Electricity Supply Industry Act 1995
An Act to promote efficiency and competition in the electricity supply industry, to provide for a safe and efficient system of electricity generation, transmission, distribution and supply, to provide for the safety of electrical installations, equipment and appliances, to enforce proper standards in the performance of electrical work, to protect the interests of consumers of electricity and for related purposes
[Royal Assent 4 October 1995]
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:
PART 1 - Preliminary
This Act may be cited as the Electricity Supply Industry Act 1995 .
The provisions of this Act commence on a day or days to be proclaimed.
In this Act, unless the contrary intention appears –[Section 3 Amended by No. 16 of 2003, s. 24, Applied:29 May 2005] [Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 78 of 2005, s. 5, Applied:15 Dec 2005][Section 3 Amended by No. 59 of 2009, s. 45, Applied:01 Jun 2010] AEMO (Australian Energy Market Operator) has the same meaning as in the National Electricity Rules;[Section 3 Amended by No. 78 of 2005, s. 5, Applied:15 Dec 2005] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] Aurora Energy means Aurora Energy Pty Ltd (ABN 85 082 464 622);[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] Aurora Retail means Aurora Energy in its capacity as the holder of a retailer authorisation;[Section 3 Amended by No. 73 of 2007, s. 6, Applied:01 Jan 2008] Australian Energy Market Agreement means the Australian Energy Market Agreement made between the Commonwealth, State and Territory Governments on 30 June 2004 and all amendments to that Agreement;authorised officer means a person appointed under section 84 as an authorised officer;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] authorised retailer means a person who is the holder of a retailer authorisation;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] Basslink means the interconnection between the electricity grids of the States of Tasmania and Victoria by means of –(a) a high voltage, direct current, submarine cable across Bass Strait; and(b) converter stations in those States; and(c) direct current connecting lines to those converter stations; and(d) [Section 3 Amended by No. 78 of 2005, s. 19, Applied:01 Jan 2008] alternating current transmission connections to the transmission systems of those States; and(e) related infrastructure;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] Bass Strait Islands means those islands in the State of Tasmania known as King Island and Flinders Island;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] Bass Strait Islands tariff retailer means –(a) the holder of a licence issued under section 19A(2) ; and(b) the holder of a licence issued in accordance with section 19A(6) ;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] business customer means a customer who is not a residential customer;[Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998] [Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] Code means the Tasmanian Electricity Code, as amended or substituted from time to time, issued under Division 9 of Part 3 ;[Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998] [Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003][Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] Competition Code has the same meaning as in the Competition Policy Reform (Tasmania) Act 1996 ;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] connection means a physical link between a distribution system and a customer's premises to allow the flow of electricity;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] contestable customer means a customer who is determined by or under the regulations to be a contestable customer;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] customer means a person to whom electricity is sold for premises by a retailer or who proposes to purchase electricity for premises from a retailer;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] customer retail services means the sale of electricity by a retailer to a customer at premises;[Section 3 Amended by No. 78 of 2005, s. 19, Applied:01 Jan 2008] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] [Section 3 Amended by No. 16 of 2003, s. 34, Applied:03 Aug 2005] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012]decision includes a direction or order;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] disconnect electricity supply includes a procedure to interrupt or discontinue the electricity supply to the electrical installation, or premises, of a customer;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003][Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] distribution of electricity means the carrying of electricity between different points using a distribution network;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] distribution network has the meaning given by section 3A ;electrical installation means a set of wires and associated fittings, equipment and accessories that forms part of a power system and includes a set of wires and associated fittings, equipment and accessories in premises to which a power system is connected;[Section 3 Amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998]electricity means electrical energy generated, transmitted or supplied in trade or commerce (including electricity generated by a person engaged in trade or commerce for the person's own commercial use);electricity entity means a person licensed to carry on operations in the electricity supply industry under this Act and includes (where the context requires) a person who has been licensed to carry on operations in the electricity supply industry under this Act whose licence has been cancelled or has expired;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] electricity generating plant has the meaning given by section 3A ;electricity infrastructure means anything used for, or in connection with, the generation, transmission or distribution of electricity including –(a) electricity generating plant; and(b) structures and equipment to hold water, or to direct, monitor or control the flow of water, for the purposes of hydro-electric generation; and(c) powerlines; and(d) substations for converting, transforming or controlling electricity; and(e) equipment for metering, monitoring or controlling electricity;electricity officer means a person appointed under this Act as an electricity officer;electricity supply industry means the industry involved in the generation, transmission, distribution, supply and sale of electricity;extra high voltage means a nominal voltage of 88 kilovolts or above;generation of electricity means the operation of any kind of electricity generating plant including, in the case of hydro-electric power generation, the accumulation and release of water for the purpose of driving the generating plant and all incidental and related operations;high voltage means a nominal voltage of 1 kilovolt or above but less than 88 kilovolts;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 78 of 2005, s. 5, Applied:15 Dec 2005] Jurisdictional Regulator has the same meaning as in the National Electricity Rules;land includes –(a) an estate or interest in land (including an easement); or(b) a right or power over or in respect of land;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] licence means a licence issued under section 19 or 19A ;low voltage means a nominal voltage of less than 1 kilovolt;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] mainland Tasmania means all parts of Tasmania other than any off-shore island of Tasmania (except for Bruny Island);[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] market retail contract has the meaning it has in the National Energy Retail Law (Tasmania);[Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998] [Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 78 of 2005, s. 5, Applied:15 Dec 2005][Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998] [Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] National Electricity Law means the National Electricity Law contained in the schedule (as amended from time to time) to the National Electricity (South Australia) Act 1996 of South Australia;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 78 of 2005, s. 5, Applied:15 Dec 2005] [Section 3 Amended by No. 59 of 2009, s. 45, Applied:01 Jun 2010] National Electricity Market means the wholesale electricity market operated and administered by AEMO under the National Electricity Rules;[Section 3 Amended by No. 73 of 2007, s. 6, Applied:01 Jan 2008][Section 3 Amended by No. 73 of 2007, s. 6, Applied:01 Jan 2008] National Electricity Rules has the same meaning as in the National Electricity Law;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] National Energy Retail Law (Tasmania) has the meaning it has in the National Energy Retail Law (Tasmania) Act 2012 ;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] National Energy Retail Regulations (Tasmania) has the meaning it has in the National Energy Retail Law (Tasmania) Act 2012 ;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] National Energy Retail Rules means the National Energy Retail Rules, within the meaning of the National Energy Retail Law (Tasmania), as modified in their application in this jurisdiction under the National Energy Retail Law (Tasmania) Act 2012 ;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] NEM entry time means the time at which section 6 of the Electricity - National Scheme (Tasmania) Act 1999 commences;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 59 of 2009, s. 45, Applied:01 Jun 2010]network services means –[Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998] [Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012](a) the transmission and distribution of electricity between electricity entities and from electricity entities to customers; and(b) controlling and regulating the quality of electricity;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] non-contestable customer means a small customer who is not a contestable customer;officer means –(a) [Section 3 Amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] in relation to a body corporate, an officer within the meaning of the Corporations Act;(b) in relation to an organisation that is not incorporated, a person with executive or administrative authority in the organisation;operations includes activities;power system means a system for the generation, transmission or distribution of electricity;powerline means –(a) a set of cables for the transmission or distribution of electricity and their supporting or protective structures; and(b) associated equipment for the transmission or distribution of electricity;public land means land –(a) [Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] belonging to the Crown, an Agency, within the meaning of the State Service Act 2000 or an instrumentality of the Crown; or(b) belonging to a local authority;[Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998] regulations means regulations made and in force under this Act;Regulator means the person appointed as the Regulator under section 5 ;[Section 3 Amended by No. 16 of 2003, s. 34, Applied:03 Aug 2005] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] [Section 3 Amended by No. 16 of 2003, s. 34, Applied:03 Aug 2005] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] [Section 3 Amended by No. 16 of 2003, s. 24, Applied:29 May 2005] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012][Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] residential customer means a customer who purchases electricity principally for personal, household or domestic use at premises;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] retailer means a person who sells, or proposes to sell, for premises, electricity to a customer;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] retailer authorisation has the meaning it has in the National Energy Retail Law (Tasmania);[Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998][Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998] [Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] reviewable decision means any direction, decision or determination under this Act, the regulations or the Code other than a direction, decision or determination declared by this Act, the regulations or the Code not to be reviewable;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] small customer means a customer who is a small customer under the National Energy Retail Law (Tasmania);[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] standing offer prices has the meaning it has in the National Energy Retail Law (Tasmania);[Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998] [Section 3 Amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] subsidiary has the same meaning as in the Corporations Act;supply of electricity means the delivery of electricity to the electrical installation of a customer;[Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012] [Section 3 Amended by No. 16 of 2003, s. 24, Applied:29 May 2005] [Section 3 Amended by No. 21 of 1998, s. 4, Applied:19 Jun 1998] [Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012][Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 78 of 2005, s. 19, Applied:01 Jan 2008] transmission of electricity means the carrying of electricity between different points using a transmission system;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 78 of 2005, s. 19, Applied:01 Jan 2008][Section 3 Amended by No. 78 of 2005, s. 19, Applied:01 Jan 2008] transmission system has the same meaning as in the National Electricity Rules;[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 16 of 2003, s. 24, Applied:29 May 2005] [Section 3 Amended by No. 59 of 2009, s. 45, Applied:01 Jun 2010] [Section 3 Amended by No. 9 of 2012, s. 8, Applied:01 Jul 2012][Section 3 Amended by No. 59 of 2009, s. 45, Applied:01 Jun 2010] [Section 3 Amended by No. 2 of 2012, s. 33, Applied:01 Jan 2013] workplace health and safety Secretary means the Secretary of the department responsible for the administration of the Work Health and Safety Act 2012 .[Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003] [Section 3 Amended by No. 16 of 2003, s. 24, Applied:29 May 2005] [Section 3 Amended by No. 16 of 2003, s. 4, Applied:09 May 2003]
3A. Meaning of distribution network and electricity generating plant
[Section 3A Inserted by No. 16 of 2003, s. 5, Applied:09 May 2003](1) [Section 3A Subsection (1) substituted by No. 9 of 2012, s. 9, Applied:01 Jul 2012] In this Act, a reference to distribution network is a reference to the apparatus, electric lines, equipment, plant, and buildings, used to convey or control the conveyance of electricity, that the National Electricity Rules specify as, or as forming part of, a distribution system.(2) [Section 3A Subsection (2) omitted by No. 78 of 2005, s. 20, Applied:01 Jan 2008] . . . . . . . .(3) An electricity generating plant is a facility or plant that is or could be used to generate electricity, and includes all equipment at that facility or plant.(4) [Section 3A Subsection (4) amended by No. 78 of 2005, s. 20, Applied:01 Jan 2008] The Regulator may declare that any equipment, or any equipment of a specified class, is to be treated as part of a specified distribution network, transmission system or electricity generating plant for the purposes of the Act, the regulations and the Code generally or for the purposes of a specified provision of the Act, the regulations or the Code.(5) While a declaration under subsection (4) has effect, any equipment to which the declaration applies –(a) [Section 3A Subsection (5) amended by No. 78 of 2005, s. 20, Applied:01 Jan 2008] forms part of the specified distribution network, transmission system or electricity generating plant for the specified purpose; and(b) [Section 3A Subsection (5) amended by No. 78 of 2005, s. 20, Applied:01 Jan 2008] does not form part of any other distribution network, transmission system or electricity generating plant for the specified purpose.(6) In subsections (3) , (4) and (5) –equipment means powerlines, substations, plant, structures or other equipment;specified means specified in the relevant declaration made under subsection (4) .(7) The Regulator may amend or revoke a declaration under subsection (4) .(8) A declaration under subsection (4) or an amendment or revocation of such a declaration –(a) is to be made by notice published in the Gazette; and(b) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
PART 2 - Administration
Division 1 - The Regulator
(1) The office of the Regulator is established.(2) [Section 5 Subsection (2) substituted by No. 21 of 1998, s. 5, Applied:01 Jul 1998] [Section 5 Subsection (2) substituted by No. 59 of 2009, s. 46, Applied:01 Jun 2010] The Regulator, within the meaning of the Economic Regulator Act 2009 , is appointed as the Regulator.
6. Regulator's functions and powers
[Section 7 Repealed by No. 21 of 1998, s. 7, Applied:19 Jun 1998] . . . . . . . .(1) The Regulator's functions are –(a) to administer the licensing system for electricity entities established by this Act; and(b) to monitor and regulate technical standards in the electricity supply industry; and(ba) [Section 6 Subsection (1) amended by No. 16 of 2003, s. 6, Applied:09 May 2003] to monitor and enforce the compliance of electricity entities with their licence conditions; and(c) [Section 6 Subsection (1) amended by No. 16 of 2003, s. 25, Applied:29 May 2005] [Section 6 Subsection (1) amended by No. 78 of 2005, s. 6, Applied:15 Dec 2005] to perform and exercise the functions and powers of Jurisdictional Regulator in respect of Tasmania under the National Electricity Rules; and(ca) [Section 6 Subsection (1) amended by No. 21 of 1998, s. 6, Applied:19 Jun 1998] to issue, maintain, administer and enforce the Code; and(d) [Section 6 Subsection (1) amended by No. 21 of 1998, s. 6, Applied:19 Jun 1998] to carry out the other functions assigned to the Regulator under this Act, the regulations and the Code.(2) [Section 6 Subsection (2) amended by No. 16 of 2003, s. 25, Applied:29 May 2005] In exercising powers and functions under this Act, other than the powers and functions referred to in subsection (1)(c) , the Regulator's objectives are–(a) to promote efficiency and competition in the electricity supply industry; and(b) to establish and maintain a safe and efficient system of electricity generation, transmission, distribution and supply; and(c) [Section 6 Subsection (2) amended by No. 21 of 1998, s. 6, Applied:19 Jun 1998] to establish and enforce proper standards of safety, security, reliability and quality in the electricity supply industry; and(d) to protect the interests of consumers of electricity.(3) [Section 6 Subsection (3) inserted by No. 21 of 1998, s. 6, Applied:19 Jun 1998] The Regulator has power to do all things necessary or convenient to be done in connection with, incidental to or related to the performance and exercise of the Regulator's functions and powers.(4) [Section 6 Subsection (4) amended by No. 59 of 2009, s. 47, Applied:01 Jun 2010] [Section 6 Subsection (4) amended by No. 78 of 2005, s. 6, Applied:15 Dec 2005] [Section 6 Subsection (4) inserted by No. 16 of 2003, s. 6, Applied:09 May 2003] In performing and exercising its functions and powers, the Regulator is to have regard to the provisions of the National Electricity Rules and the desirability of avoiding duplication of, or inconsistency with, regulatory arrangements under the National Electricity Rules.(5) [Section 6 Subsection (5) inserted by No. 16 of 2003, s. 6, Applied:09 May 2003] [Section 6 Subsection (5) amended by No. 78 of 2005, s. 6, Applied:15 Dec 2005] [Section 6 Subsection (5) omitted by No. 9 of 2012, s. 10, Applied:01 Jul 2012] . . . . . . . .(6) [Section 6 Subsection (6) amended by No. 78 of 2005, s. 6, Applied:15 Dec 2005] [Section 6 Subsection (6) inserted by No. 16 of 2003, s. 6, Applied:09 May 2003] [Section 6 Subsection (6) amended by No. 78 of 2005, s. 6, Applied:15 Dec 2005] [Section 6 Subsection (6) omitted by No. 9 of 2012, s. 10, Applied:01 Jul 2012] . . . . . . . .
