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Queensland
ELECTRICITY BILL 1994
Queensland
ELECTRICITY BILL 1994
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--INTRODUCTORY PROVISIONS
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--OBJECTS OF ACT
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--DEFINITIONS
4 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 4--SOME BASIC CONCEPTS OF ELECTRICITY
INDUSTRY OPERATIONS
5 Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
6 Transmission grid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 System control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 Supply network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 Network control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10 Network services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11 Ancillary services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
12 Works, substations and operating works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
13 Electrical installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Electrical article, electric line and meter . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15 Cathodic protection system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16 Electrical work and electrical installation work . . . . . . . . . . . . . . . . . . . . . . 21
17 Voltage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
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Electricity
PART 5--OPERATION OF ACT
18 Application of Act to government entities . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
19 Act subject to certain laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
20 Exemptions from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
CHAPTER 2--THE ELECTRICITY INDUSTRY
PART 1--ELECTRICITY INDUSTRY AND ENTITIES
21 Electricity industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
22 Electricity entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 2--CUSTOMERS AND CONTESTABLE CUSTOMERS
23 Customers and contestable customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
24 Customers authorised to take electricity from transmission grid or
supply network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 3--GENERATION ENTITIES AND THEIR
AUTHORITIES
25 Generation entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
26 Generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
27 Conditions of generation authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
28 Additional condition to comply with protocols, standards and codes . . . . . 26
PART 4--TRANSMISSION ENTITIES AND THEIR
AUTHORITIES
29 Transmission entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Transmission authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Conditions of transmission authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
32 Additional condition to allow connection to grid by complying persons . . 28
33 Additional condition not to engage in electricity trading . . . . . . . . . . . . . . . 29
34 Additional conditions about grid operation etc. . . . . . . . . . . . . . . . . . . . . . . . 29
35 Additional condition to provide network services . . . . . . . . . . . . . . . . . . . . . 29
36 Additional condition to comply with protocols, standards and codes . . . . . 30
PART 5--SUPPLY ENTITIES AND THEIR AUTHORITIES
37 Supply entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
38 Supply entity authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
39 Supply area of supply entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Supply of electricity in supply area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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Electricity
41 Supply of electricity outside supply area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
42 Conditions of supply entity authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Additional condition to allow connection to supply network by
complying persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 Additional condition to provide network services . . . . . . . . . . . . . . . . . . . . . 32
45 Additional condition to comply with protocols, standards and codes . . . . . 33
PART 6--AUTHORISED SUPPLIERS AND THEIR
AUTHORITIES
46 Authorised suppliers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
47 Authorised supplier authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
48 Supply area of authorised supplier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Supply of electricity in supply area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
50 Issue of authorised supplier authority does not relieve supply
entity of its obligation to supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
51 Supply of electricity outside supply area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
52 Conditions of authorised supplier authority . . . . . . . . . . . . . . . . . . . . . . . . . . 34
53 Additional condition to allow connection to supply network by
complying persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
54 Additional condition to provide network services . . . . . . . . . . . . . . . . . . . . . 36
55 Additional condition to comply with protocols, standards and codes . . . . . 36
PART 7--SPECIAL APPROVAL HOLDERS AND THEIR
APPROVALS
56 Purpose of special approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Special approval holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
58 Special approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
59 Authorisation given by special approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
60 Conditions of special approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
61 Additional condition to comply with protocols, standards and codes . . . . . 38
PART 8--REGULATOR
62 Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
63 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
64 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 9--ELECTRICITY OFFICERS
65 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
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66 Limitation of electricity officer's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Other limitation of electricity officer's powers . . . . . . . . . . . . . . . . . . . . . . . 40
68 Electricity officer's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . 40
69 Electricity officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
70 Production or display of electricity officer's identity card . . . . . . . . . . . . . . 41
PART 10--AUTHORISED PERSONS
71 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
72 Limitation of authorised person's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Authorised person's appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . 42
74 Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
75 Production or display of authorised person's identity card . . . . . . . . . . . . . . 43
PART 11--STATE ELECTRICITY ENTITIES
Division 1--Queensland Generation Corporation
76 QGC's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 2--Queensland Transmission and Supply Corporation
77 QTSC's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 3--Queensland Electricity Transmission Corporation
78 QETC's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 4--State authorised suppliers
79 State authorised suppliers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
80 Functions and powers of State authorised suppliers . . . . . . . . . . . . . . . . . . . 45
PART 12--ELECTRICAL WORKERS AND CONTRACTORS
BOARD
81 Electrical Workers and Contractors Board . . . . . . . . . . . . . . . . . . . . . . . . . . 46
CHAPTER 3--OBLIGATION TO SUPPLY
82 Obligation to supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
83 Electricity must be supplied on nondiscriminatory terms . . . . . . . . . . . . . . . 46
84 Limitations on obligation to supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
85 Obligation to supply subject to authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
86 Disconnection of supply for failure to pay debts . . . . . . . . . . . . . . . . . . . . . . 48
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CHAPTER 4--ELECTRICITY INDUSTRY OPERATIONS
PART 1--RESTRICTION ON CERTAIN ACTIVITIES BY
UNAUTHORISED PERSONS
87 Connection of generating plant to transmission grid or supply
network only if authorised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
88 Prohibition on operating transmission grid unless authorised . . . . . . . . . . . . 49
89 Restriction on supply of electricity within supply area . . . . . . . . . . . . . . . . 49
PART 2--MARKET, SETTLEMENTS, SYSTEM CONTROL
AND PRICING
90 Trading arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
91 Settlement process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
92 System control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
93 Powers (including reserve powers) about electricity pricing3 . . . . . . . . . . . 51
94 Network services pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
95 Discrimination between customers lessening competition prohibited . . . . . 52
PART 3--LIMITATION OF LIABILITY OF ELECTRICITY
ENTITIES
96 Limitation of liability of transmission entity for failure to provide
network services or electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
97 Limitation of liability of supply entity or authorised supplier for
failure to provide network services or supply electricity . . . . . . . . . . . . . . . 53
PART 4--WORKS
Division 1--Works generally
98 Electricity entity entitled to access to its works . . . . . . . . . . . . . . . . . . . . . . 53
99 Person to give notice of work affecting electricity entity's works . . . . . . . . 53
Division 2--Works on public places, other than railway land and
protected areas
100 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
101 Electricity entity may take action in publicly controlled places to
provide electricity etc.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
102 Works on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
103 Electricity entity to consult with road authority before replacing works . . . 55
104 Regulation may declare restricted road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
105 Electricity entity to comply with road authority's agreement etc. . . . . . . . . 56
106 Public entity may require electricity entity to alter position of works . . . . 56
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Electricity
Division 3--Works on railway land
107 Agreement for works of electricity entities affecting railways . . . . . . . . . . 57
108 Removal of works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
109 Works impairing railway signalling or communication lines . . . . . . . . . . . . 57
110 Building by railway operator of signalling or communication line
likely to be affected by electricity entity's works etc. . . . . . . . . . . . . . . . . . 58
Division 4--Works on protected areas
111 Building of works on protected areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 5--Other matters about an electricity entity's works
112 Future owner or occupier of place taken to have consented to
building of works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
113 Works remain property of electricity entity . . . . . . . . . . . . . . . . . . . . . . . . . . 59
114 Compensation payable by electricity entity for damage etc. . . . . . . . . . . . . 59
PART 5--ENTRY ONTO AND ACQUISITION OF LAND
Division 1--Entry onto land
115 Authority to enter onto land for proposed works etc. . . . . . . . . . . . . . . . . . . . 60
Division 2--Acquisition of land
116 Authority to acquire land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
PART 6--MISCELLANEOUS
117 Resolution of certain disputes between electricity entities or
between electricity entities and public entities . . . . . . . . . . . . . . . . . . . . . . 62
118 Supplier may recover amount for electricity supplied to person
occupying premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
CHAPTER 5--INDUSTRY REGULATION
PART 1--REGULATOR
119 Regulator's role in disputes between electricity entity and
customers or occupiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
120 Regulator's power to require information from electricity entities . . . . . . . 64
PART 2--RESTRICTIONS AND RATIONING
Division 1--Electricity restriction regulations
121 Purpose of electricity restriction regulations . . . . . . . . . . . . . . . . . . . . . . . . . 64
122 Electricity restriction regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
123 Expiry of electricity restriction regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
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Division 2--Emergency rationing orders
124 Making of emergency rationing orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
125 Making of emergency rationing orders other than by Gazette notice . . . . . 66
126 What order may provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
127 Advertisement of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
128 Period of operation of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
129 Emergency rationing order prevails over existing agreements with
customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 3--ACTION BY REGULATOR TO ENSURE SUPPLY OF
ELECTRICITY BY ELECTRICITY ENTITIES
130 Governor in Council may direct Regulator to take over operation
of operating works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
131 Effect of Regulator taking over operation of operating works . . . . . . . . . . . 68
PART 4--DISCIPLINARY ACTION AGAINST ELECTRICITY
ENTITIES
132 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
133 Types of disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
134 Procedure for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
135 Penalty recoverable as debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
CHAPTER 6--ELECTRICITY OFFICERS' POWERS
PART 1--OPERATIONAL POWERS
136 Entry to repair etc. works or electrical installations . . . . . . . . . . . . . . . . . . . 72
137 Entry to read meters etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
138 Disconnection of supply if entry refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
139 Entry to disconnect supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
140 Entry to place to prevent electrical hazard or protect electricity
entity's works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
PART 2--SAFETY POWERS
141 Entry to make works or electrical installations safe . . . . . . . . . . . . . . . . . . . 74
PART 3--EXERCISE OF POWERS BY ELECTRICITY
OFFICERS
142 Electricity officer to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . 74
143 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
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CHAPTER 7--AUTHORISED PERSONS' POWERS
PART 1--GENERAL POWERS TO INVESTIGATE OFFENCES
144 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
145 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
146 Warrants for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
147 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . . 78
148 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
149 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
150 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
151 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
152 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
PART 2--OTHER INVESTIGATIVE POWERS
Division 1--Electricity restriction regulations and emergency
rationing orders
153 Entry to places to investigate compliance with emergency
rationing orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
154 Disconnection for contravening regulation or order . . . . . . . . . . . . . . . . . . . 83
Division 2--Safety issues
155 Entry to places to investigate accidents involving electricity etc. . . . . . . . 83
156 Entry to place to make electrical installation or works safe etc. . . . . . . . . . 84
157 Entry to places to check safety of works . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
158 Entry to workplaces to check electrical work etc. . . . . . . . . . . . . . . . . . . . . 85
159 Entry to business places to check safety of electrical articles . . . . . . . . . . 85
Division 3--Cathodic protection systems
160 Entry to examine or inspect cathodic protection system etc. . . . . . . . . . . . . 86
Division 4--Other powers of authorised persons
161 Direction not to sell or hire unsafe electrical articles . . . . . . . . . . . . . . . . . 87
162 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
163 Power to require production of certain documents . . . . . . . . . . . . . . . . . . . . 88
Division 5--Other enforcement matters
164 Notice of damage by authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
165 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
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CHAPTER 8--SAFETY AND TECHNICAL ISSUES
166 Connection to transmission grid or supply network to comply with
conditions for connection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
167 Occupier to give notice of electrical accident . . . . . . . . . . . . . . . . . . . . . . . 90
168 Licensed electrical contractor to give notice of electrical accident . . . . . . 91
169 Special approval holders to give notice of electrical accident . . . . . . . . . . 91
170 Electricity entity to advise Regulator immediately of accident . . . . . . . . . 92
171 Electricity entity to ensure accident investigated and reported to
Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
172 Misrepresentations about electrical articles or work . . . . . . . . . . . . . . . . . . 92
173 Works and electrical installations not to be unsafe . . . . . . . . . . . . . . . . . . . 93
174 Examination, inspection and testing of certain electrical
installation work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
175 Safety standards for works and electrical installations to be
complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
176 Removing anything built contrary to Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
177 Making unsafe things safe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
CHAPTER 9--AUTHORITIES AND APPROVALS
PART 1--GENERATION AUTHORITIES
178 Issue of generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
179 Application for generation authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
180 Consideration of application for generation authority . . . . . . . . . . . . . . . . . . 96
181 Notice of refusal to issue generation authority . . . . . . . . . . . . . . . . . . . . . . . 97
182 Amendment of generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
183 Amendment of conditions stated in generation authorities . . . . . . . . . . . . . 98
184 Generation authorities not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
185 Surrender of generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
PART 2--TRANSMISSION AUTHORITIES
186 Issue of transmission authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
187 Transmission authorities for same area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
188 Application for transmission authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
189 Consideration of application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
190 Notice of refusal to issue transmission authority . . . . . . . . . . . . . . . . . . . . . 101
191 Amendment of transmission authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
10
Electricity
192 Amendment of conditions stated in transmission authorities . . . . . . . . . . . 101
193 Transmission authorities not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
194 Surrender of transmission authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
PART 3--SUPPLY ENTITY AUTHORITIES
195 Issue of supply entity authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
196 Application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
197 Consideration of application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . 102
198 Notice of refusal to issue authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
199 Amendment of supply entity authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
200 Amendment of conditions stated in supply entity authorities . . . . . . . . . . 104
201 Supply entity authorities not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . 104
202 Surrender of supply entity authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
PART 4--AUTHORISED SUPPLIER AUTHORITIES
203 Issue of authorised supplier authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
204 Matters to be considered before issuing authorised supplier authority . . . 105
205 Conditions of authorised supplier authority . . . . . . . . . . . . . . . . . . . . . . . . . 105
206 Cancellation or amendment of authorised supplier authority . . . . . . . . . . . 105
207 Surrender of authorised supplier authorities . . . . . . . . . . . . . . . . . . . . . . . . . 106
PART 5--SPECIAL APPROVALS
208 Giving of special approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
209 Application for special approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
210 Consideration of application for special approval . . . . . . . . . . . . . . . . . . . . 107
211 Notice of refusal to give special approval . . . . . . . . . . . . . . . . . . . . . . . . . . 107
212 Special approvals not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
213 Surrender of special approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
CHAPTER 10--REVIEW OF AND APPEALS AGAINST
DECISIONS
PART 1--REVIEW OF DECISIONS
214 Who may apply for review etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
215 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
216 Stay of operation of decision etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
217 Review panels, arbitration and mediation . . . . . . . . . . . . . . . . . . . . . . . . . . 109
11
Electricity
218 Decision on reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
PART 2--APPEALS
219 Who may make an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
220 Making appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
221 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
222 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
223 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
224 Effect of court's decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
225 Procedure of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
226 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
CHAPTER 11--GENERAL
PART 1--OFFENCES
227 Unlawful to convey electricity etc. beyond own property . . . . . . . . . . . . . 114
228 Unlawfully in or on premises where works situated . . . . . . . . . . . . . . . . . . 114
229 Potential damage to electric lines by projectiles . . . . . . . . . . . . . . . . . . . . 114
230 Unlawful interference with electricity entity's works . . . . . . . . . . . . . . . . . 115
231 Unlawful connection to transmission grid or supply network . . . . . . . . . . . 115
232 Unlawful interference with supply of electricity to customer . . . . . . . . . . 115
233 Offence to contravene emergency rationing order . . . . . . . . . . . . . . . . . . . 115
234 Climbing poles etc. of electricity entity prohibited . . . . . . . . . . . . . . . . . . 115
235 Unlawful taking of electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
236 Obstruction of electricity officers and authorised persons . . . . . . . . . . . . . 116
237 Impersonation of electricity officers and authorised persons . . . . . . . . . . . 116
238 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
239 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 117
240 Impersonation of person named in document . . . . . . . . . . . . . . . . . . . . . . . 117
241 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
242 Proof of unlawfulness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
243 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
244 Start of offence proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
PART 2--EVIDENTIARY PROVISIONS
245 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
12
Electricity
246 Proof of appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
247 Proof of signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
248 Evidentiary certificates by Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
249 Evidentiary certificate by electricity entity's chief executive
officer etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
250 Evidentiary certificate by member etc. of Electrical Workers and
Contractors Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
251 Proof of taking of electricity etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
PART 3--MISCELLANEOUS
252 Condition may require compliance with standards, codes etc. . . . . . . . . . 121
253 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
254 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
CHAPTER 12--STATE ELECTRICITY ENTITIES
PART 1--GENERAL
255 State electricity entities do not represent the State . . . . . . . . . . . . . . . . . . 123
256 Application of Freedom of Information Act and Judicial Review Act . . . 123
257 State electricity entities are constructing authorities . . . . . . . . . . . . . . . . . 124
258 Fixing of prices by State electricity entities . . . . . . . . . . . . . . . . . . . . . . . . 124
259 Regulations about generating capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
PART 2--SUPERANNUATION
260 State electricity entities to take part in industry superannuation
scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
261 Declaration of approved industry superannuation scheme . . . . . . . . . . . . . 124
262 Membership of certain superannuation schemes continued . . . . . . . . . . . . 125
CHAPTER 13--REGULATIONS
263 General regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
264 Regulations about matters in Sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
265 Cathodic protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
266 Energy labelling and performance standards . . . . . . . . . . . . . . . . . . . . . . . . 126
267 Electrical articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
268 Regulations about electrical workers and contractors . . . . . . . . . . . . . . . . 127
CHAPTER 14--TRANSITIONAL
269 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
13
Electricity
270 QGC to be issued generation authority etc. . . . . . . . . . . . . . . . . . . . . . . . . . 129
271 QETC to be issued transmission authority etc. . . . . . . . . . . . . . . . . . . . . . . 129
272 QTSC to be issued supply entity authority etc. . . . . . . . . . . . . . . . . . . . . . . 130
273 State authorised suppliers to be issued authorised supplier
authority etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
274 Continuation of tariff schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
275 Installation inspectors are electricity officers . . . . . . . . . . . . . . . . . . . . . . . 130
276 Transfer of officers to the department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
277 Transfer of assets and liabilities to the department . . . . . . . . . . . . . . . . . . 131
278 Regulations about certificates of employees' entitlements . . . . . . . . . . . . 132
279 Continuation of QESIESS until approval of industry
superannuation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
280 First declaration of approved superannuation scheme . . . . . . . . . . . . . . . . 133
281 Effect of approval of industry superannuation scheme . . . . . . . . . . . . . . . . 133
282 Continuation of rationing orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
283 Continuation of restriction orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
284 Certain New South Wales Councils are authorised suppliers . . . . . . . . . . 135
285 Licences under s 138 of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
286 References to electricity boards, electricity authorities and
electricity supply industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
287 Gladstone power station provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
288 Supply under special agreements under s 172 of repealed Act . . . . . . . . . 138
289 Existing regulations and orders in council . . . . . . . . . . . . . . . . . . . . . . . . . . 138
290 Local government approval of subdivision to effect corporatisation . . . . . 138
291 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
CHAPTER 15--REPEALS AND AMENDMENTS
292 Repeals--Sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
293 Amendments--Sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 140
APPEALS AGAINST ADMINISTRATIVE DECISIONS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 143
SUBJECT MATTER FOR REGULATIONS
1 Conditions of supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
14
Electricity
2 Requirements and standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
3 Generation, transmission and supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
4 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 147
ACTS REPEALED
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . 148
ACTS AMENDED
BUILDING ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
ELECTRICITY SUPERANNUATION RESTORATION ACT 1990 . . . . . 148
ELECTRICITY SUPPLY INDUSTRY EMPLOYEES'
SUPERANNUATION RESTORATION ACT 1985 . . . . . . . . . . . . . . . . . . 150
FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 151
GLADSTONE POWER STATION AGREEMENT ACT 1993 . . . . . . . . . 151
GOVERNMENT OWNED CORPORATIONS ACT 1993 . . . . . . . . . . . . . 152
JUDICIAL REVIEW ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . 155
SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . 156
DICTIONARY
1994
A BILL
FOR
An Act about the electricity industry and use of electricity, and for
related purposes
s1 16 s3
Electricity
The Parliament of Queensland enacts-- 1
HAPTER 1--PRELIMINARY 2
C
PART 1--INTRODUCTORY PROVISIONS 3
title 4
Short
1. This Act may be cited as the Electricity Act 1994. 5
6
Commencement
2.(1) This Act commences on a day to be fixed by proclamation. 7
(2) However, section 287 (Gladstone power station provisions) 8
commences on assent. 9
ART 2--OBJECTS OF ACT 10
P
of Act 11
Objects
3. The objects of this Act are to-- 12
(a) set a framework for all electricity industry participants that 13
promotes efficient, economical and environmentally sound 14
electricity supply and use; and 15
(b) regulate the electricity industry and electricity use; and 16
(c) promote electricity safety. 17
s4 17 s7
Electricity
PART 3--DEFINITIONS 1
dictionary 2
Definitions--the
4. The dictionary in Schedule 5 defines particular words used in this 3
Act.1 4
PART 4--SOME BASIC CONCEPTS OF 5
ELECTRICITY INDUSTRY OPERATIONS 6
lectricity 7
E
5. "Electricity" includes electric current, electrical energy and like or 8
related physical qualities. 9
grid 10
Transmission
6.(1) A "transmission grid" is a system, or part of a system, of electric 11
lines, substations and associated equipment providing connection between 12
generation facilities and supply networks or customers not supplied through 13
supply networks. 14
(2) A transmission grid includes connections to other transmission grids. 15
control 16
System
7. For a system ("power system") consisting of a transmission grid or 17
grids and connected generators and supply networks and electrical 18
installations, "system control" is-- 19
(a) scheduling and directing the output of the generators and other 20
sources of supply connected to the power system; or 21
(b) coordinating maintenance programs and schedules for generating 22
1 In some Acts, definitions are contained in a dictionary that appears as the last
Schedule and forms part of the Act--Acts Interpretation Act 1954 section 14.
s8 18 s9
Electricity
and transmission plant; or 1
(c) ensuring the integrity of the power system; or 2
(d) controlling switching of transmission elements and access to 3
them for maintenance, inspection and testing; or 4
(e) controlling the switching of parts of supply networks relevant to 5
the integrity of the power system; or 6
(f) coordinating arrangements, and issuing directions, for the 7
reduction of demand by supply entities or authorised suppliers in 8
emergencies when available electricity is limited; or 9
(g) scheduling and directing the provision of ancillary services. 10
network 11
Supply
8. A "supply network" is a system, or part of a system, of electric 12
lines, substations and associated equipment, other than a transmission grid, 13
for distributing electricity to customers, whether or not generating plant is 14
connected to it. 15
control 16
Network
9. For a supply network, "network control" is-- 17
(a) coordinating the operation of the supply network and any 18
generators connected to it; or 19
(b) coordinating maintenance programs and schedules for generating 20
plant and elements of the supply network; or 21
(c) ensuring the integrity of the supply network; or 22
(d) controlling switching of elements of the supply network and 23
access to them, including disconnection of load, for maintenance, 24
inspection and testing; or 25
(e) issuing directions for, and implementing reductions in, demand 26
of customers supplied by the supply network in emergencies 27
when available electricity is limited; or 28
(f) scheduling and controlling the switching of controllable load. 29
s 10 19 s 12
Electricity
services 1
Network
10. "Network services" are services for electricity transfer provided by 2
transmission entities, supply entities and authorised suppliers to persons 3
connected to a transmission grid or supply network. 4
5
Examples of network services--
6
1. Providing electricity transfer capacity.
7
2. Controlling and regulating the characteristics of electricity being transferred.
8
3. Providing facilities to connect works of generation entities, transmission
9
entities, supply entities or authorised suppliers, or electrical installations of
10
customers, to a transmission grid or supply network.
services 11
Ancillary
11. "Ancillary services" are services provided by electricity entities or 12
customers through the operation of their works or installations in ways that 13
are not directly related to the generation and supply of electricity, but are to 14
ensure the stable and secure operation of an electricity system, and its 15
recovery from emergency situations. 16
17
Examples of ancillary services--
18
1. Providing reserve to the system, including through interruptibility of load.
19
2. Operating generating and other plant to ensure the stable and secure operation
20
of the system.
21
3. Maintaining an ability to restore supply to the system after total failure of
22
supply.
substations and operating works 23
Works,
12.(1) "Works" are anything used for, or in association with, the 24
generation, transmission or supply of electricity. 25
26
Example of works--
27
Electric lines and apparatus, electrical articles, buildings, control cables, engines,
28
fittings, lamps, machinery, meters, substations and transformers if they are used for,
29
or in association with, the generation, transmission or supply of, electricity.
(2) A "substation" is works used for converting, transforming or 30
controlling electricity. 31
s 13 20 s 14
Electricity
(3) "Operating works" are-- 1
(a) for a generation entity--the generating plant, fuel stocks, electrical 2
and other property used for generating electricity or connecting 3
supply to a transmission grid or supply network; or 4
(b) for a transmission entity--the transmission grid and other 5
property used for operating or managing the transmission grid; or 6
(c) for a supply entity or authorised supplier--the supply network 7
and other property used for operating or managing the supply 8
network. 9
10
Example of other property used for generating electricity--
11
Coal handling facilities for a coal-fired power station and the land where they are
12
situated.
installation 13
Electrical
13.(1) An "electrical installation" is an electric line or electrical article 14
installed in a place that is used for conveying, controlling or using 15
electricity. 16
(2) An electrical installation includes an addition or other alteration to the 17
electric line or electrical article. 18
(3) However, an electrical installation does not include works used for 19
generating, transmitting or supplying electricity. 20
article, electric line and meter 21
Electrical
14.(1) An "electrical article" includes an apparatus, appliance, article, 22
cable, fitting, insulator, material, meter or wire-- 23
(a) used for generating, transmitting or supplying electricity; or 24
(b) operated by electricity. 25
(2) An "electric line" is a wire, conductor or associated equipment used 26
for transmitting, transforming or supplying electricity. 27
28
Examples of electric line--
29
1. A bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole,
30
tower or tube enclosing, surrounding or supporting an electric line.
s 15 21 s 16
Electricity
1
2. Apparatus connected to an electric line and used for transmitting, transforming
2
or supplying electricity.
