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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
COMMUNITY AMBULANCE
COVER BILL 2003
Queensland
COMMUNITY AMBULANCE COVER
BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introductory provisions
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Object and operation of Act
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Operation of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 State not liable to be prosecuted for offence . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Extra-territorial application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 3--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Notes in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10 Meaning of "standard contract" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Meaning of "power card arrangement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Meaning of "separate area" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Meaning of "separate non-domestic area" . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Meaning of "on-supply arrangement (type 1)" . . . . . . . . . . . . . . . . . . . . . . . 16
15 Meaning of "on-supply arrangement (type 2)" . . . . . . . . . . . . . . . . . . . . . . . 17
16 Meaning of "contestable sale arrangement" . . . . . . . . . . . . . . . . . . . . . . . . . 18
17 Person may have more than 1 role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4--Annual levy and daily levy
18 Basis of imposition of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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19 Annual levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
20 Daily levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Failure to prescribe annual levy and notify daily levy for later financial year 19
PART 2--STANDARD CONTRACTS
Division 1--Imposition of levy
22 Imposition of levy on standard contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Operation of standard contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 2--Liability for levy
24 When liability for levy is imposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Who is liable to pay levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Consolidation arrangement does not affect liability for levy . . . . . . . . . . . . 21
Division 3--Calculation of levy
27 Amount of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Exempt standard contracts generally
28 Exemption from liability for levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 Exemption on 2 or more grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 5--Particular exemptions
30 Exemption for later standard contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
31 Pensioner exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Farming shed exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
33 Pump exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 State exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36 Local government exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Exemption for religious bodies and other institutions. . . . . . . . . . . . . . . . . . 24
PART 3--POWER CARD ARRANGEMENTS
Division 1--Imposition of levy
38 Imposition of levy on power card arrangements . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Liability for levy
39 Who is liable to pay levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Levy on each power card arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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Division 3--Calculation of levy
41 Amount of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Exempt power card arrangements generally
42 Exemption from liability for levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
43 Exemption on 2 or more grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 5--Particular exemptions
44 Exemption for later power card arrangements . . . . . . . . . . . . . . . . . . . . . . . 27
45 Pensioner exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Farming shed exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
47 Pump exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
48 Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
49 State exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
50 Local government exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
51 Exemption for religious bodies and other institutions. . . . . . . . . . . . . . . . . . 29
PART 4--ONSUPPLY ARRANGEMENTS
Division 1--Imposition of levy
52 Imposition of levy on on-supply arrangements . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Liability for levy
53 Who is liable to pay levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Consolidation arrangement does not affect liability for levy . . . . . . . . . . . . 32
Division 3--Calculation of levy
55 Amount of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 4--Exempt on-supply arrangements generally
56 Exemption from liability for levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
57 Exemption on 2 or more grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 5--Particular exemptions
58 Pensioner exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Farming shed exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
60 Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
61 State exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
62 Local government exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
63 Exemption for religious bodies and other institutions. . . . . . . . . . . . . . . . . . 34
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PART 5--CONTESTABLE SALE ARRANGEMENTS
Division 1--Imposition of levy
64 Imposition of levy on contestable sale arrangements . . . . . . . . . . . . . . . . . . 36
65 Operation of contestable sale arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2--Liability for levy
66 When liability for levy is imposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
67 Who is liable to pay levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
68 Consolidation arrangement does not affect liability for levy . . . . . . . . . . . . 37
Division 3--Calculation of levy
69 Amount of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 4--Exempt contestable sale arrangements generally
70 Exemption from liability for levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
71 Exemption on 2 or more grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 5--Particular exemptions
72 Pensioner exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
73 Farming shed exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
74 Pump exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
75 Commonwealth exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
76 State exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
77 Local government exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
78 Exemption for religious bodies and other institutions. . . . . . . . . . . . . . . . . . 40
PART 6--ELECTRICITY RETAILERS AS AGENTS
OF COMMISSIONER
79 General nature and extent of agency of electricity retailer . . . . . . . . . . . . . . 42
80 Role and functions of electricity retailer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
81 Electricity retailer may engage contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . 43
82 Administration agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
83 Administration fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
84 Giving information to the commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
85 Commissioner may perform electricity retailer's obligations . . . . . . . . . . . . 45
86 Commissioner may give directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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PART 7--PAYMENT, RECOVERY AND REFUNDS OF LEVY
Division 1--Statement of levy liability
87 Statement of levy liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
88 Statement of levy liability for power card arrangement . . . . . . . . . . . . . . . . 48
89 Replacement statement of levy liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 2--Notification requirements for standard contracts
90 Notification requirement for exemption for standard contract . . . . . . . . . . . 48
91 Notification requirement for loss of exemption for standard contract . . . . . 49
Division 3--Notification requirements for power card arrangements
92 Notification requirement for exemption for power card arrangement. . . . . . 49
93 Notification requirement for loss of exemption for power card arrangement 50
Division 4--Notification requirements for on-supply arrangements
94 Notification requirement for exemption for on-supply arrangement . . . . . . 51
95 Notification requirement for loss of exemption for on-supply arrangement . 51
96 Returns and notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 5--Notification requirements for contestable sale
arrangements
97 Notification requirement for exemption for contestable sale arrangement . . 53
98 Notification requirement for loss of exemption for contestable
sale arrangement ........................................... 53
Division 6--Special notification provisions
99 Particular exemptions taken to be notified under divs 25 . . . . . . . . . . . . . . 54
100 Notification for government exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 7--Payment of levy
101 Payment of levy amount shown in statement of levy liability. . . . . . . . . . . . 55
102 Priority of application of payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
103 Payment to commissioner of received levy amounts . . . . . . . . . . . . . . . . . . 55
104 Voluntary contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
105 Requirement to pay shortfall amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 8--Refund of overpaid levy
106 Refund made only under this division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
107 Refund of overpaid levy for electricity sale arrangement . . . . . . . . . . . . . . . 57
108 Refund on issue of replacement statement of levy liability . . . . . . . . . . . . . 58
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109 No interest on refund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 9--Waiving payment and writing-off liability
110 Waiver of levy liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
111 Effect of writing-off levy liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 10--Action for non-payment
112 Recovery of unpaid levy amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
113 Disconnection of electricity supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
114 Unpaid levy amount is a debt to the State . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 11--Miscellaneous provisions for power card arrangements
115 Ability of owner to recover levy amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
116 Recovery of levy by owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
117 Failure to notify electricity retailer of exemption information . . . . . . . . . . . 61
118 Payment of refund to entitled person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
119 No recovery from Commonwealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 12--Miscellaneous provisions for on-supply arrangements
120 Ability of on-supplier to recover levy amount . . . . . . . . . . . . . . . . . . . . . . . 63
121 Recovery of levy by on-supplier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
122 Failure to notify electricity retailer of exemption information . . . . . . . . . . . 64
123 Payment of refund to entitled person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
124 No recovery from Commonwealth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 8--LATE PAYMENTS
125 Unpaid levy interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
126 Commissioner may remit unpaid levy interest . . . . . . . . . . . . . . . . . . . . . . . 65
PART 9--REVIEW OF DECISIONS
Division 1--Objections
127 Who may lodge objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
128 Requirements for lodging objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
129 Onus of proof of objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
130 Deciding objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
131 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 2--Appeals
132 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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133 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
134 Onus on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
135 Procedures for hearing appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
136 Deciding appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
137 Appeals to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 3--Decisions not subject to objection, appeal or review
138 What is a "non-reviewable decision" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
139 Effect of a non-reviewable decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
140 Application of Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
PART 10--APPLICATION OF TAXATION ADMINISTRATION
ACT 2001
Division 1--Preliminary
141 This Act as a revenue law for Administration Act. . . . . . . . . . . . . . . . . . . . . 70
Division 2--Confidentiality
142 Application of Administration Act, s 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
143 Use of information obtained under taxation law . . . . . . . . . . . . . . . . . . . . . . 71
Division 3--Record keeping
144 Requirement to keep records for levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 4--Enforcement and legal proceedings
145 Failure to give notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
146 Prohibition on giving false or misleading documents to electricity
retailer, on-supplier or owner ................................ 73
147 Prohibition on giving false or misleading information to electricity
retailer, on-supplier or owner ................................ 74
148 Evidentiary provision for statements of levy liability . . . . . . . . . . . . . . . . . . 74
Division 5--Giving and lodging documents
149 Additional ways of giving documents to commissioner . . . . . . . . . . . . . . . 74
150 Requirement if electricity retailer or authorised subcontractor given
document for commissioner ................................ 75
151 Giving document if more than 1 electricity customer liable to pay
levy for electricity sale arrangement ............................ 75
Division 6--Miscellaneous
152 Lodgment requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
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PART 11--MISCELLANEOUS
153 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
154 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
155 Regulation-making power for introduction of levy . . . . . . . . . . . . . . . . . . . . 76
PART 12--AMENDMENT OF AMBULANCE SERVICE ACT 1991
156 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
157 Amendment of s 19 (Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
158 Amendment of s 29 (Members of committees). . . . . . . . . . . . . . . . . . . . . . . 77
159 Amendment of s 29A (Dealing with vacancy in office of a member). . . . . . 78
160 Omission of s 44 (Unauthorised teaching of first aid). . . . . . . . . . . . . . . . . . 78
161 Omission of s 45 (Unauthorised collections) . . . . . . . . . . . . . . . . . . . . . . . . 78
162 Amendment of s 48 (Restricted use of words `Ambulance Service') . . . . . . 78
163 Insertion of new ss 53B53D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
53B Exemption from payment for ambulance service . . . . . . . . . . . . . . . 78
53C Agreement about payment for ambulance service. . . . . . . . . . . . . . . 79
53D Recovery of fees and charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
164 Amendment of s 54 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
165 Insertion of new pt 8, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 5--Provisions for Community Ambulance Cover Act 2003
92 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
93 Former subscriber's entitlement ends . . . . . . . . . . . . . . . . . . . . . . . . 81
94 Charge not payable for particular ambulance service . . . . . . . . . . . . 81
95 Continuation of written authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
166 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART 13--AMENDMENT OF ELECTRICITY ACT 1994
167 Act amended in pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
168 Insertion of new s 55F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
55F Additional condition to comply with Ambulance Cover Act. . . . . . . 82
169 Insertion of new s 61A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
61A Additional condition to comply with Ambulance Cover Act. . . . . . . 82
170 Insertion of new s 119A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
119A Exclusion of disputes relating to community ambulance cover levy. 82
9
Community Ambulance Cover Bill 2003
171 Amendment of sch 5 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
PART 14--AMENDMENT OF TAXATION ADMINISTRATION
ACT 2001
172 Act amended in pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
173 Amendment of s 6 (Revenue laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 85
DICTIONARY
2003
A BILL
FOR
An Act to provide for a community ambulance cover levy, and for
other purposes
s1 12 s4
Community Ambulance Cover Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introductory provisions 3
1 Short title 4
This Act may be cited as the Community Ambulance Cover Act 2003. 5
2 Commencement 6
Part 12 commences on 1 July 2003. 7
Division 2--Object and operation of Act 8
3 Objects of Act 9
The objects of this Act are-- 10
(a) to impose and collect a levy, to be known as the "community 11
ambulance cover levy", to fund ambulance services in 12
Queensland; and 13
(b) to use the system of supply and sale of electricity as the basis for 14
the imposition and collection of the levy. 15
4 Operation of Act 16
This Act imposes the levy only for days on or after 1 July 2003. 17
18
Note--
19
From assent, electricity retailers may act under this Act to collect information for
20
administering the exemption arrangements under this Act. Prohibitions on the provision
21
of false or misleading information will apply.
s5 13 s8
Community Ambulance Cover Bill 2003
5 Act binds all persons 1
(1) This Act binds all persons, including the State and, as far as the 2
legislative power of the Parliament permits, the Commonwealth and the 3
other States. 4
(2) This Act does not impose a tax on property of any kind belonging to 5
the Commonwealth. 6
(3) Subsection (2) does not limit subsection (1). 7
(4) In this section-- 8
"property of any kind belonging to the Commonwealth" has the same 9
meaning as in section 114 of the Commonwealth Constitution. 10
6 State not liable to be prosecuted for offence 11
Nothing in this Act makes the State liable to be prosecuted for an 12
offence. 13
7 Extra-territorial application 14
This Act applies to impose the levy on electricity sale arrangements 15
relating to electricity for consumption in Queensland-- 16
(a) regardless of whether an arrangement is entered into or made in 17
or outside Queensland; and 18
(b) regardless of whether any person involved in an arrangement is 19
resident in Queensland or is otherwise connected with 20
Queensland; and 21
(c) regardless of whether the supply of electricity for the purposes of 22
an arrangement originates in or outside Queensland. 23
24
Note--
25
This is because electricity sale arrangements relating to electricity for consumption in
26
Queensland have a nexus to Queensland.
Division 3--Interpretation 27
8 Definitions 28
The dictionary in the schedule defines particular words used in this Act. 29
s9 14 s 11
Community Ambulance Cover Bill 2003
9 Notes in text 1
A note in the text of this Act is part of the Act. 2
10 Meaning of "standard contract" 3
(1) A "standard contract" is a contract for the sale of electricity by an 4
electricity retailer to a non-contestable customer, but only if, for the sale-- 5
(a) the electricity is supplied for consumption in Queensland; and 6
(b) the supply of the electricity is measured by a meter. 7
8
Example--
9
An unwritten contract for the sale of electricity by a special approval holder to a
10
non-contestable customer.
(2) However, a "standard contract" does not include a contract for the 11
sale of electricity if the electricity is accessed through a power card 12
arrangement. 13
(3) For this section-- 14
"contract" includes an unwritten contract, and any of the following, 15
whether or not in writing-- 16
(a) agreement; 17
(b) other arrangement, whether enforceable or not, including an 18
arrangement arising under an Act. 19
20
Note--
21
A standard contract under this Act will commonly, though not necessarily in all cases,
22
be a standard customer sale contract under the Electricity Act.
11 Meaning of "power card arrangement" 23
(1) A "power card arrangement" exists for premises in Queensland 24
(the "power card premises" for the arrangement) if an electricity retailer 25
has the facility to sell electricity for consumption at the power card 26
premises using a card operated meter installed, and available for operation, 27
for the power card premises. 28
(2) For subsection (1), the following do not matter-- 29
(a) whether the power card premises are occupied; 30
s 12 15 s 13
Community Ambulance Cover Bill 2003
(b) whether the power card premises are connected for the supply of 1
electricity; 2
(c) whether electricity is being consumed at the power card 3
premises; 4
(d) whether the card operated meter is installed at the power card 5
premises. 6
12 Meaning of "separate area" 7
A "separate area" is a building or part of a building in Queensland that 8
is-- 9
(a) used, or, if not being used, available to be used, solely-- 10
(i) as a single self-contained place of residence; or 11
(ii) as a single place of business; or 12
(iii) to conduct a single undertaking or enterprise or other single 13
activity, other than a business; or 14
(iv) in a combination of subparagraphs (i), (ii) and (iii); and 15
(b) wired for the supply to it of electricity. 16
17
Examples--
18
· 5 floors of a building that are occupied by, and operated as, a single business
19
· 3 units in a residential complex that have been altered so that they are a single
20
residence
21
· a residential unit used both as a residence and as a place of business
22
· each of 2 coffee shops both of which operate under the same name but at different
23
ends of a shopping centre
24
· each of 3 adjoining shops operated by the same person but operating as separate
25
businesses of newsagent, furniture shop and delicatessen.
