Energy Assets (Restructuring and Disposal) Act 2006

Queensland Energy Assets (Restructuring and Disposal) Act 2006 Current as at 23 September 2013 NOTE—This is the last reprint before repeal. Repealed by 2013 Act No. 39 s 42 Repealed on 23 September 2013

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Energy Assets (Restructuring and Disposal) Act 2006 Contents Part 1 1 2 3 Part 2 4 4A 5 5A 5B 6 6A 7 Part 3 7A 8 9 10 11 Part 4 Division 1 11A 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Extraterritorial application of Act. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Interpretation Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Energy entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2006 project energy entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2007 project energy entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 The 2006 project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 The 2007 project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 References to functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Particular Ministerial powers and activities relating to the project Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Associated activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Limitation on power to second employees of an energy entity . . . 12 Project direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Gas authorities General Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Words have meanings given by Gas Act . . . . . . . . . . . . . . . . . . . 14 Application of Gas Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Energy Assets (Restructuring and Disposal) Act 2006 Contents 15 16 Division 2 17 18 19 20 21 22 23 Division 3 24 25 26 27 28 29 30 Division 4 31 Part 5 Division 1 31A 32 33 Division 2 34 35 36 37 38 39 40 Division 3 41 Performance of regulator’s functions . . . . . . . . . . . . . . . . . . . . . . Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution authorities Issue of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on issuing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . Public notice of issue of authority . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surrender of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retail authorities Issue of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on issuing authority . . . . . . . . . . . . . . . . . . . . . . . . . . . Public notice of issue of authority . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surrender of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other matters Notified prices for customer retail services. . . . . . . . . . . . . . . . . . Electricity authorities (2006 project) Preliminary Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Words have meanings given by Electricity Act . . . . . . . . . . . . . . . Issue of authorities and other dealings Application of Electricity Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Performance of regulator’s functions . . . . . . . . . . . . . . . . . . . . . . Review or appeal of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitations on issuing authority . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment or cancellation of authority . . . . . . . . . . . . . . . . . . . . Surrender of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters associated with dealings with authorities Existing standard contracts and meter readings . . . . . . . . . . . . . 15 15 15 16 16 16 17 17 18 18 18 19 19 19 20 20 21 22 22 23 23 23 24 24 25 25 25 26 Page 2

42 43 Division 4 44 45 Part 5A Division 1 45A 45B 45C 45D 45E Division 2 45F 45G 45H Division 3 45I Division 4 45J Division 5 45K 45L 45M 45N Part 5B 45O 45P 45Q Part 5C 45R 45S 45T 45U Energy Assets (Restructuring and Disposal) Act 2006 Contents Amendment of provision of standard customer sales contract in approved industry code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notified prices for customer retail services. . . . . . . . . . . . . . . . . . Operation of authorities and related matters Provision for particular contracts on FRC day . . . . . . . . . . . . . . . Effect on customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electricity authorities (2007 project) Preliminary Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Words have meanings given by Electricity Act . . . . . . . . . . . . . . . Performance of regulator’s functions . . . . . . . . . . . . . . . . . . . . . . Review or appeal of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . Special approvals Giving of special approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment, cancellation or transfer of special approval . . . . . . . Surrender of special approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditations Transfer of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scheme participants Registration as scheme participant . . . . . . . . . . . . . . . . . . . . . . . Liable load exemptions Application of Electricity Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grant of renewable energy exemption . . . . . . . . . . . . . . . . . . . . . Grant of power station auxiliary load exemption. . . . . . . . . . . . . . Amendment of liable load exemption . . . . . . . . . . . . . . . . . . . . . . Environmental authorities Application of pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of environmental authority or application . . . . . . . . . . . . Petroleum authorities Application of pt 5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of pipeline licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of application for pipeline licence . . . . . . . . . . . . . . . . . . 27 28 29 30 30 30 30 30 31 31 32 32 32 33 33 33 34 35 35 35 36 36 36 37 37 Page 3

Energy Assets (Restructuring and Disposal) Act 2006 Contents Part 6 46 47 48 49 50 Part 7 52 53 54 55 56 57 58 59 60 61 62 Schedule Application of other laws and instruments Act applies despite other laws and instruments . . . . . . . . . . . . . . Excluded matter for Corporations Act . . . . . . . . . . . . . . . . . . . . . Non-liability for duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disposal of public records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions not reviewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Time within which Minister may act . . . . . . . . . . . . . . . . . . . . . . . Notice to be given to regulator or energy Minister about notified prices ......................................... Registering authority to note transfer . . . . . . . . . . . . . . . . . . . . . . Confidentiality agreement with prospective purchasers . . . . . . . . Disclosure and use of information for the project . . . . . . . . . . . . . Effect on legal relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preservation of rights of seconded employees. . . . . . . . . . . . . . . Preservation of rights of transferred employees . . . . . . . . . . . . . . Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 38 38 38 39 39 40 40 41 42 42 44 44 45 45 46 47 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . 50 50 51 51 52 52 54 Page 4

Energy Assets (Restructuring and Disposal) Act 2006 Part 1 Preliminary [s 1] Energy Assets (Restructuring and Disposal) Act 2006 [as amended by all amendments that commenced on or before 23 September 2013] An Act to facilitate the disposal of particular energy businesses, including by facilitating the restructure or sale of energy entities, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Energy Assets (Restructuring and Disposal) Act 2006 . 2 Purpose of Act The purpose of this Act is to facilitate the disposal of particular gas and electricity businesses of energy entities, including by facilitating the restructure or sale of the entities. 3 Extraterritorial application of Act (1) This Act applies both within and outside Queensland. (2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament. Current as at 23 September 2013 Page 5

Energy Assets (Restructuring and Disposal) Act 2006 Part 2 Interpretation [s 4] Part 2 Interpretation 4 Dictionary The dictionary in the schedule defines particular words used in this Act. 4A Energy entities (1) In this Act— energy entity means a 2006 project energy entity or a 2007 project energy entity. (2) However— (a) if a provision of this Act applies only to the 2006 project, a reference in the provision to an energy entity is a reference to a 2006 project energy entity; and (b) if a provision of this Act applies only to the 2007 project, a reference in the provision to an energy entity is a reference to a 2007 project energy entity. 5 2006 project energy entities (1) Each of the following is a 2006 project energy entity — (a) Energex; (b) Ergon; (c) a company of which Energex or Ergon is the ultimate holding company; (d) a company owned jointly by Energex and Ergon; (e) a government company established for the 2006 project; (f) a company that was a 2006 project energy entity under paragraph (c), all of whose shares have been transferred to the State or to a government company mentioned in paragraph (e). Page 6 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 2 Interpretation [s 5A] (2) To remove any doubt, it is declared that a company is not a 2006 project energy entity if it is not— (a) a company ultimately owned by the State; or (b) a company of which Energex or Ergon is the ultimate holding company. 5A 2007 project energy entities (1) Each of the following is a 2007 project energy entity — (a) Queensland Power Trading Corporation ( QPTC ); (b) Stanwell Corporation Limited ACN 078 848 674 ( Stanwell ); (c) Tarong Energy Corporation Limited ACN 078 848 736 ( Tarong ); (d) a company of which QPTC, Stanwell or Tarong is the ultimate holding company; (e) a government company established for the 2007 project; (f) a company that was a 2007 project energy entity under paragraph (d), all of whose shares have been transferred to the State or to a government company mentioned in paragraph (e). (2) To remove any doubt, it is declared that a company is not a 2007 project energy entity if it is not— (a) a company ultimately owned by the State; or (b) a company of which QPTC, Stanwell or Tarong is the ultimate holding company. 5B Projects (1) In this Act— project means the 2006 project or the 2007 project. (2) However, if a provision of this Act applies only to the 2006 project or only to the 2007 project, a reference in the Current as at 23 September 2013 Page 7

