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Queensland
Community Ambulance Cover
and Other Acts Amendment
Bill 2007
Queensland
Community Ambulance Cover and Other
Acts Amendment Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Community Ambulance Cover Act 2003
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Replacement of s 10 (Meaning of standard contract) . . . . . . . . . 8
10 Meaning of customer sale arrangement. . . . . . . . . . . 9
5 Amendment of s 14 (Meaning of on-supply arrangement
(type 1)) ...................................... 10
6 Amendment of s 15 (Meaning of on-supply arrangement
(type 2)) .................................... 10
7 Omission of s 16 (Meaning of contestable sale arrangement) . . . 11
8 Amendment of s 17 (Person may have more than 1 role) . . . . . . 11
9 Replacement of pt 2 (Standard contracts) . . . . . . . . . . . . . . . . . . 11
Part 2 Customer sale arrangements
Division 1 Imposition of levy
22 Imposition of levy on customer sale
arrangements .................... 11
23 Imposition of levy if there are 2 or more customer
sale arrangements in place . . . . . . . . . . . . . . . . . . . . 12
24 Operation of customer sale arrangement . . . . . . . . . . 12
Division 2 Liability for levy
25 When liability for levy is imposed . . . . . . . . . . . . . . . . 12
26 Who is liable to pay levy . . . . . . . . . . . . . . . . . . . . . . . 13
27 Consolidation arrangement does not affect liability
for levy ........................... 13
Division 3 Calculation of levy
2
Community Ambulance Cover and Other Acts
Amendment Bill 2007
28 Amount of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 4 Exempt customer sale arrangements generally
29 Exemption from liability for levy . . . . . . . . . . . . . . . . . 14
30 Exemption on 2 or more grounds . . . . . . . . . . . . . . . . 14
Division 5 Particular exemptions
31 Exemption for later customer sale arrangements for
separate area ........................... 14
32 Pensioner exemption . . . . . . . . . . . . . . . . . . . . . . . . . 15
33 Farming shed exemption . . . . . . . . . . . . . . . . . . . . . . 16
34 Pump exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
35 Hot water system exemption . . . . . . . . . . . . . . . . . . . 16
36 Public park facility exemption . . . . . . . . . . . . . . . . . . . 16
37 Security lighting exemption. . . . . . . . . . . . . . . . . . . . . 16
37A Exemption for equipment for medical condition . . . . . 17
37B Retirement village common account exemption. . . . . 18
37C Building common account exemption (type 1) . . . . . . 18
37D Building common account exemption (type 2)
(2 pensioner occupiers) . . . . . . . . . . . . . . . . . . . . . 19
37E Building common account exemption (type 2)
(1 pensioner occupier) . . . . . . . . . . . . . . . . . . . . . . . . 20
37F Building common account exemption (type 2)
(no pensioner occupiers) . . . . . . . . . . . . . . . . . . . . . . 21
37G Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . 21
37H State exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37I Local government exemption . . . . . . . . . . . . . . . . . . . 22
37J Exemption for religious bodies and other institutions . 22
10 Replacement of ss 44 and 44A . . . . . . . . . . . . . . . . . . . . . . . . . . 24
44 Exemption for later power card arrangements for
separate area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
11 Amendment of s 47E (Retirement village common account
exemption) ...................................... 25
12 Omission of pt 5 (Contestable sale arrangements) . . . . . . . . . . . 25
13 Amendment of s 87 (Statement of levy liability) . . . . . . . . . . . . . . 25
14 Amendment of pt 7, div 2, hdg (Notification requirements for
standard contracts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15 Amendment of s 90 (Notification requirement for exemption for
standard contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
16 Replacement of s 90A (Special provision for notification of hot
water system exemption for standard contract instead of s 90) . . 26
3
Community Ambulance Cover and Other Acts
Amendment Bill 2007
90A Notification requirement for exemption for previous
customer sale arrangement . . . . . . . . . . . . . . . . . . . . 26
90B When notification for exemption for customer sale
arrangement taken to have been given . . . . . . . . . . . 27
17 Amendment of s 91 (Notification requirement for loss of
exemption for standard contract) . . . . . . . . . . . . . . . . . . . . . . . . . 28
18 Insertion of new s 91A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
91A Notification requirement for loss of exemption for
previous customer sale arrangement . . . . . . . . . . . . . 29
19 Omission of s 92A (Special provision for notification of hot water
system exemption for power card arrangement instead of s 92(2)) 30
20 Omission of pt 7, div 5 (Notification requirements for contestable
sale arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
21 Amendment of s 99 (Particular exemptions taken to be notified
under divs 25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
22 Amendment of s 100 (Notification for government exemptions). . 30
23 Amendment of s 104 (Voluntary contributions) . . . . . . . . . . . . . . 30
24 Insertion of new s 105A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
105A Requirement to pay shortfall amount for previous
customer sale arrangement . . . . . . . . . . . . . . . . . . . . 31
25 Amendment of s 107 (Refund of overpaid levy for electricity sale
arrangement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
26 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
107A Refund of overpaid levy for previous customer sale
arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
27 Amendment of s 124B (Recovery of levy amount from pensioner
prohibited for standard contract). . . . . . . . . . . . . . . . . . . . . . . . . . 34
28 Omission of s 124C (Recovery of levy amount from pensioner
prohibited for contestable sale arrangement) . . . . . . . . . . . . . . . . 34
29 Replacement of pt 12 (Transitional provisions). . . . . . . . . . . . . . . 34
Part 12 Transitional provision for Electricity and Other
Legislation Amendment Act 2006
155 Negotiated retail contract entered into under the
Electricity Act, s 312(2). . . . . . . . . . . . . . . . . . . . . . . . 35
30 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part 13 Transitional provisions for Community