13 Meaning of "separate non-domestic area" 26
A "separate non-domestic area" is a building or part of a building in 27
Queensland that is-- 28
(a) used, or, if not being used, available to be used, solely-- 29
(i) as a single place of business; or 30
s 14 16 s 14
Community Ambulance Cover Bill 2003
(ii) to conduct a single undertaking or enterprise or other single 1
activity, other than a business; or 2
(iii) in a combination of subparagraphs (i) and (ii); and 3
(b) wired for the supply to it of electricity. 4
14 Meaning of "on-supply arrangement (type 1)" 5
(1) An "on-supply arrangement (type 1)" exists for a separate area if 6
the following circumstances apply-- 7
(a) electricity is being supplied to a person (the "on-supplier" for 8
the on-supply arrangement) for the purposes of a building that 9
includes the separate area; 10
(b) the electricity is being sold to the on-supplier by an electricity 11
retailer; 12
(c) the supply of the electricity under paragraph (a) is measured by a 13
meter; 14
(d) the on-supplier has the facility to further supply and further sell 15
some or all of the electricity for consumption at the separate area; 16
(e) if electricity is being consumed at the separate area, it is 17
electricity that is being further sold to a person by the on-supplier 18
for the consumption at the separate area. 19
20
Examples of on-supply arrangements----
21
1. Electricity sold by an electricity retailer to a shopping centre owner is further sold
22
by the shopping centre owner for consumption at a shop in the centre.
23
2. Electricity sold by an electricity retailer to a body corporate for a residential
24
building is sold by the body corporate to the building manager who further sells to
25
an owner of a unit in the building.
26
3. The owner of a shopping centre has the facility to further supply and sell, to a
27
vacant shop in the shopping centre, electricity sold to the owner by an electricity
28
retailer.
(2) For subsection (1), the following do not matter-- 29
(a) whether any further supply and further sale under 30
subsection (1)(d) is directly from the on-supplier, or is achieved 31
under 1 or more arrangements involving entities interposed 32
between the on-supplier and the person to whom the electricity is 33
further supplied and further sold; 34
(b) whether the separate area is occupied; 35
s 15 17 s 15
Community Ambulance Cover Bill 2003
(c) whether the separate area is connected for the further supply; 1
(d) if the separate area is not occupied, whether or not there is an 2
identifiable person to whom electricity is, or may be, further 3
supplied and further sold; 4
(e) whether electricity is being consumed at the separate area. 5
15 Meaning of "on-supply arrangement (type 2)" 6
(1) An "on-supply arrangement (type 2)" exists for a separate area if 7
the following circumstances apply-- 8
(a) the separate area is included in a group of 3 or more separate 9
areas in a building; 10
(b) there is no on-supply arrangement (type 1) for any of the separate 11
areas included in the group; 12
(c) an electricity retailer sells to a person (the "on-supplier" for the 13
on-supply arrangement) all electricity consumed at any separate 14
area in the group; 15
(d) any supply of electricity to a separate area in the group is 16
measured by a meter; 17
(e) under an arrangement between the on-supplier and the electricity 18
retailer, electricity accounts issued to the on-supplier by the 19
electricity retailer for the sale of the electricity mentioned in 20
paragraph (c) show the cost of electricity supplied to each 21
separate area. 22
23
Examples--
24
1. A building comprises 4 flats, 3 of which are let to tenants and 1 of which is vacant.
25
The owner of the building receives an account from an electricity retailer which
26
shows the cost of electricity supplied to each flat as measured by a meter. There are
27
4 on-supply arrangements (type 2).
28
2. A person owns 10 self contained apartments which are located in 1 building and
29
which are available for holiday letting. The owner receives an account from an
30
electricity retailer which shows the cost of electricity supplied to each apartment as
31
measured by a meter. There are 10 on-supply arrangements (type 2).
(2) For subsection (1), the following do not matter-- 32
(a) whether electricity is consumed in the separate areas; 33
(b) whether all separate areas in the building are included in the 34
group. 35
s 16 18 s 17
Community Ambulance Cover Bill 2003
16 Meaning of "contestable sale arrangement" 1
(1) A "contestable sale arrangement" means an arrangement for the 2
sale of electricity by an electricity retailer to a person (the "relevant 3
contestable customer" for the arrangement) for consumption at premises 4
if-- 5
(a) under a regulation under the Electricity Act, the relevant 6
contestable customer is declared to be a contestable customer for 7
supply of electricity to the premises; and 8
(b) the premises are in Queensland; and 9
(c) the supply of the electricity to the premises is measured by a 10
meter. 11
(2) There can be 2 or more contestable sale arrangements in place even 12
though there is only 1 contract for the sale of the electricity by the 13
electricity retailer to a person who is the relevant contestable customer for 14
each of the arrangements. 15
17 Person may have more than 1 role 16
(1) A set of circumstances applying to a person can result in a person 17
being both a non-contestable customer for a standard contract, or a 18
contestable customer for a contestable sale arrangement, and also an 19
on-supplier for an on-supply arrangement. 20
21
Examples--
22
1. A body corporate for a residential complex could be both a non-contestable
23
customer for a standard contract for the purchase of electricity from an electricity
24
retailer for consumption in the residential complex, and also be an on-supplier for
25
an on-supply arrangement for the further supply and sale of some of the electricity
26
for consumption at a residential unit in the complex.
27
2. A person could be both a contestable customer for a contestable sale arrangement
28
for the supply of electricity to a shopping centre the person owns, and also be an
29
on-supplier for an on-supply arrangement for the further supply and sale of some
30
of the electricity for consumption at a shop in the centre.
(2) The person is subject to the requirements of this Act in relation to 31
each electricity sale arrangement in which the person is involved, 32
according to the capacity in which the person is involved. 33
s 18 19 s 21
Community Ambulance Cover Bill 2003
Division 4--Annual levy and daily levy 1
18 Basis of imposition of levy 2
(1) The levy imposed under this Act is established as an amount 3
("annual levy") for each financial year. 4
(2) However, the levy is imposed under this Act on the basis of an 5
amount ("daily levy") for each day in a financial year. 6
19 Annual levy 7
(1) For the financial year starting on 1 July 2003, the annual levy is $88. 8
(2) For a later financial year, the annual levy is the amount prescribed 9
under a regulation. 10
20 Daily levy 11
(1) For the financial year starting on 1 July 2003, the daily levy is 12
24.044 cents. 13
(2) For a later financial year, the daily levy is the annual levy for the later 14
financial year divided by the number of days in the later financial year. 15
(3) The daily levy for a later financial year must be notified in the 16
regulation prescribing the annual levy for the later financial year. 17
21 Failure to prescribe annual levy and notify daily levy for later 18
financial year 19
(1) This section applies if a regulation prescribing the annual levy for a 20
later financial year, and notifying the daily levy for the later financial year, 21
has not been notified in the gazette on or before 31 May in the preceding 22
financial year. 23
(2) The annual levy for the later financial year is the same amount as the 24
annual levy for the preceding financial year. 25
(3) The daily levy for the later financial year is the same amount as the 26
daily levy for the preceding financial year. 27
(4) In this section-- 28
s 22 20 s 24
Community Ambulance Cover Bill 2003
"preceding financial year", in relation to a later financial year, means the 1
financial year immediately preceding the later financial year. 2
PART 2--STANDARD CONTRACTS 3
Division 1--Imposition of levy 4
22 Imposition of levy on standard contracts 5
(1) This part imposes the levy on standard contracts. 6
(2) A liability for the levy is imposed on a standard contract for each day 7
the standard contract is in place. 8
9
Note--
10
Exemptions for the levy are dealt with in divisions 4 and 5.
23 Operation of standard contract 11
(1) For this Act, the days a standard contract is in place do not include 12
the day the contract commences, but do include the day the contract ends. 13
(2) Without limiting how and when a standard contract may end, a 14
standard contract is taken to end if the supply of electricity for sale under 15
the contract is disconnected, other than because of a temporary 16
disconnection or other interruption. 17
Division 2--Liability for levy 18
24 When liability for levy is imposed 19
(1) Liability for the levy is imposed for a day even if no electricity is sold 20
under the contract on the day, including, for example, because premises are 21
temporarily unoccupied or because supply of electricity to premises is 22
temporarily disconnected or otherwise interrupted. 23
(2) However, if the contract is entered into in relation to premises not yet 24
connected for the supply of electricity, liability is not imposed until the day 25
the premises are connected. 26
s 25 21 s 29
Community Ambulance Cover Bill 2003
25 Who is liable to pay levy 1
(1) The levy imposed on a standard contract must be paid by the 2
non-contestable customer for the contract. 3
(2) If 2 or more persons are the non-contestable customer, all the persons 4
are jointly and severally liable for payment of the levy. 5
26 Consolidation arrangement does not affect liability for levy 6
(1) A person must pay the levy for each standard contract for which the 7
person is the non-contestable customer. 8
(2) If a person is the non-contestable customer for 2 or more standard 9
contracts and a single electricity account is issued for the sale of electricity 10
under all the standard contracts, the issue of the single electricity account 11
does not affect the person's liability to pay the levy for each standard 12
contract. 13
Division 3--Calculation of levy 14
27 Amount of levy 15
The amount of levy imposed on a standard contract for each day the 16
contract is in place is the daily levy for the financial year in which the day 17
occurs. 18
Division 4--Exempt standard contracts generally 19
28 Exemption from liability for levy 20
Liability for the levy is not imposed on a standard contract for a day if, 21
on that day or for any part of that day, the contract is an exempt standard 22
contract. 23
29 Exemption on 2 or more grounds 24
(1) This section applies to a standard contract if-- 25
(a) a number of circumstances mentioned in division 5 apply to the 26
contract; and 27
s 30 22 s 31
Community Ambulance Cover Bill 2003
(b) if all the circumstances are considered separately, whether by 1
individual circumstance or individual set of circumstances, the 2
contract would be, on the basis of each separate consideration, an 3
exempt standard contract. 4
(2) The contract is taken to be an exempt standard contract. 5
6
Example--
7
A standard contract would be an exempt standard contract if all electricity sold under
8
the contract is supplied to a farming shed and to a pump used for irrigation.
Division 5--Particular exemptions 9
30 Exemption for later standard contracts 10
(1) This section applies if-- 11
(a) there are 2 or more standard contracts for the sale of electricity 12
for consumption only at the one separate non-domestic area; and 13
(b) under each of the contracts, electricity retail services that are 14
provided are to be charged at a non-domestic tariff of a type 15
prescribed under a regulation. 16
(2) Each of the contracts that is a later standard contract is an exempt 17
standard contract. 18
(3) For subsection (2), a standard contract is a later standard contract if it 19
is not the first of the contracts to have commenced. 20
21
Example--
22
The owner of a shop has 3 standard contracts with an electricity retailer for the sale of
23
electricity for consumption at the shop. Contract A was entered into on 31 July 2002.
24
Contract B was entered into on 31 August 2002. Contract C was entered into on
25
30 September 2002. Contracts B and C are exempt standard contracts. However, if
26
contract A ends and contracts B and C continue, only contract C will be an exempt
27
standard contract.
31 Pensioner exemption 28
A standard contract is an exempt standard contract if-- 29
(a) either of the following apply-- 30
(i) only 1 person is the non-contestable customer for the 31
contract and the person is a pensioner (the "pensioner"); 32
s 32 23 s 35
Community Ambulance Cover Bill 2003
(ii) 2 or more persons are the non-contestable customer for the 1
contract and at least 1 of the persons is a pensioner (also 2
the "pensioner"); and 3
(b) all electricity sold under the contract is supplied to premises that 4
are the pensioner's principal place of residence; and 5
(c) any other person sharing the premises, other than a visitor, is at 6
least 1 of the following-- 7
(i) the pensioner's spouse; 8
(ii) a person who is wholly dependent on the pensioner; 9
(iii) another pensioner; 10
(iv) a social security beneficiary who does not pay rent for his or 11
her occupation of the premises; 12
(v) a person who is a carer of the pensioner and who does not 13
pay rent for his or her occupation of the premises. 14
32 Farming shed exemption 15
A standard contract is an exempt standard contract if all electricity sold 16
under the contract is supplied to a farming shed. 17
33 Pump exemption 18
A standard contract is an exempt standard contract if all electricity sold 19
under the contract is supplied to a pump that is-- 20
(a) a water pump used for irrigation, stock or other purposes of 21
primary production; or 22
(b) a water or sewerage pump used for domestic purposes. 23
34 Commonwealth exemption 24
A standard contract is an exempt standard contract if the non-contestable 25
customer for the contract is the Commonwealth. 26
35 State exemption 27
(1) A standard contract is an exempt standard contract if-- 28
s 36 24 s 37
Community Ambulance Cover Bill 2003
(a) the non-contestable customer for the contract is the State; and 1
(b) all electricity sold under the contract is supplied to premises-- 2
(i) that are used only for providing core government services; 3
or 4
(ii) that are public infrastructure. 5
(2) In this section-- 6
"State" includes any State instrumentality, authority, corporation or other 7
State entity, including any GOC, and whether or not representing the 8
State, but does not include a local government. 9
36 Local government exemption 10
A standard contract is an exempt standard contract if-- 11
(a) the non-contestable customer for the contract is a local 12
government; and 13
(b) all electricity sold under the contract is supplied to premises-- 14
(i) that are used only for providing core local government 15
services; or 16
(ii) that are public infrastructure. 17
37 Exemption for religious bodies and other institutions 18
(1) A standard contract is an exempt standard contract if-- 19
(a) the non-contestable customer for the contract is a body, or the 20
trustees of a body, that is either a religious body or a body-- 21
(i) that is controlled by, or associated with, a religious body; 22
and 23
(ii) whose principal object and pursuit is the conduct of 24
activities of a religious nature; and 25
(b) all electricity sold under the contract is supplied to premises used 26
solely or almost solely as a church or other public place of 27
worship, or as a church or other public place of worship and an 28
associated hall, other than a hall used or hired out for commercial 29
purposes. 30
(2) A standard contract is an exempt standard contract if-- 31
s 37 25 s 37
Community Ambulance Cover Bill 2003
(a) the non-contestable customer for the contract is an institution or 1
the trustees of an institution; and 2
(b) the principal object or pursuit of the institution is the care of sick, 3
aged, infirm, afflicted or incorrigible persons; and 4
(c) all electricity sold under the contract is supplied to premises used 5
solely or almost solely for the purposes of the institution's 6
principal object or pursuit; and 7
(d) the premises are not premises that are, or that are in the nature of, 8
a hospital, an aged care hostel or a nursing home. 9
(3) A standard contract is an exempt standard contract if-- 10
(a) the non-contestable customer for the contract is an institution or 11
the trustees of an institution; and 12
(b) the principal object or pursuit of the institution is the relief of 13
poverty, suffering, distress or misfortune of people; and 14
(c) all electricity sold under the contract is supplied to premises used 15
solely or almost solely for the purposes of the institution's 16
principal object or pursuit. 17
(4) A standard contract is an exempt standard contract if-- 18
(a) the non-contestable customer for the contract is an institution or 19
the trustees of an institution; and 20
(b) the principal object or pursuit of the institution is the care of 21
children by-- 22
(i) being responsible for them on a full time basis; and 23
(ii) providing them with all the necessary food, clothing and 24
shelter; and 25
(iii) providing for their general wellbeing and protection; and 26
(c) all electricity sold under the contract is supplied to premises used 27
solely or almost solely for the purposes of the institution's 28
principal object or pursuit. 29
(5) However, a standard contract is an exempt standard contract under 30
subsection (2), (3) or (4) only if, under the institution's constitution-- 31
(a) its income and property are used solely for promoting its objects; 32
and 33
s 38 26 s 40
Community Ambulance Cover Bill 2003
(b) no part of its income or property is to be distributed, paid or 1
transferred by way of bonus, dividend or other similar payment 2
to its members; and 3
(c) on its dissolution, the assets remaining after satisfying all debts 4
and liabilities must be transferred to an institution whose 5
principal object or pursuit is that of an institution mentioned in 6
subsection (2), (3) or (4). 7
PART 3--POWER CARD ARRANGEMENTS 8
Division 1--Imposition of levy 9
38 Imposition of levy on power card arrangements 10
(1) This part imposes the levy on power card arrangements. 11
(2) A liability for the levy is imposed on a power card arrangement for 12
each day of the power card arrangement. 13
14
Note--
15
Exemptions for the levy are dealt with in divisions 4 and 5.
