Electricity Industry Reform Amendment Bill 191-1 (2007), Government Bill

  • not the latest version
7 New sections 6 and 7 substituted
  • Sections 6 and 7 are repealed and the following sections substituted:

    6 Meaning of business A and business B
    • (1) Where section 20 uses the term business A, it refers to a business that would have to be ownership separated under sections 17 to 17F, and the term business B then refers to a business from which business A must be separated under those sections.

      (2) Where the rest of this Act uses the term business A, it refers to a business that is required to be carried out in 1 company under sections 17D and 17E, and the term business B then refers to a business that is required to be carried out in another company under those sections.

      (3) Where this Act applies to business A, it applies equally to business B, and vice versa.

      (4) References to trust A and trust B have corresponding meanings and application.

    7 Meaning of involved
    • (1) For the purposes of this Act, a person is involved

      • (a) in a line if the person conveys electricity by the line, or owns or operates, directly or indirectly, the line or any other assets used in connection with the line, either alone or together with its associates and either on its own or another’s behalf:

      • (b) in any generation if the person generates electricity from the generator, or owns or operates, directly or indirectly, the generator or any other assets used in connection with the generator, either alone or together with its associates and either on its own or another’s behalf:

      • (c) in selling electricity to a customer if the person sells to the customer either on its own or another’s behalf:

      • (d) in any of the things referred to in paragraphs (a) to (c) if the person—

        • (i) carries on a business that does any of those things, either alone or together with its associates and either on its own or another’s behalf; or

        • (ii) exceeds the 10% threshold in section 8 in respect of a business that does any of those things; or

        • (iii) has material influence over a business that does any of those things.

      (2) Involvement has a corresponding meaning.