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1
Community Ambulance Cover and Other Acts
Amendment Bill 2007
Community Ambulance Cover and Other
Acts Amendment Bill 2007
Explanatory Notes
General Outline
Policy Objectives
To amend the Community Ambulance Cover Act 2003 to ensure appropriate
imposition of the Community Ambulance Cover levy on commencement of
full retail competition (FRC) in the energy industry.
To amend the Electricity Act 1994 and Electricity and Other Legislation
Amendment Act 2006 to make minor and technical legislative corrections
and cease development of a retailer of last resort (ROLR) scheme for the
Queensland gas market.
To amend the Breakwater Island Casino Agreement Act 1984 in relation to
land tenure arrangements.
To amend the Lotteries Act 1997 to clarify and strengthen the provisions
relating to the payment of prizes.
To amend the State Financial Institutions and Metway Merger Facilitation
Act 1996 to accommodate the Merger Implementation Agreement between
Suncorp-Metway and Promina.
To amend the Integrated Planning Act 1997 to provide Queensland Water
Infrastructure Pty Ltd with exemptions for reconfigurations for part-takes
of land acquired by agreement from landowners for those projects which
that company is directed to undertake under either the Water Act 2000 or
the State Development and Public Works Organisation Act 1971.
Reasons for the Bill
Under the Community Ambulance Cover Act 2003, the Community
Ambulance Cover levy (the levy) is collected by electricity retailers as
agents for the Commissioner of State Revenue. Electricity accounts issued
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
by electricity retailers to their customers include a statement of levy
liability for each electricity sale arrangement to which the account relates.
The Electricity and Other Legislation Amendment Act 2006 amended the
Electricity Act 1994 to give effect to FRC for the energy industry. These
amendments, and FRC, will commence on 1 July 2007 (the FRC day). The
Community Ambulance Cover and Other Acts Amendment Bill 2007 will
amend the Community Ambulance Cover Act 2003 to make necessary
consequential amendments for FRC.
The Electricity Act 1994 and Electricity and Other Legislation Amendment
Act 2006 will be amended to correct a small number of unintended errors
or oversights in the latter Act, which were identified in ongoing
consultation on the remaining technical, complex and significant changes
required to the regulatory framework for FRC. Further the Electricity and
Other Legislation Amendment Act 2006 will be amended to recognise that a
ROLR scheme in the gas market is, at present, unnecessary and
impractical.
The Breakwater Island Casino Agreement Act 1984 will be amended to
correct an unintended consequence of the recent commencement of the
Breakwater Island Casino Agreement Amendment Act 2006 with regard to
land tenure arrangements within the Breakwater Island marina basin.
The Lotteries Act 1997 will be amended to clarify and strengthen the
provisions relating to the payment of prizes in circumstances where the
winning ticket cannot be produced.
The State Financial Institutions and Metway Merger Facilitation Act 1996
facilitated the merger of Suncorp, Metway and the Queensland Industry
Development Corporation to form Suncorp-Metway. The Act contains
provisions designed to ensure that Suncorp-Metway maintains a significant
presence in Queensland. Relevantly, section 64(1)(b) provides that
Suncorp-Metway's constitution must provide that the majority of directors
must ordinarily reside in Queensland. In October 2006, Suncorp-Metway
and Promina entered into a Merger Implementation Agreement to merge
their businesses through a Scheme of Arrangement. The Agreement
provided that Suncorp-Metway would approach the Queensland
Government to have the Act amended to allow the appointment of four
Promina directors to the Suncorp-Metway Board.
The Integrated Planning Act 1997 will be amended to facilitate voluntary
agreement for part-takes of land by Queensland Water Infrastructure Pty
Ltd (QWI) for those projects which that company is directed to undertake
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
under either the Water Act 2000 or the State Development and Public
Works Organisation Act 1971.
Achievement of Objectives
Community Ambulance Cover Act 2003
Current levy framework
The Community Ambulance Cover Act 2003 imposes the levy on certain
electricity sale arrangements for the supply of electricity in Queensland,
where an exemption does not apply. Those sale arrangements are standard
contracts, power card arrangements, on-supply arrangements and
contestable sale arrangements. The FRC changes have implications mainly
for the application of the levy to standard contracts and contestable sale
arrangements.
Current levy treatment of standard contracts
A person must pay the levy for each standard contract for which the person
is the non-contestable customer. A standard contract is a contract for the
sale of electricity by an electricity retailer to a non-contestable customer,
but only if, for the sale, the electricity is supplied for consumption in
Queensland and the supply of electricity is measured by a meter. Non-
contestable customers comprise the vast majority of electricity customers
and must purchase electricity from the electricity retailer for their area.
These customers are generally residential and small business customers.
Current levy treatment of contestable sale arrangements
A person must pay the levy for each contestable sale arrangement for
which the person is the contestable customer. A contestable sale
arrangement is an arrangement of the sale of electricity by an electricity
retailer to a contestable customer for consumption at premises if the
customer is declared to be a contestable customer for the supply of
electricity to the premises, the premises are in Queensland and the supply
of electricity to the premises is measured by a meter.
The term "contestable customer" is defined in the Electricity Act 1994 as a
customer declared to be a contestable customer under the regulations.
Under the Electricity Regulation 2006, an electricity customer who
consumes, or may consume, more than 0.1GWh of electricity per annum
for single premises and has a metering installation under the National
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
Electricity Rules for each connection point to the premises may apply to be
declared a contestable customer for the premises. Contestable customers
may choose their electricity retailer and are generally large business
customers.
Impact of the FRC changes
From the FRC day, the distinction between contestable and non-contestable
customers under the Electricity Act 1994 will not exist. All customers,
other than excluded customers, may choose their electricity retailer and
negotiate contracts for the supply of electricity. (Excluded customers are
small customers connected to isolated remote networks or who acquire
electricity under on-supply arrangements or unmetered supply
arrangements.) In addition to the removal of the distinction between
contestable and non-contestable customers, the system of declaring a
customer to be a contestable customer for a single premises will be
discontinued.
Consequential amendments required to the Community
Ambulance Cover Act 2003
Imposition of the levy
The provisions of the Community Ambulance Cover Act 2003 dealing with
standard contracts (Part 2) and contestable sale arrangements (Part 5) will
be replaced with provisions in a new Part 2 imposing the levy on customer
sale arrangements. A customer sale arrangement is an arrangement for the
sale of electricity by an electricity retailer to a person (the relevant
customer for the arrangement) if the electricity is supplied for consumption
in Queensland and the supply is measured by a meter.
