Electricity Supply Industry Concession Order 2013

Electricity Supply Industry Concession Order 2013

I make the following order under section 43D of the Electricity Supply Industry Act 1995 .

S. BACON

Minister for Finance

1.   Short title

This order may be cited as the Electricity Supply Industry Concession Order 2013 .

2.   Commencement

This order takes effect on 1 January 2014.

3.   Interpretation

(1)  In this order –

Act means the Electricity Supply Industry Act 1995 ;

approved home-based life support machine means –

(a) an oxygen concentrator; and

(b) a peritoneal dialysis machine; and

(c) a haemo-dialysis machine; and

(d) a chronic positive pressure and airways regulator; and

(e) a respirator (iron lung); and

(f) a combination oxygen concentrator and chronic positive pressure and airways regulator; and

(g) [Clause 3 Subclause (1) amended by S.R. 2013, No. 103, Applied:01 Jan 2014] a phototherapy machine; and

(h) [Clause 3 Subclause (1) amended by S.R. 2013, No. 103, Applied:01 Jan 2014] a left ventricular assist device;

Aurora means Aurora Energy Pty Ltd (ABN 85 082 464 622);

Aurora agreement means the agreement, titled "Community Services Activity Agreement", made between the Crown in right of Tasmania and Aurora, as the agreement is in force immediately before the commencement date;

authorised person means the Secretary or a person authorised in writing by the Secretary;

authorised retailer has the same meaning as in the Act;

commencement date means the day on which this order takes effect;

concession means a concession that an authorised retailer is required to provide in accordance with this order;

corresponding concession means –

(a) for the purposes of clause 4(4)(a) , the discount, provided by Aurora before the commencement date, for approved home-based life support machines; and

(b) for the purposes of clause 5(4)(a) , the discount, provided by Aurora before the commencement date, for medical cooling; and

(c) for the purposes of clause 6(4)(a)  –

(i) the discount, provided by Aurora in accordance with the Aurora agreement, for holders of health care cards or pensioner concession cards; or

(ii) the discount, provided by Aurora, for persons who hold a specified bridging visa;

electricity account, in relation to residential premises, means an invoice that –

(a) is issued by an authorised retailer for the supply of electricity to the residential premises; and

(b) relates principally to the purchase of electricity for personal, household or domestic use;

health care card means a health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth;

pensioner concession card means a pensioner concession card issued under section 1061ZF of the Social Security Act 1991 of the Commonwealth or a pensioner concession card issued by the Commonwealth Department of Veterans’ Affairs;

prepayment meter system has the same meaning as in the National Energy Retail Law (Tasmania) Act 2012 ;

prepayment meter system account, in relation to residential premises, means a contract or arrangement under which electricity, that is metered and paid for in accordance with a prepayment meter system, is supplied at the premises;

residence determination means a residence determination made under section 197AB of the Migration Act 1958 of the Commonwealth;

residential premises means residential premises situated in any part of Tasmania other than any off-shore island of Tasmania (except for Bruny Island);

Secretary means the Secretary, or an Acting Secretary, of the Department of Treasury and Finance;

specified bridging visa means a Bridging E (Class WE) (Subclass 050 or 051) visa granted under the Migration Act 1958 of the Commonwealth.

(2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if this order were regulations made under the Electricity Supply Industry Act 1995 .

4.   Life support concession

(1)  There is, for the purposes of Subdivision 3 of Division 4 of Part 3 of the Act, a class of eligible persons to be referred to as the class of life support concession holders.

(2)  A person is, on a day, a member of the class of life support concession holders, and an eligible person, in respect of residential premises, if the person is, on that day, eligible for the life support concession in respect of the residential premises.

(3)  A person is eligible for the life support concession in respect of residential premises if –

(a) the premises are the principal place of residence of the person; and

(b) the person either –

(i) requires an approved home-based life support machine at the premises; or

(ii) resides at those premises with another person who requires an approved home-based life support machine at the premises; and

(c) the authorised retailer who supplies electricity to the premises has been notified that the person is eligible for the life support concession in respect of the premises.

(4)  An authorised retailer has been notified that a person is eligible for the life support concession in respect of premises if –

(a) the person was, immediately before the commencement date, receiving a corresponding concession in respect of the premises and has not ceased to reside at the premises; or

(b) after the commencement date, the person has –

(i) submitted to the authorised retailer an accurately completed application, in a form approved by an authorised person, claiming the life support concession in respect of the premises; and

(ii) submitted to the authorised retailer, together with that application, written evidence from a medical practitioner that the person, or another person (who is a person who resides with the person), requires an approved home-based life support machine at the premises.

(5)  An authorised retailer that issues to a person an electricity account in relation to the supply of electricity to residential premises during a period is required to provide to the person the life support concession in relation to the premises for each day, during that period, on which the person is, under subclause (2) , an eligible person in respect of the premises.