Division 2--Liability for levy 16
39 Who is liable to pay levy 17
(1) The levy imposed on a power card arrangement must be paid by the 18
owner of the power card premises for the arrangement. 19
(2) If 2 or more persons are the owner of the power card premises, all the 20
persons are jointly and severally liable for payment of the levy. 21
40 Levy on each power card arrangement 22
A person must pay the levy for each power card arrangement for which 23
the person is the owner. 24
s 41 27 s 44
Community Ambulance Cover Bill 2003
Division 3--Calculation of levy 1
41 Amount of levy 2
The amount of levy imposed on a power card arrangement for each day 3
of the arrangement is the daily levy for the financial year in which the day 4
occurs. 5
Division 4--Exempt power card arrangements generally 6
42 Exemption from liability for levy 7
Liability for the levy is not imposed on a power card arrangement for a 8
day if, on that day or for any part of that day, the arrangement is an exempt 9
power card arrangement. 10
43 Exemption on 2 or more grounds 11
(1) This section applies to a power card arrangement if-- 12
(a) a number of circumstances mentioned in division 5 apply to the 13
arrangement; and 14
(b) if all the circumstances are considered separately, whether by 15
individual circumstance or individual set of circumstances, the 16
arrangement would be, on the basis of each separate 17
consideration, an exempt power card arrangement. 18
(2) The arrangement is taken to be an exempt power card arrangement. 19
Division 5--Particular exemptions 20
44 Exemption for later power card arrangements 21
(1) This section applies if-- 22
(a) there are 2 or more power card arrangements that relate to the 23
sale of electricity for consumption only at the one separate 24
non-domestic area; and 25
s 45 28 s 46
Community Ambulance Cover Bill 2003
(b) any electricity retail services provided for the arrangements are 1
chargeable at a non-domestic tariff of a type prescribed under a 2
regulation. 3
(2) Each of the arrangements that is a later power card arrangement is an 4
exempt power card arrangement. 5
(3) For subsection (2), a power card arrangement is a later power card 6
arrangement if it is not the first of the arrangements to have commenced. 7
8
Example--
9
There are 3 power card arrangements for the sale of electricity for consumption at a
10
shop. Power card arrangement A commenced on 31 July 2002. Power card
11
arrangement B commenced on 31 August 2002. Power card arrangement C
12
commenced on 30 September 2002. Power card arrangements B and C are exempt
13
power card arrangements. However, if power card arrangement A ends and power card
14
arrangements B and C continue, only power card arrangement C will be an exempt
15
power card arrangement.
45 Pensioner exemption 16
A power card arrangement is an exempt power card arrangement if-- 17
(a) the power card premises for the arrangement are the principal 18
place of residence of a pensioner (the "pensioner"); and 19
(b) any other person sharing the power card premises, other than a 20
visitor, is at least 1 of the following-- 21
(i) the pensioner's spouse; 22
(ii) a person who is wholly dependent on the pensioner; 23
(iii) another pensioner; 24
(iv) a social security beneficiary who does not pay rent for his or 25
her occupation of the power card premises; 26
(v) a person who is a carer of the pensioner and who does not 27
pay rent for his or her occupation of the power card 28
premises. 29
46 Farming shed exemption 30
A power card arrangement is an exempt power card arrangement if the 31
power card premises for the arrangement are a farming shed. 32
s 47 29 s 51
Community Ambulance Cover Bill 2003
47 Pump exemption 1
A power card arrangement is an exempt power card arrangement if the 2
power card premises for the arrangement are a pump that is-- 3
(a) a water pump used for irrigation, stock or other purposes of 4
primary production; or 5
(b) a water or sewerage pump used for domestic purposes. 6
48 Commonwealth exemption 7
A power card arrangement is an exempt power card arrangement if the 8
owner for the arrangement is the Commonwealth. 9
49 State exemption 10
(1) A power card arrangement is an exempt power card arrangement if 11
the power card premises for the arrangement are used by the State only-- 12
(a) for providing core government services; or 13
(b) as public infrastructure. 14
(2) In this section-- 15
"State" includes any State instrumentality, authority, corporation or other 16
State entity, including any GOC, and whether or not representing the 17
State, but does not include a local government. 18
50 Local government exemption 19
A power card arrangement is an exempt power card arrangement if the 20
power card premises for the arrangement are used by a local government 21
only-- 22
(a) for providing core local government services; or 23
(b) as public infrastructure. 24
51 Exemption for religious bodies and other institutions 25
(1) A power card arrangement is an exempt power card arrangement if-- 26
(a) the power card premises for the arrangement are used by a body 27
that is either-- 28
s 51 30 s 51
Community Ambulance Cover Bill 2003
(i) a religious body; or 1
(ii) a body that is controlled by, or associated with, a religious 2
body, and whose principal object and pursuit is the conduct 3
of activities of a religious nature; and 4
(b) the power card premises are used solely or almost solely as a 5
church or other public place of worship, or as a church or other 6
public place of worship and an associated hall, other than a hall 7
used or hired out for commercial purposes. 8
(2) A power card arrangement is an exempt power card arrangement if-- 9
(a) the power card premises for the arrangement are used-- 10
(i) by an institution the principal object or pursuit of which is 11
the care of sick, aged, infirm, afflicted or incorrigible 12
persons; and 13
(ii) solely or almost solely for the purposes of the institution's 14
principal object or pursuit; and 15
(b) the power card premises are not power card premises that are, or 16
that are in the nature of, a hospital, an aged care hostel or a 17
nursing home. 18
(3) A power card arrangement is an exempt power card arrangement if 19
the power card premises for the arrangement are used-- 20
(a) by an institution the principal object or pursuit of which is the 21
relief of poverty, suffering, distress or misfortune of people; and 22
(b) solely or almost solely for the purposes of the institution's 23
principal object or pursuit. 24
(4) A power card arrangement is an exempt power card arrangement if 25
the power card premises for the arrangement are used-- 26
(a) by an institution the principal object or pursuit of which is the 27
care of children by-- 28
(i) being responsible for them on a full time basis; and 29
(ii) providing them with all the necessary food, clothing and 30
shelter; and 31
(iii) providing for their general wellbeing and protection; and 32
(b) solely or almost solely for the purposes of the institution's 33
principal object or pursuit. 34
s 52 31 s 53
Community Ambulance Cover Bill 2003
(5) However, a power card arrangement is an exempt power card 1
arrangement under subsection (2), (3) or (4) only if, under the institution's 2
constitution-- 3
(a) its income and property are used solely for promoting its objects; 4
and 5
(b) no part of its income or property is to be distributed, paid or 6
transferred by way of bonus, dividend or other similar payment 7
to its members; and 8
(c) on its dissolution, the assets remaining after satisfying all debts 9
and liabilities must be transferred to an institution whose 10
principal object or pursuit is that of an institution mentioned in 11
subsection (2), (3) or (4). 12
PART 4--ONSUPPLY ARRANGEMENTS 13
Division 1--Imposition of levy 14
52 Imposition of levy on on-supply arrangements 15
(1) This part imposes the levy on on-supply arrangements. 16
(2) A liability for the levy is imposed on an on-supply arrangement for 17
each day of the on-supply arrangement. 18
19
Note--
20
Exemptions for the levy are dealt with in divisions 4 and 5.
Division 2--Liability for levy 21
53 Who is liable to pay levy 22
(1) The levy imposed on an on-supply arrangement must be paid by the 23
on-supplier for the arrangement. 24
(2) If 2 or more persons are the on-supplier, all the persons are jointly 25
and severally liable for payment of the levy. 26
s 54 32 s 57
Community Ambulance Cover Bill 2003
54 Consolidation arrangement does not affect liability for levy 1
(1) A person must pay the levy for each on-supply arrangement for 2
which the person is the on-supplier. 3
(2) If a person is the on-supplier for 2 or more on-supply arrangements 4
and a single billing arrangement is established for the purposes of the sale 5
of electricity under all the on-supply arrangements, the establishment of the 6
single billing arrangement does not affect the on-supplier's liability to pay 7
the levy for each on-supply arrangement. 8
Division 3--Calculation of levy 9
55 Amount of levy 10
The amount of levy imposed on an on-supply arrangement for each day 11
of the arrangement is the daily levy for the financial year in which the day 12
occurs. 13
Division 4--Exempt on-supply arrangements generally 14
56 Exemption from liability for levy 15
Liability for the levy is not imposed on an on-supply arrangement for a 16
day if, on that day or for any part of that day, the arrangement is an exempt 17
on-supply arrangement. 18
57 Exemption on 2 or more grounds 19
(1) This section applies to an on-supply arrangement if-- 20
(a) a number of circumstances mentioned in division 5 apply to the 21
arrangement; and 22
(b) if all the circumstances are considered separately, whether by 23
individual circumstance or individual set of circumstances, the 24
arrangement would be, on the basis of each separate 25
consideration, an exempt on-supply arrangement. 26
(2) The arrangement is taken to be an exempt on-supply arrangement. 27
s 58 33 s 61
Community Ambulance Cover Bill 2003
Division 5--Particular exemptions 1
58 Pensioner exemption 2
An on-supply arrangement is an exempt on-supply arrangement if-- 3
(a) the separate area for the arrangement is the principal place of 4
residence of a pensioner (the "pensioner"); and 5
(b) any other person sharing the separate area, other than a visitor, is 6
at least 1 of the following-- 7
(i) the pensioner's spouse; 8
(ii) a person who is wholly dependent on the pensioner; 9
(iii) another pensioner; 10
(iv) a social security beneficiary who does not pay rent for his or 11
her occupation of the separate area; 12
(v) a person who is a carer of the pensioner and who does not 13
pay rent for his or her occupation of the separate area. 14
59 Farming shed exemption 15
An on-supply arrangement is an exempt on-supply arrangement if the 16
separate area for the arrangement is a farming shed. 17
60 Commonwealth exemption 18
An on-supply arrangement is an exempt on-supply arrangement if the 19
on-supplier for the arrangement is the Commonwealth. 20
61 State exemption 21
(1) An on-supply arrangement is an exempt on-supply arrangement if the 22
separate area for the arrangement is used by the State only-- 23
(a) for providing core government services; or 24
(b) as public infrastructure. 25
(2) In this section-- 26
s 62 34 s 63
Community Ambulance Cover Bill 2003
"State" includes any State instrumentality, authority, corporation or other 1
State entity, including any GOC, and whether or not representing the 2
State, but does not include a local government. 3
62 Local government exemption 4
An on-supply arrangement is an exempt on-supply arrangement if the 5
separate area for the arrangement is used by a local government only-- 6
(a) for providing core local government services; or 7
(b) as public infrastructure. 8
63 Exemption for religious bodies and other institutions 9
(1) An on-supply arrangement is an exempt on-supply arrangement if-- 10
(a) the separate area for the arrangement is used by a body that is 11
either-- 12
(i) a religious body; or 13
(ii) a body that is controlled by, or associated with, a religious 14
body, and whose principal object and pursuit is the conduct 15
of activities of a religious nature; and 16
(b) the separate area is used solely or almost solely as a church or 17
other public place of worship, or as a church or other public place 18
of worship and an associated hall, other than a hall used or hired 19
out for commercial purposes. 20
(2) An on-supply arrangement is an exempt on-supply arrangement if-- 21
(a) the separate area for the arrangement is used-- 22
(i) by an institution the principal object or pursuit of which is 23
the care of sick, aged, infirm, afflicted or incorrigible 24
persons; and 25
(ii) solely or almost solely for the purposes of the institution's 26
principal object or pursuit; and 27
(b) the separate area is not a separate area that is, or that is in the 28
nature of, a hospital, an aged care hostel or a nursing home. 29
(3) An on-supply arrangement is an exempt on-supply arrangement if the 30
separate area for the arrangement is used-- 31
s 63 35 s 63
Community Ambulance Cover Bill 2003
(a) by an institution the principal object or pursuit of which is the 1
relief of poverty, suffering, distress or misfortune of people; and 2
(b) solely or almost solely for the purposes of the institution's 3
principal object or pursuit. 4
(4) An on-supply arrangement is an exempt on-supply arrangement if the 5
separate area for the arrangement is used-- 6
(a) by an institution the principal object or pursuit of which is the 7
care of children by-- 8
(i) being responsible for them on a full time basis; and 9
(ii) providing them with all the necessary food, clothing and 10
shelter; and 11
(iii) providing for their general wellbeing and protection; and 12
(b) solely or almost solely for the purposes of the institution's 13
principal object or pursuit. 14
(5) However, an on-supply arrangement is an exempt on-supply 15
arrangement under subsection (2), (3) or (4) only if, under the institution's 16
constitution-- 17
(a) its income and property are used solely for promoting its objects; 18
and 19
(b) no part of its income or property is to be distributed, paid or 20
transferred by way of bonus, dividend or other similar payment 21
to its members; and 22
(c) on its dissolution, the assets remaining after satisfying all debts 23
and liabilities must be transferred to an institution whose 24
principal object or pursuit is that of an institution mentioned in 25
subsection (2), (3) or (4). 26
s 64 36 s 66
Community Ambulance Cover Bill 2003
PART 5--CONTESTABLE SALE ARRANGEMENTS 1
Division 1--Imposition of levy 2
64 Imposition of levy on contestable sale arrangements 3
(1) This part imposes the levy on contestable sale arrangements. 4
(2) A liability for the levy is imposed on a contestable sale arrangement 5
for each day the contestable sale arrangement is in place. 6
7
Note--
8
Exemptions for the levy are dealt with in divisions 4 and 5.