(3) A "meter" is a device used for measuring electricity, and includes 3
any associated equipment. 4
protection system 5
Cathodic
15. A "cathodic protection system" is a system by which a structure in 6
contact with ground or water is protected from electrolytic corrosion by a 7
direct electric current flowing between the structure and an anode through 8
the ground or water. 9
work and electrical installation work 10
Electrical
16.(1) "Electrical work" is the work of installing or repairing an electric 11
line or electrical article used for generating, transmitting, supplying or using 12
electricity. 13
(2) However, the following work is not electrical work-- 14
(a) manufacturing, assembling or repairing electrical articles at an 15
industrial workplace if the principal manufacturing process 16
carried on at the workplace is the making, assembling, altering, 17
repairing or adapting of electrical articles; 18
(b) building for an electricity entity, and under its supervision, an 19
overhead electric line on supports that do not already carry an 20
overhead line connected to an electricity source; 21
(c) building or repairing ducts, conduits or troughs ("channels") 22
where electrical wiring will be or is installed, if-- 23
(i) the channels are not used as an earthing medium or are not 24
to be earthed; or 25
(ii) the wiring installed in the channels is not connected to 26
supply and the work is done under the direct supervision of 27
an electrical worker licensed to perform electrical installation 28
work; 29
(d) laying, cutting and sealing underground cables that are part of an 30
electricity entity's works before initial connection to an electricity 31
s 17 22 s 17
Electricity
source; 1
(e) recovering underground cables that are part of an electricity 2
entity's works after disconnection from an electricity source; 3
(f) altering, repairing, maintaining or recovering an overhead electric 4
line that is part of an electricity entity's works, if the work is 5
performed under the entity's supervision and-- 6
(i) if the line is not on supports supporting another electric 7
line--the line has been isolated from electricity sources in a 8
way that closure of a switch cannot energise the section of 9
the line where work is being done; or 10
(ii) if the line is on supports supporting another electric 11
line--both lines have been isolated from electricity sources 12
in a way that closure of a switch cannot energise the section 13
of the line where work is being done or an adjacent section 14
of the other line; 15
(g) other work prescribed under the regulations. 16
(3) For licensing electrical contractors, "electrical work" includes minor 17
building work, and building services work, incidental to electrical work. 18
(4) "Electrical installation work" is the work of installing, altering or 19
adding to an electrical installation, and includes supervising the work. 20
21
Voltage
17.(1) "Voltage" is the difference in electrical potential measured in 22
volts. 23
(2) For alternating current systems, "voltage" is taken to be the root 24
mean square (RMS) value of the difference. 25
(3) Unless otherwise provided, "voltage" is the nominal voltage between 26
phases of a symmetrical 3 phase system. 27
(4) For electricity supplied from a single wire earth return system 28
originating from a symmetrical 3 phase system, "voltage" is the nominal 29
voltage between phase and earth. 30
s 18 23 s 20
Electricity
PART 5--OPERATION OF ACT 1
of Act to government entities 2
Application
18.(1) In this section-- 3
"government entity" includes-- 4
(a) the State, the Commonwealth or another State; or 5
(b) an instrumentality or agent of the State, the Commonwealth or 6
another State. 7
(2) This Act binds a government entity only-- 8
(a) to the extent that the entity is, or has a financial interest in, an 9
electricity entity; or 10
(b) to the extent that the entity is a customer; or 11
(c) in relation to electrical safety; or 12
(d) in relation to electricity restriction and rationing; or 13
(e) in relation to section 287 (Gladstone power station provisions). 14
(3) This Act does not apply to the building or use of electrical 15
installations and other works used by Queensland Railways, as part of a 16
system of electric traction or for signalling purposes, on a railway. 17
subject to certain laws 18
Act
19.(1) This Act is subject to the Gladstone Power Station Agreement Act 19
1993. 20
(2) This Act is also subject to section 56 of the Wet Tropics World 21
Heritage Protection and Management Act 1993.2 22
from Act 23
Exemptions
20.(1) A regulation may exempt a person or thing from this Act or a 24
2 This section prohibits certain acts (for example, destruction of forest products)
without an appropriate authority.
s 21 24 s 22
Electricity
provision of this Act. 1
(2) The exemption may be given on conditions. 2
(3) A person must not contravene a condition of an exemption applying 3
to the person. 4
Maximum penalty--50 penalty units. 5
(4) A regulation may provide that an exemption ceases or continues if a 6
condition of the exemption is contravened. 7
CHAPTER 2--THE ELECTRICITY INDUSTRY 8
ART 1--ELECTRICITY INDUSTRY AND ENTITIES 9
P
industry 10
Electricity
21. The "electricity industry" is the industry involved in generating, 11
transmitting and supplying electricity in the State. 12
entities 13
Electricity
22.(1) An "electricity entity" is an entity that is a participant in the 14
electricity industry. 15
(2) The following entities are the participants in the electricity industry-- 16
· generation entities 17
· transmission entities 18
· supply entities 19
· authorised suppliers. 20
s 23(1) 25 s 26
Electricity
ART 2--CUSTOMERS AND CONTESTABLE 1
P
CUSTOMERS 2
and contestable customers 3
Customers
23(1). A "customer" is a person who receives, or wants to receive, a 4
supply of electricity from an electricity entity or special approval holder. 5
(2) A "contestable customer" is a customer declared to be a contestable 6
customer under the regulations. 7
authorised to take electricity from transmission grid or 8
Customers
supply network 9
24. If an electricity entity may provide electricity from a transmission 10
grid or supply network to a customer, the customer is taken to be authorised 11
to take electricity from the grid or network. 12
ART 3--GENERATION ENTITIES AND THEIR 13
P
AUTHORITIES 14
entities 15
Generation
25. A "generation entity" is a person who holds a generation authority. 16
authorities 17
Generation
26.(1) A "generation authority" authorises its holder to connect the 18
generating plant stated in the authority to the transmission grid or supply 19
network stated in the authority. 20
(2) However, a generation authority does not relieve its holder or anyone 21
else from complying with laws applying to the development, building, 22
operation or maintenance of generating plant. 23
s 27 26 s 28
Electricity
of generation authority 1
Conditions
27. A generation authority is subject to the following conditions-- 2
(a) the generation entity must provide electricity of a quality suitable 3
for the transmission grid or supply network stated in the 4
authority; 5
(b) the generation entity must comply with-- 6
(i) the technical conditions of connection to a transmission grid 7
or supply network stated in the authority or prescribed under 8
the regulations; and 9
(ii) system control directions given to it under this Act that are 10
not inconsistent with the authority; and 11
(iii) conditions imposed under the regulations; and 12
(iv) the condition stated in section 28 (Additional condition to 13
comply with protocols, standards and codes); and 14
(v) conditions stated in the authority; 15
(c) the generation entity must properly take into account the 16
environmental effects of its activities under the authority; 17
(d) the generation entity must pay the amounts required under the 18
authority or the regulations for administering the authority and its 19
conditions. 20
condition to comply with protocols, standards and codes 21
Additional
28. It is also a condition of a generation authority that the generation 22
entity must comply with all protocols, standards and codes applying to the 23
entity under the regulations. 24
s 29 27 s 31
Electricity
ART 4--TRANSMISSION ENTITIES AND THEIR 1
P
AUTHORITIES 2
entities 3
Transmission
29. A "transmission entity" is a person who holds a transmission 4
authority. 5
authorities 6
Transmission
30.(1) A "transmission authority" authorises its holder-- 7
(a) to operate the transmission grid stated in the authority; and 8
(b) if stated in the authority--to connect the transmission grid to 9
another transmission grid stated in the authority. 10
(2) However, a transmission authority does not relieve its holder or 11
anyone else from complying with laws applying to the development, 12
building, operation or maintenance of a transmission grid. 13
of transmission authority 14
Conditions
31. A transmission authority is subject to the following conditions-- 15
(a) the transmission entity must comply with-- 16
(i) the technical conditions of operating the transmission grid 17
stated in the authority or prescribed under the regulations; 18
and 19
(ii) system control directions given to it under this Act that are 20
not inconsistent with the authority; and 21
(iii) the conditions stated in the following sections-- 22
· section 32 (Additional condition to allow connection to 23
grid by complying persons) 24
· section 33 (Additional condition not to engage in 25
electricity trading) 26
· section 34 (Additional conditions about grid operation 27
etc.) 28
s 32 28 s 32
Electricity
· section 35 (Additional condition to provide network 1
services) 2
· section 36 (Additional condition to comply with 3
protocols, standards and codes); and 4
(iv) conditions imposed under the regulations; and 5
(v) conditions stated in the authority; 6
(b) the transmission entity must properly take into account the 7
environmental effects of its activities under the authority; 8
(c) the transmission entity must pay the amounts required under the 9
authority or the regulations for administering the authority and its 10
conditions. 11
condition to allow connection to grid by complying persons 12
Additional
32.(1) It is also a condition of a transmission authority that the 13
transmission entity must allow, as far as technically and economically 14
practicable, a person to connect supply to a transmission grid stated in the 15
authority, or take electricity from the grid, on nondiscriminatory terms if the 16
conditions stated in subsection (2) are satisfied. 17
(2) The conditions to be satisfied are as follows-- 18
(a) the person must be authorised under this Act to connect supply or 19
take electricity from the transmission grid; 20
(b) the grid must be capable of being used safely to connect supply or 21
take electricity as proposed by the person; 22
(c) the person must have complied with all provisions of the 23
regulations relevant to connecting supply to, or taking electricity 24
from, the grid; 25
(d) the person must pay the reasonable cost of connection to the grid. 26
(3) In deciding whether the condition mentioned in subsection (2)(b) is 27
satisfied, all relevant matters must be considered, including, for example-- 28
(a) the transmission entity's current obligations; and 29
(b) the current obligations of other persons connected directly or 30
s 33 29 s 35
Electricity
indirectly to the transmission grid; and 1
(c) the grid's capacity. 2
condition not to engage in electricity trading 3
Additional
33.(1) It is also a condition of a transmission authority that the 4
transmission entity must not trade in electricity. 5
(2) Subsection (1) does not apply to generating, buying or selling 6
electricity necessary to operate the transmission entity's transmission grid. 7
conditions about grid operation etc. 8
Additional
34.(1) In addition, a transmission authority is subject to the following 9
conditions-- 10
(a) the transmission entity must operate, maintain (including repair 11
and replace if necessary) and protect its transmission grid to 12
ensure the adequate, economic, reliable and safe transmission of 13
electricity; 14
(b) the transmission entity must operate the grid in coordination with 15
transmission grids to which it is connected directly or indirectly. 16
(2) Unless otherwise provided in its authority, it is also a condition of the 17
transmission authority that the transmission entity must ensure, as far as 18
technically and economically practicable, that the transmission grid is 19
operated with enough capacity (and, if necessary, augmented or extended to 20
provide enough capacity) to provide network services to persons authorised 21
to connect to the grid or take electricity from the grid. 22
condition to provide network services 23
Additional
35. It is also a condition of a transmission authority that the transmission 24
entity must provide, as far as technically and economically practicable, 25
network services, on nondiscriminatory terms, for persons authorised to 26
connect supply of electricity to the transmission grid or take electricity from 27
the grid. 28
s 36 30 s 41
Electricity
condition to comply with protocols, standards and codes 1
Additional
36. It is also a condition of a transmission authority that the transmission 2
entity must comply with all protocols, standards and codes applying to the 3
entity under the regulations. 4
ART 5--SUPPLY ENTITIES AND THEIR 5
P
AUTHORITIES 6
entities 7
Supply
37. A "supply entity" is a person who holds a supply entity authority. 8
entity authorities 9
Supply
38. A "supply entity authority" authorises its holder to supply 10
electricity in its supply area. 11
area of supply entity 12
Supply
39. A supply entity's "supply area" is the area stated in its authority as 13
its supply area or, if no area is stated, the whole of the State. 14
of electricity in supply area 15
Supply
40.(1) A supply entity has an obligation to supply for its supply area. 16
(2) The obligation to supply is dealt with in Chapter 3. 17
of electricity outside supply area 18
Supply
41.(1) A supply entity may supply electricity to a customer in an area 19
outside its supply area (the "proposed area") if-- 20
(a) the customer is a contestable customer; or 21
(b) the proposed area is not in another electricity entity's supply area; 22
or 23
s 42 31 s 42
Electricity
(c) the proposed area is in another electricity entity's supply area, but 1
the other electricity entity agrees to the supply. 2
(2) However, the supply entity may supply electricity to the customer 3
only if the supply is not likely to impair its capacity to fulfil its obligation to 4
supply in its own supply area. 5
(3) If the proposed area is in an authorised supplier's supply area, the 6
agreement mentioned in subsection (1)(c) must be with the authorised 7
supplier and not its supply entity. 8
of supply entity authority 9
Conditions
42. A supply entity authority is subject to the following conditions-- 10
(a) the supply entity must comply with-- 11
(i) system control directions given to it under this Act that are 12
not inconsistent with the authority; and 13
(ii) the additional conditions stated in the following sections-- 14
· section 43 (Additional condition to allow connection to 15
supply network by complying persons) 16
· section 44 (Additional condition to provide network 17
services) 18
· section 45 (Additional condition to comply with 19
protocols, standards and codes); and 20
(iii) conditions imposed under the regulations; and 21
(iv) conditions stated in the authority; 22
(b) if the entity has a supply network--the entity must operate, 23
maintain (including repair and replace as necessary) and protect 24
its supply network to ensure the adequate, economic, reliable and 25
safe supply of electricity to its customers; 26
(c) the entity must properly take into account the environmental 27
effects of its activities; 28
(d) the entity must consider both demand side and supply side 29
options to provide, as far as technically and economically 30
practicable, for the efficient delivery and use of electrical energy; 31
s 43 32 s 44
Electricity
(e) the entity must pay the amounts required under the authority or 1
regulations for administering the authority and its conditions. 2
condition to allow connection to supply network by 3
Additional
complying persons 4
43.(1) It is also a condition of a supply entity authority that, if the supply 5
entity has a supply network, the supply entity must allow, as far as 6
technically and economically practicable, a person to connect supply to its 7
supply network, or take electricity from its supply network, on 8
nondiscriminatory terms, if the conditions stated in subsection (2) are 9
satisfied. 10
(2) The conditions to be satisfied are as follows-- 11
(a) the person must be authorised under this Act to connect supply or 12
take electricity; 13
(b) the supply network must be capable of being safely used to 14
connect supply or take electricity as proposed by the person; 15
(c) the person must have complied with all provisions of the 16
regulations relevant to connecting supply to, or taking electricity 17
from, the network; 18
(d) the person must pay the reasonable cost of connection to the 19
network. 20
(3) In deciding whether the condition mentioned in subsection (2)(b) is 21
satisfied, all relevant matters must be considered, including, for example-- 22
(a) the supply entity's current obligations; and 23
(b) the current obligations of other persons connected directly or 24
indirectly to the network; and 25
(c) the network's capacity. 26
condition to provide network services 27
Additional
44. In addition, it is a condition of a supply entity authority that, if the 28
supply entity has a supply network, the entity must provide, as far as 29
technically and economically practicable, network services, on 30
s 45 33 s 49
Electricity
nondiscriminatory terms, for persons authorised to connect supply of 1
electricity to the network or take electricity from the network. 2
condition to comply with protocols, standards and codes 3
Additional
45. It is also a condition of a supply entity authority that the supply entity 4
must comply with all protocols, standards and codes applying to the entity 5
under the regulations. 6
ART 6--AUTHORISED SUPPLIERS AND THEIR 7
P
AUTHORITIES 8
suppliers 9
Authorised
46. An "authorised supplier" is a person who holds an authorised 10
supplier authority from a supply entity. 11
supplier authorities 12
Authorised
47. An "authorised supplier authority" authorises its holder to supply 13
electricity within the whole or a part of the supply area of the supply entity 14
that issues the authority. 15
area of authorised supplier 16
Supply
48. An authorised supplier's "supply area" is the area stated in its 17
authority as its supply area. 18
of electricity in supply area 19
Supply
49.(1) An authorised supplier has an obligation to supply for its supply 20
area. 21
(2) The obligation to supply is dealt with in Chapter 3. 22
s 50 34 s 52
Electricity
of authorised supplier authority does not relieve supply entity of 1
Issue
its obligation to supply 2
50.(1) The issue of an authorised supplier authority by a supply entity 3
does not, of itself, relieve the supply entity of its obligation to supply. 4
(2) However, the supply entity is relieved of its obligation to supply to 5
the extent that the obligation is actually performed by the authorised 6
supplier. 7
of electricity outside supply area 8
Supply
51.(1) An authorised supplier may supply electricity to a customer in an 9
area outside its supply area (the "proposed area") if-- 10
(a) the customer is a contestable customer; or 11
(b) the proposed area is not in another electricity entity's supply area; 12
or 13
(c) the proposed area is in another electricity entity's supply area, but 14
the other electricity entity agrees to the supply. 15
(2) However, the supply entity may supply electricity to the customer 16
only if the supply is not likely to impair its capacity to fulfil its obligation to 17
supply in its own supply area. 18
(3) If the proposed area is in an authorised supplier's supply area, the 19
agreement mentioned in subsection (1)(c) must be with the authorised 20
supplier and not its supply entity. 21
of authorised supplier authority 22
Conditions
52. An authorised supplier authority is subject to the following 23
conditions-- 24
(a) the authorised supplier must comply with-- 25
(i) system control directions given to it under this Act that are 26
not inconsistent with the authority; and 27
(ii) the additional conditions stated in the following sections-- 28
· section 53 (Additional condition to allow connection to 29
supply network by complying persons) 30
s 53 35 s 53
Electricity
· section 54 (Additional condition to provide network 1
services) 2
· section 55 (Additional condition to comply with 3
protocols, standards and codes); and 4
(iii) conditions imposed under the regulations; and 5
(iv) conditions stated in the authority; 6
(b) if the supplier has a supply network--the supplier must operate, 7
maintain (including repair and replace as necessary) and protect 8
its supply network to ensure the adequate, economic, reliable and 9
safe supply of electricity to its customers; 10
(c) the supplier must properly take into account the environmental 11
effects of its activities under the authority; 12
(d) the supplier must consider both demand side and supply side 13
options to provide, as far as technically and economically 14
practicable, for the efficient delivery and use of electrical energy; 15
(e) the supplier must pay the amounts required under the authority or 16
the regulations for administering the authority and its conditions. 17
condition to allow connection to supply network by 18
Additional
complying persons 19
53.(1) It is also a condition of an authorised supplier authority that, if the 20
supplier has a supply network, the supplier must allow, as far as technically 21
and economically practicable, a person to connect supply to its supply 22
network, or take electricity from its supply network, on nondiscriminatory 23
terms, if the conditions stated in subsection (2) are satisfied. 24
(2) The conditions to be satisfied are as follows-- 25
(a) the person must be authorised under this Act to connect supply or 26
take electricity; 27
(b) the supply network must be capable of being safely used to 28
connect supply or take electricity as proposed by the person; 29
(c) the person must have complied with all provisions of the 30
regulations relevant to connecting supply to, or taking electricity 31
from, the network; 32
s 54 36 s 56
Electricity
(d) the person must pay the reasonable cost of connection to the 1
network. 2
(3) In deciding whether the condition mentioned in subsection (2)(b) is 3
satisfied, all relevant matters must be considered, including, for example-- 4
(a) the authorised supplier's current obligations; and 5
(b) the current obligations of other persons connected directly or 6
indirectly to the network; and 7
(c) the network's capacity. 8
condition to provide network services 9
Additional
54. In addition, it is a condition of an authorised supplier authority that, if 10
the authorised supplier has a supply network, the supplier must provide, as 11
far as technically and economically practicable, network services, on 12
nondiscriminatory terms, for persons authorised to connect supply of 13
electricity to the network or take electricity from the network. 14
condition to comply with protocols, standards and codes 15
Additional
55. It is also a condition of an authorised supplier authority that the 16
supplier must comply with all protocols, standards and codes applying to 17
the supplier under the regulations. 18
ART 7--SPECIAL APPROVAL HOLDERS AND 19
P
THEIR APPROVALS 20
of special approvals 21
Purpose
56. The purpose of special approvals is to enable, in special 22
circumstances, electricity entities and other persons to perform activities, 23
normally authorised by a generation, transmission, supply entity or 24
authorised supplier authority, without the authority. 25
s 57 37 s 60
Electricity
approval holders 1
Special
57. A "special approval holder" is a person who has a special 2
approval. 3
approvals 4
Special
58. A "special approval" authorises its holder to do anything stated in 5
the approval that a generation entity, transmission entity, supply entity or 6
authorised supplier may do under this Act. 7
given by special approval 8
Authorisation
59.(1) A special approval authorises its holder to do the things stated in 9
the approval, even though the things would otherwise require the holder to 10
be the holder of a generation, transmission, supply entity or authorised 11
supplier authority to do the things. 12
(2) Despite subsection (1), a special approval does not make the holder 13
an electricity entity, unless a regulation provides that the holder is to be 14
treated as an electricity entity. 15
(3) However, for things authorised by the special approval, the special 16
approval holder is taken to be a person who has the relevant authority and 17
the special approval is taken to be the relevant authority. 18
19
Examples--
20
1. If a special approval authorises the holder to connect generating plant to a
21
transmission grid or supply network, the holder is taken, for that activity, to be the
22
holder of a generation authority.
23
2. If a special approval authorises the holder to operate a transmission grid, the
24
holder is taken, for that activity, to be the holder of a transmission authority.
