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Queensland
ELECTRICITY
AMENDMENT BILL 1997
Queensland
ELECTRICITY AMENDMENT BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 7 (System control) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 10 (Network services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 12 (Works, substations and operating works) . . . . . . . . . . 9
7 Amendment of s 21 (Electricity industry) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 22 (Electricity entities) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Amendment of s 23 (Customers and contestable customers) . . . . . . . . . . . 9
10 Amendment of ch 2, pt 5, hdg (Supply entities and their authorities) . . . . 10
11 Replacement of s 37 (Supply entities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
37 Distribution entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Replacement of s 38 (Supply entity authorities) . . . . . . . . . . . . . . . . . . . . . 10
38 Distribution authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Replacement of s 39 (Supply area of supply entity) . . . . . . . . . . . . . . . . . . 10
39 Distribution area of distribution entity . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Replacement of s 40 (Supply of electricity in supply area) . . . . . . . . . . . . 10
40 Connection and supply of electricity in distribution area . . . . . . . . . 11
40AA Supply in absence of customer connection contract . . . . . . . . . . . . . 12
40A Standard customer connection contract . . . . . . . . . . . . . . . . . . . . . . . 12
40B Approval of first standard customer connection contract by
regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
40C Customer connection contracts outside standard form . . . . . . . . . . . 13
2
Electricity Amendment
40D Connection and supply on nondiscriminatory terms . . . . . . . . . . . . . 13
40E Limitation on obligation to connect and supply . . . . . . . . . . . . . . . . 14
40F Obligation to connect and supply subject to authority . . . . . . . . . . . 15
40G Disconnection for failure to pay debts . . . . . . . . . . . . . . . . . . . . . . . . 15
40H Contracting out of s 40E, 40G or 97 . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Replacement of s 41 (Supply of electricity outside supply area) . . . . . . . . 16
41 Connection and supply of electricity outside distribution area . . . . 16
16 Amendment of s 42 (Conditions of supply entity authority) . . . . . . . . . . . . 16
17 Amendment of s 43 (Additional condition to allow connection to
supply network by complying persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 44 (Additional condition to provide network services) . . 18
19 Amendment of s 45 (Additional condition to comply with
protocols, standards and codes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Replacement of ch 2, pt 6 (Authorised suppliers and their authorities) . . . 18
PART 6--RETAIL ENTITIES AND THEIR AUTHORITIES
46 Retail entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
47 Retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
48 Retail area of retail entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
49 Sale of electricity in retail area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
50 Standard customer sale contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
51 Approval of first standard customer sale contract by regulator . . . . 20
52 Customer sale contracts outside standard form . . . . . . . . . . . . . . . . . 20
53 Limitations on obligation to sell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
54 Obligation to sell subject to authority . . . . . . . . . . . . . . . . . . . . . . . . 21
55 Disconnection for failure to pay debts . . . . . . . . . . . . . . . . . . . . . . . . 21
55A Electricity must be sold on nondiscriminatory terms . . . . . . . . . . . . 21
55B Contracting out of s 53, 55 or 97A . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
55C Sale of electricity outside retail area . . . . . . . . . . . . . . . . . . . . . . . . . 22
55D Conditions of retail authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
55E Additional condition to comply with protocols, standards
and codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21 Amendment of s 56 (Purpose of special approvals) . . . . . . . . . . . . . . . . . . . 23
22 Amendment of s 58 (Special approvals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Electricity Amendment
23 Amendment of s 59 (Authorisation given by special approval) . . . . . . . . . . 23
24 Amendment of s 66 (Limitation of electricity officer's powers) . . . . . . . . . 24
25 Omission of ch 2, pt 11 (State electricity entities) . . . . . . . . . . . . . . . . . . . 24
26 Omission of ch 3 (Obligation to supply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Insertion of new s 88A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
88A Prohibition on operating supply network unless authorised . . . . . . . 24
28 Replacement of s 89 (Restriction on supply of electricity within
supply area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
89 Restriction on sale of electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
29 Amendment of s 92 (System control) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Replacement of s 97 (Limitation of liability of supply entity or
authorised supplier for failure to provide network services or supply
electricity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
97 Limitation of liability of distribution entity for failure to
provide network services or to connect and supply electricity . . . . 25
97A Limitation of liability of retail entity for failure to sell
electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
31 Insertion of new s 116A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
116A Authority to create easements over forest land . . . . . . . . . . . . . . . . . 26
32 Replacement of s 118 (Supplier may recover amount for
electricity supplied to person occupying premises . . . . . . . . . . . . . . . . . . . . 26
118 Retail entity may recover amount for electricity sold to a
person occupying premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
118A Distribution entity may recover amount for connection and
supply of electricity to a person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
33 Amendment of s 127 (Advertisement of order) . . . . . . . . . . . . . . . . . . . . . . . 27
34 Amendment of s 132 (Grounds for disciplinary action) . . . . . . . . . . . . . . . . 27
35 Amendment of s 133 (Types of disciplinary action) . . . . . . . . . . . . . . . . . . . 28
36 Amendment of s 137 (Entry to read meters etc.) . . . . . . . . . . . . . . . . . . . . . 28
37 Amendment of s 167 (Occupier to give notice of electrical accident) . . . . 28
38 Amendment of s 168 (Licensed electrical contractor to give
notice of electrical accident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
39 Amendment of s 169 (Special approval holders to give notice of
electrical accident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
40 Amendment of s 170 (Electricity entity to advise regulator
immediately of accident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
4
Electricity Amendment
41 Replacement of ch 9, pt 3, hdg (Supply entity authorities) . . . . . . . . . . . . . 29
42 Replacement of s 195 (Issue of supply entity authorities) . . . . . . . . . . . . . . 30
195 Issue of distribution authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
43 Amendment of s 196 (Application for authority) . . . . . . . . . . . . . . . . . . . . . 30
44 Amendment of s 197 (Consideration of application for authority) . . . . . . . 30
45 Amendment of s 198 (Notice of refusal to issue authority) . . . . . . . . . . . . . 31
46 Replacement of s 199 (Amendment of supply entity authorities) . . . . . . . . 31
199 Amendment of distribution authorities . . . . . . . . . . . . . . . . . . . . . . . . 31
47 Replacement of s 200 (Amendment of conditions stated in supply
entity authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
200 Amendment of conditions stated in distribution authorities . . . . . . . 31
48 Replacement of s 201 (Supply entity authorities not transferable) . . . . . . . 31
201 Distribution authorities not transferable . . . . . . . . . . . . . . . . . . . . . . . 31
49 Replacement of s 202 (Surrender of supply entity authorities) . . . . . . . . . . 31
202 Surrender of distribution authorities . . . . . . . . . . . . . . . . . . . . . . . . . . 32
50 Replacement of ch 9, pt 4 (Authorised supplier authorities) . . . . . . . . . . . . 32
PART 4--RETAIL AUTHORITIES
203 Issue of retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