65 Operation of contestable sale arrangement 9
(1) For this Act, the days that a contestable sale arrangement is in place 10
do not include the day the arrangement commences, but do include the day 11
the arrangement ends. 12
(2) Without limiting how and when a contestable sale arrangement may 13
be ended, a contestable sale arrangement is taken to end if the supply of 14
electricity for sale under the arrangement is disconnected, other than 15
because of a temporary disconnection or other interruption. 16
Division 2--Liability for levy 17
66 When liability for levy is imposed 18
(1) Liability for the levy is imposed for a day even if no electricity is sold 19
under the arrangement on the day, including, for example, because 20
premises are temporarily unoccupied or because supply of electricity to 21
premises is temporarily disconnected or otherwise interrupted. 22
(2) However, if the arrangement is put in place in relation to premises 23
not yet connected for the supply of electricity, liability is not imposed until 24
the day the premises are connected. 25
s 67 37 s 71
Community Ambulance Cover Bill 2003
67 Who is liable to pay levy 1
(1) The levy imposed on a contestable sale arrangement must be paid by 2
the relevant contestable customer for the arrangement. 3
(2) If 2 or more persons are the relevant contestable customer, all the 4
persons are jointly and severally liable for payment of the levy. 5
68 Consolidation arrangement does not affect liability for levy 6
(1) A person must pay the levy for each contestable sale arrangement for 7
which the person is the relevant contestable customer. 8
(2) If a person is the relevant contestable customer for 2 or more 9
contestable sale arrangements and a single electricity account is issued for 10
the sale of electricity for all the arrangements, the issue of the single 11
electricity account does not affect the person's liability to pay the levy for 12
each contestable sale arrangement. 13
Division 3--Calculation of levy 14
69 Amount of levy 15
The amount of levy imposed on a contestable sale arrangement for each 16
day the arrangement is in place is the daily levy for the financial year in 17
which the day occurs. 18
Division 4--Exempt contestable sale arrangements generally 19
70 Exemption from liability for levy 20
Liability for the levy is not imposed on a contestable sale arrangement 21
for a day if, on that day or for any part of that day, the arrangement is an 22
exempt contestable sale arrangement. 23
71 Exemption on 2 or more grounds 24
(1) This section applies to a contestable sale arrangement if-- 25
(a) a number of circumstances mentioned in division 5 apply to the 26
arrangement; and 27
s 72 38 s 72
Community Ambulance Cover Bill 2003
(b) if all the circumstances are considered separately, whether by 1
individual circumstance or individual set of circumstances, the 2
arrangement would be, on the basis of each separate 3
consideration, an exempt contestable sale arrangement. 4
(2) The arrangement is taken to be an exempt contestable sale 5
arrangement. 6
Division 5--Particular exemptions 7
72 Pensioner exemption 8
A contestable sale arrangement is an exempt contestable sale 9
arrangement if-- 10
(a) either of the following apply-- 11
(i) only 1 person is the contestable customer for the 12
arrangement and the person is a pensioner 13
(the "pensioner"); 14
(ii) 2 or more persons are the contestable customer for the 15
arrangement and at least 1 of the persons is a pensioner 16
(also the "pensioner"); and 17
(b) all electricity sold under the arrangement is supplied to premises 18
that are the pensioner's principal place of residence; and 19
(c) any other person sharing the premises, other than a visitor, is at 20
least 1 of the following-- 21
(i) the pensioner's spouse; 22
(ii) a person who is wholly dependent on the pensioner; 23
(iii) another pensioner; 24
(iv) a social security beneficiary who does not pay rent for his or 25
her occupation of the premises; 26
(v) a person who is a carer of the pensioner and who does not 27
pay rent for his or her occupation of the premises. 28
s 73 39 s 76
Community Ambulance Cover Bill 2003
73 Farming shed exemption 1
A contestable sale arrangement is an exempt contestable sale 2
arrangement if all electricity sold under the arrangement is supplied to a 3
farming shed. 4
74 Pump exemption 5
A contestable sale arrangement is an exempt contestable sale 6
arrangement if all electricity sold under the arrangement is supplied to a 7
pump that is-- 8
(a) a water pump used for irrigation, stock or other purposes of 9
primary production; or 10
(b) a water or sewerage pump used for domestic purposes. 11
75 Commonwealth exemption 12
A contestable sale arrangement is an exempt contestable sale 13
arrangement if the relevant contestable customer for the arrangement is the 14
Commonwealth. 15
76 State exemption 16
(1) A contestable sale arrangement is an exempt contestable sale 17
arrangement if-- 18
(a) the relevant contestable customer under the arrangement is the 19
State; and 20
(b) all electricity sold under the arrangement is supplied to 21
premises-- 22
(i) that are used only for providing core government services; 23
or 24
(ii) that are public infrastructure. 25
(2) In this section-- 26
"State" includes any State instrumentality, authority, corporation or other 27
State entity, including any GOC, and whether or not representing the 28
State, but does not include a local government. 29
s 77 40 s 78
Community Ambulance Cover Bill 2003
77 Local government exemption 1
A contestable sale arrangement is an exempt contestable sale 2
arrangement if-- 3
(a) the relevant contestable customer for the arrangement is a local 4
government; and 5
(b) all electricity sold under the arrangement is supplied to 6
premises-- 7
(i) that are used only for providing core local government 8
services; or 9
(ii) that are public infrastructure. 10
78 Exemption for religious bodies and other institutions 11
(1) A contestable sale arrangement is an exempt contestable sale 12
arrangement if-- 13
(a) the contestable customer for the arrangement is a body, or the 14
trustees of a body, that is either a religious body or a body-- 15
(i) that is controlled by, or associated with, a religious body; 16
and 17
(ii) whose principal object and pursuit is the conduct of 18
activities of a religious nature; and 19
(b) all electricity sold under the arrangement is supplied to premises 20
used solely or almost solely as a church or other public place of 21
worship, or as a church or other public place of worship and an 22
associated hall, other than a hall used or hired out for commercial 23
purposes. 24
(2) A contestable sale arrangement is an exempt contestable sale 25
arrangement if-- 26
(a) the contestable customer for the arrangement is an institution or 27
the trustees of an institution; and 28
(b) the principal object or pursuit of the institution is the care of sick, 29
aged, infirm, afflicted or incorrigible persons; and 30
(c) all electricity sold under the arrangement is supplied to premises 31
used solely or almost solely for the purposes of the institution's 32
principal object or pursuit; and 33
s 78 41 s 78
Community Ambulance Cover Bill 2003
(d) the premises are not premises that are, or that are in the nature of, 1
a hospital, an aged care hostel or a nursing home. 2
(3) A contestable sale arrangement is an exempt contestable sale 3
arrangement if-- 4
(a) the contestable customer for the arrangement is an institution or 5
the trustees of an institution; and 6
(b) the principal object or pursuit of the institution is the relief of 7
poverty, suffering, distress or misfortune of people; and 8
(c) all electricity sold under the arrangement is supplied to premises 9
used solely or almost solely for the purposes of the institution's 10
principal object or pursuit. 11
(4) A contestable sale arrangement is an exempt contestable sale 12
arrangement if-- 13
(a) the contestable customer for the arrangement is an institution or 14
the trustees of an institution; and 15
(b) the principal object or pursuit of the institution is the care of 16
children by-- 17
(i) being responsible for them on a full time basis; and 18
(ii) providing them with all the necessary food, clothing and 19
shelter; and 20
(iii) providing for their general wellbeing and protection; and 21
(c) all electricity sold under the arrangement is supplied to premises 22
used solely or almost solely for the purposes of the institution's 23
principal object or pursuit. 24
(5) However, a contestable sale arrangement is an exempt contestable 25
sale arrangement under subsection (2), (3) or (4) only if, under the 26
institution's constitution-- 27
(a) its income and property are used solely for promoting its objects; 28
and 29
(b) no part of its income or property is to be distributed, paid or 30
transferred by way of bonus, dividend or other similar payment 31
to its members; and 32
(c) on its dissolution, the assets remaining after satisfying all debts 33
and liabilities must be transferred to an institution whose 34
s 79 42 s 80
Community Ambulance Cover Bill 2003
principal object or pursuit is that of an institution mentioned in 1
subsection (2), (3) or (4). 2
PART 6--ELECTRICITY RETAILERS AS AGENTS 3
OF COMMISSIONER 4
79 General nature and extent of agency of electricity retailer 5
(1) In general terms, an electricity retailer is the agent of the 6
commissioner for the collection of the levy. 7
(2) However, an electricity retailer is the commissioner's agent only in 8
relation to the electricity sale arrangements for which the electricity retailer 9
is the relevant electricity retailer. 10
80 Role and functions of electricity retailer 11
(1) The role of an electricity retailer is to help the commissioner in the 12
administration of the Act through the collection of the levy from the 13
electricity retailer's electricity customers. 14
(2) An electricity retailer has the following functions-- 15
(a) issuing statements of levy liability to electricity customers; 16
(b) receiving notifications and returns required to be given to the 17
electricity retailer under this Act; 18
(c) administering exemptions for electricity sale arrangements; 19
(d) collecting the levy from electricity customers required to pay it; 20
(e) pursuing collection of unpaid levy amounts; 21
(f) providing refunds authorised under this Act; 22
(g) paying to the commissioner levy amounts received by the 23
electricity retailer; 24
(h) giving the commissioner the information and documents this Act 25
requires to be given; 26
s 81 43 s 82
Community Ambulance Cover Bill 2003
(i) the other functions provided for in this Act or in an 1
administration agreement to which the commissioner and the 2
electricity retailer are parties; 3
(j) the other functions, being functions reasonably necessary for the 4
administration of this Act, that the commissioner directs the 5
electricity retailer to perform. 6
(3) An electricity retailer must perform the retailer's functions under this 7
Act to a standard necessary for the proper administration of this Act. 8
81 Electricity retailer may engage contractor 9
(1) An electricity retailer may contract with a person (the electricity 10
retailer's "authorised subcontractor") to perform some or all of the 11
electricity retailer's functions under this Act. 12
(2) However, the electricity retailer-- 13
(a) must not contract under subsection (1) without the written 14
approval of the commissioner; and 15
(b) despite the contract, remains liable for the proper performance of 16
the electricity retailer's functions under this Act. 17
(3) An obligation or requirement applying to an electricity retailer under 18
this Act also applies to an authorised subcontractor of the electricity retailer 19
to the extent that the obligation or requirement relates to the performance 20
of the electricity retailer's functions that the authorised subcontractor is 21
contracted to perform. 22
23
Example--
24
If information about an electricity retailer's electricity customers is held by an
25
authorised subcontractor of the electricity retailer in performing functions contracted to
26
the authorised subcontractor, the authorised subcontractor is required to give the
27
commissioner the information if the commissioner requires the authorised
28
subcontractor to give the information to the commissioner.
82 Administration agreement 29
(1) The commissioner may enter an agreement (an "administration 30
agreement") with an electricity retailer about the performance of the 31
electricity retailer's functions under this Act. 32
(2) An administration agreement may include, as a party to the 33
agreement, an authorised subcontractor of the electricity retailer. 34
s 83 44 s 84
Community Ambulance Cover Bill 2003
(3) If an authorised subcontractor of the electricity retailer is included as 1
a party, the electricity retailer and the authorised subcontractor are jointly 2
and severally liable for the proper performance of the authorised 3
subcontractor's obligations under the agreement. 4
(4) An administration agreement is of no effect to the extent it is 5
inconsistent with a requirement of this Act. 6
83 Administration fee 7
(1) The commissioner may pay an electricity retailer a fee 8
(an "administration fee") for performing the electricity retailer's 9
functions under this Act. 10
(2) The amount of the administration fee, when it is to be paid, and other 11
matters about the payment of the administration fee, may be included in an 12
administration agreement. 13
(3) However, the commissioner must not pay an administration fee 14
unless the amount of the fee, or the way it is to be worked out, has been 15
approved by the Treasurer. 16
(4) An administration fee may, in particular circumstances, be a nil 17
amount. 18
(5) The Treasurer's decision to refuse to approve the amount of the fee, 19
or the way it is to be worked out, is a non-reviewable decision. 20
84 Giving information to the commissioner 21
(1) The commissioner may require an electricity retailer to give the 22
commissioner information and documents, or access to information or 23
documents, held by the electricity retailer about its electricity sale 24
arrangements to the extent the commissioner considers necessary for the 25
proper administration and enforcement of this Act. 26
(2) Without limiting subsection (1), the commissioner may require an 27
electricity retailer to give the commissioner information in returns in the 28
approved form at the times the commissioner requires. 29
(3) Information required, or to which access is required, under 30
subsections (1) and (2) may include personal information about the 31
electricity retailer or its electricity customers. 32
s 85 45 s 85
Community Ambulance Cover Bill 2003
(4) The commissioner may advise an electricity retailer of the 1
commissioner's requirements under subsections (1) and (2) in any 2
reasonable way, and is not required to follow any particular formality. 3
(5) An electricity retailer must not charge any fee for giving information 4
or documents, or access to information or documents, under 5
subsections (1) and (2) that is additional to the administration fee payable 6
to the electricity retailer. 7
(6) Despite any other Act or law about the disclosure of information, an 8
electricity retailer, and an authorised subcontractor of the electricity 9
retailer, is authorised-- 10
(a) to use personal information about the electricity retailer or the 11
electricity retailer's customers to the extent reasonably necessary 12
for the performance of the electricity retailer's functions under 13
this Act; and 14
(b) to disclose personal information about the electricity retailer or 15
the electricity retailer's customers to the commissioner for the 16
purposes of this Act. 17
(7) In this section-- 18
"personal information", about a person, means information that-- 19
(a) identifies, or is likely to identify, the person; or 20
(b) discloses matters about the person's affairs. 21
85 Commissioner may perform electricity retailer's obligations 22
(1) This section applies if an electricity retailer does not does not comply 23
with-- 24
(a) an obligation the electricity retailer has under this Act, including 25
an obligation to perform a function the electricity retailer has 26
under this Act; or 27
(b) an obligation the electricity retailer has under an administration 28
agreement; or 29
(c) a direction given by the commissioner under this Act. 30
(2) The commissioner may act in the place of the electricity retailer to 31
the extent necessary to ensure the obligation or direction is fulfilled. 32
s 86 46 s 87
Community Ambulance Cover Bill 2003
(3) Further, the commissioner may issue a person with a statement of 1
levy liability even though the statement is not included in an electricity 2
account. 3
(4) Subsection (3) does not limit subsection (2). 4
(5) A person issued with a statement of levy liability under 5
subsection (3) must pay the levy amount mentioned in the statement 6
directly to the commissioner on or before the due date for payment of the 7
levy amount. 8
(6) The due date for payment of the levy amount must not be less than 9
30 days after the issue of the statement of levy liability. 10
86 Commissioner may give directions 11
(1) The commissioner may give a written direction to an electricity 12
retailer or authorised subcontractor requiring the electricity retailer or 13
authorised subcontractor to do anything reasonably necessary for the 14
administration or enforcement of this Act. 15
16
Example--
17
The commissioner could give an electricity retailer a direction about the procedures to
18
be followed for dealing with claims for exemptions.
(2) An electricity retailer or authorised subcontractor given a written 19
direction under subsection (1) must comply with the direction. 20
PART 7--PAYMENT, RECOVERY AND REFUNDS 21
OF LEVY 22
Division 1--Statement of levy liability 23
87 Statement of levy liability 24
(1) An electricity retailer must include in each electricity account given 25
to an electricity customer of the electricity retailer a statement of levy 26
liability for each electricity sale arrangement the account relates to. 27
s 87 47 s 87
Community Ambulance Cover Bill 2003
1
Examples--
2
1. An electricity account given to a non-contestable customer for a standard contract
3
must include a statement of levy liability that includes the levy amount payable
4
under part 2.
5
2. An electricity account given to a person who is the on-supplier for 3 on-supply
6
arrangements for 3 separate areas must include a statement of levy liability that
7
includes the levy amount payable under part 4 for each of the on-supply
8
arrangements, as well as a statement of levy liability that includes the levy amount
9
payable under part 2 or 4 for the standard contract or contestable sale arrangement
10
under which electricity is sold to the person for consumption at the building that
11
includes the separate areas.
