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Queensland
Energy Ombudsman Bill 2006
Queensland
Energy Ombudsman Bill 2006
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2 Interpretation
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 What is an energy Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Who is a small customer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 What is an energy entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 What is an energy entity function . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 References to functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 The energy ombudsman
10 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 General restrictions on functions . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Exclusion of disputes relating to community ambulance cover
levy .......................................... 10
14 Obligations in performing functions . . . . . . . . . . . . . . . . . . . . . . . 11
15 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Energy ombudsman not subject to direction . . . . . . . . . . . . . . . . 12
17 Consultation with advisory council . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 3 Dispute referrals
18 Disputes that may be referred to energy ombudsman . . . . . . . . . 12
19 Restrictions on disputes that can be referred . . . . . . . . . . . . . . . . 13
20 Discretion to accept particular referrals made out-of-time . . . . . . 14
21 Ways of making dispute referral . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
Energy Ombudsman Bill 2006
22 Refusal to investigate dispute referral . . . . . . . . . . . . . . . . . . . . . 15
23 Notice of referral not properly made or of refusal to investigate . . 16
24 Preliminary inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
25 Withdrawal of dispute referral . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 4 Investigations
26 Notice of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 When investigation starts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Investigation procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
29 Power to require particular documents or information from
relevant entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Custody of documents given to energy ombudsman . . . . . . . . . . 20
31 Restriction on disclosing energy entity's confidential information. 20
32 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
33 Proceedings after investigation starts . . . . . . . . . . . . . . . . . . . . . 22
Part 5 Action following investigation
Division 1 Resolving dispute
34 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35 Final orders that may be made. . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36 Criteria for making final order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
37 Restrictions on final orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Restriction on including confidential information in decision
notice ....................................... 25
Division 2 Acceptance of final order by non-entity party
40 Election to accept or not to accept . . . . . . . . . . . . . . . . . . . . . . . . 25
41 Effect of accepted order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3 Enforcement of final orders
42 How final order for an amount may be enforced. . . . . . . . . . . . . . 27
43 Non-entity party's duty to allow relevant entity to comply with
particular accepted orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
44 Inquiry and directions about failure to comply with duty. . . . . . . . 27
45 Failure of non-entity party to comply with compliance directions . 28
46 Failure by relevant entity to comply with accepted order
or compliance directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 4 Miscellaneous provision
47 Dismissal or non-acceptance does not affect other
proceedings ................................. 29
3
Energy Ombudsman Bill 2006
Part 6 Advisory council
48 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
49 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
50 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 7 Particular provisions about the energy ombudsman
51 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
52 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Remuneration and conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Restriction on outside employment . . . . . . . . . . . . . . . . . . . . . . . 31
55 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
56 Acting energy ombudsman. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
57 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
58 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 8 Administration
Division 1 Energy ombudsman office
59 Office of the Energy Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . 34
60 Control of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
61 Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
62 Officers not subject to outside direction . . . . . . . . . . . . . . . . . . . . 34
63 Alternative staffing arrangements. . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2 Funding of energy ombudsman office
Subdivision 1 Membership fees
64 Scheme membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
65 Annual fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
66 When membership fee is payable . . . . . . . . . . . . . . . . . . . . . . . . 36
67 Amount of membership fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
68 When user-pays fee is payable . . . . . . . . . . . . . . . . . . . . . . . . . . 37
69 Working out user-pays fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
70 Supplementary fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Subdivision 2 Late payments
71 Unpaid fee interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
72 Energy ombudsman may remit unpaid fee interest . . . . . . . . . . . 41
73 Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 3 Other matters
74 Annual budgets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
75 Budget guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
76 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
4
Energy Ombudsman Bill 2006
77 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
78 Reports and observations on energy ombudsman's initiative . . . 43
79 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
80 Disclosure of particular information . . . . . . . . . . . . . . . . . . . . . . . 45
81 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
82 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
83 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Part 9 Transitional provisions
Division 1 Preliminary
84 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 2 Transitional provisions for funding and first budget
85 User-pays fees for changeover quarters . . . . . . . . . . . . . . . . . . . 47
86 Reference to previous fees for working out user-pays fee
under this Act ............................... 48
87 Budget for first financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 3 Existing disputes under energy Act
88 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
89 Referral becomes a dispute referral . . . . . . . . . . . . . . . . . . . . . . . 49
90 Documents and information given for energy Act referral. . . . . . . 49
Part 10 Amendment of Public Service Act 1996
91 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
92 Amendment of sch 1 (Public service offices and their heads) . . . 49
Part 11 Amendment of Queensland Competition Authority Act 1997
93 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
94 Amendment of s 187 (Confidential information) . . . . . . . . . . . . . . 50
95 Amendment of s 239 (Confidential information) . . . . . . . . . . . . . . 50
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
2006
A Bill
for
An Act to provide for the investigation into and resolution of
particular disputes involving energy entities, or particular
former energy entities, and for other purposes
s1 6 s3
Energy Ombudsman Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Energy Ombudsman Act 2006. 5
2 Commencement 6
This Act, other than the following provisions, commences on 7
a day to be fixed by proclamation-- 8
· part 1, heading 9
· section 3 10
· division 2 11
· part 9, heading and divisions 1 and 2 12
· the schedule. 13
3 Main purpose of Act 14
The main purpose of this Act is to give small customers and 15
relevant occupiers of land a timely, effective, independent and 16
just way of-- 17
(a) referring disputes about particular matters involving 18
energy entities and particular former energy entities; and 19
(b) having the disputes investigated and resolved. 20
7
Energy Ombudsman Bill 2006
Division 2 Interpretation 1
4 Dictionary 2
The dictionary in the schedule defines particular words used 3
in this Act. 4
5 What is an energy Act 5
An energy Act is the Electricity Act 1994 or Gas Supply Act 6
2003. 7
6 Who is a small customer 8
(1) A person is a small customer if, under an energy Act, the 9
person is a small customer for premises. 10
(2) To remove any doubt, it is declared that the term does not 11
include a person who, under an energy Act, is a receiver of an 12
on-supplier. 13
7 What is an energy entity 14
An energy entity is-- 15
(a) a distributor; or 16
(b) a retailer; or 17
(c) a special approval holder whose special approval 18
authorises the holder to provide customer connection 19
services or customer retail services under the Electricity 20
Act 1994. 21
8 What is an energy entity function 22
An energy entity function is a function or obligation that-- 23
(a) is performed or required or permitted to be performed 24
by an energy entity under or in relation to-- 25
(i) an energy Act; or 26
(ii) an industry code; or 27
s9 8 s 11
Energy Ombudsman Bill 2006
(iii) a connection contract or retail contract; and 1
(b) concerns customer connection services or customer 2
retail services. 3
4
Examples--
5
· billing under a connection contract or retail contract
6
· connection or disconnection of the services
7
· security deposits for the services
8
· the reliability or quality of the services
9
· the carrying out of vegetation management, including for example,
10
clearing, removing, lopping or pruning trees or other vegetation,
11
authorised under an energy Act
12
· the connection, supply or sale, or the failure to connect supply or
13
sell, electricity or processed natural gas, as required under an
14
energy Act or a licence or agreement
15
· conduct relating to the formation of a negotiated contract
9 References to functions 16
In this Act-- 17
(a) a reference to a function includes a reference to a power; 18
and 19
(b) a reference to performing a function includes a 20
reference to exercising a power. 21
Part 2 The energy ombudsman 22
10 Establishment 23
There is to be an energy ombudsman. 24
25
Note--
26
For particular provisions about the energy ombudsman, see part 7.
11 Functions 27
(1) The energy ombudsman's functions are-- 28
s 12 9 s 12
Energy Ombudsman Bill 2006
(a) to receive and investigate, and facilitate the resolution 1
of, disputes referred under this Act to the energy 2
ombudsman; and 3
4
Note--
5
For what disputes may be referred and who may refer them, see
6
sections 18, 19 and 20.