Ambulance Cover and Other Acts Amendment
Act 2007
156 Definitions for pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . 35
157 When notification for exemption for corresponding
arrangements taken to have been given . . . . . . . . . . 36
4
Community Ambulance Cover and Other Acts
Amendment Bill 2007
158 Notification requirement for exemption for standard
contract or contestable sale arrangement under
pre-amended Act--corresponding arrangements . . . 36
159 Refund of overpaid levy for standard contract or
contestable sale arrangement under pre-amended
Act--corresponding arrangements. . . . . . . . . . . . . . . 37
160 Notification requirement for exemption for standard
contract or contestable sale arrangement under
pre-amended Act--new arrangements. . . . . . . . . . . . 38
161 Refund of overpaid levy for standard contract or
contestable sale arrangement under pre-amended
Act--new arrangements . . . . . . . . . . . . . . . . . . . . . . . 39
162 Notification requirement for loss of exemption for
standard contract or contestable sale arrangement
under pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . 40
163 Requirement to pay shortfall amount for standard
contract or contestable sale arrangement under
pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
31 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 43
Part 3 Amendment of Electricity Act 1994
32 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
33 Amendment of s 318 (Street lighting with non-metered
connection point) .................................. 46
34 Amendment of s 319 (Other unmetered connection points). . . . . 46
35 Insertion of new s 319A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
319A Particular watchman lights . . . . . . . . . . . . . . . . . . . . . 46
36 Amendment of s 320 (Obligation to decide notified prices for
20062007 financial year on basis of post amended Act) . . . . . . 47
Part 4 Amendment of Electricity and Other Legislation
Amendment Act 2006
37 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
38 Amendment of s 5 (Replacement of ss 23 and 23A of Act No.
64 of 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
39 Amendment of s 13 (Replacement of ss 4855C of Act No. 64
of 1994) ..................................... 48
40 Amendment of s 16 (Insertion of new s 55G and new ch 2, pt
6A of Act No. 64 of 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
41 Amendment of s 22 (Amendment of s 90 (Deciding prices for
non-contestable customers) of Act No. 64 of 1994) . . . . . . . . . . . 51
42 Amendment of s 25 (Insertion of new ch 4, pt 2, div 3 of Act No.
64 of 1994) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
43 Amendment of s 30 (Replacement of ch 5, pts 1A1C of Act
No. 64 of 1994). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
5
Community Ambulance Cover and Other Acts
Amendment Bill 2007
44 Amendment of s 53 (Amendment of sch 5 (Dictionary) of Act
No. 64 of 1994). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
45 Amendment of s 108 (Amendment of s 169 (Restriction on
general retailers) of Act No. 29 of 2003). . . . . . . . . . . . . . . . . . . . 55
46 Amendment of s 109 (Insertion of new s 170 of Act No. 29
of 2003) ....................................... 55
47 Amendment of s 114 (Replacement of ch 3, pt 2 (Customer
retail services) of Act No. 29 of 2003) . . . . . . . . . . . . . . . . . . . . . 56
48 Amendment of s 145 (Insertion of new ch 5A of Act No. 29
of 2003) ............................... 56
49 Amendment of schedule (Minor and consequential
amendments) ............................. 57
Part 5 Amendment of Breakwater Island Casino Agreement Act
1984
50 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
51 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
3A Particular provisions of trustee leases . . . . . . . . . . . . 58
52 Renumbering of ss 3A and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 6 Amendment of Lotteries Act 1997
53 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
54 Amendment of s 130 (Amendment of prizes) . . . . . . . . . . . . . . . . 59
55 Insertion of new pt 12, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 5 Transitional provision for Community
Ambulance Cover and Other Acts Amendment
Act 2007
252 Payment of prizes--s 130 . . . . . . . . . . . . . . . . . . . . . 60
Part 7 Amendment of State Financial Institutions and Metway
Merger Facilitation Act 1996
56 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
57 Amendment of s 64 (Metway group companies' articles to
include certain provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Part 8 Amendment of Integrated Planning Act 1997
58 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
59 Amendment of s 3.7.8 (When pt 7 does not apply) . . . . . . . . . . . 62
60 Amendment of sch 8 (Assessable development and
self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
61 Amendment of sch 9 (Development that is exempt from
assessment against a planning scheme) . . . . . . . . . . . . . . . . . . . 62
62 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 62
2007
A Bill
for
An Act to amend the Community Ambulance Cover Act 2003,
and for other purposes
s1 8 s4
Community Ambulance Cover and Other Acts
Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Community Ambulance Cover 4
and Other Acts Amendment Act 2007. 5
Clause 2 Commencement 6
(1) Part 7 commences on a day to be fixed by proclamation. 7
(2) The remaining provisions of this Act, other than the following 8
provisions, commence on 1 July 2007-- 9
· part 2 heading 10
· sections 3 and 29 11
· parts 3 to 6 and 8. 12
Part 2 Amendment of Community 13
Ambulance Cover Act 2003 14
Clause 3 Act amended in pt 2 15
This part amends the Community Ambulance Cover Act 2003. 16
Clause 4 Replacement of s 10 (Meaning of standard contract) 17
Section 10-- 18
omit, insert-- 19
s4 9 s4
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`10 Meaning of customer sale arrangement 1
`(1) A customer sale arrangement is an arrangement for the sale 2
of electricity by an electricity retailer to a person (the relevant 3
customer), but only if, for the sale-- 4
(a) the electricity is supplied for consumption in 5
Queensland; and 6
(b) the supply of the electricity is measured by a meter. 7
Example-- 8
a retail contract under the Electricity Act for the sale of electricity by a 9
special approval holder to a person for consumption at a house in 10
Queensland, the supply of which is measured by a meter 11
`(2) However, a customer sale arrangement does not include an 12
arrangement for the sale of electricity if the electricity is 13
accessed through a power card arrangement. 14
`(3) There can be 2 or more customer sale arrangements in place 15
even though there is only 1 contract for the sale of the 16
electricity by the electricity retailer to a person who is the 17
relevant customer for each of the arrangements. 18
Example-- 19
If, under a contract for the sale of electricity by an electricity retailer to a 20
person, electricity is supplied for consumption at each of 5 separate 21
shops and each supply is measured by a meter, there are 5 customer sale 22
arrangements. 23
`(4) If a national metering identifier has been issued under the 24
National Electricity Rules for the metering installation for a 25
particular supply of electricity for consumption in 26
Queensland, there is only 1 customer sale arrangement for the 27
supply that is measured by 1 or more meters forming part of 28
the installation. 29
Example-- 30
If there is a contract for the sale of electricity by an electricity retailer to 31
a person for consumption at a house, a national metering identifier has 32
been issued for the metering installation for the supply of the electricity 33
and the supply is measured by 3 meters, there is only 1 customer sale 34
arrangement for the supply. 35
`(5) In this section-- 36
s5 10 s6
Community Ambulance Cover and Other Acts
Amendment Bill 2007
arrangement includes an unwritten arrangement or contract, 1
and any of the following, whether or not in writing-- 2
(a) agreement; 3
(b) other arrangement, whether enforceable or not, 4
including an arrangement arising under an Act. 5
National Electricity (Queensland) Law has the meaning 6
given in the Electricity--National Scheme (Queensland) Act 7
1997. 8
National Electricity Rules has the meaning given in the 9
National Electricity (Queensland) Law. 10
national metering identifier see the Electricity Act, schedule 11
5. 12
Notes-- 13
1 A customer sale arrangement may be a retail contract under the 14
Electricity Act. 15
2 Under the Electricity Act, section 49, there are 3 types of retail 16
contract, namely negotiated retail contracts, standard retail 17
contracts and standard large customer retail contracts.'. 18
Clause 5 Amendment of s 14 (Meaning of on-supply arrangement 19
(type 1)) 20
Section 14(1), examples, after `arrangements'-- 21
insert-- 22
`(type 1)'. 23
Clause 6 Amendment of s 15 (Meaning of on-supply arrangement 24
(type 2)) 25
Section 15(1), examples, after `Examples'-- 26
insert-- 27
`of on-supply arrangements (type 2)'. 28
s7 11 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 7 Omission of s 16 (Meaning of contestable sale 1
arrangement) 2
Section 16-- 3
omit. 4
Clause 8 Amendment of s 17 (Person may have more than 1 role) 5
(1) Section 17(1), from `non-contestable' to `sale 6
arrangement,'-- 7
omit, insert-- 8
`relevant customer for a customer sale arrangement'. 9
(2) Section 17(1), example 1, `non-contestable customer for a 10
standard contract'-- 11
omit, insert-- 12
`relevant customer for a customer sale arrangement'. 13
(3) Section 17(1), example 2, `contestable customer for a 14
contestable sale arrangement'-- 15
omit, insert-- 16
`relevant customer for a customer sale arrangement'. 17
Clause 9 Replacement of pt 2 (Standard contracts) 18
Part 2-- 19
omit, insert-- 20
`Part 2 Customer sale arrangements 21
`Division 1 Imposition of levy 22
`22 Imposition of levy on customer sale 23
arrangements 24
`(1) This part imposes the levy on customer sale arrangements. 25
`(2) A liability for the levy is imposed on a customer sale 26
arrangement for each day the arrangement is in place. 27
s9 12 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Note-- 1
Exemptions for the levy are dealt with in divisions 4 and 5. 2
`23 Imposition of levy if there are 2 or more customer 3
sale arrangements in place 4
`(1) This section applies if there are 2 or more customer sale 5
arrangements in place for a day for a particular supply of 6
electricity to particular premises. 7
`(2) For section 22, a liability for the levy for the day is imposed 8
only on that customer sale arrangement for which the 9
electricity retailer for the arrangement is the financially 10
responsible retail entity for the premises for the day. 11
`(3) In this section-- 12
financially responsible retail entity see the Electricity Act, 13
schedule 5. 14
`24 Operation of customer sale arrangement 15
`(1) For this Act, the days a customer sale arrangement is in place 16
do not include the day the arrangement starts, but do include 17
the day the arrangement ends. 18
`(2) Without limiting how and when a customer sale arrangement 19
may end, a customer sale arrangement is taken to end if the 20
supply of electricity for sale under the arrangement is 21
disconnected, other than because of a temporary 22
disconnection or other interruption. 23
`Division 2 Liability for levy 24
`25 When liability for levy is imposed 25
`(1) Liability for the levy is imposed for a day even if no electricity 26
is sold under the arrangement on the day, including, for 27
example, because premises are temporarily unoccupied or 28
because supply of electricity to premises is temporarily 29
disconnected or otherwise interrupted. 30
s9 13 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`(2) However, if the arrangement is put in place for premises not 1
yet connected for the supply of electricity, liability is not 2
imposed until the day the premises are connected. 3
