Electricity Regulation 1994

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Part 2 Objects of Act

3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Part 3 Dictionary and notes in text

4 Definitions—the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

4A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Part 4 Some basic concepts of electricity industry operations

5 Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

6 Transmission grid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

7 Regional system control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

8 Supply network. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

9 Network control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

10 Network services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

11 Ancillary services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

12 Works, substations and operating works . . . . . . . . . . . . . . . . . . . 32

13 Meaning of electrical equipment. . . . . . . . . . . . . . . . . . . . . . . . . . 33

14 Meaning of electrical installation . . . . . . . . . . . . . . . . . . . . . . . . . 34

15 Meaning of electric line. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

16 Meaning of associated equipment for electric line . . . . . . . . . . . . 35

16A Meaning of meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

17 Voltage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Part 5 Operation of Act

18 Application of Act to government entities . . . . . . . . . . . . . . . . . . . 36

19 Act subject to certain laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2 Electricity Act 1994 Part 6 Exemptions from Act Division 1 On-suppliers Subdivision 1 Preliminary

20 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Subdivision 2 Exemptions

20A Exemptions for on-suppliers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Subdivision 3 On-supply agreements

20B On-supply agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

20C Act prevails over on-supply agreement . . . . . . . . . . . . . . . . . . . . 39 Subdivision 4 Preliminary disclosure requirements about common area charges

20D Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

20E Preliminary consumption estimate . . . . . . . . . . . . . . . . . . . . . . . . 40

20F Required contents for on-supply agreement . . . . . . . . . . . . . . . . 40

20G Consequence of not complying with sdiv 4 . . . . . . . . . . . . . . . . . 40 Subdivision 5 Individual metering

20H Individual metering option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

20I Compensation for installation damage . . . . . . . . . . . . . . . . . . . . . 42

20J Maximum charge for metered supply . . . . . . . . . . . . . . . . . . . . . . 43 Subdivision 6 Disclosure requirements for common area consumption charges

20K Application of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

20L Periodic consumption estimates. . . . . . . . . . . . . . . . . . . . . . . . . . 44

20M Audited statements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

20N Content requirements for audited statement . . . . . . . . . . . . . . . . 44 Subdivision 7 On-suppliers who operate a private network

20O National Electricity Rules exemption required . . . . . . . . . . . . . . . 45 Division 2 Other exemptions

20P Exemption for connection of generating plant not supplying electricity to transmission grid or supply network . . . . . . . . . . . . . 45

20Q Exemptions for Queensland Rail . . . . . . . . . . . . . . . . . . . . . . . . . 46

20R Regulation may exempt person or thing from Act. . . . . . . . . . . . . 47 Chapter 2 The electricity industry Part 1 Electricity industry and entities

21 Electricity industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

22 Electricity entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Part 2 Customers and contestable customers

23 Types of customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 3 Electricity Act 1994

23A Regulations concerning contestability declaration . . . . . . . . . . . . 48

24 Customers authorised to take electricity from transmission grid or supply network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Part 3 Generation entities and their authorities

25 Generation entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

26 Generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

27 Conditions of generation authority . . . . . . . . . . . . . . . . . . . . . . . . 50

28 Additional condition to comply with protocols, standards and codes ........................................ 51 Part 4 Transmission entities and their authorities

29 Transmission entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

30 Transmission authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

31 Conditions of transmission authority . . . . . . . . . . . . . . . . . . . . . . 52

32 Additional condition to allow connection to grid by complying persons .......................................... 53

33 Additional condition not to buy and sell electricity . . . . . . . . . . . . 54

34 Additional conditions about grid operation etc.. . . . . . . . . . . . . . . 54

35 Additional condition to provide network services . . . . . . . . . . . . . 55

36 Additional condition to comply with protocols, standards and codes ........................................ 55

36A Responsibility for regional system control . . . . . . . . . . . . . . . . . . 55 Part 5 Distribution entities and their authorities