(4) The approval does not relieve the holder or anyone else from 25
complying with laws relevant to the doing of the things authorised by the 26
approval. 27
of special approval 28
Conditions
60. A special approval (whether given under the regulations or by the 29
Regulator) is subject to the following conditions-- 30
s 61 38 s 63
Electricity
(a) the holder must comply with-- 1
(i) the condition stated in section 61 (Additional condition to 2
comply with protocols, standards and codes); and 3
(ii) conditions imposed under the regulations; and 4
(iii) if the approval is given by the Regulator--conditions stated 5
in the approval; 6
(b) the holder must pay amounts required under the approval or the 7
regulations for administering the approval and its conditions. 8
condition to comply with protocols, standards and codes 9
Additional
61. It is also a condition of a special approval that the holder must 10
comply with all protocols, standards and codes applying to the holder under 11
the regulations. 12
ART 8--REGULATOR 13
P
14
Regulator
62. The chief executive of the department is the Regulator. 15
unctions 16
F
63. The Regulator's functions are-- 17
(a) to ensure only suitable persons become electricity entities; and 18
(b) to ensure the safety requirements under this Act are complied 19
with; and 20
(c) to review and make recommendations about standards and 21
practices under this Act; and 22
(d) to assist the settlement of disputes between electricity entities and 23
between electricity entities and others; and 24
(e) to monitor compliance with this Act, including compliance with 25
s 64 39 s 66
Electricity
conditions of authorities, approvals and licences; and 1
(f) to perform other functions given to the Regulator under this Act 2
or another Act. 3
4
Delegation
64.(1) The Regulator may delegate a power of the Regulator to an officer 5
of the department, an authorised person or an employee of an electricity 6
entity if satisfied the person has the expertise and experience necessary to 7
exercise properly the power. 8
(2) A regulation may provide that a particular power of the Regulator-- 9
(a) may not be delegated; or 10
(b) may be delegated only to a particular person. 11
PART 9--ELECTRICITY OFFICERS 12
13
Appointment
65.(1) The chief executive officer of an electricity entity may appoint a 14
person as an electricity officer for the entity. 15
(2) The chief executive officer may appoint a person as an electricity 16
officer only if-- 17
(a) the chief executive officer considers the person has the expertise 18
or experience approved by the Regulator to be an electricity 19
officer; or 20
(b) the person has satisfactorily finished training approved by the 21
Regulator. 22
of electricity officer's powers 23
Limitation
66. An electricity officer may exercise powers only-- 24
(a) in relation to the electricity entity's works; or 25
s 67 40 s 69
Electricity
(b) if the electricity entity supplies electricity--within its supply area 1
or a place where it supplies electricity. 2
limitation of electricity officer's powers 3
Other
67. An electricity officer's powers may be limited-- 4
(a) under the regulations; or 5
(b) under a condition of appointment; or 6
(c) by written notice given by the electricity entity's chief executive 7
officer to the electricity officer. 8
officer's appointment conditions 9
Electricity
68.(1) An electricity officer holds office on the conditions stated in the 10
instrument of appointment. 11
(2) An electricity officer-- 12
(a) if the appointment provides for a term of appointment--ceases 13
holding office at the end of the term; and 14
(b) may resign by signed notice of resignation given to the chief 15
executive officer concerned; and 16
(c) if the conditions of appointment provide--ceases holding office 17
as an electricity officer on ceasing to hold another office stated in 18
the appointment conditions. 19
officer's identity card 20
Electricity
69.(1) The chief executive officer of an electricity entity must give each 21
electricity officer for the entity an identity card. 22
(2) The identity card must-- 23
(a) contain a recent photograph of the electricity officer; and 24
(b) be in a form approved by the Regulator; and 25
(c) be signed by the electricity officer; and 26
(d) identify the person as an electricity officer for the electricity entity. 27
s 70 41 s 71
Electricity
(3) A person who ceases to be an electricity officer for an electricity 1
entity must return the person's identity card to the entity's chief executive 2
officer within 21 days after the person ceases to be an electricity officer, 3
unless the person has a reasonable excuse. 4
Maximum penalty--10 penalty units. 5
(4) This section does not prevent the giving of a single identity card to a 6
person under this section and for other provisions, Acts or purposes. 7
or display of electricity officer's identity card 8
Production
70.(1) An electricity officer may exercise a power in relation to someone 9
else only if the electricity officer-- 10
(a) first produces his or her identity card for the person's inspection; 11
or 12
(b) has the identity card displayed so it is clearly visible to the person. 13
(2) However, if for any reason it is not practicable to comply with 14
subsection (1), the electricity officer must produce the identity card for the 15
person's inspection at the first reasonable opportunity. 16
PART 10--AUTHORISED PERSONS 17
18
Appointment
71.(1) The Regulator may appoint any of the following persons as 19
authorised persons-- 20
(a) officers and employees of the public service; 21
(b) employees of electricity entities; 22
(c) other persons prescribed under the regulations. 23
(2) The Regulator may appoint a person as an authorised person only 24
if-- 25
(a) the Regulator considers the person has the necessary expertise or 26
experience to be an authorised person; or 27
s 72 42 s 74
Electricity
(b) the person has satisfactorily finished training approved by the 1
Regulator. 2
of authorised person's powers 3
Limitation
72. The powers of an authorised person may be limited-- 4
(a) under the regulations; or 5
(b) under a condition of appointment; or 6
(c) by written notice given by the Regulator to the authorised person. 7
person's appointment conditions 8
Authorised
73.(1) An authorised person holds office on the conditions stated in the 9
instrument of appointment. 10
(2) An authorised person-- 11
(a) if the appointment provides for a term of appointment--ceases 12
holding office at the end of the term; and 13
(b) may resign by signed notice of resignation given to the Regulator; 14
and 15
(c) if the conditions of appointment provide--ceases holding office 16
as an authorised person on ceasing to hold another office stated in 17
the appointment conditions. 18
person's identity card 19
Authorised
74.(1) The Regulator must give each authorised person an identity card. 20
(2) The identity card must-- 21
(a) contain a recent photograph of the authorised person; and 22
(b) be signed by the authorised person; and 23
(c) identify the person as an authorised person for this Act. 24
(3) A person who ceases to be an authorised person must return the 25
person's identity card to the Regulator within 21 days after the person 26
ceases to be an authorised person, unless the person has a reasonable 27
s 75 43 s 76
Electricity
excuse. 1
Maximum penalty--10 penalty units. 2
(4) This section does not prevent the giving of a single identity card to a 3
person under this section and for other provisions, Acts or purposes. 4
or display of authorised person's identity card 5
Production
75.(1) An authorised person may exercise a power in relation to 6
someone else only if the authorised person-- 7
(a) first produces his or her identity card for the person's inspection; 8
or 9
(b) has the identity card displayed so it is clearly visible to the person. 10
(2) However, if for any reason it is not practicable to comply with 11
subsection (1), the authorised person must produce the identity card for 12
inspection by the person at the first reasonable opportunity. 13
PART 11--STATE ELECTRICITY ENTITIES 14
Division 1--Queensland Generation Corporation 15
GC's functions 16
Q
76.(1) The primary function of Queensland Generation Corporation 17
("QGC") is to generate electricity for sale. 18
(2) QGC also has the function of carrying on any activity relating or 19
helpful to its primary function or any other function. 20
(3) In addition, QGC has any other functions given to it under this or 21
another Act. 22
s 77 44 s 78
Electricity
2--Queensland Transmission and Supply Corporation 1
Division
TSC's functions 2
Q
77.(1) The primary function of Queensland Transmission and Supply 3
Corporation ("QTSC") is to be a supply entity. 4
(2) QTSC also has the following functions-- 5
(a) planning and coordinating electricity supply for its supply area; 6
(b) forecasting, and trying its best to anticipate, future electricity 7
needs for its supply area; 8
(c) carrying on any activity relating or helpful to its primary function 9
or any other function. 10
(3) In addition, QTSC has any other functions given to it under this or 11
another Act. 12
3--Queensland Electricity Transmission Corporation 13
Division
ETC's functions 14
Q
78.(1) The primary function of Queensland Electricity Transmission 15
Corporation ("QETC") is to be a transmission entity. 16
(2) A regulation may appoint QETC as a system control entity. 17
(3) QETC also has the function of carrying on any activity relating or 18
helpful to its primary function or any other function. 19
(4) In addition, QETC has any other functions given to it under this or 20
another Act. 21
(5) QETC has the powers of a statutory GOC set out in section 149 22
(General powers of statutory GOCs) of the GOC Act, even if it is a 23
subsidiary of a statutory GOC and is not itself a statutory GOC. 24
s 79 45 s 80
Electricity
4--State authorised suppliers 1
Division
authorised suppliers 2
State
79.(1) Each of the following is a "State authorised supplier"-- 3
· Far North Queensland Electricity Corporation 4
· North Queensland Electricity Corporation 5
· Mackay Electricity Corporation 6
· Capricornia Electricity Corporation 7
· Wide BayBurnett Electricity Corporation 8
· South East Queensland Electricity Corporation 9
· South West Queensland Electricity Corporation. 10
(2) However, if an entity mentioned in subsection (1) ceases to be the 11
holder of an authorised supplier authority, it also ceases to be a State 12
authorised supplier. 13
and powers of State authorised suppliers 14
Functions
80.(1) A State authorised supplier's primary function is to be an 15
authorised supplier. 16
(2) A State authorised supplier also has the following functions-- 17
(a) planning and coordinating electricity supply for its supply area; 18
(b) forecasting, and trying its best to anticipate, future electricity 19
needs for its supply area; 20
(c) carrying on any activity relating or helpful to its primary function 21
or any other function. 22
(3) In addition, a State authorised supplier has any other functions given 23
to it under this or another Act. 24
(4) A State authorised supplier has the powers of a statutory GOC set out 25
in section 149 (General powers of statutory GOCs) of the GOC Act, even if 26
it is a subsidiary of a statutory GOC and is not itself a statutory GOC. 27
s 81 46 s 83
Electricity
ART 12--ELECTRICAL WORKERS AND 1
P
CONTRACTORS BOARD 2
Workers and Contractors Board 3
Electrical
81. The Electrical Workers and Contractors Board under the Electricity 4
Act 1976 continues in existence as the Electrical Workers and Contractors 5
Board. 6
HAPTER 3--OBLIGATION TO SUPPLY 7
C
to supply 8
Obligation
82.(1) The "obligation to supply" is the obligation a supply entity or 9
authorised supplier (the "obligated supplier") has to supply electricity of 10
appropriate quality within its supply area to persons who ask the obligated 11
supplier to supply it. 12
(2) However, the obligation to supply requires the supply of electricity 13
sought by a person in a particular case only if it is technically and 14
economically practicable to supply the electricity. 15
must be supplied on nondiscriminatory terms 16
Electricity
83.(1) The obligated supplier must supply electricity to a customer (other 17
than a contestable customer) on terms that do not discriminate between the 18
customer and other customers (other than contestable customers) seeking 19
similar supply. 20
(2) A regulation may declare what is or is not discrimination, including, 21
for example, whether or not and, if so, in what circumstances, the following 22
matters are discrimination-- 23
(a) the supply of electricity at different prices for customers trading in 24
the electricity market; 25
(b) requiring different advance payments or security deposits from 26
different customers. 27
s 84 47 s 84
Electricity
on obligation to supply 1
Limitations
84. The obligated supplier is not obliged to supply electricity to a 2
customer if-- 3
(a) the supply is, or needs to be, interrupted-- 4
(i) in an emergency; or 5
(ii) for work that needs to be performed without delay to prevent 6
an emergency happening; or 7
(iii) by circumstances beyond the supplier's control; or 8
(iv) for work, if it is reasonable to do the work when it is done, 9
reasonable notice is given to the customer and supply is 10
restored as soon as practicable; or 11
(b) the supply would breach technical and safety requirements under 12
this Act; or 13
(c) the supply would unreasonably interfere with the supply of 14
electricity by the supplier to other customers; or 15
(d) the supply is denied or limited under an electricity restriction 16
regulation or emergency rationing order; or 17
(e) the supplier has disconnected supply to the customer for failure to 18
pay a debt to the supplier; or 19
(f) after disconnecting supply to something that was unsafe, the thing 20
is still unsafe; or 21
(g) connecting supply is likely to cause fire or electric shock to 22
anyone; or 23
(h) the electricity is to be supplied to premises with a separate source 24
of electricity or energy and the electricity is needed as a stand-by 25
supply only; or 26
(i) this Act otherwise authorises refusal to supply (or to connect or 27
reconnect supply); or 28
(j) a regulation provides that the obligation to supply does not apply. 29
s 85 48 s 87
Electricity
to supply subject to authority 1
Obligation
85. The obligated supplier's obligation to supply is subject to the 2
conditions of its authority. 3
of supply for failure to pay debts 4
Disconnection
86.(1) If a customer of the obligated supplier fails to pay an amount 5
owing to the obligated supplier for or in relation to the supply of electricity 6
to the customer, the obligated supplier may disconnect, or refuse to connect 7
or reconnect, supply of electricity to-- 8
(a) an electrical installation of the customer; or 9
(b) premises occupied by the customer. 10
(2) The obligated supplier may continue to act under subsection (1) until 11
the customer pays to the obligated supplier-- 12
(a) all amounts owing by the customer to the obligated supplier, 13
including any fees for disconnection; and 14
(b) any fees and additional security the obligated supplier requires for 15
reconnection. 16
CHAPTER 4--ELECTRICITY INDUSTRY 17
OPERATIONS 18
ART 1--RESTRICTION ON CERTAIN ACTIVITIES 19
P
BY UNAUTHORISED PERSONS 20
of generating plant to transmission grid or supply 21
Connection
network only if authorised 22
87.(1) A person must not connect generating plant to a transmission grid 23
or supply network unless the person is the holder of a generation authority. 24
s 88 49 s 90
Electricity
Maximum penalty--5 000 penalty units. 1
(2) A person who contravenes subsection (1) may not, for the period of 2
the contravention, take part in trading arrangements or settlement processes 3
under this Act or recover payment for electricity or services provided by it. 4
on operating transmission grid unless authorised 5
Prohibition
88.(1) A person must not operate a transmission grid unless the person 6
is the holder of a transmission authority. 7
Maximum penalty--5 000 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 or services provided by it. 11
on supply of electricity within supply area 12
Restriction
89.(1) A person must not, in trade or commerce, supply electricity within 13
a supply area, unless the supply is authorised under this Act. 14
Maximum penalty--100 penalty units. 15
(2) Subsection (1) does not apply to the provision of electricity to a 16
supply entity or authorised supplier. 17
(3) A person who contravenes subsection (1) may not, for the period of 18
the contravention, take part in trading arrangements or settlement processes 19
under this Act or recover payment for electricity provided by it. 20
ART 2--MARKET, SETTLEMENTS, SYSTEM 21
P
CONTROL AND PRICING 22
arrangements 23
Trading
90. A regulation may provide for arrangements about trading in 24
electricity ("trading arrangements") by electricity entities, customers, 25
electricity brokers and other persons. 26
s 91 50 s 92
Electricity
process 1
Settlement
91.(1) A regulation may appoint, or provide for the appointment of, an 2
entity to decide payments to be made under trading arrangements. 3
(2) The regulation may-- 4
(a) state the entity's functions and powers and the procedures for 5
making and auditing decisions; and 6
(b) allow a person to disconnect someone else's works or electrical 7
installation from a supply network or transmission grid for failure 8
to comply with the entity's decision. 9
control 10
System
92.(1) A regulation may-- 11
(a) appoint, or provide for the appointment of, an entity (a "system 12
control entity") to carry out the function of system control for a 13
system ("power system") consisting of a transmission grid or 14
grids and connected generators, supply networks and electrical 15
installations; and 16
(b) specify the system control entity's functions and powers. 17
(2) A system control entity must ensure the power system for which it is 18
appointed is operated-- 19
(a) safely, reliably, efficiently and economically; and 20
(b) according to regulations that may be made about the entity's 21
functions and powers. 22
(3) An electricity entity must not contravene a direction about system 23
control given to it by a system control entity under a regulation, unless the 24
electricity entity has a reasonable excuse. 25
(4) The system control entity and electricity entity must comply with a 26
protocol, standard or code about system control prescribed under the 27
regulations. 28
(5) A supply entity or authorised supplier with a supply network is 29
responsible for network control in the network, but its responsibility is 30
subject to the responsibility (and right) of a system control entity to control 31
s 93 51 s 94
Electricity
the switching of parts of the network relevant to the integrity of the system 1
control entity's power system. 2
(including reserve powers) about electricity pricing3 3
Powers
93.(1) An electricity entity may-- 4
(a) fix prices for electricity it supplies to customers; and 5
(b) if permitted under the regulations--negotiate prices with 6
particular customers. 7
(2) However, if the Minister considers it necessary in the public interest, 8
the Minister may, by written notice to an electricity entity, fix prices the 9
entity must charge for electricity. 10
(3) Without limiting subsection (2), the Minister may act to maintain 11
equalisation of prices throughout the State for customers to whom a 12
particular tariff applies. 13
(4) A regulation may require electricity entities to take part in price 14
equalisation. 15
(5) In fixing a price, an electricity entity and the Minister must try to 16
ensure the price is fair and reasonable, given the competition in the relevant 17
market and any relevant network service pricing principles agreed between 18
the Queensland Government and other Australian governments. 19
(6) If the Minister fixes a price an electricity entity must charge for 20
electricity, the entity must not charge a different price. 21
(7) An electricity entity does not discriminate merely because it charges a 22
price fixed for it by the Minister. 23
(8) This section does not limit the GOC Act. 24
services pricing 25
Network
94.(1) An electricity entity may fix prices for its network services. 26
(2) However, if the Minister considers it necessary in the public interest, 27
3 See section 258 for additional provisions about fixing prices by State electricity
entities.
s 95 52 s 96
Electricity
the Minister may, by written notice to an electricity entity, fix prices for an 1
electricity entity's network services. 2
(3) In fixing a price, the Minister must consider any relevant network 3
service pricing principles agreed between the Queensland Government and 4
other Australian governments. 5
(4) If the Minister fixes a price for an electricity entity's network 6
services, the entity must not charge a different price. 7
(5) An electricity entity does not discriminate merely because it charges a 8
price fixed for it by the Minister. 9
between customers lessening competition prohibited 10
Discrimination
95. An electricity entity must not discriminate between persons who are, 11
or wish to be, its customers if the purpose of the discrimination is to, or is 12
likely to have the effect of, substantially lessening competition within the 13
electricity industry under this Act. 14
PART 3--LIMITATION OF LIABILITY OF 15
ELECTRICITY ENTITIES 16
of liability of transmission entity for failure to provide 17
Limitation
network services or electricity 18
96. A transmission entity is civilly liable for a total or partial failure to 19
provide network services or electricity only if the failure was caused by-- 20
(a) the negligence or breach of duty of the entity or a person acting 21
for it; or 22
(b) contravention by the entity, or a person acting for it, of this Act or 23
a condition of the entity's transmission authority. 24
s 97 53 s 99
Electricity
of liability of supply entity or authorised supplier for 1
Limitation
failure to provide network services or supply electricity 2
97. A supply entity or authorised supplier (the "entity") is civilly liable 3
for total or partial failure to provide network services or supply electricity 4
only if the failure was caused by-- 5
(a) the negligence or breach of duty of the entity or a person acting 6
for it; or 7
(b) contravention by the entity, or a person acting for it, of this Act or 8
a condition of the entity's authority. 9
ART 4--WORKS 10
P
Division 1--Works generally 11
entity entitled to access to its works 12
Electricity
98.(1) This section applies to an electricity entity's works on someone 13
else's land, including land that is a publicly controlled place, railway land or 14
a protected area. 15
(2) The electricity entity (and its employees and agents) are entitled to 16
have unrestricted access to the works at any reasonable time and, for that 17
purpose, may enter and pass through the land. 18
to give notice of work affecting electricity entity's works 19
Person
99.(1) A person proposing to do work near an electricity entity's works 20
must give the entity at least 14 days written notice of the proposed work if, 21
in performing the work-- 22
(a) plant, if not properly controlled, is likely to come into contact with 23
an overhead electric line; or 24
(b) soil or other material supporting or covering the entity's works 25
may be disturbed. 26
s 100 54 s 101
Electricity
(2) If, because of an emergency, it is not practicable to give the notice 1
under subsection (1), written notice must be given to the electricity entity as 2
soon as practicable. 3
(3) The person must, at the person's cost, take measures to protect or 4
reinstate the electricity entity's works if required by the entity. 5
Division 2--Works on public places, other than railway land and 6
protected areas 7
of Division 8
Application
100. This Division is subject to the following Divisions-- 9
· Division 3 (Works on railway land) 10
· Division 4 (Works on protected areas). 11
entity may take action in publicly controlled places to 12
Electricity
provide electricity etc.4 13
101.(1) An electricity entity may take the action in a publicly controlled 14
place it considers necessary to provide or supply electricity, including, for 15
example-- 16
(a) opening and breaking up the soil and pavement of the place; and 17
(b) cutting, lopping, or removing trees and other vegetation growing 18
in or over the place; and 19
(c) opening or breaking up a sewer, drain or tunnel in or under the 20
place; and 21
(d) temporarily stopping or diverting traffic on or from the place; and 22
(e) building drains, excavations, subways and tunnels in or under the 23
place. 24
(2) A regulation may make provision about the obligations and rights of 25
electricity entities taking action in publicly controlled places, including, for 26
4 The application of this section could, in a particular case, be affected by the
Native Title Act 1993 (Cwlth).
s 102 55 s 103
Electricity
example-- 1
(a) notice to be given before taking action; and 2
(b) timing of work; and 3
(c) procedures to be followed on the breaking up of anything in, on 4
or under the place. 5
(3) This section has effect subject to sections 102 (Works on roads) and 6
104 (Regulation may declare restricted road). 7
on roads 8
Works
102.(1) An electricity entity may do any of the following things on a 9
road-- 10
(a) build or remove, or alter (other than for maintenance or repair), its 11
electric lines or other works; 12
(b) maintain, repair or alter for maintenance or repair, its electric lines 13
or other works; 14
(c) stop obstruction or potential obstruction to, or interference or 15
potential interference with, its electric lines or other works. 16
(2) However, the electricity entity may do things mentioned in 17
subsection (1)(a) only if it has the written agreement of the road authority. 18
(3) The road authority must not unreasonably withhold agreement. 19
(4) If asked in writing by the electricity entity, the road authority must 20
give the entity information about lines and levels for any planned roadworks 21
necessary to enable the entity to minimise possible adverse effects of the 22
entity's works on roadworks. 23
entity to consult with road authority before replacing 24
Electricity
works 25
103.(1) Before an electricity entity replaces the whole or a substantial 26
proportion of its electric lines or other works on a road, the entity must 27
consult with the road authority responsible for the road. 28
(2) The object of the consultation is to identify any mutually beneficial 29
s 104 56 s 106
Electricity
arrangements for the replacement of the works having regard to existing 1
development plans for the road. 2
may declare restricted road 3
Regulation
104.(1) A regulation may-- 4
(a) declare a road, or part of a road, to be a restricted road; and 5
(b) for a restricted road--impose restrictions about building new 6
works or altering or removing existing works on the road. 7
(2) An electricity entity must comply with the regulation. 8
entity to comply with road authority's agreement etc. 9
Electricity
105.(1) If an electricity entity builds or removes, or alters (other than for 10
maintenance or repair), its electric lines or other works in a road (the 11
"contravening conduct"), without the agreement of the road authority for 12
the road or in contravention of a regulation or an agreement with the road 13
authority, the Regulator may, by written notice given to the entity, require 14
the entity, at its cost and within the period stated in the notice, to take action 15
to remedy the contravening conduct. 16
(2) If the electricity entity does not comply with the notice, the Regulator 17
may arrange for the action the Regulator considers necessary to remedy the 18
contravening conduct to be carried out. 19
(3) The costs reasonably incurred by the Regulator in arranging for the 20
action to be carried out are a debt payable by the electricity entity to the 21
State. 22
(4) This section does not limit the powers of a road authority under 23
another Act. 24
entity may require electricity entity to alter position of works 25
Public
106.(1) A public entity may require an electricity entity to alter the 26
position of the electricity entity's works in a publicly controlled place if the 27
works could interfere with the exercise of the public entity's powers for the 28
place. 29
s 107 57 s 109
Electricity
(2) The public entity is responsible only for the cost of altering the 1
position of the works. 2
Division 3--Works on railway land 3
for works of electricity entities affecting railways 4
Agreement
107.(1) An electricity entity may build, alter or remove works on a 5
railway or break up a railway only if it has the railway operator's written 6
agreement. 7
(2) The railway operator must not unreasonably withhold its agreement. 8
of works 9
Removal
108.(1) A railway operator may require an electricity entity to remove or 10
relocate the entity's works built with its agreement if the removal or 11
relocation is in accordance with-- 12
(a) the agreement or another agreement between the entity and 13
operator; or 14
(b) a resolution of a dispute between the entity and operator. 15
(2) The electricity entity must pay the cost of the removal or relocation, 16
unless an agreement or resolution mentioned in subsection (1) otherwise 17
provides. 18
impairing railway signalling or communication lines 19
Works
109.(1) An electricity entity must not build works, or carry out any other 20
work for the supply of electricity, in a way that impairs, through induction 21
or otherwise, the efficient use of a railway operator's existing signalling or 22
communication line. 23
(2) An electricity entity and a railway operator may agree to relocate or 24
protect a signalling or communication line to ensure its efficient use is not 25
impaired. 26
(3) The electricity entity must pay the cost of relocating or protecting the 27
s 110 58 s 111
Electricity
signalling or communication line, unless an agreement between the entity 1
and railway operator otherwise provides. 2
by railway operator of signalling or communication line 3
Building
likely to be affected by electricity entity's works etc. 4
110.(1) If a railway operator proposes to build or relocate a signalling or 5
communication line that could be adversely affected by interference from an 6
electricity entity's existing works, the operator must-- 7
(a) ensure the signalling or communication line is built or relocated 8
so as not to be adversely affected; or 9
(b) ask the entity to relocate or alter the works to protect adequately 10
the signalling or communication line. 11
(2) The railway operator must pay the cost of relocating or altering works 12
under subsection (1)(b). 13
4--Works on protected areas 14
Division
of works on protected areas 15
Building
111.(1) An electricity entity must not build, replace or alter electric lines 16
or other works in a protected area unless the entity acts under a written 17
agreement of the Minister administering the Nature Conservation Act 1992. 18
Maximum penalty--8 penalty units. 19
(2) In deciding whether to agree, the Minister must take into account-- 20
(a) the extent and significance of the disturbance building the works 21
will, or is likely to, cause to the protected area; and 22
(b) the electricity entity's report on alternative routes or positions for 23
building the works outside the protected area; and 24
(c) the extent of any disability or disadvantage in using an alternative 25
route or position. 26
(3) Agreement may be given on conditions the Minister considers 27
necessary to minimise interference to the protected area. 28
s 112 59 s 114
Electricity
Division 5--Other matters about an electricity entity's works 1
owner or occupier of place taken to have consented to building 2
Future
of works 3
112.(1) If electric lines or other works are built by an electricity entity in a 4
place with the owner's consent, the occupier and a person who later 5
becomes the owner or occupier of the place is taken to have also consented. 6
(2) If electric lines or other works are built by an electricity entity in a 7
place with the occupier's consent, a person who later becomes the occupier 8
of the place is taken to have also consented. 9
(3) However, the owner or occupier may require the electricity entity to 10
remove and relocate the works if the owner or occupier pays the cost, or a 11
contribution acceptable to the entity towards the cost, of the removal and 12
relocation. 13
(4) If, before the commencement, an electricity entity's works have been 14
placed on land in which the entity does not have an interest (other than an 15
interest in the works or their use), the entity is taken to have built and 16
maintained the works on the land with the consent of the land's owner 17
unless the contrary is proved. 18
remain property of electricity entity 19
Works
113.(1) Works built in a place by an electricity entity remain the entity's 20
property even if the place is not under its control. 21
(2) Despite subsection (1), the electricity entity may agree with the owner 22
of the place that the works do not remain the entity's property. 23
(3) In this section-- 24
"place" includes a building, railway, reserve, road, tramway and waterway. 25
payable by electricity entity for damage etc. 26
Compensation
114.(1) In exercising a power under this Part, an electricity entity must 27
do as little damage as is practicable. 28
s 115 60 s 115
Electricity
(2) An electricity entity must fully compensate a person for damage to 1
the person's property caused by the exercise of a power under this Part. 2
PART 5--ENTRY ONTO AND ACQUISITION OF 3
LAND 4
1--Entry onto land 5
Division
to enter onto land for proposed works etc. 6
Authority
115.(1) The Minister may, by Gazette notice, authorise an electricity 7
entity (and its employees and agents) to enter onto land, and remain on it for 8
as long as necessary, to decide the suitability of the land for the entity's 9
proposed works. 10
(2) The authority must state-- 11
(a) the electricity entity to which it is given; and 12
(b) whether it applies to any land or only to particular land; and 13
(c) whether it applies to any proposed works or only to particular 14
works; and 15
(d) the things the entity may do on land entered under it; and 16
(e) the period of the authority. 17
(3) The authority may-- 18
(a) state the conditions or restrictions to which it is subject; and 19
(b) make provision about the effect of breaches of the conditions or 20
restrictions or the continuation or suspension of the authority. 21
s 116 61 s 116
Electricity
2--Acquisition of land 1
Division
to acquire land 2
Authority
116.(1) The Minister may, by Gazette notice, authorise an electricity 3
entity (an "authorised electricity entity") to acquire land for works, 4
including proposed works. 5
(2) The authority must state-- 6
(a) the electricity entity to which it is given; and 7
(b) whether it applies to any land or only to particular land; and 8
(c) whether it applies to any works or only to particular works; and 9
(d) the period of the authority. 10
(3) The authority may-- 11
(a) state the conditions or restrictions to which it is subject; and 12
(b) make provision about the effect of breaches of the conditions or 13
restrictions or the continuation or suspension of the authority. 14
(4) The Acquisition of Land Act 1967 applies to the authorised electricity 15
entity acting under the authority as if-- 16
(a) it were a constructing authority; and 17
(b) land mentioned in the Act included land held from the State for a 18
lesser interest than freehold; and 19
(c) the purposes for which land may be taken for the entity 20
included-- 21
(i) building works, including for example, relocating property 22
for the works and lessening adverse environmental effects; 23
and 24
(ii) any other public purpose within the meaning of the Land 25
Act 1962 related to works. 26
(5) Section 307 of the Land Act 1962 applies to the authorised electricity 27
entity as if it were a constructing authority. 28
(6) A regulation may make provision about the acquisition of land by or 29
for the authorised electricity entity. 30
s 117 62 s 118
Electricity
ART 6--MISCELLANEOUS 1
P
of certain disputes between electricity entities or between 2
Resolution
electricity entities and public entities 3
117.(1) This section applies to-- 4
(a) disputes arising under Part 4 (Works) between an electricity entity 5
and a public entity; and 6
(b) disputes arising under this Act between electricity entities. 7
(2) Any party to the dispute may refer the issue to the Regulator. 8
(3) The Regulator may give instructions about procedures to be followed 9
by the parties to attempt to resolve the dispute before the Regulator will 10
attempt to resolve it. 11
(4) The Regulator may require a party to supply information the 12
Regulator considers necessary to enable the dispute to be resolved. 13
(5) The Regulator may-- 14
(a) decline to act in a dispute; or 15
(b) seek to resolve the dispute with the parties or someone else, other 16
than a court, responsible for dealing with disputes involving 1 or 17
more of the parties. 18
(6) If the Regulator cannot resolve the dispute, the matter may be decided 19
by the Governor in Council. 20
(7) The Governor in Council may decide the matter without giving the 21
parties an opportunity to make representations to, or to be heard by, the 22
Governor in Council. 23
(8) The decision of the Governor in Council is binding on the parties. 24
(9) This section does not prevent an entity from exercising another right 25
before a court or tribunal. 26
may recover amount for electricity supplied to person 27
Supplier
occupying premises 28
118. If-- 29
s 119 63 s 119
Electricity
(a) a person occupies premises where electricity supplied by a supply 1
entity or authorised supplier has been consumed during the 2
person's occupancy; and 3
(b) the entity or supplier has not been paid for the electricity; 4
the amount the entity or supplier is entitled to charge for the electricity is a 5
debt owing by the person to the entity or supplier. 6
HAPTER 5--INDUSTRY REGULATION 7
C
ART 1--REGULATOR 8
P
role in disputes between electricity entity and customers 9
Regulator's
or occupiers 10
119.(1) This section applies to disputes between-- 11
(a) an electricity entity and a customer about the performance of a 12
function or exercise of a power under this Act; or 13
(b) an electricity entity and an occupier of land onto which the entity 14
enters or proposes to enter, or permits someone else to enter, 15
under this Act. 16
(2) A party to a dispute may ask the Regulator to settle the dispute by 17
mediation. 18
(3) The Regulator may decide the action that a party must take before the 19
Regulator will try to settle the dispute by mediation. 20
(4) If, at mediation, the parties agree on a resolution of their dispute or 21
part of it, the agreement must be written down and signed by or for each 22
party and by the Regulator. 23
(5) The agreement has the same effect as any other compromise. 24
s 120 64 s 121
Electricity
(6) This section does not prevent a party exercising other rights before a 1
court or tribunal. 2
power to require information from electricity entities 3
Regulator's
120.(1) An electricity entity must give the Regulator the information the 4
Regulator reasonably requires to enable the Regulator to perform the 5
Regulator's functions. 6
(2) The information must be given within a reasonable time after the 7
Regulator asks for it. 8
(3) However, this section does not require the electricity entity to give 9
information if giving the information might tend to incriminate the entity. 10
PART 2--RESTRICTIONS AND RATIONING 11
1--Electricity restriction regulations 12
Division
of electricity restriction regulations 13
Purpose
121. The purpose of an electricity restriction regulation is to restrict the 14
use of electricity provided through a transmission grid or supply network or 15
part of a transmission grid or supply network to ensure there is a regular, 16
economically efficient and constant supply of electricity within the available 17
supply capacity of the transmission grid or supply network or part of the 18
transmission grid or supply network. 19
20
Example--
21
There are limitations in the capacity of generating plant or other works of an
22
electricity entity. The use of large appliances (for example, industrial welders and
23
large self-contained refrigerative airconditioners) may affect the quality of electricity
24
supply to customers by causing unacceptable variations in voltage. It may not be
25
economically practicable to increase the electricity entity's generating plant
26
capacity to cater for the large appliances. In the interests of maintaining supply for
27
all customers, it may be necessary or desirable to make an electricity restriction
28
regulation to restrict the use of the large appliances.
