NORTHERN TERRITORY OF AUSTRALIA
POWER GENERATION CORPORATION ACT 2014
As in force at 1 January 2022
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Act binds Crown .............................................................................. 1
Part 2 Power Generation Corporation
5 GenCorp established ....................................................................... 1
6 Government owned corporation ...................................................... 2
7 Status as Agency............................................................................. 2
8 Matters relating to Public Sector Employment and
Management Act 1993 .................................................................... 2
Part 3 Functions of GenCorp
9 Functions ......................................................................................... 2
10 Restriction on retail supply of electricity ........................................... 3
11 Review of restriction on retail sale ................................................... 3
12 Extension of retail restriction period................................................. 4
Part 4 Miscellaneous matters
13 Exemption from local government rates etc..................................... 4
14 Protection of employees from personal liability................................ 5
15 Authentication of documents ........................................................... 5
16 Money due to Corporation ............................................................... 5
17 Regulations...................................................................................... 5
Schedule Modifications of Public Sector
Employment and Management Act 1993 in
relation to GenCorp
1 Sections 22 and 23 modified ........................................................... 6
2 Section 24 modified ......................................................................... 6
3 Sections 27 and 28 modified ........................................................... 7
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 January 2022
POWER GENERATION CORPORATION ACT 2014
An Act to establish the Power Generation Corporation and for related
purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Power Generation Corporation
Act 2014.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
CEO means the person appointed under section 16 of the
Government Owned Corporations Act 2001 to be the chief
executive officer of GenCorp.
GenCorp means the Power Generation Corporation established by
section 5.
4 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
Part 2 Power Generation Corporation
5 GenCorp established
The Power Generation Corporation is established.
Part 3 Functions of GenCorp
Power Generation Corporation Act 2014 2
6 Government owned corporation
GenCorp is declared to be a Government owned corporation for the
purposes of the Government Owned Corporations Act 2001.
7 Status as Agency
(1) GenCorp:
(a) is an Agency for the purposes of the Public Sector
Employment and Management Act 1993; and
(b) is not an Agency for the purposes of any other Act.
(2) An Administrative Arrangements Order cannot be made that
nominates GenCorp as an Agency.
8 Matters relating to Public Sector Employment and
Management Act 1993
(1) The CEO is the Chief Executive Officer of GenCorp for the
purposes of the Public Sector Employment and Management
Act 1993.
(2) The Public Sector Employment and Management Act 1993 applies
in relation to GenCorp as if it had been amended as set out in the
Schedule.
Part 3 Functions of GenCorp
9 Functions
GenCorp's functions are as follows:
(a) to generate, acquire and supply electricity;
(b) to acquire, transport and supply energy sources from which
electricity may be generated;
(c) to acquire, develop, operate and supply technologies
(including operating software) designed to improve the
efficiency of electricity generation plant and equipment;
(d) to provide services that are necessary or expedient for the
security or reliability of a power system;
(e) to undertake, maintain and operate any works, system,
facilities, apparatus or equipment required in relation to a
function mentioned in paragraphs (a) to (d);
Part 3 Functions of GenCorp
Power Generation Corporation Act 2014 3
(f) to use the fixed assets that it has for the purpose of
performing a function mentioned in paragraphs (a) to (d) for
other purposes, so long as the proper performance of that
function is not affected;
(g) to develop, manufacture and market any product, technology
or software or other intellectual property that relates to a
function mentioned in paragraphs (a) to (f);
(h) to use its expertise and resources to provide consultative,
advisory or other services for profit;
(i) to do anything that GenCorp determines to be conducive or
incidental to the performance of a function mentioned in
paragraphs (a) to (h);
(j) to perform any other functions conferred on GenCorp under
this or any other Act.
Note for section 9
Under section 50 of the Government Owned Corporations Act 2001, GenCorp
has, for or in connection with the performance of its functions, all the powers of a
natural person including the power to do all other things necessary or convenient
to be done for, or in connection with, the performance of its functions.
10 Restriction on retail supply of electricity
(1) Despite section 9(a), GenCorp must not supply electricity to a
person for the person's own use unless:
(a) the retail restriction period has expired; or
(b) the supply is authorised by the Minister under subsection (3).
(2) The retail restriction period is:
(a) the period of 5 years from the commencement of this section;
and
(b) if a declaration is made under section 12, the period of the
extension stated in the declaration.
(3) The Minister may, by Gazette notice, authorise GenCorp to supply
electricity to a specified person, or specified class of persons, for
the person's or persons' own use during the retail restriction period.
