Electricity Supply Industry Concession Order 2016

Electricity Supply Industry Concession Order 2016

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

PETER GUTWEIN

Treasurer

1.   Short title

This order may be cited as the Electricity Supply Industry Concession Order 2016 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

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) a phototherapy machine; and

(h) a left ventricular assist device;

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;

[Clause 3 Subclause (1) amended by S.R. 2019, No. 45, Applied:28 Jun 2019]

[Clause 3 Subclause (1) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] corresponding concession means the annual electricity concession provided under the former concession order by an authorised retailer before the commencement date;

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 to the purchase of electricity for personal, household or domestic use;

former concession order means the Electricity Supply Industry Concession Order 2015 ;

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 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;

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

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;

surviving spouse, in relation to a deceased person, means –

(a) the person to whom the deceased person was married immediately before the death of the deceased person; and

(b) if the deceased person (whether or not he or she was, at the time of his or her death, married to a person) was, immediately before his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 , with another person – that other person.

(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, on a day, eligible for the life support concession in respect of residential premises if –

(a) [Clause 4 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] the premises are on that day the principal place of residence of the person; and

(b) [Clause 4 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] the person on that day 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, on or before that day, that the person is eligible for the life support concession in respect of the premises; and

(d) [Clause 4 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] [Clause 4 Subclause (3) amended by S.R. 2021, No. 50, Applied:30 Jun 2021] the day is not more than 4 years after the day on which the person (or, if the person is a surviving spouse, of a deceased person, to whom subclause (5) applies, the deceased person) submitted to the authorised retailer an application, referred to in subclause (4) claiming the life support concession.

(4)  [Clause 4 Subclause (4) substituted by S.R. 2019, No. 45, Applied:28 Jun 2019] For the purposes of this clause, an authorised retailer has been notified by a person that the person is eligible for the life support concession in respect of premises if the person has submitted to the authorised retailer an accurately completed application, in a form approved by an authorised person, that –

(a) claims the life support concession in respect of the premises; and

(b) includes a certification 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)  If –

(a) a person is a surviving spouse in relation to a deceased person; and

(b) the deceased person was, immediately before his or her death, eligible for the life support concession in respect of residential premises; and

(c) an electricity account, in relation to the premises, that is in the name of the deceased person is paid by or on behalf of the surviving spouse; and

(d) the surviving spouse is, on the day on which the electricity account is paid, eligible for the life support concession in respect of the premises –

the surviving spouse is, despite subclause (3)(c) , taken to have been, in relation to the electricity account, eligible for the life support concession in respect of the premises on each day during the period to which the electricity account relates, even if the authorised retailer has not been, on or before that day, notified that the person is eligible for the life support concession in respect of the premises.

(5A)  [Clause 4 Subclause (5A) amended by S.R. 2021, No. 50, Applied:30 Jun 2021] [Clause 4 Subclause (5A) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] If, within a period –

(a) [Clause 4 Subclause (5A) amended by S.R. 2021, No. 50, Applied:30 Jun 2021] beginning on the day that is 4 years after a person last submitted to an authorised retailer an accurately completed application referred to in subclause (4) , (the former application); and

(b) [Clause 4 Subclause (5A) amended by S.R. 2021, No. 50, Applied:30 Jun 2021] ending on the day that is 4 years and 90 days after the day on which the person submitted the former application –

the person submits to the authorised retailer a further accurately completed application referred to in subclause (4) (the further application), the authorised retailer may, in its discretion, determine that the further application is to be taken to have been submitted to the authorised retailer on the day that is 4 years after the former application was submitted.

(5B)  [Clause 4 Subclause (5B) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] If an authorised retailer determines under subclause (5A) that an application, referred to in subclause (4) , is to be taken to have been submitted to the authorised retailer on a day, the application is to be taken to have been submitted on that day.

(6)  Except if subclause (5) applies to the person, an authorised retailer is not required to provide to a person the life support concession in respect of premises for a day unless the retailer has been, on or before that day, notified that the person is eligible for the life support concession in respect of the premises.

(7)  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 respect of the premises for each day, during that period, on which the person is, under subclause (2) , an eligible person in respect of the premises.

(8)  The life support concession, in respect of 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 or heating 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 or heating concession holders.