The new provisions will ensure that the levy continues to apply to
customers who are presently liable for the levy as either non-contestable
customers or contestable customers, and that there is no loss of levy
revenue where separate supplies of electricity are bundled under one
contract.
Following consultation with electricity retailers on these amendments,
section 10(4) in the new Part 2 clarifies the circumstances in which a
customer sale arrangement will exist. Under electricity industry standards
and regulation, there is usually one National Metering Identifier for each
electricity connection to premises where the supply is measured by a meter.
There can be one or more meters for a metering installation with a
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
National Metering Identifier. Section 10(4) will provide that, if a National
Metering Identifier has been issued for the metering installation for a
supply of electricity measured by one or more meters, there is only one
customer sale arrangement for the supply.
The proposed FRC changes may result in an increased levy liability for a
small number of existing customers (estimated by electricity retailers to be
as few as 50 to 100) due to electricity metering and regulatory changes.
These increases are unavoidable without complex arrangements to prevent
them. Also, these customers will be being treated equitably with other
customers in comparable circumstances from the FRC day. In some cases,
the customers may be eligible to apply for one of the exemptions available
under the Community Ambulance Cover Act 2003.
Exemptions
The same exemptions as are currently available for standard contracts and
contestable sale arrangements will apply for customer sale arrangements.
No new exemptions are proposed.
Exemptions obtained by electricity customers for existing standard
contracts and contestable sale arrangements before the FRC day will apply
to the customer sale arrangements which come into existence on the FRC
day in replacement of those contracts or arrangements.
Where a customer sale arrangement is exempt from the levy and the
electricity customer enters into a new contract with their existing retailer, a
new customer sale arrangement comes into existence. The Bill will enable
the new arrangement to be treated as an exempt arrangement without the
need for a fresh application for exemption provided the customer continues
to be eligible for exemption. However, if a further contract is entered into,
a fresh application for exemption will be required.
From the FRC day, electricity customers will be free to change electricity
retailers or negotiate a different contract with their existing retailer. Where
this occurs, administrative issues will arise for the electricity retailer under
the previous contract if it subsequently becomes necessary to make
adjustments to the customer's levy liability for a period covered by the
previous contract. This is because the electricity customer's account will
have been closed. Adjustments may be either a refund of overpaid levy or
collection of a levy shortfall. For example, under the Community
Ambulance Cover Act 2003, an electricity customer is entitled to claim
retrospective entitlement to a levy exemption and a refund of levy paid for
up to 12 months. Conversely, where an electricity sale arrangement ceases
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
to be an exempt arrangement, the electricity customer must notify their
electricity retailer within 28 days and the retailer will then take steps to
recover any levy shortfall. To minimise compliance costs for the electricity
customer and their former retailer, the Bill will authorise levy adjustments
of this kind to be made by the electricity customer's existing electricity
retailer where they relate to a period covered by the previous contract if the
electricity supply under the previous and existing arrangements is
measured by the same meter.
Example 1
Customer A commences a customer sale arrangement with
Retailer 1 on 2 July 2007, on which the levy is imposed and paid.
On 25 August 2007, Customer A becomes eligible for exemption
from the levy but does not notify Retailer 1. On 3 October 2007,
Customer A changes retailers for the supply to Retailer 2 and the
levy applies to the new customer sale arrangement. On 15
November 2007, Customer A notifies Retailer 2 of their
eligibility for exemption from 25 August 2007. Retailer 2 will
apply the levy exemption and process the refund for the levy
overpaid from 25 August 2007.
Example 2
Customer B commences an electricity sale arrangement with
Retailer 1 on 1 August 2007 and claims a levy exemption. On 25
October 2007, Customer A stops being entitled to the exemption
but fails to notify Retailer 1. On 3 November 2007, Customer A
changes retailer for the supply to Retailer 2 and again claims the
levy exemption. On 15 January 2008, Customer A realises their
ineligibility for the levy exemption and notifies Retailer 2.
Retailer 2 will make the necessary levy adjustments and recover
the unpaid levy payable from 25 October 2007.
Electricity Act 1994 and Electricity and Other Legislation
Amendment Act 2006
The amendments to the Electricity Act 1994 and Electricity and Other
Legislation Amendment Act 2006 will ensure that, when FRC commences
on 1 July 2007, the electricity and gas markets operate in a manner
consistent with the policy objectives of the government's decision to
introduce FRC. In particular, the amendments:
· ensure key definitions act as intended;
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
· ensure the rights and obligations of all market participants are
correctly allocated; and
· clarify a number of possible areas of ambiguity.
Breakwater Island Casino Agreement Act 1984
The amendment to the Breakwater Island Casino Agreement Act 1984 will
assist with the settlement of certain land sales contracts adjacent to the
marina precinct in the near future.
Lotteries Act 1997
The amendment to Lotteries Act 1997 will specify additional
circumstances where the lottery licensee may pay a prize to a person which
effectively clarifies the existing ability of the lottery licensee to pay a prize
in circumstances where the claimant is not registered with the licensee and
is unable to produce the winning ticket.
State Financial Institutions and Metway Merger Facilitation Act
2006
The Community Ambulance Cover and Other Acts Amendment Bill 2007
will accommodate the Merger Implementation Agreement between
Suncorp-Metway and Promina by allowing Promina to place directors on
the board of Suncorp.
Integrated Planning Act 1997
The amendments to the Integrated Planning Act 1997 will provide
Queensland Water Infrastructure Pty Ltd with exemptions for
reconfigurations for part-takes of land acquired by agreement from
landowners.
Alternatives to the Bill
The policy objectives can only be achieved by legislative enactment.
Estimated Cost for Government Implementation
Implementation costs for the Queensland Government in relation to the
amendments to the Community Ambulance Cover Act 2003 are not
expected to be significant. These costs relate to changes in publications,
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
documents, website and systems, staff training and managing enquiries
through the implementation period.
Existing electricity retailers will incur costs in relation to system changes,
staff training and call centre costs but have advised that these costs are not
expected to be significant.
There is no implementation cost associated with the amendments to the
Electricity Act 1994 and the Electricity and Other Legislation Amendment
Act 2006 for FRC.
Implementation costs in relation to the amendments to the Breakwater
Island Casino Agreement Act 1984 and Lotteries Act 1997 are not expected
to be significant.
The proposed amendment to the State Financial Institutions and Metway
Merger Facilitation Act 1996 is cost neutral.
There is no implementation costs associated with the proposed
amendments to the Integrated Planning Act 1997.
