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South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.65Transfer direction
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### sec.65 Transfer direction
The Minister may give a direction (a transfer direction ) to any of the following (a relevant entity ) to do anything the Minister considers necessary to achieve the transition to a distributor-retailer from its participating local governments—
the distributor-retailer;
the board;
any of the distributor-retailer’s participating local governments.
Without limiting subsection (1) , a transfer direction may be about—
executing an instrument; or
disclosing information; or
for the distributor-retailer, according particular terms and conditions of employment to its employees affected by the transfer during a stated period after its establishment consistent with the staff support framework; or
anything the Minister considers necessary to remedy a contravention of the staff support framework.
Section 79 provided for the approval of a staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .
A transfer direction must be in writing and signed by the Minister.
If a relevant entity is given a transfer direction—
the entity must comply with the direction; and
if the entity is the distributor-retailer—its board must take the action necessary to ensure the distributor-retailer complies with the direction.
Maximum penalty—1,000 penalty units.
In this section—
board includes, for a local government, its councillors.
s 65 amd 2012 No. 13 s 5 (retro)
(sec.65-ssec.1) The Minister may give a direction (a transfer direction ) to any of the following (a relevant entity ) to do anything the Minister considers necessary to achieve the transition to a distributor-retailer from its participating local governments— the distributor-retailer; the board; any of the distributor-retailer’s participating local governments.
(sec.65-ssec.2) Without limiting subsection (1) , a transfer direction may be about— executing an instrument; or disclosing information; or for the distributor-retailer, according particular terms and conditions of employment to its employees affected by the transfer during a stated period after its establishment consistent with the staff support framework; or anything the Minister considers necessary to remedy a contravention of the staff support framework. Section 79 provided for the approval of a staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .
(sec.65-ssec.3) A transfer direction must be in writing and signed by the Minister.
(sec.65-ssec.4) If a relevant entity is given a transfer direction— the entity must comply with the direction; and if the entity is the distributor-retailer—its board must take the action necessary to ensure the distributor-retailer complies with the direction. Maximum penalty—1,000 penalty units.
(sec.65-ssec.5) In this section— board includes, for a local government, its councillors.
- (a) the distributor-retailer;
- (b) the board;
- (c) any of the distributor-retailer’s participating local governments.
- (a) executing an instrument; or
- (b) disclosing information; or
- (c) for the distributor-retailer, according particular terms and conditions of employment to its employees affected by the transfer during a stated period after its establishment consistent with the staff support framework; or
- (d) anything the Minister considers necessary to remedy a contravention of the staff support framework.
- (a) the entity must comply with the direction; and
- (b) if the entity is the distributor-retailer—its board must take the action necessary to ensure the distributor-retailer complies with the direction.