(b) to resolve the disputes if they can not be resolved by 7
agreement, negotiation or mediation; and 8
(d) to promote the operation of this Act to small customers 9
and relevant occupiers of land; and 10
(e) to identify systemic issues arising out of complaints 11
anyone makes to the ombudsman; and 12
(f) the other functions conferred on the energy ombudsman 13
under any Act. 14
(2) However, the performance of the energy ombudsman's 15
functions is subject to sections 12 and 13. 16
12 General restrictions on functions 17
(1) The energy ombudsman can not accept a referral about or 18
investigate any of the following-- 19
(a) the fixing of-- 20
(i) tariffs for customer connection services or 21
customer retail services; or 22
(ii) charging categories for the tariffs; or 23
(iii) methodologies for fixing the tariffs or categories; 24
(b) the fairness or reasonableness of the terms of a 25
connection contract or retail contract; 26
(c) disputes between small customers and energy entities 27
about eligibility for State government concessions or 28
rebates; 29
(d) a commercial activity carried out by an energy entity if 30
the activity is outside the scope of any energy Act 31
authority held by the entity; 32
s 13 10 s 13
Energy Ombudsman Bill 2006
(e) the content of government policies or of legislation, an 1
energy Act authority or an industry code; 2
(f) a thing required to be done under an energy Act or an 3
order in a proceeding; 4
5
Example--
6
a restriction on the supply of electricity required under an
7
emergency rationing order under the Electricity Act 1994
(g) customer contribution to the cost of capital works; 8
(h) a dispute between 2 or more entities of the following 9
types of entity-- 10
(i) energy entities; 11
(ii) electricity entities under the Electricity Act 1994; 12
(iii) special approval holders; 13
(iv) industry participants under the Gas Supply Act 14
2003; 15
(i) a matter that has already been decided by a proceeding; 16
(j) a matter the subject of an unfinished proceeding started 17
before the referral. 18
(2) However, subsection (1)(j) does not apply if-- 19
(a) the energy ombudsman and the parties to the proceeding 20
agree that the ombudsman may investigate the matter; or 21
(b) an order in the proceeding requires the energy 22
ombudsman to investigate the matter. 23
(3) In this section-- 24
proceeding includes arbitration. 25
tariffs includes charges and prices. 26
13 Exclusion of disputes relating to community ambulance 27
cover levy 28
(1) The energy ombudsman's functions do not apply to a dispute 29
between an energy entity and a small customer about-- 30
(a) the performance of a function under the Ambulance 31
Cover Act; or 32
s 14 11 s 15
Energy Ombudsman Bill 2006
(b) the performance of a function under the Electricity Act 1
1994, to the extent that the performance of the function 2
is required, permitted or otherwise provided for under 3
the Ambulance Cover Act. 4
(2) A person can not make a dispute referral if the relevant 5
dispute is, or is in the nature of, a dispute that, because of 6
subsection (1), is not included in the energy ombudsman's 7
functions. 8
(3) Without limiting subsection (2), a person can not make a 9
dispute referral about-- 10
(a) the levy; or 11
(b) the levy amount paid or payable by a person; or 12
(c) the collection of a levy amount; or 13
(d) the collection of an amount for electricity, if the dispute 14
arises in connection with the collection of a levy 15
amount. 16
(4) This section does not limit or otherwise affect section 12. 17
(5) In this section-- 18
Ambulance Cover Act means the Community Ambulance 19
Cover Act 2003. 20
levy means the community ambulance cover levy under the 21
Ambulance Cover Act. 22
levy amount means a levy amount under the Ambulance 23
Cover Act. 24
14 Obligations in performing functions 25
The energy ombudsman must, in performing the 26
ombudsman's functions, act independently, impartially and in 27
the public interest. 28
15 General powers 29
Without limiting the energy ombudsman's specific powers 30
under this Act, the ombudsman may do anything necessary or 31
convenient to be done for, or in connection with, the 32
ombudsman's functions. 33
s 16 12 s 18
Energy Ombudsman Bill 2006
16 Energy ombudsman not subject to direction 1
Subject to section 74, the energy ombudsman is not subject to 2
direction by anyone about-- 3
(a) the way the energy ombudsman performs the energy 4
ombudsman's functions; or 5
(b) decisions on dispute referrals; or 6
(c) the priority given to investigations or the resolution of 7
dispute referrals. 8
17 Consultation with advisory council 9
(1) The energy ombudsman must consult with the advisory 10
council, as required under section 28(6), 74 or 75. 11
(2) If-- 12
(a) the advisory council gives the energy ombudsman 13
advice; and 14
(b) the advice is given because of consultation required 15
under subsection (1) or is within the council's functions; 16
the energy ombudsman must consider the advice in 17
performing functions under this Act. 18
Part 3 Dispute referrals 19
18 Disputes that may be referred to energy ombudsman 20
(1) This section applies if a dispute as follows exists-- 21
(a) a dispute between a small customer and an energy entity 22
about its performance of an energy entity function (the 23
relevant function) if the dispute relates to premises for 24
which the customer is a small customer; 25
26
Example--
27
a dispute about whether, under an energy Act, the entity must
28
provide customer connection services or customer retail services
s 19 13 s 19
Energy Ombudsman Bill 2006
(b) a dispute between an energy entity and an occupier of 1
land onto which the entity, or an individual authorised 2
by the entity, enters, or proposes to enter, under an 3
energy Act (also the relevant function). 4
(2) This section continues to apply even if the relevant entity 5
stops being an energy entity after the performance of the 6
relevant function. 7
(3) Subject to section 19, either party to the dispute may refer it to 8
the energy ombudsman. 9
(4) Subsection (5) applies if the dispute is about whether, under 10
an energy Act, the relevant entity must provide customer 11
connection services or customer retail services. 12
(5) For subsection (1)(a), the customer is a small customer if, had 13
the services been provided, the customer would have been a 14
small customer for the premises. 15
19 Restrictions on disputes that can be referred 16
(1) A party to a dispute mentioned in section 18(1) can not make 17
a referral under that section if any of the following 18
circumstances apply-- 19
(a) the relevant dispute relates to the Electricity Act 1994, 20
chapter 5A; 21
(b) section 12 or 13 prevents the proposed referral from 22
being made; 23
(c) 12 months have passed since the later of the following to 24
happen-- 25
(i) the performance of the relevant function; 26
(ii) the party becoming aware of the performance of 27
the relevant function; 28
(d) the relevant dispute may be dealt with under-- 29
(i) the Queensland Competition Authority Act 1997; 30
or 31
(ii) the Electricity--National Scheme (Queensland) 32
Act 1997; or 33
(iii) the Gas Pipelines Access (Queensland) Law; 34
s 20 14 s 20
Energy Ombudsman Bill 2006
(e) the energy ombudsman has already made a decision on 1
an earlier dispute referral and-- 2
(i) the parties to the earlier dispute referral are the 3
same as the parties to the relevant dispute; and 4
(ii) the proposed dispute referral is the same, or 5
substantially the same, as the earlier dispute 6
referral; 7
(f) the party is a non-entity party and the energy 8
ombudsman is reasonably satisfied the party has not 9
made a genuine attempt to resolve the matter with the 10
relevant entity; 11
(g) the relevant entity has stopped being an energy entity for 12
more than 12 months. 13
(2) For subsection (1)(c)(ii), a non-entity party is taken to have 14
become aware of the performance of the relevant function 15
when the party might reasonably be expected to have known it 16
was being performed. 17
20 Discretion to accept particular referrals made out-of-time 18
(1) This section applies only if-- 19
(a) because of section 19(1)(c), a referral can not otherwise 20
be made under section 18; and 21
(b) the relevant entity is still an energy entity or, if it is no 22
longer an energy entity, less than 12 months have passed 23
since it stopped being an energy entity. 24
(2) The energy ombudsman may decide the referral is a dispute 25
referral properly made under section 18 if the ombudsman 26
considers the referrer had good reason for not referring the 27
dispute within the 12 months mentioned in section 19(1)(c). 28
(3) On the making of the decision, the referral is taken to be a 29
dispute referral made to the energy ombudsman under section 30
18. 31
(4) This section applies despite section 19(1)(c). 32
s 21 15 s 22
Energy Ombudsman Bill 2006
21 Ways of making dispute referral 1
(1) Subject to section 22(2), a dispute referral may be oral or 2
written. 3
(2) A dispute referral may be made for the referrer by someone 4
else authorised by the referrer. 5
(3) The authorisation may be oral or written. 6
22 Refusal to investigate dispute referral 7
(1) The energy ombudsman may refuse to investigate a dispute 8
referral or, having started to investigate a dispute referral, may 9
refuse to continue the investigation, if the ombudsman is 10
reasonably satisfied that-- 11
(a) the subject of the relevant dispute is trivial; or 12
(b) the dispute referral is frivolous or vexatious or has not 13
been made in good faith; or 14
(c) the referrer does not have a sufficient direct interest in 15
the subject of the relevant dispute; or 16
(d) the relevant entity has not been given a reasonable 17
opportunity to resolve the relevant dispute; or 18
(e) both of the following apply-- 19
(i) the referrer has a right of appeal, reference or 20
review, or another remedy, that the referrer has not 21
exhausted; 22
23
Example of a right of reference--
24
a right under a relevant contract or law of internal review
25
by the energy entity for it to make an insurance claim for
26
the relevant dispute
(ii) it would be reasonable in the circumstances to 27