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

(3)  A person is, on a day, eligible for the medical cooling or heating concession in respect of residential premises if –

(a) [Clause 5 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] the premises are on that day the principal place of residence of the person; and

(b) [Clause 5 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] the person is on that day the holder of a current pensioner concession card or a current health care card; and

(c) [Clause 5 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] the person, or a person with whom the person lives, has, in accordance with clause 6 , a recognised medical need on that day for the premises in which the person resides to be heated or cooled; and

(d) the authorised retailer who supplies electricity to the premises has been notified, on or before that day, that the person is eligible for the medical cooling or heating concession in respect of the premises; and

(e) [Clause 5 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] [Clause 5 Subclause (3) amended by S.R. 2021, No. 50, Applied:30 Jun 2021] the day is not more than 4 years after the day on which the person (or, if the person is a surviving spouse, of a deceased person, to whom subclause (5) applies, the deceased person) submitted to the authorised retailer an application, referred to in subclause (4) , claiming the medical cooling or heating concession.

(4)  [Clause 5 Subclause (4) substituted by S.R. 2019, No. 45, Applied:28 Jun 2019] For the purposes of this clause, an authorised retailer has been notified by a person that the person is eligible for the medical cooling or heating concession in respect of premises if the person has submitted to the authorised retailer an accurately completed application, in a form approved by an authorised person, that –

(a) claims the medical cooling or heating concession in respect of the premises; and

(b) contains a relevant current medical certification within the meaning of clause 6(3) in relation to the person or a person with whom the person lives.

(5)  If –

(a) a person is a surviving spouse in relation to a deceased person; and

(b) the deceased person was, immediately before his or her death, eligible for the medical cooling or heating concession in respect of residential premises; and

(c) an electricity account, in relation to the premises, that is in the name of the deceased person is paid by or on behalf of the surviving spouse; and

(d) the surviving spouse is, on the day on which the electricity account is paid, eligible for the medical cooling or heating concession in respect of the premises –

the surviving spouse is, despite subclause (3)(d) , taken to have been, in relation to the electricity account, eligible for the medical cooling or heating concession in respect of the premises on each day during the period to which the electricity account relates, even if the authorised retailer has not been, on or before that day, notified that the person is eligible for the medical cooling or heating concession in respect of the premises.

(5A)  [Clause 5 Subclause (5A) amended by S.R. 2021, No. 50, Applied:30 Jun 2021] [Clause 5 Subclause (5A) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] If, within a period –

(a) [Clause 5 Subclause (5A) amended by S.R. 2021, No. 50, Applied:30 Jun 2021] beginning on the day that is 4 years after a person last submitted to an authorised retailer an accurately completed application referred to in subclause (4) , (the former application); and

(b) [Clause 5 Subclause (5A) amended by S.R. 2021, No. 50, Applied:30 Jun 2021] ending on the day that is 4 years and 90 days after the day on which the person submitted the former application –

the person submits to the authorised retailer a further accurately completed application referred to in subclause (4) (the further application), the authorised retailer may, in its discretion, determine that the further application is to be taken to have been submitted to the authorised retailer on the day that is 4 years after the former application was submitted.

(5B)  [Clause 5 Subclause (5B) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] If an authorised retailer determines under subclause (5A) that an application, referred to in subclause (4) , is to be taken to have been submitted to the authorised retailer on a day, the application is to be taken to have been submitted on that day.

(5C)  [Clause 5 Subclause (5C) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] Subclause (5D) applies in relation to a person in respect of a pensioner concession card or current health care card if the person submits to an authorised retailer an application, referred to in subclause (4) , on a day (in this clause referred to as the application day) after the day on which the card is issued to the person.

(5D)  [Clause 5 Subclause (5D) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] If –

(a) this subclause applies in relation to a person in respect of a pensioner concession card or current health care card; and

(b) there is evidence, satisfactory to the authorised retailer, that the person or entity that issued the card treats the card as applying to the person from a day (in this clause referred to as the retrospective issue day) that is before the day on which the card is issued and before the application day –

the authorised retailer may, in its discretion, determine that the person is to be taken to have been the holder of the card on and from the retrospective issue day.

(5E)  [Clause 5 Subclause (5E) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] If an authorised retailer determines under subclause (5D) that a person is to be taken to have been the holder of a card on and from the retrospective issue day –

(a) the person is to be taken to have been the holder of the card on and from the retrospective issue day; and

(b) the application, referred to in subclause (5C) , made by the person is to be taken to have been submitted –

(i) if subparagraph (ii) does not apply – on the retrospective issue day; or

(ii) if the retrospective issue day is more than 12 months before the application day – on the day that is 12 months before the application day.

