Electricity Supply Industry Amendment Act 2007
An Act to amend the Electricity Supply Industry Act 1995
[Royal Assent 21 June 2007]
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 Supply Industry Amendment Act 2007 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, the Electricity Supply Industry Act 1995 is referred to as the Principal Act.
4. Part 10, Division 6A inserted
After section 119 of the Principal Act , the following Division is inserted in Part 10:Division 6A - ChargesIn this Division –AEMC means the Australian Energy Market Commission established under the Australian Energy Market Commission Establishment Act 2004 of South Australia;Electricity Safety Minister means the Minister administering the Electricity Industry Safety and Administration Act 1997;Energy Minister means the Minister administering this Act;ESIS fund means the electrical safety inspection service fund established under section 121E ;NEMC means the charge for the cost of the State's funding commitments in respect of the AEMC payable under section 121;121. National energy market charge
(1) An annual charge is payable to the Crown by an electricity entity representing part or all of the cost of the State's funding commitments in respect of the AEMC.(2) The Minister, by order published in the Gazette, is to determine –(a) the electricity entity that is liable for the charge; and(b) the amount of the charge for the financial year in which the order is made.(3) In determining the amount of the charge for a financial year, the Minister must consider the expenditure incurred, or expected to be incurred, by the State in its funding commitments in respect of the AEMC in respect of that financial year.(4) The Minister must notify the electricity entity of the entity's liability for the NEMC and the amount of the charge.(5) The NEMC is to be paid into an account in the Special Deposits and Trust Fund, unless otherwise directed or approved by the Treasurer.121A. NEMC not recoverable from specified customers
The Minister may determine that the electricity entity must not seek to recover the NEMC from a customer, or class of customers, of the electricity entity as may be specified in the order under section 121(2) .121B. Electrical safety inspection service charge
(1) An annual charge is payable to the Crown by an electricity entity for the operation and administration of the electrical safety inspection service administered by the responsible Department in relation to the Electricity Industry Safety and Administration Act 1997.(2) The Minister, by order published in the Gazette, is to determine the amount of the electrical safety inspection service charge each year.(3) In determining the amount of the electrical safety inspection service charge, the Minister is to take into account the budget prepared under section 121D .(4) The Minister must notify the electricity entity of the entity's liability to pay the electrical safety inspection service charge and the amount of the charge.(5) The electrical safety inspection service charge is to be paid into the ESIS fund.121C. Orders under this Division
(1) An order made under this Division is to specify –(a) to whom the charge is payable; and(b) the place at which, and the date and method by which, payment of the charge is to be made.(2) Sections 47(3), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 apply to an order made under this Division as if it were regulations within the meaning of that Act.(3) An order made under this Division is not –(a) a statutory rule for the purposes of the Rules Publication Act 1953; or(b) subordinate legislation for the purposes of the Subordinate Legislation Act 1992.121D. Preparation of annual budget
(1) Before 30 September in each calendar year, the person or body engaged to carry out the electrical safety inspection service is to prepare a budget in respect of the costs of delivering that service for the next calendar year.(2) The person or body is to provide a copy of the budget to the Energy Minister, the Regulator and the Administrator of Occupational Licensing appointed under the Occupational Licensing Act 2005.121E. Electrical safety inspection service fund
(1) The Electricity Safety Minister is to establish the electrical safety inspection service fund.(2) Money in the ESIS fund is to be applied for the operation and administration of the electrical safety inspection service in any way the Electricity Safety Minister determines.121F. Penalty for late payment
If the whole or any part of the electrical safety inspection service charge payable under section 121B is not paid by the due date, the electricity entity is liable to a penalty calculated at the rate of 20% per annum of the amount unpaid as from that due date.121G. Money payable may be recovered as debt
The relevant Minister may recover money payable as the NEMC or the electrical safety inspection service charge as a debt due in a court of competent jurisdiction.
[Second reading presentation speech made in:
House of Assembly on 19 APRIL 2007
Legislative Council on 6 JUNE 2007]