`26 Who is liable to pay levy 4
`(1) The levy imposed on a customer sale arrangement must be 5
paid by the relevant customer for the arrangement. 6
`(2) If 2 or more persons are the relevant customer for the 7
arrangement, all the persons are jointly and severally liable for 8
payment of the levy. 9
`27 Consolidation arrangement does not affect liability 10
for levy 11
`(1) A person must pay the levy for each customer sale 12
arrangement for which the person is the relevant customer. 13
`(2) If a person is the relevant customer for 2 or more customer 14
sale arrangements and a single electricity account is issued for 15
the sale of electricity under all the arrangements, the issue of 16
the single electricity account does not affect the person's 17
liability to pay the levy for each of the arrangements. 18
`Division 3 Calculation of levy 19
`28 Amount of levy 20
`The amount of the levy imposed on a customer sale 21
arrangement for each day the arrangement is in place is the 22
daily levy for the financial year in which the day happens. 23
s9 14 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`Division 4 Exempt customer sale 1
arrangements generally 2
`29 Exemption from liability for levy 3
`Liability for the levy is not imposed on a customer sale 4
arrangement for a day if, on that day or for any part of that 5
day, the arrangement is an exempt customer sale arrangement. 6
`30 Exemption on 2 or more grounds 7
`(1) This section applies to a customer sale arrangement if-- 8
(a) a number of circumstances mentioned in division 5 9
apply to the arrangement; and 10
(b) if all the circumstances are considered separately, 11
whether by individual circumstance or individual set of 12
circumstances, the arrangement would be, on the basis 13
of each separate consideration, an exempt customer sale 14
arrangement. 15
`(2) The arrangement is taken to be an exempt customer sale 16
arrangement. 17
Example-- 18
A customer sale arrangement would be an exempt customer sale 19
arrangement if all electricity sold under the arrangement is supplied to a 20
farming shed and to a pump used for irrigation. 21
`Division 5 Particular exemptions 22
`31 Exemption for later customer sale arrangements for 23
separate area 24
`(1) This section applies if there are 2 or more customer sale 25
arrangements for the sale of electricity for consumption only 26
at the 1 separate area. 27
`(2) Each of the arrangements that is a later customer sale 28
arrangement is an exempt customer sale arrangement. 29
s9 15 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`(3) For subsection (2), a customer sale arrangement is a later 1
customer sale arrangement if it is not the first of the 2
arrangements to have commenced. 3
Example-- 4
The owner of a shop has 3 customer sale arrangements with an 5
electricity retailer for the sale of electricity for consumption at the shop. 6
Arrangement A was entered into on 31 July 2006. Arrangement B was 7
entered into on 31 August 2006. Arrangement C was entered into on 30 8
September 2006. Arrangements B and C are exempt customer sale 9
arrangements. However, if arrangement A ends and arrangements B and 10
C continue, only arrangement C will be an exempt customer sale 11
arrangement. 12
`32 Pensioner exemption 13
`A customer sale arrangement is an exempt customer sale 14
arrangement if-- 15
(a) either of the following apply-- 16
(i) only 1 person is the relevant customer for the 17
arrangement and the person is a pensioner (the 18
pensioner); 19
(ii) 2 or more persons are the relevant customer for the 20
arrangement and at least 1 of the persons is a 21
pensioner (also the pensioner); and 22
(b) all electricity sold under the arrangement is supplied to 23
premises that are the pensioner's principal place of 24
residence; and 25
(c) any other person sharing the premises, other than a 26
visitor, is at least 1 of the following-- 27
(i) the pensioner's spouse; 28
(ii) a person who is wholly dependent on the 29
pensioner; 30
(iii) another pensioner; 31
(iv) a social security beneficiary who does not pay rent 32
for his or her occupation of the premises; 33
s9 16 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(v) a person who is a carer of the pensioner and who 1
does not pay rent for his or her occupation of the 2
premises. 3
`33 Farming shed exemption 4
`A customer sale arrangement is an exempt customer sale 5
arrangement if all electricity sold under the arrangement is 6
supplied to a farming shed. 7
`34 Pump exemption 8
`A customer sale arrangement is an exempt customer sale 9
arrangement if all electricity sold under the arrangement is 10
supplied to a pump that is-- 11
(a) a water pump used for irrigation, stock or other purposes 12
of primary production; or 13
(b) a water or sewerage pump used for domestic purposes. 14
`35 Hot water system exemption 15
`A customer sale arrangement is an exempt customer sale 16
arrangement if all electricity sold under the arrangement is 17
supplied to a hot water system. 18
`36 Public park facility exemption 19
`A customer sale arrangement is an exempt customer sale 20
arrangement if all electricity sold under the arrangement is 21
supplied to a public park facility. 22
`37 Security lighting exemption 23
`(1) A customer sale arrangement (the relevant arrangement) is 24
an exempt customer sale arrangement if-- 25
(a) all electricity sold under the relevant arrangement is 26
supplied to security lighting for premises; and 27
s9 17 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(b) there is at least 1 other electricity sale arrangement for 1
the premises; and 2
(c) the relevant arrangement is not an exempt customer sale 3
arrangement under the building common account 4
exemption (type 1) or the building common account 5
exemption (type 2). 6
`(2) However, the relevant arrangement is not an exempt customer 7
sale arrangement if-- 8
(a) all electricity sold under the other arrangement, or other 9
arrangements, is supplied to security lighting for the 10
premises; and 11
(b) the relevant arrangement is the first of the electricity sale 12
arrangements to have commenced. 13
`37A Exemption for equipment for medical condition 14
`A customer sale arrangement is an exempt customer sale 15
arrangement if-- 16
(a) all electricity sold under the arrangement is supplied to 17
an item of equipment; and 18
(b) the equipment is for the use of a person for a medical 19
condition the person has-- 20
(i) whether or not the equipment is used only by the 21
person; and 22
(ii) whether or not, when used by the person, the 23
equipment is used only for the medical condition; 24
and 25
(c) the person has written advice from a doctor to the effect 26
of either of the following-- 27
(i) because of the medical condition, the person needs 28
to use the equipment; 29
(ii) because of the medical condition, the person needs 30
to have the equipment readily available for use in a 31
medical emergency; and 32
s9 18 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(d) the equipment is not in premises that are, or that are in 1
the nature of, a hospital, an aged care hostel or a nursing 2
home. 3
`37B Retirement village common account exemption 4
`A customer sale arrangement is an exempt customer sale 5
arrangement if-- 6
(a) all electricity sold under the arrangement is sold for 7
consumption at a retirement village; and 8
(b) all electricity sold under the arrangement is supplied for 9
1 or more of the following-- 10
(i) common facilities for the retirement village; 11
(ii) 1 or more on-supply arrangements; and 12
(c) there is an electricity sale arrangement, other than the 13
customer sale arrangement, for each occupied 14
accommodation unit in the retirement village that is a 15
separate domestic area. 16
Example-- 17
A retirement village has 6 accommodation units. For each occupied 18
accommodation unit that is a separate domestic area, there is a separate 19
customer sale arrangement for the supply of electricity to it. 20
Additionally, the retirement village scheme operator is the relevant 21
customer for a customer sale arrangement for the supply of electricity 22
for the retirement village's common lighting. The customer sale 23
arrangement for the lighting is an exempt customer sale arrangement. 24
`37C Building common account exemption (type 1) 25
`A customer sale arrangement is an exempt customer sale 26
arrangement if-- 27
(a) all electricity sold under the arrangement is sold for 28
consumption at a multi-unit building; and 29
(b) the electricity is supplied for 1 or more of the 30
following-- 31
(i) common facilities for the building; 32
(ii) 1 or more on-supply arrangements; and 33
s9 19 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(c) there is an electricity sale arrangement, other than the 1
customer sale arrangement, for each occupied separate 2
area in the building. 3
Examples-- 4
1 A residential unit building has 6 units and common property. For 5
each occupied unit, there is a separate customer sale arrangement 6
for the supply of electricity to it. Additionally, the body corporate 7
for the residential building is the relevant customer for a customer 8
sale arrangement for the supply of electricity for the building's 9
common lighting. The customer sale arrangement for the lighting is 10
an exempt customer sale arrangement. 11
2 A shopping centre building has 14 shops. For each occupied shop 12
there is an on-supply arrangement (type 1) for the supply of 13
electricity. Electricity for the on-supply arrangements is supplied to 14
the building owner under 1 customer sale arrangement. 15
Additionally, the building owner is the relevant customer for 5 16
customer sale arrangements, all for security lighting for the 17
shopping centre. All 6 customer sale arrangements are exempt 18
customer sale arrangements. 19
3 A residential building consists of 6 flats. For each occupied flat 20
there is an on-supply arrangement (type 2) for the supply of 21
electricity. Electricity for the on-supply arrangements (type 2) is 22
supplied to the building owner under a customer sale arrangement 23
that relates also to the supply of electricity to the building's 24
common use laundry area. The customer sale arrangement is an 25
exempt customer sale arrangement. 26
`37D Building common account exemption (type 2) 27
(2 pensioner occupiers) 28
`(1) A customer sale arrangement is an exempt customer sale 29
arrangement if all the following circumstances apply-- 30
(a) all electricity sold under the arrangement is sold for 31
consumption at a double unit building; 32
(b) the electricity is supplied for 1 or more of the 33
following-- 34
(i) common facilities for the building; 35
(ii) consumption at a separate area; 36
(c) if there were a separate electricity sale arrangement for 37
each separate area in the building, each electricity sale 38
s9 20 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
arrangement would be an exempt arrangement because 1
of the pensioner exemption; 2
(d) the pensioner who occupies each separate area has 3
notified the relevant customer for the arrangement in the 4
approved form of the circumstances supporting the 5
application of paragraph (c). 6
`(2) The pensioner who occupies a separate area is taken to have 7
notified the relevant customer under subsection (1)(d) if an 8
electricity rebate applies for the supply of electricity to the 9
separate area. 10
`37E Building common account exemption (type 2) 11
(1 pensioner occupier) 12
`(1) A customer sale arrangement is an exempt customer sale 13
arrangement if all the following circumstances apply-- 14
(a) all electricity sold under 2 or more electricity sale 15
arrangements (the relevant arrangements) is sold for 16
consumption at a double unit building; 17
(b) the customer sale arrangement is one of the relevant 18
arrangements; 19
(c) all electricity sold under the customer sale arrangement 20
is supplied for 1 or more of the following-- 21
(i) common facilities for the building; 22
(ii) consumption at a separate area; 23
(d) if there were a separate electricity sale arrangement for 24