(6)  Except if subclause (5) applies to the person, an authorised retailer is not required to provide to a person the medical cooling or heating concession in respect of premises for a day unless the retailer has been, on or before that day, notified that the person is eligible for the medical cooling or heating concession in respect of the premises.

(7)  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 or heating concession in respect of the premises for each day, during that period, on which the person is, under subclause (2) , an eligible person in respect of the premises.

(8)  [Clause 5 Subclause (8) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] [Clause 5 Subclause (8) amended by S.R. 2018, No. 41, Applied:01 Jul 2018] [Clause 5 Subclause (8) amended by S.R. 2017, No. 40, Applied:01 Jul 2017] The medical cooling or heating concession for a day is 42.155 cents.

6.   Recognised medical need for heating or cooling of residential premises

(1)  For the purposes of clause 5 , a person has a recognised medical need for the premises in which the person resides to be heated or cooled if there is, in relation to the person, a relevant current medical certification.

(2)  [Clause 6 Subclause (2) omitted by S.R. 2019, No. 45, Applied:28 Jun 2019] .  .  .  .  .  .  .  .  

(3)  [Clause 6 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] There is, in relation to a person, a relevant current medical certification if the medical practitioner treating the person has specified in an application form, referred to in clause 5(4) , that relates to the medical condition of the person, that, in the opinion of the medical practitioner, the person is unable to self-regulate his or her body temperature because he or she –

(a) has a prescribed medical condition; or

(b) exhibits one of the primary qualifying medical conditions and one of the secondary qualifying medical conditions.

(4)  [Clause 6 Subclause (4) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] The treating medical practitioner in relation to a person to whom a medical condition referred to in an application referred to in clause 5(4) relates must be a medical practitioner who has been treating the person for the medical condition to which the application relates for at least 3 months before the date on which the medical practitioner has completed and signed the relevant part of the application form referred to in clause 5(4)(b) .

(5)  The prescribed medical conditions are the following:

(a) multiple sclerosis;

(b) lymphoedema;

(c) Parkinson's disease;

(d) fibromyalgia;

(e) motor neurone disease;

(f) post-polio syndrome or poliomyelitis;

(g) scleroderma;

(h) systemic lupus erythematosus;

(i) complex regional pain syndrome.

(6)  The primary qualifying medical conditions in relation to a person are the following:

(a) autoimmune system dysfunction caused by a condition in which the autoimmune system has been damaged;

(b) loss of the person's skin integrity or loss of the person's capacity to sweat;

(c) objective reduction of the person's physiological functioning when the temperature of the surrounding environment is extreme;

(d) a condition that causes, when the temperature of the surrounding environment is extreme, hypersensitivity of the person, causing increased pain or discomfort or an increased risk of the person suffering complications in respect of his or her medical condition.

(7)  The secondary qualifying medical conditions in relation to a person are the following:

(a) severe immobility of the person resulting in a total or partial inability to self-regulate his or her body temperature;

(b) demonstrated significant loss of autonomic regulation of sweating, heart rate or blood pressure, when the temperature of the person's surrounding environment is extreme;

(c) demonstrated loss of physiological function, or significant aggravation of an existing clinical condition, when the temperature of the person's surrounding environment is extreme.

7.   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, on a day, eligible for the annual electricity concession in respect of residential premises if –

(a) [Clause 7 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] the premises are on that day the principal place of residence of the person; and

(b) [Clause 7 Subclause (3) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] the person is on that day –

(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, on or before that day, 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)  If –

(a) a person is a surviving spouse in relation to a deceased person; and

(b) the deceased person was, immediately before his or her death, eligible for the annual electricity concession in respect of residential premises; and

(c) an electricity account, in relation to the premises, that is in the name of the deceased person is paid by or on behalf of the surviving spouse; and

(d) the surviving spouse is, on the day on which the electricity account is paid, eligible for the annual electricity concession in respect of the premises –

the surviving spouse is, despite subclause (3)(c) , taken to have been, in relation to the electricity account, eligible for the annual electricity concession in respect of the premises for the period to which the electricity account relates, even if the authorised retailer has not been, on or before that day, notified that the person is eligible for the annual electricity concession in respect of the premises.

