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ENERGY AND WATER OMBUDSMAN ACT 2006 - As at 1 March 2023 - Act 61 of 2006

- As at 1 March 2023 - Act 61 of 2006

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

  • 1 Short title
  • 2 Commencement
  • 3 Main purpose of Act

Division 2 - Interpretation

  • 4 Dictionary
  • 5 What is an energy Act
  • 6 Who is a small customer (energy)
  • 6A Who is a small customer (water)
  • 6B Who is an eligible customer
  • 6C Who is an eligible non-residential energy customer
  • 6D Who is a relevant energy customer
  • 7 What is an energy entity and a prescribed energy entity
  • 7A What is a water entity and a withdrawn council
  • 7B What is a utility entity
  • 8 What is an energy entity function
  • 8A What is a water entity function
  • 9 References to functions

PART 2 - THE ENERGY AND WATER OMBUDSMAN

  • 10 Establishment
  • 11 Functions
  • 12 Restrictions on functions—energy entities
  • 12A Restriction on functions—water entities
  • 12B General restrictions on functions
    • 13. (Repealed)
  • 14 Obligations in performing functions
  • 15 General powers
  • 16 Energy and water ombudsman not subject to direction
  • 17 Consultation with advisory council

PART 3 - DISPUTE REFERRALS

  • 18 Disputes relating to energy entities that may be referred to energy and water ombudsman
  • 18A Disputes relating to water entities that may be referred to energy and water ombudsman
  • 18B Dispute may involve complaint about interference with privacy
  • 19 Restrictions on disputes relating to energy entities that can be referred
  • 19A General restrictions on disputes that can be referred
  • 20 Discretion to accept particular referrals made out-of-time
  • 21 Ways of making dispute referral
  • 22 Refusal to investigate dispute referral
  • 23 Notice of referral not properly made or of refusal to investigate
  • 24 Preliminary inquiry
  • 25 Withdrawal of dispute referral
  • 25A Use and disclosure of personal information
  • 25B Disclosure of customer identifying information

PART 4 - INVESTIGATIONS

  • 26 Notice of investigation
  • 27 When investigation starts
  • 28 Investigation procedure
  • 29 Power to require particular documents or information from relevant entity
  • 30 Custody of documents given to energy and water ombudsman
  • 31 Restriction on disclosing relevant entity’s confidential information
  • 32 Interim orders
  • 33 Proceedings after investigation starts

PART 5 - ACTION FOLLOWING INVESTIGATION

Division 1 - Resolving dispute

  • 34 Decision
  • 35 Final orders that may be made
  • 36 Criteria for making final order
  • 37 Restrictions on final orders
  • 38 Notice of decision
  • 39 Restriction on including confidential information in decision notice

Division 2 - Acceptance of final order by non-entity party

  • 40 Election to accept or not to accept
  • 41 Effect of accepted order

Division 3 - Enforcement of final orders

  • 42 How final order for an amount may be enforced
  • 43 Non-entity party’s duty to allow relevant entity to comply with particular accepted orders
  • 44 Inquiry and directions about failure to comply with duty
  • 45 Failure of non-entity party to comply with compliance directions
  • 46 Failure by relevant entity to comply with accepted order or compliance directions

Division 4 - Miscellaneous provision

  • 47 Dismissal or non-acceptance does not affect other proceedings

PART 6 - ADVISORY COUNCIL

  • 48 Establishment
  • 49 Functions
  • 50 Appointment
  • 50A Chairperson

PART 7 - PARTICULAR PROVISIONS ABOUT THE ENERGY AND WATER OMBUDSMAN

  • 51 Appointment
  • 52 Term of appointment
  • 53 Remuneration and conditions
  • 54 Restriction on outside employment
  • 55 Resignation
  • 56 Acting energy and water ombudsman
  • 57 Termination of appointment
  • 58 Preservation of rights

PART 8 - ADMINISTRATION

Division 1 - Energy and water ombudsman office

  • 59 Office of the Energy and Water Ombudsman
  • 60 Control of office
  • 61 Officers
  • 62 Officers not subject to outside direction
  • 63 Alternative staffing arrangements

Division 2 - Funding of energy and water ombudsman office

Subdivision 1 - Participation fees
  • 64 Scheme participation—energy entities
  • 64A Scheme participants—water entities
  • 65 Annual fees
  • 66 When participation fee is payable
  • 67 Amount of participation fee—energy entity
  • 67A Amount of participation fee—water entity
  • 68 When user-pays fee is payable
  • 69 Working out user-pays fee generally
  • 69A User-pays fees for prescribed energy entities
  • 70 Supplementary fees
    • Subdivision 2 - Late payments
  • 71 Unpaid fee interest
  • 72 Energy and water ombudsman may remit unpaid fee interest
  • 73 Recovery of unpaid amounts

Division 3 - Other matters

  • 74 Annual budgets
  • 75 Budget guidelines
  • 76 Delegation
  • 77 Annual report
  • 78 Reports and observations on energy and water ombudsman’s initiative
  • 79 Privacy
  • 80 Disclosure of particular information
  • 81 Protection from liability
  • 82 Approved forms
  • 83 Regulation-making power

PART 9 - TRANSITIONAL PROVISIONS FOR ACT NO. 61 OF 2006

Division 1 - Preliminary

Division 2 - Transitional provisions for funding and first budget

  • 85 User-pays fees for changeover quarters
  • 86 Reference to previous fees for working out user-pays fee under this Act
  • 87 Budget for first financial year

Division 3 - Existing disputes under energy Act

  • 88 Application of div 3
  • 89 Referral becomes a dispute referral
  • 90 Documents and information given for energy Act referral

PART 10 - TRANSITIONAL PROVISIONS FOR THE WATER AND OTHER LEGISLATION AMENDMENT ACT 2010

  • 91 Definitions for pt 10
  • 92 Office continues
  • 93 Saving of certain appointments etc.
  • 94 References to energy ombudsman
  • 95 Scheme members
  • 96 Advisory council members go out of office and appointment of new members
  • 97 Application of ss 68 and 69 to water entities for last 2 quarters of 2010–2011 financial year
  • 98 Energy and water ombudsman may prepare amended budget
  • 99 Advisory council to report in relation to water entities
    • 100. (Repealed) 101. (Repealed)

PART 11 - TRANSITIONAL PROVISION FOR REPEAL OF COMMUNITY AMBULANCE COVER ACT 2003

  • 102 Continuation of former provisions for functions of energy and water ombudsman

PART 12 - TRANSITIONAL PROVISIONS FOR SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) AND OTHER LEGISLATION AMENDMENT ACT 2012

  • 103 Definitions for pt 12
  • 104 Migration of small customers (water) of Allconnex
  • 105 Existing dispute referrals
  • 106 Disputes not referred before 1 July 2012
  • 107 Existing investigations
  • 108 Existing information requirements
  • 109 Existing orders, decisions, declarations and directions
  • 110 Amended budget for 2011–12 financial year
  • 111 Withdrawn councils’ user-pays fees for 2012–13 financial year
  • 112 References in Acts and other documents

PART 13 - TRANSITIONAL PROVISION FOR ELECTRICITY COMPETITION AND PROTECTION LEGISLATION AMENDMENT ACT 2014

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