each separate area in the building, the customer sale 25
arrangement applying for one of the separate areas (the 26
relevant separate area) would be an exempt 27
arrangement because of the pensioner exemption; 28
(e) the pensioner who occupies the relevant separate area 29
has notified the relevant customer for the customer sale 30
arrangement in the approved form of the circumstances 31
supporting the application of paragraph (d); 32
(f) the customer sale arrangement is not the first of the 33
relevant arrangements to have commenced. 34
s9 21 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`(2) The pensioner who occupies the relevant separate area is 1
taken to have notified the relevant customer under subsection 2
(1)(e) if an electricity rebate applies for the supply of 3
electricity to the separate area. 4
`37F Building common account exemption (type 2) 5
(no pensioner occupiers) 6
`A customer sale arrangement is an exempt customer sale 7
arrangement if all the following circumstances apply-- 8
(a) all electricity sold under 3 or more electricity sale 9
arrangements (the relevant arrangements) is sold for 10
consumption at a double unit building; 11
(b) the customer sale arrangement is one of the relevant 12
arrangements; 13
(c) all electricity sold under the customer sale arrangement 14
is supplied for 1 or more of the following-- 15
(i) common facilities for the building; 16
(ii) consumption at a separate area; 17
(d) if there were a separate electricity sale arrangement for 18
each separate area in the building, neither of the 19
customer sale arrangements would be an exempt 20
arrangement because of the pensioner exemption; 21
Note-- 22
The reference to `neither' in this paragraph arises because under 23
the definition double unit building in the schedule, a double unit 24
building has only 2 separate areas. 25
(e) the customer sale arrangement is not the first or second 26
of the relevant arrangements to have commenced. 27
`37G Commonwealth exemption 28
`A customer sale arrangement is an exempt customer sale 29
arrangement if the relevant customer for the arrangement is 30
the Commonwealth. 31
s9 22 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`37H State exemption 1
`(1) A customer sale arrangement is an exempt customer sale 2
arrangement if-- 3
(a) the relevant customer for the arrangement is the State; 4
and 5
(b) all electricity sold under the arrangement is supplied to 6
premises-- 7
(i) that are used only for providing core government 8
services; or 9
(ii) that are public infrastructure. 10
`(2) In this section-- 11
State includes any State instrumentality, authority, 12
corporation or other State entity, including any GOC, and 13
whether or not representing the State, but does not include a 14
local government. 15
`37I Local government exemption 16
`A customer sale arrangement is an exempt customer sale 17
arrangement if-- 18
(a) the relevant customer for the arrangement is a local 19
government; and 20
(b) all electricity sold under the arrangement is supplied to 21
premises-- 22
(i) that are used only for providing core local 23
government services; or 24
(ii) that are public infrastructure. 25
`37J Exemption for religious bodies and other institutions 26
`(1) A customer sale arrangement is an exempt customer sale 27
arrangement if-- 28
(a) the relevant customer for the arrangement is a body, or 29
the trustees of a body, that is either a religious body or a 30
body-- 31
s9 23 s9
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(i) that is controlled by, or associated with, a religious 1
body; and 2
(ii) whose principal object and pursuit is the conduct 3
of activities of a religious nature; and 4
(b) all electricity sold under the arrangement is supplied to 5
premises used solely or almost solely as a church or 6
other public place of worship, or as a church or other 7
public place of worship and an associated hall, other 8
than a hall used or hired out for commercial purposes. 9
`(2) A customer sale arrangement is an exempt customer sale 10
arrangement if-- 11
(a) the relevant customer for the arrangement is an 12
institution or the trustees of an institution; and 13
(b) the principal object or pursuit of the institution is the 14
care of sick, aged, infirm, afflicted or incorrigible 15
persons; and 16
(c) all electricity sold under the arrangement is supplied to 17
premises used solely or almost solely for the purposes of 18
the institution's principal object or pursuit; and 19
(d) the premises are not premises that are, or that are in the 20
nature of, a hospital, an aged care hostel or a nursing 21
home. 22
`(3) A customer sale arrangement is an exempt customer sale 23
arrangement if-- 24
(a) the relevant customer for the arrangement is an 25
institution or the trustees of an institution; and 26
(b) the principal object or pursuit of the institution is the 27
relief of poverty, suffering, distress or misfortune of 28
people; and 29
(c) all electricity sold under the arrangement is supplied to 30
premises used solely or almost solely for the purposes of 31
the institution's principal object or pursuit. 32
`(4) A customer sale arrangement is an exempt customer sale 33
arrangement if-- 34
s 10 24 s 10
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(a) the relevant customer for the arrangement is an 1
institution or the trustees of an institution; and 2
(b) the principal object or pursuit of the institution is the 3
care of children by-- 4
(i) being responsible for them on a full-time basis; and 5
(ii) providing them with all the necessary food, 6
clothing and shelter; and 7
(iii) providing for their general wellbeing and 8
protection; and 9
(c) all electricity sold under the arrangement is supplied to 10
premises used solely or almost solely for the purposes of 11
the institution's principal object or pursuit. 12
`(5) However, a customer sale arrangement is an exempt customer 13
sale arrangement under subsection (2), (3) or (4) only if, under 14
the institution's constitution-- 15
(a) its income and property are used solely for promoting its 16
objects; and 17
(b) no part of its income or property is to be distributed, 18
paid or transferred by way of bonus, dividend or other 19
similar payment to its members; and 20
(c) on its dissolution, the assets remaining after satisfying 21
all debts and liabilities must be transferred to an 22
institution whose principal object or pursuit is that of an 23
institution mentioned in subsection (2), (3) or (4).'. 24
Clause 10 Replacement of ss 44 and 44A 25
Sections 44 and 44A-- 26
omit, insert-- 27
`44 Exemption for later power card arrangements for 28
separate area 29
`(1) This section applies if there are 2 or more power card 30
arrangements that relate to the sale of electricity for 31
consumption only at the 1 separate area. 32
s 11 25 s 13
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`(2) Each of the arrangements that is a later power card 1
arrangement is an exempt power card arrangement. 2
`(3) For subsection (2), a power card arrangement is a later power 3
card arrangement if it is not the first of the arrangements to 4
have commenced. 5
Example-- 6
There are 3 power card arrangements for the sale of electricity for 7
consumption at a shop. Power card arrangement A commenced on 31 8
July 2006. Power card arrangement B commenced on 31 August 2006. 9
Power card arrangement C commenced on 30 September 2006. Power 10
card arrangements B and C are exempt power card arrangements. 11
However, if power card arrangement A ends and power card 12
arrangements B and C continue, only power card arrangement C will be 13
an exempt power card arrangement.'. 14
Clause 11 Amendment of s 47E (Retirement village common 15
account exemption) 16
Section 47E, example, `standard contract'-- 17
omit, insert-- 18
`customer sale arrangement'. 19
Clause 12 Omission of pt 5 (Contestable sale arrangements) 20
Part 5-- 21
omit. 22
Clause 13 Amendment of s 87 (Statement of levy liability) 23
(1) Section 87(1), example 1, `non-contestable customer for a 24
standard contract'-- 25
omit, insert-- 26
`relevant customer for a customer sale arrangement'. 27
(2) Section 87(6)(a), `2, 4 or 5'-- 28
omit, insert-- 29
`2 or 4'. 30
s 14 26 s 16
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 14 Amendment of pt 7, div 2, hdg (Notification requirements 1
for standard contracts) 2
Part 7, division 2, heading, `standard contracts'-- 3
omit, insert-- 4
`customer sale arrangements'. 5
Clause 15 Amendment of s 90 (Notification requirement for 6
exemption for standard contract) 7
(1) Section 90, `standard contract'-- 8
omit, insert-- 9
`customer sale arrangement'. 10
(2) Section 90, `non-contestable'-- 11
omit, insert-- 12
`relevant'. 13
Clause 16 Replacement of s 90A (Special provision for notification 14
of hot water system exemption for standard contract 15
instead of s 90) 16
Section 90A-- 17
omit, insert-- 18
`90A Notification requirement for exemption for previous 19
customer sale arrangement 20
`(1) This section applies if-- 21
(a) there was in existence a customer sale arrangement (the 22
previous arrangement) between a relevant customer 23
and electricity retailer; and 24
(b) the customer entered into a new customer sale 25
arrangement (the new arrangement) with the electricity 26
retailer or another electricity retailer in place of the 27
previous arrangement; and 28
(c) there are no other parties to the new arrangement; and 29
s 16 27 s 16
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(d) the previous arrangement and new arrangement relate to 1
the supply of electricity that is measured by the same 2
meter; and 3
(e) the customer had not given, or was not taken to have 4
given under section 90B or 99 or part 13, the electricity 5
retailer for the previous arrangement a notice under 6
section 90(2) in relation to the arrangement. 7
`(2) If the customer claims that the previous arrangement was, or 8
had been for a particular period, an exempt customer sale 9
arrangement, the customer may only notify the electricity 10
retailer for the new arrangement (and not the electricity 11
retailer for the previous arrangement, if that electricity retailer 12
is different to the electricity retailer for the new arrangement) 13
in the approved form of the circumstances supporting the 14
claim. 15
`(3) For subsection (1)(d), the supply of electricity is measured by 16
the same meter even though the meter measuring the supply 17
replaced another meter. 18
`90B When notification for exemption for customer sale 19
arrangement taken to have been given 20
`(1) This section applies if-- 21
(a) there was in existence a customer sale arrangement (the 22
previous arrangement) between a relevant customer 23
and electricity retailer; and 24
(b) the customer entered into a new customer sale 25
arrangement (the new arrangement) with the electricity 26
retailer in place of the previous arrangement; and 27
(c) there are no other parties to the new arrangement; and 28
(d) the previous arrangement and new arrangement relate to 29
the supply of electricity that is measured by the same 30
meter; and 31
(e) the customer had given, or was taken to have given 32
under section 99 or part 13, the electricity retailer a 33
notice under section 90(2) of the circumstances causing 34
s 17 28 s 18
Community Ambulance Cover and Other Acts
Amendment Bill 2007
the previous arrangement to be an exempt customer sale 1
arrangement; and 2
(f) the circumstances mentioned in paragraph (e) continue 3
to apply for the new arrangement. 4
`(2) The customer is taken to have given the electricity retailer a 5
notice under section 90(2) of the circumstances causing the 6
new arrangement to be an exempt customer sale arrangement. 7
`(3) For subsection (1)(d), the supply of electricity is measured by 8
the same meter even though the meter measuring the supply 9
replaced another meter.'. 10
Clause 17 Amendment of s 91 (Notification requirement for loss of 11
exemption for standard contract) 12
(1) Section 91, `standard contract'-- 13