require the referrer to exhaust the right or remedy 28
before the energy ombudsman investigates, or 29
continues to investigate, the dispute referral; or 30
(f) under an energy Act, the regulator or QCA has the 31
power to give appropriate relief to the non-entity party; 32
or 33
s 23 16 s 23
Energy Ombudsman Bill 2006
(g) because of a preliminary inquiry, the relevant dispute 1
should not be investigated; or 2
(h) in the circumstances, the investigation, or the 3
continuance of the investigation, of the matter the 4
subject of the relevant dispute is unnecessary or 5
unjustifiable. 6
(2) Also, the energy ombudsman may refuse to investigate an oral 7
dispute referral or, having started to investigate an oral dispute 8
referral, may refuse to continue the investigation, until the 9
dispute referral is remade in the approved form under section 10
82. 11
(3) A right or remedy mentioned in subsection (1) does not 12
include a right under the Judicial Review Act 1991 to make an 13
application to the Supreme Court. 14
(4) To remove any doubt, it is declared that this section does not 15
limit or otherwise affect the energy ombudsman's power not 16
to accept or investigate a matter because of section 12, 13, 18 17
or 19. 18
23 Notice of referral not properly made or of refusal to 19
investigate 20
(1) This section applies if-- 21
(a) because of section 12, 13, 18 or 19, a purported dispute 22
referral can not be made to or be investigated by the 23
energy ombudsman; or 24
(b) under section 22, the energy ombudsman refuses to 25
carry out or to continue an investigation. 26
(2) The energy ombudsman must, as soon as reasonably 27
practicable, notify the referrer that the purported dispute 28
referral, or the dispute referral the subject of the former 29
investigation, will not be investigated, or continue to be 30
investigated, and why. 31
(3) The notice may be oral or written. 32
s 24 17 s 26
Energy Ombudsman Bill 2006
24 Preliminary inquiry 1
(1) For this part, the energy ombudsman may make reasonably 2
necessary inquiries to decide whether a dispute referral or 3
purported dispute referral can or should be investigated. 4
(2) The parties must, if the energy ombudsman asks, give the 5
ombudsman reasonable help in the carrying out of a 6
preliminary inquiry. 7
25 Withdrawal of dispute referral 8
(1) A dispute referral may be withdrawn at any time by the 9
referrer. 10
(2) The withdrawal may be by oral or written notice to the energy 11
ombudsman. 12
(3) On the withdrawal, any investigation relating to the dispute 13
referral ends. 14
(4) The energy ombudsman must, as soon as practicable after 15
receiving the notice under subsection (2), give the other party 16
written notice of the withdrawal. 17
Part 4 Investigations 18
26 Notice of investigation 19
(1) On the making of a dispute referral, the energy ombudsman 20
must, as soon as reasonably practicable, give a notice (an 21
investigation notice) to the other party of-- 22
(a) the subject of the relevant dispute; and 23
(b) details of the referrer that the energy ombudsman 24
considers appropriate; and 25
(c) when the energy ombudsman proposes to start to 26
investigate the dispute unless the dispute referral has 27
been withdrawn before that time. 28
(2) However, an investigation notice need not be given if the 29
dispute referral has been withdrawn, 30
s 27 18 s 28
Energy Ombudsman Bill 2006
(3) An investigation notice may be oral or written. 1
(4) However if oral notice is given, the energy ombudsman must 2
confirm it by written notice given within a reasonable period 3
after the giving of the oral notice. 4
(5) This section is subject to section 22. 5
27 When investigation starts 6
An investigation into a dispute referral starts if-- 7
(a) the energy ombudsman has given an investigation notice 8
for the dispute referral; and 9
(b) the dispute referral has not been withdrawn by the time 10
stated in the investigation notice as the time when the 11
energy ombudsman proposes to start the investigation. 12
28 Investigation procedure 13
(1) Unless this Act otherwise provides, the energy ombudsman 14
may regulate the procedure for an investigation in the way the 15
ombudsman considers appropriate. 16
(2) However, if practicable, the procedure must be one that uses 17
mediation or negotiation to attempt to resolve the dispute 18
before the investigation is finished. 19
(3) The energy ombudsman, when carrying out an investigation-- 20
(a) is not bound by the rules of evidence, but must comply 21
with natural justice; and 22
(b) may, but is not required to, hold a hearing for the 23
investigation; and 24
(c) may obtain documents or information that is, are or may 25
be relevant to the investigation, from the persons, and in 26
the way, the energy ombudsman considers appropriate; 27
and 28
(d) may make the inquiries the energy ombudsman 29
considers appropriate; and 30
(e) must act in a way that is fair, reasonable, just, informal 31
and timely, and maintains confidentiality; and 32
s 29 19 s 29
Energy Ombudsman Bill 2006
(f) must act in accordance with practice that, among 1
persons who under laws of other States perform 2
functions similar to those of the energy ombudsman, is 3
accepted as being good practice for performance of the 4
functions. 5
(4) Despite subsection (3)(b), the energy ombudsman can only 6
require the relevant entity to give documents or information 7
by complying with section 29. 8
(5) The energy ombudsman must develop and make guidelines on 9
procedures to be followed for dispute referrals and 10
investigations. 11
(6) However, before making or amending the guidelines, the 12
energy ombudsman must consult with the advisory council. 13
29 Power to require particular documents or information 14
from relevant entity 15
(1) If an investigation into a dispute referral has started, the 16
energy ombudsman may, by written notice, require the 17
relevant entity to give the ombudsman-- 18
(a) stated documents or information (the relevant material), 19
or stated types of documents or information (also the 20
relevant material), in its custody, possession or power 21
that is, are, or may be relevant to the investigation; or 22
(b) access to the relevant material. 23
(2) The notice must state a reasonable period to comply with the 24
requirement. 25
(3) The relevant entity must comply with the notice, unless-- 26
(a) the relevant material is not in its custody, its possession 27
and its power; or 28
(b) the relevant material is in someone else's custody and-- 29
(i) it has made reasonable endeavours to obtain the 30
relevant material from the other person; and 31
(ii) the other person has not given it to the entity; or 32
(c) complying with the notice would place the energy entity 33
in contravention of a law; or 34
s 30 20 s 31
Energy Ombudsman Bill 2006
(d) the requirement relates to someone else's confidential 1
information and the other person has refused to consent 2
to it being disclosed to the energy ombudsman despite 3
the energy entity's reasonable efforts to obtain the 4
consent. 5
Maximum penalty--100 penalty units. 6
(4) To remove any doubt, it is declared that it is not a defence to a 7
proceeding under subsection (3) if-- 8
(a) the giving of the relevant material might tend to 9
incriminate the relevant entity; or 10
(b) the relevant material is confidential to the entity or that 11
the giving of the relevant material might be to the 12
detriment of the entity's commercial or other interests. 13
(5) However, subsection (4) does not affect or otherwise limit 14
sections 31 and 79. 15
30 Custody of documents given to energy ombudsman 16
(1) If a document or other thing is produced to the energy 17
ombudsman for an investigation the energy ombudsman 18
may-- 19
(a) keep it for a reasonable period to carry out the 20
investigation; and 21
(b) for a document--take extracts from or make copies of it. 22
(2) While the energy ombudsman has custody of the document or 23
other thing, the ombudsman must allow it to be inspected at 24
any reasonable time by a person who would have the right to 25
inspect it if it were not in the ombudsman's possession. 26
27
Note--
28
See also section 79 (Privacy).
31 Restriction on disclosing energy entity's confidential 29
information 30
(1) This section applies if the relevant entity has given the energy 31
ombudsman information for a preliminary inquiry about, or an 32
investigation into, a dispute referral. 33
s 32 21 s 32
Energy Ombudsman Bill 2006
(2) The entity may tell the energy ombudsman that it believes the 1
information is confidential or that disclosing the information 2
might be to the detriment of its commercial interests. 3
(3) The energy ombudsman must, acting reasonably, decide 4
whether the ombudsman considers the belief is justified. 5
(4) If the decision is that the belief is justified, the energy 6
ombudsman must not use or disclose the information other 7
than by divulging or communicating it as mentioned in 8
section 79(3). 9
(5) If the decision is that the belief is not justified, the 10
ombudsman may use or disclose the information only-- 11
(a) as mentioned in section 79(3); or 12
(b) for disclosure--if the disclosure is to the other party. 13
(6) However, before disclosing the information to anyone other 14
than an energy ombudsman officer, the energy ombudsman 15
must give the entity reasonable written notice of the proposed 16
disclosure. 17
(7) The energy ombudsman can not use or disclose the 18
information other than as permitted under this section. 19
(8) This section does not limit or otherwise affect section 79 or 20
80. 21
(9) In this section-- 22
information includes a document. 23
32 Interim orders 24
(1) The energy ombudsman may give the relevant entity an order 25
that, until an investigation ends, it must do, not do or stop 26
doing, a stated act concerning the relevant dispute. 27
28
Example of an order not to do a stated act--
29
If the dispute involves disconnection of customer retail services to a
30
small customer, the order could be that, until the investigation ends, the
31
relevant entity must not disconnect the provision of the services to the
32
customer's premises.