(6)  The life support concession, in relation to premises in which is situated an approved home-based life support machine of the type specified in column 1 of Schedule 1 , is, for a day, the amount specified opposite that machine in column 2 of Schedule 1 .

5.   Medical cooling concession

(1)  There is, for the purposes of Subdivision 3 of Division 4 of Part 3 of the Act, a class of eligible persons to be referred to as the class of medical cooling concession holders.

(2)  A person is, on a day, a member of the class of medical cooling concession holders, and an eligible person, in respect of residential premises, if the person is, on that day, eligible for the medical cooling concession in respect of the residential premises.

(3)  A person is eligible for the medical cooling concession in respect of residential premises if –

(a) the premises are the principal place of residence of the person; and

(b) the person is the holder of a current pensioner concession card or a current health care card; and

(c) the person has, or lives with another person who has, a medical condition, the management of which requires cooling of the premises in which the person with the condition resides; and

(d) the authorised retailer who supplies electricity to the premises has been notified that the person is eligible for the medical cooling concession in respect of the premises.

(4)  An authorised retailer has been notified that a person is eligible for the medical cooling concession in respect of premises if –

(a) the person was, immediately before the commencement date, receiving a corresponding concession in respect of the premises and has not ceased to reside at the premises; or

(b) after the commencement date, the person has –

(i) submitted to the authorised retailer an accurately completed application, in a form approved by an authorised person, claiming the medical cooling concession in respect of the premises; and

(ii) submitted to the authorised retailer, together with that application, written evidence from a medical practitioner that the person, or another person (who is a person who resides with the person), has a medical condition, the management of which requires cooling of the premises in which the person with the condition resides.

(5)  An authorised retailer that issues to a person an electricity account in relation to the supply, during a period, of electricity to residential premises is required to provide to the person the medical cooling concession in relation to the premises for each day, during that period, on which the person is, under subclause (2) , an eligible person in respect of the premises.

(6)  The medical cooling concession for a day is 37.653 cents.

6.   Annual electricity concession

(1)  There is, for the purposes of Subdivision 3 of Division 4 of Part 3 of the Act, a class of eligible persons to be referred to as the class of annual electricity concession holders.

(2)  A person is, on a day, a member of the class of annual electricity concession holders, and an eligible person, in respect of residential premises, if the person is, on that day, eligible for the annual electricity concession in respect of the residential premises.

(3)  A person is eligible for the annual electricity concession in respect of residential premises if –

(a) the premises are the principal place of residence of the person; and

(b) the person is –

(i) the holder of a current pensioner concession card; or

(ii) the holder of a current health care card; or

(iii) the holder of a specified bridging visa; or

(iv) a person to whom a current residence determination relates; and

(c) the authorised retailer who supplies electricity to the premises has been notified that the person is eligible for the annual electricity concession in respect of the premises.

(4)  An authorised retailer has been notified that a person is eligible for the annual electricity concession in respect of premises if –

(a) the person was, immediately before the commencement date, receiving a corresponding concession in respect of the premises and has not ceased to reside at the premises; or

(b) after the commencement date, the person has submitted to the authorised retailer an accurately completed application, in a form approved by an authorised person, claiming the annual electricity concession in respect of the premises.

(5)  An authorised retailer that issues to a person an electricity account in relation to the supply, during a period, of electricity to residential premises is required to provide to the person the annual electricity concession in relation to the premises for each day, during that period, on which the person is, under subclause (2) , an eligible person in respect of the premises.

(6)  An authorised retailer that, on a day, supplies electricity to residential premises to which a prepayment meter system account of a person relates is, if the person is, under subclause (2) , an eligible person in respect of the premises on that day, required to provide to the person the annual electricity concession for the day.

(7)  The annual electricity concession for a day is 125.71 cents.

7.   Provision of concessions

(1)  A concession that is required under this order to be provided to a person in respect of an electricity account issued to the person is to be provided to the person –

(a) by way of a deduction from, or a reduction of, the amount that, but for the concession, would have been charged to the person in the electricity account; or

(b) by way of a refund to the person of the amount of the concession.

(2)  A concession that is required under this order to be provided to a person in respect of the supply of electricity to residential premises to which a prepayment meter system account relatesis to be provided to the person –

(a) by way of a deduction from, or a reduction of, the amount that, but for the concession, would have been charged for the supply; or

(b) by way of a refund to the person of the amount of the concession.

(3)  An authorised retailer is not entitled, on the grounds that another concession is payable under this order to a person, to reduce the amount of a concession payable to the person.

SCHEDULE 1 - Concessions in Respect of Life Support Systems

Clause 4(6)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 18 December 2013

This order is administered in the Department of Treasury and Finance.