Gladstone Power Station Agreement Act 1993

An Act authorising the making of an agreement about the sale of the Gladstone Power Station, and for related purposes

1Short title

This Act may be cited as the Gladstone Power Station Agreement Act 1993.

2Definitions

In this Act—

Commission has the meaning given by the Electricity Act.

Electricity Act means the Electricity Act 1994.

s 2 def Electricity Act sub 1994 No. 64 s 293 sch 4

Gladstone Power Station has the meaning given in the State agreement.

GPS licensee has the meaning given in the State agreement.

Land Act means the Land Act 1962.

licence means the licence issued by the Minister for Energy under the State agreement.

Minister for Energy means the Minister responsible for the administration of the Electricity Act.

operator has the meaning given in the State agreement.

participants has the meaning given in the State agreement.

Power Station Sale Agreement has the meaning given in the State agreement.

receiving and delivery arrangement means an arrangement between each of the participants and the Commission under which electricity is—

(a)received by the Commission from each of the participants; and

(b)delivered by the Commission to customers of each of the participants.

smelter has the meaning given in the State agreement.

State agreement means the agreement made under section 3, and the agreement as amended by a further agreement under section 5 or 6.

State body has the meaning given in the State agreement.

transaction document has the meaning given in the State agreement.

3Minister may make agreement substantially in form of agreement

(1)The Minister is authorised to make, for the State, an agreement substantially in the form of the agreement set out in schedule 1.

(2)The Minister must notify, by gazette notice—

(a)the names of the parties to the agreement; and

(b)the day of the making of the agreement.

(3)The agreement is not effective unless it is made by—

(a)31 March 1994; or

(b)if a later day is prescribed by regulation—the later day.

(4)A regulation made after 31 March 1994 may prescribe a later day.

s 3 amd 1994 No. 5 s 3; 1997 No. 60 s 4

4State agreement has force of law

(1)The State agreement has effect as if it were part of this Act.

(2)If the State agreement is inconsistent with an Act, the State agreement prevails over the Act to the extent of the inconsistency.

(3)Nothing in this Act, the State agreement or a transaction document restricts the Parliament in making laws affecting the rights or obligations of any party under the State agreement or a transaction document.

5Amendment of State agreement

(1)The State agreement may be amended by a further agreement between the Minister and the other parties to the State agreement.

(1A)Without limiting subsection (1), the further agreement may add or delete a party to the State agreement.

(2)The further agreement is made by the Minister for the State.

(3)The Minister may make a further agreement only if the proposed further agreement has been approved by an Act.

(4)The Minister must notify the day of the making of the further agreement by gazette notice.

s 5 amd 1997 No. 50 s 37 sch; 1997 No. 60 s 5; 2011 No. 2 s 56

5AApproval of proposed 1997 further agreement

(1)For section 5, approval is given for the Minister to enter into a further agreement for the State.

(2)The further agreement is to be in, or substantially in, the form set out in schedule 2.

s 5A ins 1997 No. 60 s 6

amd 2011 No. 2 s 57

5BApproval of proposed 2010 further agreement

(1)For section 5, approval is given for the Minister to enter into a further agreement for the State.

(2)The further agreement is to be in, or substantially in, the form set out in schedule 3.

s 5B ins 2011 No. 2 s 58

6Amendment of Second Schedule to State agreement

(1)The Second Schedule to the State agreement may be amended by a further agreement between the chief executive of the department principally administering environmental planning and the other parties to the State agreement.

(2)The further agreement is made by the chief executive for the State.

(3)The chief executive may make a further agreement only if the proposed further agreement has been approved by an Act or regulation.

(4)The chief executive must notify the day of the making of the further agreement by gazette notice.

s 6 amd 1997 No. 60 s 7

7Enforcement of State agreement

(1)The State agreement may be enforced only by, or for, a party to the State agreement or a successor or permitted assign of a party.

(2)Subsection (1)—

(a)applies subject to section 55 (Contracts for the benefit of third parties) of the Property Law Act 1974; and

(b)does not apply to the enforcement of a law that applies under, or is amended by, the State agreement.

8Application of part

This part applies despite any other Act.

9Arrangements for making agreements

The Minister may direct State instrumentalities (including local authorities) and all other entities of the State to make arrangements about the making of the State agreement and associated agreements to facilitate the timely making of the agreements.

10Performance of State agreement

The State, Ministers, State instrumentalities (including local authorities) and all other entities of the State are authorised and required to do all things necessary or convenient to perform and give effect to—

(a)directions by the Minister under section 9; and

(b)the State agreement.

11Commission authorised to sell Gladstone Power Station

The Commission—

(a)is authorised to make the Power Station Sale Agreement; and

(b)may do all things necessary or convenient to enable it to perform its obligations and exercise its entitlements under the agreement.

12State bodies authorised to act under transaction documents

A State body mentioned as a party to an agreement that is a transaction document—

(a)is authorised to make the agreement; and

(b)may do all things necessary or convenient to enable it to perform its obligations and exercise its entitlements under the agreement.

13Issue of licence

(1)The Minister for Energy must issue a licence to the GPS licensee as required by the State agreement.

(2)The licence is taken to be a special approval under the Electricity Act 1994 authorising the following activities if done in accordance with the licence—

(a)connection of the generating plant at the Gladstone Power Station to a transmission grid or supply network;

(b)supplying electricity.

(3)Sections 60, 61, 211C and 212 of the Electricity Act do not apply to the licence or the issuing of the licence but the holder of the special approval holds the approval subject to the conditions stated in the licence.

(4)Sections 14 to 17 are taken to be provisions of the Electricity Act.

(5)The licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

s 13 amd 1994 No. 64 s 293 sch 4; 1997 No. 77 s 85; 2010 No. 44 s 112

14Amendment of licence

(1)The licence may be amended by the Minister for Energy if each of the participants agrees.