s 122 65 s 124
Electricity
restriction regulations 1
Electricity
122.(1) A regulation (an "electricity restriction regulation") may 2
restrict the use of electricity provided through a transmission grid or supply 3
network in a way the Governor in Council considers necessary or desirable 4
to achieve the regulation's purpose. 5
(2) An electricity restriction regulation may restrict the use of electricity 6
by regulating the use of electricity provided through a transmission grid or 7
supply network, including, for example, by regulating-- 8
(a) the customers that may receive electricity; and 9
(b) the maximum demand that may be imposed on the transmission 10
grid or supply network by an electrical installation; and 11
(c) the purposes for which electricity supplied through the 12
transmission grid or supply network may be used; and 13
(d) the electrical articles that may be used by customers entitled to be 14
provided with electricity through the transmission grid or supply 15
network. 16
(3) An electricity restriction regulation must state the purpose to be 17
achieved by the regulation. 18
of electricity restriction regulation 19
Expiry
123. An electricity restriction regulation expires 5 years after the day on 20
which it is made unless it is earlier repealed. 21
2--Emergency rationing orders 22
Division
of emergency rationing orders 23
Making
124.(1) The Minister may, by Gazette notice, make an order rationing the 24
use of electricity (an "emergency rationing order"). 25
(2) The Minister may make the order only if satisfied that-- 26
(a) because of an emergency, an electricity entity cannot supply the 27
electricity needed by its customers; and 28
(b) the making of the order is necessary to enable continued supply 29
s 125 66 s 128
Electricity
of electricity by restricting electricity use to the level of available 1
supply. 2
(3) The order must outline the nature of the emergency. 3
of emergency rationing orders other than by Gazette notice 4
Making
125.(1) If the Minister is satisfied that it is necessary, because of 5
extraordinary circumstances, to make an emergency rationing order other 6
than by Gazette notice, the Minister may make the order and immediately 7
advertise the making of the order in the way the Minister considers most 8
appropriate to notify persons likely to be affected by the order. 9
(2) The order expires if it is not notified in the Gazette within 3 days after 10
it is made. 11
(3) The order also expires if it is not tabled in the Legislative Assembly 12
on the next sitting day after it is made. 13
order may provide 14
What
126. An emergency rationing order may regulate the use or supply of 15
electricity in the way the Minister considers necessary to enable the 16
continued supply of electricity in the emergency. 17
of order 18
Advertisement
127. A supply entity whose supply area is affected by an emergency 19
rationing order must advertise the order, the repeal or expiry of the order, 20
and any amendment of the order, as prescribed under the regulations. 21
of operation of order 22
Period
128.(1) The Minister must repeal the emergency rationing order as soon 23
as possible after the Minister is satisfied the order is no longer necessary to 24
enable the continued supply of electricity or the emergency no longer exists. 25
(2) The order expires 1 month after it is gazetted, unless it is earlier 26
repealed or the order states it operates for a shorter period. 27
s 129 67 s 130
Electricity
(3) Subsection (1) does not stop the making of a fresh emergency 1
rationing order. 2
rationing order prevails over existing agreements with 3
Emergency
customers 4
129.(1) If there is an inconsistency between an emergency rationing 5
order and an agreement between an electricity entity or special approval 6
holder and a customer, the order prevails to the extent of the inconsistency. 7
(2) However, subsection (1) alone does not limit the liability of the 8
electricity entity or special approval holder for failure to supply electricity to 9
a customer. 10
PART 3--ACTION BY REGULATOR TO ENSURE 11
SUPPLY OF ELECTRICITY BY ELECTRICITY 12
ENTITIES 13
in Council may direct Regulator to take over operation of 14
Governor
operating works 15
130.(1) This section applies if the Regulator advises the Minister that the 16
Regulator is satisfied, on reasonable grounds, that-- 17
(a) an electricity entity (the "defaulting entity") has contravened this 18
Act or a condition of its authority; and 19
(b) to ensure customers receive an adequate supply of electricity it is 20
necessary for the Regulator to take over the operation of all or 21
some of the defaulting entity's operating works (the "relevant 22
works"). 23
(2) If this section applies, the Governor in Council may, by Gazette 24
notice, authorise the Regulator to take over the operation of the relevant 25
works for the time the Regulator considers necessary to ensure customers 26
receive an adequate supply of electricity. 27
(3) The notice may make provision about any matter for which it is 28
s 131 68 s 131
Electricity
necessary or convenient to make provision to facilitate the Regulator taking 1
over the operation of the relevant works. 2
of Regulator taking over operation of operating works 3
Effect
131.(1) On the Regulator taking over the operation of a defaulting 4
entity's operating works, the operating works may be operated by the 5
person (the "operator") appointed by the Regulator. 6
(2) The operator need not be an electricity entity. 7
(3) The operator-- 8
(a) must comply with the conditions that applied to the defaulting 9
entity that the Regulator states in the appointment; and 10
(b) must comply with any conditions imposed by the Regulator; and 11
(c) must comply with the provisions of this Act about the operation 12
of the operating works; and 13
(d) may enter-- 14
(i) the site of operating works; and 15
(ii) other property necessary for the efficient operation of the 16
operating works (including necessary access to the operating 17
works and other property). 18
(4) The operator may do all things necessary or convenient to ensure the 19
operating works continue to operate as required by the Regulator, including, 20
for example, employing (or continuing to employ) employees at the 21
operating works and entering into contracts for the supply of fuel. 22
(5) The defaulting entity and other persons in possession or occupancy of 23
property relevant to the operation of the operating works must give the 24
operator access to the property necessary to enter to enable the efficient 25
operation of the operating works. 26
Maximum penalty--500 penalty units or 6 months imprisonment. 27
(6) The defaulting entity and anyone else in possession or occupancy of 28
property must not take action, or refuse to take action, if the taking of the 29
action, or the refusing to take the action, has the effect of preventing or 30
hindering the operation of the operating works under this section. 31
s 132 69 s 132
Electricity
Maximum penalty--1 000 penalty units or 6 months imprisonment. 1
(7) Subsections (5) and (6) do not apply to an act done, or omission 2
made, during or in connection with industrial action (within the meaning of 3
the Industrial Relations Act 1990). 4
(8) The owner of the operating works and the defaulting entity are liable 5
for the cost of the operation of the operating works by the operator. 6
(9) The person who would, apart from this section, be entitled to the 7
proceeds from the operation of the operating works is entitled to receive the 8
income received by the operator from operating the operating works less all 9
costs (including operating fees approved by the Regulator) properly 10
incurred in operating the operating works. 11
(10) The disposal of, or other dealing in, the operating works does not 12
affect the operation of this section. 13
ART 4--DISCIPLINARY ACTION AGAINST 14
P
ELECTRICITY ENTITIES 15
for disciplinary action 16
Grounds
132.(1) Each of the following is a ground for taking disciplinary action 17
against an electricity entity-- 18
(a) the entity's authority was obtained by incorrect or misleading 19
information; 20
(b) the entity has contravened this Act; 21
(c) the entity has contravened a condition of its authority; 22
(d) the entity is not, or is no longer, a suitable person to be the holder 23
of an authority of the relevant type; 24
(e) for a generation entity, transmission entity or supply entity--the 25
owner of the generating plant, transmission grid or supply 26
network is not, or is no longer, a suitable person to be the owner. 27
(2) The question whether a person is, or continues to be, a suitable 28
s 133 70 s 134
Electricity
person is decided in the same way as the question whether the person 1
would be a suitable person for the issue of an authority of the relevant type. 2
of disciplinary action 3
Types
133.(1) The Regulator may take the following disciplinary action against 4
an electricity entity-- 5
(a) for a generation entity or transmission entity--cancel or amend its 6
authority; 7
(b) for a supply entity--cancel or amend its authority for its supply 8
area or part of its supply area; 9
(c) for an authorised supplier--direct its supply entity to cancel or 10
amend its authority for its supply area or part of its supply area. 11
(2) If the ground for taking disciplinary action is that the electricity entity 12
has contravened this Act or a condition of its authority, the Regulator may 13
impose a penalty of not more than 400 penalty units for each contravention. 14
(3) In addition, if the electricity entity is a supply entity or authorised 15
supplier and the ground is that mentioned in subsection (2), the Regulator 16
may direct that, to the extent stated in the direction, the entity may not, in 17
relation to the period of the contravention, take part in trading arrangements 18
or settlement processes under this Act or recover payment for electricity 19
supplied by it. 20
(4) A penalty may be imposed or a direction given under subsection (3) 21
in addition to, or instead of, other disciplinary action. 22
(5) However, if an electricity entity fails to pay a penalty within the time 23
allowed by the Regulator, the Regulator may take further action for the 24
contravention for which the penalty was imposed. 25
(6) A reference in this section to amending an authority includes a 26
reference to amending its conditions. 27
for disciplinary action 28
Procedure
134.(1) If the Regulator considers a ground exists to take disciplinary 29
action against an electricity entity, the Regulator must, before taking the 30
disciplinary action, give the entity a written notice-- 31
s 135 71 s 135
Electricity
(a) stating the Regulator is considering taking disciplinary action 1
against the entity; and 2
(b) stating the proposed disciplinary action; and 3
(c) stating the grounds for the proposed disciplinary action; and 4
(d) outlining the facts and circumstances forming the basis for the 5
grounds; and 6
(e) inviting the entity to show, within a stated time of at least 28 days, 7
why the proposed disciplinary action should not be taken. 8
(2) If, after considering all written representations made by the electricity 9
entity within the stated time, the Regulator still considers a ground exists to 10
take the disciplinary action, the Regulator may take the disciplinary action. 11
(3) However, before cancelling or directing the cancellation of an 12
electricity entity's authority, the Regulator must consider the effect of the 13
cancellation on persons who are provided or supplied with electricity or 14
other services by the entity and the availability of alternative sources of 15
electricity or services. 16
(4) The Regulator must inform the electricity entity of the decision by 17
written notice. 18
(5) If the Regulator decides to take disciplinary action against the 19
electricity entity, the notice must state the reasons for the decision. 20
(6) The decision takes effect on the later of-- 21
(a) the day when the notice is given to the electricity entity; or 22
(b) the day of effect stated in the notice. 23
recoverable as debt 24
Penalty
135. A penalty imposed by the Regulator on an electricity entity may be 25
recovered as a debt owing to the State. 26
s 136 72 s 137
Electricity
CHAPTER 6--ELECTRICITY OFFICERS' 1
POWERS 2
PART 1--OPERATIONAL POWERS 3
to repair etc. works or electrical installations 4
Entry
136.(1) An electricity officer for an electricity entity may, at any 5
reasonable time, enter a place where the electricity entity has works or an 6
electrical installation to inspect, operate, change, maintain, remove, repair or 7
replace the works or installation. 8
(2) An electricity officer for an electricity entity may, at any reasonable 9
time, enter a place where someone else has an electrical installation to which 10
electricity is, or is to be supplied by the electricity entity to examine or 11
inspect the installation to ensure that the installation is safe to connect or 12
reconnect supply. 13
to read meters etc. 14
Entry
137. An electricity officer for an electricity entity may, at any reasonable 15
time, enter a place where there is an electrical installation to which electricity 16
is being, or has been, supplied by the electricity entity to-- 17
(a) read a meter; or 18
(b) calculate or measure electricity supplied or taken; or 19
(c) check the accuracy of metered consumption; or 20
(d) take action for deciding-- 21
(i) the appropriate tariffs for the electrical installation; or 22
(ii) the electrical installation's load classification; or 23
(e) replace meters, control apparatus and other electrical articles of the 24
electricity entity. 25
s 138 73 s 140
Electricity
of supply if entry refused 1
Disconnection
138.(1) If-- 2
(a) an electricity officer for an electricity entity is allowed to enter a 3
place under section 137 (Entry to read meters etc.); and 4
(b) the electricity officer is refused entry to the place or the electricity 5
officer's entry to the place is obstructed; 6
the entity's chief executive officer may, by written notice to the occupier of 7
the place, ask for consent to the entry. 8
(2) The notice must state why the entry is needed and state a day and 9
time for the proposed entry. 10
(3) If the occupier again refuses to consent to the entry, the chief 11
executive officer may authorise and electricity officer to-- 12
(a) disconnect electricity supply to the place; and 13
(b) leave the electrical installation disconnected until the occupier 14
consents to the entry and pays the disconnection and reconnection 15
fees prescribed under the regulations. 16
to disconnect supply 17
Entry
139.(1) An electricity officer for an electricity entity may, at any 18
reasonable time, enter a place to disconnect supply to an electrical 19
installation to which electricity is being supplied by the entity. 20
(2) The electricity officer may act under subsection (1) only if the 21
electricity entity is allowed to disconnect supply. 22
to place to prevent electrical hazard or protect electricity entity's 23
Entry
works 24
140.(1) An electricity officer for an electricity entity may, at any 25
reasonable time, enter a place to prevent-- 26
(a) a situation becoming an electrical hazard; or 27
(b) an obstruction or potential obstruction to, or interference or 28
potential interference with, the building, maintenance or operation 29
of an electric line or other works of the entity. 30
s 141 74 s 142
Electricity
(2) However, the electricity officer may enter the place only if-- 1
(a) the occupier of the place consents to the entry; or 2
(b) the electricity officer or the electricity entity gives the occupier at 3
least 7 days notice of the intended entry. 4
(3) The notice must state a period of not more than 1 month when entry 5
will be made. 6
(4) The notice is sufficient notice for each entry made during the stated 7
period. 8
ART 2--SAFETY POWERS 9
P
to make works or electrical installations safe 10
Entry
141.(1) An electricity officer for an electricity entity may, at any 11
reasonable time, enter a place where the electricity entity has works or an 12
electrical installation to make the works or installation safe. 13
(2) An electricity officer may, at any reasonable time, enter a place where 14
someone else has an electrical installation to which electricity is supplied by 15
the electricity entity to make the installation safe. 16
(3) The electricity officer may disconnect supply to a works or 17
installation until it is made safe. 18
(4) The powers conferred by this section are in addition to the powers 19
conferred by Part 1 (Operational powers). 20
ART 3--EXERCISE OF POWERS BY ELECTRICITY 21
P
OFFICERS 22
officer to give notice of damage 23
Electricity
142.(1) This section applies if an electricity officer damages anything 24
s 143 75 s 143
Electricity
when exercising or purporting to exercise a power under this Chapter. 1
(2) The electricity officer must immediately give written notice of the 2
particulars of the damage to the person who appears to be the thing's 3
owner. 4
(3) If the electricity officer believes the damage was caused by a latent 5
defect in the thing or other circumstances beyond the officer's control, the 6
officer may state this in the notice. 7
(4) If, for any reason, it is not practicable to comply with subsection (2), 8
the electricity officer must leave the notice, in a reasonably secure way and 9
in a conspicuous position, at the place where the damage happened. 10
(5) This section does not apply to damage that the electricity officer 11
believes, on reasonable grounds, is trivial. 12
(6) In this section-- 13
"owner" of a thing includes the person in possession or control of the 14
thing. 15
16
Compensation
143.(1) A person who incurs loss or expense because of the exercise or 17
purported exercise of a power under this Chapter by an electricity officer for 18
an electricity entity may claim compensation from the entity. 19
(2) Compensation may be claimed and ordered in a proceeding for-- 20
(a) compensation brought in a court of competent jurisdiction; or 21
(b) an offence against this Act brought against the person claiming 22
compensation. 23
(3) A court may order compensation to be paid only if it is satisfied it is 24
just to make the order in the circumstances of the particular case. 25
s 144 76 s 145
Electricity
CHAPTER 7--AUTHORISED PERSONS' 1
POWERS 2
PART 1--GENERAL POWERS TO INVESTIGATE 3
OFFENCES 4
to places 5
Entry
144.(1) An authorised person may enter a place under this Part if-- 6
(a) its occupier consents to the entry; or 7
(b) the entry is permitted by a warrant. 8
(2) An authorised person, without the occupier's consent or a warrant, 9
may-- 10
(a) enter a public place when the place is open to the public;5 or 11
(b) enter the land (including the curtilage) around premises to ask the 12
occupier of the premises for consent to enter the premises. 13
(3) The power of entry given to an authorised person under this Part is in 14
addition to the powers of entry given to an authorised person under other 15
Parts of this Chapter. 16
to entry 17
Consent
145.(1) This section applies if an authorised person intends to seek the 18
consent of an occupier of a place to the authorised person entering the place 19
under this Part. 20
(2) Before seeking the consent, the authorised person must inform the 21
occupier-- 22
(a) of the purpose of the entry; and 23
5 The application of this section could, in a particular case, be affected by the
Native Title Act 1993 (Cwlth).
s 146 77 s 146
Electricity
(b) that anything found and seized may be used in evidence in court; 1
and 2
(c) that the occupier is not required to consent. 3
(3) If the consent is given, the authorised person may ask the occupier to 4
sign an acknowledgment of the consent. 5
(4) The acknowledgment must-- 6
(a) state the occupier was informed-- 7
(i) of the purpose of the entry; and 8
(ii) that anything found and seized may be used in evidence in 9
court; and 10
(iii) that the occupier was not required to consent; and 11
(b) state the occupier gave the authorised person consent under this 12
Part to enter the place and to exercise powers under this Part; and 13
(c) state the time and date the consent was given. 14
(5) If the occupier signs an acknowledgment of consent, the authorised 15
person must immediately give a copy to the occupier. 16
for entry 17
Warrants
146.(1) An authorised person may apply to a Magistrate for a warrant for 18
a place. 19
(2) The application must be sworn and state the grounds on which the 20
warrant is sought. 21
(3) The Magistrate may refuse to consider the application until the 22
authorised person gives the Magistrate all the information the Magistrate 23
requires about the application in the way the Magistrate requires. 24
25
Example--
26
The Magistrate may require additional information supporting the application to
27
be given by statutory declaration.
