Australian Capital Territory Repealed Acts

This legislation has been repealed.

ELECTRICITY SUPPLY ACT 1997 (REPEALED) - SECT 35

        (a)     under subclause 4 (1) of the Schedule refusing to grant or transfer a licence;

        (b)     under subclause 4 (1) of the Schedule imposing a condition on a licence granted or transferred under that subclause;

        (c)     under paragraph 6 (1) (b) of the Schedule imposing conditions on a licence;

        (d)     under subclause 7 (1) of the Schedule varying the conditions of a licence;

        (e)     under paragraph 8 (1) (a) of the Schedule imposing a monetary penalty on the holder of a licence; or

        (f)     under paragraph 8 (1) (b) of the Schedule cancelling a licence.

Notification of decisions

36. (1) Where the Minister makes a decision of the kind referred to in section 35, he or she shall cause notice in writing of the decision to be given—

        (a)     in the case of a decision referred to in paragraph 35 (a) or (b)—to the applicant; or

        (b)     in any other case—to the holder of the licence.

(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989 .

Appeals against decisions of electricity distributors and retail suppliers

37. (1) A person may appeal against—

        (a)     a decision of an electricity distributor concerning a charge payable by the person under a standard form customer connection contract; or

        (b)     a decision of a retail supplier concerning—

              (i)     the supplier's classification of the person as a franchise or non-franchise customer; or

              (ii)     a charge payable by the person under a standard form customer supply contract.

(2) The procedures for making and dealing with an appeal shall be as prescribed by the regulations.

(3) Without limiting the generality of subsection (2), the regulations may provide for—

        (a)     the summary dismissal of appeals;

        (b)     the referral of appeals to an arbitrator;

        (c)     the arbitrator's decision on an appeal to be final and binding on the parties to the appeal; and

        (d)     the costs of arbitrating an appeal and the apportionment of those costs between the parties to the appeal.

Charges for the use of electricity prohibited

38. (1) A person to whose premises electricity is supplied under a customer supply contract shall not charge any other person for the use of electricity so supplied.

Penalty:

        (a)     if the offender is a natural person—50 penalty units;

        (b)     if the offender is a body corporate—250 penalty units.

(2) Subsection (1) does not prohibit a person from imposing a separate charge for the use of a specified service or facility by reason of the fact that the use of that service or facility involves the consumption of electricity.

(3) Subsection (1) does not prohibit a landlord from imposing a charge for electricity supplied to a tenant if—

        (a)     the quantity of electricity so supplied is measured by a separate electricity meter that complies with the regulations; and

        (b)     the charge imposed for the electricity so supplied is not greater than the maximum allowable amount.

(4) A landlord who charges a tenant for electricity supplied to the tenant shall—

        (a)     make such records relating to the electricity so supplied; and

        (b)     keep the records for such period;

as may be prescribed.

(5) The regulations may require the landlord to furnish the tenant with a copy of any records made under this section.

(6) In this section—