(2) However, the energy ombudsman may make the order only if 33
the ombudsman considers it is fair and reasonable in the 34
circumstances. 35
s 33 22 s 34
Energy Ombudsman Bill 2006
(3) The relevant entity must comply with the order. 1
Maximum penalty for subsection (3)--100 penalty units. 2
33 Proceedings after investigation starts 3
(1) This section applies if the energy ombudsman has started an 4
investigation into a dispute referral. 5
(2) The non-entity party is not prevented from starting a 6
proceeding about the relevant dispute. 7
(3) However, if the non-entity party starts a proceeding about the 8
relevant dispute, the investigation ends. 9
(4) The following are not justiciable in a proceeding, other than 10
under the Judicial Review Act 1991, at the instigation of the 11
relevant entity-- 12
(a) the subject of the relevant dispute; 13
(b) any issue that emerges in the course of the investigation. 14
Part 5 Action following investigation 15
Division 1 Resolving dispute 16
34 Decision 17
(1) This section applies for an investigation into a dispute referral 18
unless-- 19
(a) the investigation has ended under section 22(1) or 33(3); 20
or 21
(b) the dispute referral has been withdrawn; or 22
(c) agreement has been reached between the parties under 23
which the relevant dispute has been resolved. 24
(2) After finishing the investigation, the energy ombudsman may 25
decide to make, or refuse to make, an order (a final order) in 26
favour of the non-entity party. 27
s 35 23 s 36
Energy Ombudsman Bill 2006
35 Final orders that may be made 1
(1) A final order may order the relevant entity to do all or any of 2
the following as it relates to the subject of the relevant 3
dispute-- 4
(a) pay compensation to the non-entity party; 5
(b) provide the non-entity party with stated goods or 6
services under the relevant energy Act; 7
(c) amend, or not impose, a stated charge for stated services 8
under the relevant energy Act; 9
(d) perform corrective action or work; 10
(e) correct, delete from or add to a stated record; 11
(f) add to a stated record a statement provided by the 12
non-entity party of a correction, deletion or addition 13
sought by the non-entity party; 14
(g) to do, or not to do or stop doing, a stated act. 15
(2) Also, without limiting subsection (1), the energy ombudsman 16
may make an order ending a negotiated contract between the 17
parties. 18
(3) However, subsection (2) applies only if the energy 19
ombudsman considers the relevant entity's conduct in the 20
formation of the contract was unconscionable, unfair, 21
misleading or deceptive. 22
23
Example--
24
coercion by or for the relevant entity in the formation of the contract
(4) This section is subject to sections 36 and 37. 25
36 Criteria for making final order 26
In making a final order, the energy ombudsman must 27
consider-- 28
(a) the purposes or objects of the relevant energy Act; and 29
(b) the rights and obligations of the parties under any of the 30
following-- 31
(i) the relevant energy Act; 32
s 37 24 s 38
Energy Ombudsman Bill 2006
(ii) a relevant industry code; 1
(iii) a relevant energy Act authority; 2
(iv) any contract between the parties. 3
37 Restrictions on final orders 4
(1) A final order can not require the relevant entity to contravene 5
an energy Act, an industry code, a relevant energy Act 6
authority or a law of the Commonwealth or a State. 7
(2) If an issue arises about whether a proposed final order 8
complies with subsection (1), the energy ombudsman may 9
obtain legal advice on the issue and act on that advice. 10
(3) A final order can not require the relevant entity to incur costs 11
or pay compensation of a total of more than-- 12
(a) the amount prescribed under a regulation; or 13
(b) if no amount is prescribed-- 14
(i) if all of the parties have agreed to an amount of no 15
more than $50000--the agreed amount; or 16
(ii) otherwise--$20000. 17
(4) A final order can not require any of the parties to pay costs of 18
a dispute referral, preliminary inquiry or investigation. 19
38 Notice of decision 20
(1) The energy ombudsman must give the parties written notice (a 21
decision notice) of-- 22
(a) the ombudsman's decision under section 34; and 23
(b) the reasons for the decision. 24
(2) If the decision is to make a final order, the decision notice 25
must state that-- 26
(a) the non-entity party may, by written notice to the energy 27
ombudsman, elect to accept or not to accept the order; 28
and 29
s 39 25 s 40
Energy Ombudsman Bill 2006
(b) a notice electing not to accept may be given only within 1
21 days after the non-entity party receives the decision 2
notice; and 3
(c) if a notice electing not to accept is not given within the 4
21 days, the non-entity party is taken to have elected to 5
accept the order and to be bound by it. 6
39 Restriction on including confidential information in 7
decision notice 8
(1) This section applies for a decision notice for a dispute referral 9
if-- 10
(a) the relevant entity has given the energy ombudsman 11
information for a preliminary inquiry about, or an 12
investigation into, the relevant dispute; and 13
(b) the energy ombudsman relied on the information to 14
decide the dispute referral; and 15
(c) the energy ombudsman considers the information is 16
confidential and that disclosing the information might 17
be to the detriment of its commercial interests. 18
(2) The energy ombudsman must, in giving reasons for the 19
decision, state that the ombudsman has relied on confidential 20
information given by the relevant entity, without disclosing 21
what the information is. 22
(3) In this section-- 23
information includes a document. 24
Division 2 Acceptance of final order by 25
non-entity party 26
40 Election to accept or not to accept 27
(1) The non-entity party may, by written notice (election notice) 28
to the energy ombudsman, elect to accept or not to accept a 29
final order. 30
(2) An election notice may be given only within 21 days after the 31
non-entity party receives a decision notice about the order. 32
s 41 26 s 41
Energy Ombudsman Bill 2006
(3) If, under an election notice, the election is not to accept the 1
order, the order stops having effect. 2
(4) If an election notice is not given within the 21 days, the 3
non-entity party is taken to have elected to accept the order 4
and to be bound by it. 5
(5) The energy ombudsman must, as soon as practicable, give the 6
relevant entity a written notice about whether or not the order 7
has been accepted. 8
41 Effect of accepted order 9
(1) This section applies only for an accepted order. 10
(2) The order-- 11
(a) is final and conclusive; and 12
(b) binds the parties for all matters that were the subject of 13
the relevant dispute. 14
(3) Subject to the Judicial Review Act 1991, the order-- 15
(a) can not be challenged, appealed against, reviewed, 16
quashed, set aside or called into question (whether by 17
the Supreme Court, another court, a tribunal, an 18
authority or a person) in any way; and 19
(b) is not subject to any declaratory, injunctive or other 20
order of the Supreme Court, another court, a tribunal, an 21
authority or a person on any ground. 22
(4) The parties can not start a proceeding about any of the 23
matters. 24
(5) A court or tribunal must dismiss a proceeding started in 25
contravention of subsection (3) or (4). 26
(6) In this section-- 27
order includes an order affected by jurisdictional error. 28
proceeding does not include a proceeding under the Judicial 29
Review Act 1991. 30
s 42 27 s 44
Energy Ombudsman Bill 2006
Division 3 Enforcement of final orders 1
42 How final order for an amount may be enforced 2
(1) This section applies to an accepted order that provides that the 3
relevant entity must pay a stated amount to the non-entity 4
party. 5
(2) The non-entity party may file the order in a Magistrates Court. 6
(3) The energy ombudsman may do the filing for the non-entity 7
party. 8
(4) Once filed, the order is taken to be a judgment of that court for 9
the stated amount in favour of the non-entity party, against the 10
relevant entity. 11
43 Non-entity party's duty to allow relevant entity 12
to comply with particular accepted orders 13
The non-entity party must do anything that is both necessary 14
and reasonable to allow the relevant entity to comply with an 15
accepted order. 16
44 Inquiry and directions about failure to comply with duty 17
(1) This section applies if the non-entity party does not comply 18
with the duty under section 43 for an accepted order. 19
(2) The relevant entity may give the energy ombudsman a written 20
report about the contravention. 21
(3) The entity must give the non-entity party a copy of the report 22
as soon as practicable after it is given to the energy 23
ombudsman. 24
(4) On receiving the report, the energy ombudsman may 25
investigate the matter and give the non-entity party and the 26
relevant entity written directions (compliance directions) that 27
the ombudsman considers are appropriate to allow the entity 28
to comply with the order. 29
(5) However, the energy ombudsman must not give compliance 30
directions unless the non-entity party and the relevant entity 31
have been given a reasonable opportunity to give the 32
s 45 28 s 46
Energy Ombudsman Bill 2006
ombudsman oral or written submissions about the matter and 1
the proposed directions. 2
(6) For subsections (4) and (5), part 4 applies, with necessary 3
changes, to the investigation as if it were an investigation that 4
had started. 5
45 Failure of non-entity party to comply with compliance 6
directions 7
(1) This section applies if the non-entity party does not comply 8
with compliance directions for an accepted order within a 9
reasonable period after they are given. 10
(2) The energy ombudsman may, by written notice to the 11
non-entity party and the relevant entity, declare that the entity 12
has complied with the accepted order. 13
(3) The declaration binds the non-entity party. 14
46 Failure by relevant entity to comply with accepted order 15
or compliance directions 16
(1) The relevant entity must comply with compliance directions 17
given for an accepted order. 18
Maximum penalty--100 penalty units. 19
(2) Without limiting subsection (1), subsections (3) to (5) apply if 20
the relevant entity does not comply with an accepted order or 21