(4) The Magistrate may issue a warrant only if satisfied there are 28
reasonable grounds for suspecting-- 29
(a) there is a particular thing or activity (the "evidence") that may 30
s 147 78 s 147
Electricity
provide evidence of an offence against this Act; and 1
(b) the evidence is, or may be within the next 7 days, at the place. 2
(5) The warrant must state-- 3
(a) that the authorised person may, with necessary and reasonable 4
help and force, enter the place and exercise the authorised 5
person's powers under this Act; and 6
(b) the evidence for which the warrant is issued; and 7
(c) the hours of the day when entry may be made; and 8
(d) the day, within 14 days after the warrant's issue, the warrant 9
ends. 10
(6) The Magistrate must record the reasons for issuing the warrant. 11
made other than in person 12
Warrants--applications
147.(1) An authorised person may apply for a warrant by phone, fax, 13
radio or another form of communication if the authorised person considers 14
it necessary because of urgent circumstances or other special circumstances, 15
including, for example, the authorised person's remote location. 16
(2) Before applying for the warrant, the authorised person must prepare 17
an application stating the grounds on which the warrant is sought. 18
(3) The authorised person may apply for the warrant before the 19
application is sworn. 20
(4) After issuing the warrant, the Magistrate must immediately fax a 21
copy to the authorised person if it is reasonably practicable to fax the copy. 22
(5) If it is not reasonably practicable to fax a copy of the warrant to the 23
authorised person-- 24
(a) the Magistrate must-- 25
(i) record on the warrant the reasons for issuing the warrant; 26
and 27
(ii) tell the authorised person the date and time the warrant was 28
signed; and 29
(iii) tell the authorised person the warrant's terms; and 30
s 148 79 s 148
Electricity
(b) the authorised person must write on a form of warrant (the 1
"warrant form")-- 2
(i) the Magistrate's name; and 3
(ii) the date and time the Magistrate signed the warrant; and 4
(iii) the warrant's terms. 5
(6) The facsimile warrant, or the warrant form properly completed by the 6
authorised person, authorises the entry and the exercise of the other powers 7
mentioned in the warrant issued by the Magistrate. 8
(7) The authorised person must, at the first reasonable opportunity, send 9
to the Magistrate-- 10
(a) the sworn application; and 11
(b) if a warrant form was required to be completed by the authorised 12
person--the completed warrant form. 13
(8) On receiving the documents, the Magistrate must attach them to the 14
warrant. 15
(9) Unless the contrary is proven, a court must presume that a power 16
exercised by an authorised person was not authorised by a warrant issued 17
under this section if-- 18
(a) a question arises, in a proceeding before the court, whether the 19
exercise of power was authorised by a warrant; and 20
(b) the warrant is not produced in evidence. 21
powers after entering places 22
General
148.(1) An authorised person who enters a place under this Part may-- 23
(a) search any part of the place; or 24
(b) inspect, test, photograph or film anything in or on the place; or 25
(c) copy a document in or on the place; or 26
(d) take samples of or from anything in or on the place; or 27
(e) take into or onto the place any persons, equipment and materials 28
the authorised person reasonably requires for exercising a power 29
under this Part; or 30
s 149 80 s 149
Electricity
(f) require the occupier of the place, or a person in or on the place, to 1
give the authorised person reasonable help to exercise the 2
authorised person's powers under paragraphs (a) to (e). 3
(2) A person required to give reasonable help under subsection (1)(f) 4
must comply with the requirement, unless the person has a reasonable 5
excuse. 6
Maximum penalty--8 penalty units. 7
(3) If the requirement is to be complied with by the person-- 8
(a) giving information; or 9
(b) producing a document (other than a document required to be kept 10
by the person under this Act); 11
it is a reasonable excuse for the person to fail to comply with the 12
requirement, if complying with the requirement might incriminate the 13
person. 14
(4) If an authorised person may exercise a power under this section or 15
another provision of this Part and under another provision of this Act, the 16
authorised person may exercise the power under either or both provisions. 17
(5) This section does not apply to an authorised person who enters a 18
place to get the occupier's consent unless the consent is given or the entry is 19
otherwise authorised. 20
to seize evidence 21
Power
149.(1) An authorised person who enters a place under this Part with a 22
warrant may seize the evidence for which the warrant was issued. 23
(2) An authorised person who enters a place under this Part with the 24
occupier's consent may seize the thing if-- 25
(a) the authorised person believes on reasonable grounds the thing is 26
evidence of an offence against this Act; and 27
(b) seizure of the thing is consistent with the purpose of entry as told 28
to the occupier in seeking the occupier's consent. 29
(3) An authorised person may also seize another thing if the authorised 30
person believes on reasonable grounds-- 31
s 150 81 s 150
Electricity
(a) the thing is evidence of an offence against this Act; and 1
(b) the seizure is necessary to prevent the thing being-- 2
(i) concealed, lost or destroyed; or 3
(ii) used to commit, continue or repeat the offence. 4
(4) Having seized a thing, an authorised person may-- 5
(a) remove the thing from the place where the thing was seized (the 6
"place of seizure") to another place; or 7
(b) leave the thing at the place of seizure but restrict access to the 8
thing. 9
10
Example of subsection (4)(b)--
11
An authorised person may--
12
(a) seal a thing and mark it to show it has been seized; or
13
(b) seal the entrance to a room where the seized thing is situated and mark it
14
to show it contains a thing that has been seized.
(5) If an authorised person restricts access to a seized thing, a person 15
must not tamper with the thing without the approval of the Regulator. 16
Maximum penalty--30 penalty units. 17
for seized things 18
Receipt
150.(1) As soon as practicable after a thing is seized by an authorised 19
person under this Part, the authorised person must give a receipt for it to the 20
person from whom it was seized. 21
(2) However, if for any reason it is not practicable to comply with 22
subsection (1), the authorised person must leave the receipt, at the place of 23
seizure in a reasonably secure way and in a conspicuous position. 24
(3) Subsection (1) does not apply if-- 25
(a) the thing is unattended when seized; and 26
(b) the thing's owner is unknown; and 27
(c) the owner cannot be found after reasonable inquiries (given the 28
thing's value) have been made. 29
s 151 82 s 153
Electricity
to seized things 1
Access
151. Until a seized thing is forfeited, returned or otherwise finally dealt 2
with, an authorised person must allow its owner-- 3
(a) to inspect it; or 4
(b) if it is a document--to make copies of it. 5
of seized things 6
Return
152.(1) This section does not apply to a thing forfeited to the State. 7
(2) The authorised person must return a seized thing to its owner at the 8
end of-- 9
(a) 6 months; or 10
(b) if a prosecution for an offence involving it is started within 11
6 months--the prosecution and any appeal from the prosecution. 12
(3) Despite subsection (2), the authorised person must return the seized 13
thing to its owner immediately the authorised person stops being satisfied 14
its retention as evidence is necessary. 15
(4) However, the authorised person need not return the seized thing if the 16
authorised person believes, on reasonable grounds, it is necessary to 17
continue to retain it to prevent its use in committing an offence. 18
ART 2--OTHER INVESTIGATIVE POWERS 19
P
Division 1--Electricity restriction regulations and emergency rationing 20
orders 21
to places to investigate compliance with emergency rationing 22
Entry
orders 23
153. An authorised person may, at any reasonable time, enter a place to 24
investigate compliance with an emergency rationing order if the authorised 25
s 154 83 s 155
Electricity
person suspects, on reasonable grounds, the order is not being complied 1
with in the place. 2
for contravening regulation or order 3
Disconnection
154.(1) If a person contravenes an electricity restriction regulation or an 4
emergency rationing order, an authorised person may, without notice to the 5
person, disconnect supply to the person, including, for example, to any 6
electrical installation or premises of the person. 7
(2) An electricity entity may refuse to reconnect supply to the person 8
until-- 9
(a) whichever of the following happens first-- 10
(i) the person agrees not to contravene the regulation or order; 11
(ii) the regulation or order ceases to be in force; and 12
(b) the person pays any reasonable disconnection or reconnection 13
fees required by the entity. 14
(3) However, despite the person's agreement not to contravene the 15
regulation or order, the electricity entity may refuse to reconnect supply if it 16
is of the opinion that, because of the person's previous conduct, the person 17
will not comply with the agreement. 18
Division 2--Safety issues 19
to places to investigate accidents involving electricity etc. 20
Entry
155.(1) This section applies if an authorised person suspects, on 21
reasonable grounds, that an accident has happened at a place-- 22
(a) involving the use of electricity; or 23
(b) involving an electrical installation or works in which a person-- 24
(i) received, or may have received, an electric shock; or 25
(ii) suffered, or may have suffered, serious personal injury; or 26
(iii) died or may have died. 27
(2) The authorised person may enter the place at any reasonable time to 28
s 156 84 s 156
Electricity
investigate the accident, ensure the place is safe and prevent the 1
concealment, loss or destruction of anything reasonably relevant to the 2
investigation. 3
(3) The authorised person may do anything necessary and reasonable for 4
a purpose mentioned in subsection (2). 5
to place to make electrical installation or works safe etc. 6
Entry
156.(1) This section applies if an authorised person suspects, on 7
reasonable grounds, that-- 8
(a) an electrical installation or works may be defective; and 9
(b) the defect is likely to cause a fire, or a person to suffer an electric 10
shock or other personal injury. 11
(2) The authorised person may, at any time, enter the place and take any 12
necessary and reasonable action to make the installation or works safe. 13
(3) Without limiting subsection (2), the authorised person may 14
disconnect the installation or works, or the defective part of the installation 15
or works. 16
(4) Alternatively, the authorised person may, by written notice given to 17
the owner or person apparently in charge of the installation or works, 18
require the person to disconnect immediately the installation or works, or 19
the defective part of the installation or works. 20
(5) If the authorised person disconnects something under subsection (3), 21
the authorised person must-- 22
(a) immediately give the owner or person apparently in charge of the 23
electrical installation or works written notice of the disconnection 24
and of the terms of subsection (3); and 25
(b) as soon as practicable give the person written reasons for the 26
disconnection. 27
(6) A person must not reconnect the electrical installation, works or part 28
until the defect has been rectified or the defective part disconnected or 29
isolated from all electricity sources. 30
Maximum penalty--8 penalty units. 31
(7) A person to whom a notice is given under subsection (4) must 32
s 157 85 s 159
Electricity
comply with it, unless the person has a reasonable excuse. 1
Maximum penalty--8 penalty units. 2
to places to check safety of works 3
Entry
157.(1) An authorised person may, at any reasonable time, enter a place 4
if the person suspects, on reasonable grounds, that-- 5
(a) there are works in the place; and 6
(b) it is necessary or desirable to check the electrical safety of any of 7
the works. 8
(2) After entering the place, the authorised person may check the 9
electrical safety of any works in the place. 10
to workplaces to check electrical work etc. 11
Entry
158.(1) An authorised person may, at any reasonable time, enter a 12
workplace (within the meaning of the Workplace Health and Safety Act 13
1989) to check-- 14
(a) whether action being taken, or suspected of being taken, in the 15
workplace is electrical work; or 16
(b) whether electrical work has been, or is being, performed in the 17
workplace in accordance with this Act; or 18
(c) the identity and qualifications of a person who has performed, or 19
is performing, electrical work. 20
(2) After entering the workplace, the authorised person may inspect, test, 21
photograph or film anything in the workplace. 22
to business places to check safety of electrical articles 23
Entry
159.(1) An authorised person may enter a place of business when it is 24
open for the conduct of business or otherwise open to entry if the person 25
suspects, on reasonable grounds, that-- 26
(a) there are electrical articles ("commercial electrical articles") in 27
the place that are intended for sale or hire by a person in trade or 28
commerce; and 29
s 160 86 s 160
Electricity
(b) it is necessary or desirable to check the electrical safety of any of 1
the commercial electrical articles. 2
(2) After entering the place, the authorised person may check the 3
electrical safety of any of the commercial electrical articles. 4
Division 3--Cathodic protection systems 5
to examine or inspect cathodic protection system etc. 6
Entry
160.(1) An authorised person may, at any reasonable time, enter a place 7
to examine or inspect a cathodic protection system in the place. 8
(2) However, the authorised person may enter the place only if-- 9
(a) the occupier of the place consents to the entry; or 10
(b) the authorised person gives the occupier at least 7 days notice of 11
the intended entry. 12
(3) The notice must state a period of not more than 1 month when entry 13
will be made. 14
(4) The notice is sufficient notice for each entry made during the stated 15
period. 16
(5) If the authorised person believes, on reasonable grounds, that the 17
cathodic protection system is being operated in contravention of this Act, 18
the authorised person may take any necessary and reasonable action to 19
make the system inoperable. 20
(6) Alternatively, the authorised person may, by written notice given to 21
the person apparently in charge of the cathodic protection system, require 22
the person to immediately make the system inoperable. 23
(7) The person given notice under subsection (6) must comply with the 24
notice. 25
Maximum penalty--8 penalty units. 26
(8) An authorised person who makes a cathodic protection system 27
inoperable under this section must, when practicable, give written reasons 28
for making the system inoperable to the person apparently in charge of the 29
system. 30
s 161 87 s 162
Electricity
(9) A person must not again make the cathodic protection system 1
operable until this Act is complied with. 2
Maximum penalty--8 penalty units. 3
4--Other powers of authorised persons 4
Division
not to sell or hire unsafe electrical articles 5
Direction
161.(1) If an authorised person believes, on reasonable grounds, that a 6
particular electrical article, or an electrical article of a particular type, is likely 7
to cause a fire or an electrical accident in which a person suffers an electric 8
shock or other personal injury, the authorised person may, by written notice 9
given to a person, direct the person not to sell or hire the electrical article or 10
an electrical article of that type. 11
(2) The person must not contravene the direction. 12
Maximum penalty--8 penalty units. 13
(3) If the direction is about a particular electrical article and an authorised 14
person believes, on reasonable grounds, that the person has contravened the 15
direction, the authorised person may seize the electrical article. 16
(4) If the direction is about a type of electrical article and an authorised 17
person believes, on reasonable grounds, that the person has contravened the 18
direction, the authorised person may seize all electrical articles of that type in 19
the person's possession. 20
(5) Unless the person from whom the electrical article or articles were 21
seized agrees with an authorised person, within 6 months after the seizure, 22
to take the action the authorised person requires to make it or them safe, the 23
electrical article or articles are forfeited to the State. 24
to require name and address 25
Power
162.(1) An authorised person may require a person to state the person's 26
name and address if the authorised person-- 27
(a) finds the person committing an offence against this Act; or 28
(b) finds the person in circumstances that lead, or has information 29
s 163 88 s 163
Electricity
that leads, the authorised person to suspect, on reasonable 1
grounds, the person has just committed an offence against this 2
Act; or 3
(c) believes, on reasonable grounds, that the person is performing or 4
has just performed electrical work. 5
(2) When making the requirement, the authorised person must warn the 6
person it is an offence to fail to state the person's name and address, unless 7
the person has a reasonable excuse. 8
(3) The authorised person may require the person to give evidence of the 9
correctness of the person's stated name or address if the authorised person 10
suspects, on reasonable grounds, that the stated name or address is false. 11
(4) A person must comply with a requirement under subsection (1) or 12
(3), unless the person has a reasonable excuse for not complying with it. 13
Maximum penalty--8 penalty units. 14
(5) The person does not commit an offence against this section if-- 15
(a) the authorised person required the person to state the person's 16
name and address on suspicion of the person having committed 17
an offence against this Act; and 18
(b) the person is not proved to have committed the offence. 19
(6) The person does not commit an offence against this section if-- 20
(a) the authorised person required the person to state the person's 21
name and address on suspicion of the person having performed 22
electrical work; and 23
(b) the person is not proved to have performed electrical work. 24
to require production of certain documents 25
Power
163.(1) An authorised person may require a person to produce to the 26
authorised person for inspection a document required to be kept by the 27
person under this Act. 28
(2) The person must produce the document for inspection, unless the 29
person has a reasonable excuse for not producing it. 30
Maximum penalty--40 penalty units. 31
s 164 89 s 165
Electricity
(3) The authorised person may keep the document to take an extract from 1
or make a copy of it. 2
(4) If the authorised person makes a copy of the document, or an entry in 3
the document, the authorised person may require the person responsible for 4
keeping the document to certify the copy as a true copy of the document or 5
entry. 6
(5) The person responsible for keeping the document must comply with 7
a requirement made under subsection (4), unless the person has a 8
reasonable excuse. 9
Maximum penalty--40 penalty units. 10
(6) The authorised person must return the document to the person as 11
soon as practicable after taking the extract or making the copy. 12
5--Other enforcement matters 13
Division
of damage by authorised persons 14
Notice
164.(1) This section applies if an authorised person damages anything 15
when exercising or purporting to exercise a power under this Chapter. 16
(2) The authorised person must immediately give written notice of the 17
particulars of the damage to the person who appears to be the thing's 18
owner. 19
(3) However, if for any reason it is not practicable to comply with 20
subsection (2), the authorised person must leave the notice, in a reasonably 21
secure way and in a conspicuous position, at the place where the damage 22
happened. 23
(4) In this section-- 24
"owner" of a thing includes the person in possession or control of the 25
thing. 26
27
Compensation
165.(1) A person who incurs loss or expense because of the exercise or 28
purported exercise of a power under this Chapter by an authorised person 29
s 166 90 s 167
Electricity
may claim compensation against the State. 1
(2) Compensation may be claimed and ordered in a proceeding-- 2
(a) brought in a court with jurisdiction for the recovery of 3
compensation; or 4
(b) for an offence against this Act brought against the person making 5
the claim for compensation. 6
(3) A court may order compensation to be paid only if it is satisfied it is 7
just to make the order in the circumstances of the particular case. 8
(4) A regulation may prescribe matters that may, or must, be taken into 9
account by the court when considering whether it is just to make the order. 10
HAPTER 8--SAFETY AND TECHNICAL ISSUES 11
C
to transmission grid or supply network to comply with 12
Connection
conditions for connection 13
166.(1) In connecting something to a transmission grid or supply 14
network, a person must comply with the technical conditions for the 15
connection. 16
Maximum penalty--8 penalty units. 17
(2) An electricity entity may disconnect anything that is connected to its 18
transmission grid or supply network in contravention of the technical 19
conditions. 20
to give notice of electrical accident 21
Occupier
167.(1) This section applies if a person suffers an electric shock or other 22
personal injury because of an electrical accident at a place. 23
(2) The occupier of the place must immediately tell the authorised 24
supplier (or, if there is no authorised supplier, the supply entity) in whose 25
supply area the accident happened about the accident, unless the occupier 26
has a reasonable excuse. 27
s 168 91 s 169
Electricity
(3) The occupier must also take the reasonable steps necessary to prevent 1
interference with equipment associated with the accident until the accident 2
has been investigated. 3
Maximum penalty--8 penalty units. 4
(4) Subsection (3) does not apply to action reasonably taken to prevent a 5
further shock or injury. 6
electrical contractor to give notice of electrical accident 7
Licensed
168.(1) This section applies if a person suffers electric shock or other 8
personal injury because of an electrical accident that happens while electrical 9
work is being carried out on an electrical installation by a licensed electrical 10
contractor or an employee of the contractor. 11
(2) The licensed electrical contractor must immediately tell the authorised 12
supplier (or, if there is no authorised supplier, the supply entity) in whose 13
supply area the accident happened about the accident. 14
Maximum penalty--8 penalty units. 15
(3) However, if the licensed electrical contractor cannot report the 16
accident immediately because of injury suffered by the electrical contractor 17
in the accident, the electrical contractor must tell the supplier or entity as 18
soon as practicable after the accident. 19
Maximum penalty--8 penalty units. 20
approval holders to give notice of electrical accident 21
Special
169.(1) This section applies if a person suffers electric shock or other 22
personal injury because of an electrical accident on a special approval 23
holder's works. 24
(2) The special approval holder must immediately tell the authorised 25
supplier (or, if there is no authorised supplier, the Regulator) in whose 26
supply area the accident happened about the accident. 27
Maximum penalty--8 penalty units. 28
s 170 92 s 172
Electricity
entity to advise Regulator immediately of accident 1
Electricity
170.(1) An electricity entity must immediately tell the Regulator if it 2
becomes aware of-- 3
(a) an accident involving death or serious personal injury on its 4
works or 1 of its electrical installations; or 5
(b) for a supply entity or authorised supplier--an electrical accident 6
involving death or serious personal injury on an electrical 7
installation in its supply area. 8
(2) However, subsection (1) does not apply to an electricity entity if the 9
entity reasonably believes the Regulator has already been told about the 10
accident. 11
(3) The Regulator may direct an electricity entity to ensure that 12
equipment, lines, poles, electrical articles, appliances or anything else at the 13
place where the accident happened are not removed or interfered with until 14
an authorised person inspects the place. 15
(4) The direction may be given orally or in writing to an employee of the 16
electricity entity or anyone else acting for the entity. 17
(5) An electricity entity must ensure that a direction under subsection (3) 18
is complied with. 19
entity to ensure accident investigated and reported to 20
Electricity
Regulator 21
171.(1) On receiving a report of an accident, an electricity entity must 22
ensure an authorised person immediately investigates the accident and 23
reports to the entity in the way prescribed under the regulations. 24
(2) The electricity entity must give the report to the Regulator within 25
7 days of receiving it, and must not give the report or a copy of it to anyone 26
else. 27
about electrical articles or work 28
Misrepresentations
172.(1) A person must not, in trade or commerce, represent that 29
someone who is not a licensed electrical worker may lawfully-- 30
(a) connect to electricity supply an electrical article that may only be 31
s 173 93 s 176
Electricity
connected to electricity supply by a licensed electrical worker; or 1
(b) do electrical work that may only be done by a licensed electrical 2
worker. 3
(2) A person must take all reasonable steps to ensure the person's 4
employees do not make a representation mentioned in subsection (1). 5
Maximum penalty--8 penalty units. 6
and electrical installations not to be unsafe 7
Works
173. A person who owns or operates works or an electrical installation 8
must take all reasonable steps to ensure they are not unsafe. 9
Maximum penalty--20 penalty units. 10
inspection and testing of certain electrical installation 11
Examination,
work 12
174. An electricity entity must ensure electrical installation work 13
prescribed under the regulations is examined, inspected and tested as 14
required under the regulations. 15
Maximum penalty--20 penalty units. 16
standards for works and electrical installations to be complied 17
Safety
with 18
175. A person who owns or operates works or an electrical installation 19
must ensure the works or installation complies, and is operated in 20
accordance with, all safety standards prescribed under the regulations. 21
Maximum penalty--20 penalty units. 22
anything built contrary to Act 23
Removing
176.(1) The Regulator may, by written notice to a person, require the 24
person to remove anything built by the person in contravention of this Act. 25
(2) The person must comply with the notice within the reasonable period 26
stated in the notice, unless the person has a reasonable excuse for not 27
s 177 94 s 177
Electricity
complying with the notice. 1
Maximum penalty--8 penalty units. 2
unsafe things safe 3
Making
177.(1) This section applies if the Regulator believes, on reasonable 4
grounds, that the whole or part of a person's electrical installation, works or 5
electrical article (the "thing") is unsafe. 6
(2) The Regulator may require-- 7
(a) the person to disconnect, remove or repair the thing; or 8
(b) the person to make the thing safe to the Regulator's satisfaction; 9
or 10
(c) the relevant electricity entity to disconnect electricity supply to the 11
thing. 12
(3) The requirement must be made by-- 13
(a) written notice; or 14
(b) if the Regulator believes the thing so unsafe that immediate action 15
should be taken by the person or electricity entity--oral notice. 16
(4) However, if an oral notice is given, the Regulator must promptly give 17
the person or electricity entity a document confirming the oral notice. 18
(5) The person or electricity entity must comply with the notice within 19
the reasonable period stated in the notice, unless the person has a reasonable 20
excuse for not complying with the notice. 21
Maximum penalty--8 penalty units. 22
(6) If the person or electricity entity does not comply with the notice, the 23
Regulator may take the action that is reasonable and necessary to have the 24
requirement carried out. 25
(7) A person, authorised in writing by the Regulator, may do what is 26
reasonable and necessary to carry out the requirement. 27
28
Example--
29
The person may enter the place where the works or an electrical installation is
30
situated without notice.