omit, insert-- 14
`customer sale arrangement'. 15
(2) Section 91(2), `non-contestable'-- 16
omit, insert-- 17
`relevant'. 18
(3) Section 91(2), `the contract'-- 19
omit, insert-- 20
`the arrangement'. 21
(4) Section 91-- 22
insert-- 23
`(3) This section applies subject to section 91A.'. 24
Clause 18 Insertion of new s 91A 25
Before part 7, division 3-- 26
insert-- 27
s 18 29 s 18
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`91A Notification requirement for loss of exemption for 1
previous customer sale arrangement 2
`(1) This section applies if-- 3
(a) there was in existence a customer sale arrangement (the 4
previous arrangement) between a relevant customer 5
and electricity retailer; and 6
(b) the customer enters into a new customer sale 7
arrangement (the new arrangement) with the electricity 8
retailer or another electricity retailer in place of the 9
previous arrangement; and 10
(c) there are no other parties to the new arrangement; and 11
(d) the previous arrangement and new arrangement relate to 12
the supply of electricity that is measured by the same 13
meter; and 14
(e) the previous arrangement was, immediately before 15
being replaced by the new arrangement, being dealt with 16
by the electricity retailer for the previous arrangement, 17
for the purposes of electricity accounts, as an exempt 18
customer sale arrangement; and 19
(f) the previous arrangement stopped being an exempt 20
customer sale arrangement before being replaced by the 21
new arrangement. 22
`(2) The customer must, within 28 days after the previous 23
arrangement stopped being an exempt customer sale 24
arrangement, notify the electricity retailer for the new 25
arrangement in the approved form-- 26
(a) that the previous arrangement had stopped being an 27
exempt customer sale arrangement; and 28
(b) when the previous arrangement stopped being an 29
exempt customer sale arrangement. 30
`(3) For subsection (1)(d), the supply of electricity is measured by 31
the same meter even though the meter measuring the supply 32
replaced another meter.'. 33
s 19 30 s 23
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 19 Omission of s 92A (Special provision for notification of 1
hot water system exemption for power card arrangement 2
instead of s 92(2)) 3
Section 92A-- 4
omit. 5
Clause 20 Omission of pt 7, div 5 (Notification requirements for 6
contestable sale arrangements) 7
Part 7, division 5-- 8
omit. 9
Clause 21 Amendment of s 99 (Particular exemptions taken to be 10
notified under divs 25) 11
(1) Section 99, heading, `divs 25'-- 12
omit, insert-- 13
`div 2, 3 or 4'. 14
(2) Section 99(1), `2, 3, 4 or 5'-- 15
`2, 3 or 4'. 16
(3) Section 99, `2, 3 or 5'-- 17
`2 or 3'. 18
Clause 22 Amendment of s 100 (Notification for government 19
exemptions) 20
Section 100, `2, 3, 4 or 5'-- 21
`2, 3 or 4'. 22
Clause 23 Amendment of s 104 (Voluntary contributions) 23
(1) Section 104(1)(a)-- 24
omit. 25
(2) Section 104(1)(b), `the electricity sale arrangement'-- 26
omit, insert-- 27
s 24 31 s 24
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`a customer sale arrangement'. 1
(3) Section 104(1)(d), `electricity customer'-- 2
omit, insert-- 3
`relevant customer'. 4
(4) Section 104(1)(c) and (d), `electricity sale'-- 5
omit. 6
(5) Section 104(1)(b), (c) and (d)-- 7
renumber as section 104(1)(a), (b) and (c). 8
Clause 24 Insertion of new s 105A 9
Before part 7, division 8-- 10
insert-- 11
`105A Requirement to pay shortfall amount for previous 12
customer sale arrangement 13
`(1) This section applies if-- 14
(a) there was in existence a customer sale arrangement (the 15
previous arrangement) between a relevant customer 16
and electricity retailer; and 17
(b) the customer enters into a new customer sale 18
arrangement (the new arrangement) with the electricity 19
retailer or another electricity retailer in place of the 20
previous arrangement; and 21
(c) there are no other parties to the new arrangement; and 22
(d) the previous arrangement and new arrangement relate to 23
the supply of electricity that is measured by the same 24
meter; and 25
(e) the previous arrangement was, immediately before 26
being replaced by the new arrangement, being dealt with 27
by the electricity retailer for the previous arrangement, 28
for the purposes of electricity accounts, as an exempt 29
customer sale arrangement. 30
`(2) If the electricity retailer for the new arrangement becomes 31
aware of a shortfall amount payable by the customer in 32
s 25 32 s 26
Community Ambulance Cover and Other Acts
Amendment Bill 2007
relation to the previous arrangement, the electricity retailer 1
must give written notice to the customer of the shortfall 2
amount. 3
`(3) If a notice is given under subsection (2), section 105(3) to (7) 4
apply as if the notice was given under section 105(1). 5
`(4) For subsection (1)(d), the supply of electricity is measured by 6
the same meter even though the meter measuring the supply 7
replaced another meter.'. 8
Clause 25 Amendment of s 107 (Refund of overpaid levy for 9
electricity sale arrangement) 10
Section 107(4), `but'-- 11
omit, insert-- 12
`that'. 13
Clause 26 Insertion of new s 107A 14
After section 107-- 15
`107A Refund of overpaid levy for previous customer sale 16
arrangement 17
`(1) This section applies if-- 18
(a) there was in existence a customer sale arrangement (the 19
previous arrangement) between a relevant customer 20
and electricity retailer; and 21
(b) the customer entered into a new customer sale 22
arrangement (the new arrangement) with the electricity 23
retailer or another electricity retailer in place of the 24
previous arrangement; and 25
(c) there are no other parties to the new arrangement; and 26
(d) the previous arrangement and new arrangement relate to 27
the supply of electricity that is measured by the same 28
meter; and 29
(e) as required by a statement of levy liability, the customer 30
paid the electricity retailer for the previous arrangement 31
s 26 33 s 26
Community Ambulance Cover and Other Acts
Amendment Bill 2007
a levy amount (the paid amount) for the previous 1
arrangement; and 2
(f) some or all of the paid amount (the refund amount) 3
relates to a period of 1 or more days when the previous 4
arrangement was an exempt customer sale arrangement. 5
`(2) The customer may claim the refund amount by giving the 6
electricity retailer for the new arrangement a claim in the 7
approved form or by complying with the notification 8
requirements under section 90A.1 9
`(3) If the electricity retailer for the new arrangement is satisfied 10
the customer is entitled to the refund amount, the electricity 11
retailer must-- 12
(a) pay the refund amount to the customer; or 13
(b) provide the customer with a credit for the refund amount 14
in the next statement of levy liability issued to the 15
customer. 16
`(4) However, the electricity retailer for the new arrangement must 17
apply all or part of the refund amount as payment for any levy 18
amount the customer is liable to pay for the arrangement that 19
has not been paid. 20
`(5) A person is not entitled to a refund under this section if-- 21
(a) more than 1 year has elapsed since the paid amount was 22
paid; and 23
(b) in the year, the person has not claimed the refund in the 24
way provided for in this section. 25
`(6) For subsection (1)(d), the supply of electricity is measured by 26
the same meter even though the meter measuring the supply 27
replaced another meter.'. 28
1 Section 90A (Notification requirement for exemption for previous customer sale
arrangement)
s 27 34 s 29
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 27 Amendment of s 124B (Recovery of levy amount from 1
pensioner prohibited for standard contract) 2
(1) Section 124B, `standard contract'-- 3
omit, insert-- 4
`customer sale arrangement'. 5
(2) Section 124B(1), `section 33H,'-- 6
omit, insert-- 7
`section 37E,'. 8
(3) Section 124B(1), `section 33H(1)(f)'-- 9
omit, insert-- 10
`section 37E(1)(f)'. 11
(4) Section 124B(1)(a), `section 33H(1)(e)'-- 12
omit, insert-- 13
`section 37E(1)(e)'. 14
(5) Section 124B(1)(b), `section 33H(2)'-- 15
omit, insert-- 16
`section 37E(2)'. 17
(6) Section 124B, `non-contestable'-- 18
omit, insert-- 19
`relevant'. 20
Clause 28 Omission of s 124C (Recovery of levy amount from 21
pensioner prohibited for contestable sale arrangement) 22
Section 124C-- 23
omit. 24
Clause 29 Replacement of pt 12 (Transitional provisions) 25
Part 12-- 26
omit, insert-- 27
s 30 35 s 30
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`Part 12 Transitional provision for 1
Electricity and Other 2
Legislation Amendment Act 3
2006 4
`155 Negotiated retail contract entered into under the 5
Electricity Act, s 312(2) 6
`(1) This section applies if, before or after the commencement of 7
this section, a non-contestable customer for premises entered 8
or enters into a negotiated retail contract for the premises 9
under the Electricity Act, s 312(2).2 10
`(2) The contract is not, and never was, a standard contract.'. 11
Clause 30 Insertion of new pt 13 12
After section 155-- 13
insert-- 14
`Part 13 Transitional provisions for 15
Community Ambulance Cover 16
and Other Acts Amendment Act 17
2007 18
`156 Definitions for pt 13 19
`In this part-- 20
commencement means the day this section commences. 21
former, for a provision mentioned in this part, means the 22
provision to which the reference relates is a provision of the 23
pre-amended Act. 24
pre-amended Act means this Act as in force before the 25
commencement. 26
2 Electricity Act, section 312 (Small customer may enter into negotiated retail
contract before FRC day)
s 30 36 s 30
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`157 When notification for exemption for corresponding 1
arrangements taken to have been given 2
`(1) This section applies if-- 3
(a) a standard contract or contestable sale arrangement (the 4
previous arrangement) in force under the pre-amended 5
Act immediately before the commencement becomes, 6
on the commencement, 1 or more customer sale 7
arrangements (the corresponding arrangements); and 8
(b) the customer for the previous arrangement had given, or 9
was taken to have given under former section 99, the 10
electricity retailer for the arrangement a notice under 11
former section 90(2) or former section 97(2) of the 12
circumstances causing the arrangement to be an exempt 13
standard contract or exempt contestable sale 14
arrangement under the pre-amended Act. 15
`(2) The customer is taken to have given the electricity retailer for 16
the corresponding arrangements a notice under section 90(2) 17
of the circumstances causing the arrangements to be exempt 18
customer sale arrangements. 19
`(3) The circumstances mentioned in subsection (2) are taken to be 20
identical to the circumstances mentioned in subsection (1)(b). 21
`158 Notification requirement for exemption for standard 22
contract or contestable sale arrangement under 23
pre-amended Act--corresponding arrangements 24
`(1) This section applies if a standard contract or contestable sale 25
arrangement (the previous arrangement) in force under the 26
pre-amended Act immediately before the commencement 27
becomes, on the commencement, 1 or more customer sale 28
arrangements (the corresponding arrangements). 29
`(2) If the relevant customer for the corresponding arrangements 30
claims that the previous arrangement was, or had been for a 31
particular period, an exempt standard contract or exempt 32
contestable sale arrangement under the pre-amended Act, the 33
customer may notify the electricity retailer for the 34
corresponding arrangements in the approved form of the 35
circumstances supporting the claim. 36
s 30 37 s 30
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`159 Refund of overpaid levy for standard contract or 1
contestable sale arrangement under pre-amended 2
Act--corresponding arrangements 3
`(1) This section applies if-- 4
(a) a standard contract or contestable sale arrangement (the 5
previous arrangement) in force under the pre-amended 6