compliance directions of which it has had notice. 22
(3) The energy ombudsman or the non-entity party may, by 23
written notice, refer the noncompliance to the regulator under 24
the energy Act under which the relevant entity is performing 25
energy entity functions. 26
(4) The energy Act regulator may take action against the relevant 27
entity, under the following section of the energy Act-- 28
(a) for the Electricity Act 1994--section 133; 29
(b) for the Gas Supply Act 2003-- 30
(i) if the entity is a distributor--section 57 or chapter 31
6, part 1A; or 32
s 47 29 s 49
Energy Ombudsman Bill 2006
(ii) if the entity is a retailer--section 181 or chapter 6, 1
part 1A. 2
(5) The noncompliance is taken to be a ground for taking action 3
under the section or part. 4
Division 4 Miscellaneous provision 5
47 Dismissal or non-acceptance does not affect other 6
proceedings 7
(1) This section applies if-- 8
(a) under section 34, the energy ombudsman decides to 9
refuse to make a final order; or 10
(b) a non-entity party elects, under section 40, not to accept 11
a final order. 12
(2) The decision or election does not stop a proceeding from 13
being started that relates to the subject of the relevant dispute. 14
Part 6 Advisory council 15
48 Establishment 16
An advisory council is established. 17
49 Functions 18
The advisory council's functions are to-- 19
(a) monitor the energy ombudsman's independence; and 20
(b) advise the energy ombudsman on the following-- 21
(i) policy and procedural issues relating to this Act; 22
(ii) the operation of this Act for small customers and 23
relevant occupiers of land; 24
(iii) the development of guidelines under section 28(5); 25
s 50 30 s 51
Energy Ombudsman Bill 2006
(iv) the preparation of budgets under section 74, 1
guidelines under section 75 and annual reports 2
under section 77; and 3
(c) advise the Minister on the funding of the energy 4
ombudsman's functions. 5
50 Appointment 6
(1) The advisory council consists of a chairperson and at least 6 7
other members appointed by the Minister. 8
(2) The chairperson must be independent of the interests of 9
scheme members or non-entity parties. 10
(3) The other members must consist of-- 11
(a) members drawn from scheme members who represent 12
the interests of scheme members (industry members); 13
and 14
(b) an equal number of members drawn from groups who 15
represent the interests of non-entity parties (consumer 16
members). 17
(4) The industry members must be appointed on the chairperson's 18
recommendation, after consultation with scheme members. 19
(5) The consumer members must be appointed on the 20
chairperson's recommendation, after consultation with 21
consumer groups and community welfare organisations. 22
(6) At least 2 of the industry members must represent the interests 23
of retailers and at least 1 of the industry members must 24
represent the interests of distributors. 25
Part 7 Particular provisions about the 26
energy ombudsman 27
51 Appointment 28
(1) The energy ombudsman is appointed by the Governor in 29
Council. 30
s 52 31 s 55
Energy Ombudsman Bill 2006
(2) The energy ombudsman is appointed under this Act and not 1
the Public Service Act 1996. 2
52 Term of appointment 3
(1) The energy ombudsman holds office for the term stated in the 4
ombudsman's instrument of appointment. 5
(2) The stated term must not be more than 5 years. 6
(3) The energy ombudsman may be reappointed. 7
(4) However, a person must not be reappointed if the total of the 8
person's terms of appointment would be more than 10 years. 9
53 Remuneration and conditions 10
(1) The energy ombudsman is to be paid the remuneration and 11
travelling and other allowances decided by the Governor in 12
Council. 13
(2) The remuneration must not be reduced during the energy 14
ombudsman's term of office without the ombudsman's written 15
consent. 16
(3) The energy ombudsman is entitled to the leave of absence 17
decided by the Governor in Council. 18
54 Restriction on outside employment 19
The energy ombudsman must not, without the Minister's prior 20
approval in each particular case-- 21
(a) hold any office of profit other than that of energy 22
ombudsman; or 23
(b) engage in any remunerative employment or undertaking 24
outside the duties of that office. 25
55 Resignation 26
The energy ombudsman may, at any time, resign office as 27
energy ombudsman by signed written notice, addressed to the 28
Governor in Council. 29
s 56 32 s 57
Energy Ombudsman Bill 2006
56 Acting energy ombudsman 1
(1) The Governor in Council may appoint a person to act as 2
energy ombudsman-- 3
(a) during a vacancy in the office; or 4
(b) during any period, or during all periods, when the 5
energy ombudsman is absent from duty or from the 6
State or is, for another reason, unable to perform the 7
duties of the office. 8
(2) However, the person can not be appointed for more than 6 9
months in any 12 month period. 10
(3) The acting energy ombudsman is appointed under this Act and 11
not the Public Service Act 1996. 12
(4) The energy ombudsman is to be paid the remuneration and 13
travelling and other allowances decided by the Governor in 14
Council. 15
57 Termination of appointment 16
(1) The Governor in Council may, on an address or resolution 17
from the Legislative Assembly, terminate the appointment of 18
the energy ombudsman if the ombudsman-- 19
(a) is found guilty of an indictable offence; or 20
(b) becomes incapable of performing the functions of the 21
energy ombudsman because of physical or mental 22
incapacity; or 23
(c) becomes an insolvent under administration; or 24
(d) is guilty of misconduct of a type that could warrant 25
dismissal from the public service if the energy 26
ombudsman were an officer of the public service; or 27
(e) contravenes section 54. 28
(2) The Acts Interpretation Act 1954, section 25(1)(b)(i) to (iii) 29
does not apply for the energy ombudsman. 30
(3) In this section-- 31
insolvent under administration means-- 32
s 58 33 s 58
Energy Ombudsman Bill 2006
(a) a person who is an undischarged bankrupt under the 1
Bankruptcy Act 1966 (Cwlth) or the provisions of a 2
foreign law that correspond to that Act; or 3
(b) a person who has executed a deed of arrangement under 4
the Bankruptcy Act 1966 (Cwlth), part X or the 5
provisions of a foreign law that correspond to that Act, 6
if the terms of the deed have not been fully complied 7
with; or 8
(c) a person whose creditors have accepted a composition 9
under the Bankruptcy Act 1966 (Cwlth), part X or the 10
provisions of a foreign law that correspond to that Act, 11
if a final payment has not been made under that 12
composition; or 13
(d) a person for whom a debt agreement has been made 14
under the Bankruptcy Act 1966 (Cwlth), part IX or the 15
provisions of a foreign law that correspond to that Act, 16
if the debt agreement has not ended or has not been 17
terminated. 18
58 Preservation of rights 19
(1) This section applies if an officer of the public service is 20
appointed as the energy ombudsman. 21
(2) The person keeps all rights accrued or accruing to the person 22
as an officer of the public service as if service as the energy 23
ombudsman were a continuation of service as a public service 24
officer. 25
(3) At the end of the person's term of office or resignation as the 26
energy ombudsman-- 27
(a) the person has the right to be appointed to an office in 28
the public service at a salary level no less than the 29
current salary level of an office equivalent to the office 30
the person held before being appointed as the energy 31
ombudsman; and 32
(b) the person's service as the energy ombudsman is taken 33
to be service of a like nature in the public service for 34
deciding the person's rights as an officer of the public 35
service. 36
s 59 34 s 62
Energy Ombudsman Bill 2006
Part 8 Administration 1
Division 1 Energy ombudsman office 2
59 Office of the Energy Ombudsman 3
(1) An office called the Office of the Energy Ombudsman is 4
established. 5
(2) The office's function is to help the energy ombudsman 6
perform the ombudsman's functions. 7
(3) The office consists of the energy ombudsman and the officers 8
of the energy ombudsman. 9
60 Control of office 10
(1) The energy ombudsman controls the energy ombudsman 11
office. 12
(2) Subsection (1) does not prevent the attachment of the energy 13
ombudsman office to a department to ensure the energy 14
ombudsman office is supplied with the administrative support 15
services it requires to perform its functions effectively and 16
efficiently. 17
61 Officers 18
Energy ombudsman officers are appointed under the Public 19
Service Act 1996 and are officers of the public service. 20
62 Officers not subject to outside direction 21
An energy ombudsman officer is not subject to direction by 22
any person, other than from within the energy ombudsman 23
office, about-- 24
(a) the way the energy ombudsman's powers for 25
investigations are to be exercised; or 26
(b) the priority given to investigations. 27
s 63 35 s 65
Energy Ombudsman Bill 2006
63 Alternative staffing arrangements 1
The energy ombudsman may arrange with the chief executive 2
of a government agency for the services of staff, or for 3
facilities, of the agency to be made available to the 4
ombudsman. 5
Division 2 Funding of energy ombudsman 6
office 7
Subdivision 1 Membership fees 8
64 Scheme membership 9
(1) A retailer becomes a scheme member only when it enters into 10
a contract for the provision of, or starts to provide, customer 11
retail services to a small customer. 12
(2) Any other type of energy entity becomes a scheme member 13
when it becomes an energy entity. 14
(3) If an entity stops being an energy entity it continues to be a 15
scheme member for 12 months from when it stopped being an 16
energy entity 17
(4) To remove any doubt, it is declared that cessation of scheme 18
membership by an entity does not affect an obligation to pay a 19
fee under this Act or any other obligation under this Act that 20
accrued before the cessation. 21
65 Annual fees 22
(1) Generally, performance of the energy ombudsman's functions 23
is funded by fees imposed on each scheme member. 24
25
Note--
26
Under section 70, the functions may, in particular circumstances, also be
27
funded by supplementary fees.