8. Administrative fairness and independence
[Section 8 Substituted by No. 21 of 1998, s. 8, Applied:19 Jun 1998](1) In exercising powers and functions under this Act, the Regulator must not unfairly discriminate between electricity entities, customers for electricity or other persons.(2) In exercising powers and functions under this Act, the Regulator is not subject to the direction of the Minister or any other person.(3) [Section 8 Subsection (3) inserted by No. 16 of 2003, s. 7, Applied:09 May 2003] Subsection (2) does not apply in respect of the directions of the Minister properly contained in a notice under section 36 or the directions given in accordance with regulations of a kind specified in section 122(2A) .
9. Special reports to Minister
The Regulator must report to the Minister on subjects on which the Minister requires a report as and when required by the Minister.
[Section 10 Subsection (1) amended by No. 42 of 2003, Sched. 1, Applied:04 Jul 2003] [Section 10 Subsection (2) amended by No. 21 of 1998, s. 9, Applied:19 Jun 1998] [Section 10 Substituted by No. 59 of 2009, s. 48, Applied:01 Jun 2010] The annual report made by the Regulator, within the meaning of the Economic Regulator Act 2009 , under that Act is to include a report on the performance and exercise of the Regulator's functions and powers under this Act.
Division 2 - Executive and advisory committees
(1) An executive committee may be established by regulation to exercise specified powers and functions as a delegate of the Regulator.(2) A regulation establishing an executive committee to exercise specified powers and functions operates as a delegation of the relevant powers and functions to the committee (which is revocable only as provided in the regulation itself or by a later regulation).(3) The members of an executive committee are appointed and hold office on terms and conditions determined by the Minister.(4) A committee established under this section –(a) is responsible to the Regulator for the proper exercise of its powers and functions; and(b) is subject to control and direction by the Regulator; and(c) must report on the exercise of delegated powers and functions as required by the Regulator.
(1) The Minister or the Regulator may establish an advisory committee to advise the Minister or the Regulator (or both) on specified aspects of the administration of this Act.(2) The members of an advisory committee are appointed and hold office on terms and conditions determined by the Minister.
Division 3 - Delegation
The Regulator may delegate powers to a person or body of persons that is, in the Regulator's opinion, competent to exercise the relevant powers.
Division 4 - Regulator's power of direction
14. Regulator's power of direction
(1) The Regulator may, for the purposes of this Act, give directions to an electricity entity.(2) A direction under this section must be given in writing.
Division 5 - Power to obtain information
15. Regulator's power to require information
(1) [Section 15 Subsection (1) amended by No. 78 of 2005, s. 7, Applied:15 Dec 2005] [Section 15 Subsection (1) amended by No. 16 of 2003, s. 26, Applied:29 May 2005] [Section 15 Subsection (1) amended by No. 16 of 2003, s. 8, Applied:09 May 2003] The Regulator may, by written notice, require a person to give the Regulator, within a time stated in the notice (which must be reasonable), information in the person's possession that the Regulator reasonably requires for the administration of this Act, the regulations, the Code and the National Electricity Rules.(2) A person required to give information under this section must provide the information within the time stated in the notice.Penalty: For a body corporate a fine not exceeding 100 penalty units and for a natural person a fine not exceeding 50 penalty units.(3) A person may not be compelled to give information under this section if the information might tend to incriminate the person of an offence.(4) A requirement to provide information under this section is not reviewable.
Division 6 - Confidential information
16. Obligation to preserve confidentiality
(1) The Regulator must preserve the confidentiality of information that –(a) could affect the competitive position of an electricity entity or other person; or(b) is commercially sensitive for some other reason.(2) [Section 16 Subsection (2) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] Information classified by the Regulator as confidential is not liable to disclosure under the Right to Information Act 2009 .(3) A classification of information by the Regulator as confidential (or not confidential) is not reviewable.
Division 7 - Conferral of Regulator's functions and powers on AER[Division 7 of Part 2 Heading amended by No. 78 of 2005, s. 8, Applied:15 Dec 2005]
[Section 16A Amended by No. 78 of 2005, s. 9, Applied:15 Dec 2005] [Section 16A of Part 2 Inserted by No. 16 of 2003, s. 9, Applied:09 May 2003] On behalf of the State, the Minister may enter into an agreement with the Commonwealth in respect of the performance and exercise of any or all of the functions and powers of the Regulator under this Act, the regulations or the Code by the AER.
[Section 16B of Part 2 Inserted by No. 16 of 2003, s. 9, Applied:09 May 2003](1) [Section 16B Subsection (1) amended by No. 78 of 2005, s. 10, Applied:15 Dec 2005] If the Minister has entered into an agreement under section 16A , the Minister may specify, by notice published in the Gazette, the functions and powers of the Regulator under this Act, the regulations or the Code that are to be performed and exercised by the AER.(2) A notice under subsection (1) –(a) is to be consistent with the agreement made under section 16A ; and(b) [Section 16B Subsection (2) amended by No. 78 of 2005, s. 10, Applied:15 Dec 2005] may provide for all matters relating to the conferral of the functions and powers of the Regulator on the AER.(3) The Minister may amend or repeal a notice under subsection (1) by notice published in the Gazette.(4) A notice under subsection (1) or (3) takes effect –(a) on a day, or at a time, specified in it; or(b) on the happening of an event specified in it; or(c) if no day, time or event is so specified in it, on the day it is published in the Gazette.(5) A notice under subsection (1) or (3) must not specify a day, time or event for the purposes of subsection (4)(a) or (b) that is earlier than the time at which the notice would take effect if no day, time or event were so specified.(6) A notice under subsection (1) or (3) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
16C. Conferral of transmission pricing functions and powers
[Section 16C of Part 2 Inserted by No. 16 of 2003, s. 9, Applied:09 May 2003](1) [Section 16C Subsection (1) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] On the taking effect of a notice referred to in section 16B in respect of the conferral on the AER of a function or power of the Regulator, that function or power –(a) [Section 16C Subsection (1) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] is conferred on the AER; and(b) [Section 16C Subsection (1) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] at the discretion of the AER, may be performed or exercised by the AER.(2) [Section 16C Subsection (2) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] The AER may do all things necessary or convenient to be done in connection with, or incidental to, the performance or exercise of a function or power conferred on it by subsection (1) .(3) [Section 16C Subsection (3) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] A function or power conferred on the AER by subsection (1) may be performed or exercised by the Regulator.(4) [Section 16C Subsection (4) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] Despite subsection (3) , the Regulator may not perform or exercise a function or power conferred on the AER by subsection (1) in relation to any matter if –(a) [Section 16C Subsection (4) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] the AER is performing or exercising that function or power in respect of that matter; or(b) [Section 16C Subsection (4) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] the AER has performed or exercised that function or power in respect of that matter; or(c) [Section 16C Subsection (4) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] the Regulator believes that the AER intends to perform or exercise that function or power in respect of that matter.(5) [Section 16C Subsection (5) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] [Section 16C Subsection (5) substituted by No. 73 of 2007, s. 7, Applied:01 Jan 2008] Despite section 16 , any other provision of this Act, any other Act and any other law, the Regulator is authorised, on his, her or its own initiative or at the request of the AER –(a) to provide the AER with such information (including information given in confidence) in the possession or control of the Regulator that is reasonably required by the AER for the purposes of performing and exercising the functions and powers conferred on it by this section; and(b) to provide the AER with such other assistance as is reasonably required by the AER for the purposes of performing and exercising those functions and powers.(5A) [Section 16C Subsection (5A) inserted by No. 73 of 2007, s. 7, Applied:01 Jan 2008] Despite section 16 , any other provision of this Act, any other Act and any other law, the Regulator may authorise the AER to disclose information provided under subsection (5) even if the information was given to the Regulator in confidence.(5B) [Section 16C Subsection (5B) inserted by No. 73 of 2007, s. 7, Applied:01 Jan 2008] Nothing done, or authorised to be done, by the Regulator when acting under subsection (5) or (5A) –(a) constitutes a breach of, or default under, this Act, another Act or another law; or(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or(d) constitutes a civil or criminal wrong; or(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or(f) releases a person wholly or in part from an obligation.(6) [Section 16C Subsection (6) amended by No. 78 of 2005, s. 11, Applied:15 Dec 2005] Except as otherwise specified in a notice referred to in section 16B , the provisions of this Act, the regulations and the Code apply to the AER in the performance and exercise by it of functions and powers conferred on it by this section as if it were the Regulator.
16D. Termination of conferral agreement
[Section 16D of Part 2 Inserted by No. 16 of 2003, s. 9, Applied:09 May 2003] On the termination of an agreement referred to in section 16A –(a) [Section 16D Amended by No. 78 of 2005, s. 12, Applied:15 Dec 2005] all notices under section 16B in respect of the conferral on the AER of a function or power of the Regulator are revoked; and(b) [Section 16D Amended by No. 78 of 2005, s. 12, Applied:15 Dec 2005] the conferral of that function or power on the AER ceases to have effect; and(c) [Section 16D Amended by No. 78 of 2005, s. 12, Applied:15 Dec 2005] the AER is no longer entitled to perform or exercise that function or power.
PART 3 - The Electricity Supply Industry
Division 1 - Licensing of electricity entities
Subdivision 1 - Issue of licences
(1) A person must not carry on operations in the electricity supply industry for which a licence is required unless the person holds a licence under this Act authorising the relevant operations.Penalty: For a body corporate a fine not exceeding 1 000 penalty units and for a natural person a fine not exceeding 500 penalty units.(2) The operations in the electricity supply industry for which a licence is required are –(a) generation of electricity; or(b) transmission of electricity; or(c) distribution of electricity; or(d) [Section 17 Subsection (2) amended by No. 9 of 2012, s. 11, Applied:01 Jul 2012] the retailing of electricity in the Bass Strait Islands; or(e) other operations for which a licence is required by the regulations.(3) The regulations may provide that licences are not required in such circumstances as are specified in the regulations.
(1) An application for a licence –(a) must be made to the Regulator in a form approved by the Regulator and contain the information specified in the form; and(b) must identify the applicant's officers and, if applicable, its major shareholders; and(c) must –(i) [Section 18 Subsection (1) amended by No. 78 of 2005, s. 21, Applied:01 Jan 2008] if authority for generation of electricity is sought, contain details of the generating plant or proposed generating plant, identify the transmission system or distribution network to which the generating plant is to be connected and describe how the connection is to be made; and(ii) [Section 18 Subsection (1) amended by No. 78 of 2005, s. 21, Applied:01 Jan 2008] if authority to operate a transmission system is sought, contain details of the transmission system or proposed transmission system and, if the transmission system is to be connected to another transmission system, details of the proposed connection; and(iii) if authority to operate a distribution network is sought, contain details of the distribution network or proposed distribution network (including details of the area to be served by the distribution network); and(iv) [Section 18 Subsection (1) amended by No. 9 of 2012, s. 12, Applied:01 Jul 2012] if authority for retailing electricity in the Bass Strait Islands is sought, contain details of the business or proposed business; and(v) if authority is sought to carry out other operations in the electricity supply industry for which a licence is required under the regulations, contain details of the proposed operations and the other information required under the regulations; and(d) must be accompanied by the application fees required under the regulations.(2) The applicant must give the Regulator further relevant information requested by the Regulator.
19. Consideration of application
(1) The Regulator must consider an application for the issue of a licence and may issue, or refuse to issue, the licence.(2) The Regulator may only issue a licence if satisfied that –(a) the applicant is a suitable person to hold the licence; and(b) [Section 19 Subsection (2) amended by No. 21 of 1998, s. 10, Applied:19 Jun 1998] . . . . . . . .(c) [Section 19 Subsection (2) amended by No. 78 of 2005, s. 22, Applied:01 Jan 2008] in the case of a licence authorising the generation of electricity, the generating plant (or proposed generating plant) will generate electricity of the appropriate quality for the relevant transmission system or distribution network; and(d) [Section 19 Subsection (2) amended by No. 78 of 2005, s. 22, Applied:01 Jan 2008] in the case of a licence authorising the operation of a transmission system, the transmission system has (or the proposed transmission system will have) the necessary capacity for transmitting electricity safely; and(e) in the case of a licence authorising the operation of a distribution network, the distribution network has (or the proposed distribution network will have) the necessary capacity for distributing electricity safely; and(f) [Section 19 Subsection (2) amended by No. 16 of 2003, s. 35, Applied:29 May 2005] . . . . . . . .(fa) [Section 19 Subsection (2) amended by No. 21 of 1998, s. 10, Applied:19 Jun 1998] [Section 19 Subsection (2) amended by No. 9 of 2012, s. 13, Applied:01 Jul 2012] . . . . . . . .(g) in the case of a licence authorising other operations in the electricity supply industry for which a licence is required under the regulations, the applicant meets any special requirements imposed by the regulations for the holding of the licence; and(h) in the case of a licence of any class, the grant of the licence would be consistent with criteria (if any) prescribed by regulation for a licence of the relevant class.(2A) [Section 19 Subsection (2A) inserted by No. 21 of 1998, s. 10, Applied:19 Jun 1998] [Section 19 Subsection (2A) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] [Section 19 Subsection (2A) omitted by No. 9 of 2012, s. 13, Applied:01 Jul 2012] . . . . . . . .(3) In deciding whether an applicant is a suitable person to hold a licence, the Regulator may consider –(a) the applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and(b) the financial, technical and human resources available to the applicant; and(c) the officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and(d) other matters prescribed by regulation.