Energy Assets (Restructuring and Disposal) Act 2006 Part 2 Interpretation [s 6] provision to the project is a reference only to the project to which the provision applies. 6 The 2006 project (1) The 2006 project is— (a) the taking of steps, including establishing companies, restructuring businesses, assets and liabilities of energy entities, disposing of energy entities and issuing and dealing with gas and electricity authorities— (i) to facilitate the disposal of particular gas and electricity businesses of energy entities; and (ii) for associated purposes relating to the continuing operation of energy entities; and (b) the disposal of the gas and electricity businesses, including by the disposal of energy entities. (2) The 2006 project also includes the taking of steps to facilitate an arrangement between Ergon Energy and another entity, or between a sale entity and another entity, after the disposal of an electricity business or energy entity mentioned in subsection (1), for the other entity to assume an obligation to provide customer retail services to non-contestable customers in Ergon Energy’s or the sale entity’s retail area. (3) Words defined in the Electricity Act and used in subsection (2) have the same meanings as they have in the Electricity Act. (4) A reference in this section to an energy entity is a reference to a 2006 project energy entity. 6A The 2007 project (1) The 2007 project is— (a) the taking of steps, including establishing companies, restructuring businesses, assets and liabilities of energy entities, disposing of energy entities and granting and dealing with authorities— Page 8 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 3 Particular Ministerial powers and activities relating to the project [s 7] (i) to facilitate the disposal of particular gas and electricity businesses of energy entities; and (ii) for associated purposes relating to the continuing operation of energy entities; and (b) the disposal of the gas and electricity businesses, including by the disposal of energy entities; and (c) the taking of steps for purposes relating to the winding up of QPTC. (2) A reference in this section to an energy entity is a reference to a 2007 project energy entity. (3) In this section— authorities includes— (a) licences, approvals, accreditations, registrations and exemptions; and (b) applications for authorities. 7 References to functions In this Act— (a) a reference to a function includes a power; and (b) a reference to performing a function includes exercising a power. Part 3 Particular Ministerial powers and activities relating to the project 7A Application of pt 3 This part applies to the 2006 project and the 2007 project. Current as at 23 September 2013 Page 9

Energy Assets (Restructuring and Disposal) Act 2006 Part 3 Particular Ministerial powers and activities relating to the project [s 8] Note — Under section 52, the Minister may not perform a function under this part— • for the 2006 project, on or after the FRC day (1 July 2007); or • for the 2007 project, on or after 1 July 2008 (except as provided in section 52(3)). 8 Associated activities For the purpose of the project, the Minister may do any of the following— (a) examine a business, asset or liability of an energy entity, including a record relating to a business, asset or liability; (b) decide the most appropriate way of restructuring a business, asset or liability of an energy entity, including by deciding whether or not a business, asset or liability of an energy entity is to be transferred to another energy entity; (c) decide the most appropriate way of disposing of an energy entity or of a business, asset or liability of an energy entity; (d) anything else necessary or incidental to facilitate the disposal of an energy entity or of a business, asset or liability of an energy entity or the continuing operation of an energy entity. 9 Transfer notice (1) For the purpose of the project, the Minister may, by gazette notice (a transfer notice ), do any of the following— (a) transfer shares in an energy entity to another energy entity or the State; (b) transfer a business, asset or liability of an energy entity to another energy entity or the State; Page 10 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 3 Particular Ministerial powers and activities relating to the project [s 9] (c) make provision about the consideration for shares or a business, asset or liability transferred under paragraph (a) or (b); (d) grant a lease, easement or other right to an energy entity; (e) vary or extinguish a lease, easement or other right held by an energy entity; (f) provide whether and, if so, the extent to which an energy entity is the successor in law of another energy entity or the State is the successor in law of an energy entity; (g) make provision for a legal proceeding that is being, or may be, taken by or against an energy entity to be continued or taken by or against another energy entity or the State; (h) make provision about the application of instruments to an energy entity, including— (i) whether an energy entity is a party to an instrument; and (ii) whether an instrument is taken to have been given to, by or in favour of an energy entity; and (iii) whether a reference to an entity in an instrument is a reference to an energy entity; and (iv) whether, under an instrument, an amount is or may become payable to or by an energy entity or other property is, or may be, transferred to or by an energy entity; (i) transfer or second an employee of an energy entity to another energy entity; (j) make provision about the employees of an energy entity and their rights; (k) make provision about the records of an energy entity; (l) make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the project. Current as at 23 September 2013 Page 11

Energy Assets (Restructuring and Disposal) Act 2006 Part 3 Particular Ministerial powers and activities relating to the project [s 10] (2) A transfer notice may include conditions applying to something done under the notice. (3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— (a) signed by the Minister; and (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates. (4) The transfer of a liability of an energy entity under this section discharges the entity from the liability. (5) A transfer notice has effect despite any other law or instrument. (6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it. (7) In this section— employee , of an energy entity, does not include a director of the entity. 10 Limitation on power to second employees of an energy entity (1) The secondment of an employee under a transfer notice must not, without the employee’s consent, involve— (a) a reduction in the employee’s status; or (b) any change in the employee’s duties that would be unreasonable having regard to the employee’s skills, abilities and experience. (2) An employee’s status is not reduced for the purposes of subsection (1)(a) by— (a) a reduction in the scope of the business operations for which the employee is responsible; or Page 12 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 3 Particular Ministerial powers and activities relating to the project [s 11] (b) a reduction in the number of employees under the employee’s supervision or management; if the employee’s functions in their general nature remain the same as, or similar to, the employee’s functions before secondment. 11 Project direction (1) The Minister may give a direction (a project direction ) to an energy entity or its board requiring the entity or board to do something the Minister considers necessary or convenient for effectively carrying out the project. (2) Without limiting subsection (1), a project direction may be about— (a) forming a company for the purpose of transferring a business, asset or liability to the company; or (b) winding up a company; or (c) executing an instrument; or (d) making a particular decision about disposing of shares in an energy entity other than Energex or Ergon; or (e) making a particular decision for the purpose of returning the proceeds of the disposal of an energy entity, or of a gas or electricity business, to the State; or Example — a decision about a dividend or return of capital (f) disclosing information. (3) A project direction must be in writing, signed by the Minister. (4) An energy entity must comply with a project direction given to it. (5) An energy entity’s board must— (a) if a project direction is given to the board—comply with the direction; or Current as at 23 September 2013 Page 13