s 178 95 s 179
Electricity
(8) The costs incurred in carrying out the requirement may be recovered 1
from the person or electricity entity as a debt owed to the State. 2
HAPTER 9--AUTHORITIES AND APPROVALS 3
C
ART 1--GENERATION AUTHORITIES 4
P
of generation authorities 5
Issue
178.(1) The Regulator may issue a generation authority to a person. 6
(2) The authority must state-- 7
(a) the generating plant that may be connected; and 8
(b) the transmission grid or supply network to which it may be 9
connected; and 10
(c) the term of the authority. 11
(3) Generating plant may be stated in the authority even though it has not 12
been built when the authority is issued. 13
for generation authority 14
Application
179.(1) An application for the issue of a generation authority must-- 15
(a) be made to the Regulator in the form approved by the Regulator; 16
and 17
(b) state-- 18
(i) the generating plant proposed to be connected; and 19
(ii) the transmission grid or supply network to which it is 20
proposed to be connected; and 21
(c) be accompanied by the fees prescribed under the regulations, 22
including any fee for investigating whether the authority should 23
s 180 96 s 180
Electricity
be issued. 1
(2) If asked in writing by the Regulator, the applicant must give the 2
further relevant information or evidence the Regulator requires to decide the 3
application. 4
of application for generation authority 5
Consideration
180.(1) The Regulator must consider an application for the issue of a 6
generation authority and may issue, or refuse to issue, the authority. 7
(2) The Regulator may issue the authority only if satisfied-- 8
(a) the applicant will operate the generating plant stated in the 9
application; and 10
(b) the generating plant will be able to provide electricity of a quality 11
suitable for the transmission grid or supply network stated in the 12
application; and 13
(c) the applicant is a suitable person to be a generation entity; and 14
(d) the owner or proposed owner of the generating plant (whether or 15
not the applicant) is a suitable person to be the owner; and 16
(e) the applicant meets the additional criteria prescribed under the 17
regulations. 18
(3) In deciding whether the applicant is a suitable person to be a 19
generation entity, or the owner or proposed owner of the generating plant 20
(whether or not the applicant) is a suitable person to be the owner, the 21
Regulator may consider-- 22
(a) the person's previous commercial and other dealings and the 23
standard of honesty and integrity shown in the dealings; and 24
(b) any failure by the person to perform commercial or statutory 25
obligations and the reasons for the failure; and 26
(c) the person's criminal history; and 27
(d) if the person is a corporation--the matters mentioned in 28
paragraphs (a) to (c) for persons who are shareholders, directors 29
or holders of other interests in the corporation; and 30
(e) for the applicant--the applicant's competence to be the operator; 31
s 181 97 s 182
Electricity
and 1
(f) additional matters prescribed under the regulations. 2
(4) A regulation may prescribe matters the Regulator must or may 3
consider in deciding the applicant's competence to be the operator. 4
(5) In deciding whether to issue the authority, the Regulator must 5
consider-- 6
(a) relevant Government policies about environmental and energy 7
issues and the likely environmental effects of building and 8
operating the generating plant; and 9
(b) additional matters prescribed under the regulations. 10
(6) In deciding whether to issue the authority, the Regulator may 11
consider matters prescribed under the regulations. 12
(7) In deciding whether to issue the authority, the Regulator must not 13
consider-- 14
(a) the applicant's existing or likely future share of the electricity 15
market or, if the applicant is not the owner or proposed owner of 16
the generating plant, the owner's existing or likely future share of 17
the electricity market; or 18
(b) the number of generation authorities in force; or 19
(c) additional matters prescribed under the regulations. 20
of refusal to issue generation authority 21
Notice
181. If the Regulator refuses to issue the generation authority sought by 22
an applicant, the Regulator must promptly give the applicant a written notice 23
informing the applicant of the refusal, the reasons for the refusal and the 24
applicant's right of appeal. 25
of generation authorities 26
Amendment
182. The Regulator may, with a generation entity's agreement, amend its 27
generation authority. 28
s 183 98 s 186
Electricity
of conditions stated in generation authorities 1
Amendment
183. The Regulator may, with a generation entity's agreement, amend the 2
conditions stated in its authority. 3
authorities not transferable 4
Generation
184. A generation authority cannot be transferred. 5
of generation authorities 6
Surrender
185.(1) A generation entity may surrender its authority by giving the 7
Regulator written notice of surrender. 8
(2) The notice must be given to the Regulator at least-- 9
(a) 6 months before it is to take effect; or 10
(b) if the authority requires a longer period of notice--the required 11
period of notice before it is to take effect. 12
(3) However, the Regulator may agree to a shorter period of notice in a 13
particular case. 14
ART 2--TRANSMISSION AUTHORITIES 15
P
of transmission authorities 16
Issue
186.(1) The Regulator may issue a transmission authority to a person. 17
(2) The authority must state-- 18
(a) the transmission grid that may be operated; and 19
(b) if it may be connected to another transmission grid--the other 20
transmission grid to which it may be connected; and 21
(c) the term of the authority. 22
(3) A transmission grid may be stated in the authority even though it has 23
not been built when the authority is issued. 24
s 187 99 s 189
Electricity
(4) The authority may, but need not, state-- 1
(a) the precise limits of the transmission grid; or 2
(b) that the transmission grid is to operate in a stated area. 3
(5) The transmission grid mentioned in subsection (2)(b) may be a 4
transmission grid outside the State. 5
authorities for same area 6
Transmission
187. The Regulator may issue 2 or more transmission authorities for the 7
same area. 8
for transmission authority 9
Application
188.(1) An application for the issue of a transmission authority must-- 10
(a) be made to the Regulator in the form approved by the Regulator; 11
and 12
(b) state-- 13
(i) the transmission grid proposed to be operated; and 14
(ii) if it is proposed the transmission grid be connected to 15
another transmission grid--the transmission grid to which it 16
is proposed to be connected; and 17
(c) be accompanied by the fees prescribed under the regulations, 18
including any fee for investigating whether the authority should 19
be issued. 20
(2) If asked in writing by the Regulator, the applicant must give the 21
further relevant information or evidence the Regulator requires to decide the 22
application. 23
of application for authority 24
Consideration
189.(1) The Regulator must consider an application for the issue of a 25
transmission authority and may issue, or refuse to issue, the authority. 26
(2) The Regulator may issue the authority only if satisfied-- 27
(a) the applicant is operating, or will operate, the transmission grid 28
s 189 100 s 189
Electricity
stated in the application; and 1
(b) the transmission grid has, or will have, the technical capabilities to 2
provide for transmission of electricity of a quality likely to be 3
needed to be transmitted through the transmission grid and the 4
proposed transmission of electricity is, or will be, adequate, safe 5
and reliable; and 6
(c) the applicant is a suitable person to be a transmission entity; and 7
(d) the owner or proposed owner of the transmission grid (whether 8
or not the applicant) is a suitable person to be the owner; and 9
(e) the applicant meets the additional criteria prescribed under the 10
regulations. 11
(3) In deciding whether the applicant is a suitable person to be a 12
transmission entity, or the owner or proposed owner of the transmission 13
grid (whether or not the applicant) is a suitable person to be the owner, the 14
Regulator may consider-- 15
(a) the person's previous commercial and other dealings and the 16
standard of honesty and integrity shown in the dealings; and 17
(b) any failure by the person to perform commercial or statutory 18
obligations and the reasons for the failure; and 19
(c) the person's criminal history; and 20
(d) if the person is a corporation--the matters mentioned in 21
paragraphs (a) to (c) for persons who are shareholders, directors 22
or holders of other interests in the corporation; and 23
(e) for the applicant--the applicant's competence to be the operator; 24
and 25
(f) additional matters prescribed under the regulations. 26
(4) A regulation may prescribe matters the Regulator must or may 27
consider in deciding the applicant's competence to be the operator. 28
(5) In deciding whether to issue the authority, the Regulator must 29
consider-- 30
(a) relevant Government policies about environmental and energy 31
issues and the likely environmental effects of building and 32
operating the transmission grid; and 33
s 190 101 s 194
Electricity
(b) additional matters prescribed under the regulations. 1
(6) In deciding whether to issue the authority, the Regulator may 2
consider-- 3
(a) the capacity of transmission grids for which authorities have been 4
issued; and 5
(b) additional matters prescribed under the regulations. 6
of refusal to issue transmission authority 7
Notice
190. If the Regulator refuses to issue the transmission authority sought 8
by an applicant, the Regulator must promptly give the applicant a written 9
notice informing the applicant of the refusal, the reasons for the refusal and 10
the applicant's right of appeal. 11
of transmission authorities 12
Amendment
191. The Regulator may, with a transmission entity's agreement, amend 13
its authority-- 14
(a) to change the transmission grid that may be operated under the 15
authority; or 16
(b) to authorise connection to a transmission grid; or 17
(c) to change a transmission grid to which connection may be made. 18
of conditions stated in transmission authorities 19
Amendment
192. The Regulator may, with a transmission entity's agreement, amend 20
the conditions stated in its authority. 21
authorities not transferable 22
Transmission
193. A transmission authority cannot be transferred. 23
of transmission authorities 24
Surrender
194.(1) A transmission entity may surrender its authority by giving the 25
Regulator written notice of surrender. 26
s 195 102 s 197
Electricity
(2) The notice must be given to the Regulator at least-- 1
(a) 6 months before it is to take effect; or 2
(b) if the authority requires a longer period of notice--the required 3
period of notice before it is to take effect. 4
(3) However, the Regulator may agree to a shorter period of notice in a 5
particular case. 6
ART 3--SUPPLY ENTITY AUTHORITIES 7
P
of supply entity authorities 8
Issue
195.(1) The Regulator may issue a supply entity authority to a person. 9
(2) The authority may state the term of the authority. 10
for authority 11
Application
196.(1) An application for the issue of a supply entity authority must-- 12
(a) be made to the Regulator in the form approved by the Regulator; 13
and 14
(b) state the proposed supply 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
197.(1) The Regulator must consider an application for the issue of a 23
supply entity authority and may give, or refuse to give, the authority. 24
(2) The Regulator may issue the authority only if satisfied-- 25
s 197 103 s 197
Electricity
(a) the applicant is operating, or will operate, the supply network 1
stated in the application; and 2
(b) the applicant is a suitable person to be a supply entity; and 3
(c) the owner or proposed owner of the supply network (whether or 4
not the applicant) is a suitable person to be the owner; and 5
(d) the applicant meets the additional criteria prescribed under the 6
regulations. 7
(3) In deciding whether the applicant is a suitable person to be a supply 8
entity, or the owner or proposed owner of the supply network (whether or 9
not the applicant) is a suitable person to be the owner, the Regulator may 10
consider-- 11
(a) the person's previous commercial and other dealings and the 12
standard of honesty and integrity shown in the dealings; and 13
(b) any failure by the person to perform commercial or statutory 14
obligations and the reasons for the failure; and 15
(c) the person's criminal history; and 16
(d) if the person is a corporation--the matters mentioned in 17
paragraphs (a) to (c) for persons who are shareholders, directors 18
or holders of other interests in the corporation; and 19
(e) for the applicant--the applicant's competence to be a supply 20
entity; and 21
(f) additional matters prescribed under the regulations. 22
(4) A regulation may prescribe matters the Regulator must or may 23
consider in deciding the applicant's competence to be a supply entity. 24
(5) In deciding whether to issue the authority, the Regulator must 25
consider-- 26
(a) relevant Government policies about environmental and energy 27
issues and the likely environmental effects of the activities 28
proposed to be done under the authority; and 29
(b) additional matters prescribed under the regulations. 30
(6) In deciding whether to issue the authority, the Regulator may 31
consider additional matters prescribed under the regulations. 32
s 198 104 s 202
Electricity
(7) In deciding whether to issue the authority, the Regulator must not 1
consider-- 2
(a) the applicant's existing or likely future share of the electricity 3
market; or 4
(b) the number of supply entity authorities in force; or 5
(c) additional matters prescribed under the regulations. 6
of refusal to issue authority 7
Notice
198. If the Regulator refuses to issue a supply entity authority sought by 8
an applicant, the Regulator must promptly give the applicant a written notice 9
informing the applicant of the refusal, the reasons for the refusal and the 10
applicant's right of appeal. 11
of supply entity authorities 12
Amendment
199. The Regulator may, with a supply entity's agreement, amend its 13
supply entity authority. 14
of conditions stated in supply entity authorities 15
Amendment
200. The Regulator may, with a supply entity's agreement, amend the 16
conditions stated in its authority. 17
entity authorities not transferable 18
Supply
201. A supply entity authority cannot be transferred. 19
of supply entity authorities 20
Surrender
202. A supply entity may surrender its authority only with the 21
Regulator's agreement. 22
s 203 105 s 206
Electricity
PART 4--AUTHORISED SUPPLIER AUTHORITIES 1
of authorised supplier authorities 2
Issue
203.(1) A supply entity may issue an authorised supplier authority to its 3
subsidiary or someone else for the whole or a part of, the entity's supply 4
area. 5
(2) The authority must state the person's supply area. 6
to be considered before issuing authorised supplier authority 7
Matters
204. In deciding whether to issue an authorised supplier authority, the 8
supply entity must consider relevant Government policies about 9
environmental and energy issues and the likely environmental effects of the 10
activities proposed to be done under the authority. 11
of authorised supplier authority 12
Conditions
205.(1) The supply entity that issues an authorised supplier authority 13
may decide the conditions to which it is subject. 14
(2) This section is subject to section 52 (Conditions of authorised 15
supplier authority). 16
or amendment of authorised supplier authority 17
Cancellation
206.(1) A supply entity may cancel or amend an authorised supplier 18
authority issued by it if the authorised supplier contravenes the authority's 19
conditions or the Regulator directs it to cancel or amend the authority. 20
(2) If the supply entity considers that a ground exists to cancel or amend 21
the authorised supplier authority, the supply entity must, before taking the 22
action, give the authorised supplier written notice-- 23
(a) stating that it is considering cancelling or amending the authority; 24
and 25
(b) stating the grounds for the proposed cancellation or amendment; 26
and 27
s 207 106 s 207
Electricity
(c) outlining the facts and circumstances forming the basis for the 1
grounds; and 2
(d) inviting the supplier to show, within a stated time of at least 3
28 days, why the authority should not be cancelled or amended. 4
(3) If, after considering all written representations made by the authorised 5
supplier within the stated time, the supply entity still considers a ground 6
exists to cancel or amend the authority, the supply entity may cancel or 7
amend the authority. 8
(4) The supply entity must inform the authorised supplier of the decision 9
by written notice. 10
(5) If the supply entity decides to cancel or amend the authority, the 11
notice must state the reasons for the decision. 12
(6) The decision takes effect on the later of-- 13
(a) the day when the notice is given to the authorised supplier; or 14
(b) the day of effect stated in the notice. 15
(7) A supply entity may cancel or amend an authorised supplier authority 16
it has issued to its subsidiary. 17
(8) Subsections (2) to (6) do not apply to-- 18
(a) the cancellation of an authorised supplier authority under 19
subsection (7); or 20
(b) the cancellation or amendment of an authorised supplier authority 21
at the Regulator's direction; or 22
(c) the cancellation of an authorised supplier authority under the 23
terms of the authority; or 24
(d) the amendment of an authorised supplier authority with the 25
authorised supplier's agreement. 26
(9) A reference in this section to amending an authority includes a 27
reference to amending its conditions. 28
of authorised supplier authorities 29
Surrender
207. An authorised supplier may surrender its authority only with its 30
supply entity's agreement. 31
s 208 107 s 211
Electricity
PART 5--SPECIAL APPROVALS 1
of special approvals 2
Giving
208. A special approval may be given under the regulations or by the 3
Regulator. 4
for special approval 5
Application
209.(1) An application for a special approval must-- 6
(a) be made to the Regulator in the form approved by the Regulator; 7
and 8
(b) state the things proposed to be done under the approval; and 9
(c) be accompanied by the fees prescribed under the regulations, 10
including any fee for investigating whether the approval should be 11
given. 12
(2) If asked in writing by the Regulator, the applicant must give the 13
further relevant information or evidence the Regulator requires to decide the 14
application. 15
of application for special approval 16
Consideration
210.(1) The Regulator must consider an application for the giving of a 17
special approval and may give, or refuse to give, the approval. 18
(2) In deciding whether to give the approval, the Regulator may consider 19
the matters that the Regulator considers appropriate. 20
of refusal to give special approval 21
Notice
211. If the Regulator refuses to give a special approval, the Regulator 22
must promptly give the applicant a written notice informing the applicant of 23
the refusal, the reasons for the refusal and the applicant's right of appeal. 24
s 212 108 s 215
Electricity
approvals not transferable 1
Special
212. A special approval cannot be transferred. 2
of special approvals 3
Surrender
213.(1) The holder of a special approval may surrender the approval by 4
giving the Regulator written notice of surrender. 5
(2) The notice must be given to the Regulator at least-- 6
(a) 6 months before it is to take effect; or 7
(b) if the approval requires a longer period of notice--the required 8
period of notice before it is to take effect. 9
(3) However, the Regulator may agree to a shorter period of notice in a 10
particular case. 11
HAPTER 10--REVIEW OF AND APPEALS 12
C
AGAINST DECISIONS 13
ART 1--REVIEW OF DECISIONS 14
P
may apply for review etc. 15
Who
214.(1) A person whose interests are affected by a decision mentioned in 16
Schedule 1 may apply to the Regulator for a review of the decision. 17
(2) A person who may seek a review of a decision is entitled to receive a 18
statement of reasons for the decision. 19
for review 20
Applying
215.(1) An application by a person for review of a decision must be 21
made within 28 days after notice of the decision is given to the person. 22
s 216 109 s 217
Electricity
(2) However, if-- 1
(a) the notice did not state reasons for the decision; and 2
(b) the person asked for a statement of reasons for the decision 3
within the period mentioned in subsection (1); 4
the person may make the application within 28 days after the person is 5
given the statement of reasons. 6
(3) In addition, the Regulator may extend the period for making an 7
application for review. 8
(4) An application for review must be written and state in detail the 9
grounds on which the applicant seeks review of the decision. 10
of operation of decision etc. 11
Stay
216.(1) If an application is made under this Part for review of a decision, 12
the applicant may immediately apply for a stay of the decision to the court 13
mentioned opposite the decision in Schedule 1. 14
(2) The court may stay the decision to secure the effectiveness of the 15
review and any later appeal to the court. 16
(3) A stay-- 17
(a) may be given on conditions the court considers appropriate; and 18
(b) operates for the period fixed by the court; and 19
(c) may be revoked or amended by the court. 20
(4) The period of a stay under this section must not extend past the time 21
when the Regulator reviews the decision and any later period the court 22
allows the applicant to enable the applicant to appeal against the Regulator's 23
decision. 24
(5) The making of an application under this Part for review of a decision 25
affects the decision, or the carrying out of the decision, only if the decision 26
is stayed. 27
panels, arbitration and mediation 28
Review
217.(1) A regulation may make provision about referring applications 29
s 218 110 s 218
Electricity
under this Part for review of decisions to-- 1
(a) review panels for advice; or 2
(b) mediation for resolution; or 3
(c) arbitration for decision. 4
(2) Without limiting subsection (1), a regulation may make provision 5
about-- 6
(a) the type of applications that must or may be referred to review 7
panels, mediation or arbitration; and 8
(b) establishing review panels; and 9
(c) the composition of review panels; and 10
(d) the appointment of mediators and arbitrators; and 11
(e) the conduct of proceedings before review panels, mediators and 12
arbitrators; and 13
(f) the making of recommendations by review panels, the resolving 14
of applications by mediation and the making of decisions by 15
arbitration. 16
on reconsideration 17
Decision
218.(1) This section applies to an application under this Part for review 18
of a decision (the "disputed decision"). 19
(2) If the application is not referred to a review panel, resolved by 20
mediation or decided by arbitration, the Regulator may confirm the disputed 21
decision, amend the disputed decision or substitute a new decision after 22
considering the applicant's representations. 23
(3) If the application is referred to a review panel, the Regulator may 24
confirm the disputed decision, amend the disputed decision or substitute a 25
new decision after considering the review panel's advice. 26
(4) If the application is resolved by mediation or decided by arbitration, 27
the Regulator must give effect to the resolution or decision and may, for the 28
purpose, confirm the disputed decision, amend the disputed decision or 29
substitute a new decision. 30
(5) The Regulator must immediately give the applicant written notice of 31
s 219 111 s 220
Electricity
the Regulator's decision on the application. 1
(6) If the decision is not the decision sought by the applicant, the notice 2
must state-- 3
(a) the reasons for the decision; and 4
(b) that the applicant may appeal against the decision to a stated court 5
within 28 days. 6
(7) If the Regulator was not the decision maker and the Regulator 7
amends the decision or substitutes a new decision, the amended or 8
substituted decision is, for this Act (other than this Chapter), taken to be a 9
decision of the decision maker. 10
PART 2--APPEALS 11
may make an appeal 12
Who
219.(1) A person whose interests are affected by a decision of the 13
Regulator under section 218 (Decision on reconsideration) may appeal 14
against the decision to the court mentioned in Schedule 1 opposite the 15
reference to the decision that was reviewed. 16
(2) However, a regulation may provide that a person may not appeal 17
against a decision of the Regulator giving effect to a resolution by mediation 18
or decision by arbitration. 19
appeals 20
Making
220.(1) An appeal under this Part against a decision of the Regulator 21
must be made within 28 days after the notice of the decision is given to the 22
person. 23
(2) However, if-- 24
(a) the notice did not state reasons for the decision; and 25
(b) the person asked for a statement of reasons for the decision 26
within the period mentioned in subsection (1); 27
s 221 112 s 223
Electricity
the person may make the application within 28 days after the person is 1
given the statement of reasons. 2
(3) In addition, the court may extend the period for making an appeal, 3
even though the time for making the appeal has expired. 4
appeals 5
Starting
221.(1) An appeal is started by filing a written notice of appeal with the 6
court. 7
(2) A copy of the notice must be served on the Regulator. 8
(3) An appeal to a Magistrates Court or District Court may be made to 9
the Magistrates Court or District Court nearest the place where the applicant 10
resides or carries on business. 11
of operation of decisions 12
Stay
222.(1) A court to which an appeal against a decision lies under this Part 13
may grant a stay of the decision to secure the effectiveness of the appeal. 14
(2) A stay-- 15
(a) may be given on the conditions the court considers appropriate; 16
and 17
(b) operates for the period fixed by the court; and 18
(c) may be revoked or amended by the court. 19
(3) The period of a stay under this section must not extend past the time 20
when the court decides the appeal. 21
(4) An appeal against a decision affects the decision, or carrying out of 22
the decision, only if the decision is stayed. 23
of court on appeal 24
Powers
223.(1) In deciding an appeal, a court-- 25
(a) has the same powers as the decision maker; and 26
(b) is not bound by the rules of evidence; and 27
s 224 113 s 225
Electricity
(c) must comply with natural justice; and 1
(d) may hear the appeal in court or in chambers. 2
(2) An appeal is by way of rehearing. 3
(3) The court may-- 4
(a) confirm the decision; or 5
(b) set aside the decision and substitute another decision; or 6
(c) set aside the decision and return the issue to the decision maker 7
with the directions the court considers appropriate. 8
of court's decision on appeal 9
Effect
224. If the court substitutes another decision, the substituted decision is, 10
for this Act (other than this Chapter), taken to be the decision maker's 11
decision. 12
of court 13
Procedure
225.(1) In this section-- 14
"authorising Act" means-- 15
(a) for the Supreme Court--the Supreme Court Act 1921; or 16
(b) for a District Court--the District Courts Act 1967; or 17
(c) for a Magistrates Court--the Magistrates Courts Act 1921. 18
(2) The power to make rules of court for a court under its authorising Act 19
includes power to make rules of court for appeals to the court under this 20
Part. 21
(3) The procedure for appeal to a court under this Part is-- 22
(a) in accordance with its rules of court; or 23
(b) in the absence of relevant rules, as directed by a Judge or 24
Magistrate. 25
s 226 114 s 229
Electricity
1
Appeals
226.(1) An appeal to the Court of Appeal from a decision of a District 2
Court may be made only on a question of law. 3
(2) An appeal to a District Court from a decision of a Magistrates Court 4
may be made only on a question of law. 5
HAPTER 11--GENERAL 6
C
ART 1--OFFENCES 7
P
to convey electricity etc. beyond own property 8
Unlawful
227. A person, other than an electricity entity or special approval holder, 9
must not operate an electric line beyond the person's property other than 10
under a regulation. 11
Maximum penalty--40 penalty units. 12
in or on premises where works situated 13
Unlawfully
228. A person must not unlawfully be in or on premises or an enclosure 14
where an electricity entity's works are situated. 15
Maximum penalty--40 penalty units. 16
damage to electric lines by projectiles 17
Potential
229. A person must not unlawfully discharge a weapon near an electric 18
line, or throw or otherwise project an object towards an electric line so 19
that-- 20
(a) the electric line is likely to be damaged; or 21
s 230 115 s 234
Electricity
(b) the supply of electricity is likely to be interrupted. 1
Maximum penalty--40 penalty units or 6 months imprisonment. 2
interference with electricity entity's works 3
Unlawful
230. A person must not wilfully and unlawfully interfere with an 4
electricity entity's works. 5
6
Example of interference--
7
Attaching something to an electricity entity's works.