Consistency with Fundamental Legislative Principles
Under the new electricity regime, small customers may enter into
negotiated retail contracts with a retail entity prior to the FRC day.
However, customer retail services cannot be provided under such a
negotiated retail contract prior to the FRC day and any existing standard
customer sale contract continues to apply. These arrangements
commenced on 7 December 2006. A transitional provision proposed in the
Community Ambulance Cover and Other Acts Amendment Bill 2007 will
ensure that the levy is not imposed twice in this case. (Without a
transitional provision, a levy would be imposed on the existing contract and
also on the newly negotiated retail contract.) This transitional provision
will apply retrospectively but is beneficial to electricity customers.
The Community Ambulance Cover Act 2003 contains provisions for
recovery of unpaid levy by electricity retailers. In particular, where a levy
amount is outstanding, the disconnection provisions in the regulations
under the Electricity Act 1994 apply as if the failure to pay the levy were a
failure to pay for electricity. From the FRC day, the disconnection
provisions will be in both the regulations and Electricity Industry Code (the
Code), requiring a consequential cross-referencing change to the
Community Ambulance Cover Act 2003. No other change to the levy
recovery provisions is proposed. From the FRC day, the disconnection
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
provisions may be amended by changes to the Code alone, subject to
certain change procedures.
However, maintenance of the disconnection power for levy purposes is
essential to protect the revenue base, given the amount of the levy ($95.23
per annum) and large numbers of liable persons. Further, under the
Community Ambulance Cover Act 2003, priority is afforded to payment of
unpaid levy amounts over outstanding electricity charges so that an
electricity retailer's reliance on the disconnection provisions is likely to be
for recovering unpaid electricity charges in addition to any unpaid levy
amounts. Dependence of the disconnection power on an administrative
power is therefore considered appropriate for levy purposes. Also,
retention of the disconnection power for electricity but not levy purposes
would subject electricity customers to separate recovery and enforcement
regimes for electricity and levy purposes.
The amendment contained in clause 40 to section 16 of the Electricity and
Other Legislation Amendment Act 2006 (which inserts new section 55G of
the Electricity Act 1994) is considered a "Henry VIII" provision by the
Scrutiny of Legislation Committee. The amendment provides for
exceptions to be made by regulation to the prohibition on Ergon Energy
entering into negotiated retail contracts. The amendment is principally
required to prevent new section 55G inadvertently preventing Ergon
Energy from undertaking its proposed Solar Cities Trial at Townsville, for
which funding is being provided as part of the Commonwealth
Government's Solar Cities Programme. It is also considered necessary to
provide flexibility to allow Ergon Energy to undertake other, currently
unforseen, activities which were not intended to be restricted, without the
need for further legislative amendment.
The amendment to new section 55G does not affect the restriction on the
range of customers Ergon Energy can supply electricity to, thus retaining a
key element of the restriction and ensuring that any other exceptions
provided by regulation are consistent with the policy intention of the
provision; namely that Ergon Energy not be permitted to compete with
other retailers to supply electricity customers in Queensland.
Clause 51 inserts new section 3A of the Breakwater Island Casino
Agreement Act 1984. New section 3A(3) provides that new section 3A(2),
which allows trustee lessees to rent berthing or mooring facilities on the
leased land for a period ending on 23 November 2063, is taken to always
have applied to trustee leases granted before commencement of the section,
that is, retrospectively. These rights previously existed but were
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
unintentionally omitted through the Breakwater Island Casino Agreement
Act 2006. The retrospective operation of the section is there merely to
confirm the continuity of these previous rights which are again being
legislatively recognised.
Additionally, clause 55 inserts a transitional section 252 into the Lotteries
Act 1997. New section 252 provides that the new provisions are taken to
have commenced up to seven years before the commencement of section
252, that is, retrospectively. QOGR considers that the Lotteries Act 1997
already allows the lottery licensee to pay a claim in circumstances where
the claimant is unable to produce the winning ticket however considers it
appropriate to clarify this issue legislatively. The retrospective operation of
the section should therefore have no detrimental effect.
The Community Ambulance Cover and Other Acts Amendment Bill 2007
does not infringe on any other fundamental legislative principles.
Consultation
The proposed levy amendments were developed in consultation with key
stakeholders including current and potential electricity retailers, the Energy
Competition Committee and the Department of Mines and Energy.
Separate public consultation was not necessary for these amendments.
The Energy Competition Committee, appointed to oversee the
implementation of FRC in Queensland, and the Department of Mines and
Energy have consulted with representatives of the Queensland
Government, energy businesses and consumer groups on the proposed
amendments to the Electricity Act 1994 and Electricity and Other
Legislation Amendment Act 2006. All stakeholders consulted support the
need for, and substance of, the proposed amendments.
The Golden Casket Lottery Corporation Limited was consulted in relation
to the proposed amendments to the Lotteries Act 1997.
Consultation for the amendments relating to the Breakwater Island Casino
Agreement Act 1984 was undertaken with the Departments of
Infrastructure, Natural Resources and Water and Transport, the Townsville
Port Authority, City Pacific Limited, the Consolidated Properties Group,
Jupiters Limited, Breakwater Island Limited and Corrs Chambers
Westgarth.
There has been no external consultation carried out in relation to the
proposed amendment to the State Financial Institutions and Metway
Merger Facilitation Act 1996.
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
Consultation for the amendments to the Integrated Planning Act 1997 was
undertaken with the Department of Local Government, Planning, Sport and
Recreation, Treasury, Environmental Protection Agency, Justice and
Attorney-General, Natural Resources and Water, the Department of
Premier and Cabinet. Preliminary consultation is scheduled to be
conducted with the Local Government Association of Queensland.
Notes on Provisions
Clause 1 cites the short title of the Bill.
Clause 2 specifies the commencement dates of provisions in the Bill.
Clause 3 states that Part 2 amends the Community Ambulance Cover Act
2003.
Clause 4 omits section 10, which defines a standard contract, as the
distinction between standard contracts and contestable sale arrangements
will not be relevant for levy purposes from the FRC day. The clause inserts
a definition of `customer sale arrangement' in section 10. Subsection (1)
defines a customer sale arrangement as an arrangement for the sale of
electricity by an electricity retailer to a person if the electricity is supplied
for consumption in Queensland and the supply is measured by a meter.
Example A supply of electricity to a Queensland residence
under a retail contract where the supply is measured by a meter.
Subsection (2) provides that the supply of electricity through a power card
arrangement is not a customer sale arrangement.