Subdivision 2 - Terms and conditions of licence
20. Authority conferred by licence
(1) A licence authorises the electricity entity that holds the licence to carry on operations in the electricity supply industry for which a licence is required in accordance with the terms and conditions of the licence.(2) The operations authorised by a licence need not be all of the same character but may consist of a combination of different operations for which a licence is required.
(1) A licence is granted for a term (not exceeding 10 years) stated in the licence.(2) The term of a licence is, subject to the conditions of the licence, renewable.(3) An application for renewal of a licence must be made, in writing, to the Regulator at least 3 months, but not more than 6 months, before the end of the licence term (but the Regulator may grant an exemption from this requirement in an appropriate case).(4) The Regulator must not unreasonably refuse an application for renewal of a licence.
(1) [Section 22 Subsection (1) amended by No. 20 of 1998, Sched. 1, Applied:19 Jun 1998] [Section 22 Subsection (1) substituted by No. 21 of 1998, s. 11, Applied:19 Jun 1998] A licence is subject to the following conditions:(a) [Section 22 Subsection (1) amended by No. 16 of 2003, s. 10, Applied:09 May 2003] conditions determined by the Regulator on the issue or amendment of the licence;(b) a condition that the electricity entity must comply with standards, codes and requirements stated in the licence or prescribed by regulation;(c) [Section 22 Subsection (1) amended by No. 16 of 2003, s. 10, Applied:09 May 2003] [Section 22 Subsection (1) amended by No. 9 of 2012, s. 15, Applied:01 Jul 2012] a condition that the electricity entity must comply with this Act and any regulation that applies to the electricity entity;(d) a condition that the electricity entity must comply with the provisions of the Code, other than any provisions specifically exempted from the operation of this paragraph in the licence;(e) [Section 22 Subsection (1) amended by No. 16 of 2003, s. 27, Applied:29 May 2005] a condition that the electricity entity must comply with directions or requirements given or made by the Regulator under this Act, the regulations or the Code;(f) a condition that the electricity entity must comply with –(i) [Section 22 Subsection (1) amended by No. 9 of 2012, s. 15, Applied:01 Jul 2012] any award made under the Energy Ombudsman Act 1998 ; and(ii) [Section 22 Subsection (1) amended by No. 9 of 2012, s. 15, Applied:01 Jul 2012] any decision of any court in respect of a matter that could have been the subject of a complaint under the Energy Ombudsman Act 1998 or resulted from proceedings commenced on the recommendation of the Ombudsman under that Act; and(iii) [Section 22 Subsection (1) amended by No. 9 of 2012, s. 15, Applied:01 Jul 2012] any decision of any tribunal, board or other person in respect of a matter that could have been the subject of a complaint under the Energy Ombudsman Act 1998 or resulted from the referral of that matter to the tribunal, board or other person by the Ombudsman under that Act;(g) a condition that the electricity entity must pay periodic and other fees and charges fixed by or in accordance with the licence;(h) in respect of a licence authorising the transmission, distribution or retailing of electricity, a condition that the electricity entity cannot use any prescribed expression or logo or any expression or logo of a prescribed class –(i) as part of the trading name of the entity; or(ii) in any way to promote the entity or its products;(i) [Section 22 Subsection (1) amended by No. 16 of 2003, s. 36, Applied:29 May 2005] a condition that the electricity entity become a member of any relevant prescribed body;(j) [Section 22 Subsection (1) amended by No. 16 of 2003, s. 36, Applied:29 May 2005] in respect of a licence authorising the generation of electricity, a condition that the electricity entity publish information relating to the electricity entity's energy production capability of the kind prescribed in the regulations.(2) [Section 22 Subsection (2) amended by No. 16 of 2003, s. 10, Applied:09 May 2003] [Section 22 Subsection (2) amended by No. 21 of 1998, s. 11, Applied:19 Jun 1998] [Section 22 Subsection (2) amended by No. 16 of 2003, s. 10, Applied:09 May 2003] [Section 22 Subsection (2) amended by No. 16 of 2003, s. 27, Applied:29 May 2005] [Section 22 Subsection (2) amended by No. 16 of 2003, s. 36, Applied:29 May 2005] [Section 22 Subsection (2) substituted by No. 9 of 2012, s. 15, Applied:01 Jul 2012] Without limiting subsection (1) , the conditions of a licence that the Regulator may determine may include conditions of a prescribed kind.(3) [Section 22 Subsection (3) inserted by No. 16 of 2003, s. 10, Applied:09 May 2003] The Regulator must not determine as a condition of a licence authorising the generation of electricity issued to the Hydro-Electric Corporation a condition that relates to a matter referred to in section 36(1) .
23. Matters to be included in licence
A licence must –(a) state the name of the electricity entity that holds the licence; and(b) state the operations in the electricity supply industry that are authorised by the licence (including, where relevant, the geographic location of the operations); and(c) state the term of the licence; and(d) contain the conditions determined by the Regulator.
Subdivision 3 - Special licence obligations[Section 24 Repealed by No. 16 of 2003, s. 28, Applied:29 May 2005] . . . . . . . .
24A. Licence condition relating to system security capability
[Section 24A Inserted by No. 16 of 2003, s. 37, Applied:29 May 2005][Section 25 Subsection (1) substituted by No. 16 of 2003, s. 38, Applied:03 Aug 2005] [Section 25 Subsection (2) amended by No. 16 of 2003, Applied:03 Aug 2005] [Section 25 Subsection (2) amended by No. 16 of 2003, s. 38, Applied:03 Aug 2005] [Section 25 Subsection (2) amended by No. 78 of 2005, s. 24, Applied:01 Jan 2008] [Section 25 Subsection (3) substituted by No. 16 of 2003, s. 38, Applied:03 Aug 2005] [Section 25 Repealed by No. 9 of 2012, s. 16, Applied:01 Jul 2012] . . . . . . . .(1) In this section,Transend means Transend Networks Pty Ltd (ABN 57 082 586 892).(2) [Section 24A Subsection (2) amended by No. 78 of 2005, s. 23, Applied:01 Jan 2008] If a licence authorises Transend to operate a transmission system, it is a condition of the licence that Transend must ensure that it has the capability to maintain the security of the power system in mainland Tasmania.
(1) [Section 26 Subsection (1) omitted by No. 16 of 2003, s. 29, Applied:29 May 2005] . . . . . . . .(2) [Section 26 Subsection (2) amended by No. 16 of 2003, s. 29, Applied:29 May 2005] An electricity entity is not obliged to supply electricity to a customer if–(a) the supply would overload the power system or prejudice in some other way the supply of electricity to other customers; or(b) the supply would result in contravention of the conditions of the electricity entity's licence; or(c) the supply would result in risk of fire or some other risk to life or property; or(d) the supply is or needs to be interrupted–(i) in an emergency; or(ii) in circumstances beyond the electricity entity's control; or(iii) for carrying out work on electricity infrastructure; or(iv) to comply with a direction to the electricity entity under this Act; or(e) the electricity entity is exempted from the obligation by regulation.
Subdivision 4 - Miscellaneous
27. Notice of licence decisions and limitations on review and appeal
(1) The Regulator must give an applicant for the grant or renewal of a licence written notice of the Regulator's decision on the application.(2) The Regulator must give the holder of a licence written notice of any decision by the Regulator affecting the terms or conditions of the licence.(3) A decision by the Regulator on an application for the grant or renewal of a licence is reviewable under this Act on application by the applicant but is not reviewable on the application of any other person.(4) A decision by the Regulator affecting the terms or conditions of a licence is reviewable under this Act on application by the electricity entity that holds the licence but is not reviewable on the application of any other person.
(1) The Regulator may amend the terms or conditions of an electricity entity's licence.(2) An amendment may only be made –(a) with the electricity entity's agreement; or(b) after giving the electricity entity reasonable notice of the proposed amendment and allowing the entity a reasonable opportunity to make representations about the proposed amendment.
(1) A licence may be transferred with the Regulator's agreement.(2) The Regulator may impose conditions on the transfer of a licence, or amend the terms and conditions of the licence on its transfer.
(1) An electricity entity may, by written notice given to the Regulator, surrender its licence.(2) The notice must be given to the Regulator at least 6 months before the surrender is to take effect or, if the licence requires a longer period of notice, as required by the licence.(3) The Regulator may, by agreement with the electricity entity, shorten the required period of notice.
(1) The Regulator must keep a register of the licences issued to electricity entities under this Act.(2) The Register must include –(a) the terms and conditions of each licence; and(b) other information required under the regulations.(3) A person may, on payment of a fee fixed by the Regulator, inspect the Register.
Division 2 - . . . . . . . .[Division 2 of Part 3 Repealed by No. 16 of 2003, s. 30, Applied:29 May 2005] [Section 32 Repealed by No. 16 of 2003, s. 30, Applied:29 May 2005] . . . . . . . . [Section 33 Repealed by No. 16 of 2003, s. 30, Applied:29 May 2005] . . . . . . . . [Section 34 Repealed by No. 16 of 2003, s. 30, Applied:29 May 2005] . . . . . . . . [Section 34A Inserted by No. 16 of 2003, s. 11, Applied:09 May 2003] [Section 34A Repealed by No. 16 of 2003, s. 30, Applied:29 May 2005] . . . . . . . . [Section 35 Subsection (2) amended by No. 21 of 1998, s. 12, Applied:19 Jun 1998] [Section 35 Subsection (3) inserted by No. 16 of 2003, s. 12, Applied:09 May 2003] [Section 35 Repealed by No. 16 of 2003, s. 30, Applied:29 May 2005] . . . . . . . .
Division 3 - Special provisions relating to Hydro-Electric Corporation[Division 3 of Part 3 Substituted by No. 16 of 2003, s. 13, Applied:20 Jul 2005]
36. Ministerial notice relating to Basslink
[Section 36 Substituted by No. 16 of 2003, s. 13, Applied:20 Jul 2005](1) After consulting with the Hydro-Electric Corporation, the Minister may establish, by written notice provided to the Hydro-Electric Corporation, principles to be followed by the Hydro-Electric Corporation in relation to –(a) [Section 36 Subsection (1) amended by No. 78 of 2005, s. 13, Applied:15 Dec 2005] the exercise by it of any rights it has under any agreement specified in that notice –network dispatch offers under the National Electricity Rules in relation to Basslink; and(i) to make, revise or amend; or(ii) to request the making, revising or amending of; or(iii) to control, approve or direct the content of –(b) the making available by the Hydro-Electric Corporation of any moneys that –(i) are payable to the Hydro-Electric Corporation under any agreement specified in that notice; and(ii) [Section 36 Subsection (1) amended by No. 78 of 2005, s. 13, Applied:15 Dec 2005] are calculated by reference to, or relate to, moneys received or receivable under the National Electricity Rules in respect of the transfer of electricity from Victoria to Tasmania by means of Basslink.(2) A notice under subsection (1) may provide for any other matter related to, or necessary or convenient to be included in respect of, a matter referred to in that subsection including, but not limited to –(a) the day by which, in each year during which the notice is in force, the Hydro-Electric Corporation must prepare and provide a draft compliance plan under section 37 ; and(b) the functions of the Regulator in respect of the compliance by the Hydro-Electric Corporation with the principles established in the notice and a compliance plan under section 37 ; and(c) terms of reference and objectives for the Regulator in performing his or her functions; and(d) matters and information required to be included in a compliance plan under section 37 ; and(e) disclosure of information by the Hydro-Electric Corporation; and(f) the manner in which moneys referred to in subsection (1)(b) are to be made available; and(g) any process to be followed by the Hydro-Electric Corporation in giving effect to the principles established in the notice.(3) The Minister, by written notice provided to the Hydro-Electric Corporation, may amend or revoke a notice under subsection (1) or this subsection.(4) The Minister is to provide a copy of a notice under subsection (1) or (3) to the Regulator.(5) A notice under subsection (1) or (3) –(a) takes effect on the day on which it is provided to the Hydro-Electric Corporation or on a later day specified in it; and(b) is not a statutory rule for the purposes of the Rules Publication Act 1953 .
[Section 37 Substituted by No. 16 of 2003, s. 13, Applied:20 Jul 2005][Section 37A Inserted by No. 16 of 2003, s. 13, Applied:20 Jul 2005] [Section 37A Repealed by No. 34 of 2010, s. 4, Applied:03 Dec 2010] . . . . . . . .(1) In each year during which a notice under section 36(1) is in force, the Hydro-Electric Corporation must prepare and provide a draft compliance plan to the Minister on or before the day specified in the notice.(2) The draft compliance plan is to –(a) specify details as to the manner in which, and when, the Hydro-Electric Corporation proposes to comply with the principles established in the notice under section 36(1) ; and(b) contain any matters and information required by that notice to be included in the compliance plan.(3) On receipt of a draft compliance plan, the Minister may do any one or more of the following:(a) require the Hydro-Electric Corporation to provide further information;(b) require the Hydro-Electric Corporation to provide to the Minister within the time specified by the Minister an amended draft compliance plan;(c) amend the draft compliance plan or the amended draft compliance plan;(d) approve the draft compliance plan or an amended draft compliance plan as the compliance plan.(4) If the Hydro-Electric Corporation fails to provide a draft compliance plan to the Minister by the day it is required to do so, the Minister may determine a compliance plan for the Hydro-Electric Corporation.(5) The compliance plan –(a) takes effect when the Hydro-Electric Corporation receives –(i) notice of its approval under subsection (3)(d) ; or(ii) notice of its determination under subsection (4) and a copy of the compliance plan; and(b) has effect until a further compliance plan so approved or determined by the Minister takes effect.(6) The Hydro-Electric Corporation must –(a) comply with the compliance plan; and(b) publish the compliance plan on its website.(7) Each year the Hydro-Electric Corporation must –(a) have its compliance with the compliance plan audited by a person approved by the Regulator; and(b) provide a copy of the report of that person on the audit to the Regulator.
Division 4 - Retailing of electricity to certain customers[Division 4 of Part 3 Substituted by No. 9 of 2012, s. 17, Applied:01 Jul 2012]
38. Only Aurora Retail may retail electricity to non-contestable customers on mainland Tasmania
[Section 38 Subsection (1) substituted by No. 21 of 1998, s. 13, Applied:19 Jun 1998] [Section 38 Substituted by No. 9 of 2012, s. 17, Applied:01 Jul 2012](1) A person other than Aurora Retail must not sell, or offer to sell, electricity to a non-contestable customer at premises situated on mainland Tasmania.(2) Subsection (1) does not apply, in relation to a non-contestablecustomer who is a move-in customer, within the meaning of the National Energy Retail Law (Tasmania), until 3 months after the non-contestable customer becomes such a customer.(3) Subsection (1) does not apply in relation to –(a) a person to whom section 23 of the National Energy Retail Law (Tasmania) Act 2012 applies; or(b) a sale of electricity to which section 23 of the National Energy Retail Law (Tasmania) Act 2012 applies or an offer to sell such electricity; or(c) a person who is an exempt seller, within the meaning of the National Energy Retail Law (Tasmania), if the sale of electricity to which that subsection would otherwise apply is permitted, or not prohibited, by the terms of the exemption of the person.(4) A retailer authorisation under the National Energy Retail Law (Tasmania) is of no effect under that Law to the extent that it authorises, or purports to authorise, an authorised retailer to sell electricity to a customer in contravention of this section.