Energy Assets (Restructuring and Disposal) Act 2006 Part 4 Gas authorities [s 11A] (b) if a project direction is given to the entity—take the action necessary to ensure the entity complies with the direction. (6) An energy entity’s employees must help the entity or board to comply with a project direction given to the entity or board. Part 4 Gas authorities Division 1 General 11A Application of pt 4 This part applies only to the 2006 project. Note — Under section 52, the Minister may not perform a function under this part on or after the FRC day (1 July 2007). 12 Definitions for pt 4 In this part— authority means a distribution authority or retail authority. Gas Act means the Gas Supply Act 2003 . 13 Words have meanings given by Gas Act Words defined in the Gas Act and used in this part have the same meanings as they have in the Gas Act. 14 Application of Gas Act The Gas Act applies to an authority issued under this part as if the authority had been issued under the Gas Act by the regulator. Page 14 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 4 Gas authorities [s 15] 15 Performance of regulator’s functions (1) Divisions 2 and 3 provide for the Minister to perform particular functions of the regulator in relation to energy entities. (2) The Minister may perform the functions for the purpose of the project. (3) A thing done by the Minister under division 2 or 3 has effect as if it had been done by the regulator under the Gas Act. (4) This part does not limit the functions of the regulator or energy Minister under the Gas Act, including the regulator’s functions relating to an authority issued under division 2 or 3. Example — An authority issued by the Minister under division 2 or 3 may be amended by the regulator under the Gas Act. 16 Review of decisions To remove any doubt, it is declared that a decision by the Minister under this part is not a decision that may be the subject of a review, stay or appeal under the Gas Act, chapter 6, part 1. Division 2 Distribution authorities 17 Issue of authority (1) The Minister may issue a distribution authority to an energy entity. (2) The Minister may impose conditions on the authority the Minister considers appropriate. (3) The Minister may issue the authority for a stated term. (4) If the Minister does not decide a term for the authority, it continues in force unless cancelled or surrendered under the Gas Act, chapter 2, part 1 or this division. Current as at 23 September 2013 Page 15

Energy Assets (Restructuring and Disposal) Act 2006 Part 4 Gas authorities [s 18] (5) Except so far as this division otherwise provides, the Gas Act, chapter 2, part 1, division 1 does not apply to the issue of the authority by the Minister. 18 Limitation on issuing authority The Minister may not issue to an energy entity a distribution authority to provide customer connection services relating to processed natural gas to be transported through a pipeline if the energy entity sells processed natural gas transported through a covered pipeline. 19 Public notice of issue of authority (1) As soon as practicable after issuing a distribution authority to an energy entity, the Minister must notify the regulator. (2) The regulator must publish a notice about the authority in a Statewide newspaper. (3) The Gas Act, section 37(3) applies to the notice as if the energy entity had applied for the authority. 20 Amendment of authority (1) This section applies to a distribution authority held by an energy entity. (2) The Minister may amend the authority at any time, by giving notice of the amendment to the energy entity, if the Minister considers the amendment necessary or desirable. (3) The Minister must immediately give notice of the amendment to the regulator. (4) The regulator must record particulars of the amendment in the register. (5) The Minister can not amend a condition of a distribution authority imposed under the Gas Act, chapter 2, part 1, division 2. Page 16 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 4 Gas authorities [s 21] (6) The Gas Act, chapter 2, part 1, division 3 does not apply to an amendment by the Minister. 21 Cancellation of authority (1) This section applies to a distribution authority held by an energy entity. (2) The Minister may cancel the authority at any time, by giving notice to the energy entity, if the Minister considers the cancellation necessary or desirable. (3) The Minister must immediately notify the regulator of the cancellation. (4) The regulator must record, in the register, the cancellation and when it took effect. (5) The Gas Act, chapter 2, part 1, division 3 does not apply to a cancellation by the Minister. 22 Transfer of authority (1) This section applies to a distribution authority held by an energy entity. (2) The Minister may transfer the authority to another energy entity, at any time, by giving notice of the transfer to the energy entities. (3) The Minister must immediately give notice of the transfer to the regulator. (4) The regulator must record particulars of the transfer in the register. (5) The Gas Act, chapter 2, part 1, division 4, subdivision 2 does not apply to a transfer by the Minister. (6) This section applies despite the Gas Act, section 67. Current as at 23 September 2013 Page 17

Energy Assets (Restructuring and Disposal) Act 2006 Part 4 Gas authorities [s 23] 23 Surrender of authority (1) This section applies to a distribution authority held by an energy entity. (2) The energy entity may surrender the authority with the approval of the Minister. (3) Immediately after approving the surrender, the Minister must notify the regulator. (4) The regulator must record, in the register, the surrender and when it took effect. (5) The Gas Act, section 73 does not apply to the surrender of an authority with the approval of the Minister under this section. Division 3 Retail authorities 24 Issue of authority (1) The Minister may issue a retail authority to an energy entity. (2) The Minister may impose conditions on the authority the Minister considers appropriate. (3) The Minister may issue the authority for a stated term. (4) If the Minister does not decide a term for the authority, it continues in force unless cancelled or surrendered under the Gas Act, chapter 3, part 1 or this division. (5) Except so far as this division otherwise provides, the Gas Act, chapter 3, part 1, division 1 does not apply to the issue of the authority by the Minister. 25 Limitation on issuing authority (1) The Minister may not issue to an energy entity an area retail authority if the retail area for the proposed authority is or includes the retail area of an existing retail authority. (2) The Minister may not issue to an energy entity a retail authority to provide customer retail services relating to Page 18 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 4 Gas authorities [s 26] processed natural gas to be transported through a pipeline if the energy entity provides customer connection services relating to processed natural gas transported through a covered pipeline. 26 Public notice of issue of authority (1) As soon as practicable after issuing a retail authority to an energy entity, the Minister must notify the regulator. (2) The regulator must publish a notice about the authority in a Statewide newspaper. (3) The Gas Act, section 157(3) applies to the notice as if the energy entity had applied for the authority. 27 Amendment of authority (1) This section applies to a retail authority held by an energy entity. (2) The Minister may amend the authority at any time, by giving notice of the amendment to the energy entity, if the Minister considers the amendment necessary or desirable. (3) The Minister must immediately give notice of the amendment to the regulator. (4) The regulator must record particulars of the amendment in the register. (5) The Minister can not amend a condition of a retail authority imposed under the Gas Act, chapter 3, part 1, division 2. (6) The Gas Act, chapter 3, part 1, division 3 does not apply to an amendment by the Minister. 28 Cancellation of authority (1) This section applies to a retail authority held by an energy entity. Current as at 23 September 2013 Page 19