Subsection (3) clarifies that there can be two or more customer sale
arrangements in place even though there is only one contract for the sale of
electricity with the electricity retailer to a person who is the relevant
customer for each of the arrangements.
Subsection (4) clarifies how the definition of `customer sale arrangement'
will apply where a National Metering Identifier is issued for a metering
installation. There is one customer sale arrangement for the supply of
electricity measured by one or more meters forming part of the metering
installation. It does not matter that the supply may be measured by more
than one meter.
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
Subsection (5) defines terms used in new section 10.
Clauses 5 and 6 amend the examples in sections 14 and 15 to ensure
drafting consistency.
Clause 7 omits section 16, which defines a contestable sale arrangement, as
the distinction between standard contracts and contestable sale
arrangements will not be relevant for levy purposes from the FRC day.
Clause 8 makes consequential amendments to section 17 for the
replacement of the terms "standard contracts" and "contestable sale
arrangements" with "customer sale arrangements" from the FRC day.
Clause 9 omits existing Part 2 containing provisions about the imposition
of the levy on standard contracts and substitutes a new Part 2 containing the
following provisions about the imposition of the levy on customer sale
arrangements.
· Section 22 provides that Part 2 imposes the levy on customer sale
arrangements and that liability for the levy is imposed on a customer
sale arrangement for each day the arrangement is in place.
· Section 23 prevents the levy applying to each of two or more customer
sale arrangements where they relate to what is essentially the same
electricity supply. This situation will usually arise where a customer
is changing retailers and there is a period for which there are two retail
contracts in place, one with each electricity retailer. The section
ensures that the levy applies only to the customer sale arrangement for
which the electricity retailer is the financially responsible entity for
the premises.
Example 1 - A standard retail contract is in place with Retailer A
for the supply of electricity to a customer's residence. On 25 July
2007, the customer enters into a negotiated retail contract with
Retailer B for the electricity. Retailer A is the financially
responsible retail entity until 29 July 2007 and Retailer B
becomes the financially responsible retail entity on 30 July.
There are two customer sale arrangements in place from 26 July
to 29 July. However, the levy applies only to the arrangement
with Retailer A for those days because Retailer A is the
financially responsible entity for the premises for those days.
Example 2 A standard retail contract is in place with Retailer A
for the supply of electricity to premises. On 30 September 2007,
the customer enters into a negotiated retail contract with Retailer
B for another supply of electricity to the premises. Section 23
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
does not apply in this case as the two customer sale
arrangements are not for the same supply of electricity.
· Section 24 provides that the days which a customer sale arrangement
is in place do not include the date the arrangement starts, but do
include the day the arrangement ends. Also, a customer sale
arrangement will be taken to have ended when the supply of
electricity for sale under the arrangement is disconnected, other than
because of a temporary disconnection or other interruption.
· Section 25 provides that liability for the levy will continue even if no
electricity is the subject of sale under the customer sale arrangement.
However, liability for the levy does not arise until the premises are
connected.
· Section 26 states that a levy imposed on a customer sale arrangement
must be paid by the relevant customer for the arrangement. If there
are two or more persons who are the relevant customer under the
arrangement, all persons are jointly and severally liable for payment
of the levy.
· Section 27 provides that, if a person is the relevant customer under
two or more customer sale arrangements and a single electricity
account is issued for the arrangements, the person remains liable for
the levy on each arrangement. Consolidation of electricity accounts
issued for customer sale arrangements does not affect liability for the
levy for each arrangement.
· Section 28 states that the amount of the levy imposed on a customer
sale arrangement for each day the arrangement is in place is the daily
levy for the financial year in which the day happens.
· Section 29 states that the levy is not payable for a day that a customer
sale arrangement is an exempt customer sale arrangement.
· Section 30 ensures that, where a number of circumstances apply to a
customer sale arrangement, the arrangement will be an exempt
customer sale arrangement only if each of those circumstances,
considered separately, would result in the arrangement being exempt
under Division 5 of Part 2.
· Section 31 provides a conditional exemption for later customer sale
arrangements. The reference to tariffs in the former section 30
exemption for later standard contracts has been omitted to ensure that
entitlement to the exemption is available even though the electricity is
not being purchased under a tariff. This is more likely to occur under
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
FRC. Removal of this condition enables former sections 30 and 30A
to be combined into a single provision.
· Section 32 provides a conditional exemption for pensioners as defined
in the dictionary.
· Section 33 provides an exemption where all electricity sold under a
customer sale arrangement is supplied to a farming shed as defined in
the dictionary.
· Section 34 provides an exemption where all electricity sold under a
customer sale arrangement is supplied to a pump that is a water pump
used for irrigation, stock or other purposes of primary production, or a
water or sewerage pump used for domestic purposes.
· Section 35 provides an exemption where all electricity sold under a
customer sale arrangement is supplied to a hot water system.
· Section 36 provides an exemption where all electricity sold under a
customer sale arrangement is supplied to a public park facility as
defined in the dictionary.
· Section 37 provides a conditional exemption where all the electricity
sold under a customer sale arrangement is supplied to security lighting
and there is another electricity sale arrangement for the premises to
which the lighting relates. Decorative lighting, lighting for an
advertisement and lighting for recreational purposes, such as lighting
on a sporting field, is not security lighting.
· The exemption will apply only if the building common account
exemption (type 1) or the building common account exemption (type
2) do not apply. For example, a customer sale arrangement for security
lighting in a home unit building may be exempt under one of those
other exemptions. If so, section 37 does not apply.
· Section 37Aprovides an exemption where all electricity sold under a
customer sale arrangement is supplied to equipment if, upon written
medical advice, the equipment needs to be used by a person because
of a medical condition or needs to be readily available for use in a
medical emergency because of the medical condition of the person.
However, the exemption does not apply if the equipment is located in
premises that are, or are in the nature of, a hospital, an aged care
hostel or a nursing home.
· Section 37B provides an exemption where all electricity sold under a
customer sale arrangement is supplied to a retirement village for
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
common facilities for the retirement village or one or more on-supply
arrangements and there is an electricity sale arrangement for each
occupied accommodation unit that is a separate domestic area in the
retirement village.
· Section 37C provides an exemption where all electricity sold under a
customer sale arrangement is supplied to a multi-unit building for
common facilities for the building or one or more on-supply
arrangements and there is an electricity sale arrangement for each
occupied separate area in the building.
· The exemption does not apply where the building is a house with a
granny flat as it is not a multi-unit building. However, if there are two
or more customer sale arrangements for a house, an exemption may be
available under section 31.