(2)The Minister for Energy must notify full details of an amendment of the licence by gazette notice.

15Revocation of licence

(1)The Minister for Energy may revoke the licence at any time by written notice to each of the participants.

(2)Subsection (1) applies only if an event specified in the licence as a ground for revocation of the licence happens.

16Termination of licence

The licence is terminated if an event specified in the licence as causing termination of the licence happens.

17Assignment, mortgage or charge of licence

The licence, or an interest in the licence, may be assigned, mortgaged or charged on the terms specified in the licence.

18Receiving and delivery arrangements authorised

(1)The Commission is authorised to undertake receiving and delivery arrangements while the licence is in force.

(2)When the Commission undertakes the receiving and delivery arrangements, it is the doing of a thing the Commission is required to do under the Electricity Act.

19Minister for Energy must not fix prices for supply under licence

(1)The Minister for Energy must not fix or control prices of, or methods of charging for, electricity supplied under the licence.

(2)Subsection (1) applies despite the Electricity Act.

(3)Subsection (1) does not prevent the Commission from—

(a)agreeing with each of the participants or another person on prices or methods of charging; or

(b)charging for its services under receiving and delivery arrangements.

s 19 amd 1994 No. 64 s 293 sch 4

25Unimproved value of power station land

(1)A determination under section 207D of the Land Act of the unimproved value of the power station land must be $1.

(2)The purchasing price to be specified in the written offer to the Commission under section 207C(a) or 207G(1)(a) of the Land Act must be $1.

(3)If the application is made before this Act commences, this section is taken to have commenced immediately before the application was made.

(4)In this section—

application means the application made by the Commission under section 207(1) of the Land Act to purchase an estate in fee simple in the power station land.

power station land means the part of the land contained in Special Lease No. 19/42584 for which the Commission makes the application.

26Certificate of employees’ rights at completion of sale of Gladstone Power Station

(1)Within 30 days after the completion of the sale of the Gladstone Power Station, the Commission must give a written certificate to each person who—

(a)immediately before the completion was an employee of the Commission at the Gladstone Power Station; and

(b)immediately after the completion becomes an employee, other than of the Commission, at the Gladstone Power Station.

(2)The certificate must state—

(a)the leave entitlements that had accrued to the person immediately before the completion as an employee of the Commission less leave taken (whether as leave or by way of payment instead of the leave); and

(b)the day from which the person’s service has been regarded as continuous service as a person employed in the electricity supply industry; and

(c)the person’s salary classification immediately before the completion.

(3)In subsection (2)—

leave includes annual leave and long service leave (or service that would be counted towards long service leave).

(4)A person to whom a certificate under subsection (1) should have been given may ask—

(a)if a certificate has not been given—that a certificate be given; or

(b)if a certificate has been given and the person claims that the information contained in the certificate is inaccurate—that an accurate certificate be given.

(5)The person must make the request under subsection (4) within 30 days of—

(a)the giving of the certificate; or

(b)the completion of the sale;

whichever is the later.

(6)The Commission must comply with the request within 30 days of receiving it.

27Employees’ superannuation

(1)Regulations may be made under the Electricity Act amending the effect of the Articles of the Queensland Electricity Supply Industry Employees’ Superannuation Scheme and the Rules for the Queensland Electricity Industry Employer-funded Accumulations Superannuation Fund with respect to the benefits and entitlements and consequent functions of persons who—

(a)immediately before the completion of the sale of the Gladstone Power Station under the Power Station Sale Agreement, are employees of the Commission; and

(b)on the completion, become employees, other than of the Commission, at the Gladstone Power Station.

(2)Despite section 380(1) of the Electricity Act 1976, an employee—

(a)to whom the subsection applied; and

(b)who elected to transfer from the State Service Superannuation Fund to the State Public Sector Superannuation Scheme; and

(c)who has been excepted from the State Public Sector Superannuation Scheme under section 3.4(4) of the Superannuation (State Public Sector) Act 1990; and

Editor’s note—

Section 3.4(4) was renumbered as section 13(4) under the Superannuation (State Public Sector) Act 1990, section 4.18.

(d)who is employed in the electricity supply industry;

becomes a member of the Queensland Electricity Supply Industry Employees’ Superannuation Scheme.

s 27 amd 1994 No. 5 s 4

28Records

The records that the Power Station Sale Agreement requires the Commission to deliver to the participants are not public records under the Public Records Act 2002.

s 28 amd 2002 No. 11 s 62 sch 1

30Trade Practices Act exceptions

The Governor in Council may, if it is necessary or desirable to do so to avoid contravention of a provision of Part IV of the Competition and Consumer Act 2010 (Cwlth), by regulation specifically authorise or approve—

(a)the establishment of a joint venture for the acquisition or operation of the Gladstone Power Station; and

(b)the acquisition of the Gladstone Power Station by the participants; and

(c)the making of and giving effect to a transaction document; and

(d)the making of and giving effect to an agreement for the supply or acquisition of goods or services (including electricity, coal and rail freight) by or to the operator or a participant about the operation of the Gladstone Power Station; and

(e)the giving effect to existing agreements about the smelter and its operation; and

(f)the making of and giving effect to arrangements about the operation or expansion of the smelter.

s 30 amd 2010 No. 54 s 67 sch

31Regulation-making power

The Governor in Council may make regulations for the purposes of this Act (including the State agreement).

s 31 amd 2004 No. 53 s 2 sch

section 3

Editor’s note—

Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time.

sch 1 hdg amd 1997 No. 60 s 8

section 5A

sch 2 hdg amd 2011 No. 2 s 59

sch 2 ins 1997 No. 60 s 9

section 5B

sch 3 ins 2011 No. 2 s 60