(5A)  [Clause 7 Subclause (5A) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] Subclause (5B) applies in relation to a person in respect of a pensioner concession card, current health care card, specified bridging visa or residence determination if the person submits to an authorised retailer an application, referred to in subclause (4)(b) , on a day (in this clause referred to as the application day) after the day on which the card or visa is issued to the person or the residence determination is made in relation to the person.

(5B)  [Clause 7 Subclause (5B) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] If –

(a) this subclause applies in relation to a person in respect of a pensioner concession card, current health care card, specified bridging visa or residence determination; and

(b) there is evidence, satisfactory to the authorised retailer, that the person or entity that issued the card or visa or made the determination treats the card, visa or determination as applying to the person from a day (in this clause referred to as the retrospective issue day) that is –

(i) before the day on which the card or visa is issued or the determination is made; and

(ii) before the application day –

the authorised retailer may, in its discretion, determine that the person is to be taken to have been the holder of the card or visa on and from the retrospective issue day or a person to whom the residence determination relates on and from the retrospective issue day, respectively.

(5C)  [Clause 7 Subclause (5C) inserted by S.R. 2019, No. 45, Applied:28 Jun 2019] If an authorised retailer determines under subclause (5B) that a person is to be taken to have been the holder of a card or visa on and from the retrospective issue day or a person to whom a residence determination relates on and from the retrospective issue day –

(a) the person is to be taken to have been the holder of the card or visa on and from the retrospective issue day or a person to whom the residence determination relates on and from the retrospective issue day, respectively; and

(b) the application, referred to in subclause (5A) , made by the person is to be taken to have been submitted –

(i) if subparagraph (ii) does not apply – on the retrospective issue day; or

(ii) if the retrospective issue day is more than 12 months before the application day – on the day that is 12 months before the application day.

(6)  Except if subclause (5) applies to the person, an authorised retailer is not required to provide to a person the annual electricity concession in respect of premises for a day unless the retailer has been, on or before that day, notified that the person is eligible for the annual electricity concession in respect of the premises.

(7)  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 respect of the premises for each day, during that period, on which the person is, under subclause (2) , an eligible person in respect of the premises.

(8)  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.

(9)  [Clause 7 Subclause (9) amended by S.R. 2019, No. 45, Applied:28 Jun 2019] [Clause 7 Subclause (9) amended by S.R. 2018, No. 41, Applied:01 Jul 2018] [Clause 7 Subclause (9) amended by S.R. 2017, No. 40, Applied:01 Jul 2017] The annual electricity concession for a day is 140.740 cents.

(10)  [Clause 7 Subclause (10) inserted by S.R. 2021, No. 50, Applied:30 Jun 2021] An authorised retailer that supplies electricity to residential premises on one or more days, within the period beginning on 30 June 2021 and ending immediately before 1 September 2021, on which a person is, under subclause (2) , an eligible person in respect of the residential premises, is required to provide to the person a concession of $125, to be known as the winter energy supplement.

(11)  [Clause 7 Subclause (11) inserted by S.R. 2021, No. 50, Applied:30 Jun 2021] The winter energy supplement is a supplement that is payable only once to an eligible person in respect of residential premises and accordingly subclause (10) does not apply, in relation to an eligible person in respect of residential premises, to an authorised retailer that supplies electricity to the residential premises, if the authorised retailer, or another authorised retailer, has, in accordance with that subclause, provided the winter energy supplement to the person, whether or not in relation to the same premises.

(12)  [Clause 7 Subclause (12) inserted by S.R. 2021, No. 50, Applied:30 Jun 2021] Despite clause 8 , a winter energy supplement that an authorised retailer is required to provide to a person under subclause (10) in relation to residential premises is to be provided to the person by way of a deduction by the authorised retailer of $125 from an electricity account, or by way of deductions by the authorised retailer of amounts totalling $125 from more than one electricity account, that –

(a) is in the name of the person; and

(b) relates, in whole or in part, to the supply, before, within, or within 3 months after, the period referred to in subclause (10) , of electricity to –

(i) the residential premises; or

(ii) if the person, after being an eligible person in respect of the residential premises during part of the period, resides in other residential premises – either of the residential premises.

8.   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.

9.   Legislation revoked

The legislation specified in Schedule 2 is revoked.

SCHEDULE 1 - Concessions in Respect of Life Support Systems

Clause 4(8)

SCHEDULE 2 - Legislation revoked

Clause 9

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

Notified in the Gazette on 1 July 2016

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