Act immediately before the commencement becomes, 7
on the commencement, 1 or more customer sale 8
arrangements (the corresponding arrangements); and 9
(b) as required by a statement of levy liability, the customer 10
for the previous arrangement paid under the 11
pre-amended Act the electricity retailer for the 12
arrangement a levy amount (the paid amount) for the 13
arrangement; and 14
(c) some or all of the paid amount (the refund amount) 15
relates to a period of 1 or more days when the 16
arrangement was an exempt standard contract or exempt 17
contestable sale arrangement under the pre-amended 18
Act. 19
`(2) The customer may claim the refund amount by giving the 20
electricity retailer for the corresponding arrangements a claim 21
in the approved form or by complying with the notification 22
requirements under section 158. 23
`(3) If the electricity retailer for the corresponding arrangements is 24
satisfied the customer is entitled to the refund amount, the 25
electricity retailer must-- 26
(a) pay the refund amount to the customer; or 27
(b) provide the customer with a credit for the refund amount 28
in the next statement of levy liability issued to the 29
customer. 30
`(4) However, the electricity retailer must apply all or part of the 31
refund amount as payment for any levy amount the customer 32
is liable to pay for 1 or more of the arrangements that has not 33
been paid. 34
`(5) A person is not entitled to a refund under this section if-- 35
s 30 38 s 30
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(a) more than 1 year has elapsed since the paid amount was 1
paid; and 2
(b) in the year, the person has not claimed the refund in the 3
way provided for in this section. 4
`160 Notification requirement for exemption for standard 5
contract or contestable sale arrangement under 6
pre-amended Act--new arrangements 7
`(1) This section applies if-- 8
(a) a standard contract or contestable sale arrangement (the 9
previous arrangement) in force under the pre-amended 10
Act immediately before the commencement becomes, 11
on the commencement, 1 or more customer sale 12
arrangements (the corresponding arrangements); and 13
(b) the relevant customer for the corresponding 14
arrangements enters into new customer sale 15
arrangements (the new arrangements) with the 16
electricity retailer for the corresponding arrangements or 17
another electricity retailer in place of the corresponding 18
arrangements; and 19
(c) there are no other parties to the new arrangements; and 20
(d) the previous arrangement and new arrangements relate 21
to the supply of electricity that is measured by the same 22
meter; and 23
(e) the customer had not given, or was not taken to have 24
given under former section 99, the electricity retailer for 25
the previous arrangement a notice under former section 26
90(2) or former section 97(2) of the circumstances 27
causing the arrangement to be an exempt standard 28
contract or exempt contestable sale arrangement under 29
the pre-amended Act. 30
`(2) If the customer claims that the previous arrangement was, or 31
had been for a particular period, an exempt standard contract 32
or exempt contestable sale arrangement under the 33
pre-amended Act, the customer may only notify the electricity 34
retailer for the new arrangements (and not the electricity 35
retailer for the previous arrangement, if that electricity retailer 36
s 30 39 s 30
Community Ambulance Cover and Other Acts
Amendment Bill 2007
is different to the electricity retailer for the new arrangements) 1
in the approved form of the circumstances supporting the 2
claim. 3
`(3) For subsection (1)(d), the supply of electricity is measured by 4
the same meter even though the meter measuring the supply 5
replaced another meter. 6
`161 Refund of overpaid levy for standard contract or 7
contestable sale arrangement under pre-amended 8
Act--new arrangements 9
`(1) This section applies if-- 10
(a) a standard contract or contestable sale arrangement (the 11
previous arrangement) in force under the pre-amended 12
Act immediately before the commencement becomes, 13
on the commencement, 1 or more customer sale 14
arrangements (the corresponding arrangements); and 15
(b) the relevant customer for the corresponding 16
arrangements enters into new customer sale 17
arrangements (the new arrangements) with the 18
electricity retailer for the corresponding arrangements or 19
another electricity retailer in place of the corresponding 20
arrangements; and 21
(c) there are no other parties to the new arrangements; and 22
(d) the previous arrangement and new arrangements relate 23
to the supply of electricity that is measured by the same 24
meter; and 25
(e) as required by a statement of levy liability, the customer 26
paid under the pre-amended Act the electricity retailer 27
for the previous arrangement a levy amount (the paid 28
amount) for the arrangement; and 29
(f) some or all of the paid amount (the refund amount) 30
relates to a period of 1 or more days when the 31
arrangement was an exempt standard contract or exempt 32
contestable sale arrangement under the pre-amended 33
Act. 34
s 30 40 s 30
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`(2) The customer may claim the refund amount by giving the 1
electricity retailer for the new arrangements a claim in the 2
approved form or by complying with the notification 3
requirements under section 160. 4
`(3) If the electricity retailer for the new arrangements is satisfied 5
the customer is entitled to the refund amount, the electricity 6
retailer must-- 7
(a) pay the refund amount to the customer; or 8
(b) provide the customer with a credit for the refund amount 9
in the next statement of levy liability issued to the 10
customer. 11
`(4) However, the electricity retailer must apply all or part of the 12
refund amount as payment for any levy amount the customer 13
is liable to pay for 1 or more of the arrangements that has not 14
been paid. 15
`(5) A person is not entitled to a refund under this section if-- 16
(a) more than 1 year has elapsed since the paid amount was 17
paid; and 18
(b) in the year, the person has not claimed the refund in the 19
way provided for in this section. 20
`(6) For subsection (1)(d), the supply of electricity is measured by 21
the same meter even though the meter measuring the supply 22
replaced another meter. 23
`162 Notification requirement for loss of exemption for 24
standard contract or contestable sale arrangement 25
under pre-amended Act 26
`(1) This section applies if-- 27
(a) a standard contract or contestable sale arrangement (the 28
previous arrangement) in force under the pre-amended 29
Act immediately before the commencement becomes, 30
on the commencement, 1 or more customer sale 31
arrangements (the corresponding arrangements); and 32
(b) the relevant customer for the corresponding 33
arrangements enters into new customer sale 34
arrangements (the new arrangements) with the 35
s 30 41 s 30
Community Ambulance Cover and Other Acts
Amendment Bill 2007
electricity retailer for the corresponding arrangements or 1
another electricity retailer in place of the corresponding 2
arrangements; and 3
(c) there are no other parties to the new arrangements; and 4
(d) the previous arrangement and new arrangements relate 5
to the supply of electricity that is measured by the same 6
meter; and 7
(e) the previous arrangement was, immediately before the 8
commencement, being dealt with under the 9
pre-amended Act by the electricity retailer for the 10
arrangement, for the purposes of electricity accounts, as 11
an exempt standard contract or exempt contestable sale 12
arrangement; and 13
(f) the arrangement stopped being an exempt standard 14
contract or exempt contestable sale arrangement under 15
the pre-amended Act. 16
`(2) The customer must, within 28 days after the arrangement 17
stopped being an exempt standard contract or exempt 18
contestable sale arrangement under the pre-amended Act, 19
notify the electricity retailer for the new arrangements in the 20
approved form-- 21
(a) that the arrangement had stopped being an exempt 22
standard contract or exempt contestable sale 23
arrangement under the pre-amended Act; and 24
(b) when the arrangement stopped being an exempt 25
standard contract or exempt contestable sale 26
arrangement under the pre-amended Act. 27
`(3) For subsection (1)(d), the supply of electricity is measured by 28
the same meter even though the meter measuring the supply 29
replaced another meter. 30
`163 Requirement to pay shortfall amount for standard 31
contract or contestable sale arrangement under 32
pre-amended Act 33
`(1) This section applies if-- 34
s 30 42 s 30
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(a) a standard contract or contestable sale arrangement (the 1
previous arrangement) in force under the pre-amended 2
Act immediately before the commencement becomes, 3
on the commencement, 1 or more customer sale 4
arrangements (the corresponding arrangements); and 5
(b) the relevant customer for the corresponding 6
arrangements enters into new customer sale 7
arrangements (the new arrangements) with the 8
electricity retailer for the corresponding arrangements or 9
another electricity retailer in place of the corresponding 10
arrangements; and 11
(c) there are no other parties to the new arrangements; and 12
(d) the previous arrangement and new arrangements relate 13
to the supply of electricity that is measured by the same 14
meter; and 15
(e) the previous arrangement was, immediately before the 16
commencement, being dealt with under the 17
pre-amended Act by the electricity retailer for the 18
arrangement, for the purposes of electricity accounts, as 19
an exempt standard contract or exempt contestable sale 20
arrangement; and 21
(f) the arrangement stopped being an exempt standard 22
contract or exempt contestable sale arrangement under 23
the pre-amended Act. 24
`(2) If the electricity retailer for the new arrangements becomes 25
aware of a shortfall amount payable by the customer for a 26
period that includes a period after the arrangement stopped 27
being an exempt standard contract or exempt contestable sale 28
arrangement under the pre-amended Act, the electricity 29
retailer must give written notice to the customer of the 30
shortfall amount. 31
`(3) If a notice is given under subsection (2), section 105(3) to (7) 32
apply as if the notice was given under section 105(1). 33
`(4) For subsection (1)(d), the supply of electricity is measured by 34
the same meter even though the meter measuring the supply 35
replaced another meter.'. 36
s 31 43 s 31
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 31 Amendment of schedule (Dictionary) 1
(1) Schedule, definitions contestable customer, contestable sale 2
arrangement, disconnection provisions, exempt contestable 3
sale arrangement, exempt standard contract, non-contestable 4
customer, pensioner, relevant contestable customer and 5
standard contract-- 6
omit. 7
(2) Schedule-- 8
insert-- 9
`commencement, for part 13, see section 156. 10
customer sale arrangement see section 10. 11
disconnection provisions means a regulation made under the 12
Electricity Act, or a provision of any industry code under that 13
Act, that permits, requires, or otherwise provides for, the 14
disconnection of supply of electricity under that Act. 15
exempt customer sale arrangement means a customer sale 16
arrangement that is an exempt customer sale arrangement 17
under part 2, division 5. 18
former, for part 13, see section 156. 19
pensioner means a person who is the holder of a current card 20
of one of the following types-- 21
(a) a pensioner concession card issued by the department of 22
the Commonwealth responsible for administering either 23
of the following-- 24
(i) the Social Security Act 1991 (Cwlth); 25
(ii) the Veterans' Entitlements Act 1986 (Cwlth); 26
(b) a repatriation health card for all conditions (Gold Card) 27
issued by the department of the Commonwealth 28
responsible for administering the Veterans' Entitlements 29
Act 1986 (Cwlth); 30
