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TASMANIA
__________
ELECTRICITY SUPPLY INDUSTRY
(MISCELLANEOUS AMENDMENTS) BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Effect of miscellaneous amendments
PART 2 ELECTRICITY SUPPLY INDUSTRY ACT 1995 AMENDED
4. Principal Act
5. Section 3 amended (Interpretation)
6. Section 6 amended (Regulator's functions and powers)
7. Section 15 amended (Regulator's power to require information)
8. Part 2, Division 7: Heading amended
9. Section 16A amended (Conferral agreement)
10. Section 16B amended (Conferral notice)
11. Section 16C amended (Conferral of transmission pricing
functions and powers)
12. Section 16D amended (Termination of conferral agreement)
13. Section 36 amended (Ministerial notice relating to Basslink)
14. Section 49AA amended (Retailer of last resort)
15. Section 49A amended (Tasmanian Electricity Code)
[Bill 90]-XI
16. Section 49B amended (Review, amendment and replacement of
Code)
17. Section 122 amended (Regulations)
PART 3 ELECTRICITY SUPPLY INDUSTRY ACT 1995 FURTHER
AMENDED
18. Principal Act
19. Section 3 amended (Interpretation)
20. Section 3A amended (Meaning of distribution network and
electricity generating plant)
21. Section 18 amended (Application for licence)
22. Section 19 amended (Consideration of application)
23. Section 24A amended (Licence condition relating to system
security capability)
24. Section 25 amended (Licences conferring exclusive retail
franchise)
25. Section 109 amended (Unlawful interference with electricity
infrastructure or electrical installation)
PART 4 ELECTRICITY - NATIONAL SCHEME (TASMANIA) ACT
1999 AMENDED
26. Principal Act
27. Section 3 amended (Interpretation)
28. Part 2: Heading amended
29. Section 8A repealed
PART 5 ELECTRICITY COMPANIES ACT 1997 AMENDED
30. Principal Act
31. Section 3 amended (Interpretation)
32. Section 20 amended (Limitations on members of company)
33. Schedule 1 amended (Provisions to be included in memorandum
and articles)
PART 6 ELECTRICITY SUPPLY INDUSTRY (CONTESTABLE
CUSTOMER) REGULATIONS 2005 AMENDED
34. Principal Regulations
2
35. Regulation 4 amended (Application of regulations)
36. Regulation 5 amended (Customer retail services)
PART 7 ELECTRICITY SUPPLY INDUSTRY (PRICE CONTROL)
REGULATIONS 2003 AMENDED
37. Principal Regulations
38. Regulation 3 amended (Interpretation)
39. Regulation 16 amended (Revocation or amendment of
transmission revenue cap determination)
40. Regulation 17 amended (Costs of investigations and
determinations)
41. Regulation 21 amended (Revocation of declaration of declared
electrical service)
42. Regulation 22 amended (Revocation of certain declarations of
declared electrical service at NEM entry time)
43. Regulation 32 amended (Principles to be given effect)
44. Regulation 39 amended (Determinations of AER not reviewable)
PART 8 ELECTRICITY SUPPLY INDUSTRY (PRICE CONTROL)
REGULATIONS 2003 FURTHER AMENDED
45. Principal Regulations
46. Regulation 16 amended (Revocation or amendment of
transmission revenue cap determination)
PART 9 ELECTRICITY SUPPLY INDUSTRY REGULATIONS 1996
AMENDED
47. Principal Regulations
48. Regulation 3 amended (Interpretation)
PART 10 ELECTRICITY WAYLEAVES AND EASEMENTS ACT
2000 AMENDED
49. Principal Act
50. Section 3 amended (Interpretation)
51. Section 6 amended (Map of transmission system)
3
PART 11 HYDRO-ELECTRIC CORPORATION ACT 1995
AMENDED
52. Principal Act
53. Section 3 amended (Interpretation)
PART 12 HYDRO-ELECTRIC CORPORATION ACT 1995 FURTHER
AMENDED
54. Principal Act
55. Section 3 amended (Interpretation)
4
ELECTRICITY SUPPLY INDUSTRY
(MISCELLANEOUS AMENDMENTS) BILL 2005
(Brought in by the Treasurer, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Electricity Supply Industry Act 1995,
the Electricity - National Scheme (Tasmania) Act 1999, the
Electricity Companies Act 1997, the Electricity Supply
Industry (Contestable Customer) Regulations 2005, the
Electricity Supply Industry (Price Control) Regulations 2003,
the Electricity Supply Industry Regulations 1996, the
Electricity Wayleaves and Easements Act 2000 and the
Hydro-Electric Corporation 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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Electricity Supply
Industry (Miscellaneous Amendments) Act 2005.
2. Commencement
(1) Sections 1 and 3, Parts 2, 4, 7, 9 and 11 and this
section commence on the day on which this Act
receives the Royal Assent.
[Bill 90] 5
s. 3 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
(2) The remaining provisions of this Act commence
on a day to be proclaimed.
3. Effect of miscellaneous amendments
The amendment by this Act of a provision of any
regulations does not prevent that provision or
any other provision of those regulations from
being amended or rescinded by a subsequent
regulation.
6
2005 Electricity Supply Industry (Miscellaneous No. s. 4
Amendments)
PART 2 ELECTRICITY SUPPLY INDUSTRY ACT
1995 AMENDED
4. Principal Act
In this Part, the Electricity Supply Industry Act
1995* is referred to as the Principal Act.
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "Australian
Competition and Consumer
Commission" and substituting the
following definition:
"AER" means the Australian Energy
Regulator established by section
44AE of the Trade Practices Act
1974 of the Commonwealth;
(b) by omitting "National Electricity Code"
from the definition of "Jurisdictional
Regulator" and substituting "National
Electricity Rules";
(c) by omitting the definition of "National
Electricity Code";
(d) by omitting "National Electricity Code"
from the definition of "National
Electricity Market" and substituting
"National Electricity Rules";
*No. 58 of 1995
7
s. 6 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
(e) by inserting the following definition after
the definition of "National Electricity
Market":
"National Electricity Rules" means
(a) the Rules made under
section 90(1) of the
National Electricity Law;
and
(b) the National Electricity
Rules made under section
34 of the National
Electricity Law by the
Australian Energy Market
Commission established
by section 5 of the
Australian Energy Market
Commission
Establishment Act 2004 of
South Australia;
6. Section 6 amended (Regulator's functions and
powers)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
"National Electricity Code" and
substituting "National Electricity Rules";
(b) by omitting from subsection (4)
"National Electricity Code" twice
occurring and substituting "National
Electricity Rules";
8
2005 Electricity Supply Industry (Miscellaneous No. s. 7
Amendments)
(c) by omitting from subsection (5)(b)
"National Electricity Code" and
substituting "National Electricity Rules";
(d) by omitting from subsection (6)
"National Electricity Code" and
substituting "National Electricity Rules";
(e) by omitting from subsection (6)(a) "that
Code" and substituting "those Rules";
(f) by omitting from subsection (6)(b) "that
Code" and substituting "those Rules".
7. Section 15 amended (Regulator's power to require
information)
Section 15(1) of the Principal Act is amended by
omitting "National Electricity Code" and
substituting "National Electricity Rules".
8. Part 2, Division 7: Heading amended
Division 7 of Part 2 of the Principal Act is
amended by omitting "Australian Competition
and Consumer Commission" from the heading
to that Division and substituting "AER".
9. Section 16A amended (Conferral agreement)
Section 16A of the Principal Act is amended by
omitting "Australian Competition and Consumer
Commission" and substituting "AER".
9
s. 10 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
10. Section 16B amended (Conferral notice)
Section 16B of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Australian Competition and Consumer
Commission" and substituting "AER";
(b) by omitting from subsection (2)(b)
"Australian Competition and Consumer
Commission" and substituting "AER".
11. Section 16C amended (Conferral of transmission
pricing functions and powers)
Section 16C of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Australian Competition and Consumer
Commission" first occurring and
substituting "AER";
(b) by omitting from subsection (1)(a)
"Australian Competition and Consumer
Commission" and substituting "AER";
(c) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) at the discretion of the AER, may
be performed or exercised by the
AER.
10
2005 Electricity Supply Industry (Miscellaneous No. s. 12
Amendments)
(d) by omitting from subsection (2)
"Australian Competition and Consumer
Commission" and substituting "AER";
(e) by omitting from subsection (3)
"Australian Competition and Consumer
Commission" and substituting "AER";
(f) by omitting from subsection (4)
"Australian Competition and Consumer
Commission" and substituting "AER";
(g) by omitting from subsection (4)(a) "that
Commission" and substituting "the
AER";
(h) by omitting from subsection (4)(b) "that
Commission" and substituting "the
AER";
(i) by omitting from subsection (4)(c) "that
Commission" and substituting "the
AER";
(j) by omitting from subsection (5)
"Australian Competition and Consumer
Commission" and substituting "AER";
(k) by omitting from subsection (6)
"Australian Competition and Consumer
Commission" and substituting "AER".
12. Section 16D amended (Termination of conferral
agreement)
Section 16D of the Principal Act is amended as
follows:
11
s. 13 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
(a) by omitting from paragraph (a)
"Australian Competition and Consumer
Commission" and substituting "AER";
(b) by omitting from paragraph (b)
"Australian Competition and Consumer
Commission" and substituting "AER";
(c) by omitting from paragraph (c) "that
Commission" and substituting "the
AER".
13. Section 36 amended (Ministerial notice relating to
Basslink)
Section 36(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "National
Electricity Code" and substituting
"National Electricity Rules";
(b) by omitting from paragraph (b)(ii)
"National Electricity Code" and
substituting "National Electricity Rules".
14. Section 49AA amended (Retailer of last resort)
Section 49AA(2)(a)(ii) of the Principal Act is
amended by omitting "National Electricity
Code" and substituting "National Electricity
Rules".
12
2005 Electricity Supply Industry (Miscellaneous No. s. 15
Amendments)
15. Section 49A amended (Tasmanian Electricity Code)
Section 49A(8) of the Principal Act is amended
by omitting "National Electricity Code" and
substituting "National Electricity Rules".
16. Section 49B amended (Review, amendment and
replacement of Code)
Section 49B(4) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (b) "National
Electricity Code" and substituting
"National Electricity Rules";
(b) by omitting from paragraph (c)
"Australian Competition and Consumer
Commission" and substituting "AER";
(c) by omitting from paragraph (d) "National
Electricity Code" and substituting
"National Electricity Rules".
17. Section 122 amended (Regulations)
Section 122 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2BA)
"National Electricity Code" first
occurring and substituting "National
Electricity Rules";
(b) by omitting from subsection (2BA)(c)
"National Electricity Code contemplates"
13
s. 17 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
and substituting "National Electricity
Rules contemplate";
(c) by omitting from subsection (2BB)(a)(ii)
"National Electricity Code" and
substituting "National Electricity Rules".
14
2005 Electricity Supply Industry (Miscellaneous No. s. 18
Amendments)
PART 3 ELECTRICITY SUPPLY INDUSTRY ACT
1995 FURTHER AMENDED
18. Principal Act
In this Part, the Electricity Supply Industry Act
1995* is referred to as the Principal Act.
19. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "networks" from paragraph
(d) of the definition of "Basslink" and
substituting "systems";
(b) by omitting "network" first occurring
from the definition of "customer" and
substituting "system";
(c) by omitting "network" first occurring
from paragraph (a) of the definition of
"customer" and substituting "system";
(d) by omitting "network" third occurring
from paragraph (a) of the definition of
"customer" and substituting
"transmission system or distribution
network";
(e) by omitting "network" from the
definition of "transmission" and
substituting "system";
*No. 58 of 1995
15
s. 20 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
(f) by omitting the definition of
"transmission network" and substituting
the following definition:
"transmission system" has the same
meaning as in the National
Electricity Rules;
20. Section 3A amended (Meaning of distribution
network and electricity generating plant)
Section 3A of the Principal Act is amended as
follows:
(a) by omitting subsection (2);
(b) by omitting from subsection (4)
"network" second occurring and
substituting "system";
(c) by omitting from subsection (5)(a)
"network" second occurring and
substituting "system";
(d) by omitting from subsection (5)(b)
"network" second occurring and
substituting "system".
21. Section 18 amended (Application for licence)
Section 18(1)(c) of the Principal Act is amended
as follows:
(a) by inserting in subparagraph (i) "system"
after "transmission";
16
2005 Electricity Supply Industry (Miscellaneous No. s. 22
Amendments)
(b) by omitting from subparagraph (ii)
"network" five times occurring and
substituting "system".
22. Section 19 amended (Consideration of application)
Section 19(2) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (c) "system"
after "transmission";
(b) by omitting from paragraph (d)
"network" three times occurring and
substituting "system".
23. Section 24A amended (Licence condition relating to
system security capability)
Section 24A(2) of the Principal Act is amended
by omitting "network" and substituting
"system".
24. Section 25 amended (Licences conferring exclusive
retail franchise)
Section 25(2)(b) of the Principal Act is amended
by omitting "network" second occurring and
substituting "system".
