UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - made under the Utilities Act 2000 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of regulation 3. Dictionary 4. Notes 5. Offences against regulation--application of Criminal Code etc PART 2--ELECTRICITY RESTRICTION SCHEME 6. Approved electricity restriction scheme 7. Scope of electricity restriction scheme 8. Public inspection of scheme documents 9. Declaration of electricity restriction stages 10. Utility may impose electricity restriction measures 11. Reports on electricity restrictions 12. State of emergency PART 3--ENFORCEMENT 13. Meaning of electricity restriction for pt 3 14. Contravening electricity restrictions 15. Directions by authorised people 16. Contravening directions of authorised person 17. Power to enter premises 18. Production of identity card 19. Ending unauthorised use of electricity 20. Damage etc to be minimised 21. Immunity from Liability DICTIONARY ENDNOTES UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 1 Name of regulation This regulation is the Utilities (Electricity Restrictions) Regulation 2004. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition '"emergency controller"--see the Emergencies Act 2004, dictionary' means that the term 'emergency controller' is defined in that dictionary and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 5 Offences against regulation--application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 6 Approved electricity restriction scheme (1) The Minister may approve a scheme to restrict the use of electricity (the approved electricity restriction scheme) if satisfied that the scheme is necessary to-- (a) facilitate, as far as practicable, the provision of efficient, reliable and sustainable electricity services by utilities to consumers; or (b) protect the interests of consumers; or (c) manage the safety and security of the electricity network; or (d) protect public safety. (2) An approval is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 7 Scope of electricity restriction scheme (1) The Minister may approve an electricity restriction scheme under section 6 only if the scheme provides for-- (a) the imposition of restrictions in different stages; and (b) a range of restriction measures that may be imposed under each stage. (2) An approved electricity restriction scheme may include provision for a utility to exempt a consumer from an electricity restriction if the restriction would cause the consumer serious detriment. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 8 Public inspection of scheme documents (1) The director-general must name a place where copies of a document or documents setting out the approved electricity restriction scheme may be inspected. (2) An instrument under subsection (1) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 9 Declaration of electricity restriction stages (1) The Minister may declare that a stage of an approved electricity restriction scheme is in force. (2) The declaration must be in accordance with the approved electricity restriction scheme. (3) The declaration must state-- (a) the stage to which it applies; and (b) the restriction measures, including their duration or maximum duration, that may be imposed under that stage; and (c) that a utility may, under section 10, impose those restriction measures; and (d) the period (not longer than 3 months) the declaration is in force. (4) To remove any doubt, the Minister may make more than 1 declaration in relation to the same stage of electricity restrictions. (5) A declaration is a notifiable instrument. Note 1 A notifiable instrument must be notified under the Legislation Act. Note 2 The power to make a declaration includes the power to revoke the declaration (see Legislation Act, s 46). UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 10 Utility may impose electricity restriction measures (1) A utility may, in writing, impose electricity restriction measures under an electricity restriction stage in force under section 9. (2) The imposition must be in accordance with the approved electricity restriction scheme. (3) As soon as possible after imposing electricity restriction measures, the utility must ensure that public notice of the imposition is-- (a) broadcast in the ACT by television or radio; and (b) published on the utility's internet web site; and (c) published in a daily newspaper. (4) To remove any doubt, the utility may make more than 1 imposition of electricity restriction measures under an electricity restriction stage in force under section 9. (5) A failure to comply with subsection (3) does not affect the validity of the imposition. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 11 Reports on electricity restrictions (1) The director-general may require a utility to give the director-general reports about the effectiveness and operation of restrictions imposed under an approved electricity restriction scheme. (2) The requirement may include requirements about the content, frequency and timing of reports. (3) A utility must comply with the requirement. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 12 State of emergency Restrictions imposed under this regulation have effect subject to the exercise of a function by an emergency controller under the Emergencies Act 2004. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 13 Meaning of electricity restriction for pt 3 In this part: "electricity restriction" means an electricity restriction imposed under section 9 (Declaration of electricity restriction stages). UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 14 Contravening electricity restrictions (1) A person commits an offence if-- (a) the person is the occupier of premises; and (b) electricity is used on the premises in contravention of an electricity restriction; and (c) the electricity restriction has been notified by public notice under section 10 (Utility may impose electricity restriction measures). Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. (3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant did not know the electricity restriction had been imposed. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 15 Directions by authorised people (1) This section applies if an authorised person believes on reasonable grounds that-- (a) electricity has been used, or is being used, on premises in contravention of an electricity restriction; or (b) electricity has been used on premises in contravention of an electricity restriction and that a further contravention is likely. (2) The authorised person may give the occupier of the premises a written direction to take action stated in the direction to ensure that electricity is used in accordance with the electricity restrictions. (3) It is sufficient if the direction is addressed to 'the occupier' of the premises. (4) The direction may state a period in which the person must comply with the direction. (5) The direction may also be given-- (a) by leaving it in the letterbox at the premises; or (b) by securing it in a conspicuous place at the premises. Note For other ways in which the direction may be given, see the Legislation Act, pt 19.5. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 16 Contravening directions of authorised person (1) A person commits an offence if-- (a) an authorised person has given the person a direction under section 15; and (b) the person contravenes the direction. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 17 Power to enter premises (1) This section applies if an authorised person believes on reasonable grounds that electricity has been used, or is being used, on premises in contravention of an electricity restriction. (2) For this regulation, an authorised person may enter any part of the premises (other than a part used for residential purposes) at any reasonable time, and-- (a) inspect the premises and anything on the premises; and (b) take action under section 19 (Ending unauthorised use of electricity). (3) For subsection (2), the authorised person may enter the premises with any necessary assistance and force. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 18 Production of identity card An authorised person must not remain on premises entered under this part if, when asked by the occupier, the authorised person does not produce the authorised person's identity card for inspection by the occupier. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 19 Ending unauthorised use of electricity (1) An authorised person may arrange to stop the supply of electricity from the electricity network to premises if the person believes on reasonable grounds that a person is contravening a direction under section 15 (Directions by authorised people); or (2) An authorised person may also arrange to stop the supply of electricity from the electricity network to premises if the authorised person believes on reasonable grounds that-- (a) electricity is being used on premises in contravention of an electricity restriction; and (b) a direction under section 15 is unlikely to end the contravention because, for example-- (i) the premises are unoccupied (whether temporarily or permanently); or (ii) after making reasonable inquiries, the authorised person cannot find the occupier of the premises; or (iii) the occupier is unlikely to comply with the direction; and (c) the contravention is likely to continue unless action is taken under this section. Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (3) The authorised person must give the occupier of the premises a written notice stating that the supply of electricity will be stopped. (4) It is sufficient if the notice is addressed to 'the occupier' of the premises. (5) The notice may also be given-- (a) by leaving it in the letterbox at the premises; or (b) by securing it in a conspicuous place at the premises. Note For other ways in which the direction may be given, see the Legislation Act, pt 19.5. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 20 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this regulation, an authorised person must take reasonable steps to ensure that the authorised person, and anyone helping the authorised person, causes as little inconvenience, detriment and damage as is practicable. (2) If an authorised person, or anyone helping an authorised person, damages anything in the exercise, or purported exercise, of a function under this regulation, the authorised person must give written notice of the particulars of the damage to the person whom the authorised person believes is the owner of the thing. (3) It is sufficient if the notice is addressed to 'the occupier' of the premises where the damage happened. (4) The notice may also be given-- (a) by leaving it in the letterbox at the premises where the damage happened; or (b) by securing it in a conspicuous place at those premises. Note For other ways in which the direction may be given, see the Legislation Act, pt 19.5. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - REG 21 Immunity from Liability (1) A utility, an authorised person, a person helping an authorised person or anyone acting under the direction of a utility, is not liable for anything done or omitted to be done honestly-- (a) in the exercise of a function under this regulation; or (b) in the reasonable belief that the act or omission was in the exercise of a function under this regulation. (2) Any liability that, apart from subsection (1), would attach to a person attaches instead to the Territory. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o contravene o daily newspaper o director-general (see s 163) o Minister (see s 162). Note 3 Terms used in this regulation have the same meaning that they have in the Utilities Act 2000 (see Legislation Act, s 148.) For example, the following terms are defined in the Utilities Act 2000, dict: o authorised person o premises. "approved electricity restriction scheme"--see section 6. "electricity restriction", for part 3 (Enforcement)--see section 13. "emergency controller"--see the Emergencies Act 2004, dictionary. "identity card" means an identity card issued under section 115 of the Act identifying a person as an authorised person for this regulation. "utility" means electricity distributor. UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Utilities (Electricity Restrictions) Regulation 2004 SL2004-61 notified LR 21 December 2004 s 1, s 2 commenced 21 December 2004 (LA s 75 (1)) remainder commenced 22 December 2004 (s 2) as amended by Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.75 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.75 commenced 22 September 2009 (s 2) Emergencies Amendment Act 2010 A2010-17 sch 1 pt 1.2 notified LR 12 May 2010 s 1, s 2 commenced 12 May 2010 (LA s 75 (1)) sch 1 pt 1.2 commenced 20 August 2010 (s 2 and CN2010-8) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.164 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.164 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Commencements 2 om LA s 89 (4) Dictionarys 3 am A2010-17 amdt 1.5 Approved electricity restriction schemes 6 am A2009-20 amdt 3.217 Public inspection of scheme documentss 8 am A2009-20 amdt 3.217; A2011-22 amdt 1.456 Declaration of electricity restriction stagess 9 am A2009-20 amdt 3.217 Reports on electricity restrictionss 11 am A2011-22 amdt 1.457 State of emergencys 12 am A2010-17 amdt 1.6 Dictionarydict am A2009-20 amdt 3.216; A2011-22 amdt 1.458 def emergency controller ins A2010-17 amdt 1.7 def territory controller om A2010-17 amdt 1.8 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R122 Dec 2004 22 Dec 2004-21 Sept 2009 not amended new regulation R222 Sept 2090 22 Sept 2009-19 Aug 2010 A2009-20 amendments by A2009-20 R320 Aug 2010 20 Aug 2010-30 June 2011 A2010-17 amendments by A2010-17 (c) Australian Capital Territory 2011 UTILITIES (ELECTRICITY RESTRICTIONS) REGULATION 2004 - NOTES Australian Capital Territory SL2004-61 Republication No 4 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Utilities (Electricity Restrictions) Regulation 2004 , made under the Utilities Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Utilities (Electricity Restrictions) Regulation 2004 Endnotes Australian Capital Territory Utilities (Electricity Restrictions) Regulation 2004