National Energy Retail Law (Tasmania) (Consequential Amendments) Act 2012

3.   

The amendments effected by this Part have been incorporated into the authorised version of the Electricity - National Scheme (Tasmania) Act 1999 .

4.   

The amendments effected by this Part have been incorporated into the authorised version of the Electricity - National Scheme (Tasmania) Act 1999 .

5.   

The amendments effected by this Part have been incorporated into the authorised version of the Electricity - National Scheme (Tasmania) Act 1999 .

6.   

The amendments effected by this Part have been incorporated into the authorised version of the Electricity - National Scheme (Tasmania) Act 1999 .

8.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

9.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

10.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

11.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

12.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

13.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

14.    Sections 19A and 19B inserted

After section 19 of the Principal Act , the following sections are inserted in Subdivision 1:

19A.   Bass Strait Islands power system

(1)  In this section –

Bass Strait Islands power system means the system for generation and distribution of electricity in the Bass Strait Islands.

(2)  On the day on which this section comes into operation, the Regulator must issue –

(a) a licence to the Hydro-Electric Corporation to carry on, in relation to the Bass Strait Islands, the operations in the electricity supply industry referred to in section 17(2)(a) ; and

(b) a licence to the Hydro-Electric Corporation to carry on, in relation to the Bass Strait Islands, the operations in the electricity supply industry referred to in section 17(2)(c) ; and

(c) a licence to the Hydro-Electric Corporation to carry on the operations in the electricity supply industry referred to in section 17(2)(d) .

(3)  Section 19 , section 21 , section 27(1) and (3) , section 29 and section 30 do not apply in relation to a licence issued under subsection (2) .

(4)  On the day on which this section comes into operation, section 4 of the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 ceases to apply in relation to the Hydro-Electric Corporation in respect of regulated operations, in an electricity supply industry referred to in section 17(2)(a) , (c) or (d) , carried on in relation to the Bass Strait Islands.

(5)  The Regulator, with the approval of the Treasurer and the Minister, may –

(a) by notice in writing to the Hydro-Electric Corporation, revoke a licence issued under subsection (2) ; or

(b) by notice in writing to the holder of a licence issued in accordance with subsection (6) , revoke the licence.

(6)  If a licence that is revoked under subsection (5) is –

(a) a licence to carry on operations in an electricity supply industry that is referred to in section 17(2)(a) , the Regulator may issue to a person under section 19 a licence, to carry on such operations in relation to the Bass Strait Islands, that is subject to the condition specified in section 19B(2) ; or

(b) a licence to carry on operations in an electricity supply industry that is referred to in section 17(2)(c) , the Regulator may issue to a person under section 19 a licence, to carry on such operations in relation to the Bass Strait Islands, that is subject to the condition specified in section 19B(2) and the condition specified in section 19B(3) ; or

(c) a licence to carry on operations in an electricity supply industry that is referred to in section 17(2)(d) , the Regulator may issue to a person under section 19 a licence, to carry on such operations in relation to the Bass Strait Islands, that is subject to the condition specified in section 19B(2) .

(7)  Nothing in subsection (6) is to be taken to prevent the Regulator issuing under section 19 a licence that is not subject to the condition specified in section 19B(2) or the condition specified in section 19B(3) .

(8)  The Regulator may only issue a licence in accordance with subsection (6) with the approval of the Treasurer and the Minister and the applicant for the licence.

19B.   Conditions of, and liabilities in respect of, certain licences in relation to Bass Strait Islands

(1)  This section applies to –

(a) a licence issued under section 19A(2) ; and

(b) a licence issued in accordance with section 19A(6) .

(2)  Without limiting the conditions to which a licence to which this section relates may be subject under this Act, such a licence is subject to the condition that it only authorises the carrying on in the Bass Strait Islands of the operations in an electricity supply industry to which the licence relates.

(3)  It is a condition of a licence to which this section relates, issued in respect of the electricity supply industry referred to in section 17(2)(c) , that the holder of the licence must –

(a) continuously monitor the operation of the Bass Strait Islands power system; and

(b) control the input of electricity and the loads placed on the Bass Strait Islands power system to ensure that –

(i) the integrity of the Bass Strait Islands power system is maintained; and

(ii) the Bass Strait Islands power system operates efficiently, reliably and safely; and

(c) perform the functions in relation to the Bass Strait Islands that are assigned to the holder of the licence under the regulations or the Code; and

(d) exercise the powers in relation to the Bass Strait Islands that the holder of the licence is required to exercise under the regulations or the Code.

(4)  In performing, in relation to the Bass Strait Islands, the functions or powers referred to in subsection (3) , the holder of a licence to which this section relates has, in addition to the powers referred to in subsection (3) , any other power imposed or conferred on the holder of the licence by the regulations or the Code.

(5)  The holder of a licence to which this section relates is not liable for an act or omission, in relation to the Bass Strait Islands, that is done, or omitted to be done, in good faith, by –

(a) the holder of the licence; or

(b) an employee or agent of the holder of the licence –

in the exercise or performance, or the purported exercise or performance, of a power or function, referred to in subsection (3) or (4) , of the holder of the licence.

(6)  An employee or agent of the holder of a licence to which this section relates is not personally liable for an act, or omission, in relation to the Bass Strait Islands, that is done, or omitted to be done, in good faith, in the exercise or performance, or the purported exercise or performance, of a power or function, referred to in subsection (3) or (4) , of the holder of the licence.

16.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

17.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

18.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

19.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

20.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

21.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

22.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

23.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

24.   

The amendments effected by this Part have been incorporated into the authorised version of the Energy Ombudsman Act 1998 .

25.   

The amendments effected by this Part have been incorporated into the authorised version of the Energy Ombudsman Act 1998 .