(2) The fees are-- 28
(a) a fee (the membership fee) for being a scheme member 29
during all or part of a financial year; and 30
s 66 36 s 67
Energy Ombudsman Bill 2006
(b) a fee (the user-pays fee) for the member's costs for the 1
performance of the energy ombudsman's functions. 2
(3) The membership fee and the user-pays fee must be paid to the 3
energy ombudsman office. 4
66 When membership fee is payable 5
(1) The energy ombudsman must give each scheme member at 6
the start of a financial year an invoice for the membership fee 7
for that year. 8
(2) If an energy entity becomes a scheme member during a 9
financial year, the energy ombudsman must give the member 10
an invoice for the membership fee for the year. 11
(3) The amount of an invoice must be worked out under section 12
67. 13
(4) The membership fee is payable 14 days after the scheme 14
member receives the invoice. 15
67 Amount of membership fee 16
(1) If an energy entity is or becomes a scheme member at the start 17
of a financial year (the relevant financial year), its 18
membership fee for that year is-- 19
(a) if it provides customer connection services under only 1 20
energy Act-- 21
(i) the amount prescribed under a regulation; or 22
(ii) if no amount is prescribed--$5000; or 23
(b) if it provides customer connection services under 2 24
energy Acts-- 25
(i) the amount prescribed under a regulation; or 26
(ii) if no amount is prescribed--$10000; or 27
(c) if it provides customer retail services under 1 energy 28
Act-- 29
(i) the amount prescribed under a regulation; or 30
(ii) if no amount is prescribed--$5000; or 31
s 68 37 s 68
Energy Ombudsman Bill 2006
(d) if it provides customer retail services under 2 energy 1
Acts-- 2
(i) the amount prescribed under a regulation; or 3
(ii) if no amount is prescribed--$10000. 4
(2) Subsection (1) continues to apply to the entity even if it stops 5
being an energy entity during the relevant financial year. 6
(3) However, if the entity stops being an energy entity during the 7
relevant financial year, subsection (1) does not apply to it for 8
any subsequent financial year, even though, under section 64, 9
it continues to be a scheme member. 10
(4) If an energy entity becomes a scheme member during a 11
financial year, its membership fee for that year is the amount 12
worked out by applying the following formula-- 13
FF × ND
---------------------
-
365
where-- 14
FF means the full membership fee that would have been 15
payable under subsection (1) had the energy entity been-- 16
(a) a scheme member at the start of the financial year; and 17
(b) providing the same customer connection services or 18
customer retail services that it provided when it became 19
a scheme member. 20
ND means the number of days during which the entity is a 21
scheme member during the financial year. 22
68 When user-pays fee is payable 23
(1) The energy ombudsman must at least 14 days, but no more 24
than 1 month, before the end of each quarter-- 25
(a) work out, under section 69, the user-pays fee for the 26
next quarter payable by each energy entity who is then a 27
scheme member; and 28
(b) give the scheme member an invoice for the fee. 29
(2) If an energy entity becomes a scheme member during a 30
quarter, the energy ombudsman must-- 31
s 69 38 s 69
Energy Ombudsman Bill 2006
(a) work out, under section 69, the user-pays fee payable by 1
the scheme member for the period (the part quarter) 2
from when the entity became a scheme member to the 3
end of the quarter; and 4
(b) give the scheme member an invoice for the amount of 5
the fee for the part quarter. 6
(3) For applying section 69 for the part quarter, a reference in 7
section 69 to the assessed quarter is taken to include a 8
reference to the part quarter. 9
(4) The user-pays fee for the next quarter or part quarter is 10
payable 14 days after the scheme member receives the 11
invoice. 12
69 Working out user-pays fee 13
(1) This section provides for the working out of a scheme 14
member's user-pays fee for a quarter (the assessed quarter). 15
(2) The energy ombudsman must prepare a forecast of the costs 16
(forecasted costs) that the ombudsman reasonably considers 17
will be the scheme member's likely relevant performance 18
costs for the assessed quarter. 19
(3) In making the forecast for the assessed quarter, the energy 20
ombudsman may, but is not required to, have regard to the 21
scheme member's relevant performance costs for the previous 22
quarter or likely relevant performance costs for the current 23
quarter. 24
(4) The amount of the scheme member's user-pays fee for the 25
assessed quarter is the amount of the forecasted costs for the 26
quarter, subject to any adjustment required under subsection 27
(6) or (7). 28
(5) Subsections (6) to (8) apply if the actual amount of the 29
scheme member's relevant performance costs for the previous 30
quarter are different to what were the forecasted costs for that 31
quarter. 32
(6) If the forecasted costs were greater than the actual costs, the 33
forecasted costs for the assessed quarter must be reduced by 34
the difference (the positive figure). 35
s 70 39 s 70
Energy Ombudsman Bill 2006
(7) If the forecasted costs were less than the actual costs, the 1
forecasted costs for the assessed quarter must be increased by 2
the difference. 3
(8) The scheme member is not entitled to, or to be credited for, 4
interest on the positive figure. 5
(9) In this section-- 6
current quarter means the quarter in which the forecast for 7
the assessed quarter is made. 8
previous quarter means the quarter ending immediately 9
before the current quarter, whether or not the scheme member 10
was a scheme member for all of that quarter. 11
relevant performance costs, for a scheme member for a 12
quarter, are the costs incurred by the energy ombudsman 13
during the quarter to perform the ombudsman's functions 14
relating to the member, as worked out under the budget 15
guidelines prepared under section 75, in relation to dispute 16
referrals made to the ombudsman for the member. 17
70 Supplementary fees 18
(1) Subsection (2) applies if, at any time, the energy ombudsman 19
considers that, because of any of the following, receipts from 20
ordinary fees are not, or may not be, enough to fund all of the 21
ombudsman's functions-- 22
(a) unforeseen expenditure; 23
(b) a revised budget. 24
(2) A regulation may impose a supplementary fee on all scheme 25
members, or a stated class of scheme members, of an amount 26
that will allow all of the functions to be funded. 27
(3) Subsection (4) applies if, at any time, the energy ombudsman 28
considers that because of a particular matter concerning an 29
individual scheme member, receipts from ordinary fees are 30
not, or may not be, enough to fund all of the ombudsman's 31
functions. 32
(4) A regulation may impose a supplementary fee on the 33
individual scheme member of an amount that the energy 34
s 71 40 s 71
Energy Ombudsman Bill 2006
ombudsman considers will allow all of the functions to be 1
funded. 2
(5) A supplementary fee must be paid at the time and in the way 3
provided for under a regulation. 4
(6) In this section-- 5
ordinary fees means membership fees and user-pays fees. 6
Subdivision 2 Late payments 7
71 Unpaid fee interest 8
(1) A scheme member must pay interest (unpaid fee interest) on 9
any fee payable under this division and not paid from time to 10
time (an unpaid fee amount). 11
(2) Unpaid fee interest accrues daily at the rate provided for under 12
subsection (3) on an unpaid fee amount for the period starting 13
on the day immediately after the day the unpaid fee amount 14
became payable and ending on the day the unpaid fee amount 15
is paid in full, both days inclusive. 16
(3) For subsection (2), the rate for each of the days is the rate that 17
is the sum of the following-- 18
(a) 5%; 19
(b) the bank bill yield rate for the day, rounded to the 20
nearest second decimal point. 21
(4) In this section-- 22
bank bill yield rate, for a day, means the monthly average 23
yield of 90-day bank accepted bills published by the Reserve 24
Bank of Australia for the month of May in the financial year 25
immediately preceding the financial year that includes the 26
day. 27
28
Note--
29
The monthly average yield for 90-day bank accepted bills is published
30
in the Reserve Bank of Australia Bulletin and could, at the
31
commencement of this section, be accessed on the internet at
32
.