Maximum penalty--40 penalty units or 6 months imprisonment. 8
connection to transmission grid or supply network 9
Unlawful
231. A person must not unlawfully connect anything to an electricity 10
entity's transmission grid or supply network. 11
Maximum penalty--40 penalty units or 6 months imprisonment. 12
interference with supply of electricity to customer 13
Unlawful
232. A person must not unlawfully connect or disconnect supply of 14
electricity to a customer or interfere with supply of electricity to a customer. 15
Maximum penalty--40 penalty units or 6 months imprisonment. 16
to contravene emergency rationing order 17
Offence
233. A person must not contravene an emergency rationing order, unless 18
the person has a reasonable excuse for the contravention. 19
Maximum penalty--8 penalty units. 20
poles etc. of electricity entity prohibited 21
Climbing
234. A person must not unlawfully climb-- 22
(a) a pole, standard or other structure that is part of an electricity 23
entity's works; or 24
(b) a ladder attached to or in contact with the pole, standard or other 25
s 235 116 s 238
Electricity
structure. 1
Maximum penalty--40 penalty units. 2
taking of electricity 3
Unlawful
235.(1) A person must not unlawfully take electricity. 4
Maximum penalty--1 000 penalty units or 6 months imprisonment. 5
(2) If the day or days on which a person is alleged to have been 6
committing an offence against subsection (1) cannot be established, the 7
person may-- 8
(a) be charged with 1 offence of unlawfully taking electricity over, or 9
at some unknown time during, a stated period; and 10
(b) be convicted and punished accordingly. 11
(3) In a prosecution for an offence against this or another Act in which it 12
is claimed electricity has been unlawfully taken, the electricity is taken to 13
belong to any person through whose transmission grid, supply network or 14
works the electricity was supplied. 15
of electricity officers and authorised persons 16
Obstruction
236. A person must not obstruct an electricity officer or authorised 17
person in the exercise of a power, unless the person has a reasonable 18
excuse. 19
Maximum penalty--40 penalty units. 20
of electricity officers and authorised persons 21
Impersonation
237. A person must not pretend to be an electricity officer or authorised 22
person. 23
Maximum penalty--80 penalty units. 24
or misleading information 25
False
238.(1) A person must not-- 26
s 239 117 s 240
Electricity
(a) state anything to the Regulator, an electricity officer or an 1
authorised person the person knows is false or misleading in a 2
material particular; or 3
(b) omit from a statement made to the Regulator, an electricity officer 4
or an authorised person anything without which the statement is, 5
to the person's knowledge, misleading in a material particular. 6
Maximum penalty--60 penalty units. 7
(2) A complaint against a person for an offence against subsection (1)(a) 8
or (b) is sufficient if it states the statement made was false or misleading to 9
the person's knowledge. 10
misleading or incomplete documents 11
False,
239.(1) A person must not give the Regulator, an electricity officer or an 12
authorised person a document containing information the person knows is 13
false, misleading or incomplete in a material particular. 14
Maximum penalty--60 penalty units. 15
(2) Subsection (1) does not apply to a person who, when giving the 16
document-- 17
(a) informs the Regulator, authorised person or electricity officer, to 18
the best of the person's ability, how it is false, misleading or 19
incomplete; and 20
(b) gives the correct information to the Regulator, authorised person 21
or electricity officer if the person has, or can reasonably obtain, 22
the correct information. 23
(3) A complaint against a person for an offence against subsection (1) is 24
sufficient if it states the document was false, misleading or incomplete to 25
the person's knowledge. 26
of person named in document 27
Impersonation
240.(1) A person must not pretend to be a person named in a document 28
issued or given under this Act. 29
Maximum penalty--8 penalty units. 30
s 241 118 s 244
Electricity
(2) In subsection (1)-- 1
"document" includes a certificate, identity card, notice, record book and 2
register. 3
to commit offences 4
Attempts
241.(1) A person who attempts to commit an offence against this Act 5
commits an offence. 6
Maximum penalty--1/2 maximum penalty for committing the offence. 7
(2) Section 4 (Attempts to commit offences) of the Criminal Code 8
applies to subsection (1). 9
of unlawfulness 10
Proof
242. If a provision of this Act that creates an offence mentions a person 11
unlawfully doing an act or making an omission, section 76 of the Justices 12
Act 1886 applies as if the doing of the act or the making of the omission 13
with an authority were an exemption contained in the provision. 14
are summary offences 15
Offences
243. An offence against this Act is a summary offence. 16
of offence proceedings 17
Start
244.(1) A proceeding for an offence against this Act must be started 18
within-- 19
(a) 1 year after the offence is committed; or 20
(b) 1 year after the offence comes to the complainant's knowledge, 21
but within 2 years after the offence is committed. 22
(2) However, if section 235(2) (which deals with unlawful taking of 23
electricity over or during a period) applies to the offence, a proceeding for 24
the offence may be started within-- 25
(a) 1 year after the end of the relevant period; or 26
s 245 119 s 248
Electricity
(b) 1 year after the offence comes to the complainant's knowledge, 1
but within 2 years after the end of the relevant period. 2
PART 2--EVIDENTIARY PROVISIONS 3
of part 4
Application
245. This Part applies to a proceeding under or in relation to this Act. 5
of appointments 6
Proof
246. It is not necessary to prove the appointment of the following 7
persons-- 8
(a) the chief executive of the department (the Regulator); 9
(b) electricity officers; 10
(c) authorised persons. 11
of signatures 12
Proof
247. A signature purporting to be the signature of 1 of the following 13
persons is evidence of the signature it purports to be-- 14
(a) the Minister; 15
(b) the Regulator; 16
(c) an electricity officer; 17
(d) an authorised person. 18
certificates by Regulator 19
Evidentiary
248. A certificate purporting to be signed by the Regulator and stating 20
any of the following matters is evidence of the matter-- 21
(a) a stated document is a notice, order, authority or approval given 22
by the Regulator under this Act or a copy of it; 23
s 249 120 s 249
Electricity
(b) on a stated day, or during a stated period, a stated person was or 1
was not the holder of an authority or an approval given by the 2
Regulator under this Act; 3
(c) on a stated day, or during a stated period, a stated person did or 4
did not have an obligation to supply electricity; 5
(d) an authority or approval was or was not issued or granted by the 6
Regulator for a stated term, or was or was not subject to stated 7
conditions; 8
(e) on a stated day, a stated person was given a notice under this Act 9
by the Regulator or an authorised person; 10
(f) a stated amount is payable under this Act by a stated person and 11
has not been paid; 12
(g) a stated amount is the amount of costs or expenses incurred by 13
the Regulator in taking stated action under this Act. 14
certificate by electricity entity's chief executive officer etc. 15
Evidentiary
249. A certificate purporting to be signed by the chief executive officer of 16
an electricity entity, or an employee of the entity authorised by its chief 17
executive officer, and stating any of the following matters is evidence of the 18
matter-- 19
(a) a stated document is a notice, order, authority or approval given 20
under this Act by the entity or a copy of it; 21
(b) on a stated day, or during a stated period, a stated person was or 22
was not the holder of an authority or approval given by the entity 23
under this Act; 24
(c) an authority given by the entity was or was not given for a stated 25
term, or was or was not subject to stated conditions; 26
(d) on a stated day, a stated person was given a notice by or for the 27
entity under this Act; 28
(e) a stated amount is payable under this Act to the entity by a stated 29
person and has not been paid; 30
(f) a stated amount is the amount of costs or expenses incurred by 31
the entity in taking action under this Act. 32
s 250 121 s 252
Electricity
certificate by member etc. of Electrical Workers and 1
Evidentiary
Contractors Board 2
250. A certificate purporting to be signed by a member or officer of the 3
Electrical Workers and Contractors Board and stating any of the following 4
matters is evidence of the matter-- 5
(a) on a stated day, or during a stated period, a stated person was or 6
was not-- 7
(i) the holder of a stated licence, certificate or permit; or 8
(ii) a licensed electrical contractor; or 9
(iii) authorised to perform work as a licensed electrical worker of 10
a stated type; 11
(b) a stated licence, certificate or permit was or was not subject to 12
conditions or restrictions stated in the certificate. 13
of taking of electricity etc. 14
Proof
251. The existence on, or in association with, a customer's electrical 15
installation of ways to-- 16
(a) take electricity provided from an electricity entity's transmission 17
grid or supply network; or 18
(b) change or interfere with a meter or the works of an electricity 19
entity and connected (directly or indirectly) to an electricity 20
entity's transmission grid or supply network if the meter is or 21
works are in the custody or control of the customer; 22
is evidence that electricity has been taken by the customer and the change or 23
interference has been caused by the customer. 24
ART 3--MISCELLANEOUS 25
P
may require compliance with standards, codes etc. 26
Condition
252.(1) A condition that may be imposed under this Act may require 27
s 253 122 s 254
Electricity
compliance with a protocol, standard, code, intergovernmental agreement or 1
another agreement stated in the condition. 2
(2) This section does not limit section 23 (Statutory instrument may 3
make provision by applying another document) of the Statutory 4
Instruments Act 1992. 5
committees 6
Advisory
253.(1) Advisory committees for the administration of this Act may be 7
established under the regulations or by the Minister. 8
(2) An advisory committee established under the regulations has the 9
functions stated in the regulation. 10
(3) An advisory committee established by the Minister has the functions 11
stated by the Minister. 12
(4) A member of an advisory committee is entitled to be paid the fees 13
and allowances that may be approved by the Governor in Council. 14
from liability 15
Protection
254.(1) In this section-- 16
"official" means-- 17
(a) the Minister; and 18
(b) the Regulator; and 19
(c) authorised persons; and 20
(d) members of advisory committees appointed by the Minister or 21
under a regulation; and 22
(e) members of any board established under this Act. 23
(2) An official does not incur civil liability for an act done, or an 24
omission made, honestly and without negligence under this Act. 25
(3) If subsection (2) prevents a civil liability attaching to an official, the 26
liability attaches instead to the State. 27
s 255 123 s 256
Electricity
CHAPTER 12--STATE ELECTRICITY ENTITIES 1
PART 1--GENERAL 2
electricity entities do not represent the State 3
State
255. State electricity entities do not represent the State. 4
of Freedom of Information Act and Judicial Review Act 5
Application
256.(1) In this section-- 6
"commercial activities" means activities conducted on a commercial 7
basis.6 8
"community service obligations" has the same meaning as in the GOC 9
Act. 10
"excluded activities" means-- 11
(a) commercial activities; or 12
(b) community service obligations prescribed under the regulations. 13
(2) A regulation may declare the activities of a State electricity entity that 14
are taken to be, or are taken not to be, activities conducted on a commercial 15
basis. 16
(3) The Freedom of Information Act 1992 does not apply to a document 17
received or brought into existence by a State electricity authority in carrying 18
out its excluded activities. 19
(4) The Judicial Review Act 1991 does not apply to a decision of a State 20
electricity entity made in carrying out its excluded activities. 21
6 Section 16 of the GOC Act (Meaning of "corporatisation") defines
corporatisation as a structural reform process for nominating government entities
that, among other things, changes the conditions and (where required) the
structure under which the entities operate so that they operate, as far as
practicable, on a commercial basis and in a competitive environment (emphasis
added).
s 257 124 s 261
Electricity
electricity entities are constructing authorities 1
State
257. Despite Chapter 4 (Electricity industry operations), Part 5 (Entry 2
onto and acquisition of land), each State electricity entity is a constructing 3
authority under the Acquisition of Land Act 1967. 4
of prices by State electricity entities 5
Fixing
258.(1) In fixing prices of electricity, a State electricity entity must follow 6
the principles, policies and targets in the statement of corporate intent that 7
applies to it under the GOC Act. 8
(2) This section does not limit the GOC Act, but is subject to 9
section 93(2) to (8). 10
about generating capacity 11
Regulations
259.(1) A regulation may authorise the giving by the Minister of 12
directions to QGC about the generating capacity it is to provide. 13
(2) This section does not limit the GOC Act. 14
ART 2--SUPERANNUATION 15
P
electricity entities to take part in industry superannuation 16
State
scheme 17
260.(1) Each State electricity entity must take part in an approved 18
industry superannuation scheme that provides benefits for its employees. 19
(2) The scheme may also provide benefits for other persons. 20
(3) This section applies despite the GOC Act. 21
of approved industry superannuation scheme 22
Declaration
261.(1) A regulation may declare an industry superannuation scheme to 23
be an approved industry superannuation scheme. 24
s 262 125 s 262
Electricity
(2) The scheme must be established under a trust deed. 1
(3) The scheme must comply with the Occupational Superannuation 2
Standards Act 1987 (Cwlth), the Superannuation Industry (Supervision) 3
Act 1993 (Cwlth) and any other relevant Commonwealth Act. 4
(4) This section does not prevent an entity, that is not a State electricity 5
entity, from taking part in the scheme if the conditions for taking part are 6
complied with. 7
of certain superannuation schemes continued 8
Membership
262.(1) A person who, immediately before the commencement is-- 9
(a) an employee of the electricity supply industry under the repealed 10
Act; and 11
(b) a contributor to the Brisbane City Council Superannuation Fund, 12
GO Super (Government Officers Superannuation Scheme), State 13
Service Superannuation Scheme, Q-Super (State Public Sector 14
Superannuation Scheme) or Local Government Superannuation 15
Scheme; 16
continues to be a contributor while the person continues to be an employee 17
of a State electricity entity. 18
(2) The person's employer must deduct from the person's salary the 19
contributions the person is required to make under the scheme and remit 20
them to the relevant fund. 21
(3) The person's employer is also liable to make any contributions that 22
under the scheme an employer of the person is required to make. 23
(4) This section does not prevent a person being a contributor to the 24
approved industry superannuation scheme, but a person may not be a 25
contributor to a scheme under this section and also be a contributor to the 26
approved industry superannuation scheme. 27
s 263 126 s 266
Electricity
CHAPTER 13--REGULATIONS 1
regulation making power 2
General
263. The Governor in Council may make regulations under this Act. 3
about matters in Sch 2 4
Regulations
264. A regulation may make provision about the matters mentioned in 5
Schedule 2, including, for example-- 6
(a) regulating persons and things in relation to the matters; and 7
(b) the functions, entitlements, obligations and powers of persons in 8
relation to the matters. 9
protection 10
Cathodic
265. A regulation may make provision about cathodic protection 11
systems, including, for example, provision about-- 12
(a) installing cathodic protection systems; and 13
(b) registration of, approvals for, and restrictions on, cathodic 14
protection systems; and 15
(c) regulating the operation of cathodic protection systems; and 16
(d) directions by the Regulator to operators of cathodic protection 17
systems; and 18
(e) using, and mitigating interference by, cathodic protection 19
systems. 20
labelling and performance standards 21
Energy
266. A regulation may make provision about appliances that use 22
electricity ("electricity appliances"), including, for example, provision 23
about-- 24
(a) minimum energy performance standards for electrical appliances; 25
and 26
s 267 127 s 268
Electricity
(b) efficiency labelling for electrical appliances; and 1
(c) registering of efficiency labels for electrical appliances; and 2
(d) testing and labelling electrical appliances, including, for example, 3
payment of the cost of testing (whether or not required) and 4
limitation of liability for damage to electrical appliances during 5
testing; and 6
(e) selling and hiring electrical appliances; and 7
(f) offering, exposing or advertising electrical appliances for sale or 8
hire. 9
articles 10
Electrical
267. A regulation may make provision about the safety of electrical 11
articles, including, for example, provision about-- 12
(a) using, selling, hiring, or offering, exposing or advertising, 13
electrical articles for sale; and 14
(b) registration or approval, including dealing in, stamping, marking 15
and labelling electrical articles; and 16
(c) standards for electrical articles; and 17
(d) testing, including, for example, requiring the testing of electrical 18
articles, payment of the cost of testing (whether or not required) 19
and limitation of liability for damage to electrical articles during 20
testing. 21
about electrical workers and contractors 22
Regulations
268. A regulation may make provision about-- 23
(a) the Electrical Workers and Contractors Board (the "Board"), 24
including, for example, the following matters-- 25
(i) its composition, functions and powers (including its power 26
of delegation); 27
(ii) fees and allowances payable to, and insurance of, Board 28
members; 29
s 268 128 s 268
Electricity
(iii) its meetings and business, employees and funds; and 1
(b) licences, certificates and permits for electrical workers and 2
electrical contractors, including, for example, the following 3
matters-- 4
(i) classes of licences, certificates and permits; 5
(ii) qualifications for licences, certificates and permits; 6
(iii) applications for and granting of licences, certificates and 7
permits; 8
(iv) the conditions and restrictions to which licences, certificates 9
and permits are subject; 10
(v) suspension and cancellation of, and other disciplinary action 11
that may be taken about, licences, certificates and permits; 12
(vi) appeals against decisions of the Board about-- 13
(A) licences, certificates and permits; or 14
(B) applications for or granting of licences, certificates and 15
permits; or 16
(C) suspension and cancellation of, and other disciplinary 17
action about, licences, certificates and permits; 18
(vii) the jurisdiction and powers of an appeal entity on appeal; 19
(viii)courses of instruction to qualify persons for licences, 20
certificates or permits; 21
(ix) examinations and testing leading to qualification for licences, 22
certificates or permits; 23
(x) standards of competency for qualification for licences, 24
certificates and permits; and 25
(c) the performing of electrical work, including, for example, the 26
following matters-- 27
(i) regulating persons performing, or supervising the 28
performing of, electrical work or electrical contracting; 29
(ii) establishing the powers of persons to take action to ensure 30
that licensees and certificate and permit holders perform 31
electrical work to appropriate standards; 32
s 269 129 s 271
Electricity
(iii) prescribing certain electrical work that must only be 1
performed by specified persons; 2
(iv) enabling complaints about electrical work to be made, 3
investigated and resolved; 4
(v) rectifying defective electrical work, including the power of 5
the Board to order, and enforce an order, for rectification of 6
defective electrical work. 7
HAPTER 14--TRANSITIONAL 8
C
9
Definition
269. In this Chapter-- 10
"repealed Act" means the Electricity Act 1976. 11
to be issued generation authority etc. 12
QGC
270.(1) Until QGC is issued with a generation authority under 13
subsection (2), QGC is taken, by force of this subsection, to be the holder 14
of a generation authority. 15
(2) As soon as practicable after the commencement, the Regulator must 16
issue a generation authority to QGC. 17
(3) This section expires 1 year after the commencement. 18
to be issued transmission authority etc. 19
QETC
271.(1) Until QETC is issued with a transmission authority under 20
subsection (2), QETC is taken, by force of this subsection, to be the holder 21
of a transmission authority for the entire State. 22
(2) As soon as practicable after the commencement, the Regulator must 23
issue a transmission authority to QETC. 24
(3) This section expires 1 year after the commencement. 25
s 272 130 s 275
Electricity
to be issued supply entity authority etc. 1
QTSC
272.(1) Until QTSC is issued with a supply entity authority under 2
subsection (2), QTSC is taken, by force of this subsection, to be the holder 3
of a supply entity authority whose supply area is the entire State. 4
(2) As soon as practicable after the commencement, the Regulator must 5
issue a supply entity authority to QTSC. 6
(3) This section expires 1 year after the commencement. 7
authorised suppliers to be issued authorised supplier authority 8
State
etc. 9
273.(1) Until a State authorised supplier is issued an authorised supplier 10
authority under subsection (2), the supplier is taken, by force of this 11
subsection, to be the holder of an authorised supplier authority issued to it 12
by QTSC for the area of electricity supply under the Electricity Act 1976 of 13
the entity of which it is the successor. 14
(2) As soon as practicable after the commencement, QTSC must issue 15
an authorised supplier authority to each State authorised supplier. 16
(3) This section expires 1 year after the commencement. 17
of tariff schedules 18
Continuation
274.(1) A tariff schedule under Part 2, Division 1 of the repealed Act 19
that, immediately before the commencement, applied to an electricity 20
authority under the repealed Act, applies to the State electricity entity that is 21
the successor of the electricity authority until-- 22
(a) the State electricity entity sets its prices for retail electricity; or 23
(b) 6 months after the commencement; 24
whichever happens first. 25
(2) This section expires 6 months after the commencement. 26
inspectors are electricity officers 27
Installation
275.(1) A person who, immediately before the commencement, is an 28
installation inspector under the repealed Act is taken to be an electricity 29
s 276 131 s 277
Electricity
officer appointed by the chief executive officer of the electricity entity that is 1
the successor of the electricity authority that appointed the installation 2
inspector. 3
(2) The person only has the powers under this Act that correspond to the 4
powers the person had as an installation inspector under the repealed Act 5
immediately before the commencement. 6
(3) The person remains an electricity officer until whichever is the earlier 7
of the following-- 8
(a) the person is appointed an electricity officer; 9
(b) the appointment is revoked by the chief executive officer of the 10
electricity entity; 11
(c) 6 months after the commencement. 12
(4) This section expires 6 months after the commencement. 13
of officers to the department 14
Transfer
276.(1) On and from the commencement, the persons appointed, in 15
writing, by the chief executive of the department who immediately before 16
the commencement were employees of the Queensland Electricity 17
Commission become officers of the department. 18
(2) A person mentioned in subsection (1) must be taken as having (for 19
the calculation of leave entitlements as an officer of the department)-- 20
(a) continuous service with the department that includes continuous 21
service as an employee up to the commencement; and 22
(b) taken leave that the person as an employee of the Queensland 23
Electricity Commission had taken or for which the person has 24
received payment and that is attributable to that service. 25
of assets and liabilities to the department 26
Transfer
277.(1) On or from the commencement, the assets and liabilities stated in 27
writing by the chief executive of the department, that immediately before the 28
commencement were assets or liabilities of the Queensland Electricity 29
Commission, become assets and liabilities of the State. 30
s 278 132 s 279
Electricity
(2) This section does not apply to assets to which section 287 (Gladstone 1
Power Station provisions) apply. 2
(3) This section expires 6 months after the commencement. 3
about certificates of employees' entitlements 4
Regulations
278.(1) A regulation may make provision about the giving to a person 5
who, immediately before the commencement, was an employee of the 6
Queensland Electricity Commission or of an Electricity Board under the 7
repealed Act of a certificate setting out particulars, as at the commencement, 8
of leave entitlements, service, salary classification and anything else about 9
employment stated in the regulation. 10
(2) This section expires 6 months after the commencement. 11
of QESIESS until approval of industry superannuation 12
Continuation
scheme 13
279.(1) Despite the repeal of the Electricity Act 1976, Part 13 and 14
Schedule 5 of that Act, as in force immediately before the commencement, 15
continue to have effect. 16
(2) For the purpose of their continued operation under subsection (1), the 17
provisions have effect as if-- 18
(a) a reference to a person employed in the electricity supply industry 19
were a reference to an employee of a State electricity entity or 20
another person prescribed under the regulations; and 21
(b) a reference to an employer were a reference to a State electricity 22
entity or a person prescribed under the regulations; and 23
(c) the Superannuation Board consists of the members in office 24
immediately before the commencement and anyone else 25
appointed under the regulations to fill a casual vacancy of a 26
member; and 27
(d) a reference to the Commission were a reference to QGC, QTSC, 28
QETC, the department or, if prescribed under the regulations, 29
another entity, as the case requires; and 30
(e) a reference to the Commissioner or General Manager were a 31
s 280 133 s 281
Electricity
reference to the chief executive officer of QGC, QTSC, QETC, 1
the department, a State authorised supplier or, if prescribed under 2
the regulations, another entity, as the case requires; and 3
(f) a reference to an Electricity Board were a reference to a State 4
authorised supplier. 5
(3) This section expires on the transfer day. 6
declaration of approved superannuation scheme 7
First
280.(1) The first regulation declaring an industry superannuation scheme 8
to be an approved industry superannuation scheme must fix a 9
commencement day for the approval (the "transfer day"). 10
(2) The regulation may be made only if the Minister is satisfied the 11
scheme's conditions are acceptable to replace the Queensland Electricity 12
Supply Industry Employees' Superannuation Scheme, and the Queensland 13
Electricity Supply Industry Employer-funded Accumulations 14
Superannuation Fund, established under the Electricity Act 1976 15
("QESIESS"). 16
of approval of industry superannuation scheme 17
Effect
281.(1) On the transfer day-- 18
(a) the assets and liabilities of QESIESS become assets and liabilities 19
of the approved industry superannuation scheme; and 20
(b) all rights, entitlements and obligations of QESIESS under 21
contracts and arrangements between QESIESS and other persons 22
become the rights, entitlements and obligations of the trustees of 23
the approved industry superannuation scheme. 24
(2) Stamp duty is not payable because of the operation of subsection (1). 25
(3) On the transfer day, the Queensland Electricity Supply Industry 26
Superannuation Board ceases to exist and its members and the trustees of 27
the Queensland Electricity Supply Industry Employer-funded 28
Accumulations Superannuation Fund go out of office. 29
(4) On the transfer day-- 30
(a) persons who, immediately before the transfer day, were members 31
s 281 134 s 281
Electricity
of the QESIESS-- 1
(i) cease to be members; and 2
(ii) cease to have any entitlement under QESIESS; and 3
(iii) become members of the approved industry superannuation 4
scheme with all the entitlements accrued under QESIESS 5
immediately before the transfer day continuing to be their 6
entitlements under the approved industry superannuation 7
scheme; and 8
(b) if a person, immediately before the transfer day, has an amount of 9
an entitlement in a fund created within QESIESS under 10
section 6(1)(b) of the Electricity Superannuation Restoration Act 11
1990 (the "Restoration Act")-- 12
(i) the amount in the fund for the person's entitlement, with 13
interest earned on the amount under section 6(1)(b)(ii) of the 14
Restoration Act, becomes part of the funds of the approved 15
industry superannuation scheme and is to be held in an 16
account for the person; and 17
(ii) the person ceases to have the entitlement, the entitlement to 18
the interest earned on the amount under section 6(1)(b)(ii) of 19
the Restoration Act or any other entitlement under that Act; 20
and 21
(iii) the person has an entitlement in the approved industry 22
superannuation scheme to accrual of interest and payment of 23