39. HEC not to sell electricity to certain customers on, or be authorised retailer for, mainland Tasmania
[Section 39 Subsection (1) amended by No. 21 of 1998, s. 14, Applied:19 Jun 1998] [Section 39 Substituted by No. 9 of 2012, s. 17, Applied:01 Jul 2012][Section 39A Inserted by No. 21 of 1998, s. 15, Applied:19 Jun 1998] [Section 39A Repealed by No. 9 of 2012, s. 17, Applied:01 Jul 2012] . . . . . . . .(1) In this section –related body corporate, in relation to the Hydro-Electric Corporation, means a person that, if the Hydro-Electric Corporation were a corporation within the meaning of the Corporations Act, would be a related body corporate of that corporation;subsidiary, in relation to the Hydro-Electric Corporation, means a person that, if the Hydro-Electric Corporation were a corporation within the meaning of the Corporations Act, would be a subsidiary of that corporation.(2) The Hydro-Electric Corporation, a subsidiary of the Hydro-Electric Corporation and a related body corporate of the Hydro-Electric Corporation must not sell, or offer to sell, electricity to a customer at premises situated on mainland Tasmania, other than electricity that is generated by an electricity generating plant that is prescribed for the purposes of this section to be an historic electricity generating plant.Penalty: Fine not exceeding 1 000 penalty units.(3) A retailer authorisation is of no effect to the extent that it authorises, or purports to authorise, the Hydro-Electric Corporation, a subsidiary of the Hydro-Electric Corporation, or a related body corporate of the Hydro-Electric Corporation, to sell electricity to a customer at premises situated on mainland Tasmania, other than electricity generated by an electricity generating plant that is prescribed for the purposes of this section to be an historic electricity generating plant.
[Section 40 Substituted by No. 9 of 2012, s. 17, Applied:01 Jul 2012](1) Aurora Retail must fix the tariffs and charges that are to constitute its standing offer prices in respect of small customers.(2) Except under a market retail contract, Aurora Retail must not –unless the price or charge is a tariff or charge fixed under subsection (1) or a tariff or charge as amended under subsection (4) .(a) sell, or offer to sell, electricity to a small customer at a price; or(b) require payment of a charge –Penalty: Fine not exceeding 1 000 penalty units.(3) A tariff or charge fixed under subsection (1) , and a tariff or charge as amended under subsection (4) , may specify different prices or charges for different classes of small customers but may not specify different tariffs or charges, in respect of different areas of Tasmania, for the same class of small customers.(4) Aurora Retail may –(a) amend a tariff or charge fixed under subsection (1) or a tariff or charge as amended under this subsection; or(b) rescind a tariff or charge fixed under subsection (1) , or a tariff or charge as amended under this subsection, and fix a new tariff or charge under subsection (1) .(5) A tariff or charge fixed under subsection (1) and an amendment of such a tariff or charge under subsection (4) –(a) must be consistent with this Act, the regulations and the Code; and(b) must comply with any form specified in the regulations.(6) In fixing or amending a tariff or charge, Aurora Retail must comply with the requirements, if any, for the fixing or amending of tariffs or charges, set out in the regulations.(7) A tariff or charge, or an amendment or rescission of a tariff or charge, takes effect on the day specified in the tariff or charge or amendment or rescission of the tariff or charge.
41. Approval of tariffs and charges for small customers
[Section 41 Substituted by No. 9 of 2012, s. 17, Applied:01 Jul 2012](1) A tariff or charge may not be fixed under section 40(1) , and an amendment of a tariff or charge may not be made under section 40(4) , unless –(a) a draft of the tariff or charge, or a draft amendment of the tariff or charge, has been approved by the Regulator under subsection (3) ; and(b) the tariff or charge fixed, or the draft amendment made, is in the same terms as the draft of the tariff or charge, or the draft amendment of the tariff or charge, approved by the Regulator under subsection (3) .(2) Aurora Retail may submit to the Regulator a draft tariff or charge or a draft amendment of a tariff or charge.(3) If a draft tariff or charge, or a draft amendment of a tariff or charge, is submitted to the Regulator under subsection (2) , the Regulator must –(a) approve, without modification, the draft tariff or charge or the draft amendment of the tariff or charge; or(b) approve, with modification, the draft tariff or charge or the draft amendment of the tariff or charge; or(c) refuse to approve the draft tariff or charge or the draft amendment of the tariff or charge.
42. Tariffs, charges and conditions for Bass Strait Islands customers
[Section 42 Subsection (1) amended by No. 21 of 1998, s. 16, Applied:19 Jun 1998] [Section 42 Substituted by No. 9 of 2012, s. 17, Applied:01 Jul 2012](1) A Bass Strait Islands tariff retailer must fix the tariffs, charges and conditions that are to constitute its prices, charges and conditions in respect of customers at premises on the Bass Strait Islands.(2) A Bass Strait Islands tariff retailer must not –unless the price, charge or condition is a tariff, charge or condition fixed under subsection (1) or a tariff, charge or condition as amended under subsection (4) .(a) sell, or offer to sell, electricity to a customer at premises on the Bass Strait Islands, at a price; or(b) require payment of a charge by a customer at premises on the Bass Strait Islands; or(c) impose a condition on the sale of electricity to a customer at premises in the Bass Strait Islands –Penalty: Fine not exceeding 1 000 penalty units.(3) A tariff, charge or condition fixed under subsection (1) , and a tariff or charge as amended under subsection (4) , may specify different prices, charges or conditions for different classes of customers at premises on the Bass Strait Islands but may not specify different tariffs, charges or conditions, in respect of different areas of the Bass Strait Islands, for the same class of customers.(4) A Bass Strait Islands tariff retailer may –(a) amend a tariff, charge or condition fixed under subsection (1) or a tariff or charge as amended under this subsection; or(b) rescind a tariff, charge or condition fixed under subsection (1) , or a tariff, charge or condition as amended under this subsection, and fix a new tariff, charge or condition under subsection (1) .(5) A tariff, charge or condition fixed under subsection (1) and any amendment of a tariff, charge or condition under subsection (4) –(a) must be consistent with this Act, the regulations and the Code; and(b) must comply with any form specified in the regulations.(6) In fixing or amending a tariff, charge or condition, a Bass Strait Islands tariff retailer must comply with the requirements, if any, for the fixing or amending of tariffs, charges or conditions, set out in the regulations.(7) A tariff, charge or condition, or an amendment of a tariff, charge or condition, takes effect on the day specified in the tariff, charge or condition or amendment of the tariff, charge or condition.(8) A Bass Strait Islands tariff retailer must, before a tariff, charge or condition, or an amendment of a tariff, charge or condition, in respect of premises on the Bass Strait Islands takes effect –(a) ensure the tariff, charge or condition, or the amendment of a tariff, charge or condition, is published in a newspaper circulating generally in the supply area; and(b) take other reasonable steps to bring changes in tariffs, charges and conditions to the attention of customers affected by the changes; and(c) comply with any further requirements, relating to the publication of tariffs, charges or conditions, specified in the Code.(9) A Bass Strait Islands tariff retailer must, at the request of a customer at premises on the Bass Strait Islands, provide to the customer a copy of the entity's current tariff, charges or conditions in relation to such premises.
43. Approval of tariffs, charges and conditions for Bass Strait Islands customers
[Section 43 Substituted by No. 9 of 2012, s. 17, Applied:01 Jul 2012](1) A tariff, charge or condition may not be fixed under section 42(1) , and an amendment of a tariff, charge or condition may not be made under section 42(4) , unless –(a) a draft of the tariff, charge or condition, or a draft of the amendment of the tariff, charge or condition, has been approved by the Regulator under subsection (3) ; and(b) the tariff, charge or condition fixed, or the draft amendment made, is in the same terms as the draft of the tariff, charge or condition, or the draft amendment of the tariff, charge or condition, approved by the Regulator under subsection (3) .(2) A Bass Strait Islands tariff retailer may submit to the Regulator a draft tariff, charge or condition or a draft amendment of a tariff, charge or condition.(3) If a draft tariff, charge or condition, or a draft amendment of a tariff, charge or condition, is submitted to the Regulator under subsection (2) , the Regulator must –(a) approve, without modification, the draft tariff, charge or condition or the draft amendment of the tariff, charge or condition; or(b) approve, with modification, the draft tariff, charge or condition or the draft amendment of the tariff, charge or condition; or(c) refuse to approve the draft tariff, charge or condition or the draft amendment of the tariff, charge or condition.
43A. Regulator may charge for certain expenses
[Section 43A Inserted by No. 9 of 2012, s. 17, Applied:01 Jul 2012](1) The Regulator may send a notice to Aurora Retail specifying –(a) the amount of the reasonable expenses incurred by the Regulator in –(i) determining under section 41 whether to approve a tariff or charge or an amendment of a tariff or charge; and(ii) ensuring compliance by Aurora Retail with section 40 ; and(iii) performing the Regulator's functions, and exercising its powers, under the Act in respect of the regulation of the provision of services and the sale of electricity to non-contestable customers by Aurora Retail; and(b) the date on or before which the expenses are to be paid by Aurora Retail.(2) A date specified in a notice to Aurora Retail under subsection (1) is not to be earlier than 30 days after the notice is sent to Aurora Retail.(3) Aurora Retail is liable to pay to the Regulator, on the date specified, in a notice under subsection (1) sent to Aurora Retail, as the date by which the amount is to be paid, the amount of the reasonable expenses specified in the notice.(4) The Regulator may recover from Aurora Retail, in a court of competent jurisdiction, as a debt due and owing, an amount that Aurora Retail is liable to pay under subregulation (3) .
43B. Only local area retailer may sell unmetered electricity
[Section 43B Inserted by No. 9 of 2012, s. 17, Applied:01 Jul 2012](1) An authorised retailer, other than a local area retailer, within the meaning of the National Energy Retail Law (Tasmania), must not, for the prescribed period, sell electricity to persons or a class of persons –(a) whose consumption of that electricity is not metered; and(b) who is a member of a class of persons that is prescribed.(2) Regulations may prescribe a class of persons for the purposes of this section by reference to –(a) the purpose for which the electricity is used; or(b) the quantity of electricity used; or(c) the period of use; or(d) the place of supply; or(e) any other factor specified in the regulations.
Division 5 - Restrictions on re-supply
(1) An electricity entity may enter into a contract for the supply of electricity to a customer to which this section applies –(a) on conditions prohibiting or restricting the re-supply of the electricity; or(b) on conditions providing for price discrimination according to whether the electricity is, or is not, to be re-supplied.(2) This section applies to a customer who has contractual rights (which may be aggregate rights arising under 2 or more separate contracts) to draw electricity from a power system at a rate of 50 megawatts or above.(3) [Section 44 Subsection (3) amended by No. 9 of 2012, s. 18, Applied:01 Jul 2012] [Section 44 Subsection (3) amended by No. 16 of 2003, s. 14, Applied:09 May 2003] For the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, a contractual condition under subsection (1) , and anything done to enforce compliance with the condition, are authorised by this Act.(4) [Section 44 Subsection (4) inserted by No. 16 of 2003, s. 14, Applied:09 May 2003] This section does not apply to a contract of a kind referred to in subsection (1) entered into by an electricity entity on or after 1 July 2001.
Division 6 - Disputes
(1) If a dispute arises between electricity entities or between an electricity entity and another person about the exercise of powers under this Act, any party to the dispute may ask the Regulator to mediate in the dispute.(2) The Regulator has a discretion whether to mediate or to decline to mediate in a dispute and may impose conditions that must be satisfied if the mediation is to proceed.(3) If the Regulator proceeds with the mediation –(a) the Regulator may give directions to the parties to assist in the resolution of the matters in issue; and(b) the Regulator must attempt to get the parties to agree to a negotiated settlement of the dispute.(4) If a dispute is resolved, the parties and the Regulator must sign an agreement setting out the terms of the settlement and the agreement is binding on the parties to the dispute.(5) This section is not intended to provide an exclusive method of dispute resolution.
Division 7 - Effect of non-compliance with Act[Division 7 of Part 3 Heading amended by No. 16 of 2003, s. 15, Applied:09 May 2003] [Section 46 Repealed by No. 16 of 2003, s. 16, Applied:09 May 2003] . . . . . . . .
(1) If an electricity entity contravenes this Act, and the contravention is, in the Regulator's opinion, serious enough to justify cancellation of the electricity entity's licence, the Regulator may give the electricity entity a written notice –(a) stating that the Regulator is considering cancelling the electricity entity's licence; and(b) stating the grounds on which the Regulator considers the cancellation of the licence to be justified; and(c) inviting the electricity entity to make written representations showing why the licence should not be cancelled.(2) After considering –the Regulator may, by written notice given to the electricity entity, cancel the licence.(a) representations made by the electricity entity in response to the invitation; and(b) any action taken, or undertaking given, by the electricity entity to remedy the contravention or to prevent recurrence of the contravention; and(c) the effect the cancellation of the licence would have on the electricity entity's customers –(3) The Regulator may, instead of cancelling a licence, amend the licence by adding to, or varying, the conditions of the licence.
Division 8 - Regulator's powers to take control of operations
48. Power to take over operations
(1) If –the Governor may make an order under this section.(a) an electricity entity contravenes this Act, or an electricity entity's licence is cancelled or expires without renewal; and(b) it is necessary, in the Regulator's opinion, to take over the entity's operations (or some of them) to ensure that the entity's customers receive an adequate supply of electricity –(2) Before an order is made under this section, the Regulator must give the electricity entity a reasonable opportunity to make written representations giving reasons why the order should not be made.(3) An order under this section –(a) authorises the Regulator to take over the electricity entity's operations or a specified part of the electricity entity's operations; and(b) may contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with).(4) A direction under subsection (3) (b) operates to the exclusion of rights that are inconsistent with it.
