South Australian Current Acts South Australian Current Acts25—Licences under Electricity Act
(1) The Minister may,
by order in writing, require that a licence under the Electricity
Act 1996 authorising specified operations be issued to a State-owned
company, or to the purchaser under a sale/lease agreement, in accordance with
specified requirements as to the term and conditions of the licence and rights
conferred by the licence.
(2) The requirements
of the Minister as to the conditions of a licence must be consistent with the
provisions of the Electricity Act 1996 as to such conditions.
(3) The Minister may,
by order in writing, require that a licence issued to a State-owned company in
accordance with an order under subsection (1) be transferred to a
purchaser under a sale/lease agreement.
(4) The Minister may,
by order in writing, require that a licence issued to a purchaser in
accordance with an order under subsection (1), or transferred to a
purchaser in accordance with an order under subsection (3), be
transferred to the transferee under a special order.
(5) An order under
this section must be given effect to without the need for the
State-owned company, or the purchaser, to apply for the licence or agreement
to the transfer of the licence and despite the provisions of the
Electricity Act 1996 and section 7 of the Independent Industry Regulator
Act 1999 .
(6) An order may not
be made more than once under this section for the issue of a licence in
respect of the same electricity generating plant.
(7) An order may not
be made more than once under this section for the issue of a licence in
respect of the same electricity retailing business.
(8) A licence issued
to a State-owned company in accordance with an order under this section may
not be suspended or cancelled under the Electricity Act 1996 on the
ground of any change that has occurred in the officers or shareholders of the
company associated with the company's ceasing to be a State-owned company.