s 72 41 s 74
Energy Ombudsman Bill 2006
72 Energy ombudsman may remit unpaid fee interest 1
(1) The energy ombudsman may remit all or part of any unpaid 2
fee interest a scheme member owes. 3
(2) The remission must be made by written notice given to the 4
scheme member. 5
73 Recovery of unpaid amounts 6
If a scheme member does not pay a fee or unpaid fee interest 7
payable under this division, the State may recover the amount 8
of the fee or interest from the member as a debt. 9
Division 3 Other matters 10
74 Annual budgets 11
(1) The energy ombudsman must, before each 31 March, prepare, 12
in consultation with the advisory council, a budget of 13
estimated costs of the energy ombudsman office for the next 14
financial year, having regard to expected membership fees and 15
user-pays fees for the year. 16
(2) A budget has no effect until it has been approved by the 17
Minister on the recommendation of the advisory council and 18
the energy ombudsman. 19
(3) During a financial year the energy ombudsman may prepare 20
amendments to the office's budget for that year. 21
(4) An amendment of a budget has no effect until it has been 22
approved by the Minister on the recommendation of the 23
advisory council and the energy ombudsman. 24
(5) If the advisory council and the energy ombudsman differ 25
about what should be recommended to the Minister for an 26
approval under this section, the Minister may still give the 27
approval. 28
(6) The energy ombudsman may authorise spending by the office 29
during a financial year only under the budget for that year, 30
unless the Minister otherwise approves. 31
s 75 42 s 77
Energy Ombudsman Bill 2006
(7) This section does not require the energy ombudsman to give 1
the Minister any details that would, if given, prejudice a 2
current investigation. 3
75 Budget guidelines 4
The energy ombudsman must, in consultation with the 5
advisory council, prepare budget guidelines, including 6
guidelines for the working out and structure of user-pays fees. 7
76 Delegation 8
(1) The energy ombudsman may delegate the ombudsman's 9
functions to an appropriately qualified energy ombudsman 10
officer. 11
(2) However, the following functions can not be delegated-- 12
(a) making a decision under section 34 about a dispute 13
referral, other than with the agreement of the parties; 14
(b) giving an annual report under section 77. 15
(3) In this section-- 16
appropriately qualified includes having the qualifications, 17
experience or standing to exercise the power. 18
19
Examples of standing--
20
a person's classification level in the public service
77 Annual report 21
(1) The energy ombudsman must-- 22
(a) prepare and give to the Minister a written report about 23
the operations of the energy ombudsman office during 24
each financial year; and 25
(b) as soon as practicable after it is given to the Minister, 26
publish it on the energy ombudsman's website. 27
(2) The report must be given as soon as practicable after the end 28
of the financial year, but within 4 months after the year ends. 29
(3) Without limiting subsection (1), the energy ombudsman must 30
include in the report-- 31
s 78 43 s 78
Energy Ombudsman Bill 2006
(a) a description of the following matters for the year-- 1
(i) dispute referrals made; 2
(ii) dispute referrals that the energy ombudsman 3
decided, under section 22, not to investigate or 4
continue to investigate; 5
(iii) dispute referrals investigated; 6
(iv) decisions under section 34, including final orders 7
made; 8
(v) matters referred to an energy Act regulator or 9
QCA; and 10
(b) details of other functions performed by the energy 11
ombudsman or energy ombudsman officers during the 12
year; and 13
(c) financial statements for the energy ombudsman office 14
for the year. 15
(4) A description may include statistics. 16
(5) The report must not be prepared in a way that discloses 17
confidential information. 18
78 Reports and observations on energy ombudsman's 19
initiative 20
(1) If the energy ombudsman considers it appropriate, the 21
ombudsman may give any of the following a report on, or 22
make observations about, a matter arising from the 23
performance of the energy ombudsman's functions-- 24
(a) a scheme member; 25
(b) an energy Act regulator; 26
(c) the Minister; 27
(d) the advisory council; 28
(e) any public forum. 29
(2) However, a report or observation can not be made under 30
subsection (1) if-- 31
s 79 44 s 79
Energy Ombudsman Bill 2006
(a) it is derived from information that is confidential or the 1
disclosure of which might detriment commercial 2
interests; or 3
(b) the making of the report or observation will result in 4
confidential information being disclosed. 5
(3) Subsection (2) applies even if the energy ombudsman has, 6
under section 31, decided that a belief that the information is 7
confidential is not justified. 8
79 Privacy 9
(1) This section applies to a person who-- 10
(a) is, or has been, the energy ombudsman or an energy 11
ombudsman officer; and 12
(b) obtains in the course of, or because of, any of the 13
following, personal or confidential information that is 14
not publicly available-- 15
(i) a preliminary inquiry; 16
(ii) an investigation; 17
(iii) the performance of another function of the energy 18
ombudsman. 19
(2) The person must not-- 20
(a) make a record of the information; or 21
(b) divulge or communicate the information to anyone else, 22
whether directly or indirectly; or 23
(c) use the information to benefit any person. 24
Maximum penalty--100 penalty units. 25
(3) However, subsection (2) does not apply if the record is made, 26
or the information is divulged, communicated or used-- 27
(a) for, or as a part of-- 28
(i) the performance of the preliminary inquiry, 29
investigation or other function of the energy 30
ombudsman; or 31
s 80 45 s 80
Energy Ombudsman Bill 2006
(ii) formulating a report about or arising from the 1
preliminary inquiry, investigation or other 2
function; or 3
(b) with the consent of the person to whom the information 4
relates; or 5
(c) as required by law; or 6
(d) under section 80(1). 7
8
Note--
9
Sections 31 and 39 also limit the disclosure of particular confidential
10
information obtained during the performance of the energy
11
ombudsman's functions.