(1) When an order is made under this Part, the Regulator must appoint a suitable person (who may, but need not, be an electricity entity) to take over the relevant operations on agreed terms and conditions.(2) A person appointed to take over an electricity entity's operations is referred to in this section as the "operator".(3) The electricity entity must facilitate the takeover of the relevant operations by the operator.(4) The operator may have access to the electricity infrastructure and other property of the electricity entity for the purposes of carrying on the relevant operations.(5) A person must not obstruct the operator's access to property or the exercise by the operator of the operator's responsibilities under this Part.Penalty: Fine not exceeding 1 000 penalty units and a daily fine not exceeding 10 penalty units.(6) A person must comply with reasonable directions given by the operator in the exercise of the operator's responsibilities under this Part.Penalty: Fine not exceeding 1 000 penalty units and a daily fine not exceeding 10 penalty units.
Division 8A - . . . . . . . .[Division 8A of Part 3 Repealed by No. 9 of 2012, s. 19, Applied:01 Jul 2012] [Section 49AA of Part 3 Inserted by No. 16 of 2003, s. 40, Applied:03 Aug 2005] [Section 49AA Subsection (2) amended by No. 78 of 2005, s. 14, Applied:15 Dec 2005] [Section 49AA Repealed by No. 9 of 2012, s. 19, Applied:01 Jul 2012] . . . . . . . .
Division 9 - Tasmanian Electricity Code
49A. Tasmanian Electricity Code
[Section 49A of Part 3 Inserted by No. 21 of 1998, s. 17, Applied:19 Jun 1998](1) The Regulator must issue the Tasmanian Electricity Code.(2) The Code may provide for any matter relating or incidental to the regulation of the electricity supply industry.(3) Without limiting subsection (2) , the Code may make provision with respect to the following matters:(a) the regulation of electricity markets;(b) dispute resolution;(c) electricity system operation and electricity system security;(d) metering;(e) connection to the distribution and transmission systems;(f) [Section 49A Subsection (3) amended by No. 9 of 2012, s. 20, Applied:01 Jul 2012] supply of electricity to customers;(fa) [Section 49A Subsection (3) amended by No. 9 of 2012, s. 20, Applied:01 Jul 2012] sale of electricity to customers on the Bass Strait Islands;(g) safety and environmental codes of practice;(h) generation, transmission, distribution and retail pricing principles;(i) access to electricity infrastructure;(j) whether any direction, decision or determination under this Act, the regulations or the Code is not a reviewable decision;(k) the establishment of tribunals and committees for the purposes of the Code;(l) principles on which the Regulator is to base any direction, decision or determination under this Act, the regulations or the Code;(m) principles for the separation of accounts and functions within electricity entities;(n) [Section 49A Subsection (3) amended by No. 9 of 2012, s. 20, Applied:01 Jul 2012] the enforcement of the regulation of pricing;(o) amendment, revocation and substitution of the Code;(p) administration of the Code;(q) enforcement of the Code;(r) any other prescribed matter.(4) The Code must be consistent with this Act, the regulations and the public interest.(5) If there is an inconsistency between the Code and this Act or the regulations, the Code is invalid to the extent of the inconsistency.(6) The Code may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the Code.(7) The Code may authorise any matter to be from time to time determined, applied or regulated by –(a) the Regulator; or(b) [Section 49A Subsection (7) amended by No. 9 of 2012, s. 20, Applied:01 Jul 2012] a tribunal or committee established under the Code or this Act.(c) [Section 49A Subsection (7) amended by No. 9 of 2012, s. 20, Applied:01 Jul 2012] . . . . . . . .(8) [Section 49A Subsection (8) amended by No. 78 of 2005, s. 15, Applied:15 Dec 2005] The Code may adopt either wholly or partly and with or without modification, and either specifically or by reference, the National Electricity Rules or the National Electricity Law.
49B. Review, amendment and replacement of Code
[Section 49B of Part 3 Inserted by No. 21 of 1998, s. 17, Applied:19 Jun 1998](1) The Regulator may review the Code –(a) at his or her discretion; or(b) on the request of any person.(2) The Regulator must review the Code when required to so do by the Minister.(3) The Regulator may amend or rescind and substitute the Code as specified in, and in accordance with, the Code.(4) [Section 49B Subsection (4) inserted by No. 16 of 2003, s. 17, Applied:09 May 2003] By notice provided to the Regulator, the Minister may amend, or rescind and substitute, the Code as he or she considers necessary or convenient for any one or more of the following purposes:(a) facilitating participation of electricity entities in the National Electricity Market;(b) [Section 49B Subsection (4) amended by No. 78 of 2005, s. 16, Applied:15 Dec 2005] facilitating the application of the National Electricity Law and the National Electricity Rules in Tasmania;(c) [Section 49B Subsection (4) amended by No. 78 of 2005, s. 16, Applied:15 Dec 2005] the performance and exercise by the AER of functions and powers conferred on it by section 16C ;(d) [Section 49B Subsection (4) amended by No. 78 of 2005, s. 16, Applied:15 Dec 2005] [Section 49B Subsection (4) amended by No. 73 of 2007, s. 8, Applied:01 Jan 2008] ensuring that, after the NEM entry time, the Code is consistent with the National Electricity Law and the National Electricity Rules;(e) [Section 49B Subsection (4) amended by No. 73 of 2007, s. 8, Applied:01 Jan 2008] making provision in respect of any arrangements, guidelines or requirements necessary in relation to distribution services, performance standards and distribution performance targets, including but not limited to payments to customers, that are connected with the provision of guaranteed service levels;(f) [Section 49B Subsection (4) amended by No. 73 of 2007, s. 8, Applied:01 Jan 2008] giving effect to the implementation of national energy market reforms in accordance with the Australian Energy Market Agreement.(5) [Section 49B Subsection (5) inserted by No. 16 of 2003, s. 17, Applied:09 May 2003] In amending or rescinding and substituting the Code under subsection (4) , the Minister may consult with those persons the Minister considers appropriate and is not bound by any procedures relating to the amendment or rescission and substitution of the Code specified in the Code.(6) [Section 49B Subsection (6) inserted by No. 16 of 2003, s. 17, Applied:09 May 2003] After amending or rescinding and substituting the Code under subsection (4) , the Minister is to publish in the Gazette notice of the making of that amendment or rescission and substitution.
[Section 49C of Part 3 Inserted by No. 21 of 1998, s. 17, Applied:19 Jun 1998](1) The Regulator must provide a person with a copy of the Code or part of the Code if the person –(a) requests it; and(b) pays to the Regulator any reasonable fee determined by the Regulator.(2) The Regulator, free of charge, must allow a person to peruse the Code at the office of the Regulator at any time within the hours during which that office is normally open.
49D. Scrutiny of Code by Parliamentary Standing Committee on Subordinate Legislation
[Section 49D of Part 3 Inserted by No. 21 of 1998, s. 17, Applied:19 Jun 1998](1) Within 14 days after issuing the Code or an amendment to the Code, the Regulator must provide a copy of the Code or amendment to the Parliamentary Standing Committee on Subordinate Legislation.(2) The Parliamentary Standing Committee on Subordinate Legislation may recommend to the Regulator, in writing, that the Code be amended.
49E. Application of Code to persons other than electricity entities
[Section 49E of Part 3 Inserted by No. 21 of 1998, s. 17, Applied:19 Jun 1998](1) The Code may provide for the registration as participants of persons, other than electricity entities, that intend to participate in the electricity supply industry.(2) A person registered as a participant must comply with the relevant provisions of the Code and any direction, decision or determination of the Regulator under the Code.(3) The Regulator may cancel the registration of a participant if the Regulator finds that the participant has failed to comply with the relevant provisions of the Code or any direction, decision or determination of the Regulator under the Code.(4) The Code may specify conditions that must be complied with –(a) before a person can be registered as a participant; or(b) before the registration of a participant can be cancelled.
Division 10 - Miscellaneous
49F. Application of Commonwealth Competition and Consumer Act 2010 and the Competition Code
[Section 49F of Part 3 Inserted by No. 21 of 1998, s. 17, Applied:19 Jun 1998](1) [Section 49F Subsection (1) omitted by No. 16 of 2003, s. 18, Applied:09 May 2003] . . . . . . . .(2) [Section 49F Subsection (2) amended by No. 9 of 2012, s. 21, Applied:01 Jul 2012] For the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, this Act authorises an electricity entity –(a) to supply and purchase goods and services in accordance with its licence, this Act, the regulations and the Code; and(b) [Section 49F Subsection (2) amended by No. 9 of 2012, s. 21, Applied:01 Jul 2012] . . . . . . . .(c) to comply with obligations imposed by this Act, the regulations and the Code; and(d) [Section 49F Subsection (2) amended by No. 9 of 2012, s. 21, Applied:01 Jul 2012] to exercise rights and powers given by this Act, the regulations or the Code.
49G. Ownership of electricity infrastructure
[Section 49G Inserted by No. 64 of 2000, s. 16, Applied:14 Nov 2000](1) In this section,prescribed electricity infrastructure means that part of the electricity infrastructure in respect of an electricity entity that is situated on, above or under land that is not owned by the electricity entity.(2) Subject to any agreement to the contrary, the ownership of prescribed electricity infrastructure is not, and is taken never to have been, affected by the attachment, affixation or annexation of the infrastructure to the land.
49H. Indemnity for members of committees
[Section 49H Inserted by No. 66 of 2001, s. 4, Applied:30 Oct 2001](1) In this section,Panel means the Code Change Panel or the Reliability and Network Planning Panel established under the Code.(2) A member of a Panel does not incur any personal liability in respect of any act done or omitted to be done by the member in good faith in the performance or exercise, or purported performance or exercise, of any function or power as such a member.(3) Subsection (2) does not preclude the Crown from incurring liability that a member of a Panel would, but for that subsection, incur.(4) Where there is an inconsistency between this section and a provision of any other Act, this section prevails.(5) The application of this section extends to any act done or omitted to be done by a member of a Panel since the establishment of the Panel.
PART 4 - Land Acquisition and use for Electricity Infrastructure
Division 1 - Surveys and assessments
50. Entry on land to conduct surveys or assess its suitability for electricity infrastructure
(1) An electricity entity may, by agreement with the occupier of land or on the Regulator's authorisation, enter and remain on land –(a) to conduct surveys (including hydrometric or water power surveys); or(b) to assess the suitability of the land for the construction or installation of electricity infrastructure.(2) The Regulator may authorise an electricity entity to enter and remain on land under this section on conditions the Regulator considers appropriate.(3) If an electricity entity enters land under the Regulator's authorisation, the electricity entity –(a) must give reasonable notice of the proposed entry of land under this section to the occupier; and(b) must minimise the impact of work carried out by the electricity entity on activities of others on the land; and(c) must comply with the conditions of the Regulator's authorisation.
Division 2 - Land acquisition
(1) An electricity entity is an acquiring authority under the Land Acquisition Act 1993 .(2) An electricity entity may acquire land under the Land Acquisition Act 1993 for the purposes of the operations that the electricity entity is authorised to carry on under its licence.(3) Without limiting subsection (2) , an electricity entity –(a) is a public authority for the purposes of the Conveyancing and Law of Property Act 1884 ; and(b) [Section 51 Subsection (3) amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] may acquire an easement in gross within the meaning of section 90A of that Act; and(c) may enter into, or acquire the benefit of, a covenant in gross within the meaning of section 90AB of that Act .(4) An electricity entity may only acquire land by compulsory process under the Land Acquisition Act 1993 if the acquisition is authorised in writing by the Minister.(5) Regulations may be made modifying the Land Acquisition Act 1993 in its application to the acquisition of land under this section, but the regulations cannot affect the monetary entitlements of persons from whom land is acquired.
Division 3 - Work on public land
52. Power to carry out work on public land
(1) An electricity entity may, by agreement with the authority responsible for the management of public land –(a) install electricity infrastructure on the land; or(b) operate, maintain, repair, modify, add to or replace electricity infrastructure on the land; or(c) carry out other work on the land for the generation, transmission, distribution or supply of electricity.(2) Without limiting subsection (1) , the electricity entity may –(a) erect powerlines; and(b) clear vegetation to prevent contact with powerlines; and(c) build conduits for underground cables.(3) An agreement under this section may contain conditions the authority responsible for management of the land considers appropriate in the public interest.(4) The responsible authority must not unreasonably refuse to agree to work proposed by an electricity entity under this section nor may it impose unreasonable conditions.(5) The responsible authority's agreement to proposed work under this section is presumed if the work is of a kind classified by the regulations as being of minor environmental impact.
53. Disputes about work on public land
(1) If there is a dispute between an electricity entity and the authority responsible for managing public land about whether work should be permitted under this Division on the land or about the conditions on which work should be permitted on the land, either party to the dispute may refer the dispute to the Regulator.(2) If a dispute is referred to the Regulator, the Regulator –(a) must allow the parties to the dispute the opportunity to make representations to the Regulator on the questions at issue in the dispute; and(b) must make reasonable attempts to get the parties to agree to settlement of the dispute on agreed terms.
54. Power to stop or divert traffic
An electricity entity may temporarily stop or divert traffic for the purpose of carrying out work under this Division.
Division 4 - Emergency work
(1) In an emergency, an electricity entity may, on the Minister's authority, enter land and carry out work that is necessary for the protection of electricity infrastructure or the protection of public safety.(2) Without limiting subsection (1) , the electricity entity may –(a) clear vegetation or flammable materials; or(b) control or divert water; or(c) erect protective structures.(3) If it is practicable to give notice of entry to the occupier of the land, notice must be given, but otherwise notice to the occupier is not required.(4) An electricity entity is liable to pay reasonable compensation for damage caused by the exercise of powers under this section.
Division 5 - Interaction with planning laws
56. Acquisition and use of land for electrical infrastructure
(1) Where –a subdivision of land necessary to give effect to the acquisition is not to be regarded as development for the purposes of the Land Use Planning and Approvals Act 1993 and is not subject in any other way to that Act.(a) an electricity entity acquires land under this Act for the purposes of electricity infrastructure; and(b) the dimensions of the land are within limits fixed by the regulations; and(c) the proposed use of the land complies with requirements imposed by the regulations for the purposes of this section –(2) If the use of the land complies with requirements imposed by the regulations, the use is not affected by the Land Use Planning and Approvals Act 1993 .