17
s. 25 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
25. Section 109 amended (Unlawful interference with
electricity infrastructure or electrical installation)
Section 109(1) of the Principal Act is amended
as follows:
(a) by inserting in paragraph (a) "system"
after "transmission";
(b) by inserting in paragraph (b) "system"
after "transmission".
18
2005 Electricity Supply Industry (Miscellaneous No. s. 26
Amendments)
PART 4 ELECTRICITY - NATIONAL SCHEME
(TASMANIA) ACT 1999 AMENDED
26. Principal Act
In this Part, the Electricity - National Scheme
(Tasmania) Act 1999* is referred to as the
Principal Act.
27. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting the definitions of "Australian
Competition and Consumer Commission" and
"National Electricity Code".
28. Part 2: Heading amended
Part 2 of the Principal Act is amended by
omitting "LAW, NATIONAL ELECTRICITY
(TASMANIA) REGULATIONS AND
NATIONAL ELECTRICITY CODE" from
the heading to that Part and substituting "LAW
AND NATIONAL ELECTRICITY
(TASMANIA) REGULATIONS".
29. Section 8A repealed
Section 8A of the Principal Act is repealed.
*No. 28 of 1999
19
s. 30 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
PART 5 ELECTRICITY COMPANIES ACT 1997
AMENDED
30. Principal Act
In this Part, the Electricity Companies Act 1997*
is referred to as the Principal Act.
31. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "network" first occurring
from the definition of "dispose of" and
substituting "system";
(b) by omitting "network" third occurring
from the definition of "dispose of" and
substituting "system";
(c) by omitting "network" twice occurring
from paragraph (a) of the definition of
"dispose of" and substituting
"transmission system or distribution
network";
(d) by omitting "network" twice occurring
from paragraph (b) of the definition of
"dispose of" and substituting
"transmission system or distribution
network";
*No. 69 of 1997
20
2005 Electricity Supply Industry (Miscellaneous No. s. 32
Amendments)
(e) by omitting the definition of
"transmission network" and substituting
the following definition:
"transmission system" has the same
meaning as in the Electricity
Supply Industry Act 1995.
32. Section 20 amended (Limitations on members of
company)
Section 20(3) of the Principal Act is amended as
follows:
(a) by omitting "network" first occurring and
substituting "system";
(b) by omitting "network" third occurring
and substituting "system".
33. Schedule 1 amended (Provisions to be included in
memorandum and articles)
Clause 4(d) of Part 2 of Schedule 1 to the
Principal Act is amended as follows:
(a) by omitting "network" first occurring and
substituting "system";
(b) by omitting "network" third occurring
and substituting "system";
(c) by omitting "network" fifth occurring
and substituting "transmission system or
distribution network".
21
s. 34 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
PART 6 ELECTRICITY SUPPLY INDUSTRY
(CONTESTABLE CUSTOMER) REGULATIONS 2005
AMENDED
34. Principal Regulations
In this Part, the Electricity Supply Industry
(Contestable Customer) Regulations 2005* are
referred to as the Principal Regulations.
35. Regulation 4 amended (Application of regulations)
Regulation 4 of the Principal Regulations is
amended as follows:
(a) by omitting from paragraph (a)
"network" and substituting "system";
(b) by omitting from paragraph (b)
"network" first occurring and substituting
"transmission system".
36. Regulation 5 amended (Customer retail services)
Regulation 5 of the Principal Regulations is
amended as follows:
(a) by omitting from paragraph (a)
"network" second occurring and
substituting "system";
(b) by omitting from paragraph (b)
"network" second occurring and
substituting "system".
*S.R. 2005, No. 88
22
2005 Electricity Supply Industry (Miscellaneous No. s. 37
Amendments)
PART 7 ELECTRICITY SUPPLY INDUSTRY (PRICE
CONTROL) REGULATIONS 2003 AMENDED
37. Principal Regulations
In this Part, the Electricity Supply Industry
(Price Control) Regulations 2003* are referred
to as the Principal Regulations.
38. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is
amended as follows:
(a) by omitting "National Electricity Code"
from the definition of "jurisdictional
derogations" and substituting "National
Electricity Rules";
(b) by omitting "Australian Competition and
Consumer Commission" from the
definition of "jurisdictional derogations"
and substituting "AER";
(c) by omitting "National Electricity Code"
from paragraph (c) of the definition of
"relevant tax" and substituting "National
Electricity Rules".