204 Application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
205 Consideration of application for authority . . . . . . . . . . . . . . . . . . . . . 32
206 Notice of refusal to issue authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
207 Amendment of retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
207A Amendment of conditions stated in retail authorities . . . . . . . . . . . . 34
207B Retail authorities not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
207C Surrender of retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
51 Insertion of new s 259A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
259A Regulation may declare a State electricity entity . . . . . . . . . . . . . . 34
52 Insertion of new pt hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 1--PROVISIONS FOR ORIGINAL ACT (1994 No. 64)
53 Insertion of new pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 2--TRANSITIONAL PROVISIONS FOR ELECTRICITY
AMENDMENT ACT 1997
289 Continuation of tariffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5
Electricity Amendment
290 Expiry of QGC's generation authorities . . . . . . . . . . . . . . . . . . . . . . . 35
291 Generation authorities for new generation entities . . . . . . . . . . . . . . 36
292 Expiry of QETC's transmission authority . . . . . . . . . . . . . . . . . . . . . . 37
293 New transmission authority for QETC . . . . . . . . . . . . . . . . . . . . . . . . 37
294 Expiry of QTSC's supply entity authority . . . . . . . . . . . . . . . . . . . . . 38
295 Expiry of State authorised supplier authorities . . . . . . . . . . . . . . . . . 39
296 New distribution authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
297 New retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
298 Dispensing with formal requirements for the issue of
interim authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
299 Directions to State electricity entities . . . . . . . . . . . . . . . . . . . . . . . . 42
300 Minister may give exemptions from holding a retail authority . . . . 43
301 Minister's powers about pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
302 QTSC State electricity entity for limited purposes . . . . . . . . . . . . . . 44
303 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
54 Amendment of sch 1 (Appeals against administrative decisions) . . . . . . . . 45
55 Amendment of sch 2 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 45
56 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
57 Amended Act--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 48
AMENDED ACT
BUILDING ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
1997
A BILL
FOR
An Act to amend the Electricity Act 1994 and another Act and for
other purposes
s1 8 s5
Electricity Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Electricity Amendment Act 1997. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
amended 7
Act
Clause 3. This Act amends the Electricity Act 1994. 8
of s 7 (System control) 9
Amendment
Clause 4. Section 7(f), `supply entities or authorised suppliers'-- 10
omit, insert-- 11
`distribution entities or retail entities'. 12
of s 10 (Network services) 13
Amendment
Clause 5.(1) Section 10, `, supply entities and authorised suppliers'-- 14
omit, insert-- 15
`and distribution entities'. 16
(2) Section 10, example 3, `supply entities or authorised suppliers,'-- 17
omit, insert-- 18
`distribution entities,'. 19
s6 9 s9
Electricity Amendment
of s 12 (Works, substations and operating works) 1
Amendment
Clause 6. Section 12(3)(c), `supply entity or authorised supplier'-- 2
omit, insert-- 3
`distribution entity'. 4
of s 21 (Electricity industry) 5
Amendment
Clause 7. Section 21, `and supplying'-- 6
omit, insert-- 7
`, supplying and selling'. 8
of s 22 (Electricity entities) 9
Amendment
Clause 8. Section 22(2)-- 10
omit, insert-- 11
`(2) The following entities are the participants in the electricity industry-- 12
(a) generation entities; 13
(b) transmission entities; 14
(c) distribution entities; 15
(d) retail entities.'. 16
of s 23 (Customers and contestable customers) 17
Amendment
Clause 9.(1) Section 23, heading-- 18
omit, insert-- 19
`Types of customers'. 20
(2) Section 23-- 21
insert-- 22
`(3) A "non-contestable customer" is a customer other than a 23
contestable customer.'. 24
s 10 10 s 14
Electricity Amendment
of ch 2, pt 5, hdg (Supply entities and their authorities) 1
Amendment
Clause 10. Chapter 2, part 5, heading, `SUPPLY'-- 2
omit, insert-- 3
`DISTRIBUTION'. 4
of s 37 (Supply entities) 5
Replacement
Clause 11. Section 37-- 6
omit, insert-- 7
entities 8
`Distribution
`37. A "distribution entity" is a person who holds a distribution 9
authority.'. 10
of s 38 (Supply entity authorities) 11
Replacement
Clause 12. Section 38-- 12
omit, insert-- 13
authorities 14
`Distribution
`38. A "distribution authority" authorises its holder to supply 15
electricity using a supply network within its distribution area.'. 16
of s 39 (Supply area of supply entity) 17
Replacement
Clause 13. Section 39-- 18
omit, insert-- 19
area of distribution entity 20
`Distribution
`39. A distribution entity's "distribution area" is the area stated in its 21
authority as its distribution area.'. 22
of s 40 (Supply of electricity in supply area) 23
Replacement
Clause 14. Section 40-- 24
omit, insert-- 25
s 14 11 s 14
Electricity Amendment
and supply of electricity in distribution area 1
`Connection
`40.(1) A distribution entity has an obligation-- 2
(a) to connect customers' electrical installations or premises within 3
the distribution entity's distribution area to the distribution entity's 4
supply network to allow the supply of electricity from the supply 5
network to the installations or premises; and 6
(b) to supply electricity from its supply network to the customers' 7
electrical installations or premises. 8
`(2) The obligation-- 9
(a) only requires the connection and supply of electricity sought by a 10
person in a particular case if it is technically and economically 11
practicable to connect and supply electricity; and 12
(b) is subject to a provision in this Act or a regulation that-- 13
(i) provides that the obligation does not apply; or 14
(ii) allows for disconnection or refusal to connect or reconnect; 15
and 16
(c) arises only if an application is made to the distribution entity by a 17
customer for an electrical installation or premises of the customer 18
within the entity's distribution area. 19
`(3) An application may be made by a retail entity acting for a customer. 20
`(4) If a distribution entity complies with the obligation, then-- 21
(a) if a customer applied for the connection and supply--the 22
customer and the distribution entity are taken to have entered into 23
the distribution entity's standard customer connection contract for 24
the connection and supply to the electrical installation or premises; 25
and 26
(b) if a retail entity applied for the connection and supply acting for a 27
customer--the retail entity and the distribution entity are taken to 28
have entered into the distribution entity's standard customer 29
connection contract for the connection and supply to the electrical 30
installation or premises. 31
`(5) The standard customer connection contract has the effect of a 32
contract under seal between the parties to it under which each party agrees to 33
s 14 12 s 14
Electricity Amendment
observe and perform the contract's provisions so far as they apply to the 1
party. 2
`(6) Subsections (4) and (5) do not apply if there is a negotiated customer 3
connection contract for the connection and supply of electricity to the 4
relevant electrical installation or premises. 5
in absence of customer connection contract 6
`Supply
`40AA.(1) If electricity is supplied to a customer's electrical installation 7
or premises and there is no customer connection contract in effect or taken 8
to be in effect for the installation or premises then the relevant retail entity is 9
taken to have-- 10
(a) entered into a contract with the customer to arrange for the 11
matters mentioned in section 49(1)(b) for the electrical installation 12
or premises on the terms of the retail entity's standard customer 13
sale contract; and 14
(b) entered into a contract with the relevant distribution entity on the 15
terms of the relevant distribution entity's standard customer 16
connection contract under which the relevant distribution entity 17
agrees to provide the services mentioned in section 49(1)(b) for 18
the electrical installation or premises. 19
`(2) In this section-- 20
"relevant distribution entity" for an electrical installation or premises, 21