Energy Assets (Restructuring and Disposal) Act 2006 Part 4 Gas authorities [s 29] (2) The Minister may cancel the authority at any time, by giving notice to the energy entity, if the Minister considers the cancellation necessary or desirable. (3) The Minister must immediately notify the regulator of the cancellation. (4) The regulator must record, in the register, the cancellation and when it took effect. (5) The Gas Act, chapter 3, part 1, division 3 does not apply to a cancellation by the Minister. 29 Transfer of authority (1) This section applies to a retail authority held by an energy entity. (2) The Minister may transfer the authority to another energy entity, at any time, by giving notice of the transfer to the energy entities. (3) The Minister must immediately give notice of the transfer to the regulator. (4) The regulator must record particulars of the transfer in the register. (5) The Gas Act, chapter 3, part 1, division 4, subdivision 2 does not apply to a transfer by the Minister. (6) This section applies despite the Gas Act, section 191. 30 Surrender of authority (1) This section applies to a retail authority held by an energy entity. (2) The energy entity may surrender the authority with the approval of the Minister. (3) Immediately after approving the surrender, the Minister must notify the regulator. Page 20 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 4 Gas authorities [s 31] (4) The regulator must record, in the register, the surrender and when it took effect. (5) The Gas Act, section 197 does not apply to the surrender of an authority with the approval of the Minister under this section. Division 4 Other matters 31 Notified prices for customer retail services (1) This section applies if— (a) under a gazette notice in force under the Gas Act, section 228, notified prices apply to the provision of services that are, or relate to, customer retail services for protected customers by particular retailers (the stated retailers ); and (b) the stated retailers do not include a particular energy entity. (2) This section also applies if— (a) under a gazette notice in force under the Gas Act, section 228, notified prices apply to the provision of services by a particular energy entity that are, or relate to, customer retail services for protected customers in a particular area (the stated area ); and (b) the stated area no longer corresponds to the energy entity’s retail area. (3) If subsection (1) applies, the Minister may, by gazette notice, apply the notified prices (the applied prices ) to the energy entity in relation to its retail area. (4) If subsection (2) applies, the Minister may, by gazette notice, apply the notified prices (also the applied prices ) to the energy entity’s retail area. (5) For the Gas Act, sections 229 to 232, the applied prices are taken to be notified prices. Current as at 23 September 2013 Page 21

Energy Assets (Restructuring and Disposal) Act 2006 Part 5 Electricity authorities (2006 project) [s 31A] (6) The Minister’s gazette notice applies to the energy entity even if the entity stops being an energy entity. (7) However, the Minister’s gazette notice stops applying if the energy Minister issues a later gazette notice under the Gas Act, section 228, that applies to the energy entity or the entity after it stops being an energy entity. Part 5 Electricity authorities (2006 project) Division 1 Preliminary 31A Application of pt 5 This part applies only to the 2006 project. Note — Under section 52, the Minister may not perform a function under this part on or after the FRC day (1 July 2007). 32 Definitions for pt 5 In this part— acquiring entity means a person who contracts with Ergon Energy or a sale entity, in relation to the provision of customer retail services by that person to non-contestable customers in Ergon Energy’s or the sale entity’s retail area, before the FRC day. authority means a retail authority. Electricity Act means the Electricity Act 1994 . market customer , of a retail entity, means a customer of the entity who has— Page 22 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 5 Electricity authorities (2006 project) [s 33] (a) applied to the entity for the provision of customer retail services to the customer’s premises; and (b) entered into a negotiated customer sale contract for the customer retail services. non-market customer , of a retail entity, means a customer of the entity other than a market customer. premises , of a customer, means premises owned or occupied by the customer. prescribed entity means Ergon Energy, Sun Retail, an acquiring entity or a sale entity. sale entity means a former energy entity, other than Ergon Energy or Sun Retail, that holds an authority. Sun Retail means Sun Retail Pty Ltd ACN 078 848 549 as a former energy entity. 33 Words have meanings given by Electricity Act Words defined in the Electricity Act and used in this part have the same meanings as they have in the Electricity Act. Division 2 Issue of authorities and other dealings 34 Application of Electricity Act The Electricity Act applies to an authority issued under this division as if the authority had been issued under the Electricity Act by the regulator. 35 Performance of regulator’s functions (1) This division provides for the Minister to perform particular functions of the regulator in relation to energy entities or prescribed entities. Current as at 23 September 2013 Page 23

Energy Assets (Restructuring and Disposal) Act 2006 Part 5 Electricity authorities (2006 project) [s 36] (2) The Minister may perform the functions for the purpose of the project. (3) A thing done by the Minister under this division has effect as if it had been done by the regulator under the Electricity Act. (4) This division does not limit the functions of the regulator or energy Minister under the Electricity Act, including the regulator’s functions relating to an authority issued under this division. Example — An authority issued by the Minister under this division may be amended by the regulator under the Electricity Act. 36 Review or appeal of decisions To remove any doubt, it is declared that a decision by the Minister under this division is not a decision that may be the subject of a review, stay or appeal under the Electricity Act, chapter 10. 37 Issue of authority (1) The Minister may issue an authority to an energy entity or a prescribed entity. (2) The Minister may impose conditions on the authority the Minister considers appropriate. (3) The authority may state the term of the authority. (4) If the authority states a retail area, the authority may state when the right to the retail area starts and ends. (5) As soon as practicable after issuing the authority, the Minister must notify the regulator. (6) Except so far as this division otherwise provides, the Electricity Act, chapter 9, part 4, division 1 does not apply to the issue of the authority by the Minister. Page 24 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 5 Electricity authorities (2006 project) [s 38] 38 Limitations on issuing authority (1) The Minister must not issue an authority with a retail area if another authority with the same retail area is already in force. (2) The Minister must not issue an authority to a distribution entity. 39 Amendment or cancellation of authority (1) This section applies to an authority held by an energy entity or a prescribed entity. (2) The Minister may, by giving a written notice to the energy entity or prescribed entity, take any of the following actions under this section— (a) amend the authority or the conditions of the authority; (b) cancel the authority. (3) The Minister may take the action if— (a) for an authority held by an energy entity—the Minister considers the action necessary or desirable; or (b) for an authority held by a prescribed entity—the prescribed entity agrees to the action. (4) As soon as practicable after taking the action, the Minister must notify the regulator. (5) The Electricity Act, chapter 5, part 4 and chapter 9, part 4, division 2 do not apply to the taking of the action by the Minister. 40 Surrender of authority (1) An energy entity or prescribed entity that holds an authority may surrender the authority with the Minister’s agreement. (2) As soon as practicable after agreeing to the surrender, the Minister must notify the regulator. Current as at 23 September 2013 Page 25

Energy Assets (Restructuring and Disposal) Act 2006 Part 5 Electricity authorities (2006 project) [s 41] (3) The Electricity Act, section 207C, does not apply to the surrender of an authority with the Minister’s agreement under this section. Division 3 Matters associated with dealings with authorities 41 Existing standard contracts and meter readings (1) This section applies if— (a) an energy entity or a prescribed entity (the first entity ) holds an authority that states a retail area; and (b) under the Electricity Act, section 49, 49A or 310, or under this section, a customer is taken to have entered into a standard contract with the first entity for the provision of customer retail services to the customer’s premises in the retail area (the existing standard contract ); and (c) on a day (the transfer day ) before the FRC day— (i) the first entity stops holding an authority stating a retail area that includes the customer’s premises; and (ii) another entity (the second entity ) starts holding an authority stating a retail area that includes the customer’s premises. (2) On the transfer day— (a) the existing standard contract ends; and (b) the customer is taken to have entered into a standard contract with the second entity for the provision of customer retail services to the customer’s premises. (3) The ending of the existing standard contract does not affect rights or obligations that accrued under the contract before the transfer day. Page 26 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 5 Electricity authorities (2006 project) [s 42] (4) The first entity must base the customer’s bill, for electricity usage up to the end of the transfer day, on— (a) an actual reading of the relevant meters at the customer’s premises made during the transition period; or (b) if, despite using its best endeavours, it is unable to obtain an actual reading made during the transition period—an estimate, made during the transition period, of the customer’s electricity usage up to the end of the transfer day. (5) For the purpose of a provision of an approved industry code about meter reading, an actual reading or estimate under subsection (4) is taken to be an actual reading of the relevant meters at the customer’s premises at the end of the transfer day. (6) A decision made, or purportedly made, under subsection (4) is not a decision under this Act for section 50. (7) In this section— standard contract , in relation to an entity, means a contract on the terms of the entity’s standard customer sale contract. transition period means the period consisting of the 3 days before the transfer day, the transfer day, and the 3 days after the transfer day. 42 Amendment of provision of standard customer sales contract in approved industry code (1) This section applies if— (a) an approved industry code sets out a standard customer sale contract; and (b) the Minister considers it necessary or convenient, for the purpose of a relevant dealing, to amend a provision of the standard customer sale contract about the parties to the contract (a parties provision ) because of the operation of section 41. Current as at 23 September 2013 Page 27