(c) a Queensland Government seniors card. 31
pre-amended Act, for part 13, see section 156. 32
relevant customer see section 10(1).'. 33
s 31 44 s 31
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(3) Schedule, definition building common account exemption 1
(type 1), `33F, 47F or 74F'-- 2
omit, insert-- 3
`37C or 47F'. 4
(4) Schedule, definition building common account exemption 5
(type 2), `33G, 33H, 33I, 74G, 74H or 74I'-- 6
omit, insert-- 7
`37D, 37E or 37F'. 8
(5) Schedule, definition electricity customer, paragraph (a)-- 9
omit, insert-- 10
`(a) the relevant customer for a customer sale arrangement, 11
if the electricity retailer is the electricity retailer that 12
sells electricity to the customer; or'. 13
(6) Schedule, definition electricity customer, paragraph (d)-- 14
omit. 15
(7) Schedule, definition electricity sale arrangement, paragraph 16
(a)-- 17
omit, insert-- 18
`(a) a customer sale arrangement; or'. 19
(8) Schedule, definition electricity sale arrangement, paragraph 20
(d)-- 21
omit. 22
(9) Schedule, definition exempt arrangement, paragraph (a)-- 23
omit, insert-- 24
`(a) an exempt customer sale arrangement; or'. 25
(10) Schedule, definition exempt arrangement, paragraph (d)-- 26
omit. 27
(11) Schedule, definition government exemption, `34, 35, 36, 48, 28
49, 50, 60, 61, 62, 75, 76 or 77'-- 29
omit, insert-- 30
`37G, 37H, 37I, 48, 49, 50, 60, 61 or 62'. 31
s 31 45 s 31
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(12) Schedule, definition hot water system exemption, `33A, 47A 1
or 74A'-- 2
omit, insert-- 3
`35 or 47A'. 4
(13) Schedule, definition pensioner exemption, `31, 45, 58 or 5
72'-- 6
omit, insert-- 7
`32, 45 or 58'. 8
(14) Schedule, definition pump exemption, `33, 47 or 74'-- 9
omit, insert-- 10
`34 or 47'. 11
(15) Schedule, definition relevant electricity retailer, paragraph 12
(a)-- 13
omit, insert-- 14
`(a) for a customer sale arrangement--the electricity retailer 15
who sells electricity to the relevant customer for the 16
arrangement; or'. 17
(16) Schedule, definition relevant electricity retailer, paragraph 18
(d)-- 19
omit. 20
(17) Schedule, definition retirement village common account 21
exemption, `33E, 47E or 74E'-- 22
omit, insert-- 23
`37B or 47E'. 24
(18) Schedule, definition social security beneficiary, paragraph 25
(b)-- 26
omit, insert-- 27
`(b) the Veterans' Entitlements Act 1986 (Cwlth).'. 28
(19) Schedule, definition statement of levy liability, `5'-- 29
omit, insert-- 30
`4'. 31
s 32 46 s 35
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Part 3 Amendment of Electricity Act 1
1994 2
Clause 32 Act amended in pt 3 3
This part amends the Electricity Act 1994. 4
Clause 33 Amendment of s 318 (Street lighting with non-metered 5
connection point) 6
(1) Section 318, heading-- 7
omit, insert-- 8
`318 Particular unmetered street lighting'. 9
(2) Section 318(1)(a)-- 10
omit, insert-- 11
`(a) has an unmetered connection point or supply point for 12
the delivery of electricity; and'. 13
Clause 34 Amendment of s 319 (Other unmetered connection 14
points) 15
Section 319(1), from `under the National Electricity Rules'-- 16
omit, insert-- 17
`the premises has an unmetered connection point or supply 18
point for the delivery of electricity. 19
Example-- 20
a telephone booth'. 21
Clause 35 Insertion of new s 319A 22
After section 319-- 23
insert-- 24
`319A Particular watchman lights 25
`(1) This section applies to NMI premises that, when the FRC day 26
starts, consist only of a watchman light. 27
s 36 47 s 37
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`(2) However, this section applies only if the financially 1
responsible retail entity for the premises is not an area retail 2
entity. 3
`(3) From the FRC day to the day prescribed under a regulation the 4
post-amended Act applies to a customer in relation to the 5
premises as if the customer were an excluded customer for the 6
premises. 7
`(4) Despite new sections 48A and 48B, the financially 8
responsible retail entity for the premises may provide 9
customer retail services to the customer for the premises.'. 10
Clause 36 Amendment of s 320 (Obligation to decide notified prices 11
for 20062007 financial year on basis of post amended 12
Act) 13
(1) Section 320, heading-- 14
omit, insert-- 15
`320 Obligation to decide notified prices for 20072008 16
financial year on basis of post-amended Act 17
(2) Section 320(1), from `for--'-- 18
omit, insert-- 19
`for customer retail services.'. 20
Part 4 Amendment of Electricity and 21
Other Legislation Amendment 22
Act 2006 23
Clause 37 Act amended in pt 4 24
This part amends the Electricity and Other Legislation 25
Amendment Act 2006. 26
s 38 48 s 39
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 38 Amendment of s 5 (Replacement of ss 23 and 23A of Act 1
No. 64 of 1994) 2
(1) Section 5, inserted section 23(2), `supply network'-- 3
omit, insert-- 4
`distribution entity's supply network'. 5
(2) Section 5, inserted section 23(3)-- 6
omit. 7
(3) Section 5, inserted section 23(4), (5) and (6)-- 8
renumber as inserted section 23(3), (4) and (5). 9
(4) Section 5, inserted section 23(6)-- 10
omit, insert-- 11
` `(6) An excluded customer is a customer whose premises are 12
connected, or to be connected, to a distribution entity's supply 13
network that is not connected to the national grid.'. 14
(5) Section 5, inserted section 23(4), as renumbered, `subsection 15
(4)'-- 16
omit, insert-- 17
`subsection (3)'. 18
Clause 39 Amendment of s 13 (Replacement of ss 4855C of Act No. 19
64 of 1994) 20
(1) Section 13, inserted section 48A(2), `, other than an excluded 21
customer'-- 22
omit. 23
(2) Section 13, inserted section 48A(3)-- 24
renumber as inserted section 48A(4). 25
(3) Section 13, inserted section 48A-- 26
insert-- 27
` `(3) Despite subsection (2), a retail authority without a retail area 28
authorises its holder to provide customer retail services to an 29
excluded customer's premises only if the provision of the 30
services is required under the retail obligation. 31
s 39 49 s 39
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Note-- 1
For when the obligation applies, see section 48E(3).'. 2
(4) Section 13, inserted section 48B(b)-- 3
renumber as section 48B(c). 4
(5) Section 13, inserted section 48B-- 5
insert-- 6
`(b) the entity is not the area retail entity for the premises, 7
but the provision of the services is required under the 8
retail obligation; or'. 9
(6) Section 13, inserted section 48C(3), from `to the area'-- 10
omit, insert-- 11
`to a retail entity if-- 12
(a) the entity is the area retail entity for the premises; or 13
(b) all of the following apply-- 14
(i) the premises are NMI premises; 15
(ii) the customer is a small customer for the premises; 16
(iii) the customer has been, or the immediately 17
preceding customer for the premises was, a large 18
market customer for the premises.'. 19
(7) Section 13, inserted section 48D(1)(b)-- 20
omit, insert-- 21
`(b) the premises is, or is proposed to be, connected to a 22
supply network; and 23
(c) the customer is not a large market customer for the 24
premises.'. 25
(8) Section 13, inserted section 48D(3), `subsection (2)(b)'-- 26
omit, insert-- 27
`subsection (2)'. 28
(9) Section 13, inserted section 48D(3), `are not, or have never 29
been,'-- 30
omit, insert-- 31
s 40 50 s 40
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`are, are not or have never been'. 1
(10) Section 13, inserted section 48D(4)-- 2
insert-- 3
`supply network means a distribution entity's supply 4
network.'. 5
(11) Section 13, inserted section 48E(1), `This section'-- 6
omit, insert-- 7
`Subsection (2)'. 8
(12) Section 13, inserted section 48E-- 9
insert-- 10
` `(3) If, under section 48C(3)(b), an excluded customer for 11
premises makes a retail services application to the financially 12
responsible retail entity for the premises, the entity must 13
provide the customer retail services applied for to the 14
premises.'. 15
(13) Section 13, inserted section 50-- 16
insert-- 17
` `(3) In this section-- 18
supply network means a distribution entity's supply network.'. 19
(14) Section 13, inserted section 54(3), `non-DUOS charges'-- 20
omit, insert-- 21
`distribution non-network charges'. 22
Clause 40 Amendment of s 16 (Insertion of new s 55G and new ch 2, 23
pt 6A of Act No. 64 of 1994) 24
(1) Section 16, inserted section 55G(3), (4) and (5)-- 25
renumber as inserted section 55G(4), (5) and (6). 26
(2) Section 16, inserted section 55G(2)-- 27
omit, insert-- 28
` `(2) The retailer must not enter into a negotiated retail contract, 29
unless it is entered into-- 30
s 41 51 s 41
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(a) for, or as part of, the program known as the `Solar cities 1
programme', administered by the Commonwealth's 2
Australian Greenhouse Office; or 3
(b) for, or as part of, a similar program prescribed under a 4
regulation; or 5
(c) in the other circumstances prescribed under a regulation. 6
`(3) If the retailer enters into a negotiated retail contract as 7
permitted under subsection (2)(a), (b) or (c), the retailer must 8
comply with the conditions prescribed under a regulation 9
for-- 10
(a) the provision of customer retail services under the 11
contract; and 12
(b) if the contract is for, or is part of, a program mentioned 13
in subsection (2)(a) or (b)--the carrying out of activities 14
under the program. 15
Maximum penalty--500 penalty units.'. 16
(3) Section 16, inserted section 55G(5) and (6), as renumbered, 17
`subsection (3)'-- 18
omit, insert-- 19
`subsection (4)'. 20
Clause 41 Amendment of s 22 (Amendment of s 90 (Deciding prices 21
for non-contestable customers) of Act No. 64 of 1994) 22
(1) Section 22(2), inserted section 90(1)(b)-- 23
omit. 24
(2) Section 22(2), inserted section 90(1)(c) and (d)-- 25
renumber as inserted section 90(1)(b) and (c). 26
(3) Section 22(2), inserted section 90(2A)(c)-- 27
omit, insert-- 28
`(c) they may include network charges; 29
(d) they can not be made for distribution non-network 30
charges.'. 31
s 42 52 s 43
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(4) Section 22(4), inserted section 90(10), definitions-- 1
omit, insert-- 2
`distribution non-network charges means charges of a 3
distribution entity, approved by the jurisdictional regulator 4
under the National Electricity (Queensland) Law, that-- 5
(a) are referable to a specific customer or retail entity 6
request; and 7
(b) do not include network charges. 8
Examples of distribution non-network charges-- 9
· a deenergisation or disconnection fee 10
· a reconnection fee 11
· a meter test fee 12
network charges means charges of a distribution entity for-- 13
(a) distribution use of system charges for the use of a shared 14
supply network of the distribution entity; and 15
(b) any transmission use of system charges payable by the 16
distribution entity for the use of a transmission grid to 17
which the supply network is connected.'. 18
Clause 42 Amendment of s 25 (Insertion of new ch 4, pt 2, div 3 of 19
Act No. 64 of 1994) 20
Section 25, inserted section 91B(2)-- 21
omit, insert-- 22
` `(2) However, indexation under this division only applies to prices 23
for customer retail services decided or fixed under section 24
90(1).'. 25
Clause 43 Amendment of s 30 (Replacement of ch 5, pts 1A1C of 26
Act No. 64 of 1994) 27
(1) Section 30, inserted section 120H(1)(b)-- 28
omit, insert-- 29
`(b) can not be materially detrimental to anyone's interests.'. 30
s 43 53 s 43
Community Ambulance Cover and Other Acts
Amendment Bill 2007
(2) Section 30, inserted section 120P-- 1
omit, insert-- 2
` `120P Application of div 5 3
`This division applies if QCA proposes to amend an industry 4
code. 5
`120PA Required consultation for amendment 6
`(1) Before QCA may make the amendment it must prepare a draft 7
of the amendment and engage in the consultation prescribed 8
under a regulation. 9
`(2) However, subsection (1) does not apply if QCA considers the 10
amendment-- 11
(a) is needed urgently; or 12
(b) does not materially detriment anyone's interests; or 13
