Electricity Entities (Contributions) Act 1997
An Act to require electricity entities to make contributions to the Consolidated Fund, to repeal certain Acts 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:
This Act may be cited as the Electricity Entities (Contributions) Act 1997 .
This Act commences on 1 January 1998.
In this Act, unless the contrary intention appears –Commonwealth pension means –(a) a pension payable under the Veterans' Entitlements Act 1986 of the Commonwealth or any Act of the Commonwealth which is passed in substitution for that Act; and(b) a pension payable under the Social Security Act 1947 of the Commonwealth or any Act of the Commonwealth which is passed in substitution for that Act;contribution means a contribution payable under section 4 ;control has the same meaning –(a) as it has in the Corporations Law; and(b) as it would have in the Corporations Law if the Corporations Law applied to a statutory authority and the Crown as if they were corporations under the Corporations Law;electricity entity has the same meaning as in the Electricity Supply Industry Act 1995 ;exempt contract means –(a) a contract entered into under section 54 of the Hydro-Electric Commission Act 1944 including a contract that relates to transferred business, within the meaning of section 10 of the Electricity Companies Act 1997 , which vests in the electricity entity by reason of that section; and(b) a contract which varies a contract referred to in paragraph (a) ; and(c) a contract which provides for the purchase of electricity by a prescribed electricity entity for the purpose of reselling the electricity; and(d) a contract, or a contract of a class of contract, declared by the Treasurer by notice in the Gazette to be an exempt contract;prescribed electricity entity means an electricity entity that is also a statutory authority or a State-owned company;quarter means –(a) the period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year; and(b) any part of such a period;retailing has the same meaning as in the Electricity Supply Industry Act 1995 ;State-owned company means a company incorporated under the Corporations Law which is controlled by the Crown, a statutory authority or a State-owned company;statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or the royal prerogative, being a body which, or of which, the governing authority wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or a statutory authority;total revenue means the total amount received by a prescribed entity in respect of the retailing of electricity less –(a) the revenue received which is attributable to the contribution payable; and(b) the revenue received from exempt contracts; and(c) the revenue from the retailing of electricity at a discount rate to persons receiving a Commonwealth pension; and(d) on and after 1 July 1999, the revenue received from the retailing of electricity to persons for use at their private residences.
In respect of each quarter, a prescribed electricity entity must pay to the Treasurer to the credit of the Consolidated Fund a contribution of 5% of the total revenue received by that entity in that quarter.
(1) A contribution in respect of a quarter commencing on 1 July, 1 October or 1 January must be paid not later than the 15th day of the month following the end of that quarter.(2) A contribution in respect of a quarter commencing on 1 April must be paid –(a) by an advance payment not later than the following 15 June based on the prescribed electricity entity's estimate of what the total revenue received during that quarter will be; and(b) by a further payment, if necessary, not later than the following 15 July.(3) If an advance payment made under subsection (2)(a) exceeds the contribution payable in respect of the quarter commencing on 1 April, the Treasurer must refund the amount of the excess payment to the prescribed electricity entity within 14 days after the prescribed electricity entity has advised the Treasurer of the total revenue received for that quarter.
6. Investigation of contributions, &c.
(1) The Treasurer may authorise a person to undertake and conduct an investigation to determine whether a prescribed electricity entity has complied with this Act in all matters concerned with the calculation and payment of contributions.(2) A prescribed electricity entity must comply with all reasonable directions and requirements given or made by a person authorised under subsection (1) in respect of an investigation referred to in that subsection.(3) On receipt of a report by a person authorised under subsection (1) , the Treasurer may vary the amount of a contribution paid by a prescribed electricity entity if he or she considers that the contribution paid was incorrect.(4) If the Treasurer varies the amount of a contribution, he or she must provide a refund to the prescribed electricity entity or require, by written notice, the prescribed electricity entity to pay any unpaid part of the varied contribution, as the case requires.
(1) If the whole or any part of any contribution payable by a prescribed electricity entity under this Act is due and unpaid, that amount may be recovered as a debt due to the Crown in a court of competent jurisdiction.(2) An amount referred to in subsection (1) is recoverable from the assets of the prescribed electricity entity.
8. Act not Income Tax Rating Act
This Act is not an Income Tax Rating Act for the purposes of Part IV of the Constitution Act 1934 .
(1) The Governor may make regulations for the purposes of this Act.(2) Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.(3) The regulations may authorise any matter to be from time to time determined, applied or regulated by the Treasurer.(4) The regulations may provide for matters of a transitional or savings nature consequent on the commencement of this Act.(5) Regulations providing for matters of a transitional or savings nature may take effect on 1 January 1998 or a later day.
The following Acts are repealed:(a) the Hydro-Electric Corporation (Contributions) Act 1980 (Act No. 103 of 1980);(b) the Hydro-Electric Commission (Contributions) Amendment Act 1996 (Act No. 54 of 1996).
This Act applies to the Hydro-Electric Corporation in respect of the quarter commencing on 1 October 1997 for the purposes of requiring and providing for the payment of a contribution in respect of that quarter and the Hydro-Electric Corporation (Contributions) Act 1980 does not apply for those purposes.
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 Treasurer; and(b) the Department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance.
[Second reading presentation speech made in:
House of Assembly on 27 NOVEMBER 1997
Legislative Council on 4 DECEMBER 1997]