the Act. The Act itself provides the statutory touchpoints that would frame any litigation: statutory definitions, consent and approval thresholds, entrenchment clauses and the GBE/sectoral interactions noted above.

The statute contains several specific provisions and interactions that can produce surprising legal or practical consequences if overlooked.

Entrenchment of core protections

• Section 7(11) makes an Act that purports to repeal or amend several specified subsections (including s 7(2), (4), (6), (7), (12), (13) and the definition of prescribed generating plant) of no effect unless the proposal for repeal or amendment is approved by a majority of electors in a referendum held under the Referendum Procedures Act 1994. That creates a high statutory hurdle to altering certain protections, and s 7(12) limits the exceptions to substantially similar replacements or non‑lessening of majority requirements. Practically, lawmakers and counsel must recognise that normal legislative amendment is constrained by s 7(11) and plan for the referendum route or the limited exceptions in s 7(12) (s 7(11)-(12)).

Prescribed generating plant list is frozen to a historical date

• "Prescribed generating plant" is defined as generating plant as it existed on 30 June 2001 and specifically listed in Schedule 1 (s 7(13)). This temporal anchoring means the protective apparatus applies to assets as of that date and their parts. It is not a floating category based on current asset ownership or capacity. Transactions involving later additions or modifications may not attract the same statutory protections, depending on their characterization.

Parliamentary versus referendum approvals differ by asset

• The Bell Bay Power Station is treated differently from other prescribed generating plant. A consent dealing with Bell Bay or land on which it’s situated is of no effect until approved by both Houses (s 7(4)-(5)). Other prescribed generating plant require referendum approval (s 7(6)). Practitioners must identify which approval route applies to a given asset to avoid invalid transactions.

Consent is additional to GBE obligations

• Section 7(2A) (inserted by 2025 amendment) clarifies that Ministerial consent under s 7(2) is in addition to requirements under the Government Business Enterprises Act 1995, including Treasurer's Instructions and joint Minister/Treasurer directions (s 7(2A)). This means satisfying s 7 consent does not discharge obligations under the GBE framework; compliance planning must accommodate both.

Exceptions can be narrow in effect

• Subsection 7(7) creates carve‑outs for maintenance, repair, replacement or upgrading and for dealings that do not significantly change generation capacity. The Act does not define "maintenance" or "significant change", so transaction parties face interpretive risk about whether a proposed dealing fits an exemption (s 7(7)). That interpretive uncertainty can delay deals.

Basslink has bespoke rules that both exempt and require extra steps

• If an agreement under s 5(2)(f) provides that the Corporation may acquire all or part of Basslink, certain land transactions are exempt from the s 7 consent requirement (s 7(8)(a)). However, s 7(8)(c) then requires both relevant Ministers to agree in writing and the Minister to table a notice in both Houses specifying intentions and reasons (s 7(8)(c)(i)-(ii); s 7(10)). Thus Basslink transactions may be administratively streamlined in some respects but subject to joint‑Ministerial oversight and parliamentary notice in others, producing a mixed compliance picture.

Unclear enforcement model for unauthorised transactions

• The Act renders some consents "of no effect" absent parliamentary or referendum approval (s 7(4)-(6)), but does not crystallise a penalty scheme for executing unauthorised deals apart from the potential for regulations to make offences with statutory fines (s 10(3)). Practitioners must therefore consider both the invalidity of transactions and the separate regulatory or sectoral sanctions that may attach under regulations or complementary statutes (s 10; s 7(1)).

Ministerial attendance and agenda rights

• The Minister’s right to attend board meetings and propose business (s 9(2)) means that governance independence can be directly influenced by executive input. Counsel advising boards must be alert to how Ministerial attendance might interact with director duties and decision‑making processes.

Regulations can delegate broad powers

• Section 10(4) allows regulations to authorise matters to be determined by the Minister or persons nominated in regulations. Regulators may therefore create significant administrative discretion at the secondary legislative level, with attendant procedural and legal risks if delegations are wide or insufficiently supervised.

Retailing subject to Ministerial approval

• The Corporation may retail electricity only if the Minister approves (s 5(1)(c)). That creates a gate to entering the retail market, which could affect commercial strategy and timetable.

Definition exclusions in major power facility rules

• The definition of "new generating plant" excludes modifications, replacements on the same site, and (as amended in 2001) wind generation (s 8(4) as amended). Transactions that purport to avoid parliamentary approvals by framing works as "modifications" rather than "new generating plant" may be contested.

These points are statutory realities derived from the Act’s text and should be considered when structuring projects, transactions or governance arrangements involving the Corporation.

Compliance under the Act requires attention to licensing, consent regimes, parliamentary and referendum processes, GBE requirements, and regulatory instruments. The following steps translate the statutory requirements into practical actions tied to specific sections.

1. Licensing and sector rules

• Before undertaking any function that requires a licence under the Electricity Supply Industry Act 1995, ensure the Corporation holds the requisite licence(s) (s 7(1)). Coordinate legal and regulatory teams to map which activities require licences and secure them before operations commence.