37 Distribution entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

38 Distribution authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

39 Distribution area of distribution entity . . . . . . . . . . . . . . . . . . . . . . 56 40 Connection and supply of electricity in distribution area . . . . . . . 56

40AA Supply if no customer connection contract. . . . . . . . . . . . . . . . . . 57

40A Standard customer connection contract . . . . . . . . . . . . . . . . . . . . 58

40B Approval of standard customer connection contract by regulator 59

40BA Amendment of standard customer connection contract . . . . . . . . 59

40C Customer connection contracts outside standard form . . . . . . . . 59

40D Connection and supply on fair and reasonable terms . . . . . . . . . 59

40E Limitation on obligation to connect and supply. . . . . . . . . . . . . . . 60

40F Obligation to connect and supply subject to authority . . . . . . . . . 61

40G Disconnection for failure to pay debts. . . . . . . . . . . . . . . . . . . . . . 61

40H Contracting out of s 40E, 40G(a) or (b) or 97 . . . . . . . . . . . . . . . . 62 41 Connection and supply of electricity outside distribution area . . . 62

42 Conditions of distribution authority . . . . . . . . . . . . . . . . . . . . . . . . 62 4 Electricity Act 1994

43 Additional condition to allow connection to supply network by complying persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

44 Additional condition to provide network services . . . . . . . . . . . . . 64

45 Additional condition to comply with protocols, standards and codes ........................................ 64

45A Responsibility for network control. . . . . . . . . . . . . . . . . . . . . . . . . 65 Part 6 Retail entities and their authorities

46 Retail entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

47 Retail authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

48 Retail area of retail entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

48A Where retail authority does not state a retail area . . . . . . . . . . . . 65

48B Applying for customer retail services . . . . . . . . . . . . . . . . . . . . . . 66 49 Obligation to provide customer retail services to non-contestable customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

49A Sale if no customer sale contract . . . . . . . . . . . . . . . . . . . . . . . . . 67

50 Standard customer sale contract . . . . . . . . . . . . . . . . . . . . . . . . . 68

51 Approval of standard customer sale contract by regulator . . . . . . 69

51AA Charging GST for standard customer sale contracts . . . . . . . . . . 69

51A Amendment of standard customer sale contract . . . . . . . . . . . . . 69

52 Customer sale contracts outside standard form . . . . . . . . . . . . . . 70

52A Regulation may allow contract outside standard form . . . . . . . . . 70

53 Limitations on obligation to sell . . . . . . . . . . . . . . . . . . . . . . . . . . 71

54 Obligation to sell subject to authority . . . . . . . . . . . . . . . . . . . . . . 71

55 Disconnection for failure to pay debts. . . . . . . . . . . . . . . . . . . . . . 71

55A Electricity must be sold on fair and reasonable terms . . . . . . . . . 71

55B Contracting out of s 53, 55, 96 or 97 . . . . . . . . . . . . . . . . . . . . . . 72

55C Sale of electricity outside retail area. . . . . . . . . . . . . . . . . . . . . . . 72

55D Conditions of retail authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 55E Additional condition to comply with protocols, standards and codes ........................................ 73

55F Additional condition to comply with Ambulance Cover Act . . . . . . 73 Part 7 Special approval holders and their approvals

56 Purpose of special approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

57 Special approval holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

58 Special approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

59 Authorisation given by special approval . . . . . . . . . . . . . . . . . . . . 74

60 Conditions of special approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 5 Electricity Act 1994

61 Additional condition to comply with protocols, standards and codes ........................................ 76

61A Additional condition to comply with Ambulance Cover Act . . . . . . 76 Part 8 Regulator Division 1 General provisions about regulator

62 Regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

63 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

64 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Division 2 Funding for dispute resolution and complaint investigation functions

64A Annual levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

64B Membership fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

64C Contribution fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

64D User-pays fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

64E Notice of contribution and user-pays fees and when they must be paid ....................................... 79

64F Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 3 Industry codes

64FA Making of codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

64FB Approval of code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

64FC When approved code has effect . . . . . . . . . . . . . . . . . . . . . . . . . . 81

64FD Access to approved code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

64FE Act prevails over approved code. . . . . . . . . . . . . . . . . . . . . . . . . . 82 Part 8A Energy mediators Division 1 Appointment

64G Appointment of energy mediators. . . . . . . . . . . . . . . . . . . . . . . . . 82

64H Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

64I Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

64J Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

64K Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 2 Functions and powers

64L Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

64M Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Part 8B Energy arbitrators Division 1 Appointment

64N Appointment of panel of energy arbitrators . . . . . . . . . . . . . . . . . 84

64O Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

64P Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 6 Electricity Act 1994

64Q Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

64R Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 2 Functions and powers

64S Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

64T Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Part 9 Electricity officers

65 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

66 Limitation of electricity officer’s powers . . . . . . . . . . . . . . . . . . . . 86

67 Other limitation of electricity officer’s powers . . . . . . . . . . . . . . . . 87

68 Electricity officer’s appointment conditions. . . . . . . . . . . . . . . . . . 87

69 Electricity officer’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . 87

70 Production or display of electricity officer’s identity card . . . . . . . 88 Chapter 4 Electricity industry operations Part 1 Restriction on certain activities by unauthorised persons

87 Connection of generating plant to transmission grid or supply network only if authorised. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

88 Prohibition on operating transmission grid unless authorised . . . 89

88A Prohibition on operating supply network unless authorised . . . . . 89

89 Restriction on sale of electricity . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Part 2 Pricing

89A Minister may decide distribution service pricing for Mount Isa–Cloncurry supply network . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

89B Minister may direct the QCA to decide distribution service pricing for Mount Isa–Cloncurry supply network . . . . . . . . . . . . . 91

90 Deciding retail prices for non-contestable customers. . . . . . . . . . 92 90A Obtaining relevant information for deciding prices or methodology for fixing prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

91 Retail entities charging for GST . . . . . . . . . . . . . . . . . . . . . . . . . . 93 91A Retail entity must comply with notification or direction . . . . . . . . . 94 Part 3 Limitation of liability of electricity entities 97 Limitation of liability of electricity entities and special approval holders that are not Registered participants . . . . . . . . . . . . . . . . 95 97A Limitation of liability for National Electricity (Queensland) Law . . 95 Part 4 Works Division 1 Works generally

98 Electricity entity entitled to access to its works. . . . . . . . . . . . . . . 96

99 Person to give notice of work affecting electricity entity’s works. . 96 7 Electricity Act 1994 Division 2 Works on public places, other than railway land and protected areas

100 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 101 Electricity entity may take action in publicly controlled places to provide electricity etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

102 Works on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 103 Electricity entity to consult with road authority before replacing works ........................................... 98

104 Regulation may declare restricted road . . . . . . . . . . . . . . . . . . . . 98

105 Electricity entity to comply with road authority’s agreement etc. . 99

106 Public entity may require electricity entity to alter position of works ........................................ 99 Division 3 Works on railway land

107 Agreement for works of electricity entities affecting railways . . . . 100

108 Removal of works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

109 Works impairing railway signalling or communication lines . . . . . 100

110 Building by railway operator of signalling or communication line likely to be affected by electricity entity’s works etc. . . . . . . . 101 Division 4 Works on protected areas

111 Building of works on protected areas . . . . . . . . . . . . . . . . . . . . . . 101 Division 5 Other matters about an electricity entity’s works

112 Future owner or occupier of place taken to have consented to building of works. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

112A Clearing native vegetation for operating works on freehold land . 102

113 Works remain property of electricity entity . . . . . . . . . . . . . . . . . . 103

113A Authority to transmit over land . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

113B Authority to supply over land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

114 Compensation payable by electricity entity for damage etc.. . . . . 104 Part 5 Entry onto and acquisition of land Division 1 Entry onto land

