Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997
An Act to make amendments consequential on the enactment of the Electricity Industry Safety and Administration Act 1997 , to enact provisions of a saving or transitional nature and for related purposes
[Royal Assent 22 December 1997]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997 .
This Act commences on a day or days to be proclaimed.
PART 2 - Consequential amendmentsSee Schedule 1 .
PART 3 - Savings and Transitional Provisions
(1) In this Part –date of transition means a date, which must be a date falling within 12 months after the commencement of the new Act, fixed by the Minister by notice published in the Gazette;HEC means the Hydro-Electric Corporation formerly known as the Hydro-Electric Commission;new Act means the Electricity Industry Safety and Administration Act 1997 ;old Act means the Hydro-Electric Commission Act 1944 ;old regulations means the Hydro-Electric Commission (Licensing of Electrical Contractors and Mechanics) Regulations 1934 .(2) Words and expressions used in this Part are, where relevant, to be construed by reference to definitions in the new Act.
5. Postponement of repeal of old regulations
Despite section 11 of the Subordinate Legislation Act 1992 and section 16 of the Hydro-Electric Corporation (Consequential and Miscellaneous Provisions) Act 1996 , the old regulations continue in operation until the date of transition.
6. Preservation of licences under old regulations
(1) A person who is licensed as an electrical contractor under the old regulations immediately before the date of transition is taken to have been licensed under the new Act as an electrical contractor until the expiration of the term for which the licence was granted.(2) A person who is licensed as an electrical mechanic under the old regulations immediately before the date of transition is taken to hold an electrical technician's licence under the new Act authorising the person to carry out electrical work of the class previously authorised under the old regulations until the expiration of 12 months from the date of transition.
(1) A rating system established under section 40 of the new Act may provide for the adoption of the relevant ratings, as at the date of transition, of persons who were formerly licensed as electrical contractors or mechanics under the old regulations and become the holders of electrical contractors' licences or electrical technicians' licences under the new Act.(2) The relevant ratings are the ratings as they existed at the date of transition under the rating system established, by administrative act of the HEC, in relation to persons licensed as electrical contractors or mechanics under the old regulations.
8. Approvals of electrical articles
An approval granted under an Act in relation to an electrical article before the date of transition, and in force immediately before the date of transition, continues in force, subject to variation or revocation by the Regulator, as if it were an approval in relation to an electrical article under Part 4 of the new Act.
9. Preservation of effect of decisions
Any decision of the HEC made before the date of transition under the old Act that is relevant to the functions of the Regulator under the new Act continues in force, subject to variation or revocation by the Regulator, as if it were a decision of the Regulator under the corresponding provision of the new Act.
10. Preservation of legal proceedings
Any legal proceedings commenced by or against the HEC under the old regulations before the date of transition may be continued and completed after the date of transition by or against the Regulator.
(1) The Governor may make regulations of a savings or transitional nature in relation to –(a) the old Act; or(b) the old regulations; or(c) the transition to the new Act.(2) A provision of a regulation made under this section may take effect on a day proclaimed under section 2 or a later day.
PART 4 - Administration
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Energy; and(b) the Department responsible to the Minister for Energy in relation to the administration of this Act is the Office of Energy Planning and Conservation.
SCHEDULE 1The amendments effected by Section 3 and this Schedule have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .