ELECTRICITY ACT 1996

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Objects
• 4 Interpretation
• 5 Crown bound
• 6 Other statutory requirements not affected

PART 2--Administration

Division 1--Essential Services Commission

• 6A Functions and powers of Commission

Division 3--Technical Regulator

• 7 Technical Regulator
• 8 Functions of Technical Regulator
• 9 Delegation
• 10 Technical Regulator's power to require information
• 11 Obligation to preserve confidentiality
• 14 Annual report

Division 4--Advisory committees

• 14A Consumer advisory committee
• 14B Technical advisory committee
• 14C Other advisory committees

PART 3--Electricity supply industry

Division A1--Declaration as regulated industry

• 14D Declaration as regulated industry

Division A2--Application of provisions

• 14E Application of provisions

Division 1--Licensing of electricity entities

• 15 Requirement for licence
• 16 Application for licence
• 17 Consideration of application
• 17A Licences may be held jointly
• 18 Authority conferred by licence
• 19 Term of licence
• 20 Licence fees and returns
• 21 Licence conditions
• 22 Licences authorising generation of electricity
• 23 Licences authorising operation of transmission or distribution network
• 24 Licences authorising retailing
• 24A Licences authorising system control
• 24B Licence conditions and national energy laws
• 25 Offence to contravene licence conditions
• 27 Variation of licence
• 28 Transfer of licence
• 28A Consultation with consumer bodies
• 28B Notice of licence decisions
• 29 Surrender of licence
• 30 Register of licences
• 30A Licence is not personal property for the purposes of Commonwealth Act

Division 2--System controller

• 31 Functions and powers of system controller
• 34 Remuneration of system controller
• 35 Obligation to preserve confidentiality

Division 2A--Price regulation

• 35A Price regulation by Commission
• 35B Initial electricity pricing order

Division 3--Standard terms and conditions for sale or supply

• 36 Standard terms and conditions for sale or supply

Division 3AA--Special provisions relating to small customers

• 36AA Provision for standing contract with small customers
• 36AB Provision for default contract with small customers

Division 3AB--Feed-in mechanisms

• 36AC Interpretation
• 36AD Feeding electricity into networks--requirements on holder of licence authorising retailing
• 36AE Feeding electricity into networks--requirements on holder of licence authorising operation of distribution network

Division 3AC--Contestable services

• 36AF Contestable services

Division 3A--Protection of property in infrastructure

• 36A Electricity infrastructure does not merge with land
• 36B Prevention of dismantling of electricity infrastructure in execution of judgment

Division 4--Suspension or cancellation of licences

• 37 Suspension or cancellation of licences

Division 5--Commission's powers to take over operations

• 38 Power to take over operations
• 39 Appointment of operator

PART 4--Electricity entities' powers and duties

Division 1--Electricity officers

• 41 Appointment of electricity officers
• 42 Conditions of appointment
• 43 Electricity officer's identity card
• 44 Production of identity card

Division 1A--General investigative powers of electricity officers

• 44A General investigative powers of electricity officers

Division 2--Powers and duties relating to infrastructure

• 45 Entry on land to conduct surveys etc
• 46 Acquisition of land
• 47 Power to carry out work on public land
• 48 Entry for purposes related to infrastructure
• 48A Easements and access to infrastructure for data transmission and telecommunications

Division 3--Powers relating to installations

• 49 Entry to inspect etc electrical installations
• 50 Entry to read meters etc
• 51 Entry to disconnect supply
• 52 Disconnection of supply if entry refused

Division 4--Powers and duties in emergencies

• 53 Electricity entity may cut off electricity supply to avert danger
• 54 Emergency legislation not affected

PART 5--Clearance of vegetation from powerlines

Division 1--Duties and powers in relation to vegetation clearance

• 55 Duties in relation to vegetation clearance
• 55AA Powers of electricity entity in relation to vegetation clearance

Division 2--Vegetation clearance schemes in prescribed areas

• 55A Vegetation clearance schemes
Subdivision 2--Disputes about schemes
• 55B Vegetation clearance scheme dispute
• 55C Circumstances in which Technical Regulator not obliged to determine dispute
• 55D Determinations
• 55E Principles to be taken into account
• 55F Conduct of proceedings
• 55G Giving of relevant documents to Technical Regulator
• 55H Power to obtain information and documents
• 55I Confidentiality of information
• 55J Termination of proceedings for determination
• 55K Procedure for giving determination
• 55L Costs
Subdivision 3--Enforcement of schemes
• 55M Enforcement as contract
Subdivision 4--Resolution of disputes under schemes
• 55N Resolution of dispute by intervention of Technical Regulator

Division 3--Miscellaneous

• 56 Role of councils in relation to vegetation clearance not within prescribed areas
• 57 Power to enter for vegetation clearance purposes
• 58 Regulations in respect of vegetation clearance

PART 5A--Undergrounding of powerlines

• 58A Program for undergrounding of powerlines

PART 6--Safety and technical issues

• 59 Requirements relating to electrical installation connection and meter installation
• 60 Responsibility of owner or operator of infrastructure or installation
• 60A Responsibility to ensure correct polarity and phase relationship
• 60B Safety, reliability, maintenance and technical management plans
• 61 Electrical installation work
• 61A Unsafe installation of electrical equipment
• 61B Design of electrical installations
• 62 Power to require rectification etc in relation to infrastructure, installations or equipment
• 62A Public warning statements
• 62B Immunity from liability
• 63 Reporting of accidents etc

PART 6A--Regulation of NERL retailers

• 63AA Application of Part
• 63AB Compliance with certain code provisions under Essential Services Commission Act 2002 and requirements of regulations
• 63AC Participation in ombudsman scheme
• 63AD Compliance with customer concessions scheme and performance of community service obligations
• 63AE NERL retailers annual administration fee

PART 7--Enforcement

Division A1--Warning notices and assurances

• 63A Warning notices
• 63B Assurances
• 63BA Register of warning notices and assurances
• 63BB Offence to act contrary to assurance
• 63BC Enforcement orders in relation to assurances

Division A2--Injunctions

• 63C Injunctions

Division A3--Enforcement notices

• 63D Enforcement notices

Division 1--Appointment of authorised officers

• 64 Appointment of authorised officers
• 65 Conditions of appointment
• 66 Authorised officer's identity card
• 67 Production of identity card

Division 2--Authorised officers' powers

• 68 Power of entry
• 69 General investigative powers of authorised officers
• 70 Disconnection of electricity supply
• 71 Power to require disconnection of cathodic protection system
• 72 Power to make infrastructure, installation or equipment safe
• 73 Power to require information or documents

Division 3--Related matters

• 74 Self-incrimination

PART 8--Reviews

• 75 Review of decisions by Commission or Technical Regulator
• 76 Review by Tribunal
• 77 Minister's power to intervene

PART 9--Miscellaneous

• 80 Power of exemption
• 80A Register of exemptions
• 81 Obligation to comply with conditions of exemption
• 81A Delegation by Minister
• 82 Application and issue of warrant
• 83 Urgent situations
• 84 Unlawful interference with electricity infrastructure or electrical installation
• 85 Unlawful taking of electricity, interference with meters or positioning of lines
• 86 Erection of buildings in proximity to powerline
• 87 Notice of work that may affect electricity infrastructure
• 88 Impersonation of officials etc
• 89 Obstruction
• 90 False or misleading information
• 91 Statutory declarations
• 91A Protection from liability
• 91B Offences
• 92 General defence
• 93 Offences by bodies corporate
• 93A Imputing conduct to bodies corporate
• 94 Continuing offence
• 94A Order for payment of profit from contravention
• 94B Energy productivity shortfalls
• 96 Evidence
• 97 Service
• 98 Regulations
• SCHEDULE 2--Transitional provisions
Legislative history