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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Electricity Supply Amendment Bill
2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Electricity Supply Act 1995 No 94 2
4 Amendment of Independent Pricing and Regulatory
Tribunal Act 1992 No 39 2
Schedule 1 Amendment of Electricity Supply Act 1995 3
Schedule 2 Amendment of Independent Pricing and Regulatory
Tribunal Act 1992 8
Electricity Supply Amendment Bill 2005
Contents
Page
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Electricity Supply Amendment Bill
2005
Act No , 2005
An Act to amend the Electricity Supply Act 1995 with respect to endorsements on
licences, greenhouse gas benchmark participants, abatement certificates and
distribution systems; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Electricity Supply Amendment Bill 2005
The Legislature of New South Wales enacts: 1
2
1 Name of Act
This Act is the Electricity Supply Amendment Act 2005. 3
4
2 Commencement
This Act commences on a day or days to be appointed by proclamation. 5
6
3 Amendment of Electricity Supply Act 1995 No 94
The Electricity Supply Act 1995 is amended as set out in Schedule 1. 7
8
4 Amendment of Independent Pricing and Regulatory Tribunal Act 1992
9
No 39
The Independent Pricing and Regulatory Tribunal Act 1992 is amended 10
as set out in Schedule 2. 11
Page 2
Electricity Supply Amendment Bill 2005
Amendment of Electricity Supply Act 1995 Schedule 1
Schedule 1 Amendment of Electricity Supply Act 1
1995 2
3
(Section 3)
4
[1] Section 33A Endorsements on retail suppliers' licences
Insert "by the Minister" after "attached" in section 33A (1). 5
6
[2] Section 33A (5) and (6)
Insert after section 33A (4): 7
(5) An endorsement may be attached to a retail supplier's licence 8
when the licence is granted or at any later time and may be 9
removed at any time by the Minister. 10
(6) Conditions of an endorsement that are imposed by the Minister 11
may be varied or revoked by the Minister at any time. 12
13
[3] Section 77 Regulatory functions of Tribunal
Insert "or an endorsement attached to a licence" after "licence" in section 77 14
(2) (b). 15
16
[4] Section 77 (2) (c)
Insert "or an endorsement attached to a licence" after "licence". 17
18
[5] Section 77 (2) (d)
Insert "or an endorsement attached to a licence" after "licence". 19
20
[6] Section 87 Licence auditing functions of Tribunal
Insert "and the endorsements attached to licences held by them" after "licences 21
held by them" in section 87 (1). 22
23
[7] Section 87 (2)
Insert "and the endorsements attached to licences held by them" after "licences 24
held by them". 25
26
[8] Section 87B Provision and maintenance of information, documents and
27
evidence
Insert after section 87B (2): 28
(3) For the purposes of monitoring and reporting under section 87, 29
the Chairperson of the Tribunal may, by notice in writing served 30
on the holder of a licence, require that person: 31
Page 3
Electricity Supply Amendment Bill 2005
Schedule 1 Amendment of Electricity Supply Act 1995
(a) to keep specified records including any documents 1
specified in the notice, and 2
(b) to furnish specified information to the Tribunal. 3
(4) Nothing in subsection (3) limits the powers of the Tribunal under 4
subsection (1). 5
6
[9] Section 88 Annual reports
Insert "and the endorsements attached to licences held by them" after "licences 7
held by them" in section 88 (1). 8
9
[10] Section 97AB Definitions
Omit the definition of large customer. Insert instead: 10
large customer means: 11
(a) a customer (other than a retail supplier) that on its own 12
account, or together with one or more other such customers 13
(who are related entities), uses: 14
(i) 100 gigawatt hours or more of electricity at a single 15
site in this State in any year, or 16
(ii) 100 gigawatt hours or more of electricity at more 17
than one site in this State in any year, at least one of 18
which uses 50 gigawatt hours or more of electricity 19
in that year, or 20
(b) a related entity of a customer referred to in paragraph (a), 21
whether or not the entity is a customer. 22
23
[11] Section 97AB, definitions of "related body corporate" and "related
24
entity"
Insert in alphabetical order: 25
related body corporate of a person has the same meaning as it has 26
in the Corporations Act 2001 of the Commonwealth. 27
related entity of a customer means a person (whether or not a 28
customer) who is: 29
(a) a related body corporate of the customer, or 30
(b) a beneficiary of a trust of which the customer is or has at 31
any time been a trustee, or 32
(c) a trustee of a trust under which a person is a beneficiary, if 33
the person is a related entity of the customer because of 34
any other application or applications of this definition, or 35
(d) engaged in a joint venture with the customer or a related 36