Example 1 - A residential unit building has 50 units. An on-
supply arrangement (type 1) applies for the supply of electricity
to each occupied unit. Electricity for the on-supply
arrangements is supplied to the building manager under a
customer sale arrangement. Additionally, the building manager
receives two other electricity accounts issued under two
customer sale arrangements for common facilities, one for
building common lighting and one for building services,
including a swimming pool filter and lifts. All three customer sale
arrangements are exempt.
Example 2 - An office building has 17 tenancies. A customer sale
arrangement applies for the supply of electricity for each
tenancy. Under a separate customer sale arrangement, the
building owner receives another electricity account for common
facilities including lighting, lifts and air conditioning for the
building. The customer sale arrangement for the lighting, lifts
and air conditioning is exempt.
· Section 37D provides an exemption for buildings with two separate
areas where a memorandum electricity account is issued and both
separate areas are occupied by persons who would be entitled to claim
the pensioner exemption. The exemption applies for all common
facility electricity accounts and master supply electricity accounts.
Example A building comprises two residential units occupied
by pensioners. Under a customer sale arrangement for the
supply of electricity to the building, a memorandum electricity
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
account is issued to the building owner showing the cost of
electricity supplied to each unit. If the pensioners were the
customers for the supply of electricity to their units, they would
be entitled to claim the pensioner exemption in section 32 of the
Act. The customer sale arrangement is therefore exempt under
section 37D.
· Section 37E provides an exemption for buildings with two separate
areas where a memorandum electricity account and one or more other
common facility electricity accounts are issued and one separate area
is occupied by a person who would be entitled to claim the pensioner
exemption. The exemption applies for all common facility electricity
accounts and master supply electricity accounts except the first
electricity account to have commenced.
Example 1 A building comprises two residential units. One unit
is occupied by a pensioner and the other is not. Under a
customer sale arrangement for the supply of electricity to the
building, a memorandum electricity account is issued to the
building owner showing the cost of electricity supplied to each
unit. If the pensioner was the customer for the supply of
electricity to his or her unit, the pensioner would be entitled to
claim the pensioner exemption in section 32 of the Act. Section
37E does not apply to exempt the master supply electricity
account (that is, the memorandum electricity account) and it will
continue to attract the levy. Under section 124B of the Act, the
building owner is unable to recover the cost of this levy from the
pensioner. That does not prevent recovery from the occupant of
the other unit.
Example 2 A building comprises two residential units. One unit
is occupied by a pensioner and the other is not. The building
owner is the customer under the following customer sale
arrangements in relation to the building
· Arrangement A which commenced on 31 July 2006 for the
supply of electricity to the building under a memorandum
electricity account showing the cost of electricity supplied
to each unit.
· Arrangement B which commenced on 31 August 2006 for
the supply of electricity to a common use laundry area.
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
Arrangement B is exempt because, under section 37E, it is not
the first contract to have commenced. Arrangement A will
continue to attract the levy. Under section 124B, the building
owner is unable to recover the cost of this levy from the
pensioner. That does not prevent recovery from the occupant of
the other unit.
· Section 37F provides an exemption for buildings with two separate
areas where a memorandum electricity account is issued and neither
separate area is occupied by a person who would be entitled to claim
the pensioner exemption. The exemption applies for all common
facility electricity accounts and master supply electricity accounts
except the first and the second electricity account to have commenced.
Example 1 - A building comprises two residential units. Neither
unit is occupied by a pensioner. The building owner is the
relevant customer under a customer sale arrangement for the
supply of electricity to the building under which a memorandum
electricity account for the building is issued showing the cost of
electricity supplied to each unit. The customer sale arrangement
is not exempt and will continue to attract the levy.
Example 2 A building comprises two residential units. Neither
unit is occupied by a pensioner. The building owner is the
customer under the following customer sale arrangements in
relation to the building
· Arrangement A which commenced on 31 July 2007 for the
supply of electricity to the building under a memorandum
electricity account showing the cost of electricity supplied
to each unit.
· Arrangement B which commenced on 31 August 2007 for
the supply of electricity to a common use laundry area.
· Arrangement C which commenced on 30 September 2007
for the supply of electricity to a common air conditioning
plant.
Arrangement C is exempt because, under section 37F, it is not the
first or the second arrangement to have commenced.
· Section 37G provides an exemption where the relevant customer
under a customer sale arrangement is the Commonwealth.
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Amendment Bill 2007
· Section 37H provides an exemption where the relevant customer
under a customer sale arrangement is the State and all electricity sold
under the arrangement is sold to premises used only for providing core
government services or that are public infrastructure. The "State"
includes any State instrumentality, authority, corporation or other
State entity, including any government owned corporation and
whether or not representing the State, but does not include a local
government.
· Section 37I provides an exemption where the relevant customer under
a customer sale arrangement is a local government and all electricity
sold under the arrangement is supplied to premises used only for
providing core local government services or that are public
infrastructure.
· Section 37J provides that a customer sale arrangement is an exempt
customer sale arrangement in the following circumstances.
· The relevant customer is a religious body or a body controlled or
associated with a religious body, whose principal object and
pursuit is the conduct of activities of a religious nature and all
electricity sold under the arrangement is supplied to premises
used solely, or almost solely, as a church or other public place of
worship, or as a church or other public place of worship and an
associated hall. A hall used or hired out for commercial purposes
will not qualify for the exemption.
· The relevant customer is an institution whose principal object or
pursuit is the care of sick, aged, infirm, afflicted or incorrigible
persons and all electricity sold under the arrangement is supplied
to premises used solely, or almost solely, for the purposes of the
institution's principal object or pursuit. However, premises
which are a hospital, an aged care hostel or a nursing home will
not qualify for the exemption. In addition, to qualify for the
exemption, the institution's constitution must satisfy the
conditions contained in section 37J(5).
· The relevant customer is an institution whose principal object or
pursuit is the relief of poverty, suffering, distress or misfortune of
people and all electricity sold under the arrangement is supplied
to premises used solely, or almost solely, for the purposes of the
institution's principal object or pursuit. In addition, to qualify for
the exemption, the institution's constitution must satisfy the
conditions contained in section 37J(5).
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Amendment Bill 2007
· The relevant customer is an institution whose principal object or
pursuit is the care of children by being responsible for them on a
full time basis, providing the children with all the necessary food,
clothing and shelter and providing for their general well-being
and protection and all electricity sold under the arrangement is
supplied to premises used solely, or almost solely, for the
purposes of the institution's principal object or pursuit. In
addition, to qualify for the exemption, the institution's
constitution must satisfy the conditions contained in section
37J(5).