(2) The period covered by the statement of levy liability must, other than 12
for previously unpaid levy amounts, be the same as the period covered by 13
the electricity account. 14
(3) The statement must be included even if the levy amount for which the 15
customer is liable is a nil amount. 16
(4) Despite subsections (1) and (2), an electricity retailer may, with the 17
commissioner's written approval, issue a statement of levy liability to an 18
electricity customer of the electricity retailer separately from an electricity 19
account. 20
(5) When an electricity sale arrangement ends, the relevant electricity 21
retailer for the arrangement must give the electricity retailer's electricity 22
customer an electricity account that, whether or not any amount is shown 23
as payable for electricity retail services, includes a statement of levy 24
liability for the period to the end of the electricity sale arrangement. 25
(6) The levy amount stated in a statement of levy liability must be 26
worked out having regard to-- 27
(a) any information notified to the electricity retailer under this part 28
about exemptions applying under part 2, 4 or 5; and 29
(b) information included in returns and notices given to the 30
electricity retailer under this part. 31
(7) A statement of levy liability must include advice to the effect that the 32
electricity customer has a right of objection under this Act if the customer 33
claims that the levy amount for which the customer is stated to be liable is 34
an incorrect amount. 35
(8) This section does not apply for power card arrangements. 36
s 88 48 s 90
Community Ambulance Cover Bill 2003
88 Statement of levy liability for power card arrangement 1
(1) This section applies for power card arrangements. 2
(2) The relevant electricity retailer for a power card arrangement must 3
issue a statement of levy liability to the electricity customer who is the 4
owner for the power card arrangement at least once every 3 months, and as 5
soon as practicable after the power card arrangement ends. 6
(3) The statement need not be issued if the total levy amount for which 7
the customer is liable is a nil amount. 8
(4) The levy amount stated in a statement of levy liability must be 9
worked out having regard to-- 10
(a) any information notified to the electricity retailer under this part 11
about exemptions applying under part 3; and 12
(b) information included in returns given to the electricity retailer 13
under this part. 14
(5) A statement of levy liability must include advice to the effect that the 15
electricity customer has a right of objection under this Act if the customer 16
claims that the levy amount for which the customer is stated to be liable is 17
an incorrect amount. 18
89 Replacement statement of levy liability 19
An electricity retailer must give an electricity customer of the electricity 20
retailer a statement of levy liability to replace a statement of levy liability 21
previously given to the customer-- 22
(a) if the outcome of a review or appeal requires it; or 23
(b) to correct mistakes of fact or arithmetic error in the calculation of 24
a levy amount. 25
Division 2--Notification requirements for standard contracts 26
90 Notification requirement for exemption for standard contract 27
(1) This section applies to a non-contestable customer for a standard 28
contract with an electricity retailer if the customer claims that the standard 29
contract is, or has been for a particular period, an exempt standard contract. 30
s 91 49 s 92
Community Ambulance Cover Bill 2003
(2) The non-contestable customer may notify the electricity retailer in 1
the approved form of the circumstances supporting the claim. 2
91 Notification requirement for loss of exemption for standard 3
contract 4
(1) This section applies if-- 5
(a) an exempt standard contract is being dealt with by an electricity 6
retailer, for the purposes of electricity accounts, as an exempt 7
standard contract; and 8
(b) the standard contract stops being an exempt standard contract. 9
(2) The non-contestable customer for the contract must, within 28 days 10
after the contract stops being an exempt standard contract, notify the 11
electricity retailer in the approved form-- 12
(a) that the contract has stopped being an exempt standard contract; 13
and 14
(b) when the contract stopped being an exempt standard contract. 15
Division 3--Notification requirements for power card arrangements 16
92 Notification requirement for exemption for power card 17
arrangement 18
(1) This section applies to a power card arrangement that is, or that has 19
been for a particular period, an exempt power card arrangement. 20
(2) If a person who has direct knowledge of the circumstances causing 21
the power card arrangement to be, or to have been, an exempt power card 22
arrangement is the owner for the arrangement, the person may notify the 23
relevant electricity retailer for the arrangement in the approved form of the 24
circumstances supporting the claim. 25
(3) If a person who has direct knowledge of the circumstances causing 26
the power card arrangement to be, or to have been, an exempt power card 27
arrangement is not the owner for the arrangement, the person may notify 28
the owner for the arrangement in the approved form of the circumstances 29
causing the power card arrangement to be, or to have been, an exempt 30
power card arrangement. 31
s 93 50 s 93
Community Ambulance Cover Bill 2003
(4) If the owner for the arrangement receives an approved form under 1
subsection (3) that is properly completed, the owner must claim the 2
exemption by giving notice in the approved form to the relevant electricity 3
retailer for the power card arrangement not later than 28 days after receipt 4
of the person's notification. 5
93 Notification requirement for loss of exemption for power card 6
arrangement 7
(1) This section applies if-- 8
(a) an exempt power card arrangement is being dealt with by an 9
electricity retailer as an exempt power card arrangement; and 10
(b) the power card arrangement stops being an exempt power card 11
arrangement. 12
(2) If the relevant person is not the owner for the arrangement, the 13
relevant person must, within 28 days after the arrangement stops being an 14
exempt power card arrangement, notify the owner for the arrangement in 15
the approved form-- 16
(a) that the arrangement has stopped being an exempt power card 17
arrangement; and 18
(b) when the arrangement stopped being an exempt power card 19
arrangement. 20
Maximum penalty--100 penalty units. 21
(3) Within 28 days after receiving advice from the relevant person under 22
subsection (2), the owner must notify the electricity retailer in the approved 23
form of the notification received from the relevant person. 24
(4) If the relevant person is the owner for the arrangement, the relevant 25
person must, within 28 days after the arrangement stops being an exempt 26
power card arrangement, notify the relevant electricity retailer for the 27
arrangement in the approved form-- 28
(a) that the arrangement has stopped being an exempt power card 29
arrangement; and 30
(b) when the arrangement stopped being an exempt power card 31
arrangement. 32
(5) In this section-- 33
s 94 51 s 95
Community Ambulance Cover Bill 2003
"relevant person" means the person who had direct knowledge of the 1
circumstances causing the power card arrangement to be an exempt 2
power card arrangement and who either-- 3
(a) notified the owner for the arrangement of the circumstances; or 4
(b) as owner for the arrangement, notified the electricity retailer of 5
the circumstances to make the claim for exemption on his or her 6
own behalf. 7
Division 4--Notification requirements for on-supply arrangements 8
94 Notification requirement for exemption for on-supply 9
arrangement 10
(1) This section applies to an on-supply arrangement that is, or that has 11
been for a particular period, an exempt on-supply arrangement. 12
(2) A person who has direct knowledge of the circumstances causing the 13
on-supply arrangement to be, or to have been, an exempt on-supply 14
arrangement may notify the on-supplier for the arrangement in the 15
approved form of the circumstances causing the on-supply arrangement to 16
be, or to have been, an exempt on-supply arrangement. 17
(3) If the on-supplier for the arrangement receives an approved form 18
under subsection (2) that is properly completed, the on-supplier must claim 19
the exemption by giving notice in the approved form to the relevant 20
electricity retailer for the on-supply arrangement not later than 28 days 21
after receipt of the person's notification. 22
(4) If the on-supply arrangement is an on-supply arrangement (type 1), 23
and the person who notifies the on-supplier under subsection (2) is the 24
occupier of the separate area the subject of the on-supply arrangement but 25
is not also the receiver for the arrangement, the occupier must advise the 26
receiver of the notification in any reasonable way as soon as practicable 27
after the notification is made. 28
95 Notification requirement for loss of exemption for on-supply 29
arrangement 30
(1) This section applies if-- 31
s 96 52 s 96
Community Ambulance Cover Bill 2003
(a) an exempt on-supply arrangement is being dealt with by an 1
electricity retailer, for the purposes of electricity accounts, as an 2
exempt on-supply arrangement; and 3
(b) the on-supply arrangement stops being an exempt on-supply 4
arrangement. 5
(2) The relevant person must, within 28 days after the arrangement stops 6
being an exempt on-supply arrangement, notify the on-supplier for the 7
arrangement in the approved form-- 8
(a) that the arrangement has stopped being an exempt on-supply 9
arrangement; and 10
(b) when the arrangement stopped being an exempt on-supply 11
arrangement. 12
Maximum penalty--100 penalty units. 13
(3) Within 28 days after receiving advice from the relevant person under 14
subsection (2), the on-supplier must notify the electricity retailer in the 15
approved form of the notification received from the relevant person. 16
(4) In this section-- 17
"relevant person" means the person who notified the on-supplier for the 18
arrangement that the on-supply arrangement was an exempt on-supply 19
arrangement. 20
96 Returns and notices 21
(1) If a person is an on-supplier for 1 or more on-supply arrangements, 22
the person must, within 90 days after the commencement of this section, 23
give to the relevant electricity retailer for each arrangement a return 24
complying with subsection (3), and in the approved form, about all the 25
arrangements. 26
(2) If a person becomes an on-supplier after the commencement of this 27
section, the person must, within 90 days after becoming an on-supplier, 28
give to the relevant electricity retailer for each on-supply arrangement for 29
which the person is the on-supplier, a return complying with 30
subsection (3), and in the approved form, about all the arrangements. 31
(3) The return must include the following information-- 32
(a) the number of on-supply arrangements; 33
s 97 53 s 98
Community Ambulance Cover Bill 2003
(b) the number of on-supply arrangements that are exempt on-supply 1
arrangements. 2
(4) An electricity retailer may, by written notice given to a person, 3
require the person to give the electricity retailer a return in the approved 4
form about on-supply arrangements for which the person is the on-supplier 5
and the electricity retailer is the relevant electricity retailer. 6
(5) A person given a notice under subsection (4) must comply with the 7
requirement. 8
(6) A person must, within 28 days after there is a change in the number 9
of on-supply arrangements for which the person is the on-supplier and for 10
which an electricity retailer is the relevant electricity retailer, give the 11
electricity retailer a notice in the approved form of-- 12
(a) the change; and 13
(b) when the change happened. 14
Division 5--Notification requirements for contestable sale arrangements 15
97 Notification requirement for exemption for contestable sale 16
arrangement 17
(1) This section applies to the relevant contestable customer for a 18
contestable sale arrangement if the customer claims that the contestable 19
sale arrangement is, or has been for a particular period, an exempt 20
contestable sale arrangement. 21
(2) The relevant contestable customer may notify the relevant electricity 22
retailer for the arrangement in the approved form of the circumstances 23
supporting the claim to exemption. 24
98 Notification requirement for loss of exemption for contestable 25
sale arrangement 26
(1) This section applies if-- 27
(a) an exempt contestable sale arrangement is being dealt with by an 28
electricity retailer, for the purposes of electricity accounts, as an 29
exempt contestable sale arrangement; and 30
(b) the contestable sale arrangement stops being an exempt 31
contestable sale arrangement. 32
s 99 54 s 100
Community Ambulance Cover Bill 2003
(2) The contestable customer for the arrangement must, within 28 days 1
after the arrangement stops being an exempt contestable sale arrangement, 2
notify the electricity retailer in the approved form-- 3
(a) that the arrangement has stopped being an exempt contestable 4
sale arrangement; and 5
(b) when the arrangement stopped being an exempt contestable sale 6
arrangement. 7
Division 6--Special notification provisions 8
99 Particular exemptions taken to be notified under divs 25 9
(1) For an exemption for an electricity sale arrangement on the basis of 10
the pensioner exemption, an electricity retailer is taken to be notified, for 11
division 2, 3, 4 or 5, of the circumstances causing the electricity sale 12
arrangement to be or to have been an exempt arrangement by the making of 13
a claim with the electricity retailer, whether before or after the 14
commencement of this section, for an electricity rebate. 15
(2) For an exemption for an electricity sale arrangement on the basis of 16
the pump exemption, an electricity retailer is taken to be notified, for 17
division 2, 3 or 5, of the circumstances causing the electricity sale 18
arrangement to be or to have been an exempt arrangement if any electricity 19
retail services provided for the arrangement are charged or chargeable at a 20
tariff of a type prescribed under a regulation. 21
100 Notification for government exemptions 22
Information that may be, or that is required to be, notified under 23
division 2, 3, 4 or 5 because of a government exemption may be given in a 24
way approved by the commissioner rather than as required under the 25
division. 26
s 101 55 s 103
Community Ambulance Cover Bill 2003
Division 7--Payment of levy 1
101 Payment of levy amount shown in statement of levy liability 2
(1) The electricity customer of an electricity retailer must pay the 3
electricity retailer the total levy amount shown in a statement of levy 4
liability given to the electricity customer by the electricity retailer. 5
(2) If the statement of levy liability is included in an electricity account, 6
the total levy amount must be paid on or before the day stated in the 7
electricity account as the day for payment of the electricity account. 8
(3) If the statement of levy liability is not included in the electricity 9
account, the total levy amount must be paid within the period stated in the 10
statement for payment of the levy amount. 11
(4) The period stated in the statement of levy liability under 12
subsection (3) must be the period, of not less than 30 days, approved by the 13
commissioner. 14
(5) The electricity customer must pay the total levy amount shown in the 15
statement of levy liability even if the electricity customer claims for any 16
reason that the customer is not liable to pay all or part of the levy amount 17
shown. 18
102 Priority of application of payment 19
Any payment received by an electricity retailer for an electricity account 20
must be applied first in payment of any levy amount or other amount 21
payable under this Act for any electricity sale arrangement to which the 22
account relates, before it is applied in payment of any other amount 23
payable under the account. 24
103 Payment to commissioner of received levy amounts 25
(1) An electricity retailer must pay to the commissioner a levy amount 26
collected-- 27
(a) within 1 day after the electricity retailer receives the amount; or 28
(b) within a later time approved by the commissioner. 29
(2) The electricity retailer must pay the amount to the commissioner 30
without any deduction or set-off of any type, including, in particular, 31
without any deduction or set-off for any administration fee payable to the 32
s 104 56 s 104
Community Ambulance Cover Bill 2003
electricity retailer by the commissioner for the collection of the levy 1
amount. 2
(3) Despite subsections (1) and (2), if the electricity retailer is authorised 3
to pay a refund under division 8, the electricity retailer may pay the refund 4
out of levy amounts collected. 5
(4) When an electricity retailer pays to the commissioner a levy amount 6
collected from an electricity customer, the electricity retailer must give the 7
commissioner a return in the approved form for the payment. 8
(5) The return must include information about any amount that has not 9
been included in the payment because it has been used to pay a refund. 10
(6) The refusal of the commissioner to approve a later time under 11
subsection (1)(b) is a non-reviewable decision. 12
104 Voluntary contributions 13
(1) This section applies if-- 14
(a) an electricity sale arrangement is a standard contract or a 15
contestable sale arrangement; and 16
(b) the electricity sale arrangement is an exempt arrangement 17
because of a pensioner exemption; and 18
(c) the electricity sale arrangement is being dealt with by the 19
relevant electricity retailer for the arrangement as an exempt 20
arrangement; and 21
(d) the electricity customer for the electricity sale arrangement 22
voluntarily pays to the electricity retailer an amount ("voluntary 23
contribution") that is additional to any amount that is payable 24
by the customer for the electricity account relating to the 25
electricity sale arrangement. 26
(2) To the extent the voluntary contribution is not more than the relevant 27
amount in a financial year, the voluntary contribution is taken, for all 28
purposes of this Act, to be a levy amount received by an electricity retailer 29
and payable to the commissioner. 30
(3) In this section-- 31
"relevant amount" means the amount prescribed under a regulation. 32
s 105 57 s 107
Community Ambulance Cover Bill 2003
105 Requirement to pay shortfall amount 1
(1) If an electricity retailer becomes aware of a shortfall amount payable 2
by a person, the electricity retailer must give written notice to the person of 3
the shortfall amount. 4
(2) The commissioner may give written notice to a person of a shortfall 5
amount payable by a person. 6
(3) A written notice given under subsection (1) may be included in an 7
electricity account. 8
(4) A person given a notice under subsection (1) or (2) must pay the 9
shortfall amount to the person who gave the notice within 14 days after the 10
person receives the notice. 11
(5) A notice must not be given under subsection (1) or (2) more than 12
5 years after the shortfall amount should have been paid. 13
(6) The limitation in subsection (5) does not apply if, in failing to pay the 14
shortfall amount, the person-- 15
(a) acted fraudulently; or 16
(b) knowingly misled the commissioner or an electricity retailer; or 17
(c) otherwise acted deliberately to evade payment of the amount. 18
(7) A notice given under subsection (1) or (2) must include advice to the 19
effect that the person has a right of objection under this Act if the person 20
claims that the shortfall amount is an incorrect amount or that no shortfall 21
amount is payable. 22
Division 8--Refund of overpaid levy 23
106 Refund made only under this division 24
A person is not entitled to a refund by an electricity retailer of any levy 25
amount paid, or purportedly paid, under this Act other than under this 26
division. 27
107 Refund of overpaid levy for electricity sale arrangement 28
(1) This section applies if-- 29
s 108 58 s 108
Community Ambulance Cover Bill 2003
(a) as required by a statement of levy liability, an electricity 1
customer pays an electricity retailer a levy amount (the "paid 2
amount") for an electricity sale arrangement; and 3
(b) some or all of the paid amount (the "refund amount") relates to 4
a period of 1 or more days when the electricity sale arrangement 5
was an exempt arrangement. 6
(2) The electricity customer may claim the refund amount by giving the 7
electricity retailer a claim in the approved form or by complying with the 8
notification requirements under this part. 9
(3) If the electricity retailer is satisfied the electricity customer is entitled 10
to the refund amount, the electricity retailer must-- 11
(a) pay the refund amount to the electricity customer; or 12
(b) provide the electricity customer with a credit for the refund 13
amount in the next statement of levy liability issued to the 14
customer. 15