57. Work on electricity infrastructure
Where –the work is not to be regarded as development for the purposes of the Land Use Planning and Approvals Act 1993 and is not subject in any other way to that Act.(a) an electricity entity proposes to carry out work on the construction, installation, modification, maintenance, demolition or replacement of electricity infrastructure; and(b) the work is of a kind classified by the regulations as work of minor environmental impact –
PART 5 - Electricity Officers
Division 1 - Appointment of electricity officers
58. Appointment of electricity officers
(1) An electricity entity may appoint an eligible person to be an electricity officer for the entity.(2) A person is eligible for appointment as an electricity officer if the person –(a) [Section 58 Subsection (2) amended by No. 59 of 2009, s. 49, Applied:01 Jun 2010] has the qualifications and experience required for appointment by the workplace health and safety Secretary; or(b) [Section 58 Subsection (2) amended by No. 59 of 2009, s. 49, Applied:01 Jun 2010] has successfully completed a course of training approved by that Secretary.(3) An electricity officer may exercise powers only –(a) in relation to the electricity entity's infrastructure and the supply of electricity by the electricity entity; and(b) subject to the conditions of appointment and any directions given to the electricity officer by or on behalf of the electricity entity.
(1) An electricity officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position.(2) An electricity officer holds office on the conditions stated in the instrument of appointment.(3) An electricity officer may resign by written notice given to the electricity entity.(4) An electricity officer may be removed from office by the electricity entity.
60. Electricity officer's identity card
(1) An electricity entity must give each electricity officer for the entity an identity card.(2) [Section 60 Subsection (2) amended by No. 59 of 2009, s. 50, Applied:01 Jun 2010] The identity card must be in a form approved by the workplace health and safety Secretary and–(a) must contain a recent photograph of the electricity officer; and(b) must be signed by the electricity officer; and(c) must identify the electricity officer as an electricity officer for the relevant electricity entity.(3) A person must, within 21 days after ceasing to be an electricity officer, return the identity card to the electricity entity.Penalty: Fine not exceeding 10 penalty units.
61. Production of identity card
An electricity officer must, before exercising a power in relation to another person, produce the officer's identity card for inspection by the other person.
Division 2 - General powers of electricity officers
62. Entry to inspect, operate or repair electrical infrastructure
(1) An electricity officer for an electricity entity may, at any reasonable time, enter a place where the entity's electricity infrastructure is situated to inspect, operate, maintain, repair, make alterations to or replace the infrastructure.(2) An electricity officer for an electricity entity may, at any reasonable time, enter a place to which electricity is, or is to be, supplied by the entity –(a) to inspect electrical installations in the place to ensure that it is safe to connect or reconnect electricity supply; or(b) to take action to prevent or minimise an electrical hazard; or(c) to protect property of the electricity entity in the place; or(d) to investigate suspected theft, loss, interference with or damage to the electricity entity's property or suspected theft of electricity.(3) A power of entry under this section may be exercised, in an emergency, at any time.(4) When an electricity officer enters a place under this section, the electricity officer –(a) may be accompanied by such assistants as the electricity officer considers necessary or appropriate; and(b) may take any vehicles or equipment the electricity officer considers necessary or appropriate for the functions the electricity officer is to carry out in the place.(5) If in the opinion of an electricity officer an electrical installation is unsafe, the electricity officer may disconnect electricity supply to the place in which the installation is situated until the installation is made safe to the satisfaction of the electricity officer.
An electricity officer for an electricity entity may, at any reasonable time, enter a place to which electricity is, or is to be, supplied by the entity to –(a) read, or check the accuracy of, a meter for recording consumption of electricity; or(b) examine the electrical installations in the place to determine load classification and the appropriate tariff for the sale of electricity; or(c) install, repair or replace meters, control apparatus and other electrical installations in the place.
64. Entry to disconnect supply
If the disconnection of electricity supply is authorised under this Act, an electricity officer may, at any reasonable time, enter a place to disconnect an electricity supply to the place.
65. Disconnection of supply if entry refused
(1) If an electricity officer seeks to enter a place under this Division and entry is refused or obstructed, the electricity entity may, by written notice to the occupier of the place, ask for consent to entry.(2) The notice must state the reason and the date and time of the proposed entry.(3) If entry is again refused or obstructed, the electricity entity may –(a) if it is possible to do so, disconnect the electricity supply to the place without entering the place; or(b) if not, obtain a warrant to enter the place for the purpose of disconnecting the electricity supply, enter the place under the warrant and disconnect the electricity supply.(4) The electricity entity must restore the electricity supply if –(a) the occupier –(i) consents to the proposed entry; and(ii) pays the appropriate reconnection fee; and(b) it is safe to restore the electricity supply.
(1) An electricity officer may use force to enter a place under this Division if –(a) the entry is authorised under a warrant; or(b) the entry is necessary in an emergency.(2) [Section 66 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] When entering a place by force under the authorisation of a warrant, an electricity officer must be accompanied by a police officer.
PART 6 - Emergency Restriction of Electricity Use
67. Emergency restriction orders
(1) The Minister may make an emergency restriction order restricting the use of electricity.(2) An emergency restriction order may only be made if the Minister is satisfied that –(a) an electricity entity –(i) is presently unable to meet the demands for electricity from its customers because of failure of, or damage to, its electricity infrastructure or for any other reason; or(ii) may not be able to sustain hydro-electric electricity generation at the level of current demand because of depletion of water supplies; and(b) the electricity may not reasonably be obtained from an alternative source; and(c) the order is necessary to restrict electricity use to the level of available or sustainable supply.(3) Before making an emergency restriction order because of the depletion of water supplies available for hydro-electric electricity generation, the Minister must consider the advice of an advisory committee established to monitor and advise the Minister on the adequacy of the available water supplies.(4) An emergency restriction order –(a) must be made in writing; and(b) must state the grounds on which the order is made; and(c) must state the restrictions on the use of electricity imposed by the order; and(d) must be published in a way that ensures, in the Minister's opinion, that the order will come to the attention of the persons affected by it.(5) Without limiting subsection (4) (c) , the order may –(a) restrict the classes of customers to whom electricity may be supplied; or(b) prescribe the maximum demand that may be placed on a power system by an electrical installation; or(c) restrict the purposes for which electricity may be used; or(d) restrict the nature of electrical equipment that may be used by customers; or(e) authorise an authorised officer to disconnect the electricity supply to installations of a specified class or to take other specified action to enforce a restriction imposed by the order.(6) If an emergency restriction order is made because of the depletion of water supplies available for hydro-electric electricity generation the order must be laid before both Houses of Parliament and is subject to disallowance in the same way as a regulation.
68. Order to prevail over inconsistent contractual obligations
An emergency restriction order prevails over contractual obligations that are inconsistent with the order.
(1) If, in the Minister's opinion, the need for an emergency restriction order no longer exists, the Minister must make an order revoking the emergency restriction order.(2) An order revoking an emergency restriction order must be published in a way that ensures, in the Minister's opinion, that the order will come to the attention of the persons affected by it.(3) If an emergency restriction order is not revoked within the prescribed period after the order is made, the order expires.(4) In subsection (3) , prescribed period means –(a) if the order is made because of depletion of water supplies available for hydro-electric electricity generation, 6 months; or(b) in any other case, one month.(5) The expiry of an emergency restriction order does not prevent the Minister from making a further emergency restriction order to the same or similar effect.
No right to compensation from the Crown or an electricity entity arises because of a restriction imposed by an emergency restriction order.
A person must not –(a) contravene an emergency restriction order; or(b) obstruct an authorised officer acting under the authority of an emergency restriction order.Penalty: For a body corporate a fine not exceeding 1 000 penalty units and for a natural person a fine not exceeding 500 penalty units.
PART 7 - . . . . . . . .[Part 7 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998]
Division 1 - . . . . . . . .[Division 1 of Part 7 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] [Section 72 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . . [Section 73 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . . [Section 74 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .
Division 2 - . . . . . . . .[Division 2 of Part 7 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] [Section 75 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .
Division 3 - . . . . . . . .[Division 3 of Part 7 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] [Section 76 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .
Division 4 - . . . . . . . .[Division 4 of Part 7 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] [Section 77 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . . [Section 78 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . . [Section 79 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . . [Section 80 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . . [Section 81 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . . [Section 82 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . . [Section 83 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .
PART 8 - Enforcement
Division 1 - Authorised officers
84. Appointment of authorised officers
(1) [Section 84 Subsection (1) amended by No. 59 of 2009, s. 51, Applied:01 Jun 2010] The workplace health and safety Secretary may appoint suitable persons as authorised officers.(2) [Section 84 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] An authorised officer may, but need not, be a State Service officer or State Service employee.(3) [Section 84 Subsection (3) amended by No. 59 of 2009, s. 51, Applied:01 Jun 2010] In the exercise of his or her powers, the authorised officer is subject to control and direction by the workplace health and safety Secretary.
(1) An authorised officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position.(2) An authorised officer holds office on the conditions stated in the instrument of appointment.(3) [Section 85 Subsection (3) amended by No. 59 of 2009, s. 52, Applied:01 Jun 2010] An authorised officer may resign by written notice given to the workplace health and safety Secretary.(4) [Section 85 Subsection (4) amended by No. 59 of 2009, s. 52, Applied:01 Jun 2010] An authorised officer may be removed from office by the workplace health and safety Secretary.
86. Authorised officer's identity card
(1) [Section 86 Subsection (1) amended by No. 59 of 2009, s. 53, Applied:01 Jun 2010] The workplace health and safety Secretary must give each authorised officer an identity card.(2) The identity card –(a) must contain a recent photograph of the authorised officer; and(b) must be signed by the authorised officer.(3) [Section 86 Subsection (3) amended by No. 59 of 2009, s. 53, Applied:01 Jun 2010] A person must, within 21 days after ceasing to be an authorised officer, return the identity card to the workplace health and safety Secretary.Penalty: Fine not exceeding 10 penalty units.
87. Production of identity card
An authorised officer must, before exercising a power in relation to another person, produce the officer's identity card for inspection by the other person.
Division 2 - Power of entry
(1) An authorised officer may, for the purpose of carrying out functions assigned to the authorised officer under this Act, enter any place.(2) When an authorised officer enters a place under this section, the authorised officer –(a) may be accompanied by such assistants as the authorised officer considers necessary or appropriate; and(b) may take any vehicles or equipment the authorised officer considers necessary or appropriate for the functions the authorised officer is to carry out in the place.(3) An authorised officer may use force to enter a place under this Division if –(a) the entry is authorised under a warrant; or(b) the entry is necessary in an emergency.(4) [Section 88 Subsection (4) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] When entering a place by force, an authorised officer may be accompanied by a police officer.
Division 3 - General investigative powers
89. General investigative powers of authorised officers
(1) An authorised officer who enters a place under this Part may exercise any one or more of the following powers:(a) [Section 89 Subsection (1) amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .(b) [Section 89 Subsection (1) amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .(c) investigate a suspected interference with electrical infrastructure or an electrical installation;(d) investigate a suspected theft or diversion of electricity;(e) [Section 89 Subsection (1) amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .(f) [Section 89 Subsection (1) amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .(g) take photographs or make films or other records of activities in the place and electrical installations in the place;(h) take possession of any object that may be evidence of an offence against this Act.(2) If an authorised officer takes possession of an object that may be evidence of an offence under subsection (1) (d) –(a) the authorised officer must give the occupier of the place a receipt for the object; and(b) the object must be returned to its owner –(i) if proceedings for an offence are not commenced within 6 months after the authorised officer takes possession of the object, at the end of that period; or(ii) [Section 89 Subsection (2) amended by No. 59 of 2009, s. 54, Applied:01 Jun 2010] if any such proceedings are commenced within that period, on completion of the proceedings, unless the court, on application by the workplace health and safety Secretary, orders confiscation of the object.(3) A court may order the confiscation of an object of which an authorised officer has taken possession under subsection (1) (d) if it is of the opinion that the object has been used for the purpose of committing an offence or there is some other proper reason for ordering its confiscation.(4) [Section 89 Subsection (4) amended by No. 59 of 2009, s. 54, Applied:01 Jun 2010] If the court orders the confiscation of an object under subsection (3) , the workplace health and safety Secretary may dispose of the object.
Division 4 - Power to disconnect electricity supply
90. Disconnection of electricity supply
(1) If an authorised officer finds that electricity is being supplied or consumed contrary to this Act or an order under this Act, the authorised officer may disconnect the electricity supply.(2) If an authorised officer disconnects an electricity supply under this section, the officer must give written notice to the occupier of the relevant place informing the occupier –(a) that the electricity supply has been disconnected under this section; and(b) that it is unlawful to reconnect the electricity supply until arrangements have been made to the satisfaction of the authorised officer to ensure against future contravention of this Act or the order.(3) If an electricity supply has been disconnected under this section, a person must not reconnect the electricity supply, or have it reconnected, without the authorised officer's approval.Penalty: Fine not exceeding 20 penalty units.
Division 5 - . . . . . . . .[Division 5 of Part 8 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] [Section 91 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .
Division 6 - . . . . . . . .[Division 6 of Part 8 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] [Section 92 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .
Division 7 - . . . . . . . .[Division 7 of Part 8 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] [Section 93 Repealed by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .
Division 8 - Power to require information
94. Power to require information
(1) An authorised officer may require a person to provide information in the person's possession relevant to the enforcement of this Act.(2) An authorised officer may require a person to produce documents in the person's possession that may be relevant to the enforcement of this Act for inspection by the authorised officer.(3) A person must not, without reasonable excuse, fail to comply with a requirement under this section.Penalty: For a body corporate a fine not exceeding 20 penalty units and for a natural person a fine not exceeding 10 penalty units.(4) A person is not required to give information or produce a document under this section if the answer to the question or the contents of the document would tend to incriminate the person of an offence.
PART 9 - Administrative Review and Appeal
Division 1 - Administrative review
95. Statement of reasons for decision
(1) [Section 95 Subsection (1) amended by No. 59 of 2009, s. 55, Applied:01 Jun 2010] A person whose interests are affected by a reviewable decision of the Regulator, workplace health and safety Secretary or an authorised officer may apply, in writing, to the Regulator, workplace health and safety Secretary or authorised officer for a statement of the reasons for the decision.(2) An application under this section must be made within 28 days after the date on which the applicant received notice of the decision.(3) [Section 95 Subsection (3) amended by No. 59 of 2009, s. 55, Applied:01 Jun 2010] The Regulator, workplace health and safety Secretary or authorised officer must comply with a request under this section as soon as practicable and, in any case, no later than 60 days after receiving the application.