Energy Assets (Restructuring and Disposal) Act 2006 Part 5 Electricity authorities (2006 project) [s 43] (2) The Minister, by gazette notice, may amend the parties provision. (3) Despite its amendment under this section, the approved industry code continues to be an approved industry code. (4) The amendment under this section does not affect the power to further amend or repeal the code under the Electricity Act. (5) In this section— relevant dealing means a dealing under this part involving the issue, amendment, surrender or cancellation of an authority. 43 Notified prices for customer retail services (1) This section applies if— (a) under a gazette notice in force under the Electricity Act, section 90, notified prices apply to the provision of customer retail services or other goods or services by particular retail entities (the stated retail entities ); and (b) the stated retail entities do not include a particular energy entity or prescribed entity. (2) The Minister may, by gazette notice, apply the notified prices (the applied prices ) to the energy entity or prescribed entity in relation to the entity’s non-contestable customers. (3) For the Electricity Act, sections 91 and 91A, the applied prices are taken to be notified prices. (4) The Minister’s gazette notice applies to the energy entity even if the entity stops being an energy entity. (5) However, the Minister’s gazette notice stops applying to the energy entity or prescribed entity if the pricing entity issues a later gazette notice under the Electricity Act, section 90, that applies to the energy entity or prescribed entity. (6) A reference in subsection (5) to the energy entity includes that entity if it stops being an energy entity. Page 28 Current as at 23 September 2013

Division 4 Energy Assets (Restructuring and Disposal) Act 2006 Part 5 Electricity authorities (2006 project) [s 44] Operation of authorities and related matters 44 Provision for particular contracts on FRC day (1) This section applies on the FRC day if immediately before that day a contract (the existing contract ) was, under any of the following, taken to be in force between a customer and a FRC entity for the provision of customer retail services to premises— (a) former section 49 or 49A of the Electricity Act; (b) former section 310 of the Electricity Act; (c) section 41 of this Act. (2) The existing contract ends. (3) The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day. (4) The customer and the entity are taken to have entered into a retail contract of the following type under the Electricity Act, section 51, for the provision of the services— (a) if, under that Act, the customer is a small customer for the premises—a standard retail contract; (b) if, under that Act, the customer is a large customer for the premises—a standard large customer retail contract. (5) The Electricity Act, section 52(3) and (4), applies to the retail contract as if it were a contract taken to have been entered into under that section. (6) This section applies despite the FRC entity not holding an authority with a stated retail area. (7) This section is subject to the retailer of last resort scheme under the Electricity Act. (8) In this section— FRC entity means Ergon Energy, an acquiring entity or a sale entity. Current as at 23 September 2013 Page 29

Energy Assets (Restructuring and Disposal) Act 2006 Part 5A Electricity authorities (2007 project) [s 45] 45 Effect on customers To remove any doubt, it is declared that a customer’s status as a non-market customer is not affected by section 44. Part 5A Electricity authorities (2007 project) Division 1 Preliminary 45A Application of pt 5A This part applies only to the 2007 project. Note — Under section 52, the Minister may not perform a function under this part on or after 1 July 2008. 45B Definition for pt 5A In this part— Electricity Act means the Electricity Act 1994 . 45C Words have meanings given by Electricity Act Words defined in the Electricity Act and used in this part have the same meanings as they have in the Electricity Act. 45D Performance of regulator’s functions (1) This part provides for the Minister to perform particular functions of the regulator in relation to energy entities. (2) The Minister may perform the functions for the purpose of the project. Page 30 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 5A Electricity authorities (2007 project) [s 45E] (3) A thing done by the Minister under this part has effect as if it had been done by the regulator under the Electricity Act. (4) This part does not limit the functions of the regulator or energy Minister under the Electricity Act, including the regulator’s functions relating to a special approval given under division 2. Example — A special approval given by the Minister under division 2 may be amended by the regulator under the Electricity Act. 45E Review or appeal of decisions To remove any doubt, it is declared that a decision by the Minister under this part is not a decision that may be the subject of a review, stay or appeal under the Electricity Act, chapter 10. Division 2 Special approvals 45F Giving of special approval (1) The Minister may give a special approval to an energy entity. (2) The Minister may impose conditions on the special approval the Minister considers appropriate. (3) The special approval may state the term of the special approval. (4) As soon as practicable after giving the special approval, the Minister must notify the regulator. (5) The Electricity Act, chapter 9, part 5, division 1 does not apply to the giving of a special approval by the Minister under this section. (6) However, the Electricity Act applies to a special approval given under this section as if the special approval had been given by the regulator under the Electricity Act, chapter 9, part 5, division 1. Current as at 23 September 2013 Page 31

Energy Assets (Restructuring and Disposal) Act 2006 Part 5A Electricity authorities (2007 project) [s 45G] 45G Amendment, cancellation or transfer of special approval (1) This section applies to a special approval held by an energy entity. (2) The Minister may, by giving a written notice to the energy entity, take any of the following actions under this section— (a) amend the special approval or the conditions stated in the special approval; (b) cancel the special approval; (c) transfer the special approval to another energy entity. (3) As soon as practicable after taking the action, the Minister must notify the regulator. (4) The Electricity Act, chapter 5, part 4 and chapter 9, part 5, divisions 2 and 3 do not apply to the taking of the action by the Minister. 45H Surrender of special approval (1) An energy entity that holds a special approval may surrender it by giving written notice to the Minister and, for that purpose, the Electricity Act, section 213 applies as if a reference to the regulator were a reference to the Minister. (2) As soon as practicable after a special approval is surrendered under subsection (1), the Minister must notify the regulator. Division 3 Accreditations 45I Transfer of accreditation (1) This section applies to an accreditation held by an energy entity. (2) The Minister may, by giving written notice to the regulator, transfer the accreditation to another energy entity. (3) The Electricity Act, chapter 5A, part 2, division 4, subdivision 1 does not apply to a transfer under this section. Page 32 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 5A Electricity authorities (2007 project) [s 45J] (4) However, the transfer has effect as if it had been done under the Electricity Act, chapter 5A, part 2, division 4, subdivision 1. Division 4 Scheme participants 45J Registration as scheme participant (1) The Minister may give a written notice to the regulator asking the regulator to register an energy entity as a scheme participant. (2) On receiving the notice, the regulator must, by complying with the Electricity Act, section 135JH, register the energy entity as a scheme participant in the scheme participant register. (3) The Electricity Act, sections 135I and 135IA do not apply to registration under this section. (4) However, the registration has effect as if it had been effected under the Electricity Act, chapter 5A, part 6. Division 5 Liable load exemptions 45K Application of Electricity Act The Electricity Act applies to a liable load exemption granted under this division as if the exemption had been granted under the Electricity Act by the regulator. 45L Grant of renewable energy exemption (1) The Minister may grant a renewable energy exemption to an energy entity. (2) The Electricity Act, sections 135GS to 135GU and 135GV(4) do not apply to the granting of the exemption. Current as at 23 September 2013 Page 33