Clause 10 omits sections 44 and 44A and inserts a new section 44 in their
place. The new section provides a conditional exemption for later power
card arrangements. The reference to tariffs in the former section 44
exemption for later power card arrangements has been omitted in section
44, to ensure that entitlement to the exemption is available even though
electricity is not purchased under a tariff. This is more likely to occur
under FRC. Removal of this condition enables former sections 44 and 44A
to be combined into a single provision.
Clause 11 amends the example in section 47E by updating defined terms.
Clause 12 omits Part 5 containing provisions about the imposition of the
levy on contestable sale arrangements.
Clause 13 makes consequential amendments to section 87 for new Part 2 of
the Act and omission of Part 5.
Clause 14 makes a consequential amendment to the heading for Part 7,
Division 2, to reflect new Part 2 of the Act.
Clause 15 makes consequential amendments to section 90 to reflect new
Part 2 of the Act.
Clause 16 makes the following amendments.
· Existing section 90A is omitted. With the exception of the hot water
system exemption, applications for levy exemptions are made to
electricity retailers as agents of the Commissioner of State Revenue.
For the hot water system exemption, section 90A requires the
application to be made directly to the Commissioner but only if the
deemed notification provisions of section 99(3) do not apply, that is,
only if the sale of the electricity is not charged under a prescribed
tariff. Where the tariff applies, exemption is provided automatically.
No exemption applications have been made to the Commissioner
under section 90A. Under FRC, it is more appropriate for any such
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Amendment Bill 2007
applications to be made to electricity retailers consistent with other
exemption applications. No change is being made to the conditions of
entitlement to the exemption.
· New section 90A is inserted. This is one of a number of new
provisions designed to reduce compliance costs for electricity retailers
and their customers under FRC. These sections recognize that more
electricity customers are likely to enter into new arrangements with
their existing electricity retailers or change electricity retailers. Most
of these new provisions support the giving of notices and the making
any necessary levy adjustments (both payment of refunds and
recovery of shortfalls) for the previous arrangements to or by the
existing electricity retailer, rather than to or by the previous electricity
retailer.
· Section 90A applies where a relevant customer was entitled to claim a
levy exemption for a previous customer sale arrangement for an
electricity supply. The customer must notify their existing electricity
retailer for the supply of their entitlement to exemption if certain
conditions are met. The section is supported by new section 107A
which enables the existing electricity retailer to process any levy
refund.
· Section 90B is inserted which relieves electricity customers from
having to make a fresh application for a levy exemption for a customer
sale arrangement for an electricity supply where they are entering into
a new arrangement for the supply with the same electricity retailer and
the previous arrangement was exempt. However, a new exemption
application will be required for a subsequent customer sale
arrangement with the same, or a different, retailer.
Clause 17 makes consequential amendments to section 91 to reflect new
Part 2 of the Act.
Clause 18 inserts section 91A dealing with the converse situation to that set
out in section 90A. Section 91A requires a relevant customer for a
previous customer sale arrangement for an electricity supply to notify their
existing electricity retailer for the supply of loss of entitlement to an
exemption obtained from the previous retailer if certain conditions are met.
This section is supported by section 105A which enables the existing
electricity retailer to recover any levy shortfall.
Clause 19 omits section 92A. Like the omission of section 90A, this
omission is appropriate under FRC and will result in any necessary
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Amendment Bill 2007
applications for the hot water system exemption for power card
arrangements being made to electricity retailers consistent with other
exemption applications. No change is being made to the conditions of
entitlement to the exemption.
Clause 20 omits Part 7, Division 5, which relates to Part 5 of the Act which
is being omitted.
Clauses 21 and 22 make consequential amendments to sections 99 and 100
to reflect the omission of Part 5 of the Act.
Clause 23 makes consequential amendments to section 104 to reflect new
Part 2 of the Act.
Clause 24 inserts section 105A which supports section 91A and also
operates in broader circumstances. The section requires an electricity
retailer for an existing customer sale arrangement for an electricity supply
to recover from the relevant customer for the arrangement a shortfall
amount relating to an exemption obtained by the customer for a previous
customer sale arrangement for the supply if certain conditions are met.
Clause 25 makes a minor drafting change to section 107.
Clause 26 inserts section 107A which supports section 90A and also
operates in broader circumstances. The section provides that an electricity
customer for an existing customer sale arrangement for an electricity
supply may claim from their existing electricity retailer a levy refund
relating to a previous arrangement for the supply if the arrangement was
exempt. The existing retailer must provide the refund in the way set out in,
and subject to the conditions of, the section.
Clause 27 makes consequential amendments to section 124B to reflect new
Part 2 of the Act.
Clause 28 omits section 124C, which relates to the recovery of levy
amounts for certain contestable sale arrangements as Part 5 of the Act is
omitted.
Clause 29 omits existing Part 12 of the Act as the transitional provisions of
sections 156 and 157 are either spent or will have their operation preserved
by the Acts Interpretation Act 1954. It also inserts a new Part 12
comprising section 155. This section applies where, before the FRC day, a
non-contestable customer for premises entered or enters into a negotiated
retail contract for the premises under section 312(2) of the Electricity Act.
That section permits small customers to prepare for FRC by entering into
contracts prior to the FRC day. However, services cannot be provided to
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
the customer before that day. Where a customer enters into such a contract,
they may be liable for the levy more than once on what is essentially the
same supply of electricity. That is, the levy may apply to both the existing
contract and the negotiated contract for the supply. Section 155 prevents
the levy applying to the negotiated retail contract before the FRC day by
providing that the negotiated retail contract will not be a standard contract
for levy purposes. However, from the FRC day, if the negotiated retail
contract comprises one or more customer sale arrangements, the levy will
apply to those arrangements unless an exemption applies.
Clause 30 inserts a new Part 13 containing transitional provisions for FRC.
· Section 156 contains definitions of key terms used throughout new
Part 13.
· Section 157 recognises that, on the FRC day, existing levy exemptions
for standard contracts and contestable sale arrangements will no
longer apply because, on the FRC day, standard contracts and
contestable sale arrangements will become customer sale
arrangements for levy purposes. Section 157 ensures the continuation
of existing exemptions without electricity customers having to reapply
for exemption on the FRC day.
· Section 158 is similar to new section 90A but deals with the
transitional situation, namely, where the previous arrangement was
either a standard contract or a contestable sale arrangement. The
section requires that the electricity customer must notify their existing
electricity retailer for the supply of their entitlement to exemption for
the previous arrangement if certain conditions are met. The section is
supported by new section 159 which enables the existing electricity
retailer to process any levy refund.