means the distribution entity to whose supply network the electrical 22
installation or premises is connected. 23
"relevant retail entity" for an electrical installation or premises, means-- 24
(a) if the electricity supplied to the electrical installation or premises is 25
sold under an agreement with a retail entity--that retail entity; or 26
(b) otherwise--the retail entity in whose area the electrical installation 27
or premises is located. 28
customer connection contract 29
`Standard
`40A.(1) A distribution entity must prepare a standard customer 30
connection contract to establish the terms on which it is to provide the 31
s 14 13 s 14
Electricity Amendment
services mentioned in section 40(1). 1
`(2) A regulation may prescribe the following for a standard customer 2
connection contract-- 3
(a) the terms that must be included in the contract; 4
(b) when the contract takes effect; 5
(c) how the contract may be amended; 6
(d) any approvals needed to amend the contract. 7
`(3) A standard customer connection contract must not be inconsistent 8
with this Act and is unenforceable to the extent that it is. 9
`(4) If a standard customer connection contract is amended after it is 10
made, the contract as amended applies to the parties to it whether the 11
contract was entered into before or after the amendment. 12
`(5) To remove doubt, it is declared that a standard customer connection 13
contract may provide for different terms to apply to different types of 14
customer. 15
of first standard customer connection contract by regulator 16
`Approval
`40B. A distribution entity's first standard customer connection contract 17
must be approved by the regulator and does not take effect until it is 18
approved. 19
connection contracts outside standard form 20
`Customer
`40C.(1) Despite sections 40 and 40A, a customer or retail entity may 21
contract with a distribution entity on terms different from the terms of the 22
distribution entity's standard customer connection contract. 23
`(2) A contract under subsection (1) must not be inconsistent with this 24
Act and is unenforceable to the extent that it is. 25
and supply on nondiscriminatory terms 26
`Connection
`40D.(1) A distribution entity must connect and supply electricity to a 27
customer's electrical installation or premises within its distribution area on 28
nondiscriminatory terms. 29
s 14 14 s 14
Electricity Amendment
`(2) For subsection (1), a term is nondiscriminatory if it does not 1
discriminate between the customer and other customers within its 2
distribution area seeking similar connection and supply. 3
`(3) A regulation may declare what is or is not discrimination, including, 4
for example, whether or not and, if so, in what circumstances different 5
terms of standard customer connection contracts for different types of 6
customers are discrimination. 7
on obligation to connect and supply 8
`Limitation
`40E. A distribution entity is not obliged to connect or supply electricity 9
to a customer's electrical installation or premises and it will not be in breach 10
of its customer connection contract for the installation or premises if-- 11
(a) the connection or supply is, or needs to be, interrupted-- 12
(i) in an emergency; or 13
(ii) for work that needs to be performed without delay to prevent 14
an emergency happening; or 15
(iii) by circumstances beyond the distribution entity's control; or 16
(iv) for work--if it is reasonable to do the work when it is done, 17
reasonable notice is given to the customer and supply is 18
restored as soon as practicable; or 19
(b) the connection or supply would breach technical or safety 20
requirements under this Act; or 21
(c) the connection or supply would unreasonably interfere with the 22
connection or supply of electricity by the distribution entity to 23
other customers; or 24
(d) the connection or supply is denied or limited under an electricity 25
restriction regulation or emergency rationing order; or 26
(e) a distribution entity is entitled, under its customer connection 27
contract or under a regulation, to disconnect supply to the 28
customer; or 29
(f) after disconnecting supply to something that was unsafe, the thing 30
is still unsafe; or 31
(g) the connection or supply is likely to cause fire or electric shock to 32
s 14 15 s 14
Electricity Amendment
anyone; or 1
(h) the electricity is to be supplied to premises with a separate source 2
of electricity or energy and the electricity is needed as a stand-by 3
supply only; or 4
(i) this Act otherwise authorises refusal to connect or supply (or 5
reconnect or resupply); or 6
(j) a regulation provides that the obligation to connect or supply (or 7
reconnect or resupply) does not apply. 8
to connect and supply subject to authority 9
`Obligation
`40F. A distribution entity's obligation to connect and supply is subject 10
to the conditions of its authority. 11
for failure to pay debts 12
`Disconnection
`40G. A regulation may provide for the disconnection and refusal to 13
connect or reconnect supply of electricity to electrical installations of 14
customers or premises of customers if-- 15
(a) a customer fails to pay an amount owing to the customer's 16
distribution entity or breaches the customer connection contract; 17
or 18
(b) a customer's retail entity fails to pay an amount owing to the 19
customer's distribution entity or breaches the customer 20
connection contract; or 21
(c) a customer fails to pay an amount owing to the customer's retail 22
entity or breaches the customer sale contract with its retail entity 23
and the retail entity requests the distribution entity to disconnect or 24
refuse to connect or reconnect the customer. 25
out of s 40E, 40G or 97 26
`Contracting
`40H.(1) The parties to a negotiated customer connection contract may in 27
the contract agree to vary or exclude the operation of sections 40E, 40G or 28
97 for the contract. 29
s 15 16 s 16
Electricity Amendment
`(2) If the sections' operation is varied or excluded, they do not apply to 1
the contract to the extent agreed.'. 2
of s 41 (Supply of electricity outside supply area) 3
Replacement
Clause 15. Section 41-- 4
omit, insert-- 5
and supply of electricity outside distribution area 6
`Connection
`41.(1) A distribution entity may, if a customer's electrical installation or 7
premises is outside the distribution entity's distribution area-- 8
(a) connect the installation or premises to the entity's supply 9
network; and 10
(b) supply electricity from its supply network to the installation or 11
premises. 12
`(2) Subsection (1) applies only if the installation or premises-- 13
(a) is not within another distribution entity's distribution area; or 14
(b) if it is in another distribution entity's area-- 15
(i) but the other distribution entity claims that it is not 16
technically and economically practicable for it to connect and 17
supply electricity to the customer; or 18
(ii) the other distribution entity agrees to the connection and 19
supply. 20
`(3) However, the distribution entity may connect and supply electricity 21
to the customer only if the connection and supply is not likely to impair its 22
capacity to fulfil its obligation to connect and supply in its own distribution 23
area.'. 24
of s 42 (Conditions of supply entity authority) 25
Amendment
Clause 16.(1) Section 42, heading-- 26
omit, insert-- 27
`Conditions of distribution authority'. 28
(2) Section 42, `supply entity'-- 29
s 17 17 s 17
Electricity Amendment
omit, insert-- 1
`distribution entity'. 2
(3) Section 42(b)-- 3
omit, insert-- 4
`(b) the entity must operate, maintain (including repair and replace as 5
necessary) and protect its supply network to ensure the adequate, 6
economic, reliable and safe connection and supply of electricity to 7
its customers;'. 8
(4) Section 42(d), `delivery and use of electrical energy'-- 9
omit, insert-- 10
`supply of electrical energy'. 11
of s 43 (Additional condition to allow connection to 12
Amendment
supply network by complying persons) 13
Clause 17.(1) Section 43(1)-- 14
omit, insert-- 15
`43.(1) It is also a condition of a distribution authority that the 16
distribution entity must allow, as far as technically and economically 17
practicable, a person to connect supply to its supply network, or take 18
electricity from its supply network, on nondiscriminatory terms, if the 19
conditions stated in subsection (2) are satisfied.'. 20
(2) Section 43(2)(a)-- 21
omit, insert-- 22
`(a) the person must be a generation entity, a transmission entity or a 23
distribution entity;'. 24
(3) Section 43(3)(a), `supply entity's'-- 25
omit, insert-- 26
`distribution entity's'. 27
s 18 18 s 20
Electricity Amendment
of s 44 (Additional condition to provide network 1
Amendment
services) 2
Clause 18. Section 44, `supply entity authority that, if the supply entity has a 3
supply network,-- 4
omit, insert-- 5
`distribution authority that'. 6
of s 45 (Additional condition to comply with protocols, 7
Amendment
standards and codes) 8
Clause 19. Section 45, `supply entity authority that the supply entity'-- 9
omit, insert-- 10
`distribution authority that the distribution entity'. 11
of ch 2, pt 6 (Authorised suppliers and their authorities) 12
Replacement
Clause 20. Chapter 2, part 6-- 13
omit, insert-- 14
ART 6--RETAIL ENTITIES AND THEIR 15
`P
AUTHORITIES 16
entities 17
`Retail
`46. A "retail entity" is a person who holds a retail authority. 18
authorities 19
`Retail
`47. A "retail authority" authorises its holder to sell electricity to 20
customers. 21
area of retail entity 22
`Retail
`48. A retail entity's "retail area" is the area stated in its authority as its 23
retail area. 24
s 20 19 s 20
Electricity Amendment
of electricity in retail area 1
`Sale
`49.(1) A retail entity has an obligation-- 2
(a) to sell electricity to non-contestable customers for the customers' 3
electrical installations or premises; and 4
(b) if requested by the customers, to arrange for-- 5
(i) non-contestable customers' electrical installations or 6
premises to be connected to a supply network to allow the 7
supply of electricity to the non-contestable customers' 8
electrical installations or premises; and 9
(ii) the supply of electricity from the supply network to the 10
electrical installations or premises. 11
`(2) The obligation-- 12
(a) is subject to any provision in this Act or a regulation that provides 13
that the obligation does not apply or allows for refusal to sell; or 14
(b) arises only if an application is made to the retail entity by a 15
non-contestable customer for an electrical installation or premises 16
of the customer within the retail entity's retail area. 17
`(3) If electricity is supplied to a non-contestable customer's electrical 18
installation or premises within a retail entity's retail area, then the electricity 19
is taken to be sold by the retail entity to the non-contestable customer on the 20
terms of the retail entity's standard customer sale contract. 21
`(4) The standard customer sale contract has the effect of a contract under 22
seal between the retail entity and the customer under which each party 23
agrees to observe and perform the provisions of the standard customer sale 24
contract so far as those provisions apply to the party. 25
`(5) Subsections (3) and (4) do not apply if the parties enter into a 26
negotiated customer sale contract for the electrical installation or premises. 27
customer sale contract 28
`Standard
`50.(1) A retail entity must prepare a standard customer sale contract to 29
establish the terms on which it is to provide the services mentioned in 30
section 49(1) to non-contestable customers. 31
`(2) A regulation may prescribe the following for a standard customer 32
s 20 20 s 20
Electricity Amendment
sale contract-- 1
(a) the terms that must be included in the contract; 2
(b) when the contract takes effect; 3
(c) how the contract may be amended; 4
(d) any approvals needed to amend the contract. 5
`(3) A standard customer sale contract must not be inconsistent with this 6
Act and is unenforceable to the extent that it is. 7
`(4) If a standard customer sale contract is amended after it is made, the 8
contract as amended applies to the parties to it whether the contract was 9
entered into before or after the amendment. 10
`(5) To remove doubt, it is declared that a standard customer sale contract 11
may provide for different terms to apply to different types of customer. 12
of first standard customer sale contract by regulator 13
`Approval
`51. A retail entity's first standard customer sale contract must be 14
approved by the regulator and does not take effect until it is approved. 15
sale contracts outside standard form 16
`Customer
`52.(1) Despite sections 49 and 50, a customer and a retail entity may 17
contract on terms different from the terms of the retail entity's standard 18
customer sale contract. 19
`(2) A contract under subsection (1) must not be inconsistent with this 20
Act and is unenforceable to the extent that it is. 21
on obligation to sell 22
`Limitations
`53. A retail entity does not have an obligation under section 49(1) to 23
non-contestable customers and the retail entity is not in breach of a 24
customer sale contract in relation to an electrical installation or premises of a 25
non-contestable customer if the obligation or contract can not be performed 26
because-- 27
(a) a distribution entity is not required to connect or supply electricity 28
to the relevant electrical installation or premises under 29
s 20 21 s 20
Electricity Amendment
sections 40(2)(a) and (b), 40E or 40G; or 1
(b) of anything beyond the retail entity's control; or 2
(c) a regulation provides that the obligation does not apply. 3
to sell subject to authority 4
`Obligation
`54. A retail entity's obligations under section 49(1) are subject to the 5
conditions of its authority. 6
for failure to pay debts 7
`Disconnection
`55. A regulation may provide that a retail entity's obligations under 8
section 49(1) do not apply to a non-contestable customer if the customer-- 9
(a) fails to pay an amount owing to the non-contestable customer's 10
retail entity or distribution entity; or 11
(b) breaches its customer sale contract with the customer's retail 12
entity or its customer connection contract with its distribution 13
entity. 14
must be sold on nondiscriminatory terms 15
`Electricity
`55A.(1) A retail entity must provide the services mentioned in 16
section 49(1) to a non-contestable customer for an electrical installation or 17
premises within its retail area on nondiscriminatory terms. 18
`(2) For subsection (1), a term is nondiscriminatory if it does not 19
discriminate between the non-contestable customer and other 20
non-contestable customers in relation to their electrical installation or 21
premises within the entity's retail area, seeking a similar provision of 22
services. 23
`(3) A regulation may declare what is or is not discrimination, including, 24
for example, whether or not and, if so, in what circumstances requiring the 25
following, is discrimination-- 26
(a) different advance payments or security deposits from different 27
customers; or 28
s 20 22 s 20
Electricity Amendment
(b) different standard customer sale contract terms for different types 1
of customers. 2
out of s 53, 55 or 97A 3
`Contracting
`55B.(1) The parties to a negotiated customer sale contract may in the 4
contract agree to vary or exclude the operation of section 53, 55 or 97A for 5
the contract. 6
`(2) If the sections' operation is varied or excluded, they do not apply to 7
the contract to the extent agreed. 8
of electricity outside retail area 9
`Sale
`55C.(1) A retail entity may, if a customer's electrical installation or 10
premises is outside the retail entity's retail area-- 11
(a) sell electricity to the customer for the installation or premises; or 12
(b) arrange for-- 13
(i) the installation or premises to be connected to a supply 14
network to allow the supply of electricity to the installation 15
or premises; and 16
(ii) the supply of electricity from the supply network to the 17
installation or premises. 18
`(2) A retail entity may do the things mentioned in subsection (1) only 19
if-- 20
(a) the customer is a contestable customer; or 21
(b) the customer's electrical installation or premises is not within 22
another retail entity's retail area; or 23
(c) the customer's electrical installation or premises is in another 24
retail entity's area, but the other retail entity agrees to electricity 25
being sold to the customer. 26
of retail authority 27
`Conditions
`55D. A retail authority is subject to the following conditions-- 28
s 21 23 s 23
Electricity Amendment
(a) the retail entity must consider both demand side and supply side 1
options to provide, as far as technically and economically 2
practicable, for the efficient use of electrical energy; 3
(b) the retail entity must pay the amounts required under the authority 4
or the regulations to administer the authority and its conditions; 5
(c) the condition under section 55E; 6
(d) conditions imposed under a regulation; 7
(e) conditions stated in the authority. 8
condition to comply with protocols, standards and codes 9
`Additional
`55E. It is also a condition of a retail authority that the retail entity must 10
comply with all protocols, standards and codes applying to the retail entity 11
under a regulation.'. 12
of s 56 (Purpose of special approvals) 13
Amendment
Clause 21. Section 56, `supply entity or authorised supplier'-- 14
omit, insert-- 15
`distribution or retail'. 16
of s 58 (Special approvals) 17
Amendment
Clause 22. Section 58, `supply entity or authorised supplier'-- 18
omit, insert-- 19
`distribution entity or retail entity'. 20
of s 59 (Authorisation given by special approval) 21
Amendment
Clause 23. Section 59(1), `supply entity or authorised supplier'-- 22
omit, insert-- 23
`distribution or retail'. 24
s 24 24 s 27
Electricity Amendment
of s 66 (Limitation of electricity officer's powers) 1
Amendment
Clause 24.(1) Section 66, `supply area'-- 2
omit, insert-- 3
`distribution area'. 4
(2) Section 66-- 5
insert-- 6
`(c) if the electricity entity sells electricity--within its retail area or a 7
place where it sells electricity.'. 8
of ch 2, pt 11 (State electricity entities) 9
Omission
Clause 25. Chapter 2, part 11-- 10
omit. 11
of ch 3 (Obligation to supply) 12
Omission
Clause 26. Chapter 3-- 13
omit. 14
of new s 88A 15
Insertion
Clause 27. After section 88-- 16
insert-- 17
on operating supply network unless authorised 18
`Prohibition
`88A.(1) A person must not supply electricity using a supply network 19
unless the person is the holder of a distribution authority. 20
Maximum penalty--5 000 penalty units. 21
`(2) A person who contravenes subsection (1) may not, for the period of 22
the contravention, take part in trading arrangements or settlement processes 23
under this Act or recover payment for electricity or services provided by it.'. 24
s 28 25 s 30
Electricity Amendment
of s 89 (Restriction on supply of electricity within supply 1
Replacement
area) 2
Clause 28. Section 89-- 3
omit, insert-- 4
on sale of electricity 5
`Restriction
`89.(1) A person must not sell electricity unless the person is authorised 6
to sell electricity under this Act. 7
Maximum penalty--100 penalty units. 8
`(2) A person who contravenes subsection (1) may not, for the period of 9
the contravention, take part in trading arrangements or settlement processes 10
under this Act or recover payment for electricity provided by it.'. 11
of s 92 (System control) 12
Amendment
Clause 29. Section 92(5)-- 13
omit, insert-- 14
`(5) A distribution entity is responsible for network control of its supply 15
network within its distribution area. 16
`(6) However, a system control entity may give the distribution entity a 17
direction in relation to the switching of parts of the network relevant to the 18
integrity or security of the system control entity's power system.'. 19
of s 97 (Limitation of liability of supply entity or 20
Replacement
authorised supplier for failure to provide network services or supply 21
electricity) 22
Clause 30. Section 97-- 23
omit, insert-- 24
of liability of distribution entity for failure to provide 25
`Limitation
network services or to connect and supply electricity 26
`97. A distribution entity (the "entity") is civilly liable for total or partial 27
failure to perform its obligations under a customer connection contract only 28
if the failure was caused by-- 29
s 31 26 s 32
Electricity Amendment
(a) the negligence or breach of duty of the entity or a person acting 1
for it; or 2
(b) contravention by the entity, or a person acting for it, of this Act or 3
a condition of the entity's authority. 4
of liability of retail entity for failure to sell electricity 5
`Limitation
`97A. A retail entity (the "entity") is civilly liable for total or partial 6
failure to perform its obligations under a customer sale contract only if the 7
failure was caused by-- 8
(a) the negligence or breach of duty of the entity or a person acting 9
for it; or 10
(b) contravention by the entity, or a person acting for it, of this Act or 11
a condition of the entity's authority.'. 12
of new s 116A 13
Insertion
Clause 31. After section 116-- 14
insert-- 15
to create easements over forest land 16
`Authority
`116A.(1) Despite the Forestry Act 1959, sections 26(1A) and 28(3) but 17
subject to the Land Act 1994, section 362, the Governor in Council may, at 18
the request of an electricity entity, authorise the creation of an easement for 19
the entity over forest land for the entity's works, including proposed works. 20
`(2) Section 116(2) and (3) applies to the authority with all necessary 21
changes. 22
`(3) In this section-- 23
"forest land" means land that is a State forest or a timber reserve within 24
the meaning of the Forestry Act 1959, section 5.'. 25
of s 118 (Supplier may recover amount for electricity 26
Replacement
supplied to person occupying premises 27
Clause 32. Section 118-- 28
s 33 27 s 34
Electricity Amendment
omit, insert-- 1
entity may recover amount for electricity sold to a person 2
`Retail
occupying premises 3
`118. If-- 4
(a) a person occupies premises where electricity sold by a retail entity 5
has been consumed during the person's occupancy; and 6
(b) the retail entity has not been paid for the electricity; 7
the amount the retail entity is entitled to charge for the electricity is a debt 8
owing by the person to the retail entity. 9
entity may recover amount for connection and supply of 10
`Distribution
electricity to a person 11
`118A. If-- 12
(a) a person occupies premises that are connected and supplied with 13
electricity by a distribution entity during the person's occupancy; 14
and 15
(b) the distribution entity has not been paid for the connection and 16
supply; 17
the amount the distribution entity is entitled to charge for the connection and 18
supply is a debt owing by the person to the distribution entity.'. 19
of s 127 (Advertisement of order) 20
Amendment
Clause 33. Section 127, `A supply entity whose supply area'-- 21
omit, insert-- 22
`A distribution entity whose distribution area'. 23
of s 132 (Grounds for disciplinary action) 24
Amendment
Clause 34. Section 132(1)(e), `supply entity'-- 25
omit, insert-- 26
`distribution entity'. 27
s 35 28 s 37
Electricity Amendment
of s 133 (Types of disciplinary action) 1
Amendment
Clause 35.(1) Section 133(1)(b), `supply'-- 2
omit, insert-- 3
`distribution'. 4
(2) Section 133(1)(c)-- 5
omit, insert-- 6
`(c) for a retail entity--cancel or amend its authority for its retail area 7
or part of its retail area.'. 8
of s 137 (Entry to read meters etc.) 9
Amendment
Clause 36. Section 137, `supplied by'-- 10
omit, insert-- 11
`supplied or sold by'. 12
of s 167 (Occupier to give notice of electrical accident) 13
Amendment
Clause 37. Section 167(2)-- 14
omit, insert-- 15
`(2) The occupier of the place must immediately tell either of the 16
following about the accident unless the occupier has a reasonable excuse-- 17
(a) the retail entity who has a contract to sell electricity for an 18
electrical installation at the place; 19
(b) the distribution entity in whose distribution area the accident 20
happened. 21
Maximum penalty--8 penalty units. 22
`(2A) If the occupier tells the retail entity the retail entity must 23
immediately tell the distribution entity in whose distribution area the 24
accident happened. 25
Maximum penalty--8 penalty units.'. 26
s 38 29 s 41
Electricity Amendment
of s 168 (Licensed electrical contractor to give notice of 1
Amendment
electrical accident) 2
Clause 38.(1) Section 168(2)-- 3
omit, insert-- 4
`(2) The licensed electrical contractor must immediately tell the 5
distribution entity in whose distribution area the accident happened about the 6
accident. 7
Maximum penalty--8 penalty units.'. 8
(2) Section 168(3), `supplier or'-- 9
omit, insert-- 10
`distribution'. 11
of s 169 (Special approval holders to give notice of 12
Amendment
electrical accident) 13
Clause 39. Section 169(2)-- 14
omit, insert-- 15
`(2) The special approval holder must immediately tell the distribution 16
entity in whose distribution area the accident happened about the accident. 17
Maximum penalty--8 penalty units.'. 18
of s 170 (Electricity entity to advise regulator immediately 19
Amendment
of accident) 20
Clause 40. Section 170(1)(b) `supply entity or authorised supplier'-- 21
omit, insert-- 22
`distribution entity'. 23
of ch 9, pt 3, hdg (Supply entity authorities) 24
Replacement
Clause 41. Chapter 9, part 3, heading-- 25
omit, insert-- 26
s 42 30 s 44
Electricity Amendment
`PART 3--DISTRIBUTION AUTHORITIES'. 1
of s 195 (Issue of supply entity authorities) 2
Replacement
Clause 42. Section 195-- 3
omit, insert-- 4
of distribution authorities 5
`Issue
`195.(1) The regulator may issue a distribution authority to a person. 6
`(2) The authority may state the term of the authority.'. 7
of s 196 (Application for authority) 8
Amendment
Clause 43.(1) Section 196(1), `supply entity'-- 9
omit, insert-- 10
`distribution'. 11
(2) Section 196(1)(b), `supply'-- 12
omit, insert-- 13
`distribution'. 14
of s 197 (Consideration of application for authority) 15
Amendment
Clause 44.(1) Section 197(1), `supply entity authority'-- 16
omit, insert-- 17
`distribution authority'. 18
(2) Section 197(7)(b), `supply entity authorities'-- 19
omit, insert-- 20
`distribution authorities'. 21
(3) Section 197, `supply entity'-- 22
omit, insert-- 23
`distribution entity'. 24
s 45 31 s 49
Electricity Amendment
of s 198 (Notice of refusal to issue authority) 1
Amendment
Clause 45. Section 198, `supply entity authority'-- 2
omit, insert-- 3
`distribution authority'. 4
of s 199 (Amendment of supply entity authorities) 5
Replacement
Clause 46. Section 199-- 6
omit, insert-- 7
of distribution authorities 8
`Amendment
`199. The regulator may, with a distribution entity's agreement, amend 9
its distribution authority.'. 10
of s 200 (Amendment of conditions stated in supply 11
Replacement
entity authorities) 12
Clause 47. Section 200-- 13
omit, insert-- 14
of conditions stated in distribution authorities 15
`Amendment
`200. The regulator may, with a distribution entity's agreement, amend 16
the conditions stated in its authority.'. 17
of s 201 (Supply entity authorities not transferable) 18
Replacement
Clause 48. Section 201-- 19
omit, insert-- 20
authorities not transferable 21
`Distribution
`201. A distribution authority can not be transferred.'. 22
of s 202 (Surrender of supply entity authorities) 23
Replacement
Clause 49. Section 202-- 24
omit, insert-- 25
s 50 32 s 50
Electricity Amendment
of distribution authorities 1
`Surrender
`202. A distribution entity may surrender its authority only with the 2
regulator's agreement.'. 3
of ch 9, pt 4 (Authorised supplier authorities) 4
Replacement
Clause 50. Chapter 9, part 4-- 5
omit, insert-- 6
ART 4--RETAIL AUTHORITIES 7
`P
of retail authorities 8
`Issue
`203.(1) The regulator may issue a retail authority to a person. 9
`(2) The authority may state the term of the authority. 10
for authority 11
`Application
`204.(1) An application for the issue of a retail authority must-- 12
(a) be made to the regulator in the form approved by the regulator; 13
and 14
(b) state the proposed retail area; and 15
(c) be accompanied by the fees prescribed under the regulations, 16
including any fee for investigating whether the authority should 17
be issued. 18
`(2) If asked in writing by the regulator, the applicant must give the 19
further relevant information or evidence the regulator requires to decide the 20
application. 21
of application for authority 22
`Consideration
`205.(1) The regulator must consider an application for the issue of a 23
retail authority and may give, or refuse to give, the authority. 24
`(2) The regulator may issue the authority only if satisfied-- 25
(a) the applicant will sell the electricity and perform the services 26
s 50 33 s 50
Electricity Amendment
stated in the application; and 1
(b) the applicant is a suitable person to be a retail entity; and 2
(c) the applicant meets the additional criteria prescribed under a 3
regulation. 4
`(3) In deciding whether the applicant is a suitable person to be a retail 5
entity, the regulator may consider-- 6
(a) the person's previous commercial and other dealings and the 7
standard of honesty and integrity shown in the dealings; and 8
(b) any failure by the person to perform commercial or statutory 9
obligations and the reasons for the failure; and 10
(c) the person's criminal history; and 11
(d) if the person is a corporation--the matters mentioned in 12
paragraphs (a) to (c) for persons who are shareholders, directors 13
or holders of other interests in the corporation; and 14
(e) for the applicant--the applicant's competence to be a retail entity; 15
and 16
(f) additional matters prescribed under a regulation. 17
`(4) A regulation may prescribe matters the regulator must or may 18
consider in deciding the applicant's competence to be a retail entity. 19
`(5) In deciding whether to issue the authority, the regulator must 20
consider-- 21
(a) relevant government policies about energy issues; and 22
(b) additional matters prescribed under a regulation. 23
`(6) In deciding whether to issue the authority, the regulator may 24
consider additional matters prescribed under a regulation. 25
`(7) In deciding whether to issue the authority, the regulator must not 26
consider-- 27
(a) the applicant's existing or likely future share of the electricity 28
market; or 29
(b) the number of retail authorities in force; or 30
(c) additional matters prescribed under a regulation. 31
s 51 34 s 51
Electricity Amendment
of refusal to issue authority 1
`Notice
`206. If the regulator refuses to issue a retail authority sought by an 2
applicant, the regulator must promptly give the applicant a written notice 3
informing the applicant of the refusal, the reasons for the refusal and the 4
applicant's right of appeal. 5
of retail authorities 6
`Amendment
`207. The regulator may, with a retail entity's agreement, amend its retail 7
authority. 8
of conditions stated in retail authorities 9
`Amendment
`207A. The regulator may, with a retail entity's agreement, amend the 10
conditions stated in its authority. 11
authorities not transferable 12
`Retail
`207B. A retail authority cannot be transferred. 13
of retail authorities 14
`Surrender
`207C. A retail entity may surrender its authority only with the 15
regulator's agreement.'. 16
of new s 259A 17
Insertion
Clause 51. After section 259-- 18
insert-- 19
may declare a State electricity entity 20
`Regulation
`259A. A regulation may declare the following entities that are not State 21
electricity entities, to be a State electricity entity for section 256 or 262-- 22
(a) a GOC; 23
(b) a subsidiary of a GOC; 24
(c) a government company; 25
s 52 35 s 53
Electricity Amendment
as long as the business, or part of the business, of the relevant entity was, at 1
some time carried on, in whole or in part, by a business unit, division or 2
branch of a State electricity entity or State electricity entities. 3
of new pt hdg 4
Insertion
Clause 52. In chapter 14, before section 269-- 5
insert-- 6
ART 1--PROVISIONS FOR ORIGINAL ACT 7
`P
(1994 No. 64)'. 8
of new pt 2 9
Insertion
Clause 53. After section 288-- 10
insert-- 11
ART 2--TRANSITIONAL PROVISIONS FOR 12
`P
ELECTRICITY AMENDMENT ACT 1997 13
of tariffs 14
`Continuation
`289.(1) The prices for electricity in force at the commencement continue 15
in force until prices are approved by the Minister after the commencement. 16
`(2) This section expires 1 year after the commencement. 17
of QGC's generation authorities 18
`Expiry
`290.(1) The following generation authorities ("old generation 19
authority") issued by the regulator to Queensland Generation Corporation 20
expire on a date decided by the Minister-- 21
(a) the authority dated 18 December 1995 for the Swanbank 22
generation plant; 23
(b) the authority 18 December 1995 for the Stanwell generation plant; 24
(c) the authority dated 18 December 1995 for the Wivenhoe 25
generation plant; 26
s 53 36 s 53
Electricity Amendment
(d) the authority dated 18 December 1995 for the Tarong generation 1
plant; 2
(e) the authority dated 18 December 1995 and amended on 27 May 3
1996 for the Callide A and Callide B generation plants; 4
(f) the authority dated 18 December 1995 for the Rockhampton 5
generation plant; 6
(g) the authority dated 18 December 1995 for the Middle Ridge 7
generation plant; 8
(h) the authority dated 18 December 1995 for the Mackay generation 9
plant; 10
(i) the authority dated 18 December 1995 for the Kareeya generation 11
plant; 12
(j) the authority dated 18 December 1995 for the Barron Gorge 13
generation plant. 14
`(2) Subsection (1) applies despite anything to the contrary in an old 15
generation authority. 16
`(3) A decision under subsection (1)-- 17
(a) must be notified by the Minister to the regulator and Queensland 18
Generation Corporation; and 19
(b) does not give rise to any claim for compensation by Queensland 20
Generation Corporation or anyone else. 21
`(4) This section expires 1 year after the commencement. 22
authorities for new generation entities 23
`Generation
`291.(1) As soon as practicable after the commencement of this section, 24
the regulator must issue to each of Queensland Generation Corporation 1, 25
Queensland Generation Corporation 2 and Queensland Generation 26
Corporation 3 ("generation corporations")-- 27
(a) a generation authority; or 28
(b) if separate authorities are to be issued for separate generation 29
plants--a generation authority for each generation plant. 30
`(2) The regulator must issue an authority on the terms approved by the 31
s 53 37 s 53
Electricity Amendment
Minister. 1
`(3) Subject to the conditions in subsection (4), until each generation 2
corporation is issued with an authority, each corporation is authorised to-- 3
(a) connect the generation plant approved by the Minister to the 4
transmission grid of Queensland Electricity Transmission 5
Corporation; and 6
(b) perform other functions approved by the Minister. 7
`(4) An authorisation under subsection (3) is subject to-- 8
(a) the conditions in sections 27 and 28; and 9
(b) the condition that the generation corporation complies with all 10
laws that apply to it; and 11
(c) other conditions relating to the connection or operation of the 12
generation corporation's generation plant that may be notified in 13
writing by the Minister to the generation corporation. 14
`(5) This section expires 1 year after the commencement. 15
of QETC's transmission authority 16
`Expiry
`292.(1) The transmission authority issued by the regulator to 17
Queensland Electricity Transmission Corporation dated 18 December 1995 18
("old QETC authority") expires on a date decided by the Minister. 19
`(2) Subsection (1) applies despite anything to the contrary in the old 20
QETC authority. 21
`(3) A decision under subsection (1)-- 22
(a) must be notified by the Minister to the regulator and Queensland 23
Electricity Transmission Corporation; and 24
(b) does not give rise to any claim for compensation by Queensland 25
Electricity Transmission Corporation or anyone else. 26
`(4) This section expires 1 year after the commencement. 27
transmission authority for QETC 28
`New
`293.(1) As soon as practicable after the commencement of this section, 29
s 53 38 s 53
Electricity Amendment
the regulator must issue a new transmission authority to Queensland 1
Electricity Transmission Corporation. 2
`(2) The regulator must issue the new transmission authority on the 3
terms approved by the Minister. 4
`(3) Subject to the conditions in subsection (4), until Queensland 5
Electricity Transmission Corporation is issued with a new authority under 6
subsection (1), the corporation is authorised to-- 7
(a) operate the transmission grid in the area stated in the old QETC 8
authority; and 9
(b) perform other functions approved by the Minister. 10
`(4) An authorisation under subsection (3) is subject to-- 11
(a) the conditions in sections 31, 32, 33, 34, 35 and 36; and 12
(b) the condition that Queensland Electricity Transmission 13
Corporation complies with all laws that apply to it; and 14
(c) other conditions relating to the operation of the transmission grid 15
that may be notified in writing by the Minister to Queensland 16
Electricity Transmission Corporation. 17
`(5) This section expires 1 year after the commencement. 18
of QTSC's supply entity authority 19
`Expiry
`294.(1) The supply entity authority issued by the regulator to 20
Queensland Transmission and Supply Corporation dated 18 December 21
1995 and amended on 22 April 1996 expires on a date decided by the 22
Minister. 23
`(2) Subsection (1) applies despite anything to the contrary in the supply 24
entity authority. 25
`(3) A decision under subsection (1)-- 26
(a) must be notified by the Minister to the regulator and Queensland 27
Transmission and Supply Corporation; and 28
(b) does not give rise to any claim for compensation by Queensland 29
Transmission and Supply Corporation or anyone else. 30
`(4) This section expires 1 year after the commencement. 31
s 53 39 s 53
Electricity Amendment
of State authorised supplier authorities 1
`Expiry
`295.(1) The following authorised supplier authorities issued by the 2
Queensland Transmission and Supply Corporation ("old State 3
authorities") expire on a date decided by the Minister-- 4
(a) the authority issued to South East Queensland Electricity 5
Corporation dated 16 May 1996 and numbered 15/96; 6
(b) the authority issued to South West Queensland Electricity 7
Corporation dated 16 May 1996 and numbered 16/96; 8
(c) the authority issued to Wide Bay-Burnett Electricity Corporation 9
dated 16 May 1996 and numbered 14/96; 10
(d) the authority issued to the Capricornia Electricity Corporation 11
dated 16 May 1996 and numbered 13/96; 12
(e) the authority issued to Mackay Electricity Corporation dated 13
16 May 1996 and numbered 12/96; 14
(f) the authority issued to North Queensland Electricity Corporation 15
dated 16 May 1966 and numbered 11/96; 16
(g) the authority issued to Far North Queensland Electricity 17
Corporation dated 16 May 1966 and numbered 10/96. 18
`(2) Subsection (1) applies despite anything to the contrary in an old State 19
authority. 20
`(3) A decision under subsection (1)-- 21
(a) must be notified by the Minister to the regulator, Queensland 22
Transmission and Supply Corporation and the relevant State 23
authorised supplier; and 24
(b) does not give rise to any claim for compensation by Queensland 25
Transmission and Supply Corporation, a State authorised supplier 26
or anyone else. 27
`(4) This section expires 1 year after the commencement. 28
distribution authorities 29
`New
`296.(1) As soon as practicable after the commencement, the regulator 30
s 53 40 s 53
Electricity Amendment
must issue a distribution authority to each of the following corporations 1
("distribution corporations")-- 2
(a) South East Queensland Electricity Corporation; 3
(b) South West Queensland Electricity Corporation; 4
(c) Wide Bay-Burnett Electricity Corporation; 5
(d) Capricornia Electricity Corporation; 6
(e) Mackay Electricity Corporation; 7
(f) North Queensland Electricity Corporation; 8
(g) Far North Queensland Electricity Corporation. 9
`(2) The regulator must issue a distribution authority on the terms 10
approved by the Minister. 11
`(3) Until each distribution corporation is issued with an authority under 12
subsection (1), each corporation is authorised to-- 13
(a) operate the supply network within the area stated in the 14
corporation's old State authority, however, the Minister may by 15
notice to the corporation change the area; and 16
(b) perform other functions approved by the Minister. 17
`(4) An authorisation under subsection (3) is subject to-- 18
(a) the condition that the corporation complies with all laws that 19
apply to it; and 20
(b) other conditions relating to the matters mentioned in 21
subsections (3)(a) or (b) that may be notified by the Minister to 22
the corporation. 23
`(5) The Minister may approve a distribution entity's first standard 24
customer connection contract and if the Minister does so-- 25
(a) section 40B does not apply to the contract; and 26
(b) the contract takes effect on and from the later of-- 27
(i) the date specified in the Minister's approval; or 28
(ii) the date the contract is approved by the Minister. 29
`(6) To remove doubt, it is declared that the contract approved by the 30
s 53 41 s 53
Electricity Amendment
Minister is the contract mentioned in sections 40(4) and 40AA(1)(b). 1
`(7) This section expires 1 year after the commencement. 2
retail authorities 3
`New
`297.(1) As soon as practicable after the commencement of this section, 4
the regulator must issue a retail authority to each of the following 5
corporations ("retail corporations")-- 6
(a) Southern Electricity Retail Corporation; 7
(b) Central Electricity Retail Corporation; 8
(c) Northern Electricity Retail Corporation. 9
`(2) The regulator must issue a retail authority on the terms approved by 10
the Minister. 11
`(3) Until each retail corporation is issued with an authority under 12
subsection (1), each corporation is authorised-- 13
(a) in relation to customers with electrical installations or premises 14
within the area approved by the Minister-- 15
(i) to sell electricity to customers for their electrical installations 16
or premises; and 17
(ii) to arrange for-- 18
(A) customers' electrical installations or premises to be 19
connected to a supply network to allow the supply of 20
electricity from the supply network to customers' 21
electrical installations or premises; and 22
(B) the supply of electricity from the supply network to 23
customers' electrical installations or premises; and 24
(b) in relation to customers outside the area approved by the 25
Minister--to act in accordance with section 55C; and 26
(c) to perform other functions approved by the Minister. 27
`(4) An authorisation under subsection (3) is subject to-- 28
(a) the condition that the corporation complies with all laws that 29
apply to it; and 30
s 53 42 s 53
Electricity Amendment
(b) other conditions relating to the matters mentioned in 1
subsection (3)(a), (b) or (c) that may be notified in writing by the 2
Minister to the corporation. 3
`(5) The Minister may approve a retail entity's first standard customer 4
sale contract and if the Minister does so-- 5
(a) section 51 does not apply to the contract; and 6
(b) the contract takes effect on and from the later of-- 7
(i) the date specified in the Minister's approval; or 8
(ii) the date the contract is approved by the Minister. 9
`(6) To remove doubt, it is declared that the contract approved by the 10
Minister is the contract mentioned in sections 40AA(1)(a) and 49(3). 11
`(7) This section expires 1 year after the commencement. 12
with formal requirements for the issue of interim 13
`Dispensing
authorities 14
`298.(1) The Minister may dispense with the requirements of chapter 9 15
that the Minister considers appropriate for the issue of the interim 16
authorities under sections 291, 293, 296 and 297. 17
`(2) This section expires 1 year after the commencement. 18
to State electricity entities 19
`Directions
`299.(1) A State electricity entity must comply with a direction given to it 20
by the Ministers. 21
`(2) A direction must be in writing and signed by the Ministers. 22
`(3) The Ministers may only give a direction if they are satisfied that it is 23
necessary or convenient to assist or give effect to the restructuring of the 24
Queensland electricity supply industry or reforms proposed for the 25
Queensland electricity supply industry. 26
`(4) The board of a State electricity entity must implement a direction 27
given under subsection (1) but an act or decision of the board is not invalid 28
merely because of a failure to comply with the direction. 29
s 53 43 s 53
Electricity Amendment
`(5) A regulation may declare the following entities that are not State 1
electricity entities, to be a State electricity entity for this section-- 2
(a) a GOC; 3
(b) a subsidiary of a GOC; 4
(c) a government company; 5
as long as the business, or part of the business, of the relevant entity was, at 6
some time carried on, in whole or in part, by a business unit, division or 7
branch of a State electricity entity or State electricity entities. 8
`(6) In this section-- 9
"Ministers" means the Minister who administers this Act and the Minister 10
who administers the Government Owned Corporations Act 1993. 11
may give exemptions from holding a retail authority 12
`Minister
`300.(1) The Minister may exempt a person or class of person from the 13
requirement to hold a retail authority. 14
`(2) The exemption may be given on conditions. 15
`(3) A person must not contravene a condition of an exemption applying 16
to the person. 17
`(4) This section expires 1 year after the commencement. 18
powers about pricing 19
`Minister's
`301.(1) In this section, examples of "fixing" include-- 20
(a) setting a mechanism for deciding prices; or 21
(b) setting maximum prices; or 22
(c) setting a mechanism for deciding maximum prices; or 23
(d) providing for another person to decide prices or maximum prices; 24
or 25
(e) any combination of the above. 26
`(2) Despite section 93 and without limiting section 299, the Minister 27
may, by written notice to a State electricity entity, fix the prices the entity 28
s 53 44 s 53
Electricity Amendment
must charge for-- 1
(a) electricity that it sells; or 2
(b) any services that it provides. 3
`(3) If the Minister fixes a price a State electricity entity must charge for 4
electricity or services, the entity must not charge a different price. 5
`(4) A State electricity entity does not discriminate merely because it 6
charges a price fixed by the Minister. 7
`(5) A regulation may declare the following entities that are not State 8
electricity entities, to be a State electricity entity for this section-- 9
(a) a GOC; 10
(b) a subsidiary of a GOC; 11
(c) a government company; 12
as long as the business, or part of the business, of the relevant entity was, at 13
some time carried on, in whole or in part, by a business unit, division or 14
branch of a State electricity entity or State electricity entities. 15
`(6) This section expires 1 year after the commencement. 16
State electricity entity for limited purposes 17
`QTSC
`302.(1) Queensland Transmission and Supply Corporation is taken to 18
be a State electricity entity for the purposes only of-- 19
(a) the arrangements under the Gladstone Power Station Agreement 20
1993 and the State agreement under that Act; and 21
(b) sections 255, 256, 262, 299 and 301. 22
`(2) This section expires 1 year after the commencement. 23
regulations 24
`Transitional
`303.(1) A regulation may make provision for any matter for which this 25
Act does not make provision or sufficient provision and for which-- 26
(a) it is necessary or convenient to assist or give effect to the 27
restructuring of the Queensland electricity supply industry or 28
reforms proposed for the Queensland electricity supply industry; 29
s 54 45 s 55
Electricity Amendment
or 1
(b) it is necessary to provide for the preservation, continuation, 2
termination of any authority or special approval issued under this 3
Act including without limitation any licence or approval that has 4
been preserved or continued by this Act; or 5
(c) it is necessary or convenient to assist in giving effect to 6
sections 289 to 302; or 7
(d) it is necessary to provide for the preservation of any accrued 8
rights existing before the commencement in relation to the supply 9
of electricity. 10
`(2) A regulation under subsection (1) may be given retrospective 11
operation to a date not earlier than the commencement of this section. 12
`(3) This section and any regulation made under it expires 1 year after 13
this section commences.'. 14
of sch 1 (Appeals against administrative decisions) 15
Amendment
Clause 54.(1) Schedule 1, `supply entity'-- 16
omit, insert-- 17
`distribution'. 18
(2) Schedule 1, `206(1)' and the entry opposite-- 19
omit, insert-- 20
`205(1) Refusal to issue retail authority sought Supreme
by applicant
207C Refusal to agree to surrender of retail Supreme
authority
55D(e) Stating of conditions in retail entity Supreme'.
authority
of sch 2 (Subject matter for regulations) 21
Amendment
Clause 55.(1) Schedule 2, clause 1, heading, after `supply'-- 22
insert-- 23
s 56 46 s 56
Electricity Amendment
`and sale'. 1
(2) Schedule 2, clause 1, `supply,'-- 2
omit, insert-- 3
`supply and sale,'. 4
(3) Schedule 2, clause 1(f) `fees for'-- 5
omit, insert-- 6
`fees for or in relation to'. 7
of sch 5 (Dictionary) 8
Amendment
Clause 56.(1) Schedule 5, dictionary, definitions "authorised supplier", 9
"authorised supplier authority", "obligated supplier", "obligation to 10
supply", "State authorised supplier", "State electricity entity", 11
"supply area", "supply entity" and "supply entity authority"-- 12
omit. 13
(2) Schedule 5, dictionary-- 14
insert-- 15
` "customer connection contract" means the contract under which a 16
distribution entity agrees to provide the services mentioned in 17
section 40(1) for a customer's electrical installation or premises. 18
"customer sale contract" means the contract under which a retail entity 19
agrees to provide the services mentioned in section 49(1) for a 20
customer's electrical installation or premises. 21
"distribution area" see section 39. 22
"distribution authority" see section 38. 23
"distribution entity" see section 37. 24
"government company" has the meaning given to it in the Government 25
Owned Corporations Act 1993. 26
"negotiated customer connection contract" means a contract entered into 27
under section 40C in relation to a customer's electrical installation or 28
premises, including any amendments of the contract. 29
s 57 47 s 57
Electricity Amendment
"negotiated customer sale contract" means a contract entered into under 1
section 52 in relation to a customer's electrical installation or premises, 2
including any amendments of the contract. 3
"non-contestable customer" see section 23(3). 4
"retail area" see section 48. 5
"retail authority" see section 47. 6
"retail entity" see section 46. 7
"standard customer connection contract" means, for a distribution 8
entity, the standard customer connection contract prepared by the 9
distribution entity under section 40A, including any amendments of 10
the contract. 11
"standard customer sale contract" means, for a retail entity, the standard 12
customer sale contract prepared by the retail entity under section 50, 13
including any amendments of the contract. 14
"State electricity entity" means an electricity entity that is a GOC, a GOC 15
subsidiary or a government company.'. 16
Act--schedule 17
Amended
Clause 57. The schedule amends the Act mentioned in it. 18
48
Electricity Amendment
CHEDULE 1
¡S
AMENDED ACT 2
section 57 3
BUILDING ACT 1975 4
´
1. Section 4(5)(a)(i), `Queensland Generation Corporation'-- 5
omit, insert-- 6
`a State electricity entity holding a generation authority under the 7
Electricity Act 199 '. 4 8
9
10
© State of Queensland 1997
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