*S.R. 2003, No. 54
23
s. 39 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
39. Regulation 16 amended (Revocation or amendment
of transmission revenue cap determination)
Regulation 16(1)(d) of the Principal Regulations
is amended by omitting "Australian Competition
and Consumer Commission" and substituting
"AER".
40. Regulation 17 amended (Costs of investigations and
determinations)
Regulation 17(3) of the Principal Regulations is
amended by omitting "Australian Competition
and Consumer Commission" and substituting
"AER".
41. Regulation 21 amended (Revocation of declaration
of declared electrical service)
Regulation 21(1) of the Principal Regulations is
amended by omitting "National Electricity
Code" and substituting "National Electricity
Rules".
42. Regulation 22 amended (Revocation of certain
declarations of declared electrical service at NEM
entry time)
Regulation 22(c) of the Principal Regulations is
amended by omitting "National Electricity
Code" and substituting "National Electricity
Rules".
24
2005 Electricity Supply Industry (Miscellaneous No. s. 43
Amendments)
43. Regulation 32 amended (Principles to be given
effect)
Regulation 32(1) of the Principal Regulations is
amended by omitting "National Electricity
Code" from paragraph (b) of the definition of
"relevant code" and substituting "National
Electricity Rules".
44. Regulation 39 amended (Determinations of AER
not reviewable)
Regulation 39 of the Principal Regulations is
amended by omitting "Australian Competition
and Consumer Commission" and substituting
"AER".
25
s. 45 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
PART 8 ELECTRICITY SUPPLY INDUSTRY (PRICE
CONTROL) REGULATIONS 2003 FURTHER
AMENDED
45. Principal Regulations
In this Part, the Electricity Supply Industry
(Price Control) Regulations 2003* are referred
to as the Principal Regulations.
46. Regulation 16 amended (Revocation or amendment
of transmission revenue cap determination)
Regulation 16(1)(c) of the Principal Regulations
is amended as follows:
(a) by omitting "networks" and substituting
"systems";
(b) by omitting "network" and substituting
"system".
*S.R. 2003, No. 54
26
2005 Electricity Supply Industry (Miscellaneous No. s. 47
Amendments)
PART 9 ELECTRICITY SUPPLY INDUSTRY
REGULATIONS 1996 AMENDED
47. Principal Regulations
In this Part, the Electricity Supply Industry
Regulations 1996* are referred to as the
Principal Regulations.
48. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is
amended by omitting "National Electricity
Code" from the definition of "NEMMCO-
registered electricity entity" and substituting
"National Electricity Rules".
*S.R. 1996, No. 158
27
s. 49 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
PART 10 ELECTRICITY WAYLEAVES AND
EASEMENTS ACT 2000 AMENDED
49. Principal Act
In this Part, the Electricity Wayleaves and
Easements Act 2000* is referred to as the
Principal Act.
50. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of "transmission
network" and substituting the following
definition:
"transmission system" has the same meaning
as in the Electricity Supply Industry Act
1995;
51. Section 6 amended (Map of transmission system)
Section 6(5) of the Principal Act is amended by
omitting "network" three times occurring and
substituting "system".
*No. 64 of 2000
28
2005 Electricity Supply Industry (Miscellaneous No. s. 52
Amendments)
PART 11 HYDRO-ELECTRIC CORPORATION ACT
1995 AMENDED
52. Principal Act
In this Part, the Hydro-Electric Corporation Act
1995* is referred to as the Principal Act.
53. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "National Electricity Code as
established under the National Electricity
Law" from the definition of "National
Electricity Market" and substituting
"National Electricity Rules";
(b) by inserting the following definition after
the definition of "National Electricity
Market":
"National Electricity Rules" has the
same meaning as in the
Electricity Supply Industry Act
1995;
*No. 57 of 1995
29
s. 54 No. Electricity Supply Industry (Miscellaneous 2005
Amendments)
PART 12 HYDRO-ELECTRIC CORPORATION ACT
1995 FURTHER AMENDED
54. Principal Act
In this Part, the Hydro-Electric Corporation Act
1995* is referred to as the Principal Act.
55. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "networks" from paragraph
(d) of the definition of "Basslink" and
substituting "systems";
(b) by omitting the definition of
"transmission network" and substituting
the following definition:
"transmission system" has the same
meaning as in the Electricity
Supply Industry Act 1995.
*No. 57 of 1995
30 Government Printer, Tasmania