Energy Assets (Restructuring and Disposal) Act 2006 Part 5A Electricity authorities (2007 project) [s 45M] (3) The Electricity Act, sections 135GV(1) to (3) and 135GW apply to the granting of the exemption as if— (a) a reference to the regulator were a reference to the Minister; and (b) a reference to the applicant were a reference to the energy entity. (4) As soon as practicable after granting the exemption, the Minister must notify the regulator. (5) In this section— renewable energy exemption means a liable load exemption under the Electricity Act, chapter 5A, part 5, division 6, subdivision 3. 45M Grant of power station auxiliary load exemption (1) The Minister may grant a power station auxiliary load exemption to an energy entity. (2) The Electricity Act, sections 135H to 135HB and 135HC(3) do not apply to the granting of the exemption. (3) The Electricity Act, section 135HC(1) and (2) apply to the granting of the exemption as if— (a) a reference to the regulator were a reference to the Minister; and (b) a reference to the applicant were a reference to the energy entity. (4) As soon as practicable after granting the exemption, the Minister must notify the regulator. (5) In this section— power station auxiliary load exemption means a liable load exemption under the Electricity Act, chapter 5A, part 5, division 6, subdivision 4. Page 34 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 5B Environmental authorities [s 45N] 45N Amendment of liable load exemption (1) The Minister may amend a liable load exemption in force for an energy entity by giving the energy entity an amended certificate of exemption that reflects the amendment. (2) As soon as practicable after making the amendment, the Minister must give copies of the amended certificate to the regulator and any interested person. (3) The Electricity Act, chapter 5A, part 5, division 6, subdivision 6 does not apply to the making of the amendment by the Minister. (4) However, the amendment has effect as if it had been made by the regulator under the Electricity Act, chapter 5A, part 5, division 6, subdivision 6. Part 5B Environmental authorities 45O Application of pt 5B This part applies only to the 2007 project. Note — Under section 52, the Minister may not perform a function under this part on or after 1 July 2008. 45P Definitions for pt 5B In this part— administering authority see the Environmental Act, schedule 3. Environmental Act means the Environmental Protection Act 1994 . environmental authority (petroleum activities) see the Environmental Act, section 74(2). Current as at 23 September 2013 Page 35

Energy Assets (Restructuring and Disposal) Act 2006 Part 5C Petroleum authorities [s 45Q] 45Q Transfer of environmental authority or application (1) This section applies to— (a) an environmental authority (petroleum activities) held by an energy entity; or (b) an application made by an energy entity for an environmental authority (petroleum activities). (2) For the purpose of the project, the Minister may, by giving written notice to the administering authority, transfer the authority or application to another energy entity. (3) Subject to subsection (5), the Environmental Act, chapter 4A, part 4 does not apply to a transfer under this section. (4) However, the transfer has effect as if it had been done under the Environmental Act, chapter 4A, part 4. (5) The Environmental Act, section 136 applies to the administering authority as if a reference in that section to deciding to approve a transfer were a reference to receiving a notice from the Minister under this section. Part 5C Petroleum authorities 45R Application of pt 5C This part applies only to the 2007 project. Note — Under section 52, the Minister may not perform a function under this part on or after 1 July 2008. 45S Definitions for pt 5C In this part— Petroleum Act means the Petroleum and Gas (Production and Safety) Act 2004 . Page 36 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 5C Petroleum authorities [s 45T] petroleum Minister means the Minister administering the Petroleum Act. pipeline licence see the Petroleum Act, section 18(1)(f). 45T Transfer of pipeline licence (1) This section applies to a pipeline licence held by an energy entity. (2) For the purpose of the project, the Minister may, by giving written notice to the petroleum Minister, transfer the licence to another energy entity. (3) The Petroleum Act, chapter 5, part 10 does not apply to a transfer under this section. (4) However, the transfer has effect as if it were a permitted dealing carried out under the Petroleum Act, chapter 5, part 10. 45U Transfer of application for pipeline licence (1) This section applies to an application for a pipeline licence made by an energy entity under the Petroleum Act. (2) For the purpose of the project, the Minister may, by giving written notice to the petroleum Minister, transfer the application to another energy entity. (3) The Petroleum Act, section 844(1) does not apply to a transfer under this section. (4) However, the transfer has effect as if it had been done by amending the application under the Petroleum Act, section 844. Current as at 23 September 2013 Page 37

Energy Assets (Restructuring and Disposal) Act 2006 Part 6 Application of other laws and instruments [s 46] Part 6 Application of other laws and instruments 46 Act applies despite other laws and instruments A thing may be done under this Act despite any other law or instrument. Example — In accordance with a project direction given to its board, a GOC may form a company that will become a subsidiary without obtaining the approval that would otherwise be required under the Government Owned Corporations Act 1993 , section 163. 47 Excluded matter for Corporations Act Anything done by the Minister under this Act is an excluded matter for the Corporations Act, section 5F, in relation to the Corporations Act, chapter 2D. 48 Non-liability for duty No duty under the Duties Act 2001 is payable in relation to anything done under a transfer notice. 49 Disposal of public records (1) This section applies if— (a) a thing is done under a transfer notice or project direction; and (b) the thing is, or involves, a disposal of a public record under the Public Records Act 2002 . (2) To remove any doubt, it is declared that, for the purpose of section 13 of that Act, the public record is disposed of under legal authority, justification or excuse. Page 38 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 7 Miscellaneous [s 50] 50 Decisions not reviewable (1) A decision under this Act— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (2) In this section— decision includes a decision or conduct leading up to or forming part of the process of making a decision. Part 7 Miscellaneous 52 Time within which Minister may act (1) The Minister may not perform a function under part 3 for the 2006 project, or under part 4 or 5, on or after the FRC day. (2) Subject to subsections (3) and (3A), the Minister may not perform a function under part 3 for the 2007 project on or after 1 July 2008. (3) The Minister may perform a function under part 3 on or after 1 July 2008 to the extent the Minister considers necessary or convenient for a purpose relating to the winding up of QPTC, including— (a) providing for the State to be the successor in law of QPTC; and (b) transferring assets or liabilities of QPTC to the State; and Current as at 23 September 2013 Page 39