96. Application for administrative review
[Section 96 Substituted by No. 59 of 2009, s. 56, Applied:01 Jun 2010](1) In this section –applicable authority means –(a) the Regulator in relation to a decision of the Regulator; or(b) the workplace health and safety Secretary in relation to a decision of the workplace health and safety Secretary or an authorised officer.(2) A person whose interests are affected by a reviewable decision of the Regulator, the workplace health and safety Secretary or an authorised officer may, subject to this Act, apply to the applicable authority for an administrative review of the decision.(3) An application for an administrative review must –(a) be in writing; and(b) set out in detail the grounds on which the applicant seeks review of the decision; and(c) be made within 28 days after the day on which notice of the decision was given to the applicant or, if reasons for the decision were not then given to the applicant and the applicant sought those reasons under this Part, within 28 days after reasons for the decision were given to the applicant.(4) The Regulator or workplace health and safety Secretary may extend the period for making an application for an administrative review.
(1) [Section 97 Subsection (1) amended by No. 59 of 2009, s. 57, Applied:01 Jun 2010] The Regulator or workplace health and safety Secretary may stay the operation of a decision that is subject to review or appeal under this Part.(2) [Section 97 Subsection (2) amended by No. 59 of 2009, s. 57, Applied:01 Jun 2010] A stay may not be granted if, in the opinion of the Regulator or workplace health and safety Secretary, its effect would be to create a risk to public safety or to allow a risk to public safety to continue.
98. Reference of application for mediation
(1) [Section 98 Subsection (1) amended by No. 59 of 2009, s. 58, Applied:01 Jun 2010] The Regulator or workplace health and safety Secretary may refer an application for administrative review to a mediator.(2) [Section 98 Subsection (2) amended by No. 59 of 2009, s. 58, Applied:01 Jun 2010] If a mediator achieves an agreed settlement of the matter to which the application relates, the Regulator or workplace health and safety Secretary must decide the application in accordance with the agreed settlement.
99. Powers of Regulator or workplace health and safety Secretary on review
(1) [Section 99 Subsection (1) amended by No. 59 of 2009, s. 59, Applied:01 Jun 2010] After considering an application for administrative review, and taking advice the Regulator considers appropriate, the Regulator or workplace health and safety Secretary may–(a) confirm the disputed decision; or(b) amend the disputed decision; or(c) substitute another decision for the disputed decision.(2) [Section 99 Subsection (2) amended by No. 59 of 2009, s. 59, Applied:01 Jun 2010] The Regulator or workplace health and safety Secretary must give the applicant written notice of the its, his or her decision and the reasons for that decision on the review.
100. Reference of application for review for mediation or advice
[Section 100 Amended by No. 59 of 2009, s. 60, Applied:01 Jun 2010] The Regulator or workplace health and safety Secretary may delegate the power to review decisions, or decisions of a particular class, to–(a) a review panel appointed under the regulations; or(b) an arbitrator.
Division 2 - Appeals
(1) A person who is dissatisfied with a decision on administrative review may, subject to this Act, appeal against the decision to the appropriate appellate authority.(2) The appropriate appellate authority is –(a) if a regulation is in force assigning appeals of the relevant class to a specified authority, the authority specified in the regulations; or(b) if there is no such regulation, the Minister.
An appeal is to be commenced, heard and determined in accordance with the regulations.
(1) An appellate authority to which an appeal is made or is intended may stay the operation of a decision that is subject to appeal under this Part.(2) [Section 103 Subsection (2) amended by No. 59 of 2009, s. 61, Applied:01 Jun 2010] A stay may not be granted if, in the opinion of the Regulator or the workplace health and safety Secretary, as appropriate having regard to who made the decision that is subject to appeal under this Part, its effect would be to create a risk to public safety or to allow a risk to public safety to continue.
104. Powers of appellate authority on appeal
(1) On an appeal, the appropriate appellate authority may –(a) confirm the decision under appeal; or(b) set aside the decision and substitute another decision; or(c) set aside the decision and return the issue to the primary decision maker with directions the appellate authority considers appropriate.(2) The appellate authority may make ancillary directions to deal with incidental matters.(3) No appeal lies from the decision of the appropriate appellate authority on an appeal.
PART 10 - Miscellaneous
Division 1 - Exempting power
(1) [Section 105 Subsection (1) amended by No. 59 of 2009, s. 62, Applied:01 Jun 2010] The Regulator or workplace health and safety Secretary may grant exemptions from this Act, or specified provisions of this Act, as authorised by the regulations.(2) [Section 105 Subsection (2) amended by No. 59 of 2009, s. 62, Applied:01 Jun 2010] An exemption under this section may be given on terms and conditions the Regulator or workplace health and safety Secretary considers appropriate.
106. Obligation to comply with conditions of exemption
A person in whose favour an exemption is given must comply with the conditions of the exemption.Penalty: For a body corporate a fine not exceeding 100 penalty units and for a natural person a fine not exceeding 50 penalty units.
Division 2 - Warrants
107. Application and issue of warrant
(1) An authorised officer or an electricity officer may apply to a justice for a warrant to enter a place specified in the application.(2) A justice may issue a warrant if satisfied that there are reasonable grounds for issuing the warrant.(3) A warrant is to authorise the authorised officer or electricity officer, with any assistance and by any force reasonably necessary –at any time, or within any period, specified in the warrant.(a) to enter the place specified in the warrant; and(b) to do anything authorised by this Act –(4) A warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.
(1) An authorised officer or an electricity officer may apply to a justice for a warrant by telephone, facsimile or other prescribed means if the officer considers the urgency of the situation requires it.(2) The justice may complete and sign a warrant in the terms referred to in section 107 (3) if satisfied that there are reasonable grounds for issuing the warrant urgently.(3) The justice is to –(a) tell the officer –(i) the terms of the warrant; and(ii) the date on which, and the time at which, the warrant was signed; and(iii) the date on which, and the time at which, the warrant ceases to have effect; and(b) record on the warrant the reasons for granting the warrant.(4) The officer is to –(a) complete a form of warrant in the same terms as the warrant signed by the justice; and(b) write on the form –(i) the name of the justice; and(ii) the date on which, and the time at which, the warrant was signed; and(c) send the justice the completed form of warrant not later than the day after the warrant is executed or ceases to have effect.(5) On receipt of the form of warrant, the justice is to attach it to the warrant the justice signed.(6) A form of warrant completed by an authorised officer or an electricity officer under subsection (4) has the same force as a warrant signed by the justice under subsection (2) .
Division 3 - Offences
109. Unlawful interference with electricity infrastructure or electrical installation
(1) A person must not, without proper authority –(a) [Section 109 Subsection (1) amended by No. 78 of 2005, s. 25, Applied:01 Jan 2008] attach an electrical installation or other thing to a transmission system or distribution network; or(b) [Section 109 Subsection (1) amended by No. 78 of 2005, s. 25, Applied:01 Jan 2008] connect, disconnect or interfere with a supply of electricity from a transmission system or distribution network; or(c) interfere with electrical infrastructure or an electrical installation in any other way.Penalty: For a body corporate a fine not exceeding 100 penalty units and for a natural person a fine not exceeding 50 penalty units.(2) A person must not, without proper authority –(a) be in an enclosure where electrical infrastructure is situated; or(b) climb on poles and other structures that are part of electrical infrastructure.Penalty: Fine not exceeding 50 penalty units.(3) A person must not discharge a firearm or throw or project an object towards electrical infrastructure or an electrical installation if there is significant risk of damage to the infrastructure or installation or interruption of electricity supply.Penalty: Fine not exceeding 50 penalty units.
110. Notice of work that may affect electrical infrastructure
(1) A person who proposes to do work near electrical infrastructure must give the appropriate electricity entity at least 7 days' notice of the proposed work if –(a) there is a risk of equipment or a structure coming into dangerous proximity to electrical conductors; or(b) the work may affect the support for any part of electricity infrastructure; or(c) the work may interfere with electricity infrastructure in some other way.Penalty: Fine not exceeding 50 penalty units.(2) If the work is required to deal with an emergency, and it is not practicable to give the notice required by subsection (1) , the notice must be given as soon as practicable.(3) A person who does work near electricity infrastructure must comply with –(a) requirements prescribed by regulation that are applicable to the work; and(b) reasonable requirements made by the electricity entity for the protection of the infrastructure or the safety of the persons carrying out the work.Penalty: Fine not exceeding 50 penalty units.
111. Unlawful diversion of electricity
(1) A person must not, without proper authority, take or divert electricity.Penalty: For a body corporate a fine not exceeding 1 000 penalty units and for a natural person a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 1 year, or both.(2) In proceedings for an offence against subsection (1) –establishes, in the absence of proof to the contrary, the unlawful taking or diversion of electricity by the defendant.(a) evidence of the finding of a device that would have enabled the unlawful taking or diversion of electricity by the defendant; or(b) evidence of tampering by the defendant or someone acting with the defendant's authority with a meter for recording consumption of electricity supplied to the defendant's premises –(3) A person must not run a line capable of carrying an electricity supply beyond the boundaries of property occupied by the person unless –(a) the person is an electricity entity; or(b) the electricity supply line is authorised under the regulations.Penalty: For a body corporate a fine not exceeding 100 penalty units and for a natural person a fine not exceeding 50 penalty units.
112. False or misleading information
(1) [Section 112 Subsection (1) amended by No. 59 of 2009, s. 63, Applied:01 Jun 2010] A person must not knowingly give false or misleading information to the Regulator, workplace health and safety Secretary or anyone else involved in the administration of this Act.Penalty: For a body corporate a fine not exceeding 500 penalty units and for a natural person a fine not exceeding 50 penalty units.(2) [Section 112 Subsection (2) amended by No. 59 of 2009, s. 63, Applied:01 Jun 2010] A person must not knowingly give documents containing false or misleading information to the Regulator, workplace health and safety Secretary or anyone else involved in the administration of this Act unless the person points out in what respects the documents are false or misleading.Penalty: For a body corporate a fine not exceeding 500 penalty units and for a natural person a fine not exceeding 50 penalty units.
113. Impersonation of officials, &c.
A person must not impersonate an authorised officer, an electricity officer or anyone else with powers under this Act.Penalty: Fine not exceeding 50 penalty units.
(1) A person must not, without reasonable excuse, obstruct an authorised officer, an electricity officer or anyone else engaged in the administration of this Act or the exercise of powers under this Act.Penalty: Fine not exceeding 50 penalty units.(2) A person must not use abusive or intimidatory language to, or engage in offensive or intimidatory behaviour towards, an authorised officer, an electricity officer or anyone else engaged in the administration of this Act or the exercise of powers under this Act.Penalty: Fine not exceeding 20 penalty units.
114A. Compliance with direction, order, determination and requirement
[Section 114A Inserted by No. 21 of 1998, s. 18, Applied:19 Jun 1998](1) [Section 114A Subsection (1) amended by No. 16 of 2003, s. 19, Applied:09 May 2003] An electricity entity must comply with any direction, order, determination or requirement given or made under this Act, the regulations or the Code.Penalty: Fine not exceeding 1 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 100 penalty units for each day during which the offence continues.(2) If a court finds an electricity entity guilty of an offence against subsection (1) , it may in addition to, or instead of, imposing a penalty under that subsection make one or more of the following orders:(a) [Section 114A Subsection (2) amended by No. 16 of 2003, s. 19, Applied:09 May 2003] an order requiring the electricity entity to comply with the direction, order, determination or requirement referred to in that subsection;(b) an order directing the electricity entity to do or refrain from doing anything;(c) such other order as the court considers appropriate.
114B. Compliance with licence conditions
[Section 114B Inserted by No. 21 of 1998, s. 18, Applied:19 Jun 1998](1) An electricity entity must comply with the conditions to which its licence under this Act is subject.Penalty: Fine not exceeding 1 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 100 penalty units for each day during which the offence continues.(2) If a court finds an electricity entity guilty of an offence against subsection (1) , it may in addition to, or instead of, imposing a penalty under that subsection make one or more of the following orders:(a) an order requiring the electricity entity to comply with the conditions to which its licence under this Act is subject;(b) an order directing the electricity entity to do or refrain from doing anything;(c) such other order as the court considers appropriate.
114C. Institution of proceedings for offence
[Section 114C Amended by No. 59 of 2009, s. 64, Applied:01 Jun 2010] [Section 114C Inserted by No. 16 of 2003, s. 20, Applied:09 May 2003] Proceedings in respect of an offence against section 114A or 114B may only be instituted by the Regulator, the workplace health and safety Secretary or a person authorised by the Regulator or the workplace health and safety Secretary.
[Section 114D Inserted by No. 16 of 2003, s. 20, Applied:09 May 2003](1) [Section 114D Subsection (1) amended by No. 59 of 2009, s. 65, Applied:01 Jun 2010] If the Regulator or workplace health and safety Secretary considers that an electricity entity is contravening, has contravened or is proposing to contravene this Act, the regulations or the Code, it, he or she may apply to a magistrate for an injunction.(2) If a magistrate is satisfied that an electricity entity is contravening, has contravened or is proposing to contravene this Act, the regulations or the Code, the magistrate may grant an injunction in terms the magistrate considers appropriate.(3) Without limiting subsection (2) , an injunction may require the electricity entity –(a) to refrain from engaging in any conduct specified in the injunction; and(b) to take the action specified in the injunction to remedy any consequences of the act of the electricity entity that contravened this Act, the regulations or the Code, including –(i) the refunding of any amount wrongfully paid; and(ii) the disclosure of information; and(iii) the publication of advertisements relating to the contravention or the actions to remedy the contravention.(4) An injunction may be granted –(a) [Section 114D Subsection (4) amended by No. 9 of 2012, s. 22, Applied:01 Jul 2012] in proceedings for an offence against this Act or the regulations; or(b) in proceedings brought for the purposes of obtaining the injunction.(5) An injunction may be granted –(a) in the case where an electricity entity has contravened this Act, the regulations or the Code, whether or not it appears to a magistrate that the electricity entity intends to continue or repeat that contravention; and(b) whether or not the electricity entity has previously contravened this Act, the regulations or the Code; and(c) whether or not there is an imminent danger of substantial damage to any person if the electricity entity contravenes this Act, the regulations or the Code.(6) An injunction may be granted in addition to any order that a magistrate may make under this Act.(7) An interim injunction may be granted under this section pending final determination of the application.(8) With the consent of the parties, a final injunction may be granted without proof that proper grounds for the injunction exist.(9) [Section 114D Subsection (9) amended by No. 59 of 2009, s. 65, Applied:01 Jun 2010] In proceedings for an injunction, the Regulator or workplace health and safety Secretary may not be required to enter into an undertaking as to damages.(10) An injunction may be rescinded or varied at any time.