2. Internal governance and Ministerial engagement

• If the Minister requests a board meeting, the chairperson must convene it (s 9(1)). Boards should maintain procedures to respond promptly to Ministerial requests and to record Ministerial attendance and proposals (s 9(2)). Ensure minutes capture the Minister’s proposed business and any resulting board directions, with legal counsel present if necessary.

3. Transactions involving prescribed generating plant or related land

• Identify whether the asset is listed in Schedule 1 as a "prescribed generating plant" (s 7(13) and Schedule 1). For any proposed dealing or disposal of such plant or land, obtain written consent from the Minister or the Minister’s delegate under s 7(2) before proceeding.
• Where the proposed dealing concerns Bell Bay or land on which Bell Bay sits, plan for parliamentary approval by both Houses: the consent is of no effect until approved by both Houses, and s 7(5) sets out procedural timing for House approval (s 7(4)-(5)). Engage parliamentary counsel early and prepare the information required for House consideration.
• For other prescribed generating plants, structure the transaction subject to the referendum requirement in s 7(6). That invokes the Referendum Procedures Act 1994; compliance will therefore require coordination with electoral authorities and timetable allowances for referendum conduct.
• Consider whether the dealing falls within s 7(7) exceptions (maintenance/repair/replacement/upgrading or non‑significant capacity change). Obtain legal advice early because these exceptions are fact‑sensitive and the Act provides no precise numerical thresholds for "significant".

4. Basslink‑related transactions

• If participating in arrangements under s 5(2)(f) that contemplate the Corporation acquiring whole or part of Basslink, follow s 7(8)-(10): land necessary for the Basslink acquisition and subsequent dealings in that land are exempt from the s 7(2) consent requirement (s 7(8)(a)-(b)), but the acquisition or disposal of Basslink requires written agreement by both the Minister and the Minister administering the GBE Act (s 7(8)(c)(i)), and the Minister must table a notice in both Houses specifying intention and reasons (s 7(8)(c)(ii) and s 7(10)). Ensure documentation demonstrates both Ministers’ written agreement and the required tabling.

5. Major power facility proposals

• For any proposed construction or participation in constructing a major power facility (new generating plant exceeding 40 MW or a regulation‑fixed threshold), either secure specific authorising legislation or lay a detailed proposal before both Houses and obtain their approval per s 8(1)-(3). The proposal must include the nature and capacity of the facility, location and estimated cost plus financing arrangements (s 8(2)). Build parliamentary engagement time into project timetables.

6. Financial and derivative arrangements

• For trading and financial arrangements that concern derivatives or electricity from renewable or other sources, comply with Treasurer’s Instructions and joint Minister/Treasurer directions under the GBE Act (s 5(3)). Liaise with Treasury and the Minister’s office to obtain or confirm the relevant instructions and directions before finalising such arrangements.
• Remember s 7(2A): Ministerial consent under s 7(2) is in addition to obligations under the GBE Act, so secure both sets of approvals when relevant.

7. Regulatory compliance and offences

• Monitor regulations made under s 10. The Governor may make regulations that create offences with fines up to 100 penalty units and continuing daily fines up to 10 penalty units (s 10(3)); ensure internal compliance systems track obligations imposed by any regulations, and maintain documentation to defend against alleged contraventions.
• Note that regulations can delegate matters to the Minister or nominated officers (s 10(4)). Where regulations delegate decision rights, ensure delegated functions are performed in accordance with legal standards and recorded to withstand review.

8. Procedural safeguards for politically sensitive transactions

• Where transactions trigger parliamentary approval or referendum requirements, coordinate with parliamentary counsel and electoral authorities early. For referenda‑triggering transactions, factor in the timeline and costs of conducting a referendum under the Referendum Procedures Act 1994 (s 7(6), s 7(11)). For parliamentary approvals, prepare the necessary material and be ready for the procedural periods set out in s 7(5) and s 8(3).

9. Recordkeeping and document retention

• Given the Act’s focus on written consents and tabling notices, maintain contemporaneous, signed written consents from Ministers and Ministers administering the GBE Act (s 7(2); s 7(8)(c)(i)). For parliamentary tabling, retain proof of laying before each House and, if necessary, publication in the Gazette when Houses are not sitting (s 7(10)).

10. Legal review and pre‑deal clearance

• For any proposed dealing with Schedule 1 assets, major power facility projects, Basslink transactions or derivative/trading arrangements, secure legal sign‑off confirming compliance with s 5, s 7, s 8, s 9, s 10 and s 11 as applicable, and confirming whether any additional licences or approvals under the Electricity Supply Industry Act 1995 or the GBE Act are necessary (s 7(1); s 5(3); s 7(2A)).

These steps map statutory requirements to practical tasks. Because many implementation details sit in subsidiary regulations and in the cross‑referenced statutes, compliance must be coordinated across the Act, its regulations (when made), the Government Business Enterprises Act 1995 and the Electricity Supply Industry Act 1995.