the amount as if the amount had immediately before the 24
transfer day been preserved under section 39(b) of the 25
Articles; and 26
(c) anyone else who, immediately before the transfer day, has 27
entitlements, under QESIESS-- 28
(i) ceases to have any entitlement under QESIESS; and 29
(ii) continues to have similar entitlements under the approved 30
industry superannuation scheme the person had under 31
QESIESS immediately before the transfer day. 32
(5) Subsection (4) does not apply to persons who transfer their benefits 33
from QESIESS to another superannuation scheme. 34
s 282 135 s 285
Electricity
(6) This section expires on the day after the transfer day. 1
(7) This section is a law to which section 20A of the Acts Interpretation 2
Act 1954 applies. 3
of rationing orders 4
Continuation
282.(1) An order made under section 61 of the repealed Act that is in 5
force immediately before the commencement, is taken to be an emergency 6
rationing order. 7
(2) This section expires 3 months after the commencement. 8
of restriction orders 9
Continuation
283.(1) An order in force under section 62 of the repealed Act 10
immediately before the commencement continues to have effect, and may 11
be amended or repealed, as if it were an electricity restriction regulation. 12
(2) This section expires 1 year after the commencement. 13
New South Wales Councils are authorised suppliers 14
Certain
284.(1) The Councils mentioned in section 148 of the repealed Act are 15
taken on the commencement to be authorised suppliers. 16
(2) QTSC is the relevant supply entity and, within 6 months of the 17
commencement, must issue an authority to each of the Councils under 18
section 203 (Issue of authorised supplier authorities). 19
(3) The conditions of the authority must not be inconsistent with any 20
agreements in force at the commencement. 21
(4) The supply area for each authorised supplier under this section is to 22
be the same as the area set out in section 150 of the repealed Act in relation 23
to the Council. 24
(5) This section expires 1 year after the commencement. 25
under s 138 of repealed Act 26
Licences
285.(1) A person who immediately before the commencement was the 27
s 286 136 s 287
Electricity
holder of a licence in force under section 138 of the repealed Act is taken to 1
be the holder of a special approval to carry out any activity that-- 2
(a) the person could, immediately before the commencement, have 3
carried out under the licence; and 4
(b) would otherwise require the person to be a generation entity, 5
transmission entity, supply entity or authorised supplier. 6
(2) The approval continues in force until whichever of the following 7
happens first-- 8
(a) the term of the licence ends; 9
(b) the end of 3 years from the commencement. 10
(3) This section expires 3 years after the commencement. 11
to electricity boards, electricity authorities and electricity 12
References
supply industry 13
286.(1) A reference in any document, including an Act, to, or that is read 14
as a reference to, an Electricity Board within the meaning of the Electricity 15
Act 1976 is taken, after the commencement, to be a reference to a State 16
authorised supplier or the State authorised supplier that is its successor, as 17
the case requires unless the context or a regulation otherwise requires. 18
(2) A reference in any document, including an Act, to, or that is read as a 19
reference to, the Queensland Electricity Commission within the meaning of 20
the Electricity Act 1976 is taken, after the commencement, to be a reference 21
to 1 or more of QGC, QTSC, QETC or the Regulator according to the 22
aspect, function, power, obligation or entitlement of the Queensland 23
Electricity Commission in relation to which the reference is made unless the 24
context or a regulation otherwise requires. 25
(3) A reference in any document, including an Act, to the electricity 26
supply industry is taken, after the commencement, to be a reference to the 27
electricity industry. 28
power station provisions 29
Gladstone
287.(1) The purpose of this section is to ensure that this Act does not 30
adversely affect arrangements in place at the commencement of this Act 31
s 287 137 s 287
Electricity
under the Gladstone Power Station Agreement Act 1993 and the State 1
agreement under that Act. 2
(2) On the commencement of this subsection, the State will negotiate 3
with the participants under the State agreement under the Gladstone Power 4
Station Agreement Act 1993 to amend the State agreement, to take effect 5
immediately after the commencement of this Act, so as to as nearly as 6
possible maintain the rights and obligations had, immediately before the 7
commencement of this Act, by the State, the parties to the State agreement 8
and the parties to the Transaction Documents mentioned in the State 9
agreement. 10
(3) In addition to the matters mentioned in subsection (2), the State must 11
identify to the parties to the State agreement before the commencement 12
which 1 or more of QGC, QTSC and QETC (a "relevant entity") are to be 13
substituted for the Queensland Electricity Commission in the arrangements 14
contemplated by the Gladstone Power Station Agreement Act 1993 and the 15
State agreement. 16
(4) A relevant entity that is substituted for the Queensland Electricity 17
Commission in the arrangements is, by this subsection, authorised to enter 18
into the arrangements and do everything necessary or convenient to enable it 19
to perform the commission's obligations, and exercise its entitlements, 20
under the arrangement. 21
(5) If the parties to the State agreement are unable to agree on the 22
amendments of the State agreement required by subsection (2), the inability 23
to agree is a dispute between the parties. 24
(6) A party to a dispute may give to the other parties to the dispute a 25
written notice (a "notice of dispute") specifying the dispute and requiring 26
that it be dealt with under subsection (7). 27
(7) If a party gives a notice of dispute, the Minister (within the meaning 28
of the State agreement) or the Minister's nominee and the chief executive 29
officer or the chief executive officer's nominee of each of the other parties 30
to the dispute must meet in Brisbane within 10 days of the giving of the 31
notice of dispute to attempt in good faith, and using their best endeavours to 32
resolve the dispute within a further 10 days. 33
(8) To avoid doubt, a dispute under this section is not a dispute for the 34
purposes of clause 24 of the State agreement, but this does not limit the 35
remedies the parties might otherwise have. 36
s 288 138 s 290
Electricity
(9) The application of this Act may be changed under the regulations 1
made under this Act or the Gladstone Power Station Agreement Act 1993, 2
or by the State agreement, to give effect to subsections (1) to (4). 3
under special agreements under s 172 of repealed Act 4
Supply
288.(1) An electricity entity does not discriminate merely because it acts 5
in accordance with an agreement made under section 172 of the repealed 6
Act. 7
(2) Subsection (1) does not apply to an agreement as far as it is renewed 8
or extended after the commencement. 9
regulations and orders in council 10
Existing
289.(1) The regulations and orders in council in force under the repealed 11
Act immediately before the commencement-- 12
(a) remain in force for the purposes of this Act as if they were 13
regulations made under this Act, subject to amendment or repeal 14
by a regulation under this Act; and 15
(b) are to be read with the changes necessary to make them consistent 16
with this Act and adapt their operation to the provisions of this 17
Act. 18
(2) The regulations and orders in council expire 1 year after the 19
commencement unless earlier repealed. 20
(3) This section expires 1 year after the commencement. 21
government approval of subdivision to effect corporatisation 22
Local
290.(1) Despite any other Act, it is lawful for a local government to 23
approve a subdivision of land to give effect to the vesting of land in a State 24
electricity entity under a regulation under the GOC Act. 25
(2) This section expires 2 years after the commencement. 26
s 291 139 s 293
Electricity
regulations 1
Transitional
291.(1) A regulation may make provision with respect to any matter for 2
which-- 3
(a) it is necessary or convenient to assist the transition from the 4
operation of the repealed Act to the operation of this Act; and 5
(b) this Act does not make provision or sufficient provision. 6
(2) A regulation under subsection (1) may be given retrospective 7
operation to a date not earlier than the commencement. 8
(3) This section expires 1 year after the commencement. 9
HAPTER 15--REPEALS AND AMENDMENTS 10
C
3 11
Repeals--Sch
292. Schedule 3 repeals the Acts mentioned in it. 12
4 13
Amendments--Sch
293. Schedule 4 amends the Acts mentioned in it. 14
15
140
Electricity
CHEDULE 1 1
¡S
APPEALS AGAINST ADMINISTRATIVE DECISIONS 2
sections 214(1) and 219 3
Section Description of decision Court 4
5
180(1) Refusal to issue generation authority Supreme 6
sought by applicant
7
27(b)(v) Stating of conditions in generation Supreme 8
authority
9
189(1) Refusal to issue transmission authority Supreme 10
sought by applicant
11
31(a)(v) Stating of conditions in transmission Supreme 12
authority
13
197(1) Refusal to issue supply entity authority Supreme 14
sought by applicant
15
202 Refusal to agree to surrender of supply Supreme 16
entity authority
17
42(a)(iv) Stating of conditions in supply entity Supreme 18
authority
19
206(1) Direction by Regulator to cancel or District 20
amend authorised supplier authority
21
210(1) Refusal to give special approval sought District 22
by applicant
23
141
Electricity
SCHEDULE 1 (continued)
60(a)(iii) Stating of conditions in special District 1
approval
2
130(2) Authorisation to take over operation of Supreme 3
electricity entity's operating works
4
134 Disciplinary action taken against District 5
electricity entity
6
141 Disconnection of supply to works or Magistrates 7
installation on safety grounds
8
154(1) Disconnection of supply for 9
contravening electricity restriction Magistrates
regulation or emergency rationing order
10
154(2) or (3) Refusal to reconnect supply Magistrates 11
12
156(3) Disconnection of unsafe electrical Magistrates 13
installation or works
14
156(4) Requirement to disconnect unsafe Magistrates 15
electrical installation or works
16
160(5) Making cathodic protection system Magistrates 17
inoperable
18
160(6) Requirement to make cathodic Magistrates 19
protection system inoperable
20
161(1) Direction not to sell or hire unsafe Magistrates 21
electrical articles
22
161(3) or (4) Seizure of electrical articles Magistrates 23
24
142
Electricity
SCHEDULE 1 (continued)
161(5) Action required to make electrical Magistrates 1
articles safe
2
176(1) Requirement to remove works built in Magistrates 3
contravention of Act
4
177(2) Requirement about unsafe things Magistrates 5
6
138(3) Disconnection of supply if entry Magistrates 7
refused
8
9
143
Electricity
CHEDULE 2 1
¡S
SUBJECT MATTER FOR REGULATIONS 2
section 264 3
of supply 4
Conditions
1. Conditions of supply, including, for example, the following matters-- 5
(a) conditions, guarantees and minimum payments; 6
(b) amounts payable or chargeable for electricity and services 7
(including interest), including for on-sale of electricity to 8
occupiers of premises by a customer at the premises; 9
(c) payment and charging for electricity and services, including 10
payments in advance, security deposits and other methods of 11
security; 12
(d) capital contributions; 13
(e) connection, disconnection and reconnection of supply; 14
(f) fees, including, for example, fees for connection, disconnection 15
and reconnection; 16
(g) liability for and payment for services; 17
(h) temporary supply; 18
(i) meter reading; 19
(j) accounts; 20
(k) publication of retail price tariffs. 21
and standards 22
Requirements
2. Technical, operational and safety requirements and standards about the 23
following matters and their monitoring (by inspection, testing or 24
otherwise)-- 25
(a) network services; 26
144
Electricity
SCHEDULE 2 (continued)
(b) electricity qualities, including, for example, frequency, voltage 1
and power factor; 2
(c) design, building, operation or maintenance of works; 3
(d) clearances from electric lines or structures; 4
(e) safety in relation to electricity and its use including safety of 5
private plant; 6
(f) safety of electrical articles and installations, including the safety of 7
private plant; 8
(g) promotion, training and education; 9
(h) work practices and procedures; 10
(i) equipment and apparatus, including testing apparatus and safety 11
equipment; 12
(j) rescue, resuscitation and first aid procedures; 13
(k) accident investigation procedures and reports; 14
(l) cathodic protection systems; 15
(m) licensing, qualifications and approvals to perform electrical work; 16
(n) works and installations; 17
(o) substations and customers' premises; 18
(p) stand-by supply; 19
(q) conditions for connection to a transmission grid or supply 20
network; 21
(r) conditions for supply of electricity to customers; 22
(s) meters and control apparatus; 23
(t) connection, disconnection and reconnection of supply. 24
transmission and supply 25
Generation,
3. Generation, transmission or supply of electricity, including, for 26
145
Electricity
SCHEDULE 2 (continued)
example, the following matters-- 1
(a) interference with electricity supply; 2
(b) rights of way for electric lines or cables; 3
(c) obligations of electricity entities and land owners about electric 4
lines, works or structures; 5
(d) obligations and rights of electricity entities and other persons 6
about electric lines, works or structures in, on, over, under, 7
through or across roads, railways, tramways and waterways; 8
(e) lopping and clearing of trees and vegetation. 9
10
General
4. The following matters-- 11
(a) establishment, functions and powers of entities to achieve objects 12
of this Act; 13
(b) obligations of entities; 14
(c) inspection and testing; 15
(d) reporting and remedying of defects; 16
(e) qualifications and functions of authorised persons; 17
(f) penalties (of not more than 20 penalty units) for contraventions of 18
a regulation; 19
(g) applications, including, for example, applications by electricity 20
entities for authorities to enter and remain on land; 21
(h) registers to be kept under this Act; 22
(i) liability for and recovery of costs and compensation for actions 23
taken under this Act; 24
(j) lighting on roads and other places whether for private or public 25
purposes; 26
(k) entitlements and conditions of employment of employees of 27
146
Electricity
SCHEDULE 2 (continued)
electricity industry participants; 1
(l) superannuation for persons within the electricity industry; 2
(m) obligations of industry participants to employees; 3
(n) transfer of funds between industry participants on transfer of 4
employees; 5
(o) assisting proof for matters under the regulations. 6
7
147
Electricity
CHEDULE 3 1
¡S
CTS REPEALED 2
A
section 292 3
Electricity Act 1976 No. 66 4
Electricity Amendment Act 1991 No. 84 5
Electricity Amendment Act 1993 No. 29 6
7
148
Electricity
CHEDULE 4 1
¡S
ACTS AMENDED 2
section 293 3
BUILDING ACT 1975 4
´
1. Section 4(5)(a)(i)-- 5
omit, insert-- 6
`(i) Queensland Generation Corporation while carrying out 7
building work for an electricity power station and its 8
ancillary works on land if a regulation declares the land is 9
land for which the Corporation is taken to represent the State 10
for the erection of the power station or carrying out the 11
works;'. 12
ELECTRICITY SUPERANNUATION RESTORATION 13
´
ACT 1990 14
1. After section 2, in Part 1-- 15
insert-- 16
`Expiry of Act 17
`2A. This Act expires on the day that is the transfer day under the 18
Electricity Act 1994.'. 19
2. Section 3, definition "Commissioner"-- 20
omit. 21
149
Electricity
SCHEDULE 4 (continued)
3. Section 3-- 1
insert-- 2
` "QTSC" means the Queensland Transmission and Supply Corporation. 3
"SEQEC" means the South East Queensland Electricity Corporation.'. 4
4. Section 3, definition "electricity supply industry", `19761989'-- 5
omit, insert-- 6
`1976, and includes the electricity industry within the meaning of the 7
Electricity Act 1994'. 8
5. Section 7(1)(a)-- 9
omit, insert-- 10
`(a) must apply in a form approved by the chief executive of the 11
department; and'. 12
6. Section 7(1)(b) and (2), `the SEQEB'-- 13
omit, insert-- 14
`SEQEC.' 15
7. Section 7(2)(a), `the Commission"-- 16
omit, insert-- 17
`QTSC'. 18
8. Section 7(3), `the SEQEB'-- 19
omit, insert-- 20
`SEQEC'. 21
150
Electricity
SCHEDULE 4 (continued)
9. Section 9(2), `the Commission'-- 1
omit, insert-- 2
`QTSC'. 3
10. Section 9(3), `the Commission'-- 4
omit, insert-- 5
`QTSC'. 6
11. Section 9(4)-- 7
omit. 8
12. After section 11, in Part 2-- 9
insert-- 10
`Cessation of entitlements 11
`11A. An entitlement under this Act lapses if immediately before the day 12
that is the transfer day under the Electricity Act 1994 the entitlement has not 13
been recognised.'. 14
13. Schedule 2-- 15
omit. 16
LECTRICITY SUPPLY INDUSTRY EMPLOYEES' 17
´E
SUPERANNUATION RESTORATION ACT 1985 18
1. After section 14-- 19
insert-- 20
151
Electricity
SCHEDULE 4 (continued)
`Expiry of Act 1
`15. This Act expires on the day that is the transfer day under the 2
Electricity Act 1994.'. 3
REEDOM OF INFORMATION ACT 1992 4
´F
1. Schedule 2-- 5
insert-- 6
`4. State electricity entity, within the Electricity Act 1994, s 256'. 7
meaning of the Electricity Act 1994
GLADSTONE POWER STATION AGREEMENT ACT 8
´
1993 9
1. Section 2, definition "Electricity Act"-- 10
omit, insert-- 11
` "Electricity Act" means the Electricity Act 1994.'. 12
2. Section 13(2)-- 13
omit, insert-- 14
`(2) The licence is taken to be a special approval under the Electricity Act 15
1994 authorising the following activities if done in accordance with the 16
licence-- 17
(a) connection of the generating plant at the Gladstone Power Station 18
to a transmission grid or supply network; 19
(b) supplying electricity.'. 20
152
Electricity
SCHEDULE 4 (continued)
3. Section 13(3)-- 1
omit, insert-- 2
`(3) Sections 60, 61 and 212 of the Electricity Act do not apply to the 3
licence or the issuing of the licence but the holder of the special approval 4
holds the approval subject to the conditions stated in the licence.'. 5
4. Section 19, heading, `Commission'-- 6
omit, insert-- 7
`Minister for Energy' 8
5. Section 19(1), `Commission'-- 9
omit, insert-- 10
`Minister for Energy' 11
6. Section 29-- 12
omit. 13
OVERNMENT OWNED CORPORATIONS ACT 1993 14
´G
1. After section 160 in Part 14, Division 3-- 15
insert-- 16
`Definitions 17
`160A. In sections 160B to 160D-- 18
"dividend" includes an amount in the nature of a dividend. 19
"predecessor" of a GOC means a candidate GOC whose associate became 20
the GOC. 21
153
Electricity
SCHEDULE 4 (continued)
`Dividend payment for financial year of becoming a GOC 1
`160B. For applying section 159 (Payment of dividends) to a GOC for 2
the financial year when it became a GOC-- 3
(a) a dividend payable by the GOC is payable for, at the discretion of 4
the shareholding Ministers-- 5
(i) the entire financial year; or 6
(ii) the part of the financial year for which it was a GOC; and 7
(b) if the GOC has a predecessor--the predecessor and the GOC are 8
taken to be the same entity; and 9
(c) an interim dividend paid for the financial year by the GOC's 10
predecessor, or by the GOC before it became a GOC, is taken to 11
have been paid on account of the dividend to be paid by the GOC 12
under this Act. 13
14
Example for paragraph (a)--
15
A candidate GOC becomes a GOC on 1 January 1994. Depending on what the
16
shareholding Ministers decide under paragraph (a), the dividend the GOC has to pay
17
for the 199394 financial year will relate either to the entire financial year (even
18
though it is a GOC for only half the year), or only to the period 1 January 1994 to
19
30 June 1994.
20
Example for paragraph (b)--
21
A, an entity, is nominated to be a candidate GOC on 8 October 1993. On
22
31 December 1993, B, a new entity, is established, and nominated to be the
23
associate of A. On 1 January 1994, A's assets and liabilities become B's assets and
24
liabilities, and B is declared to be a GOC. On 2 January 1994, B is dissolved. For
25
applying section 159 to B, A and B are taken to be the same entity rather than
26
2 separate entities.
27
Example for paragraph (c)--
28
In February 1994, a candidate GOC, acting other than under this Act, pays to the
29
State an interim dividend on account of the dividend that may become payable by it
30
for the 199394 financial year. On 1 April 1994 the candidate GOC becomes a GOC.
31
The interim dividend is taken to have been paid on account of any dividend for the
32
199394 financial year that becomes payable under this Act.
154
Electricity
SCHEDULE 4 (continued)
`Interim dividend for financial year of becoming a GOC 1
`160C.(1) For applying section 160 (Interim dividends) to a GOC for the 2
financial year when it becomes a GOC-- 3
(a) the period (the "applicable period") in relation to which an 4
interim dividend is payable is, at the discretion of the 5
shareholding Ministers-- 6
(i) the first 6 months of the financial year; or 7
(ii) the part of the 6 months for which it was a GOC; and 8
(b) the shareholding Ministers must, when acting under 9
section 160(1) to require the GOC's board to make a 10
recommendation, also notify the board of the applicable period. 11
`(2) However, when a GOC's shareholding Ministers exercise their 12
discretion under section 160B(a) (Dividend payment for financial year of 13
becoming a GOC), they are not bound by an applicable period previously 14
decided and notified under subsection (1). 15
16
Example for subsection (1)--
17
A candidate GOC becomes a GOC on 1 October 1994. Depending on what period
18
the shareholding Ministers decide under subsection (1)(a), and notify to the GOC's
19
board under subsection (1)(b), the payment subsequently directed under
20
section 160(4) will relate to the GOC's profit for either the first 6 months of the
21
199495 financial year or only the period from 1 October 1994 to 31 December 1994.
`Dividend payment for previous financial year 22
`160D.(1) In this section-- 23
"previous financial year" for a GOC means the financial year 24
immediately before the financial year when the GOC became a GOC. 25
`(2) This section applies to a GOC if-- 26
(a) it has not paid a dividend (other than an interim dividend) to the 27
State for the previous financial year; or 28
(b) if the GOC has a predecessor--the predecessor has not paid a 29
dividend (other than an interim dividend) to the State for the 30
155
Electricity
SCHEDULE 4 (continued)
previous financial year. 1
`(3) The shareholding Ministers may give a direction that-- 2
(a) section 159 (Payment of dividends) applies to the GOC for the 3
previous financial year; and 4
(b) if it is necessary for the operation of this section--the periods 5
mentioned in section 159 are to be extended as stated in the 6
direction. 7
`(4) For applying this section and section 159-- 8
(a) to a GOC that has a predecessor--the predecessor and the GOC 9
are taken to be the same entity; and 10
(b) to a GOC that has paid to the State, or whose predecessor has 11
paid to the State, an interim dividend for the previous financial 12
year--the interim dividend is taken to have been paid on account 13
of the dividend to be paid by the GOC under this Act for the 14
previous financial year.'. 15
JUDICIAL REVIEW ACT 1991 16
´
1. Schedule 6-- 17
insert-- 18
`4. State electricity entity, within the Electricity Act 1994, s 256'. 19
meaning of the Electricity Act 1994
PENALTIES AND SENTENCES ACT 1992 20
´
1. Section 4-- 21
insert-- 22
` "property" includes electricity.'. 23
156
Electricity
CHEDULE 5 1
¡S
ICTIONARY 2
D
section 4 3
"ancillary services" see section 11. 4
"approved industry superannuation scheme" see section 261. 5
"authorised person" means a person who is appointed under this Act as 6
an authorised person. 7
"authorised supplier" see section 46. 8
"authorised supplier authority" see section 47. 9
"build" includes erect, lay down and place. 10
"cathodic protection system" see section 15. 11
"channels" see section 16(2)(c). 12
"contestable customer" see section 23(2). 13
"criminal history" of a person means the person's criminal history within 14
the meaning of the Criminal Law (Rehabilitation of Offenders) Act 15
1986. 16
"customer" see section 23(1). 17
"defaulting entity" see section 130(1)(a). 18
"electrical article" see section 14(1). 19
"electricalcontracting" means contracting to perform electrical installation 20
work. 21
"electrical installation" see section 13. 22
"electrical installation work" see section 16(4). 23
"electrical work" see section 16(1) to (3). 24
"electricity" see section 5. 25
"electricity entity" see section 22(1). 26
157
Electricity
SCHEDULE 5 (continued)
"electricity industry" see section 21. 1
"electricityofficer" means a person who is appointed under this Act as an 2
electricity officer. 3
"electricity restriction regulation" see section 122(1). 4
"electric line" see section 14(2). 5
"emergency rationing order" see section 124(1). 6
"generation authority" see section 26. 7
"generation entity" see section 25. 8
"GOC" has the same meaning as in the GOC Act. 9
"GOC Act" means the Government Owned Corporations Act 1993. 10
"government entity" see section 18. 11
"hire" includes-- 12
(a) agree, attempt or offer to hire; and 13
(b) possess, expose or advertise for hire; and 14
(c) cause or permit to be hired. 15
"in" a road, railway land or other place includes on, under or over. 16
"licensed electrical contractor" means a person who is licensed as an 17
electrical contractor. 18
"licensed electrical worker" means a person who is licensed as an 19
electrical worker. 20
"meter" see section 14(3). 21
"network control" see section 9. 22
"network services" see section 10. 23
"obligated supplier" see section 82(1). 24
"obligation to supply" see section 82(1). 25
"occupier" of a place includes, in Chapter 7 (Authorised persons' powers), 26
a person who reasonably appears to be the occupier, or in charge, of 27
158
Electricity
SCHEDULE 5 (continued)
the place. 1
"on" a road, railway land or other place includes in, under or over. 2
"operating works" see section 12(3). 3
"place" includes premises and a place on or in waters or on land, but does 4
not include a boat or other vehicle. 5
"power system" see section 7. 6
"premises" includes-- 7
(a) a building or other structure; and 8
(b) a part of a building or other structure; and 9
(c) land where a building or other structure is situated. 10
"protected area" means a protected area under the Nature Conservation 11
Act 1992, and includes an area that is, or includes, a critical habitat 12
identified in a conservation plan under the Act. 13
"public entity" means-- 14
(a) a government entity within the meaning of the Government 15
Owned Corporations Act 1993; or 16
(b) a local government. 17
"publicly controlled place" means any place under the control of a public 18
entity that the public is entitled to use, is open to the public, or used by 19
the public, whether or not on payment of money, but does not include 20
an area declared under the regulations not to be a publicly controlled 21
place. 22
23
Example--
24
A road or reserve under the control of a public entity.
"public place" means any place that the public is entitled to use, is open to 25
the public, or used by the public, whether or not on payment of 26
money. 27
"QESIESS" see section 280(2). 28
"QETC" means Queensland Electricity Transmission Corporation. 29
159
Electricity
SCHEDULE 5 (continued)
"QGC" means Queensland Generation Corporation. 1
"QTSC" means Queensland Transmission and Supply Corporation. 2
"railway land" means land in which a railway operator has an interest. 3
"Regulator" see section 62. 4
"repealed Act" in Chapter 14, see section 269. 5
"road authority" means-- 6
(a) for a State-controlled road under the Transport Infrastructure Act 7
1994--the chief executive under the Act; or 8
(b) for another road--the local government or other person having 9
control or management of the road. 10
"sell" includes-- 11
(a) sell by wholesale, retail or auction; and 12
(b) agree, attempt or offer to sell; and 13
(c) possess, expose or advertise for sale; and 14
(d) cause or permit to be sold. 15
"special approval" see section 58. 16
"special approval holder" see section 57. 17
"state" includes describe. 18
"State authorised supplier" see section 79(1). 19
"State electricity entity" means an electricity entity that is a GOC or GOC 20
subsidiary. 21
"statutory GOC" has the same meaning as in the GOC Act. 22
"subsidiary" of a GOC has the same meaning as in the GOC Act. 23
"substation" see section 12(2). 24
"supply area" see-- 25
(a) for a supply entity--section 39; and 26
160
Electricity
SCHEDULE 5 (continued)
(b) for an authorised supplier--section 48. 1
"supply entity" see section 37. 2
"supply entity authority" see section 38. 3
"supply network" see section 8. 4
"system control" see section 7. 5
"system control entity" see section 92(1). 6
"take" electricity includes waste, divert and use. 7
"trade or commerce" includes-- 8
(a) a business activity; and 9
(b) anything else done for gain or reward. 10
"trading arrangements" see section 90. 11
"transfer day" see section 280(1). 12
"transmission authority" see section 30. 13
"transmission entity" see section 29. 14
"transmission grid" see section 6. 15
"unlawfully" means without authority under this Act or other legal 16
authority, justification or excuse. 17
18
Example of legal authority--
19
A person does something in relation to property with the owner's consent.
"used for" includes used in, intended for use for or in, or capable of being 20
used for or in. 21
"voltage" see section 17. 22
"weapon" has the same meaning as in the Weapons Act 1990. 23
"wilfully" means-- 24
(a) intentionally; or 25
(b) recklessly; or 26
161
Electricity
SCHEDULE 5 (continued)
(c) with gross negligence. 1
"works" see section 12(1). 2
3
© State of Queensland 1994
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