Division 4 - Evidentiary provisions and provisions relating to proceedings in a court[Division 4 of Part 10 Heading amended by No. 21 of 1998, s. 19, Applied:19 Jun 1998]
(1) If a person is alleged in a complaint for an offence or in civil pleadings to have held a specified appointment under this Act at a specified time, the allegation is taken to have been proved in the absence of proof to the contrary.(2) [Section 115 Subsection (2) amended by No. 59 of 2009, s. 66, Applied:01 Jun 2010] A document that appears to have been signed by the Minister, the Regulator, the workplace health and safety Secretary, an authorised officer or an electricity officer is taken to have been duly executed by that person in the absence of proof to the contrary.
116. Certificates by Regulator or workplace health and safety Secretary
(1) [Section 116 Subsection (1) amended by No. 59 of 2009, s. 67, Applied:01 Jun 2010] A certificate given by the Regulator or the workplace health and safety Secretary to the effect that a specified person held or did not hold a specified licence, authority, permit or certificate under this Act on a specified date or over a specified period is evidence of the matter certified.(2) [Section 116 Subsection (2) amended by No. 59 of 2009, s. 67, Applied:01 Jun 2010] A certificate given by the Regulator or the workplace health and safety Secretary to the effect that a specified notice, order or direction was given to a specified person on a specified day is evidence of the matter certified.(3) [Section 116 Subsection (3) amended by No. 59 of 2009, s. 67, Applied:01 Jun 2010] A certificate given by the Regulator or the workplace health and safety Secretary to the effect that the costs of specified action taken under this Act is a specified amount is evidence of the matter certified.
116A. Regulator or workplace health and safety Secretary may take court action on behalf of customer
[Section 116A Amended by No. 59 of 2009, s. 68, Applied:01 Jun 2010] [Section 116A Inserted by No. 21 of 1998, s. 20, Applied:19 Jun 1998] Where a customer or a class of customer could take any action in a court to enforce a right under, or to enforce compliance with, this Act, the regulations or the Code, the Regulator or the workplace health and safety Secretary may in its his or her discretion take that action on behalf of the customer or class of customer.
Division 5 - Damage caused by officers in exercising statutory powers
(1) An electricity officer or authorised officer who damages property in a place entered in pursuance of powers under this Act must (unless the damage appears to be trivial) give notice containing particulars of the damage to the occupier of the place.Penalty: Fine not exceeding 10 penalty units.(2) If it is not practicable to give the notice to the occupier personally, the notice may be left in a conspicuous position near where the damage happened.
118. Liability for compensation
(1) [Section 118 Subsection (1) amended by No. 59 of 2009, s. 69, Applied:01 Jun 2010] If the damage is caused by an electricity officer, the electricity entity for which the officer is acting is liable to pay reasonable compensation for the damage and, if the damage is caused by an authorised officer, the Regulator or the workplace health and safety Secretary, as appropriate, is liable to pay reasonable compensation for the damage.(2) A claim for compensation under this section may be made in a court with jurisdiction to decide a claim in tort for the relevant amount.
Division 6 - Immunity from liability
[Section 119 Amended by No. 59 of 2009, s. 70, Applied:01 Jun 2010] The Regulator, workplace health and safety Secretary or another person acting, or purporting to act, in good faith in the administration of this Act incurs no civil liability except–(a) a liability for negligence; or(b) a liability for which express provision is made by or under this Act.
Division 6A - Charges[Division 6A of Part 10 Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007]
[Section 120 Substituted by No. 16 of 2003, s. 21, Applied:09 May 2003] [Section 120 Repealed by No. 16 of 2003, s. 31, Applied:29 May 2005] [Section 120 Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007] In 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
[Section 121 Repealed by No. 16 of 2003, s. 21, Applied:09 May 2003] [Section 121 Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007](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
[Section 121A Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007] 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
[Section 121B Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007](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
[Section 121C Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007](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
[Section 121D Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007](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
[Section 121E Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007](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
[Section 121F Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007] 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
[Section 121G Inserted by No. 11 of 2007, s. 4, Applied:21 Jun 2007] 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.
Division 7 - Regulations
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting subsection (1) , regulations may be made in respect of –(a) the generation, transmission, distribution and supply of electricity; and(b) the construction, installation and positioning of electricity infrastructure; and(c) technical, operational and safety requirements and standards and monitoring and enforcing compliance with the prescribed requirements and standards; and(d) [Section 122 Subsection (2) amended by No. 16 of 2003, s. 32, Applied:29 May 2005] . . . . . . . .(e) conditions of electricity sale or supply; and(f) [Section 122 Subsection (2) amended by No. 16 of 2003, s. 22, Applied:09 May 2003] . . . . . . . .(g) [Section 122 Subsection (2) amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .(h) [Section 122 Subsection (2) amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .(i) [Section 122 Subsection (2) amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .(j) [Section 122 Subsection (2) amended by No. 73 of 1997, Sched. 1, Applied:25 Feb 1998] . . . . . . . .(k) procedures for reviews and appeals; and(l) fees and charges; and(m) other subjects on which regulations are contemplated by this Act.(2A) [Section 122 Subsection (2A) inserted by No. 21 of 1998, s. 21, Applied:19 Jun 1998] Without limiting subsection (1) , the regulations may provide for –(a) [Section 122 Subsection (2A) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] investigations by the Regulator into the pricing policies of electricity entities or authorised retailers; and(b) [Section 122 Subsection (2A) amended by No. 16 of 2003, s. 22, Applied:09 May 2003] [Section 122 Subsection (2A) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] the making by the Regulator of determinations regulating the prices that may be charged by electricity entities or authorised retailers for the sale or supply of electricity and the provision of other services; and(c) [Section 122 Subsection (2A) amended by No. 16 of 2003, s. 22, Applied:09 May 2003] the functions and powers of the Regulator with relation to such investigations and the making of such determinations; and(d) [Section 122 Subsection (2A) amended by No. 16 of 2003, s. 22, Applied:09 May 2003] the appointment of assistants to the Regulator for the purposes of carrying out such investigations and determinations; and(e) [Section 122 Subsection (2A) amended by No. 16 of 2003, s. 22, Applied:09 May 2003] the power of the Regulator and such assistants to delegate any functions and powers specified in the regulations with relation to such investigations and determinations; and(f) [Section 122 Subsection (2A) amended by No. 16 of 2003, s. 22, Applied:09 May 2003] [Section 122 Subsection (2A) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] the liability of electricity entities and authorised retailers for the costs incurred in undertaking such investigations and making such determinations; and(g) any related matter.(2B) [Section 122 Subsection (2B) inserted by No. 21 of 1998, s. 21, Applied:19 Jun 1998] [Section 122 Subsection (2B) substituted by No. 16 of 2003, s. 22, Applied:09 May 2003] Without limiting the type of determinations that, under subsection (2A)(b) , the regulations may require or permit the Regulator to make or the matters to be included in the determinations, the regulations may require or allow the prices regulated by the determinations to be regulated by specifying, or by reference to, one or more of the following:(a) [Section 122 Subsection (2B) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] maximum prices that may be charged by electricity entities or authorised retailers for the sale or supply of electricity and the provision of other services;(b) [Section 122 Subsection (2B) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] maximum revenues in respect of the sale or supply of electricity and the provision of other services provided by electricity entities or authorised retailers;(c) [Section 122 Subsection (2B) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] pricing policies or principles to be applied by electricity entities or authorised retailers;(d) [Section 122 Subsection (2B) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] other price control mechanisms to be applied by electricity entities or authorised retailers;(e) any other prescribed matter.(2BAA) [Section 122 Subsection (2BAA) inserted by No. 9 of 2012, s. 23, Applied:01 Jul 2012] Without limiting subsection (1) , the regulations may provide for the imposition, on electrical entities that are distributors and that hold retail authorisations, of requirements to ring fence, for accounting purposes, certain activities of such entities.(2BA) [Section 122 Subsection (2BA) amended by No. 78 of 2005, s. 17, Applied:15 Dec 2005] [Section 122 Subsection (2BA) inserted by No. 16 of 2003, s. 22, Applied:09 May 2003] Without limiting subsection (1) , the regulations, for the purposes of the application of the National Electricity Rules in Tasmania, may –(a) [Section 122 Subsection (2BA) amended by No. 59 of 2009, s. 71, Applied:01 Jun 2010] confer functions and powers on the Regulator and workplace health and safety Secretary; and(b) [Section 122 Subsection (2BA) amended by No. 59 of 2009, s. 71, Applied:01 Jun 2010] vary the functions and powers of the Regulator and workplace health and safety Secretary under this Act, the regulations or the Code; and(c) [Section 122 Subsection (2BA) amended by No. 78 of 2005, s. 17, Applied:15 Dec 2005] provide for any matter which the National Electricity Rules contemplate will be provided for or dealt with by Tasmania as a participating jurisdiction within the meaning of the National Electricity Law.(2BB) [Section 122 Subsection (2BB) inserted by No. 16 of 2003, s. 22, Applied:09 May 2003] [Section 122 Subsection (2BB) substituted by No. 16 of 2003, s. 41, Applied:03 Aug 2005] [Section 122 Subsection (2BB) amended by No. 78 of 2005, s. 17, Applied:15 Dec 2005] [Section 122 Subsection (2BB) omitted by No. 9 of 2012, s. 23, Applied:01 Jul 2012] . . . . . . . .(2BC) [Section 122 Subsection (2BC) inserted by No. 16 of 2003, s. 41, Applied:03 Aug 2005] Without limiting subsection (1) , the regulations may –(a) establish, apply and enforce one or more contractual relationships between electricity entities or between an electricity entity and customers; and(b) provide for the terms and conditions of a contractual relationship referred to in paragraph (a) or the manner of determining those terms and conditions; and(c) require an electricity entity to develop and publish standard contract terms and conditions that relate to the supply of electricity or the provision of services; and(d) require an electricity entity to have those standard contract terms and conditions approved in the prescribed manner; and(e) require an electricity entity to offer to enter into contracts with the same terms and conditions as those standard contract terms and conditions in the circumstances specified in the regulations; and(f) prohibit an electricity entity from entering into a contract in relation to the supply of electricity or the provision of services if the contract –(i) does not include prescribed terms and conditions, terms and conditions of a prescribed type or terms and conditions determined by the Regulator; or(ii) is not on prescribed terms and conditions, terms and conditions of a prescribed type or terms and conditions determined by the Regulator; or(iii) includes prescribed terms and conditions, terms and conditions of a prescribed type or terms and conditions determined by the Regulator; and(g) provide that the terms and conditions of a contractual relationship established and applied by the regulations are to be approved in the prescribed manner; and(h) prescribe the functions and powers of the Regulator in relation to any matter referred to in this subsection; and(i) provide for any matter relating to a matter referred to in this subsection.(2BD) [Section 122 Subsection (2BD) inserted by No. 16 of 2003, s. 41, Applied:03 Aug 2005] Without limiting subsection (1) , the regulations may provide for –(aa) [Section 122 Subsection (2BD) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] the determination as to whether a customer is a contestable customer or a non-contestable customer; and(a) the effects of a customer becoming a contestable customer; and(b) [Section 122 Subsection (2BD) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] the placing on an electricity entity, an authorised retailer, the Regulator, or another person, of requirements in relation to a customer as a contestable customer or as a non-contestable customer; and(c) the power of the Regulator to delegate any functions and powers specified in the regulations with relation to a matter referred to in this subsection; and(d) any related matter.(2BE) [Section 122 Subsection (2BE) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] [Section 122 Subsection (2BE) inserted by No. 16 of 2003, s. 41, Applied:03 Aug 2005] If the regulations provide for the making by the Regulator of determinations referred to in subsection (2A)(b) –(a) those determinations are not statutory rules for the purposes of the Rules Publication Act 1953 ; and(b) the Treasurer may not declare such a determination to be subordinate legislation under section 3(2) of the Subordinate Legislation Act 1992 .(2C) [Section 122 Subsection (2C) inserted by No. 21 of 1998, s. 21, Applied:19 Jun 1998] Without limiting the generality of subsection (1) , the Governor may make regulations that contain provisions of a savings or transitional nature consequent on the commencement of any one or more of the following:(a) the Electricity Supply Industry Amendment Act 1998 ;(b) the Government Prices Oversight Amendment Act 1998 ;(ba) [Section 122 Subsection (2C) amended by No. 16 of 2003, s. 22, Applied:09 May 2003] the Electricity Supply Industry Amendment Act 2003 or a provision of that Act;(bc) [Section 122 Subsection (2C) amended by No. 59 of 2009, s. 71, Applied:01 Jun 2010] the Economic Regulator (Consequential Amendments) Act 2009 ;(bd) [Section 122 Subsection (2C) amended by No. 9 of 2012, s. 23, Applied:01 Jul 2012] any of the provisions of the National Energy Retail Law (Tasmania) (Consequential Amendments) Act 2012 ;(c) regulations providing for any matter specified in subsection (2A) .(2D) [Section 122 Subsection (2D) inserted by No. 21 of 1998, s. 21, Applied:19 Jun 1998] A regulation of a kind referred to in subsection (2C) may take effect on and from the day on which the Act or regulations to which that regulation relates commences or takes effect or on and from a later day.(3) A regulation may have a differential application that varies according to factors stated in the regulation.(4) The regulations may provide that contravention of a regulation is an offence and provide for the imposition of a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.(5) [Section 122 Subsection (5) amended by No. 59 of 2009, s. 71, Applied:01 Jun 2010] The regulations may authorise regulation of a matter by the Minister, the Regulator or the workplace health and safety Secretary.(6) The regulations may incorporate by reference, or operate by reference to, specified codes, standards and protocols.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Energy; and(b) the department responsible to the Minister for Energy in relation to the administration of this Act is the Office of Energy Planning and Conservation.
124. Transitional provisions on enactment of Economic Regulator (Consequential Amendments) Act 2009
[Section 124 Inserted by No. 59 of 2009, s. 72, Applied:01 Jun 2010](1) In this section –former Act means this Act as in force immediately before the transition day;transition day means the day on which the Economic Regulator Act 2009 commences.(2) If a person was appointed by the Regulator or its delegate as an authorised officer under the former Act and, immediately before the transition day, holds that office –(a) that person is taken to have been appointed as an authorised officer by the workplace health and safety Secretary for the same term and on the same conditions; and(b) an identity card issued to the authorised officer is taken to have been issued by the workplace health and safety Secretary; and(c) a reference in an identity card to the Regulator is taken to be to the workplace health and safety Secretary.