ELECTRICITY SUPPLY INDUSTRY ACT 1995

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 3A Meaning of distribution network and electricity generating plant
• 4 Crown to be bound

PART 2 - Administration Division 1 - The Regulator

• 5 The Regulator
• 6 Regulator's functions and powers
• 7 Enforcement of Act by Regulator
• 8 Administrative fairness and independence
• 9 Special reports to Minister
• 10 Annual report
• 10A State of the industry report
• 10B Network reliability report
• 10C Price comparison report

Division 2 - Executive and advisory committees

• 11 Executive committees
• 12 Advisory committees

Division 3 - Delegation

• 13 Delegation

Division 4 - Regulator's power of direction

• 14 Regulator's power of direction

Division 5 - Power to obtain information

• 15 Regulator's power to require information

Division 6 - Confidential information

• 16 Obligation to preserve confidentiality

Division 7 - Conferral of Regulator's functions and powers on AER

• 16A Conferral agreement
• 16B Conferral notice
• 16C Conferral of transmission pricing functions and powers
• 16D Termination of conferral agreement

PART 3 - The Electricity Supply Industry Division 1 - Licensing of

• 17 Requirement for licence
• 18 Application for licence
• 19 Consideration of application
• 19A Bass Strait Islands power system
• 19B Conditions of, and liabilities in respect of, certain licences in
relation to Bass Strait Islands Subdivision 2 - Terms and conditions of licence
• 20 Authority conferred by licence
• 21 Term of licence
• 22 Conditions of licence
• 23 Matters to be included in licence
Subdivision 3 - Special licence obligations
• 24 Section 24
• 24A Licence condition relating to system security capability
• 25 Section 25
• 26 Obligation to supply
Subdivision 4 - Miscellaneous
• 27 Notice of licence decisions and limitations on review and appeal
• 28 Amendment of licence
• 29 Transfer of licence
• 30 Surrender of licence
• 31 Register of licences

Division 2 -

• 32 Section 32
• 33 Section 33
• 34 Section 34
• 34A Section 34A
• 35 Section 35

Division 3 - Special provisions relating to Hydro-Electric Corporation

• 36 Ministerial notice relating to Basslink
• 37 Compliance plan
• 37A Section 37A

Division 4 - Retailing of electricity to certain customers

• 38 Only Aurora Retail may retail electricity to non-contestable customers
on mainland Tasmania
• 38A Transitional provisions in relation to retail sales
• 38B Regulated offer retailers
• 38C Local area retailer
• 39 HEC not to sell electricity to certain customers on, or be
authorised retailer for, mainland Tasmania Subdivision 2 - Charging for retail services
• 39A Section 39A
• 40AA Determination of certain maximum prices
• 40AB Principles to be taken into account in making determinations under
section 40AA
• 40ABA Section 40ABA
• 40ABB Section 40ABB
• 40AC Making of first determinations under section 40AA in relation to
regulated offer retailers
• 40AD Declarations and determinations in relation to certain services
• 40 Standing offer prices
• 41 Approval of standing offer prices
• 42 Tariffs, charges and conditions for Bass Strait Islands customers
• 43 Approval of tariffs, charges and conditions for Bass Strait Islands
customers
• 43A Regulator may charge for certain expenses
• 43B Only local area retailer may sell unmetered electricity
Subdivision 3 - Community service obligation concessions
• 43C Interpretation of this Subdivision
• 43D Concession orders
• 43E Community service obligation agreements
• 43F Reimbursement of concessions

Division 4A - Wholesale electricity pricing and contracts Subdivision

• 43G Approvals in relation to certain contracts of Hydro-Electric
Corporation
• 43H Principles to be taken into account in approvals
Subdivision 2 - Contracts
• 43I Approved standard form contracts to be offered to authorised
retailers
• 43J Certain contracts not required to be offered, &c., if
requirements as to risk not met
• 43K Certain contracts not required to be offered, &c., if minimum
volume would be exceeded Subdivision 3 - Price monitoring
• 43L Application of approved methodologies
• 43M Regulator may approve fixing of prices in certain circumstances
• 43N Fixing of prices by Regulator
Subdivision 4 - Transitional matters
• 43O Transitional provisions in relation to approvals under this Division

Division 5 - Restrictions on re-supply

• 44 Restrictions on re-supply

Division 5A - Feed-in tariffs

• 44A Interpretation of Division 5A
• 44B Qualifying systems
• 44C Standard feed-in tariff customers
• 44D Transitional feed-in tariff customers
• 44E Authorised retailers to pay feed-in tariffs and provide feed-in
tariff supply statements
• 44F Feed-in tariff rates
• 44G Feed-in tariff rate determinations
• 44H Principles to be taken into account in making feed-in tariff rate
determinations
• 44I Distributors to reimburse authorised retailers for difference between
rates
• 44J Report and recording obligations of distributors

Division 5B - Special provisions relating to certain transmission and

• 44K Interpretation of Division 5B
• 44L Planning authorities to notify relevant entities of planning
applications
• 44M Relevant entity to give notice to planning authority
• 44N Duty of relevant entity to advise applicant for permit
• 44O Process and timing for works

