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TASMANIA
__________
ELECTRICITY SUPPLY INDUSTRY
AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part 10, Division 6A inserted
Division 6A Charges
120. Interpretation
121. Recovery of NEMC
121A. NEMC not to apply to specified customers
121B. Electrical safety inspection service charge
121C. Orders under this Division
121D. Preparation of annual budget
121E. Electrical safety inspection service fund
121F. Penalty for late payment
121G. Money payable may be recovered as debt
[Bill 15]-IX
2
ELECTRICITY SUPPLY INDUSTRY
AMENDMENT BILL 2007
(Brought in by the Minister for Energy, the Honourable David
Edward Llewellyn)
A BILL FOR
An Act to amend the Electricity Supply Industry Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Electricity Supply
Industry Amendment Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Electricity Supply Industry Act
1995* is referred to as the Principal Act.
*No. 58 of 1995
[Bill 15] 3
Electricity Supply Industry Amendment Act 2007
Act No. of
s. 4
4. Part 10, Division 6A inserted
After section 119 of the Principal Act, the
following Division is inserted in Part 10:
Division 6A Charges
120. Interpretation
In this Division
"AEMC" means the Australian
Energy Market Commission
established under the Australian
Energy Market Commission
Establishment Act 2004 of South
Australia;
"Electricity Safety Minister" means
the Minister administering the
Electricity Industry Safety and
Administration Act 1997;
"Energy Minister" means the
Minister administering this Act;
"ESIS fund" means the electrical
safety inspection service fund
established under section 121E;
"NEMC" means the charge for the
cost of the State's funding
commitments in respect of the
AEMC recoverable under section
121;
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Electricity Supply Industry Amendment Act 2007
Act No. of
s. 4
121. Recovery of NEMC
(1) The Crown may recover from an
electricity entity, in each financial year, a
charge representing part or all of the cost
of the State's funding commitments in
respect of the AEMC.
(2) The Minister, by order published in the
Gazette, is to determine
(a) the electricity entity that is liable
for the charge; and
(b) the amount of the charge for the
financial year in which the order
is made.
(3) In determining the amount of the charge
for a financial year, the Minister must
consider the expenditure incurred, or
expected to be incurred, by the State in
its funding commitments in respect of the
AEMC.
(4) The Minister must notify the electricity
entity of the entity's liability for the
NEMC and the amount of the charge.
121A. NEMC not to apply to specified customers
The Minister may determine that the
NEMC, or any part of it, is not to apply
to a customer, or class of customers, of
the electricity entity as may be specified
in the order under section 121(2).
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Electricity Supply Industry Amendment Act 2007
Act No. of
s. 4
121B. Electrical safety inspection service charge
(1) An annual charge is payable to the
Crown by an electricity entity for the
operation and administration of the
electrical safety inspection service
administered by the responsible
Department in relation to the Electricity
Industry Safety and Administration Act
1997.
(2) The Minister, by order published in the
Gazette, is to determine the amount of
the electrical safety inspection service
charge each year.
(3) In determining the amount of the
electrical safety inspection service
charge, the Minister is to take into
account the budget prepared under
section 121D.
(4) The Minister must notify the electricity
entity of the entity's liability to pay the
electrical safety inspection service charge
and the amount of the charge.
(5) The electrical safety inspection service
charge is to be paid into the ESIS fund.
121C. Orders under this Division
(1) An order made under this Division is to
specify
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Electricity Supply Industry Amendment Act 2007
Act No. of
s. 4
(a) to whom the charge is payable;
and
(b) the place at which, and the date
and method by which, payment of
the charge is to be made.
(2) Sections 47(3), (4), (5), (6) and (7) of the
Acts Interpretation Act 1931 apply to an
order made under this Division as if it
were regulations within the meaning of
that Act.
(3) An order made under this Division is
not
(a) a statutory rule for the purposes
of the Rules Publication Act
1953; or
(b) subordinate legislation for the
purposes of the Subordinate
Legislation Act 1992.
121D. Preparation of annual budget
(1) Before 30 September in each calendar
year, the person or body engaged to carry
out the electrical safety inspection
service is to prepare a budget in respect
of the costs of delivering that service for
the next calendar year.
(2) The person or body is to provide a copy
of the budget to the Energy Minister, the
Regulator and the Administrator of
7
Electricity Supply Industry Amendment Act 2007
Act No. of
s. 4
Occupational Licensing appointed under
the Occupational Licensing Act 2005.
121E. Electrical safety inspection service fund
(1) The Electricity Safety Minister is to
establish the electrical safety inspection
service fund.
(2) Money in the ESIS fund is to be applied
for the operation and administration of
the electrical safety inspection service in
any way the Electricity Safety Minister
determines.
121F. Penalty for late payment
If the whole or any part of the electrical
safety inspection service charge payable
under section 121B is not paid by the due
date, the electricity entity is liable to a
penalty calculated at the rate of 20% per
annum of the amount unpaid as from that
due date.
121G. Money payable may be recovered as debt
The relevant Minister may recover
money payable as the NEMC or the
electrical safety inspection service charge
as a debt due in a court of competent
jurisdiction.
8 Government Printer, Tasmania