· New section 159 is similar to new section 107A but deals with the
transitional situation, namely, where the previous arrangement was
either a standard contract or a contestable sale arrangement. The
section provides that the electricity customer for a customer sale
arrangement for an electricity supply may claim from their existing
electricity retailer a levy refund relating to a previous arrangement for
the supply if the arrangement was exempt. The existing retailer must
provide the refund in the way set out in, and subject to the conditions
of, the section.
· Section 160 is similar to new section 90A and transitional section 158
but deals with a further transitional case, namely, where the previous
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
arrangement for an electricity supply was either a standard contract or
a contestable sale arrangement, it becomes one or more customer sale
arrangements on the FRC day and, subsequently, the relevant
customer enters into a new customer sale arrangement for the supply
with the same or a different electricity retailer. The section requires
that the electricity customer must notify their existing electricity
retailer for the supply of their entitlement to exemption for the
previous arrangement if certain conditions are met. The section is
supported by new section 161 which enables the existing electricity
retailer to process any levy refund.
· Section 161 is similar to new section 107A and transitional section
159 but deals with a further transitional case, namely, where the
previous arrangement for an electricity supply was either a standard
contract or a contestable sale arrangement, it becomes one or more
customer sale arrangements on the FRC day and, subsequently, the
relevant customer enters into a new customer sale arrangement for the
supply with the same or a different electricity retailer. The section
provides that the electricity customer may claim from their existing
electricity retailer a levy refund relating to the previous arrangement
for the supply if the arrangement was exempt. The existing retailer
must provide the refund in the way set out in, and subject to the
conditions of, the section.
· Section 162 is similar to section 91A but deals with a transitional case,
namely, where the previous arrangement for an electricity supply was
either a standard contract or a contestable sale arrangement and was
being dealt with as an exempt arrangement, it becomes one or more
customer sale arrangements on the FRC day and, subsequently, the
relevant customer enters into a new customer sale arrangement for the
supply with the same or a different electricity retailer. Where the
section applies, notification of loss of entitlement to the exemption for
the previous arrangement must be given to the existing electricity
retailer. This section is supported by section 163 which enables the
existing electricity retailer to recover any levy shortfall.
· Section 163 is similar to section 105A but deals with a transitional
case, namely, where the previous arrangement for an electricity supply
was either a standard contract or a contestable sale arrangement and
was being dealt with as an exempt arrangement, it becomes one or
more customer sale arrangements on the FRC day and, subsequently,
the relevant customer enters into a new customer sale arrangement for
the supply with the same or a different electricity retailer. The section
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
requires the electricity retailer to recover from the relevant customer
any shortfall amount relating to a period after the previous
arrangement stopped being exempt if certain conditions are met.
Clause 31 makes consequential amendments to the Dictionary in the
Schedule to the Act.
Clause 32 provides that Part 3 amends the Electricity Act 1994.
Clause 33 makes consequential amendments to the heading and text of
section 318 (Street lighting with non-metered connection point) consistent
with the changes made by clauses 38(2) and 44.
Clause 34 makes consequential amendments to section 319 (Other
unmetered connection point) consistent with the change made by clause 43
and removes the example of "security or watchman lights" to avoid
potential confusion caused by the insertion of a new section 319A under
clause 35, which affects the supply of electricity to certain watchman
lights.
Clause 35 inserts a new section 319A regarding particular watchman lights.
Only area retailers are permitted to supply watchman lights when FRC
commences. Section 319A allows for Powerdirect Australia (Powerdirect)
to continue supplying its existing watchman light customers, which were
transferred to Powerdirect as part of the sale of the Queensland
Government's energy assets, even though Powerdirect will not an area
retailer when FRC commences.
Clause 36 amends section 320 (Obligation to decide notified prices for the
2006-07 financial year on the basis of post amended act) to correct an error
in the heading and remove the reference to "DUOS charges" consistent
with the change in clause 40.
Clause 37 provides that Part 4 amends the Electricity and Other Legislation
Amendment Act 2006.
Clause 38 amends section 5 (Replacement of ss23 and 23A of Act No. 64 of
1994). Clause 38(1) amends the term "supply network" to "distribution
entity's supply network" to ensure receivers on on-supply networks do not
inadvertently fall within the definition of "customer". Clause 38(2) amends
the definition of an excluded customer to not capture large customers on
isolated networks and inadvertently remove their existing right to choose
their supplier. Clauses 38(3) and (4) make consequential numbering
changes for clarity.
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Amendment Bill 2007
Clause 39 amends section 13 (Replacement of ss48-55 of Act No 64 of
1994). Clauses 39(1) to (4) authorise general retailers to supply large
customers on isolated networks consistent with clause 38(2). Clause 39(5)
permits the making of a retail application to a general retailer consistent
with clause 38(2). These changes ensure that, if a large customer on an
isolated grid elects to enter a negotiated retail contract for the premises, the
financially responsible retail entity for the premises, rather than the area
retail entity, is obliged to supply the premises even if the customer for the
premises later becomes a small customer. This is consistent with the
obligation placed on general retailers for other customers eligible to choose
their supplier.
Clause 39(6) amends new section 48D(1)(b) to ensure the provision does
not inadvertently apply to customers directly connected to the transmission
network. Clause 39(7) corrects a reference to subsection (2)(b) that should
be a reference to subsection (2). Clause 39(8) inserts an erroneously
omitted reference to premises that "are" connected to the supply network.
Clauses 39(9) and (12) clarify that the "supply network" referred to is a
"distribution entity's supply network" to ensure the relevant provisions do
not inadvertently capture on-supply arrangements.
Clauses 39(10) and (11) ensure the obligation on general retailers to supply
certain customers operates as intended following the amendments made by
clauses 38(2) and 39(1) to (5). Clause 39(13) makes a consequential
amendment to the term "DUOS charges" consistent with clause 41.
Clause 40 amends section 16 (Insertion of new s 55G and new ch2, pt6A of
Act No. 64 of 1994). Clause 40 provides that Ergon Energy is prohibited
from entering into negotiated retail contracts unless for the purposes of the
Commonwealth Government's Solar Cities Programme or in other
circumstances provided under a regulation, which may be subject to
conditions outlined in the regulation. This amendment ensures Ergon
Energy can participate in its approved Solar Cities Trial in Townsville and
Commonwealth funding for the trial is not jeopardised.