Division 6 - Disputes

• 45 Disputes

Division 7 - Effect of non-compliance with Act

• 46 Section 46
• 47 Cancellation of licences

Division 8 - Regulator's powers to take control of operations

• 48 Power to take over operations
• 49 Appointment of operator

Division 8A -

• 49AA Section 49AA

Division 9 - Tasmanian Electricity Code

• 49A Tasmanian Electricity Code
• 49B Review, amendment and replacement of Code
• 49C Availability of Code
• 49D Scrutiny of Code by Parliamentary Standing Committee on Subordinate
Legislation
• 49E Application of Code to persons other than electricity entities

Division 10 - Miscellaneous

• 49F Application of Commonwealth Competition and Consumer Act 2010 and the
Competition Code
• 49G Ownership of electricity infrastructure
• 49H Indemnity for members of committees
• 49I Certain instruments not statutory rules

PART 4 - Land Acquisition and use for Electricity Infrastructure

Division 1 - Surveys and assessments

• 50 Entry on land to conduct surveys or assess its suitability for
electricity infrastructure

Division 2 - Land acquisition

• 51 Acquisition of land

Division 3 - Work on public land

• 52 Power to carry out work on public land
• 53 Disputes about work on public land
• 54 Power to stop or divert traffic

Division 4 - Emergency work

• 55 Emergency work

Division 5 - Interaction with planning laws

• 56 Acquisition and use of land for electrical infrastructure
• 57 Work on electricity infrastructure

PART 5 - Electricity Officers Division 1 - Appointment of

• 58 Appointment of electricity officers
• 59 Conditions of appointment
• 60 Electricity officer's identity card
• 61 Production of identity card

Division 2 - General powers of electricity officers

• 62 Entry to inspect, operate or repair electrical infrastructure
• 63 Entry to read meters, &c.
• 64 Entry to disconnect supply
• 65 Disconnection of supply if entry refused
• 66 Forcible entry

PART 6 - Emergency Restriction of Electricity Use

• 67 Emergency restriction orders
• 68 Order to prevail over inconsistent contractual obligations
• 69 Term and expiry of order
• 70 Exclusion of compensation
• 71 Obligation to comply

PART 7 -

Division 1 -

• 72 Section 72
• 73 Section 73
• 74 Section 74

Division 2 -

• 75 Section 75

Division 3 -

• 76 Section 76

Division 4 -

• 77 Section 77
• 78 Section 78
• 79 Section 79
• 80 Section 80
• 81 Section 81
• 82 Section 82
• 83 Section 83

PART 8 - Enforcement Division 1 - Authorised officers

• 84 Appointment of authorised officers
• 85 Conditions of appointment
• 86 Authorised officer's identity card
• 87 Production of identity card

Division 2 - Power of entry

• 88 Power of entry

Division 3 - General investigative powers

• 89 General investigative powers of authorised officers

Division 4 - Power to disconnect electricity supply

• 90 Disconnection of electricity supply

Division 5 -

• 91 Section 91

Division 6 -

• 92 Section 92

Division 7 -

• 93 Section 93

Division 8 - Power to require information

• 94 Power to require information

PART 9 - Administrative Review and Appeal Division 1 -

• 95 Statement of reasons for decision
• 96 Application for administrative review
• 97 Stay of operation
• 98 Reference of application for mediation
• 99 Powers of Regulator or workplace health and safety Secretary on
review
• 100 Reference of application for review for mediation or advice

Division 2 - Appeals

• 101 Appeal
• 102 Procedure on appeal
• 103 Stay of operation
• 104 Powers of appellate authority on appeal

PART 10 - Miscellaneous Division 1 - Exempting power

• 105 Power of exemption
• 106 Obligation to comply with conditions of exemption

Division 2 - Warrants

• 107 Application and issue of warrant
• 108 Urgent situations

Division 3 - Offences

• 109 Unlawful interference with electricity infrastructure or electrical
installation
• 110 Notice of work that may affect electrical infrastructure
• 111 Unlawful diversion of electricity
• 112 False or misleading information
• 113 Impersonation of officials, &c.
• 114 Obstruction
• 114A Compliance with direction, order, determination and requirement
• 114B Compliance with licence conditions
• 114C Institution of proceedings for offence
• 114D Injunction

Division 4 - Evidentiary provisions and provisions relating to

• 115 Evidence of appointments
• 116 Certificates by Regulator or workplace health and safety Secretary
• 116A Regulator or workplace health and safety Secretary may take court
action on behalf of customer

Division 5 - Damage caused by officers in exercising statutory

• 117 Damage to be notified
• 118 Liability for compensation

Division 6 - Immunity from liability

• 119 Immunity from liability
• 119A Entry into certain agreements is authorised

Division 6A - Charges

• 120 Interpretation
• 121 National energy market charge
• 121AA Costs of transfer of prepayment meter customers recoverable from
distributor
• 121A NEMC not recoverable from 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

Division 7 - Regulations

• 122 Regulations
• 123 Administration of Act
• 124 Transitional provisions on enactment of Economic Regulator
(Consequential Amendments) Act 2009

[ Note: This table has been automatically generated and may be incomplete. ]