Energy Assets (Restructuring and Disposal) Act 2006 Part 7 Miscellaneous [s 53] (c) making provision for legal proceedings that are being, or may be, taken by or against QPTC to be continued or taken by or against the State. (3A) The Minister may perform a function under part 3 for the 2007 project on or after the commencement of the Airport Assets (Restructuring and Disposal) Act 2008 , chapter 1, and before 1 July 2009. (4) The Minister may not perform a function under part 5A, 5B or 5C on or after 1 July 2008. 53 Notice to be given to regulator or energy Minister about notified prices (1) As soon as practicable after publishing a gazette notice under section 31, the Minister must notify the regulator under the Gas Act. (2) As soon as practicable after publishing a gazette notice under section 43, the Minister must notify the energy Minister. 54 Registering authority to note transfer (1) The registrar of titles or other person required or authorised by law to register or record transactions affecting assets or liabilities— (a) may, without formal application, register or record in the appropriate way the transfer of an asset or liability under a transfer notice; and (b) must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset or liability under a transfer notice to the transferee entity. (2) A transaction, related to an asset or liability transferred to a transferee entity, entered into by the transferee entity in the relevant transferor entity’s name or the name of a predecessor in title to the relevant transferor entity, if effected by an instrument otherwise in registrable form, must be registered Page 40 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 7 Miscellaneous [s 55] even though the transferee entity has not been registered as proprietor of the asset or liability. (3) If an asset or liability is registered in the name of a transferor entity, the registrar of titles or other registering authority may register a dealing for a transaction about the asset or liability without being concerned to enquire whether it is, or is not, an asset or liability transferred under a transfer notice. (4) In this section— transferee entity means the entity to which an asset or liability is transferred under a transfer notice. transferor entity means the entity from which an asset or liability is transferred under a transfer notice. 55 Confidentiality agreement with prospective purchasers (1) A prospective purchaser may enter into a confidentiality agreement with the State for the purpose of obtaining access to information in the possession or control of an energy entity. (2) The agreement must state— (a) the information to which access may be given; and (b) the employees or agents of the prospective purchaser to whom the access may be given; and (c) any conditions of the agreement. (3) Information mentioned in subsection (2)(a) may be identified by description including by a stated category. (4) The persons mentioned in subsection (2)(b) may be identified by name or by a stated class. (5) In this section— (a) a reference to an agreement includes a deed; and (b) a reference to entering into an agreement with the State includes executing a deed in favour of the State. (6) In this section— agent includes a financier or insurer. Current as at 23 September 2013 Page 41

Energy Assets (Restructuring and Disposal) Act 2006 Part 7 Miscellaneous [s 56] prospective purchaser means a person who has expressed to the State an interest in purchasing an energy entity or part or all of a gas or electricity business of an energy entity. 56 Disclosure and use of information for the project (1) A person may disclose information in the possession or control of an energy entity, for the purpose of the project, to— (a) a person involved in the project; or (b) a person to whom the information may be given under a confidentiality agreement; or (c) an energy entity, or employee or agent of an energy entity. (2) An energy entity or its board must comply with a request by the Minister for the disclosure of information under subsection (1) to a person. (3) A person may use information in the possession or control of an energy entity for the purpose of the project. (4) Also, to remove any doubt, it is declared that a person may disclose or use information in compliance with a transfer notice or project direction. (5) A person who, acting honestly, discloses or uses information under this section is not liable, civilly, criminally or under an administrative process, for the disclosure or use. (6) In this section— confidentiality agreement means an agreement mentioned in section 55, whether entered into or executed before or after the commencement of this Act. 57 Effect on legal relationships (1) Nothing done under this Act (including a thing done by, or in compliance with, a transfer notice or project direction)— Page 42 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 7 Miscellaneous [s 57] (a) makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or (c) is taken to fulfil a condition that— (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iii) requires any money to be paid before its stated maturity; or (d) releases a surety or other obligee, wholly or partly, from an obligation. (2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this Act, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally. Example — A contract entered into by an energy entity provides that the entity agrees not to transfer a particular asset without a particular person’s consent and that, if the consent is given, it may be subject to particular conditions. If the asset is transferred to another energy entity under a transfer notice, the consent required under the contract is taken to have been given unconditionally. (3) If, apart from this subsection, giving notice to a person would be necessary to do something under this Act, the notice is taken to have been given. (4) In this section— relevant entity means— Current as at 23 September 2013 Page 43

Energy Assets (Restructuring and Disposal) Act 2006 Part 7 Miscellaneous [s 58] (a) the State or an employee or agent of the State; or (b) an energy entity or an employee or agent of an energy entity. 58 Preservation of rights of seconded employees (1) This section applies if an employee of an energy entity (the employer ) is seconded to another energy entity under a transfer notice. (2) The employee is taken to continue to be employed by the employer on the same terms and conditions as applied before the secondment, subject to any subsequent variation of those terms and conditions under any applicable law or contract. (3) The secondment does not— (a) affect the employee’s benefits, entitlements or remuneration; or (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or (c) interrupt continuity of service; or (d) constitute a retrenchment or redundancy. (4) The secondment continues, even if the other energy entity stops being an energy entity, until the secondment is ended by the employer or the employee’s employment with the employer ends. (5) In this section— employee , of an energy entity, does not include a director of the entity. 59 Preservation of rights of transferred employees (1) This section applies to the transfer of an employee of an energy entity to another energy entity as part of the project. (2) The transfer does not— Page 44 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Part 7 Miscellaneous [s 60] (a) affect the employee’s benefits, entitlements or remuneration; or (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or (c) interrupt continuity of service; or (d) constitute a retrenchment or redundancy; or (e) entitle the employee to a payment or other benefit merely because he or she is no longer employed by the first energy entity. (3) In this section— employee , of an energy entity, does not include a director of the entity. 60 Delegations The Minister may delegate the Minister’s functions under this Act, except section 9, to the chief executive. 61 Evidentiary aids (1) This section applies to a proceeding under this Act. (2) A certificate signed by the Minister stating any of the following matters is conclusive evidence of the matter— (a) that a stated thing was, or is being, done for the purpose of the project; (b) that a stated person is, or was at a stated time, involved in the project; (c) that a stated company was established for the project; (d) that a stated direction given by the Minister related to the project. (3) A document certified by the Minister to be a copy of a project direction is conclusive evidence of the direction. Current as at 23 September 2013 Page 45

Energy Assets (Restructuring and Disposal) Act 2006 Part 7 Miscellaneous [s 62] 62 Regulations The Governor in Council may make regulations under this Act. Page 46 Current as at 23 September 2013

Schedule Energy Assets (Restructuring and Disposal) Act 2006 Schedule Dictionary section 4 2006 project see section 6. 2006 project energy entity see section 5. 2007 project see section 6A. 2007 project energy entity see section 5A. acquiring entity , for part 5, see section 32. administering authority , for part 5B, see section 45P. agent , of an entity, includes a person engaged by the entity. asset includes a right. authority — (a) for part 4—see section 12; or (b) for part 5—see section 32. disposal includes divestment. Electricity Act see sections 32 and 45B. employee includes officer. Energex means Energex Limited ACN 078 849 055. energy entity see section 4A. energy Minister means the Minister administering the Electricity Act or the Gas Act. Environmental Act , for part 5B, see section 45P. environmental authority (petroleum activities) , for part 5B, see section 45P. Ergon means Ergon Energy Corporation Limited ACN 087 646 062. Ergon Energy means Ergon Energy Pty Ltd ACN 078 875 902 as a former energy entity. Current as at 23 September 2013 Page 47