Clause 41 amends section 22 (Amendment of s 90 (Deciding prices for
non-contestable customers) of Act No. 64 of 1994). Clause 41 provides for
notified prices to incorporate all shared network charges, in particular
transmission use of system charges. Clause 41 also clarifies how
distribution non-network charges are to be treated in calculating notified
prices.
Clause 42 amends section 25 (Insertion of new ch 4, pt 2, div 3 of Act No.
64 of 1994). To clarify that customer retail services fixed under the
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Community Ambulance Cover and Other Acts
Amendment Bill 2007
amended section 90(1) are subject to annual indexation under this Division
and is a consequential amendment to the change made by clause 41.
Clause 43 amends section 30 (Replacement of ch 5, pts 1A-1C of Act No.
64 of 1994). Clause 43 allows for the Queensland Competition Authority
to make electricity industry codes without consultation where the change is
not "materially detrimental" to anyone's interests, rather than where it does
not "materially affect" anyone's interests. Clause 43 also clarifies that
electricity industry codes may be amended by the Queensland Competition
Authority without consultation where the change is needed urgently, is not
materially detrimental to anyone's interests, is uncontroversial or corrects
an error.
Clause 44 amends section 53 (Amendment of sch 5 (Dictionary) of Act No.
64 of 1994). Clause 44 amends the definition of "financially responsible
retail entity" to clarify which retail entity is obliged to supply customers
where an entity has one corporate identity registered for the purchase of
wholesale electricity for the customer and another registered with the
Queensland Government to provide retail services to the customer.
Clause 44 also amends the definitions of "financially responsible retail
entity" and "NMI premises" to ensure the existing right for large customers
on isolated networks to choose their electricity retailer is retained and
ensure certain provisions are not unintentionally extended to customer on
on-supply arrangements.
Clause 45 amends section 108 (Amendment of s 169 (Restrictions on
general retailers) of Act No. 29 of 2003) to ensure any restrictions on
general gas retailers are subject to any insufficiency of supply declaration
or insufficiency of supply direction. This amendment is made for clarity as
a consequence of the decision not to develop a ROLR scheme for the gas
market.
Clause 46 amends section 109 (Insertion of new s 170 of Act No. 29 of
2003) to ensure any restrictions on gas retailers supplying to excluded
customers is subject to any insufficiency of supply declaration or
insufficiency of supply direction. This amendment is made for clarity as a
consequence of the decision not to develop a ROLR scheme for the gas
market.
Clause 47 amends section 114 (Replacement of ch 3, pt 2 (Customer Retail
Services) of Act No. 29 of 2003) to correct an incompatibility between the
time periods allowed for gas retail and distribution businesses to make
27
Community Ambulance Cover and Other Acts
Amendment Bill 2007
related decisions. The amendment permits retail businesses to agree a new
time period with the affected customer when necessary.
Clause 48 amends section 145 (Insertion of new Ch 5A of Act No. 29 of
2003) to allow the Queensland Competition Authority to make and amend
industry codes without consultation in the same circumstances as provided
by clause 43.
Clause 49 amends the Schedule (Minor and consequential amendments) by
renumbering section 257A of the Gas Supply Act 2003 listed in the
Schedule as section 257AA. This corrects an error whereby two sections
were numbered "275A".
Clause 50 provides that Part 5 of the Bill amends the Breakwater Island
Casino Agreement Act 1984.
Clause 51 inserts a new section 3A which deals with particular provisions
of trustee leases. The clause provides that certain trustee leases may be
granted for a period ending on 23 November 2063 and allows the trustee of
the relevant lease to rent berthing or mooring facilities on the land in
certain circumstances. These provisions are taken to always have applied
to the relevant leases which were granted before commencement.
Clause 52 renumbers sections 3A and 4 as sections 4 and 5, respectively.
Clause 53 provides that Part 6 of the Bill amends the Lotteries Act 1997.
Clause 54 inserts new section 130(4A) and (4B). New section 130(4A)
provides that a lottery licensee is able to pay a prize to a person who does
not present the winning ticket and is not a registered player after
appropriately investigating the person's claim and having regard to the
value of the prize being claimed is satisfied the person is entitled to the
prize. New section 130(4B) provides a list of matters that may be
considered relevant in terms of appropriately investigating a person's claim
for the purpose of section 130(4A). The list of matters contained in section
4B is not exhaustive. Section 130(5) applies to a prize paid under section
130(4A), that is, the obligation to pay a prize is fully discharged even
where the lottery licensee pays the prize without receiving the winning
ticket and regardless of whether the person to whom a prize is paid is a
registered or unregistered player.
Clause 55 inserts a new Part 12, Division 5 which contains transitional
provisions. Section 130(4A) and (4B) are taken to apply, and to have
always applied, to an approved lottery conducted during the three years
immediately before commencement if the approved lottery is prescribed
under a regulation as a designated lottery for section 129, or for other
28
Community Ambulance Cover and Other Acts
Amendment Bill 2007
approved lotteries, those which were conducted during the seven years
immediately before commencement.
Clause 56 states that Part 7 amends the State Financial Institutions and
Metway Merger Facilitation Act 1996.
Clause 57 amends section 64(1)(b) of the State Financial Institutions and
Metway Merger Facilitation Act 1996, providing that five directors or 40%
of the directors (if 40% does not amount to a whole number of directors,
the next greatest number) must be ordinarily resident in Queensland,
whichever is the greater.
Clause 58 states that Part 8 amends the Integrated Planning Act 1997.
Clause 59 amends s 3.7.8 of the Integrated Planning Act 1997 to provide
that pt 7 of that Act does not apply to the acquisition of land for a water
infrastructure facility.
Clause 60 amends Schedule 8 (Assessable development and self-assessable
development), part 1, table 3, item 1, column 2 of the Integrated Planning
Act 1997 by inserting a new subsection (j) which provides that
reconfiguration caused by acquisition of part of a lot is not assessable
development under the Act.
Clause 61 amends Schedule 9 (Development that is exempt from
assessment against a planning scheme), table 3, item 2, column 2 of the
Integrated Planning Act 1997 by inserting a new subsection (i) which
provides that reconfiguration cannot be made assessable development by a
local government planning scheme.
Clause 62 amends Schedule 10 (Dictionary) of the Integrated Planning Act
1997 to insert a new definition of water infrastructure facility. The intent is
that the amendments listed in clauses 60 and 61 above are limited to those
water infrastructure facilities which Queensland Water Infrastructure Pty
Ltd is directed to carry out under either the State Development and Public
Works Organisation Act 1971 or the Water Act 2000.
© State of Queensland 2007