(4) However, the electricity retailer must apply all or part of the refund 16
amount as payment for any levy amount the electricity customer is liable to 17
pay for the electricity sale arrangement but has not been paid. 18
(5) A person is not entitled to a refund under this section if-- 19
(a) more than 1 year has elapsed since the paid amount was paid; 20
and 21
(b) in the year, the person has not claimed the refund in the way 22
provided for in this section. 23
108 Refund on issue of replacement statement of levy liability 24
(1) An electricity customer is entitled to a refund of a levy amount paid 25
for an electricity sale arrangement if the customer's levy liability is 26
decreased by the issue of a replacement statement of levy liability. 27
(2) The electricity retailer must refund the overpaid amount to the 28
electricity customer by-- 29
(a) paying the overpaid amount to the customer; or 30
(b) providing the customer with a credit for the overpaid amount in 31
the next statement of levy liability issued to the customer. 32
s 109 59 s 112
Community Ambulance Cover Bill 2003
(3) However, the electricity retailer must apply all or part of the overpaid 1
amount as payment for any levy amount the electricity customer is liable to 2
pay for the electricity sale arrangement but has not been paid. 3
109 No interest on refund 4
A person is not entitled to interest on any levy amount required to be 5
refunded to the person under this Act. 6
Division 9--Waiving payment and writing-off liability 7
110 Waiver of levy liability 8
(1) The commissioner may waive payment of an electricity customer's 9
levy liability up to the amount prescribed under a regulation. 10
(2) If the commissioner waives payment, the liability to pay the amount 11
waived is extinguished. 12
(3) A decision to refuse to waive payment is a non-reviewable decision. 13
111 Effect of writing-off levy liability 14
If all or part of an electricity customer's levy liability is written-off under 15
the Financial Administration and Audit Act 1977, section 106,1 the 16
writing-off does not extinguish the electricity customer's liability or 17
prevent a later proceeding against the customer to recover the amount of 18
the liability. 19
Division 10--Action for non-payment 20
112 Recovery of unpaid levy amount 21
(1) If a person does not pay a levy amount to an electricity retailer within 22
the time the person is required under this Act to pay the amount, the 23
electricity retailer must carry out procedures for recovery of the unpaid 24
levy amount as the commissioner directs. 25
1 Financial Administration and Audit Act 1977, section 106 (Losses and special
payments)
s 113 60 s 114
Community Ambulance Cover Bill 2003
(2) The terms of an administration agreement between the commissioner 1
and the electricity retailer do not limit the directions the commissioner may 2
give under subsection (1). 3
113 Disconnection of electricity supply 4
(1) The disconnection provisions apply if a person fails to pay an 5
electricity retailer a levy amount under this Act as if the failure to pay the 6
levy amount were a failure to pay the electricity retailer an amount the 7
person owes the electricity retailer for the provision of electricity retail 8
services. 9
(2) An electricity retailer must take action under the disconnection 10
provisions, including action to cause the supply of electricity to an 11
electricity customer of the electricity retailer to be disconnected, if-- 12
(a) the electricity customer owes the electricity retailer-- 13
(i) a levy amount; and 14
(ii) an amount payable by the customer for the provision of 15
electricity retail services; and 16
(b) the electricity retailer would, under its established business 17
procedures, take action under the disconnection provisions in 18
relation to the electricity customer if the total owed amount 19
consisted only of an amount payable by the electricity customer 20
for the provision of electricity retail services. 21
(3) Subsection (2) does not limit subsection (1). 22
(4) This section does not apply for power card arrangements. 23
(5) In this section-- 24
"total owed amount" means the total of the following-- 25
(a) the amount mentioned in subsection (2)(a)(i); 26
(b) the amount mentioned in subsection (2)(a)(ii). 27
114 Unpaid levy amount is a debt to the State 28
(1) If a levy amount is not paid by a person to an electricity retailer as 29
required under this Act, the commissioner may recover the unpaid levy 30
amount, as a debt payable to the State, in a court of competent jurisdiction. 31
s 115 61 s 117
Community Ambulance Cover Bill 2003
(2) Subsection (1) does not stop the electricity retailer, while the levy 1
amount remains unpaid, from, as provided for in this part-- 2
(a) carrying out procedures for recovery of the unpaid levy amount; 3
or 4
(b) taking action under the disconnection provisions to cause the 5
supply of electricity to the person to be disconnected. 6
Division 11--Miscellaneous provisions for power card arrangements 7
115 Ability of owner to recover levy amount 8
(1) This section applies if a power card premises for a power card 9
arrangement are the subject of a lease, tenancy or other right of occupation 10
from the owner for the arrangement. 11
(2) The owner may recover from the occupier of the power card premises 12
a levy amount for the power card arrangement that the owner has paid, or 13
that is payable by the owner, for the power card arrangement, but only to 14
the extent the levy amount relates to the period of the lease, tenancy or 15
occupation. 16
116 Recovery of levy by owner 17
An owner for a power card arrangement must not recover, or try to 18
recover, from a person a levy amount for the arrangement, or an amount 19
purportedly payable as a levy amount for the arrangement, unless the 20
owner has received a statement of levy liability for the amount. 21
Maximum penalty--100 penalty units. 22
117 Failure to notify electricity retailer of exemption information 23
(1) This section applies if-- 24
(a) an owner for a power card arrangement is notified, in the way this 25
part provides, of the circumstances causing the arrangement to 26
be, or to have been, an exempt power card arrangement; and 27
(b) the owner does not, in the way this part provides, claim the 28
exemption from the relevant electricity retailer for the 29
arrangement; and 30
s 118 62 s 119
Community Ambulance Cover Bill 2003
(c) because of the owner's failure, the owner is required to pay a levy 1
amount for the arrangement. 2
(2) The owner must not recover, or take action to try to recover, from any 3
person the levy amount paid. 4
(3) Subsection (2) does not stop the owner from seeking a refund from 5
the electricity retailer of the levy amount. 6
118 Payment of refund to entitled person 7
(1) This section applies if the owner for a power card arrangement 8
receives a refund, for any reason, of a levy amount that was overpaid for 9
the arrangement (the "refund amount"). 10
(2) The owner must, within 90 days after receiving the refund amount 11
(the "relevant period"), pay the required amount to the entitled person. 12
(3) If the owner does not pay the entitled person the required amount 13
within the relevant period, the owner must, within 7 days after the relevant 14
period-- 15
(a) give the commissioner written notice that the entitled person was 16
not paid the required amount; and 17
(b) pay the commissioner the required amount plus interest at the 18
prescribed rate calculated, on the balance payable from time to 19
time, from the date the owner received the refund amount to the 20
date the required amount is paid to the commissioner. 21
Maximum penalty--100 penalty units. 22
(4) In this section-- 23
"entitled person" means the person from whom the owner recovered, or 24
otherwise collected, the required amount. 25
"required amount" means the refund amount to the extent it represents an 26
amount that the owner has already recovered or otherwise collected 27
from a person as authorised under this Act. 28
119 No recovery from Commonwealth 29
This division does not authorise the owner for a power card arrangement 30
to recover a levy amount from the Commonwealth. 31
s 120 63 s 121
Community Ambulance Cover Bill 2003
Division 12--Miscellaneous provisions for on-supply arrangements 1
120 Ability of on-supplier to recover levy amount 2
(1) The on-supplier for an on-supply arrangement may recover a levy 3
amount for the arrangement that the on-supplier has paid, or that is payable 4
by the on-supplier, for the on-supply arrangement from any of the 5
following-- 6
(a) if there is a receiver for the arrangement--the receiver; 7
(b) if the on-supplier is not the owner of the separate area for the 8
arrangement--the owner; 9
(c) if the separate area for the arrangement is the subject of a lease, 10
tenancy or other right of occupation--the occupier, but only to 11
the extent the levy amount relates to the period of the lease, 12
tenancy or occupation. 13
(2) If the on-supplier for an on-supply arrangement recovers a levy 14
amount from the receiver for the arrangement the receiver may recover the 15
amount from, if the receiver is not the owner of the separate area-- 16
(a) the owner of the separate area; or 17
(b) a person who is the occupier of the separate area, but only to the 18
extent the levy amount relates to the period of the person's lease, 19
tenancy or occupation. 20
(3) If the on-supplier or the receiver for an on-supply arrangement 21
recovers a levy amount from the owner of the separate area for the 22
arrangement, the owner may recover the amount from a person who is the 23
occupier of the separate area, but only to the extent the levy amount relates 24
to the period of the person's lease, tenancy or occupation. 25
121 Recovery of levy by on-supplier 26
An on-supplier must not recover, or try to recover, from a person a levy 27
amount for an on-supply arrangement, or an amount purportedly payable as 28
a levy amount for an on-supply arrangement, unless the on-supplier has 29
received a statement of levy liability for the amount. 30
Maximum penalty--100 penalty units. 31
s 122 64 s 123
Community Ambulance Cover Bill 2003
122 Failure to notify electricity retailer of exemption information 1
(1) This section applies if-- 2
(a) an on-supplier is notified, in the way this part provides, of the 3
circumstances causing an on-supply arrangement to be, or to 4
have been, an exempt on-supply arrangement; and 5
(b) the on-supplier does not, in the way this part provides, claim the 6
exemption from the relevant electricity retailer for the 7
arrangement; and 8
(c) because of the on-supplier's failure, the on-supplier is required to 9
pay a levy amount for the on-supply arrangement. 10
(2) The on-supplier must not recover, or take action to try to recover, 11
from any person the levy amount paid. 12
(3) Subsection (2) does not stop the on-supplier from seeking a refund 13
from the electricity retailer of the levy amount. 14
123 Payment of refund to entitled person 15
(1) This section applies if the on-supplier for an on-supply arrangement 16
receives a refund, for any reason, of a levy amount that was overpaid for 17
the arrangement (the "refund amount"). 18
(2) The on-supplier must, within 90 days after receiving the refund 19
amount (the "relevant period"), pay the required amount to the entitled 20
person. 21
(3) If the on-supplier does not pay the entitled person the required 22
amount within the relevant period, the on-supplier must, within 7 days after 23
the relevant period-- 24
(a) give the commissioner written notice that the entitled person was 25
not paid the required amount; and 26
(b) pay the commissioner the required amount plus interest at the 27
prescribed rate calculated, on the balance payable from time to 28
time, from the date the on-supplier received the refund amount to 29
the date the required amount is paid to the commissioner. 30
Maximum penalty--100 penalty units. 31
(4) If the entitled person who receives the required amount is the owner 32
of the separate area for the on-supply arrangement, the owner must pay the 33
required amount to the occupier of the separate area, to the extent the 34
s 124 65 s 126
Community Ambulance Cover Bill 2003
required amount represents an amount the owner has already recovered 1
from the occupier under this division. 2
(5) In this section-- 3
"entitled person" means the person from whom the on-supplier recovered, 4
or otherwise collected, the required amount. 5
"required amount" means the refund amount to the extent it represents an 6
amount that the on-supplier has already recovered or otherwise 7
collected from a person as authorised under this Act. 8
124 No recovery from Commonwealth 9
This division does not authorise the on-supplier for an on-supply 10
arrangement, or the owner of the separate area the subject of an on-supply 11
arrangement, to recover a levy amount from the Commonwealth. 12
PART 8--LATE PAYMENTS 13
125 Unpaid levy interest 14
(1) An electricity retailer must pay interest ("unpaid levy interest") on 15
all levy amounts received by the electricity retailer and payable to the 16
commissioner and unpaid from time to time. 17
(2) Unpaid levy interest accrues daily at the prescribed rate on an unpaid 18
levy amount for the period starting on the day immediately after the day the 19
unpaid levy amount became payable to the commissioner and ending on 20
the day the unpaid levy amount is paid in full, both days inclusive. 21
126 Commissioner may remit unpaid levy interest 22
(1) The commissioner may remit the whole or part of any unpaid levy 23
interest an electricity retailer owes. 24
(2) The remission must be made by written notice given to the electricity 25
retailer. 26
s 127 66 s 127
Community Ambulance Cover Bill 2003
PART 9--REVIEW OF DECISIONS 1
Division 1--Objections 2
127 Who may lodge objection 3
(1) An electricity customer of an electricity retailer who is dissatisfied 4
with any of the following may lodge a written objection with the 5
commissioner-- 6
(a) the levy amount stated in a statement of levy liability issued to 7
the customer by the retailer; 8
(b) a written notice given to the customer of a shortfall amount 9
payable by the customer; 10
(c) a decision of the commissioner or the electricity retailer affecting 11
the customer's liability to pay the levy; 12
(d) a decision of the electricity retailer about a claim by the customer 13
for a refund of a levy amount paid. 14
(2) Also, a person mentioned in subsection (3) who is dissatisfied with a 15
decision of the commissioner or an electricity retailer about the status of an 16
on-supply arrangement or a power card arrangement as an exempt 17
arrangement may lodge a written objection with the commissioner. 18
(3) For subsection (2), the persons are-- 19
(a) a person who notifies the on-supplier for an on-supply 20
arrangement that the arrangement is an exempt on-supply 21
arrangement; and 22
(b) a person who notifies the owner for a power card arrangement 23
that the arrangement is an exempt power card arrangement. 24
(4) However, an objection may not be made under subsection (1)(a) on 25
the grounds of the status of an electricity sale arrangement as an exempt 26
arrangement unless the customer complies, on or before lodging the 27
objection, with the notification provisions under part 7. 28
(5) This section does stop an electricity customer from asking an 29
electricity retailer to act under section 89 to give the electricity customer a 30
replacement statement of levy liability. 31
s 128 67 s 131
Community Ambulance Cover Bill 2003
128 Requirements for lodging objection 1
(1) The grounds of objection must be stated fully and in detail in the 2
written objection lodged with the commissioner. 3
(2) The written objection must, if the objection relates to the status of an 4
electricity sale arrangement as an exempt arrangement, be accompanied by 5
a copy of the notice supporting the claim to exemption given to the 6
electricity retailer by the electricity customer. 7
(3) The objection must be lodged within 60 days after the objector 8
receives the statement of levy liability, written notice of a shortfall amount 9
or notice of the decision. 10
(4) If the commissioner is satisfied an objector has a reasonable excuse 11
for failing to lodge an objection within the 60 day period, the commissioner 12
may extend the time for lodging the objection. 13
(5) The commissioner's decision to refuse to extend the time for lodging 14
an objection is a non-reviewable decision. 15
129 Onus of proof of objection 16
An objector has the onus of proving the objector's case. 17
130 Deciding objection 18
(1) After considering the objection, the commissioner may-- 19
(a) allow all or part of the objection; or 20
(b) disallow the objection. 21
(2) If the decision was made by a delegate of the commissioner, the 22
delegate must not decide the objection. 23
131 Notice of decision 24
(1) The commissioner must give written notice of the commissioner's 25
decision on the objection to-- 26
(a) the objector; and 27
(b) the relevant electricity retailer for the electricity sale arrangement 28
the objection relates to. 29
(2) The notice must state the following-- 30
s 132 68 s 135
Community Ambulance Cover Bill 2003
(a) the reasons for the decision; 1
(b) the objector may, within 60 days after receiving the notice, 2
appeal against the decision; 3
(c) how to appeal. 4
Division 2--Appeals 5
132 Right of appeal 6
An objector who is dissatisfied with the commissioner's decision on an 7
objection, may appeal against the decision. 8
133 How to start appeal 9
(1) The appeal is started by-- 10
(a) filing notice of appeal with the clerk of the court of the 11
Magistrates Court nearest the place where the objection was 12
lodged; and 13
(b) giving a copy of the notice of appeal to the commissioner. 14
(2) The notice of appeal must be filed within 60 days after the appellant 15
receives notice of the commissioner's decision on the objection. 16
(3) The court may at any time extend the time for filing the notice of 17
appeal. 18
(4) The notice of appeal must state fully the grounds of the appeal and 19
the facts relied on. 20
(5) The grounds of the appeal are limited to the grounds of objection 21
unless the court otherwise orders. 22
134 Onus on appeal 23
On the appeal, the appellant has the onus of proving the appellant's case. 24
135 Procedures for hearing appeal 25
(1) In deciding the appeal, the Magistrates Court-- 26
(a) is not bound by the rules of evidence; and 27
s 136 69 s 139
Community Ambulance Cover Bill 2003
(b) must comply with natural justice; and 1
(c) may hear the appeal in court or chambers. 2
(2) An appeal is by way of rehearing. 3
136 Deciding appeal 4
(1) On the appeal, the Magistrates Court may-- 5
(a) confirm the decision; or 6
(b) set aside the decision and substitute another decision; or 7
(c) set aside the decision and return the issue to the commissioner 8
with the directions the court considers appropriate. 9
(2) If the court substitutes another decision, the substituted decision is 10
taken for this Act, other than this part, to be the commissioner's decision. 11
137 Appeals to District Court 12
An appeal lies to the District Court from a decision of the Magistrates 13
Court, but only on a question of law. 14
Division 3--Decisions not subject to objection, appeal or review 15
138 What is a "non-reviewable decision" 16
(1) A "non-reviewable decision" is a decision that, under this Act, is 17
declared to be a non-reviewable decision. 18
(2) In this section-- 19
"decision" includes a decision or conduct leading up to or forming part of 20
the process of making a decision. 21
139 Effect of a non-reviewable decision 22
A non-reviewable decision-- 23
(a) is final and conclusive; and 24
(b) is not subject to objection or appeal under this part; and 25
s 140 70 s 141
Community Ambulance Cover Bill 2003
(c) can not be challenged, appealed against, reviewed, quashed, set 1
aside, or called in question in another way, under the Judicial 2
Review Act 1991 or otherwise (whether by the Supreme Court, 3
another court, a tribunal or another entity); and 4
(d) is not subject to a writ or order of the Supreme Court, another 5
court, a tribunal or another entity on any ground. 6
140 Application of Judicial Review Act 1991 7
The Judicial Review Act 1991, parts 3 and 5,2 do not apply to-- 8
(a) a decision of the commissioner or an electricity retailer on a 9
person's levy liability; or 10
(b) a decision or conduct leading up to or forming part of the process 11
of making a decision mentioned in paragraph (a); or 12
(c) a decision disallowing all or part of an objection against a 13
decision. 14
PART 10--APPLICATION OF TAXATION 15
ADMINISTRATION ACT 2001 16
Division 1--Preliminary 17
141 This Act as a revenue law for Administration Act 18
The Administration Act, parts 3 to 6, do not apply to this Act as a 19
revenue law under the Administration Act.3 20
2 Judicial Review Act 1991, parts 3 (Statutory orders of review) and 5 (Prerogative
orders and injunctions)
3 The Taxation Administration Act 2001, section 6 (Revenue laws) declares this Act to
be a revenue law.