(4) Subsection (3)(a) does not limit section 78(2) and (3). 12
(5) Unless it is necessary to do so for carrying this Act into effect, 13
the person is not required-- 14
(a) to divulge or communicate the information to a court, 15
tribunal, authority or person having power to require the 16
production of documents or the answering of questions; 17
or 18
(b) to produce in court a document that contains the 19
information. 20
80 Disclosure of particular information 21
(1) If, under this Act, an energy entity gives the energy 22
ombudsman written information about the entity, the 23
ombudsman must disclose the information to a relevant 24
regulatory body if-- 25
(a) the body asks the energy ombudsman for the disclosure, 26
to perform its functions under an Act; and 27
(b) the entity consents to the disclosure. 28
(2) If, under another Act, an energy entity gives a relevant 29
regulatory body written information about the entity, the body 30
must disclose the information to the energy ombudsman if-- 31
(a) the energy ombudsman asks the body for the disclosure, 32
to perform the ombudsman's functions under this Act; 33
and 34
s 81 46 s 83
Energy Ombudsman Bill 2006
(b) the entity consents to the disclosure. 1
(3) For subsections (1) and (2), consent is taken to have been 2
given if, under an energy Act authority held by the entity, the 3
consent is required to be given. 4
(4) In this section-- 5
relevant regulatory body means-- 6
(a) QCA; or 7
(b) the regulator under an energy Act. 8
81 Protection from liability 9
(1) The energy ombudsman or an energy ombudsman officer does 10
not incur civil liability for an act done, or omission made, 11
honestly and without negligence under this Act. 12
(2) If subsection (1) prevents a civil liability attaching to the 13
energy ombudsman or an energy ombudsman officer, the 14
liability attaches instead to the State. 15
82 Approved forms 16
The energy ombudsman may approve forms for use under this 17
Act. 18
83 Regulation-making power 19
(1) The Governor in Council may make regulations under this 20
Act. 21
(2) A regulation may provide for a maximum penalty of no more 22
than 20 penalty units for a contravention of a regulation. 23
s 84 47 s 85
Energy Ombudsman Bill 2006
Part 9 Transitional provisions 1
Division 1 Preliminary 2
84 Definitions for pt 9 3
In this part-- 4
changeover day means the day section 18 commences. 5
former user-pays provisions means Electricity Act 1994, 6
former sections 64A, 64D and 64E, to the extent they relate to 7
the user-pays fee under that Act. 8
Division 2 Transitional provisions for funding 9
and first budget 10
85 User-pays fees for changeover quarters 11
(1) User-pays fees under this Act are payable by scheme 12
members for the changeover quarters as if sections 64, 65, 68 13
and 69 had commenced one month before the first changeover 14
quarter started. 15
(2) For subsection (1), if the energy ombudsman has not yet been 16
appointed, the fees must be paid to the regulator, for the 17
ombudsman. 18
(3) The former user-pays provisions do not apply for the 19
changeover quarters, but continue to apply for any quarter that 20
ended on or before the first changeover quarter. 21
(4) In this section-- 22
changeover quarters means the first changeover quarter and 23
second changeover quarter. 24
first changeover quarter means the last quarter to end on or 25
before the changeover day. 26
regulator means the regulator under the Electricity Act 1994. 27
second changeover quarter means the first quarter to start on 28
or after the first changeover quarter. 29
s 86 48 s 88
Energy Ombudsman Bill 2006
86 Reference to previous fees for working out user-pays fee 1
under this Act 2
(1) This section applies if, under the former user-pays provisions, 3
a user-pays fee (the previous fee) was payable by a member 4
entity under that Act for a quarter (the earlier quarter) ending 5
on or before the first changeover quarter under section 85. 6
(2) If the member entity is a scheme member under this Act, the 7
previous fee is, for working out the scheme member's 8
user-pays fee under section 69, taken to be its user-pays fee 9
for the earlier quarter. 10
(3) If, under the Energy Assets (Restructuring and Disposal) Act 11
2006, a scheme member acquired all or part of the business of 12
the member entity, the energy ombudsman may have regard to 13
the previous fee in preparing a forecast under section 69 for 14
the member. 15
87 Budget for first financial year 16
Section 74 does not apply for the following period-- 17
(a) if the changeover day is a day on which a financial year 18
starts--that financial year; 19
(b) otherwise--the period from the changeover day to the 20
start of the next financial year. 21
Division 3 Existing disputes under energy Act 22
88 Application of div 3 23
(1) This division applies if, immediately before the changeover 24
day-- 25
(a) under an energy Act, as in force immediately before the 26
changeover day, a dispute between a customer and an 27
energy entity had been referred to an energy Act 28
regulator; and 29
(b) a mediated agreement or order under the energy Act, 30
that has taken effect and binds the parties to the dispute, 31
has not resolved the dispute. 32
s 89 49 s 92
Energy Ombudsman Bill 2006
(2) This division applies even if the customer is not a small 1
customer as defined under this Act. 2
89 Referral becomes a dispute referral 3
(1) The referral is taken to be a dispute referral under this Act, 4
made to the energy ombudsman on the changeover day. 5
(2) The energy ombudsman may start an investigation into the 6
dispute referral without giving an investigation notice. 7
90 Documents and information given for energy Act referral 8
(1) If, under the energy Act, a party to the dispute had given the 9
regulator, an energy mediator or energy arbitrator (the 10
official) documents or information to perform functions under 11
that Act for the dispute, the official must give the energy 12
ombudsman the documents or information. 13
(2) The documents or information are taken to have been given to 14
the energy ombudsman for the investigation. 15
(3) This section does not affect any privilege or protection that 16
applied for the giving of the documents or information to the 17
official. 18
Part 10 Amendment of Public Service 19
Act 1996 20
91 Act amended in pt 10 21
This part amends the Public Service Act 1996. 22
92 Amendment of sch 1 (Public service offices and their 23
heads) 24
Schedule 1-- 25
insert-- 26
s 93 50 s 95
Energy Ombudsman Bill 2006
1
`12B Office of the Energy Energy Ombudsman under the
Ombudsman under the Energy Ombudsman Act 2006'.
Energy Ombudsman Act
2006
Part 11 Amendment of Queensland 2
Competition Authority Act 1997 3
93 Act amended in pt 11 4
This part amends the Queensland Competition Authority Act 5
1997. 6
94 Amendment of s 187 (Confidential information) 7
Section 187(3)-- 8
insert-- 9
`(j) the energy ombudsman, to facilitate the performance of the 10
the ombudsman's functions under the Energy Ombudsman Act 11
2006.'. 12
95 Amendment of s 239 (Confidential information) 13
(1) Section 239(2)-- 14
insert-- 15
`(h) the energy ombudsman, to facilitate the performance of the 16
the ombudsman's functions under the Energy Ombudsman Act 17
2006.'. 18
(2) Section 239(3)-- 19
renumber as section 239(4). 20
(3) Section 239-- 21
s 95 51 s 95
Energy Ombudsman Bill 2006
insert-- 1
`(3) If, under subsection (2)(h), the authority discloses information 2
to the energy ombudsman, it must tell the energy ombudsman 3
that the information-- 4
(a) is confidential information to which this section applies; 5
and 6
(b) has been disclosed under subsection (2)(h).'. 7
52
Energy Ombudsman Bill 2006
Schedule Dictionary 1
section 4 2
accepted order means a final order that has been accepted 3
under section 40. 4
advisory council means the advisory council established 5
under section 48. 6
compliance directions see section 44(4). 7
connection contract means a connection contract under an 8
energy Act. 9
customer connection services means customer connection 10
services under an energy Act. 11
customer retail services means customer retail services under 12
an energy Act. 13
decision notice see section 38(1). 14
dispute referral means a referral made under section 18. 15
distributor means a distribution entity under the Electricity 16
Act 1994 or a distributor under the Gas Supply Act 2003. 17
energy Act see section 5. 18
energy Act authority means an approval, authority or licence 19
under an energy Act for customer connection services or 20
customer retail services. 21
energy Act regulator means the regulator under an energy 22
Act. 23
energy entity see section 7. 24
energy entity function see section 8. 25
energy ombudsman means the person who, under part 7, 26
holds appointment as energy ombudsman. 27
energy ombudsman office means the Office of the Energy 28
Ombudsman established under section 59. 29
energy ombudsman officer means an officer mentioned in 30
section 59(3). 31
53
Energy Ombudsman Bill 2006
Schedule 1 (continued)
final order see section 34(2). 1
industry code means an industry code under an energy Act. 2
investigation means an investigation under this Act. 3
investigation notice see section 26(1). 4
membership fee see section 65(2)(a). 5
negotiated contract means a negotiated connection contract 6
or negotiated retail contract under an energy Act. 7
non-entity party, for a provision about a dispute referral or 8
final order, means the small customer or occupier who is a 9
party to the relevant dispute for the referral or order. 10
ombudsman means the energy ombudsman. 11
party, for a provision about a dispute referral, preliminary 12
inquiry, investigation, final order or accepted order, means the 13
small customer, the occupier of land or the energy entity who 14
is a party to the relevant dispute for the dispute referral, 15
inquiry, investigation or order. 16
preliminary inquiry means inquiries made under section 17
24(1). 18
QCA means the Queensland Competition Authority under the 19
Queensland Competition Authority Act 1997. 20
quarter means a 3 month period ending at the end of 31 21
March, 30 June, 30 September or 31 December. 22
referrer, for a provision about-- 23
(a) a dispute referral or purported dispute referral--means 24
the person who made, or purported to make, the referral; 25
or 26
(b) a final order--means the person who made the dispute 27
referral the subject of the order. 28
relevant dispute for-- 29
(a) a provision about a dispute referral or proposed dispute 30
referral--means the dispute the subject of the dispute 31
referral or proposed dispute referral; or 32
54
Energy Ombudsman Bill 2006
Schedule 1 (continued)
(b) a preliminary inquiry or an investigation--means the 1
dispute being inquired or investigated; or 2
(c) a provision about a final order or proposed final 3
order--means the dispute referral for which the order 4
was made or the proposed order is to be made. 5
relevant entity for-- 6
(a) a provision about a dispute referral, proposed dispute 7
referral or final order--means the energy entity or entity 8
mentioned in section 18(2) who performed the energy 9
entity function the subject of the relevant dispute for the 10
dispute referral, proposed dispute referral or order; or 11
(b) an investigation--means the energy entity or entity 12
mentioned in section 18(2) who performed the energy 13
entity function the subject of the relevant dispute for the 14
investigation. 15
relevant occupier, of land, means a person who is, or may be, 16
an occupier of land, as mentioned in section 18(1)(b). 17
retail contract means a retail contract under an energy Act. 18
retailer means a retail entity under the Electricity Act 1994 or 19
a retailer under the Gas Supply Act 2003. 20
scheme member means an entity that, under section 64, is a 21
scheme member. 22
small customer see section 6. 23
special approval means a special approval under the 24
Electricity Act 1994. 25
unpaid fee interest see section 71(1). 26
user-pays fee see section 65(2)(b). 27
© State of Queensland 2006
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