8Continuation of unamended Act for purposes of winding up

8 Continuation of unamended Act for purposes of winding up

8 Continuation of unamended Act for purposes of winding up

(1) Subject to this Part, the provisions of the 1995 Act that are amended or repealed by the 1997 Act (as those provisions were in force immediately before the appointed day) continue to have effect for the purpose only of dealing with matters arising out of the wholesale market for electricity formerly regulated by that Act.

(2) In particular, for the purpose referred to in subclause (1):

(a) any authorisation in force under the 1995 Act immediately before the appointed day remains in force:

(i) subject to the same conditions (whether arising by operation of that Act or otherwise) as those to which it was subject immediately before the appointed day, and

(ii) despite any condition that purports to terminate the authorisation as a consequence of the commencement of the 1997 Act or the national electricity market referred to in the 1997 Act, and

(b) the person who, immediately before the repeal of section 77 of the 1995 Act, was the Market and System Operator under that Act continues to be the Market and System Operator, and

(c) any rules, procedures and conditions of wholesale market operation that were in force under section 78 of the 1995 Act immediately before the appointed day continue to have effect in accordance with their terms as if that section had not been repealed, and

(d) any powers that, immediately before the appointed day, were exercisable by the Market and System Operator under section 79 of the 1995 Act with respect to the imposition of management fees continue to be exercisable by the Market and System Operator, and

(e) any powers that, immediately before the appointed day, were exercisable by the Minister under Schedule 1 to the 1995 Act in connection with a contravention of the requirements of that Act or the regulations under that Act, or the conditions of an authorisation in force under that Act, continue to be exercisable by the Minister, and

(f) any right of appeal that, immediately before the appointed day, existed under section 95 of the 1995 Act in connection with a decision by the Minister of the kind referred to in paragraph (e) continues to exist.

(3) The matters in respect of which any management fees referred to in subclause (2) (d) may be charged include: