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Queensland
ELECTRICITY AND OTHER
LEGISLATION AMENDMENT
BILL 2003
Queensland
ELECTRICITY AND OTHER
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF ELECTRICITY ACT 1994
3 Act amended in pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Replacement of s 20 (Exemptions from Act) . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 6--EXEMPTIONS FROM ACT
Division 1--On-suppliers
Subdivision 1--Preliminary
20 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subdivision 2--Exemptions
20A Exemptions for on-suppliers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Subdivision 3--On-supply agreements
20B On-supply agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20C Act prevails over on-supply agreement . . . . . . . . . . . . . . . . . . . . . . . 11
Subdivision 4--Preliminary disclosure requirements about
common area charges
20D Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20E Preliminary consumption estimate. . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20F Required contents for on-supply agreement . . . . . . . . . . . . . . . . . . . 12
20G Consequence of not complying with sdiv 4. . . . . . . . . . . . . . . . . . . . 12
Subdivision 5--Individual metering
20H Individual metering option. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20I Compensation for installation damage . . . . . . . . . . . . . . . . . . . . . . . 13
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20J Maximum charge for metered supply . . . . . . . . . . . . . . . . . . . . . . . . 14
Subdivision 6--Disclosure requirements for common area
consumption charges
20K Application of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20L Periodic consumption estimates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20M Audited statements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20N Content requirements for audited statement . . . . . . . . . . . . . . . . . . . 16
Subdivision 7--On-suppliers who operate a private network
20O Market Code exemption required . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Other exemptions
20P Exemption for connection of generating plant not supplying
electricity to transmission grid or supply network. . . . . . . . . . . . . . . 17
20Q Exemptions for Queensland Rail . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20R Regulation may exempt person or thing from Act. . . . . . . . . . . . . . . 18
5 Amendment of s 33 (Additional condition not to buy and sell electricity) . . 19
6 Amendment of s 90 (Minister may decide retail price for
non-contestable customers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
7 Insertion of new s 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
90A Obtaining relevant information for deciding prices or
methodology for fixing prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
8 Amendment of s 116 (Authority to acquire land) . . . . . . . . . . . . . . . . . . . . . 20
9 Amendment of s 137 (Entry to read meters etc.) . . . . . . . . . . . . . . . . . . . . . 21
10 Amendment of s 146 (Appointment and qualifications) . . . . . . . . . . . . . . . . 22
11 Insertion of new ch 7, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 2A--POWERS OF INSPECTION OFFICERS
Division 1--Entry of places
152A Power to enter place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Procedure for entry
152B Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
152C Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
152D Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
152E Special warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
152F Warrant--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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Division 3--General powers of inspection officers
152G General powers after entering place . . . . . . . . . . . . . . . . . . . . . . . . . 27
152H Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
152I Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
152J Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
152K Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
152L Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
152M Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
12 Amendment of s 180 (Consideration of application for generation
authority) ........................................... 31
13 Amendment of s 182 (Amendment of generation authorities) . . . . . . . . . . . 31
14 Amendment of s 183 (Amendment of conditions stated in generation
authorities) .......................................... 31
15 Replacement of s 184 (Generation authorities not transferable) . . . . . . . . . . 32
Division 3--Transfer of authority
184 Transfer of generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
184A Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
184B Consideration of application for transfer . . . . . . . . . . . . . . . . . . . . . . 32
184C Notice of refusal to transfer generation authority . . . . . . . . . . . . . . . 33
16 Amendment of s 189 (Consideration of application for authority) . . . . . . . . 33
17 Amendment of s 191 (Amendment of transmission authorities) . . . . . . . . . 33
18 Amendment of s 192 (Amendment of conditions stated in transmission
authorities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
19 Replacement of s 193 (Transmission authorities not transferable) . . . . . . . . 34
Division 3--Transfer of authority
193 Transfer of transmission authorities. . . . . . . . . . . . . . . . . . . . . . . . . . 34
193A Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
193B Consideration of application for transfer . . . . . . . . . . . . . . . . . . . . . . 34
193C Notice of refusal to transfer transmission authority. . . . . . . . . . . . . . 35
20 Amendment of s 197 (Consideration of application for authority) . . . . . . . . 35
21 Amendment of s 199 (Amendment of distribution authorities) . . . . . . . . . . 35
22 Amendment of s 200 (Amendment of conditions stated in distribution
authorities) ............................................... 35
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23 Replacement of s 201 (Distribution authorities not transferable) . . . . . . . . . 35
Division 3--Transfer of authority
201 Transfer of distribution authorities . . . . . . . . . . . . . . . . . . . . . . . . . . 36
201A Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
201C Notice of refusal to transfer distribution authority . . . . . . . . . . . . . . 37
24 Amendment of s 205 (Consideration of application for authority) . . . . . . . . 37
25 Amendment of s 207 (Amendment of retail authorities) . . . . . . . . . . . . . . . 37
26 Amendment of s 207A (Amendment of conditions stated in retail
authorities) ........................................... 37
27 Amendment of s 210 (Consideration of application for special approval) . . 37
28 Amendment of s 211A (Amendment of special approval) . . . . . . . . . . . . . . 38
29 Amendment of s 211B (Amendment of conditions stated in special
approval) ........................................... 38
30 Amendment of s 211C (Amendment of special approval and conditions
by notice to holder of special approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
31 Replacement of s 212 (Special approvals not transferable) . . . . . . . . . . . . . 38
Division 3--Transfer of special approval
212 Transfer of special approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
212A Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
212B Consideration of application for transfer . . . . . . . . . . . . . . . . . . . . . . 39
212C Notice of refusal to transfer special approval . . . . . . . . . . . . . . . . . . 39
32 Insertion of new ch 14, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 5--TRANSITIONAL PROVISIONS FOR ELECTRICITY AND
OTHER LEGISLATION AMENDMENT ACT 2003
305 Existing on-supply agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
306 Particular existing agreements about common area consumption . . . 40
307 Existing exemptions from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
33 Insertion of new division headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
34 Replacement of sch 1 (Appeals against administrative decisions) . . . . . . . . 41
SCHEDULE 1
APPEALS AGAINST ADMINISTRATIVE DECISIONS
35 Amendment of sch 5 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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PART 3--AMENDMENT OF INTEGRATED PLANNING ACT 1997
36 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
37 Amendment of s 3.7.8 (When pt 7 does not apply). . . . . . . . . . . . . . . . . . . . 44
38 Amendment of sch 8 (Assessable, self-assessable and exempt development) 45
39 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
PART 4--AMENDMENT OF INTEGRATED PLANNING AND
OTHER LEGISLATION AMENDMENT ACT 2001
40 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
41 Amendment of s 84 (Replacement of sch 8 (Assessable, self-assessable
and exempt development)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 47
MINOR AND CONSEQUENTIAL AMENDMENTS OF
ELECTRICITY ACT 1994
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 48
NEW DIVISION HEADINGS FOR ELECTRICITY ACT 1994
2003
A BILL
FOR
An Act to amend the Electricity Act 1994, the Integrated Planning Act
1997 and the Integrated Planning and Other Legislation
Amendment Act 2001
s1 8 s4
Electricity and Other Legislation Amendment
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Electricity and Other Legislation 4
Amendment Act 2003. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF ELECTRICITY ACT 1994 8
3 Act amended in pt 2 and sch 1
Clause 9
This part and schedule 1 amend the Electricity Act 1994. 10
4 Replacement of s 20 (Exemptions from Act)
Clause 11
Section 20-- 12
omit, insert-- 13
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Electricity and Other Legislation Amendment
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`PART 6--EXEMPTIONS FROM ACT 1
`Division 1--On-suppliers 2
`Subdivision 1--Preliminary 3
`20 Definitions for div 1 4
`In this division-- 5
"accounting period", for an on-supply agreement, means a period of 6
1 year beginning on a day fixed by the on-supplier. 7
"common area", of an on-supplier's premises, means a part of the 8
premises that the on-supplier and each lessee or other person the 9
on-supplier has given a right to use the premises have agreed is a 10
common area of the premises. 11
12
Examples of a part of an on-supplier's premises that may be a common area--
13
· community, entertainment, information and leisure facilities in a caravan park
14
· elevators, escalators and stairways
15
· fountains and gardens
16
· malls and walkways
17
· parking areas
18
· rest rooms and toilets.
"common area consumption", for an on-supplier's premises, means the 19
whole or part of the electricity consumed in a common area of the 20
on-supplier's premises. 21
"first accounting period", for an on-supply agreement, means the 22
accounting period in which the agreement is made, or proposed to be 23
made. 24
"on-supplier" means a person who-- 25
(a) is the owner or occupier of premises or has the right to use 26
premises; and 27
(b) supplies, or supplies and sells, electricity for use in the premises. 28
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Electricity and Other Legislation Amendment
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1
Examples of persons under paragraph (a)--
2
· an owner, occupier or a person who has a right to use a caravan park,
3
exhibition centre, hostel, hotel, industrial park, lodging house, marina,
4
market arcade, motel or shopping centre
5
· a relevant body corporate.
"on-supplier's premises", for a person who is an on-supplier, means the 6
premises for which the person is an on-supplier. 7
"on-supply agreement" means an agreement made under section 20B. 8
"receiver" means a person who owns, occupies or has the right to use 9
premises and to whom electricity is supplied, or supplied and sold, by 10
an on-supplier for the premises. 11
`Subdivision 2--Exemptions 12
`20A Exemptions for on-suppliers 13
`If an on-supplier complies with subdivisions 3 to 7, the on-supplier is 14
exempted from sections 88A and 89.1 15
`Subdivision 3--On-supply agreements 16
`20B On-supply agreement 17
`(1) An on-supplier and a receiver may agree about how-- 18
(a) the on-supplier is to supply electricity to the receiver; or 19
(b) the on-supplier may charge the receiver for common area 20
consumption for the on-supplier's premises. 21
`(2) The agreement may state a charge or no charge for the supply or 22
common area consumption. 23
`(3) The agreement may be-- 24
(a) written or oral; or 25
1 Sections 88A (Prohibition on operating supply network unless authorised)
and 89 (Restriction on sale of electricity)
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(b) made in any way permitted by law; or 1
(c) incorporated in a lease or other agreement between the 2
on-supplier and the receiver. 3
`20C Act prevails over on-supply agreement 4
`If there is an inconsistency between an on-supply agreement and this 5
Act, this Act prevails to the extent of the inconsistency. 6
`Subdivision 4--Preliminary disclosure requirements about 7
common area charges 8
`20D Application of sdiv 4 9
`This subdivision applies if-- 10
(a) a person (the "prospective on-supplier") proposes to enter into 11
an on-supply agreement as an on-supplier; and 12
(b) under the agreement, the on-supplier will charge another person 13
(the "prospective receiver") for common area consumption for 14
the on-supplier's premises. 15
`20E Preliminary consumption estimate 16
`(1) The prospective on-supplier must, within a reasonable period before 17
making the on-supply agreement, give the prospective receiver-- 18
(a) written notice of the accounting period that is to apply to the 19
on-supply agreement; and 20
(b) an estimate of the common area consumption for the first 21
accounting period for the agreement. 22
`(2) In deciding what is a reasonable period for subsection (1), regard 23
must be had to whether the period is enough to allow the prospective 24
receiver to estimate his or her liability for the common area consumption 25
for the first accounting period for the agreement. 26
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`20F Required contents for on-supply agreement 1
`(1) The prospective on-supplier must not enter into the on-supply 2
agreement unless it provides for-- 3
(a) how the common area consumption is to be worked out; and 4
(b) if the receiver is only required to pay part of the common area 5
consumption--how that part is to be worked out. 6
`(2) Subject to section 20G, failure to comply with subsection (1) does 7
not invalidate the agreement. 8
`20G Consequence of not complying with sdiv 4 9
`(1) This section applies if the prospective on-supplier-- 10
(a) does not comply with section 20E(1) before entering into the 11
on-supply agreement; or 12
(b) enters into an on-supply agreement in contravention of 13
section 20F. 14
`(2) The receiver under the agreement may, by written notice to the 15
on-supplier, terminate any liability that the receiver would, other than for 16
this section, have had for common area consumption to which the 17
agreement applies. 18
`(3) However, the notice may be given only within 2 months after the 19
agreement is made. 20
`(4) A termination under this section ends any liability for common area 21
consumption accrued or incurred under the agreement or otherwise at any 22
time before or after the termination. 23
`(5) To remove any doubt, it is declared that a termination under this 24
section does not, of itself, affect any other liability of the receiver to the 25
on-supplier under the agreement or another agreement. 26
`(6) This section does not limit section 20A. 27
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`Subdivision 5--Individual metering 1
`20H Individual metering option 2
`(1) This section applies if an on-supply agreement for the supply and 3
sale of electricity between an on-supplier and a receiver is in force. 4
`(2) The receiver may, at any time-- 5
(a) elect, by written notice to the on-supplier, to be charged on the 6
basis of the receiver's consumption of electricity supplied from 7
the on-supplier, as measured by a meter; and 8
(b) install the meter, at the receiver's expense. 9
`(3) However, the election has effect only if the installation is done in a 10
way-- 11
(a) that complies with any reasonable written directions the 12
on-supplier gives the receiver within 5 business days after the 13
giving of the notice; or 14
(b) if no written directions are given within the 5 business 15
days--that is reasonable. 16
`(4) In deciding what is reasonable for subsection (3), regard must be 17
had to the interests of the on-supplier and anyone who is an occupier of the 18
on-supplier's premises. 19
`20I Compensation for installation damage 20
`(1) This section applies if-- 21
(a) a receiver has, under section 20H, given an on-supplier a written 22
notice of election; and 23
(b) the receiver installs a meter for electricity supplied from the 24
on-supplier to the receiver; and 25
(c) either-- 26
(i) no written direction was given by the on-supplier under 27
section 20H; or 28
(ii) the installation was done in a way that does not comply with 29
the on-supplier's reasonable written directions under that 30
section; or 31
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(iii) the installation was not done in a way that is reasonable; and 1
(d) a person as follows (the "claimant") suffers damage to property 2
because of the installation-- 3
(i) the on-supplier; 4
(ii) anyone who is an occupier of the on-supplier's premises. 5
`(2) Compensation for the damage is payable by the receiver to the 6
claimant. 7
`(3) The compensation may be claimed and recovered in a proceeding 8
brought in a court of competent jurisdiction. 9
`(4) A court may order payment of the compensation only if it is just to 10
make the order in the circumstances of the particular case. 11
`(5) In making the order the court must have regard to-- 12
(a) whether it was reasonable for the claimant to give the receiver an 13
opportunity to fix the damage; and 14
(b) if paragraph (a) applies--whether the receiver was given a 15
reasonable period to fix the damage. 16
`(6) This section does not limit a civil right or remedy that exists apart 17
from this section, whether at common law or otherwise. 18
`20J Maximum charge for metered supply 19
`(1) This section applies if electricity supplied and sold by an 20
on-supplier to a receiver is charged on the basis of the receiver's electricity 21
consumption as measured by a meter. 22
`(2) However, this section does not apply to electricity that is common 23
area consumption for the on-supplier's premises. 24
`(3) If there is a relevant retail entity for the supply, the rate of the charge 25
must not be more than the lowest rate that the receiver would have paid for 26
the consumption had the receiver been a non-contestable customer of the 27
entity. 28
`(4) If there is no relevant retail entity for the supply, the rate of charge 29
must not be more than the lowest rate that the receiver would have paid for 30
the consumption had the receiver been a non-contestable customer of the 31
retail entity that sells electricity to the on-supplier. 32
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Electricity and Other Legislation Amendment
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`(5) In working out the lowest rate for subsections (3) and (4), any cost 1
of connecting the receiver's premises to a supply network to allow the 2
supply of electricity from the network to the premises must be disregarded. 3
`(6) The on-supplier can not recover an amount for the consumption to 4
the extent the amount has been worked out at a rate that is more than the 5
lowest rate allowed under subsection (3) or (4). 6
`(7) In this section-- 7
"relevant retail entity", for the supply, means a retail entity whose retail 8
authority states an area in which the receiver's premises are located. 9
`Subdivision 6--Disclosure requirements for common area 10
consumption charges 11
`20K Application of sdiv 6 12
`This subdivision applies if, under an on-supply agreement, the 13
on-supplier may charge for common area consumption. 14
`20L Periodic consumption estimates 15
`(1) The on-supplier must, for each accounting period after the first 16
accounting period for the agreement, give the receiver an estimate of the 17
common area consumption for the on-supplier's premises during the 18
accounting period. 19
`(2) An estimate for an accounting period must be given at least 1 month 20
before the accounting period begins. 21
`20M Audited statements 22
`(1) The on-supplier must, for each accounting period, give the receiver 23
audited statements of the common area consumption. 24
`(2) A statement for an accounting period must-- 25
(a) comply with section 20N; and 26
(b) be given within 3 months after the accounting period ends. 27
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`20N Content requirements for audited statement 1
`Each audited statement under section 20M must-- 2
(a) comply with the standards in the statements of accounting and 3
auditing standards made by the Australian Society of Certified 4
Practising Accountants and the Institute of Chartered 5
Accountants in Australia; and 6
(b) be prepared by a person (the "auditor") who is-- 7
(i) registered, or taken to be registered, as an auditor under the 8
Corporations Act; or 9
(ii) a member of, and holds a practising certificate from, the 10
Australian Society of Certified Practising Accountants or 11
the Institute of Chartered Accountants in Australia; and 12
(c) contain the auditor's opinion about whether the statement 13
presents fairly the on-supplier's charges for the common area 14
consumption during the period to which it relates, in accordance 15
with the on-supplier's financial records; and 16
(d) compare each relevant estimate given under this division with the 17
amount actually spent by the on-supplier on the common area 18
consumption during the period; and 19
(e) compare the total amount actually spent by the on-supplier on 20
common area consumption during the period with the amount 21
actually paid for the period by anyone for the on-supplier's 22
premises. 23
`Subdivision 7--On-suppliers who operate a private network 24
`20O Market Code exemption required 25
`An on-supplier must be exempt from the requirement under the Market 26
Code, clause 2.5,2 to be registered as a network service provider if the 27
on-supplier-- 28
2 The Market Code, clause 2.5 (Network service provider)
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(a) operates a supply network located solely within the on-supplier's 1
premises; and 2
(b) supplies, or supplies and sells, electricity using the network. 3
`Division 2--Other exemptions 4
`20P Exemption for connection of generating plant not supplying 5
electricity to transmission grid or supply network 6
`Section 873 does not apply to the connection of a standby generating 7
plant to a transmission grid or supply network if-- 8
(a) the connection is only when the operation of the plant is tested; 9
and 10
(b) electricity is not supplied by the plant into the grid or network. 11
`20Q Exemptions for Queensland Rail 12
`(1) Queensland Rail is exempted from sections 88A and 894 in relation 13
to the supply and sale of electricity to Airtrain Citylink Limited 14
ACN 066 543 315 for electricity used-- 15
(a) in connection with the building or use of electrical installations 16
and other works by Airtrain Citylink Limited, as part of a system 17
of electric traction or for signalling purposes, on the Brisbane 18
Airport Rail Link; or 19
(b) for powering electric rolling stock and railway signals on the 20
Brisbane Airport Rail Link. 21
`(2) Queensland Rail is also exempted from sections 88A and 89 in 22
relation to the supply and sale of electricity to a third party access holder 23
for electricity used by the third party access holder-- 24
(a) in connection with the building or use of electrical installations 25
and other works, as part of a system of electric traction or for 26
3 Section 87 (Connection of generating plant to transmission grid or supply network
only if authorised)
4 Sections 88A (Prohibition on operating supply network unless authorised)
and 89 (Restriction on sale of electricity)
s4 18 s4
Electricity and Other Legislation Amendment
Bill 2003
signalling purposes, on the nominated network or connected to 1
the nominated network; or 2
(b) for powering electric rolling stock and railway signals on the 3
nominated network or rail transport infrastructure owned by the 4
third party access holder and connected to the network. 5
`(3) In this section-- 6
"Airtrain Citylink Limited" includes its successors and assigns. 7
"Brisbane Airport Rail Link" means the proposed railway shown on 8
CMPS&F Pty Limited drawing no. RQ0159-C029 (F)5-- 9
· starting at a point 0.313 km from Queensland Rail's north coast 10
rail line (defined on the drawing as the "ownership transfer 11
point") 12
· finishing at the domestic terminal of Brisbane Airport. 13
"third party access holder" means a person who, under an arrangement 14
with Queensland Rail, is entitled to access and use a nominated part of 15
Queensland Rail's rail transport infrastructure (the "nominated 16
network"). 17
`20R Regulation may exempt person or thing from Act 18
`(1) If the Governor in Council considers it necessary because of an 19
emergency or other extraordinary circumstances, a regulation may-- 20
(a) exempt a person or thing from this Act or a provision of this Act; 21
and 22
(b) impose conditions on the exemption; and 23
(c) provide that the exemption ceases or continues if a condition of 24
the exemption is contravened. 25
`(2) The regulation expires 6 months after it commences, unless it is 26
earlier repealed. 27
`(3) A person must not contravene a condition of an exemption applying 28
to the person. 29
Maximum penalty for subsection (3)--50 penalty units.'. 30
5 A copy of the drawing is available for inspection at the offices of Queensland
Transport, Level 12, Capital Hill Building, 85 George Street, Brisbane.
s5 19 s6
Electricity and Other Legislation Amendment
Bill 2003
5 Amendment of s 33 (Additional condition not to buy and sell
Clause 1
electricity) 2
(1) Section 33(1), after `authority'-- 3
insert-- 4
`held by a transmission entity that operates a regulated transmission 5
grid'. 6
(2) Section 33(3)-- 7
omit, insert-- 8
`(3) In this section-- 9
"regulated transmission grid" means a transmission grid that is subject to 10
the regulatory arrangements for transmission service pricing under the 11
Market Code, chapter 6.6'. 12
6 Amendment of s 90 (Minister may decide retail price for
Clause 13
non-contestable customers) 14
(1) Section 90, heading-- 15
omit, insert-- 16
`90 Deciding retail prices for non-contestable customers'. 17
(2) Section 90(1)-- 18
omit, insert-- 19
`(1) The Minister may-- 20
(a) decide the prices, or the methodology for fixing the prices, that a 21
retail entity may charge to provide the following to 22
non-contestable customers-- 23
(i) customer retail services; 24
(ii) other goods and services prescribed under a regulation; or 25
(b) delegate to the QCA all or part of the Minister's powers under 26
paragraph (a).'. 27
(3) Section 90(3), after `Minister'-- 28
6 Market Code, chapter 6 (Network pricing for transmission and distribution systems)
s7 20 s8
Electricity and Other Legislation Amendment
Bill 2003
insert-- 1
`or the QCA (the "pricing entity")'. 2
(4) Section 90(4) and (6), `Minister'-- 3
omit, insert-- 4
`pricing entity'. 5
7 Insertion of new s 90A
Clause 6
After section 90-- 7
insert-- 8
`90A Obtaining relevant information for deciding prices or 9
methodology for fixing prices 10
`(1) A pricing entity may, in writing, ask a retail entity for relevant 11
information the pricing entity requires to decide, under section 90, prices or 12
a methodology for fixing prices for the retail entity. 13
`(2) The retail entity must, within the reasonable period stated in the 14
request, give the relevant information to the pricing entity. 15
Maximum penalty for subsection (2)--100 penalty units.'. 16
8 Amendment of s 116 (Authority to acquire land)
Clause 17
(1) Section 116(1), `(an "authorised electricity entity")'-- 18
omit. 19
(2) Section 116-- 20
insert-- 21
`(3A) On the commencement of this subsection, each of the following 22
electricity entities is taken to be authorised, under subsection (1), to acquire 23
any land for any works, including proposed works, for the period starting 24
on the commencement and ending on the revocation of the authorisation
under subsection (7)-- 25
(a) ENERGEX LIMITED ACN 078 849 055; 26
(b) Ergon Energy; 27
(c) QETC.'. 28
s9 21 s9
Electricity and Other Legislation Amendment
Bill 2003
(3) Section 116(4), words before paragraph (a)-- 29
omit, insert-- 1
`(4) The Acquisition of Land Act 1967 applies to an authorised electricity 2
entity acting under an authority given, or taken to be given, under 3
subsection (1) as if--'. 4
(4) Section 116(5)-- 5
omit, insert-- 6
`(5) The Land Act 1994, section 2187 applies to an authorised electricity 7
entity as if it were a constructing authority.'. 8
(5) Section 116(6), `the authorised'-- 9
omit, insert-- 10
`an authorised'. 11
(6) Section 116-- 12
insert-- 13
`(7) To remove any doubt, it is declared that the Minister may, by gazette 14
notice, amend or revoke an authorisation mentioned in subsection (3A). 15
`(8) In this section-- 16
"authorised electricity entity" means an entity authorised, or taken to be 17
authorised, under subsection (1), to acquire land.'. 18
9 Amendment of s 137 (Entry to read meters etc.)
Clause 19
(1) Section 137-- 20
insert-- 21
`(da)check any electrical equipment located at the electricity entity's 22
meter, including, for example, wiring and connections to the 23
meter; or'. 24
(2) Section 137(da) and (e)-- 25
renumber as section 137(e) and (f). 26
7 Land Act 1994, section 218 (Resumption for constructing authorities)
s 10 22 s 11
Electricity and Other Legislation Amendment
Bill 2003
10 Amendment of s 146 (Appointment and qualifications)
Clause 1
(1) Section 146(1)(b)-- 2
omit, insert-- 3
`(b) a public service officer; 4
(ba) an employee of-- 5
(i) an electricity entity; or 6
(ii) an electricity entity's subsidiary company;'. 7
(2) Section 146(1)(ba) and (c)-- 8
renumber as section 146(c) and (d). 9
(3) Section 146(2), `subsection (1)(b) or (c)'-- 10
omit, insert-- 11
`subsection (1)(b), (c) or (d)'. 12
11 Insertion of new ch 7, pt 2A
Clause 13
Chapter 7-- 14
insert-- 15
`PART 2A--POWERS OF INSPECTION OFFICERS 16
`Division 1--Entry of places 17
`152A Power to enter place 18
`(1) An inspection officer may enter a place if-- 19
(a) its occupier consents to the entry; or 20
(b) it is a public place and the entry is made when it is open to the 21
public; or 22
(c) the entry is authorised by a warrant. 23
`(2) For the purpose of asking the occupier of a place for consent to 24
enter, an inspection officer may, without the occupier's consent or a 25
warrant-- 26
s 11 23 s 11
Electricity and Other Legislation Amendment
Bill 2003
(a) enter land around premises at the place to an extent that is 1
reasonable to contact the occupier; or 2
(b) enter part of the place the inspection officer reasonably considers 3
members of the public ordinarily are allowed to enter when they 4
wish to contact the occupier. 5
`Division 2--Procedure for entry 6
`152B Entry with consent 7
`(1) This section applies if an inspection officer intends to ask an 8
occupier of a place to consent to the inspection officer or another 9
inspection officer entering the place. 10
`(2) Before asking for the consent, the inspection officer must tell the 11
occupier-- 12
(a) the purpose of the entry; and 13
(b) that the occupier is not required to consent. 14
`(3) If the consent is given, the inspection officer may ask the occupier to 15
sign an acknowledgment of the consent. 16
`(4) The acknowledgment must state-- 17
(a) the occupier has been told-- 18
(i) the purpose of the entry; and 19
(ii) that the occupier is not required to consent; and 20
(b) the purpose of the entry; and 21
(c) the occupier gives the inspection officer consent to enter the 22
place and exercise powers under this part; and 23
(d) the time and date the consent was given. 24
`(5) If the occupier signs the acknowledgment, the inspection officer 25
must immediately give a copy to the occupier. 26
`(6) If-- 27
(a) an issue arises in a proceeding about whether the occupier 28
consented to the entry; and 29
s 11 24 s 11
Electricity and Other Legislation Amendment
Bill 2003
(b) an acknowledgment complying with subsection (4) for the entry 1
is not produced in evidence; 2
the onus of proof is on the person relying on the lawfulness of the entry to 3
prove the occupier consented. 4
`152C Application for warrant 5
`(1) An inspection officer may apply to a magistrate for a warrant for a 6
place. 7
`(2) The application must be sworn and state the grounds on which the 8
warrant is sought. 9
`(3) The magistrate may refuse to consider the application until the 10
inspection officer gives the magistrate all the information the magistrate 11
requires about the application in the way the magistrate requires. 12
13
Example--
14
The magistrate may require additional information supporting the application to be
15
given by statutory declaration.
`152D Issue of warrant 16
`(1) The magistrate may issue a warrant only if the magistrate is satisfied 17
there are reasonable grounds for suspecting-- 18
(a) there is a particular thing or activity (the "evidence") that may 19
provide evidence of an offence against this Act; and 20
(b) the evidence is at the place, or, within the next 7 days, may be at 21
the place. 22
`(2) The warrant must state-- 23
(a) that a stated inspection officer may, with necessary and 24
reasonable help and force-- 25
(i) enter the place and any other place necessary for entry; and 26
(ii) exercise the inspection officer's powers under this part; and 27
(b) the offence for which the warrant is sought; and 28
(c) the evidence that may be seized under the warrant; and 29
(d) the hours of the day or night when the place may be entered; and 30
s 11 25 s 11
Electricity and Other Legislation Amendment
Bill 2003
(e) the date, within 14 days after the warrant's issue, the warrant 1
ends. 2
`152E Special warrant 3
`(1) An inspection officer may apply for a warrant (a "special 4
warrant") by phone, fax, radio or another form of communication if the 5
inspection officer considers it necessary because of-- 6
(a) urgent circumstances; or 7
(b) other special circumstances, including, for example, the 8
inspection officer's remote location. 9
`(2) Before applying for the special warrant, the inspection officer must 10
prepare an application stating the grounds on which the warrant is sought. 11
`(3) The inspection officer may apply for the special warrant before the 12
application is sworn. 13
`(4) After issuing the special warrant, the magistrate must immediately 14
fax a copy ("facsimile warrant") to the inspection officer if it is 15
reasonably practicable to fax the copy. 16
`(5) If it is not reasonably practicable to fax a copy to the inspection 17
officer-- 18
(a) the magistrate must tell the inspection officer-- 19
(i) what the terms of the special warrant are; and 20
(ii) the date and time the special warrant is issued; and 21
(b) the inspection officer must complete a form of warrant (a 22
"warrant form") and write on it-- 23
(i) the magistrate's name; and 24
(ii) the date and time the magistrate issued the special warrant; 25
and 26
(iii) the terms of the special warrant. 27
`(6) The facsimile warrant, or the warrant form properly completed by 28
the inspection officer, authorises the entry and the exercise of the other 29
powers stated in the special warrant issued. 30
`(7) The inspection officer must, at the first reasonable opportunity, send 31
to the magistrate-- 32
s 11 26 s 11
Electricity and Other Legislation Amendment
Bill 2003
(a) the sworn application; and 1
(b) if the inspection officer completed a warrant form--the 2
completed warrant form. 3
`(8) On receiving the documents, the magistrate must attach them to the 4
special warrant. 5
`(9) If-- 6
(a) an issue arises in a proceeding about whether an exercise of a 7
power was authorised by a special warrant; and 8
(b) the warrant is not produced in evidence; 9
the onus of proof is on the person relying on the lawfulness of the exercise 10
of the power to prove a special warrant authorised the exercise of the 11
power. 12
`152F Warrant--procedure before entry 13
`(1) This section applies if an inspection officer named in a warrant 14
issued under this part for a place is intending to enter the place under the 15
warrant. 16
`(2) Before entering the place, the inspection officer must do or make a 17
reasonable attempt to do the following things-- 18
(a) identify himself or herself to a person present at the place who is 19
an occupier of the place by producing a copy of the inspection 20
officer's identity card or other document evidencing the 21
inspection officer's appointment; 22
(b) give the person a copy of the warrant or if the entry is authorised 23
by a facsimile warrant or warrant form, a copy of the facsimile 24
warrant or warrant form; 25
(c) tell the person the inspection officer is permitted by the warrant 26
to enter the place; 27
(d) give the person an opportunity to allow the inspection officer 28
immediate entry to the place without using force. 29
`(3) However, the inspection officer need not comply with 30
subsection (2) if the inspection officer believes on reasonable grounds that 31
immediate entry to the place is required to ensure the effective execution of 32
the warrant is not frustrated. 33
s 11 27 s 11
Electricity and Other Legislation Amendment
Bill 2003
`Division 3--General powers of inspection officers 1
`152G General powers after entering place 2
`(1) This section applies to an inspection officer who enters a place. 3
`(2) However, if an inspection officer enters a place to get the occupier's 4
consent to enter a place, this section applies to the inspection officer only if 5
the consent is given or the entry is otherwise authorised. 6
`(3) For monitoring and enforcing compliance with this Act, the 7
inspection officer may-- 8
(a) search any part of the place; or 9
(b) inspect, measure, test, photograph or film any part of the place or 10
anything at the place; or 11
(c) take a thing, or a sample of or from a thing, at the place for 12
analysis or testing; or 13
(d) copy a document at the place; or 14
(e) take into or onto the place any persons, equipment and materials 15
the inspection officer reasonably requires for exercising a power 16
under this part; or 17
(f) require a person at the place to give the inspection officer 18
reasonable help to exercise the inspection officer's powers under 19
paragraphs (a) to (e); or 20
(g) require a person at the place to answer questions by the 21
inspection officer to help the inspection officer ascertain whether 22
this Act is being or has been complied with. 23
`(4) When making a requirement mentioned in subsection (3)(f) or (g), 24
the inspection officer must warn the person it is an offence to fail to 25
comply with the requirement, unless the person has a reasonable excuse. 26
`(5) A person given a requirement under subsection (3)(f) or (g) must 27
comply with the requirement, unless the person has a reasonable excuse. 28
Maximum penalty for subsection (5)--100 penalty units. 29
s 11 28 s 11
Electricity and Other Legislation Amendment
Bill 2003
`(6) It is a reasonable excuse for the person to fail to comply with the 1
requirement that complying with the requirement might tend to incriminate 2
the person. 3
`(7) A reasonable excuse does not include a matter of mere convenience. 4
`152H Power to seize evidence 5
`(1) An inspection officer who enters a place under this part, other than 6
with a warrant, may seize a thing at the place if-- 7
(a) the inspection officer reasonably believes the thing is evidence of 8
an offence against this Act; and 9
(b) for an entry made with the occupier's consent--seizure of the 10
thing is consistent with the purpose of entry as told to the 11
occupier when asking for the occupier's consent. 12
`(2) An inspection officer who enters a place with a warrant may seize 13
the evidence for which the warrant was issued. 14
`(3) An inspection officer may also seize anything else at a place the 15
officer enters under this part if the officer reasonably believes-- 16
(a) the thing is evidence of an offence against this Act; and 17
(b) the seizure is necessary to prevent the thing being hidden, lost or 18
destroyed or used to continue or repeat the offence. 19
`(4) Also, an inspection officer may seize a thing at a place the 20
inspection officer enters under this part if the inspection officer reasonably 21
believes it has just been used in committing an offence against this Act. 22
`152I Powers supporting seizure 23
`(1) Having seized a thing, an inspection officer may-- 24
(a) move the thing from the place where it was seized (the "place of 25
seizure"); or 26
(b) leave the thing at the place of seizure but take reasonable action 27
to restrict access to it and, if the thing is electrical equipment, to 28
disconnect it from its supply of electricity to the extent 29
considered appropriate; or 30
s 11 29 s 11
Electricity and Other Legislation Amendment
Bill 2003
1
Example--
2
Sealing the entrance to a room where the seized thing is situated and
3
marking it to show access to it is restricted.
(c) if the thing is electrical equipment--dismantle it or cause it to be 4
dismantled. 5
`(2) An inspection officer may direct an electricity entity to give the 6
inspection officer the help the inspection officer reasonably requires to 7
disconnect electrical equipment under subsection (1)(b). 8
`(3) An electricity entity must comply with a direction under 9
subsection (2). 10
`(4) If an inspection officer restricts access to a seized thing, a person 11
must not tamper, or attempt to tamper, with the thing or something 12
restricting access to the thing without an inspection officer's approval. 13
Maximum penalty for subsection (4)--100 penalty units. 14
`(5) If an inspection officer disconnects seized electrical equipment from 15
its supply of electricity, a person must not reconnect, or attempt to 16
reconnect, the electrical equipment to a source of supply without an 17
inspection officer's approval. 18
Maximum penalty for subsection (5)--100 penalty units. 19
`152J Receipt for seized thing 20
`(1) As soon as practicable after an inspection officer seizes a thing, the 21
inspection officer must give a receipt for it to the person from whom it was 22
seized. 23
`(2) However, if it is not practicable to comply with subsection (1), the 24
inspection officer must leave the receipt in a conspicuous position and in a 25
reasonably secure way at the place of seizure. 26
`(3) The receipt must describe generally the thing seized and its 27
condition. 28
`(4) This section does not apply to a thing if it is impracticable or would 29
be unreasonable to give the receipt required by the section, given the 30
thing's nature, condition and value. 31
s 11 30 s 11
Electricity and Other Legislation Amendment
Bill 2003
`152K Forfeiture of seized thing 1
`(1) A seized thing is forfeited to the State if the inspection officer who 2
seized the thing-- 3
(a) can not find its owner after making reasonable inquiries; or 4
(b) can not return it to its owner, after making reasonable efforts; or 5
(c) reasonably believes it is necessary to keep the thing to prevent it 6
being used to commit an offence against this Act. 7
`(2) Subsection (1)(a) does not require the inspection officer to make 8
inquiries if it would be unreasonable to make inquiries to find the owner, 9
and subsection (1)(b) does not require the inspection officer to make efforts 10
if it would be unreasonable to make efforts to return the thing to its owner. 11
`(3) If the inspection officer decides to forfeit a thing under 12
subsection (1)(c), the inspection officer must tell the owner of the decision 13
by written notice. 14
`(4) Subsection (3) does not apply if-- 15
(a) the inspection officer can not find its owner, after making 16
reasonable inquiries; or 17
(b) it is impracticable or would be unreasonable to give the notice. 18
`(5) The written notice must include a notice stating the following-- 19
(a) the reasons for the decision; 20
(b) the rights of review or appeal under this Act; 21
(c) the period in which the review or appeal must be started; 22
(d) how the rights of review or appeal are to be exercised; 23
(e) that a stay of the decision may be applied for under this Act. 24
`(6) In deciding whether, and if so what, inquiries or efforts are 25
reasonable, or whether it would be unreasonable to give notice about a 26
thing, regard must be had to the thing's nature, condition and value. 27
`152L Return of seized thing 28
`(1) If a seized thing has not been forfeited, the inspection officer must 29
return it to its owner-- 30
(a) at the end of 6 months; or 31
s 12 31 s 14
Electricity and Other Legislation Amendment
Bill 2003
(b) if a proceeding for an offence involving it is started within 1
6 months, at the end of the proceeding and any appeal from the 2
proceeding. 3
`(2) However, unless the thing has been forfeited, the inspection officer 4
must immediately return a thing seized as evidence to its owner if the 5
inspection officer stops being satisfied its continued retention as evidence 6
is necessary. 7
`152M Access to seized thing 8
`(1) Until a seized thing is forfeited or returned, an inspection officer 9
must allow its owner to inspect it and, if it is a document, to copy it. 10
`(2) Subsection (1) does not apply if it is impracticable or would be 11
unreasonable to allow the inspection or copying.'. 12
12 Amendment of s 180 (Consideration of application for generation
Clause 13
authority) 14
(1) Section 180(5), before paragraph (a)-- 15
insert-- 16
`(aa) the objects of this Act; and'. 17
(2) Section 180(5)(aa) to (b)-- 18
renumber as section 180(5)(a) to (c). 19
13 Amendment of s 182 (Amendment of generation authorities)
Clause 20
Section 182, after `agreement'-- 21
insert-- 22
`and after considering the objects of this Act'. 23
14 Amendment of s 183 (Amendment of conditions stated in
Clause 24
generation authorities) 25
Section 183, after `agreement'-- 26
s 15 32 s 15
Electricity and Other Legislation Amendment
Bill 2003
insert-- 1
`and after considering the objects of this Act'. 2
15 Replacement of s 184 (Generation authorities not transferable)
Clause 3
Section 184-- 4
omit, insert-- 5
`Division 3--Transfer of authority 6
`184 Transfer of generation authorities 7
`The regulator may transfer a generation authority. 8
`184A Application for transfer 9
`(1) An application for the transfer of a generation authority must-- 10
(a) be made to the regulator in the form approved by the regulator; 11
and 12
(b) be accompanied by the fee prescribed under a regulation. 13
`(2) If asked in writing by the regulator, the applicant must give the 14
further relevant information or evidence the regulator requires to decide the 15
application. 16
`184B Consideration of application for transfer 17
`(1) The regulator must consider the application having regard to the 18
objects of this Act and may transfer, or refuse to transfer, the generation 19
authority. 20
`(2) However, the regulator may transfer the authority only if satisfied-- 21
(a) the proposed transferee will operate the generating plant to 22
which the authority relates; and 23
(b) the proposed transferee is a suitable person to be a generation 24
entity; and 25
(c) the proposed transferee meets the additional criteria prescribed 26
under a regulation. 27
s 16 33 s 18
Electricity and Other Legislation Amendment
Bill 2003
`(3) In deciding whether the proposed transferee is a suitable person to 1
be a generation entity, the regulator may consider the matters mentioned in 2
section 180(3) as if the proposed transferee were applying for the issue of 3
the authority. 4
`184C Notice of refusal to transfer generation authority 5
`As soon as practicable after deciding to refuse to transfer the generation 6
authority, the regulator must give the applicant a written notice informing 7
the applicant of the refusal, the reasons for the refusal and the applicant's 8
right of appeal.'. 9
16 Amendment of s 189 (Consideration of application for authority)
Clause 10
(1) Section 189(5), before paragraph (a)-- 11
insert-- 12
`(aa) the objects of this Act; and'. 13
(2) Section 189(5)(aa) to (b)-- 14
renumber as section 189(5)(a) to (c). 15
17 Amendment of s 191 (Amendment of transmission authorities)
Clause 16
Section 191, after `agreement'-- 17
insert-- 18
`and after considering the objects of this Act'. 19
18 Amendment of s 192 (Amendment of conditions stated in
Clause 20
transmission authorities) 21
Section 192, after `agreement'-- 22
insert-- 23
`and after considering the objects of this Act'. 24
s 19 34 s 19
Electricity and Other Legislation Amendment
Bill 2003
19 Replacement of s 193 (Transmission authorities not transferable)
Clause 1
Section 193-- 2
omit, insert-- 3
`Division 3--Transfer of authority 4
`193 Transfer of transmission authorities 5
`The regulator may transfer a transmission authority. 6
`193A Application for transfer 7
`(1) An application for the transfer of a transmission authority must-- 8
(a) be made to the regulator in the form approved by the regulator; 9
and 10
(b) be accompanied by the fee prescribed under a regulation. 11
`(2) If asked in writing by the regulator, the applicant must give the 12
further relevant information or evidence the regulator requires to decide the 13
application. 14
`193B Consideration of application for transfer 15
`(1) The regulator must consider the application having regard to the 16
objects of this Act and may transfer, or refuse to transfer, the transmission 17
authority. 18
`(2) However, the regulator may transfer the authority only if satisfied-- 19
(a) the proposed transferee will operate the transmission grid to 20
which the authority relates; and 21
(b) the proposed transferee is a suitable person to be a transmission 22
entity; and 23
(c) the proposed transferee meets the additional criteria prescribed 24
under a regulation. 25
`(3) In deciding whether the proposed transferee is a suitable person to 26
be a transmission entity, the regulator may consider the matters mentioned 27
in section 189(3) as if the proposed transferee were applying for the issue 28
of the authority. 29
s 20 35 s 23
Electricity and Other Legislation Amendment
Bill 2003
`193C Notice of refusal to transfer transmission authority 1
`As soon as practicable after deciding to refuse to transfer the 2
transmission authority, the regulator must give the applicant a written 3
notice informing the applicant of the refusal, the reasons for the refusal and 4
the applicant's right of appeal.'. 5
20 Amendment of s 197 (Consideration of application for authority)
Clause 6
(1) Section 197(1), `entity'-- 7
omit. 8
(2) Section 197(5), before paragraph (a)-- 9
insert-- 10
`(aa) the objects of this Act; and'. 11
(3) Section 197(5)(aa) to (b)-- 12
renumber as section 197(5)(a) to (c). 13
21 Amendment of s 199 (Amendment of distribution authorities)
Clause 14
Section 199, after `agreement'-- 15
insert-- 16
`and after considering the objects of this Act'. 17
22 Amendment of s 200 (Amendment of conditions stated in
Clause 18
distribution authorities) 19
Section 200, after `agreement'-- 20
insert-- 21
`and after considering the objects of this Act'. 22
23 Replacement of s 201 (Distribution authorities not transferable)
Clause 23
Section 201-- 24
omit, insert-- 25
s 23 36 s 23
Electricity and Other Legislation Amendment
Bill 2003
`Division 3--Transfer of authority 1
`201 Transfer of distribution authorities 2
`The regulator may transfer a distribution authority. 3
`201A Application for transfer 4
`(1) An application for the transfer of a distribution authority must-- 5
(a) be made to the regulator in the form approved by the regulator; 6
and 7
(b) be accompanied by the fee prescribed under a regulation. 8
`(2) If asked in writing by the regulator, the applicant must give the 9
further relevant information or evidence the regulator requires to decide the 10
application. 11
201B Consideration of application for transfer 12
`(1) The regulator must consider the application having regard to the 13
objects of this Act and may transfer, or refuse to transfer, the distribution 14
authority. 15
`(2) However, the regulator may transfer the authority only if satisfied-- 16
(a) the proposed transferee will operate the supply network to which 17
the authority relates; and 18
(b) the proposed transferee is a suitable person to be a distribution 19
entity; and 20
(c) the proposed transferee meets the additional criteria prescribed 21
under a regulation. 22
`(3) In deciding whether the proposed transferee is a suitable person to 23
be a distribution entity, the regulator may consider the matters mentioned 24
in section 197(3) as if the proposed transferee were applying for the issue 25
of the authority. 26
s 24 37 s 27
Electricity and Other Legislation Amendment
Bill 2003
`201C Notice of refusal to transfer distribution authority 1
`As soon as practicable after deciding to refuse to transfer the 2
distribution authority, the regulator must 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
24 Amendment of s 205 (Consideration of application for authority)
Clause 6
(1) Section 205(6), before paragraph (a)-- 7
insert-- 8
`(aa) the objects of this Act; and'. 9
(2) Section 205(6)(aa) to (b)-- 10
renumber as section 205(6)(a) to (c). 11
25 Amendment of s 207 (Amendment of retail authorities)
Clause 12
Section 207, after `agreement'-- 13
insert-- 14
`and after considering the objects of this Act'. 15
26 Amendment of s 207A (Amendment of conditions stated in retail
Clause 16
authorities) 17
Section 207A, after `agreement'-- 18
insert-- 19
`and after considering the objects of this Act'. 20
27 Amendment of s 210 (Consideration of application for special
Clause 21
approval) 22
Section 210(2)-- 23
omit, insert-- 24
`(2) Sections 180(2) to (7), 189(2) to (6), 197(2) to (7) and 205(2) to (8), 25
to the extent the provisions are relevant to the proposed activities, apply to 26
s 28 38 s 31
Electricity and Other Legislation Amendment
Bill 2003
the giving of the approval as if the application were for the issue of a 1
relevant authority. 2
`(3) In this section-- 3
"proposed activities" means the activities proposed to be performed under 4
the special approval. 5
"relevant authority" means a generation, transmission, distribution or 6
retail authority the applicant would otherwise be required to hold to 7
perform the proposed activities.'. 8
28 Amendment of s 211A (Amendment of special approval)
Clause 9
Section 211A, after `agreement'-- 10
insert-- 11
`and after considering the objects of this Act'. 12
29 Amendment of s 211B (Amendment of conditions stated in special
Clause 13
approval) 14
Section 211B, after `agreement'-- 15
insert-- 16
`and after considering the objects of this Act'. 17
30 Amendment of s 211C (Amendment of special approval and
Clause 18
conditions by notice to holder of special approval) 19
Section 211C-- 20
insert-- 21
`(3) This section does not affect the power to amend under 22
sections 211A and 211B.'. 23
31 Replacement of s 212 (Special approvals not transferable)
Clause 24
Section 212-- 25
omit, insert-- 26
s 31 39 s 31
Electricity and Other Legislation Amendment
Bill 2003
`Division 3--Transfer of special approval 1
`212 Transfer of special approval 2
`The regulator may transfer a special approval. 3
`212A Application for transfer 4
`(1) An application for the transfer of a special approval must-- 5
(a) be made to the regulator in the form approved by the regulator; 6
and 7
(b) be accompanied by the fee prescribed under a regulation. 8
`(2) If asked in writing by the regulator, the applicant must give the 9
further relevant information or evidence the regulator requires to decide the 10
application. 11
`212B Consideration of application for transfer 12
`(1) The regulator must consider the application having regard to the 13
objects of this Act and may transfer, or refuse to transfer, the special 14
approval. 15
`(2) However, the regulator may transfer the special approval only if 16
satisfied the proposed transferee is a suitable person to hold the special 17
approval. 18
`(3) In deciding whether the proposed transferee is a suitable person to 19
hold the special approval, the regulator may consider the matters the 20
regulator considers appropriate. 21
`212C Notice of refusal to transfer special approval 22
`As soon as practicable after deciding to refuse to transfer the special 23
approval, the regulator must give the applicant a written notice informing 24
the applicant of the refusal, the reasons for the refusal and the applicant's 25
right of appeal.'. 26
s 32 40 s 32
Electricity and Other Legislation Amendment
Bill 2003
32 Insertion of new ch 14, pt 5
Clause 1
After chapter 14, part 4, first occurring-- 2
insert-- 3
`PART 5--TRANSITIONAL PROVISIONS FOR 4
ELECTRICITY AND OTHER LEGISLATION 5
AMENDMENT ACT 2003 6
`305 Existing on-supply agreements 7
`(1) This section applies to an on-supply agreement under the Electricity 8
Regulation 1994 that is in force immediately before the commencement of 9
this section. 10
`(2) From the commencement, the agreement is taken to be an on-supply 11
agreement under this Act. 12
`306 Particular existing agreements about common area consumption 13
`Chapter 1, part 6, division 1, subdivisions 4 and 6 do not apply to an 14
on-supply agreement made before 13 October 2000. 15
`307 Existing exemptions from Act 16
`(1) This section applies to an exemption from this Act given by the 17
Electricity Regulation 1994 and in force immediately before the 18
commencement of this section. 19
`(2) From the commencement, the exemption continues in force as if it 20
were given under the following section of this Act-- 21
(a) for an exemption for connection of generating plant not 22
supplying electricity to a transmission grid or supply 23
network--section 20P; 24
(b) for an exemption for Brisbane Airport Rail 25
Link--section 20Q(1); 26
(c) for an exemption for an on-supplier--section 20A.'. 27
s 33 41 s 34
Electricity and Other Legislation Amendment
Bill 2003
33 Insertion of new division headings
Clause 1
Immediately before a section mentioned in schedule 2, column 1, insert 2
the division heading set out opposite in schedule 2, column 2. 3
34 Replacement of sch 1 (Appeals against administrative decisions)
Clause 4
Schedule 1-- 5
omit, insert-- 6
`SCHEDULE 1 7
`APPEALS AGAINST ADMINISTRATIVE DECISIONS 8
sections 214(1), 216(1) and 219 9
``PART 1--DECISIONS ABOUT AUTHORITIES AND 10
SPECIAL APPROVALS 11
Section Description of decision Court
180(1) Refusal to issue generation authority Supreme
27(b)(vii) Stating conditions in generation Supreme
authority
184B(1) Refusal to transfer a generation Supreme
authority
189(1) Refusal to issue transmission Supreme
authority
31(a)(vi) Stating conditions in transmission Supreme
authority
193B(1) Refusal to transfer a transmission Supreme
authority
s 34 42 s 34
Electricity and Other Legislation Amendment
Bill 2003
Section Description of decision Court
197(1) Refusal to issue distribution Supreme
authority
201B(1) Refusal to transfer a distribution Supreme
authority
202 Refusal to agree to surrender of Supreme
distribution authority
42(a)(v) Stating conditions in distribution Supreme
authority
205(1) Refusal to issue retail authority Supreme
207C Refusal to agree to surrender of Supreme
retail authority
55D(g) Stating conditions in retail authority Supreme
210(1) Refusal to give special approval District
60(1)(a)(v) Stating conditions in special District
approval
212B(1) Refusal to transfer a special District
approval
`PART 2--OTHER DECISIONS 1
Section Description of decision Court
40 Decision by distribution entity that District
it does not have an obligation to
supply
49 Decision by retail entity that it does District
not have an obligation to supply
s 35 43 s 35
Electricity and Other Legislation Amendment
Bill 2003
Section Description of decision Court
64E(1) Working out of contribution or Magistrates
user-pays fee
130(2) Authorisation to take over Supreme
operation of electricity entity's
operating works
133(5) Decision that an electricity entity Supreme
has a prohibited interest that must
be disposed of
134 Disciplinary action taken against Supreme
electricity entity
138(3) Disconnection of supply if entry Magistrates
refused
141 Disconnection of supply to works Magistrates
or installation on safety grounds
152K(1)(c) Forfeiture of something Magistrates
154(1) Disconnection of supply for Magistrates
contravening electricity restriction
regulation or emergency rationing
order
154(2) or (3) Refusal to reconnect supply Magistrates
176(1) Requirement to remove works built Magistrates'.
in contravention of Act
35 Amendment of sch 5 (Dictionary)
Clause 1
(1) Schedule 5, definition "Country Energy"-- 2
omit. 3
(2) Schedule 5-- 4
insert-- 5
` "accounting period", for an on-supply agreement, see section 20. 6
s 36 44 s 37
Electricity and Other Legislation Amendment
Bill 2003
"common area", of an on-supplier's premises, see section 20. 1
"common area consumption", see section 20. 2
"Country Energy" means Country Energy established under the Energy 3
Services Corporations Act 1995 (NSW). 4
"first accounting period", for an on-supply agreement, see section 20. 5
"on-supplier" see section 20. 6
"on-supplier's premises" see section 20. 7
"on-supply agreement" see section 20. 8
"pricing entity" see section 90(3). 9
"prospective on-supplier" see section 20D(a). 10
"prospective receiver" see section 20D(b). 11
"receiver", see section 20.'. 12
(3) Schedule 5, definition "QETC", after `Corporation'-- 13
insert-- 14
`Limited ACN 078 849 233'. 15
PART 3--AMENDMENT OF INTEGRATED PLANNING 16
ACT 1997 17
36 Act amended in pt 3
Clause 18
This part amends the Integrated Planning Act 1997. 19
37 Amendment of s 3.7.8 (When pt 7 does not apply)
Clause 20
Section 3.7.8(1)(a) and (b), after `under that Act,'-- 21
insert-- 22
`or an authorised electricity entity,'. 23
s 38 45 s 41
Electricity and Other Legislation Amendment
Bill 2003
38 Amendment of sch 8 (Assessable, self-assessable and exempt
Clause 1
development) 2
(1) Schedule 8, part 1, item 4(c) and (d), after `under that Act,'-- 3
insert-- 4
`or an authorised electricity entity,'. 5
(2) Schedule 8, part 3, item 15(e) and (f), after `under that Act,'-- 6
insert-- 7
`or an authorised electricity entity,'. 8
39 Amendment of sch 10 (Dictionary)
Clause 9
Schedule 10-- 10
insert-- 11
` "authorised electricity entity" means an entity authorised, or taken to be 12
authorised, under the Electricity Act 1994, section 116(1), to acquire 13
land.'. 14
PART 4--AMENDMENT OF INTEGRATED PLANNING 15
AND OTHER LEGISLATION AMENDMENT ACT 2001 16
40 Act amended in pt 4
Clause 17
This part amends the Integrated Planning and Other Legislation 18
Amendment Act 2001. 19
41 Amendment of s 84 (Replacement of sch 8 (Assessable,
Clause 20
self-assessable and exempt development)) 21
(1) Section 84, in inserted schedule 8, part 1, item 3(c) and (d), after 22
`under that Act,'-- 23
insert-- 24
`or an authorised electricity entity,'. 25
s 41 46 s 41
Electricity and Other Legislation Amendment
Bill 2003
(2) Section 84, in inserted schedule 9, item 7(c) and (d), after `under that 1
Act,'-- 2
insert-- 3
`or an authorised electricity entity,'. 4
47
Electricity and Other Legislation Amendment
Bill 2003
SCHEDULE 1 1
MINOR AND CONSEQUENTIAL AMENDMENTS OF 2
ELECTRICITY ACT 1994 3
section 3 4
1 Section 257A-- 5
omit. 6
2 Chapter 14, part 4, second occurring-- 7
renumber as chapter 14, part 6. 8
3 Section 304, second occurring-- 9
renumber as section 308. 10
48
Electricity and Other Legislation Amendment
Bill 2003
SCHEDULE 2 1
NEW DIVISION HEADINGS FOR ELECTRICITY 2
ACT 1994 3
section 33 4
Column 1 Column 2
Section Division heading
178 Division 1--Issue of generation authority
182 Division 2--Amendment of generation authority
185 Division 4--Surrender of generation authority
186 Division 1--Issue of transmission authority
191 Division 2--Amendment of transmission authority
194 Division 4--Surrender of transmission authority
195 Division 1--Issue of distribution authority
199 Division 2--Amendment of distribution authority
202 Division 4--Surrender of distribution authority
203 Division 1--Issue of retail authority
207 Division 2--Amendment of retail authority
207B Division 3--Other matters about retail authorities
208 Division 1--Giving of special approval
211A Division 2--Amendment of special approval
213 Division 4--Surrender of special approval
© State of Queensland 2003
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