(c) is of an uncontroversial nature; or 14
(d) corrects an error. 15
`(3) To remove any doubt, it is declared that subsection (2)(d) 16
applies even if the correction is materially detrimental to 17
someone's interests. 18
`120PB Application of div 3 other than its consultation provision 19
`The provisions of division 3, other than section 120H, apply 20
to the amendment-- 21
(a) as if a reference in the provisions to making the code 22
were a reference to the making of the amendment; and 23
(b) as if a reference in the provisions to the code were a 24
reference to the amendment; and 25
(c) with other necessary changes.'. 26
s 44 54 s 44
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 44 Amendment of s 53 (Amendment of sch 5 (Dictionary) of 1
Act No. 64 of 1994) 2
(1) Section 53(2), inserted definition excluded customer, `section 3
23(3)'-- 4
omit, insert-- 5
`section 23(6)'. 6
(2) Section 53(2), inserted definition financially responsible retail 7
entity, paragraph (b), after `NMI premises'-- 8
insert-- 9
`and are, or are proposed to be, connected to a distribution 10
entity's supply network that is part of the national grid'. 11
(3) Section 53(2), inserted definition financially responsible retail 12
entity, paragraph (b)(ii), `other entity'-- 13
omit, insert-- 14
`other retail entity'. 15
(4) Section 53(2), inserted definition financially responsible retail 16
entity paragraph (b)(ii)(B), `the responsible entity.'-- 17
omit, insert-- 18
`the responsible entity; or 19
`(c) if the premises are NMI premises and are, or are 20
proposed to be, connected to a distribution entity's 21
supply network that is not part of the national grid-- 22
(i) generally--the retail entity who, from time to time, 23
provides customer retail services to a customer at 24
the premises; or 25
(ii) if a customer is a new customer at the premises and 26
has not entered into a retail contract with another 27
retail entity--the retail entity who provided 28
customer retail services to the customer at the 29
premises who immediately preceded the new 30
customer.'. 31
(5) Section 53(2), inserted definition large customer, `section 32
23(6)'-- 33
omit, insert-- 34
s 45 55 s 46
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`section 23(5)'. 1
(6) Section 53(2), inserted definition NMI premises, paragraph 2
1-- 3
omit, insert-- 4
`1 A premises, part of a premises or a group of premises is 5
an NMI premises if-- 6
(a) it is, or is proposed to be, connected to a 7
distribution entity's supply network that is part of 8
the national grid and the premises has, or is 9
proposed to have, a connection point; or 10
(b) it is, or is proposed to be, connected to a 11
distribution entity's supply network that is not part 12
of the national grid and the premises has, or is 13
proposed to have, a supply point for the delivery of 14
electricity.'. 15
(7) Section 53(2), inserted definition small customer, `section 16
23(4)'-- 17
omit, insert-- 18
`section 23(3)'. 19
Clause 45 Amendment of s 108 (Amendment of s 169 (Restriction 20
on general retailers) of Act No. 29 of 2003) 21
Section 108, after `scheme'-- 22
insert-- 23
`, an insufficiency of supply declaration or an insufficiency of 24
supply direction'. 25
Clause 46 Amendment of s 109 (Insertion of new s 170 of Act No. 29 26
of 2003) 27
Section 109, inserted section 170(b), after `scheme'-- 28
insert-- 29
`, an insufficiency of supply declaration or an insufficiency of 30
supply direction'. 31
s 47 56 s 48
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 47 Amendment of s 114 (Replacement of ch 3, pt 2 1
(Customer retail services) of Act No. 29 of 2003) 2
Section 114, inserted section 199, after `is made'-- 3
insert-- 4
`or a longer period agreed between the retailer and the 5
applicant'. 6
Clause 48 Amendment of s 145 (Insertion of new ch 5A of Act No. 29 7
of 2003) 8
(1) Section 145, inserted section 270G(1)(b)-- 9
omit, insert-- 10
`(b) can not be materially detrimental to anyone's interests.'. 11
(2) Section 145, inserted section 270O-- 12
omit, insert-- 13
` `270O Application of pt 4 14
`This part applies if QCA proposes to amend an industry 15
code. 16
`270OA Required consultation for amendment 17
`(1) Before QCA may make the amendment it must prepare a draft 18
of the amendment and engage in the consultation prescribed 19
under a regulation. 20
`(2) However, subsection (1) does not apply if QCA considers the 21
amendment-- 22
(a) is needed urgently; or 23
(b) does not materially detriment anyone's interests; or 24
(c) is of an uncontroversial nature; or 25
(d) corrects an error. 26
`(3) To remove any doubt, it is declared that subsection (2)(d) 27
applies even if the correction is materially detrimental to 28
someone's interests. 29
s 49 57 s 50
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`270OB Application of pt 2 other than its consultation provision 1
`The provisions of part 2, other than section 270G, apply to 2
the amendment-- 3
(a) as if a reference in the provisions to making the code 4
were a reference to the making of the amendment; and 5
(b) as if a reference in the provisions to the code were a 6
reference to the amendment.'. 7
(3) Section 145, inserted section 270W(1)(a) to (c)-- 8
omit, insert-- 9
`(a) committed a material contravention of an industry code; 10
or 11
(b) attempted to a commit a material contravention of an 12
industry code; or 13
(c) been involved in a material contravention of an industry 14
code.'. 15
Clause 49 Amendment of schedule (Minor and consequential 16
amendments) 17
Schedule, under heading Gas Supply Act 2003-- 18
insert-- 19
`6A Section 257A-- 20
renumber as section 257AA.'. 21
Part 5 Amendment of Breakwater 22
Island Casino Agreement Act 23
1984 24
Clause 50 Act amended in pt 5 25
This part amends the Breakwater Island Casino Agreement 26
Act 1984. 27
s 51 58 s 51
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 51 Insertion of new s 3A 1
After section 3-- 2
insert-- 3
`3A Particular provisions of trustee leases 4
`(1) This section applies to the following (each a relevant lease)-- 5
(a) trustee lease 601414725; 6
(b) trustee lease 703470717; 7
(c) a trustee lease granted over-- 8
(i) if trustee lease 601414725 or 703470717 is 9
surrendered--the trust land to which it relates; or 10
(ii) if land is granted under a deed of grant in trust over 11
all or part of lot 676 on CP909884, however 12
described (the lot 676 trust land)--all or part of 13
the lot 676 trust land; or 14
(iii) a combination of the trust lands mentioned in 15
subparagraphs (i) and (ii); 16
(d) a trustee lease granted to replace 1 or more of the 17
relevant leases mentioned in paragraphs (a) to (c). 18
`(2) Each relevant lease may-- 19
(a) despite the Land Act 1994, section 61(1)3, be granted for 20
a period ending on 23 November 2063; and 21
(b) despite the Land Act 1994, section 58(1)4, allow the 22
trustee lessee of the relevant lease to rent berthing or 23
mooring facilities on the leased land-- 24
(i) under a licence or other similar arrangement; and 25
(ii) only with the written approval of, and on the 26
conditions decided by, the trustee of the trust land 27
to which the relevant lease relates. 28
3 Land Act 1994, section 61 (Conditions on trustee leases and trustee permits)
4 Land Act 1994, section 58 (Other transactions relating to trustee leases)
s 52 59 s 54
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`(3) Subsection (2) applies, and is taken always to have applied, to 1
a relevant lease granted before the commencement of this 2
section. 3
`(4) In this section-- 4
deed of grant in trust see the Land Act 1994, schedule 6. 5
trustee lease see the Land Act 1994, schedule 6. 6
trust land see the Land Act 1994, schedule 6.'. 7
Clause 52 Renumbering of ss 3A and 4 8
Sections 3A and 4-- 9
renumber as sections 4 and 5. 10
Part 6 Amendment of Lotteries Act 11
1997 12
Clause 53 Act amended in pt 6 13
This part amends the Lotteries Act 1997. 14
Clause 54 Amendment of s 130 (Amendment of prizes) 15
(1) Section 130-- 16
insert-- 17
`(4A) A lottery licensee may also pay a prize to a person if, after 18
appropriately investigating the person's claim, having regard 19
to the value of the prize being claimed, the licensee is satisfied 20
the person is entitled to the prize even though-- 21
(a) the person is not registered with the licensee; and 22
(b) the person does not give the licensee the winning lottery 23
ticket for the prize. 24
s 55 60 s 55
Community Ambulance Cover and Other Acts
Amendment Bill 2007
`(4B) Without limiting subsection (5), appropriately investigating 1
the person's claim may include investigating all or any of the 2
following-- 3
(a) when, where and from whom the person claims to have 4
obtained the winning lottery ticket; 5
(b) whether the person can establish a pattern of buying 6
lottery tickets at a particular time and place or on a 7
particular day of the week; 8
(c) whether the lottery licensee or lottery agent who sold 9
the winning lottery ticket has any video or other record 10
of the person's purchase of the ticket; 11
(d) whether the person has previously claimed a prize 12
without holding the winning lottery ticket.'. 13
(2) Section 130(4A) to (5)-- 14
renumber as section (5) to (7). 15
Clause 55 Insertion of new pt 12, div 5 16
After section 251-- 17
insert-- 18
`Division 5 Transitional provision for 19
Community Ambulance Cover and 20
Other Acts Amendment Act 2007 21
`252 Payment of prizes--s 130 22
`Section 130(5) and (6) is taken to apply, and to have always 23
applied, to an approved lottery conducted during the 24
following period immediately before the commencement of 25
this section-- 26
(a) if the approved lottery is prescribed under a regulation 27
as a designated lottery for section 129--3 years; or 28
(b) if paragraph (a) does not apply--7 years.'. 29
s 56 61 s 58
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Part 7 Amendment of State Financial 1
Institutions and Metway Merger 2
Facilitation Act 1996 3
Clause 56 Act amended in pt 7 4
This part amends the State Financial Institutions and Metway 5
Merger Facilitation Act 1996. 6
Clause 57 Amendment of s 64 (Metway group companies' articles to 7
include certain provisions) 8
(1) Section 64(1)(b)-- 9
omit, insert-- 10
`(b) at least the prescribed number of the directors of the 11
company, 1 of whom must be the managing director, to 12
be ordinarily resident in Queensland.'. 13
(2) Section 64-- 14
insert-- 15
`(3) In this section-- 16
prescribed number of the directors of the company means the 17
number that is the greatest of the following-- 18
(a) 5; 19
(b) 40% of the total number of directors; 20
(c) if 40% of the total number of directors is not a whole 21
number, the next highest whole number.'. 22
Part 8 Amendment of Integrated 23
Planning Act 1997 24
Clause 58 Act amended in pt 8 25
This part amends the Integrated Planning Act 1997. 26
s 59 62 s 62
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Clause 59 Amendment of s 3.7.8 (When pt 7 does not apply) 1
Section 3.7.8(1)-- 2
insert-- 3
`(e) the acquisition of land for a water infrastructure 4
facility.'. 5
Clause 60 Amendment of sch 8 (Assessable development and 6
self-assessable development) 7
Schedule 8, part 1, table 3, item 1, column 2-- 8
insert-- 9
`(j) is in relation to the acquisition of land for a water 10
infrastructure facility.'. 11
Clause 61 Amendment of sch 9 (Development that is exempt from 12
assessment against a planning scheme) 13
Schedule 9, table 3, item 2, column 2-- 14
insert-- 15
`(i) is in relation to the acquisition of land for a water 16
infrastructure facility.'. 17
Clause 62 Amendment of sch 10 (Dictionary) 18
Schedule 10-- 19
insert-- 20
`water infrastructure facility means a measure, outcome, 21
works or anything else that Queensland Water Infrastructure 22
Pty Ltd (ACN 119 634 427) is directed to carry out or achieve 23
under-- 24
(a) the State Development and Public Works Organisation 25
Act 1971; or 26
(b) the Water Act 2000.'. 27
© State of Queensland 2007
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