s 142 71 s 143
Community Ambulance Cover Bill 2003
Division 2--Confidentiality 1
142 Application of Administration Act, s 111 2
(1) For the Administration Act, section 111,4 the following persons are 3
taken to be officials-- 4
(a) a person who is, or has been, an electricity retailer or an 5
authorised subcontractor of the electricity retailer; 6
(b) a person who is, or has been, an employee, agent or contractor of 7
an electricity retailer or an authorised subcontractor of the 8
electricity retailer. 9
(2) Section 111(1) of the Administration Act does not stop an electricity 10
retailer or its authorised subcontractor disclosing confidential information 11
to the commissioner. 12
143 Use of information obtained under taxation law 13
(1) The commissioner may use information obtained in the 14
administration or enforcement of a taxation law for the administration or 15
enforcement of this Act. 16
(2) In this section-- 17
"taxation law" means-- 18
(a) a law of the Commonwealth or a State about the assessment or 19
imposition of a tax, fee, duty or other impost; or 20
(b) the Fuel Subsidy Act 1997; or 21
(c) the First Home Owner Grant Act 2000. 22
4 Taxation Administration Act 2001, section 111 (Disclosure of confidential
information)
s 144 72 s 144
Community Ambulance Cover Bill 2003
Division 3--Record keeping 1
144 Requirement to keep records for levy 2
(1) The Administration Act, section 1145 does not apply to a person's 3
levy liability. 4
(2) An electricity retailer must keep the records necessary to enable the 5
levy liability of the electricity retailer's electricity customers to be 6
ascertained. 7
Maximum penalty--100 penalty units. 8
(3) A following person must keep the records necessary to enable the 9
person's levy liability to be ascertained-- 10
(a) an on-supplier; 11
(b) an electricity customer under an electricity sale arrangement that 12
is dealt with as an exempt arrangement. 13
Maximum penalty--100 penalty units. 14
(4) A person who notifies the on-supplier for an on-supply arrangement 15
that the arrangement is an exempt on-supply arrangement must keep the 16
records necessary to enable the status of the on-supply arrangement as an 17
exempt on-supply arrangement to be ascertained. 18
Maximum penalty--100 penalty units. 19
(5) A person who notifies the owner for a power card arrangement that 20
the arrangement is an exempt power card arrangement must keep the 21
records necessary to enable the status of the power card arrangement as an 22
exempt power card arrangement to be ascertained. 23
Maximum penalty--100 penalty units. 24
(6) For subsections (2) to (5), the commissioner may, by written notice 25
given to a person, require the person to keep a particular record stated in 26
the notice for this Act. 27
(7) The person must, unless the person has a reasonable excuse, comply 28
with the notice. 29
Maximum penalty for subsection (7)--100 penalty units. 30
5 Taxation Administration Act 2001, section 114 (Requirement to keep proper
records)
s 145 73 s 146
Community Ambulance Cover Bill 2003
Division 4--Enforcement and legal proceedings 1
145 Failure to give notice 2
If, under this Act, a person is required to give to an electricity retailer a 3
notice about a matter, the person must not fail, without reasonable excuse, 4
to comply with the requirement. 5
Maximum penalty--100 penalty units. 6
146 Prohibition on giving false or misleading documents to electricity 7
retailer, on-supplier or owner 8
(1) A person must not give an electricity retailer, an on-supplier or the 9
owner for a power card arrangement a document containing information 10
the person knows, or should reasonably know, is false or misleading in a 11
material particular. 12
Maximum penalty--100 penalty units. 13
(2) Subsection (1) does not apply to a person who, when giving the 14
document-- 15
(a) tells the electricity retailer, on-supplier or owner of the extent to 16
which the document is false or misleading; and 17
(b) to the extent the person has, or can reasonably get, the correct 18
information--gives the correct information to the electricity 19
retailer, on-supplier or owner. 20
(3) It is enough for a complaint against a person for an offence against 21
subsection (1) to state the document was `false or misleading', without 22
specifying which. 23
(4) This section applies in addition to the Administration Act, 24
section 122.6 25
6 Taxation Administration Act 2001, section 122 (False or misleading documents)
s 147 74 s 149
Community Ambulance Cover Bill 2003
147 Prohibition on giving false or misleading information to electricity 1
retailer, on-supplier or owner 2
(1) A person must not state anything to an electricity retailer, an 3
on-supplier or the owner for a power card arrangement that the person 4
knows is false or misleading in a material particular. 5
Maximum penalty--100 penalty units. 6
(2) It is enough for a complaint for an offence against subsection (1), to 7
state the statement made was `false or misleading' to the person's 8
knowledge, without specifying which. 9
(3) This section applies in addition to the Administration Act, 10
section 123.7 11
148 Evidentiary provision for statements of levy liability 12
(1) Production of a document signed by the commissioner purporting to 13
be a copy of a statement of levy liability or a notice of a shortfall amount-- 14
(a) is conclusive evidence of the proper making of the statement or 15
notice; and 16
(b) for-- 17
(i) a proceeding on an appeal against a decision on an 18
objection--is evidence that the amount and all particulars of 19
the liability are correct; or 20
(ii) another proceeding--is conclusive evidence that the amount 21
and all particulars of the liability are correct. 22
(2) The validity of a statement of levy liability or notice or a shortfall 23
amount is not affected merely because this Act has not been complied with. 24
Division 5--Giving and lodging documents 25
149 Additional ways of giving documents to commissioner 26
(1) For this Act, a document, other than a document for a proceeding, 27
may be given to the commissioner by-- 28
7 Taxation Administration Act 2001, section 123 (False or misleading information)
s 150 75 s 151
Community Ambulance Cover Bill 2003
(a) leaving it at any office of an electricity retailer or an authorised 1
subcontractor of an electricity retailer; or 2
(b) sending it by post or facsimile to an electricity retailer or an 3
authorised subcontractor of an electricity retailer. 4
(2) A document given to the commissioner under subsection (1) is taken 5
to be given to the commissioner-- 6
(a) if it is given to the commissioner in the way mentioned in 7
subsection (1)(a)--when it is actually received by the electricity 8
retailer or authorised subcontractor with whom it is left; or 9
(b) if it is sent by facsimile--the date the facsimile is sent.8 10
(3) Subsection (1) applies in addition to the Administration Act, 11
section 143.9 12
150 Requirement if electricity retailer or authorised subcontractor 13
given document for commissioner 14
An electricity retailer, or an authorised subcontractor of an electricity 15
retailer, to whom a document is given under section 149 must, as soon as 16
practicable after receiving the document, give the document to the 17
commissioner in a way mentioned in the Administration Act, section 143. 18
151 Giving document if more than 1 electricity customer liable to pay 19
levy for electricity sale arrangement 20
A document is taken to be given to all persons who are liable to pay the 21
levy for an electricity sale arrangement if it is given to 1 of the persons who 22
is liable to pay the levy for the arrangement. 23
8 For time of giving document by post, see Acts Interpretation Act 1954,
section 39A(1)(b).
9 Taxation Administration Act 2001, section 143 (Ways of giving document to
commissioner)
s 152 76 s 155
Community Ambulance Cover Bill 2003
Division 6--Miscellaneous 1
152 Lodgment requirement 2
For the application of the Administration Act to this Act as a revenue 3
law-- 4
"lodge" includes lodge with an electricity retailer. 5
"lodgment requirement" includes a requirement under this Act to give a 6
document to an electricity retailer. 7
PART 11--MISCELLANEOUS 8
153 Approved forms 9
(1) The commissioner may approve forms for use under this Act. 10
(2) A form may be approved for use under this Act that is combined 11
with, or is to be used together with, an approved form under another Act. 12
154 Regulation-making power 13
(1) The Governor in Council may make regulations under this Act. 14
(2) A regulation may prescribe particular services or infrastructure that 15
are, or are not, core government or local government services or public 16
infrastructure under this Act. 17
(3) A regulation may provide for a maximum penalty of not more than 18
20 penalty units for a contravention of a regulation. 19
155 Regulation-making power for introduction of levy 20
(1) A regulation (an "interim regulation") may make provision about a 21
matter for which-- 22
(a) it is necessary to make provision to allow or facilitate the doing 23
of anything to achieve the introduction of the system of 24
collection of the levy by electricity retailers; and 25
(b) this Act does not make provision or sufficient provision. 26
s 156 77 s 158
Community Ambulance Cover Bill 2003
(2) An interim regulation may have retrospective operation to a day not 1
earlier than the day this section commences. 2
(3) An interim regulation must declare it is an interim regulation. 3
(4) This section and any interim regulation expire 1 year after the 4
commencement of this section. 5
PART 12--AMENDMENT OF AMBULANCE SERVICE 6
ACT 1991 7
156 Act amended in pt 12 8
This part amends the Ambulance Service Act 1991. 9
157 Amendment of s 19 (Fund) 10
Section 19(5)(a), `, or as subscriptions paid to the service'-- 11
omit. 12
158 Amendment of s 29 (Members of committees) 13
(1) Section 29(1)-- 14
omit, insert-- 15
`(1) Adults who permanently reside or work in the area served, or to be 16
served, by a committee may, at a general meeting called for the purpose, 17
elect the committee's members.'. 18
(2) Section 29(2)(b) and (c)-- 19
omit, insert-- 20
`(b) is not an adult; or'. 21
(3) Section 29(2)(d) to (f)-- 22
renumber as section 29(2)(c) to (e). 23
s 159 78 s 163
Community Ambulance Cover Bill 2003
159 Amendment of s 29A (Dealing with vacancy in office of a member) 1
(1) Section 29A(2), `a subscriber'-- 2
omit, insert-- 3
`a person who is eligible to be a member of a committee'. 4
(2) Section 29A(4)-- 5
omit. 6
160 Omission of s 44 (Unauthorised teaching of first aid) 7
Section 44-- 8
omit. 9
161 Omission of s 45 (Unauthorised collections) 10
Section 45-- 11
omit. 12
162 Amendment of s 48 (Restricted use of words `Ambulance 13
Service') 14
Section 48(1), `commissioner'-- 15
omit, insert-- 16
`Minister'. 17
163 Insertion of new ss 53B53D 18
After section 53A-- 19
insert-- 20
`53B Exemption from payment for ambulance service 21
`(1) Subject to subsection (3), the following persons are not liable to pay 22
a charge under this Act for the use of an ambulance service-- 23
(a) an individual whose principal place of residence is in 24
Queensland; 25
(b) another individual who is-- 26
s 163 79 s 163
Community Ambulance Cover Bill 2003
(i) a dependant of a person mentioned in paragraph (a); or 1
(ii) under 25 and a full-time student at an educational institution 2
in the State; or 3
(iii) under 25 and a full-time student at an educational institution 4
in another State or a Territory if the student is a child of a 5
person mentioned in paragraph (a). 6
`(2) In deciding whether an individual's principal place of residence is in 7
Queensland, all of the person's circumstances may be taken into account, 8
including, for example, any of the following circumstances-- 9
(a) the individual's address as shown on the individual's driver's 10
licence or an electoral roll for an electoral district under the 11
Electoral Act 1992; 12
(b) whether the individual is living outside of the State. 13
`(3) If an ambulance service is provided to a person, a fee prescribed 14
under a regulation is payable by the person if the person is entitled to 15
recover the amount of the fee under any of the following-- 16
(a) the WorkCover Queensland Act 1996; 17
(b) the Veterans' Entitlements Act 1986 (Cwlth); 18
(c) another law of a State, a Territory or the Commonwealth. 19
`53C Agreement about payment for ambulance service 20
`The chief executive may enter into an agreement with any of the 21
following entities about the payment of an amount for ambulance services 22
provided to a person under this Act-- 23
(a) WorkCover Queensland established under the WorkCover 24
Queensland Act 1996; 25
(b) the Repatriation Commission continued in existence under the 26
Veterans' Entitlements Act 1986 (Cwlth), section 179; 27
(c) the chief executive of the department in which the Health Act 28
1937 is administered; 29
(d) another entity the chief executive considers appropriate. 30
s 164 80 s 165
Community Ambulance Cover Bill 2003
`53D Recovery of fees and charges 1
`A fee or charge payable under this Act and not paid is a debt due to the 2
State and may be recovered by the chief executive in a court having 3
jurisdiction for the recovery of the amount claimed.'. 4
164 Amendment of s 54 (Regulations) 5
(1) Section 54, heading-- 6
omit, insert-- 7
`54 Regulation-making power'. 8
(2) Section 54(2)(b)-- 9
omit. 10
(3) Section 54(2)(c), `subscribers to'-- 11
omit, insert-- 12
`persons who use'. 13
(4) Section 54(2)(e)-- 14
omit. 15
(5) Section 54(2)(c) and (d)-- 16
renumber as section 54(2)(b) and (c). 17
(6) Section 54(3)-- 18
omit. 19
165 Insertion of new pt 8, div 5 20
After section 91-- 21
insert-- 22
`Division 5--Provisions for Community Ambulance Cover Act 2003 23
`92 Definitions for div 5 24
`In this division-- 25
"commencement" means the commencement of this section. 26
s 166 81 s 167
Community Ambulance Cover Bill 2003
"former subscriber" means a person who, immediately before the 1
commencement, is a subscriber under the pre-amended Act. 2
"pre-amended Act" means this Act as in force before the commencement. 3
`93 Former subscriber's entitlement ends 4
`On the commencement, a former subscriber's entitlement to ambulance 5
services under the pre-amended Act ends. 6
`94 Charge not payable for particular ambulance service 7
`(1) This section applies to an ambulance service provided to a person 8
mentioned in section 53B(1) if the provision of the service began before the 9
commencement and ended after the commencement. 10
`(2) The person is not liable to pay a charge under this Act for the use of 11
the ambulance service. 12
`95 Continuation of written authority 13
`(1) This section applies to a written authority of the commissioner 14