entity of a customer. 37
Page 4
Electricity Supply Amendment Bill 2005
Amendment of Electricity Supply Act 1995 Schedule 1
[12] Section 97BB Benchmark participants 1
Insert after section 97BB (2) (d): 2
(e) the circumstances when a related entity of a customer is 3
entitled to make an election to be subject to a greenhouse 4
gas benchmark as a large customer, 5
(f) the circumstances when a person is taken to be engaged in 6
a joint venture with a customer or a related entity of a 7
customer, 8
(g) the electricity purchases to be taken into account for the 9
purpose of applying section 97BD (2) (a) to a benchmark 10
participant that is a large customer and is not the purchaser 11
of the whole or part of the electricity that qualifies it (either 12
in its own right or as a related entity of a customer) as a 13
large customer. 14
15
[13] Section 97BD Principles for determining compliance with greenhouse
16
gas benchmarks
Insert "for the purposes of compliance with the participant's greenhouse gas 17
benchmark" after "for that year" where secondly occurring in section 97BD 18
(3). 19
20
[14] Section 97CC Restrictions on surrender of abatement certificates for
21
benchmark purposes
Insert "for the purposes of compliance with the participant's greenhouse gas 22
benchmark" after "participant" where firstly occurring in section 97CC (1). 23
24
[15] Section 97EE Duration of certificate
Insert after section 97EE (2) (b): 25
(c) if the person registered as the owner of the abatement 26
certificate, by notice in writing, surrenders the certificate 27
to the Scheme Administrator, and the Scheme 28
Administrator accepts the surrender of the certificate. 29
30
[16] Section 105A
Insert after section 105: 31
32
105A Provision of information to Minister
(1) The Minister may, by notice in writing, require NEMMCO to 33
provide to the Minister the information specified in the notice. 34
(2) The Minister may only require information to be provided if 35
satisfied that it is required for the following purposes: 36
Page 5
Electricity Supply Amendment Bill 2005
Schedule 1 Amendment of Electricity Supply Act 1995
(a) notification of circumstances that may result in retailer of 1
last resort arrangements being required to be made, 2
(b) determination of whether to implement any such 3
arrangements, 4
(c) the exercise by the Minister of functions under this Act or 5
the regulations. 6
(3) NEMMCO must provide information if requested to do so by the 7
Minister in accordance with this section. 8
(4) The Minister must consult with NEMMCO before disclosing 9
information obtained under this section. 10
11
[17] Section 106 Regulations
Insert after section 106 (1) (e): 12
(e1) requirements for the marking or labelling of the point of 13
supply in relation to the premises of wholesale or retail 14
customers, 15
16
[18] Section 106 (1) (j)
Insert at the end of section 106 (1) (i): 17
(j) permitting electricity prepayment meters for small retail 18
customers and requirements relating to any such 19
prepayment meters. 20
21
[19] Schedule 2 Licences
Insert at the end of clause 8 (3) (b): 22
, or 23
(c) an endorsement attached to the licence. 24
25
[20] Schedule 2, clause 8A (5)
Insert ", or an endorsement attached to," after "the conditions of". 26
27
[21] Dictionary, definition of "distribution system"
Omit the definition. Insert instead: 28
distribution system means the electricity power lines and 29
associated equipment and electricity structures that are used to 30
convey and control the conveyance of electricity: 31
(a) to the premises of wholesale and retail customers, up to the 32
point of supply in relation to the premises (which may or 33
may not be situated on the building or land comprising the 34
premises), or 35
Page 6
Electricity Supply Amendment Bill 2005
Amendment of Electricity Supply Act 1995 Schedule 1
(b) to, from and along the rail network electricity system, 1
but does not include a transmission system or any lines, 2
equipment and structures prescribed by the regulations. 3
4
[22] Dictionary
Insert in alphabetical order: 5
NEMMCO has the same meaning as it has in Part 8A. 6
point of supply, in relation to the premises of a wholesale or retail 7
customer or a class of wholesale or retail customers, means the 8
point of supply to an electrical installation supplying electricity 9
to the premises, as determined in accordance with the regulations. 10
Page 7
Electricity Supply Amendment Bill 2005
Schedule 2 Amendment of Independent Pricing and Regulatory Tribunal Act 1992
Schedule 2 Amendment of Independent Pricing and 1
Regulatory Tribunal Act 1992 2
3
(Section 4)
4
Section 24FA Recommendations and advice
Insert ", or of an endorsement attached to a licence," after "licence or 5
authorisation" in section 24FA (5). 6
Page 8
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