11 Review of restriction on retail sale
(1) The Minister must review the operation of section 10(1) before the
expiry of 4 years from the commencement of this section.
Part 4 Miscellaneous matters
Power Generation Corporation Act 2014 4
(2) The purpose of the review is to determine the effect that the
operation of section 10(1) has had, and is likely to have, on the
encouragement of competition in the generation, retail and
wholesale electricity markets in the Territory.
12 Extension of retail restriction period
(1) The Minister may, by Gazette notice, declare that the retail
restriction period is extended by a period not exceeding 5 years
stated in the declaration.
(2) The Minister cannot do so:
(a) before the review required by section 11 is completed; or
(b) after the expiry of the period of 5 years mentioned in
section 10(2)(a).
(3) The Minister must table a copy of the declaration in the Legislative
Assembly within 3 sitting days after the Gazette notice is published.
(4) If the declaration is not tabled in accordance with subsection (3), it
is of no effect.
(5) Section 63C of the Interpretation Act 1978 applies in relation to the
declaration as if it were subordinate legislation.
Part 4 Miscellaneous matters
13 Exemption from local government rates etc.
(1) GenCorp land is exempt from local government rates.
(2) Subsection (1) does not apply in relation to charges for works
carried out or goods or services provided by a local government
council in relation to GenCorp land.
(3) If GenCorp land is leased to another person:
(a) subsection (1) does not apply in relation to local government
rates in relation to the land for the period for which it is leased;
and
(b) any local government rates in relation to the land for that
period:
(i) are not payable by GenCorp; and
(ii) are payable instead by the lessee.
Part 4 Miscellaneous matters
Power Generation Corporation Act 2014 5
(4) In this section:
GenCorp land means land owned by or under the care, control and
management of GenCorp.
local government rates means any rates, charges or taxes under
the Local Government Act 2019.
14 Protection of employees from personal liability
An employee or agent of GenCorp is not personally liable for any
act or default of that person or GenCorp done or omitted to be done
in good faith in the course of the operations of GenCorp or for the
purposes of this Act.
15 Authentication of documents
A document requiring authentication by GenCorp is sufficiently
authenticated without the seal of GenCorp if signed by a person
authorised to do so by GenCorp's board
16 Money due to Corporation
Any money due to GenCorp under this Act may be recovered by
GenCorp as a debt.
17 Regulations
The Administrator may make regulations under this Act.
Schedule Modifications of Public Sector Employment and Management Act 1993 in
relation to GenCorp
Power Generation Corporation Act 2014 6
Schedule Modifications of Public Sector Employment
and Management Act 1993 in relation to
GenCorp
section 8(2)
1 Sections 22 and 23 modified
Sections 22 and 23
repeal
2 Section 24 modified
(1) Section 24(1)
omit, insert
(1) The functions of the Chief Executive Officer of the Power
Generation Corporation under this Act are to employ and manage
employees in accordance with this Act for the purpose of enabling
the Corporation to perform its functions.
Note for subsection (1)
In the exercise of his or her functions, the Chief Executive Officer is subject to the
direction of the Board of the Power Generation Corporation (see section 16(5) of
the Government Owned Corporations Act 2001).
(2) Section 24(2)(a)
omit
(3) Section 24(2)(b)
omit, insert
(b) upholds the human resource management principle and
performance and conduct principle; and
(4) Section 24(3)(b) and (h)
omit
(5) Section 24(4)
omit
or any other Act.
Schedule Modifications of Public Sector Employment and Management Act 1993 in
relation to GenCorp
Power Generation Corporation Act 2014 7
insert
Act in relation to employees.
3 Sections 27 and 28 modified
Sections 27 and 28
repeal
ENDNOTES
Power Generation Corporation Act 2014 8
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Power Generation Corporation Act 2014 (Act No. 14, 2014)
Assent date 13 May 2014
Commenced 29 May 2014 (Gaz S29, 29 May 2014, p 2)
Local Government Act 2019 (Act No. 39, 2019)
Assent date 13 December 2019
Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,
30 June 2021)
Amending Legislation
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Local Government Amendment Act 2021 (Act No. 15, 2021)
Assent date 25 May 2021
Commenced 26 May 2021 (s 2)
Interpretation Amendment Act 2021 (Act No. 28, 2021)
Assent date 15 December 2021
Commenced 1 January 2022 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 3, 6, 7, 8, 9, 12 and 13 and
sch.
ENDNOTES
Power Generation Corporation Act 2014 9
4 LIST OF AMENDMENTS
s 12 amd No. 28, 2021, s 20
s 13 amd No. 39, 2019, s 370