Australian Capital Territory Numbered Acts

ESSENTIAL SERVICES (CONTINUITY OF SUPPLY) (NO 38 OF 1992)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Essential Services (Continuity of Supply) Act 1992.  
   3.      In this Act, unless the contrary intention appears—“account”, in relation to an essential service, means a written statement of the amount payable by a customer to the relevant service provider in respect of that essential service; “application” means an application for relief under this Act; “customer” means a person to whom an essential service is being provided for domestic use; “essential service” means the provision of electricity or any other prescribed service; “Review Committee” means the Essential Services Review Committee established under this Act; “service provider” means an authority or body that provides an essential service; “withdrawal”, in relation to an essential service, means the discontinuance or reduction of that service by reason only that an account for that service has not been paid.  
   4.      Nothing in this Act affects the operation of the Rates and Land Rent (Relief) Act 1970 or of section 78 of the Electricity and Water Act 1988.  

   PART II--ESSENTIAL SERVICES REVIEW COMMITTEE

   5.      For the purposes of this Act, there shall be an Essential Services Review Committee.  
   8.      An action of the Review Committee is not rendered invalid by reason only of a defect or irregularity in the appointment of a member of the Committee.  
   10.     The Chairperson or Deputy Chairperson of the Review Committee may resign his or her office by tendering a written resignation to the Minister.  
   11.     The function of the Review Committee is to consider and decide applications.  
   13.     The members of the Review Committee hold office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Minister.  

   PART III--APPLICATIONS WITHDRAWAL OF ESSENTIAL SERVICES

   14.     (1) A service provider shall not withdraw an essential service from a customer unless—  

   PART IV--PROCEDURE PRIVACY

   18.     On the consideration of an application—  
   19.     (1) The Chairperson or the Deputy Chairperson shall preside at a meeting of the Review Committee.  
   21.     (1) The applicant and the service provider shall bear their own respective costs arising from the application.  

   PART V--RELIEF POWER OF COMMITTEE

   22.     After considering an application the Review Committee may, by instrument in writing—  
   23.     A decision on an application in accordance with sub-subparagraph 22 (a) (i) (B) may be expressed to be subject to any of the following conditions:  
   26.     Where the Review Committee makes a declaration under subparagraph 22 (a) (ii) or (iii), the liability in respect of the relevant account shall be taken to be discharged in part or in whole, as the case requires, in accordance with the declaration.  
   27.     If a service provider fails to maintain an essential service to a customer in circumstances that involve a contravention of subsection 14 (1) or 16 (3) or a direction under subparagraph 22 (a) (i)—  

   PART VI--MISCELLANEOUS REGULATIONS

   28.     The Executive may make regulations, not inconsistent with this Act, prescribing—