mentioned in section 48(1)(a), (c) or (e) of the pre-amended Act if the 15
authority is in force immediately before the commencement. 16
`(2) After the commencement, the written authority is taken to be a 17
written authority of the Minister under section 48(1)(a), (c) or (e).'. 18
166 Amendment of schedule (Dictionary) 19
Schedule, definition "subscriber"-- 20
omit. 21
PART 13--AMENDMENT OF ELECTRICITY ACT 1994 22
167 Act amended in pt 13 23
This part amends the Electricity Act 1994. 24
s 168 82 s 170
Community Ambulance Cover Bill 2003
168 Insertion of new s 55F 1
Chapter 2, part 6-- 2
insert-- 3
`55F Additional condition to comply with Ambulance Cover Act 4
`It is also a condition of a retail authority that the retail entity must 5
comply with all requirements applying to it as an electricity retailer under 6
the Ambulance Cover Act.'. 7
169 Insertion of new s 61A 8
Chapter 2, part 7, after section 61-- 9
insert-- 10
`61A Additional condition to comply with Ambulance Cover Act 11
`It is also a condition of a special approval that the holder must comply 12
with all requirements applying to it as an electricity retailer under the 13
Ambulance Cover Act.'. 14
170 Insertion of new s 119A 15
After section 119-- 16
insert-- 17
`119A Exclusion of disputes relating to community ambulance cover 18
levy 19
`(1) Section 119 does not apply to a dispute between an electricity entity 20
and a customer about-- 21
(a) the performance of a function or exercise of a power under the 22
Ambulance Cover Act; or 23
(b) the performance of a function or exercise of a power under this 24
Act, to the extent that the performance of the function or exercise 25
of the power is required, permitted or otherwise provided for 26
under the Ambulance Cover Act. 27
`(2) A person must not refer a dispute to the regulator under 28
section 119(3) if the dispute is, or is in the nature of, a dispute to which, 29
because of subsection (1), section 119 does not apply. 30
s 171 83 s 171
Community Ambulance Cover Bill 2003
`(3) A person must not refer to the regulator under 119(3) a dispute 1
about-- 2
(a) the levy; or 3
(b) the levy amount paid or payable by a person; or 4
(c) the collection of a levy amount; or 5
(d) the collection of an amount for electricity, if the dispute arises, in 6
substance, out of the collection of a levy amount. 7
`(4) Subsection (3) does not limit subsection (2). 8
`(5) The regulator must not refer a dispute to an energy mediator under 9
section 119(5), or to an energy arbitrator under section 119(6), if the 10
regulator is satisfied on reasonable grounds, having regard to 11
subsections (1) to (3)-- 12
(a) that section 119 does not apply to the dispute; or 13
(b) that the dispute is not a dispute that may be referred to the 14
regulator under section 119. 15
`(6) Before the regulator refers a dispute under section 119(5) or (6), the 16
regulator may require the person who referred the dispute under 17
section 119(3) to satisfy the regulator, by a written or oral declaration, or in 18
another way, that the dispute is not a dispute that, under this section, must 19
not be referred to the regulator. 20
`(7) This section does not limit section 119. 21
`(8) In this section-- 22
"levy" means the community ambulance cover levy under the Ambulance 23
Cover Act. 24
"levy amount" means a levy amount under the Ambulance Cover Act.'. 25
171 Amendment of sch 5 (Dictionary) 26
Schedule 5-- 27
insert-- 28
` "Ambulance Cover Act" means the Community Ambulance Cover Act 29
2003.'. 30
s 172 84 s 173
Community Ambulance Cover Bill 2003
PART 14--AMENDMENT OF TAXATION 1
ADMINISTRATION ACT 2001 2
172 Act amended in pt 14 3
This part amends the Taxation Administration Act 2001. 4
173 Amendment of s 6 (Revenue laws) 5
Section 6-- 6
insert-- 7
`(2) The Community Ambulance Cover Act 2003 is a revenue law. 8
`(3) Subsection (2) is subject to the Community Ambulance Cover Act 9
2003, part 10.10'. 10
10 The Community Ambulance Cover Act 2003, part 10 modifies the operation of this
Act.
85
Community Ambulance Cover Bill 2003
SCHEDULE 1
DICTIONARY 2
section 8 3
"Administration Act" means the Taxation Administration Act 2001. 4
"administration agreement" see section 82. 5
"administration fee" see section 83. 6
"annual levy" see section 18(1). 7
"authorised subcontractor" see section 81. 8
"card operated meter" means a meter that allows electricity to be 9
consumed at premises for which the meter is installed to the value of 10
the amount credited to a card that operates the meter. 11
"commissioner" means the Commissioner of State Revenue under the 12
Administration Act. 13
"Commonwealth" means the Commonwealth within the meaning of 14
section 114 of the Commonwealth Constitution. 15
"community ambulance cover levy" see section 3. 16
"contestable customer" see the Electricity Act. 17
"contestable sale arrangement" see section 16. 18
"daily levy" see section 18(2). 19
"disconnection provisions" means a regulation made under the Electricity 20
Act, section 40G or 55.11 21
"electricity account" means a statement or invoice issued by an electricity 22
retailer for an electricity customer of the retailer that shows the 23
amount payable by the customer for electricity retail services provided 24
to the customer for the purposes of an electricity sale arrangement. 25
"Electricity Act" means the Electricity Act 1994. 26
11 Electricity Act, section 40G (Disconnection for failure to pay debts)
or 55 (Disconnection for failure to pay debts)
86
Community Ambulance Cover Bill 2003
SCHEDULE (continued)
"electricity customer", of an electricity retailer, means-- 1
(a) the non-contestable customer for a standard contract to which the 2
electricity retailer is a party; or 3
(b) the owner of the power card premises for a power card 4
arrangement, if the electricity retailer is the electricity retailer 5
that has the facility to sell the electricity for consumption at the 6
power card premises; or 7
(c) the on-supplier for an on-supply arrangement, if the electricity 8
retailer is the electricity retailer that sells the on-supplier the 9
electricity for further supply and further sale; or 10
(d) the relevant contestable customer for a contestable sale 11
arrangement, if the electricity retailer is the electricity retailer 12
that sells electricity to the relevant contestable customer. 13
"electricity rebate" means a Queensland Government Electricity Rebate 14
under the Tariff Schedule-- 15
(a) the subject of a gazette notification of 14 June 2002; or 16
(b) the subject of any subsequent gazette notification that replaces 17
the notification mentioned in paragraph (a). 18
"electricity retailer" means-- 19
(a) a retail entity; or 20
(b) a special approval holder whose special approval authorises the 21
holder to provide electricity retail services. 22
"electricity retail services" means services that include the sale, or sale 23
and supply, of electricity. 24
"electricity sale arrangement" means-- 25
(a) a standard contract; or 26
(b) a power card arrangement; or 27
(c) an on-supply arrangement; or 28
(d) a contestable sale arrangement. 29
"exempt arrangement" means-- 30
(a) an exempt standard contract; or 31
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Community Ambulance Cover Bill 2003
SCHEDULE (continued)
(b) an exempt power card arrangement; or 1
(c) an exempt on-supply arrangement; or 2
(d) an exempt contestable sale arrangement. 3
"exempt contestable sale arrangement" means a contestable sale 4
arrangement that is an exempt contestable sale arrangement under 5
part 5, division 5. 6
"exempt on-supply arrangement" means an on-supply arrangement that 7
is an exempt on-supply arrangement under part 4, division 5. 8
"exempt power card arrangement" means a power card arrangement that 9
is an exempt power card arrangement under part 3, division 5. 10
"exempt standard contract" means a standard contract that is an exempt 11
standard contract under part 2, division 5. 12
"farming shed"-- 13
1. A "farming shed" means a building or silo that is located on land 14
used primarily for primary production and is itself used only for 15
primary production. 16
2. A "farming shed" does not include a building used indirectly for 17
primary production, for example, for residential or 18
accommodation purposes connected with primary production, 19
whether the use is permanent, temporary or occasional. 20
21
Example--
22
A building is not a farming shed if it is occasionally used for shearers
23
accommodation, even if, most of the time, it is not being used for shearers
24
accommodation and is being used only to store agricultural equipment.
"government exemption" means the exemption applying to an electricity 25
sale arrangement because of the operation of section 34, 35, 36, 48, 26
49, 50, 60, 61, 62, 75, 76 or 77. 27
"later financial year" means a financial year after the financial year 28
starting on 1 July 2003. 29
"levy" means the community ambulance cover levy. 30
"levy amount" means an amount of the levy, and includes a shortfall 31
amount. 32
"levy liability" means a liability under this Act for a levy amount. 33
88
Community Ambulance Cover Bill 2003
SCHEDULE (continued)
"meter" see the Electricity Act. 1
"non-contestable customer" see the Electricity Act. 2
"non-reviewable decision" see section 138. 3
"occupier", of an area or premises means the lessee, tenant or occupier 4
under a lease, tenancy or other right of occupation of the area or 5
premises. 6
"on-supplier"-- 7
(a) for an on-supply arrangement (type 1)--see section 14; or 8
(b) for an on-supply arrangement (type 2)--see section 15. 9
"on-supply arrangement" means an on-supply arrangement (type 1) or an 10
on-supply arrangement (type 2). 11
"on-supply arrangement (type 1)" see section 14. 12
"on-supply arrangement (type 2)" see section 15. 13
"owner"-- 14
1. An "owner" of power card premises means the person who is-- 15
(a) if the power card premises are the subject of a lease from the 16
State--the lessee under the lease; or 17
(b) otherwise--the owner of the power card premises. 18
2. An "owner" for a power card arrangement means the person who 19
is the owner of the power card premises for the arrangement. 20
"pensioner" means a person who is the holder of a current card of 1 of the 21
following types-- 22
(a) a pensioner concession card issued by the department of the 23
Commonwealth responsible for administering either of the 24
following-- 25
(i) the Social Security Act 1991 (Cwlth); 26
(ii) the Veterans Entitlement Act 1986 (Cwlth); 27
(b) a repatriation health card for all conditions (Gold Card) issued by 28
the Commonwealth responsible for administering the Veterans 29
Entitlement Act 1986 (Cwlth); 30
(c) a Queensland Government seniors card. 31
89
Community Ambulance Cover Bill 2003
SCHEDULE (continued)
"pensioner exemption" means the exemption applying to an electricity 1
sale arrangement because of the operation of section 31, 45, 58 or 72. 2
"power card arrangement" see section 11. 3
"power card premises" see section 11. 4
"premises" includes the following-- 5
(a) a building or other structure; 6
(b) a part of a building or other structure; 7
(c) land where a building or other structure, or part of a building or 8
other structure, is situated. 9
"prescribed rate", for interest, means the rate prescribed under a 10
regulation. 11
"primary production" means-- 12
(a) agriculture; or 13
(b) dairy farming; or 14
(c) pasturing of animals; or 15
(d) maintaining animals for the purposes of selling them or their 16
bodily produce, including natural increase, for human 17
consumption; or 18
(e) apiculture; or 19
(f) aquaculture; or 20
(g) commercial fishing; or 21
(h) horticulture, other than amenity horticulture. 22
"pump exemption" means the exemption applying to an electricity sale 23
arrangement because of the operation of section 33, 47 or 74. 24
"receiver", for an on-supply arrangement, means-- 25
(a) if the on-supply arrangement is an on-supply arrangement 26
(type 1)--any person to whom electricity is further supplied and 27
further sold; and 28
(b) if the on-supply arrangement is an on-supply arrangement 29
(type 2)--the occupier of the separate area for the arrangement. 30
90
Community Ambulance Cover Bill 2003
SCHEDULE (continued)
"relevant contestable customer", for a contestable sale arrangement, see 1
section 16. 2
"relevant electricity retailer", for an electricity sale arrangement, 3
means-- 4
(a) for a standard contract--the electricity retailer who is a party to 5
the contract; or 6
(b) for a power card arrangement--the electricity retailer that has the 7
facility to sell the electricity for consumption at the power card 8
premises; or 9
(c) for an on-supply arrangement--the electricity retailer who sells, 10
to the on-supplier for the arrangement, electricity for further 11
supply and further sale; or 12
(d) for a contestable sale arrangement--the electricity retailer who 13
sells electricity to the relevant contestable customer for the 14
arrangement. 15
"replacement statement of levy liability" means a replacement statement 16
of levy liability issued under section 89. 17
"retail entity" see the Electricity Act. 18
"separate area" see section 12. 19
"separate non-domestic area" see section 13. 20
"shortfall amount" means an amount of the levy payable for a period but 21
which was not included in a statement of levy liability for the period. 22
23
Examples--
24
· an amount that was not included in a statement of levy liability because an
25
exemption for an electricity sale arrangement was incorrectly claimed
26
· an amount that was not included in a statement of levy liability because an
27
on-supplier submitted an incorrect return to an electricity retailer
28
· an amount that was not included in a statement of levy liability because a
29
notification given to an electricity retailer by an electricity customer that an
30
electricity sale arrangement stopped being an exempt arrangement is
31
received after a statement of levy liability is sent to the electricity customer.
"social security beneficiary" means a person who receives income 32
support payments from the Commonwealth under either of the 33
following-- 34
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Community Ambulance Cover Bill 2003
SCHEDULE (continued)
(a) the Social Security Act 1991 (Cwlth); 1
(b) the Veterans Entitlement Act 1986 (Cwlth); 2
"special approval holder" see the Electricity Act. 3
"standard contract" see section 10. 4
"statement of levy liability" means a statement showing-- 5
(a) the levy amount for which an electricity customer is liable, under 6
parts 2 to 5, for the period the subject of the statement; and 7
(b) any unpaid levy amount for any previous period. 8
"unpaid levy interest" see section 125. 9
© State of Queensland 2003
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