South Australian Current Acts

ELECTRICITY CORPORATIONS (RESTRUCTURING AND DISPOSAL) ACT 1999 - SECT 5

5—Preparation for restructuring and disposal

        (1)         The following actions (collectively referred to as the "authorised project") are authorised:

            (a)         determination of the most appropriate means of disposing of the assets and liabilities of an electricity corporation;

            (b)         examination of the assets and liabilities of an electricity corporation or assets and liabilities of a body by which assets or liabilities have been acquired under a transfer order;

            (c)         action that the Minister authorises in preparation for disposal of assets and liabilities of an electricity corporation or assets and liabilities of a body by which assets or liabilities have been acquired under a transfer order.

        (2)         The authorised project is to be carried out by—

            (a)         persons employed by the Crown and assigned to work on the project; and

            (b)         employees of an electricity corporation or State-owned company assigned to work on the project; and

            (c)         other persons whose services are engaged by the Crown or an electricity corporation or State-owned company for the purpose of carrying out the project; and

            (d)         other persons approved by the Minister whose participation or assistance is, in the opinion of the Minister, reasonably required for the purposes of the project.

        (3)         The Minister (or the Minister's delegate) may, despite any other law or instrument, authorise prospective purchasers and their agents to have access to information in the possession or control of—

            (a)         an electricity corporation; or

            (b)         a body by which assets or liabilities have been acquired under a transfer order,

that should, in the Minister's opinion (or the delegate's opinion), be made available to the prospective purchasers for the purposes of the authorised project.

        (4)         Members of the governing body and employees of an electricity corporation or a body by which assets or liabilities have been acquired under a transfer order must, despite any other law or instrument—

            (a)         allow persons engaged on the authorised project access to information in the possession or control of the electricity corporation or body that is reasonably required for, or in connection with, the carrying out of the authorised project; and

            (b)         do whatever is necessary to facilitate the provision of the information to persons entitled to access to the information under subsection (3); and

            (c)         provide other co-operation, assistance and facilities that may be reasonably required for, or in connection with, the carrying out of the authorised project.

        (5)         A person who is in a position to grant or refuse access to information to which this section relates may deny access to a person who seeks access to the information unless the person produces a certificate issued by the Minister (or the Minister's delegate) certifying that the person is entitled to access to information under this section and the basis of the entitlement.