Energy Assets (Restructuring and Disposal) Act 2006 Schedule former energy entity means an entity that is no longer an energy entity. FRC day means the FRC day under the Electricity Act 1994 , section 310. Gas Act see section 12. government company means a corporation incorporated under the Corporations Act all the stock or shares in the capital of which is or are beneficially owned by the State. information includes a document. instrument includes an oral agreement. market customer , for part 5, see section 32. non-market customer , for part 5, see section 32. officer includes a director. person involved in the project means an employee or agent of the State who is involved in carrying out the project in the course of the employment or agency. Petroleum Act , for part 5C, see section 45S. petroleum Minister , for part 5C, see section 45S. pipeline licence , for part 5C, see section 45S. premises , for part 5, see section 32. prescribed entity , for part 5, see section 32. project see section 5B. project direction see section 11(1). QPTC see section 5A(1)(a). record includes any document. right includes power, privilege and immunity. sale entity see section 32. Stanwell see section 5A(1)(b). Sun Retail , for part 5, see section 32. Tarong see section 5A(1)(c). Page 48 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Schedule transfer notice see section 9(1). ultimate holding company see the Corporations Act, section 9. Current as at 23 September 2013 Page 49

Energy Assets (Restructuring and Disposal) Act 2006 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 7 Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 23 September 2013. Future amendments of the Energy Assets (Restructuring and Disposal) Act 2006 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. Page 50 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C Amendments included none 2006 Act No. 60 2007 Act No. 42 2008 Act No. 46 Effective 13 October 2006 1 July 2007 11 September 2007 12 September 2008 Notes Current as at 23 September 2013 Page 51

Energy Assets (Restructuring and Disposal) Act 2006 Endnotes Current as at 23 September 2013 Amendments included 2013 Act No. 39 Notes 5 List of legislation Energy Assets (Restructuring and Disposal) Act 2006 No. 42 date of assent 13 October 2006 commenced on date of assent amending legislation— Electricity and Other Legislation Amendment Act 2006 No. 60 pts 1, 3 date of assent 7 December 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2007 (2007 SL No. 15) Revenue and Other Legislation Amendment Act (No. 2) 2007 No. 42 s 1, pt 3 date of assent 11 September 2007 commenced on date of assent Airport Assets (Restructuring and Disposal) Act 2008 No. 46 ss 1, 115–116 date of assent 12 September 2008 commenced on date of assent Treasury and Trade and Other Legislation Amendment Act 2013 No. 39 ss 1, 109 sch 2 date of assent 23 September 2013 commenced on date of assent 6 List of annotations Energy entities s 4A ins 2007 No. 42 s 15 2006 project energy entities prov hdg sub 2007 No. 42 s 16(1) s 5 amd 2007 No. 42 s 16(2)–(4) 2007 project energy entities s 5A ins 2007 No. 42 s 17 Projects s 5B ins 2007 No. 42 s 17 The 2006 project prov hdg sub 2007 No. 42 s 18(1) s 6 amd 2007 No. 42 s 18(2)–(4) Page 52 Current as at 23 September 2013

Energy Assets (Restructuring and Disposal) Act 2006 Endnotes The 2007 project s 6A ins 2007 No. 42 s 19 Application of pt 3 s 7A ins 2007 No. 42 s 20 Transfer notice s 9 amd 2007 No. 42 s 21 Application of pt 4 s 11A ins 2007 No. 42 s 22 PART 5—ELECTRICITY AUTHORITIES (2006 PROJECT) pt hdg amd 2007 No. 42 s 23 Application of pt 5 s 31A ins 2007 No. 42 s 24 Provision for particular contracts on FRC day s 44 sub 2006 No. 60 s 55 PART 5A—ELECTRICITY AUTHORITIES (2007 PROJECT) pt hdg ins 2007 No. 42 s 25 Division 1—Preliminary div 1 (ss 45A–45E) ins 2007 No. 42 s 25 Division 2—Special approvals div 2 (ss 45F–45H) ins 2007 No. 42 s 25 Division 3—Accreditations div 3 (s 45I) ins 2007 No. 42 s 25 Division 4—Scheme participants div 4 (s 45J) ins 2007 No. 42 s 25 Division 5—Liable load exemptions div 5 (ss 45K–45N) ins 2007 No. 42 s 25 PART 5B—ENVIRONMENTAL AUTHORITIES pt 5B (ss 45O–45Q) ins 2007 No. 42 s 25 PART 5C—PETROLEUM AUTHORITIES pt 5C (ss 45R–45U) ins 2007 No. 42 s 25 FRC day s 51 om 2006 No. 60 s 56 Time within which Minister may act s 52 amd 2007 No. 42 s 26; 2008 No. 46 s 116 Transitional—amendment of regulation s 63 om 2013 No. 39 s 109 sch 2 PART 8—AMENDMENT OF OTHER LAWS pt hdg om R1 (see RA s 7(1)(k)) Current as at 23 September 2013 Page 53

Energy Assets (Restructuring and Disposal) Act 2006 Endnotes Division 1—Amendment of Community Ambulance Cover Act 2003 div 1 (ss 64–65) om R1 (see RA ss 7(1)(k) and 40) Division 2—Amendment of Electricity Act 1994 div 2 (ss 66–69) om R1 (see RA ss 7(1)(k) and 40) Division 3—Amendment of Government Owned Corporations Act 1993 div 3 (ss 70–72) om R1 (see RA ss 7(1)(k) and 40) Division 4—Amendment of Government Owned Corporations Regulation 2004 div 4 (ss 73–75) om R1 (see RA ss 7(1)(k) and 40) SCHEDULE—DICTIONARY def 2006 project ins 2007 No. 42 s 27(1) def 2006 project energy entity ins 2007 No. 42 s 27(1) def 2007 project ins 2007 No. 42 s 27(1) def 2007 project energy entity ins 2007 No. 42 s 27(1) def administering authority ins 2007 No. 42 s 27(1) def Electricity Act amd 2007 No. 42 s 27(2) def energy entity amd 2007 No. 42 s 27(3) def Environmental Act ins 2007 No. 42 s 27(1) def environmental authority (petroleum activities) ins 2007 No. 42 s 27(1) def FRC day sub 2006 No. 60 s 57 def Petroleum Act ins 2007 No. 42 s 27(1) def petroleum Minister ins 2007 No. 42 s 27(1) def pipeline licence ins 2007 No. 42 s 27(1) def project amd 2007 No. 42 s 27(4) def QPTC ins 2007 No. 42 s 27(1) def Stanwell ins 2007 No. 42 s 27(1) def Tarong ins 2007 No. 42 s 27(1) 7 Forms notified or published in the gazette Lists of forms are no longer included in reprints. Now see the separate forms document published on the website of the Office of the Queensland Parliamentary Counsel at <www.legislation.qld.gov.au> under Information—Current annotations. This document is updated weekly and the most recent changes are marked with a change bar. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 54 Current as at 23 September 2013