115 Authority to enter onto land for proposed works etc. . . . . . . . . . . 104 Division 2 Acquisition of land

116 Authority to acquire land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

116A Authority to create easements over forest land . . . . . . . . . . . . . . 106

116B Easements to include carriage services. . . . . . . . . . . . . . . . . . . . 107 Part 6 Miscellaneous 117 Resolution of certain disputes between electricity entities or between electricity entities and public entities . . . . . . . . . . . . . . . 107 8 Electricity Act 1994 118 Retail entity may recover amount for electricity sold to a person occupying premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

118A Distribution entity may recover amount for connection and supply of electricity to a person . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Chapter 5 Industry regulation Part 1 Regulator 119 Regulator’s role in disputes between electricity entity and customers or occupiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

119A Exclusion of disputes relating to community ambulance cover levy .......................................... 111 120 Regulator’s power to require information from electricity entities . 112 120AA Regulator’s powers concerning audit of compliance with Act etc. 112

120AB Responsibility for cost of audit . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

120AC Independent auditor may require reasonable help or information 114

120AD Audit report and submissions on report . . . . . . . . . . . . . . . . . . . . 114

120AE Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Part 1A Queensland competition authority Division 1 Definitions

120A Definitions for pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115

120B References to person involved in a contravention . . . . . . . . . . . . 115 Division 2 Conduct rules

120C QCA may prepare proposed conduct rules . . . . . . . . . . . . . . . . . 116

120D Public notice of proposed conduct rules. . . . . . . . . . . . . . . . . . . . 117

120E Submissions on proposed conduct rules . . . . . . . . . . . . . . . . . . . 117

120F Changing proposed conduct rules . . . . . . . . . . . . . . . . . . . . . . . . 118

120G Adopting and notifying conduct rules . . . . . . . . . . . . . . . . . . . . . . 118

120GA QCA must advise Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

120GB Tabling of conduct rules in Legislative Assembly . . . . . . . . . . . . . 118

120H Conduct rules must not be contravened. . . . . . . . . . . . . . . . . . . . 118

120I Conduct rules to be open for inspection . . . . . . . . . . . . . . . . . . . . 118

120J Amending conduct rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

120K Public notice of proposed amendment . . . . . . . . . . . . . . . . . . . . . 119

120L Submissions on proposed amendment . . . . . . . . . . . . . . . . . . . . 119

120M Changing proposed amendment . . . . . . . . . . . . . . . . . . . . . . . . . 120

120N Adopting amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

120NA QCA must advise Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

120NB Tabling of amendment of conduct rules in Legislative Assembly . 121 9 Electricity Act 1994 Division 3 Enforcing conduct rules

120O Conduct notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

120P Conduct notice to be given to electricity entity . . . . . . . . . . . . . . . 121

120Q Duration of conduct notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

120R QCA to act promptly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

120S Register of conduct notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

120T Penalty for breach of conduct rules . . . . . . . . . . . . . . . . . . . . . . . 122

120U How order enforced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

120V Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

120W Actions for damages—breach of conduct rules . . . . . . . . . . . . . . 124 120X Other orders—compensation for breach of conduct rules . . . . . . 125

120Y Finding of fact to be evidence in proceedings . . . . . . . . . . . . . . . 126

120Z Conduct by directors, servants or agents . . . . . . . . . . . . . . . . . . . 126

120ZA When QCA must refer a matter to the regulator. . . . . . . . . . . . . . 127

120ZB Action the regulator may take. . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Division 4 Production of documents or information

120ZC Notice to produce documents or information . . . . . . . . . . . . . . . . 128

120ZCA Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Part 1B Disputes referred to energy mediator

120ZD Application of pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

120ZE Notice of referral to parties to dispute . . . . . . . . . . . . . . . . . . . . . 129

120ZF Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

120ZG Presentation of cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

120ZH Parties bear own costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

120ZI Conduct of mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

120ZJ Energy mediator to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . 131

120ZK Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . 131

120ZL Admissions made to energy mediators . . . . . . . . . . . . . . . . . . . . 132

120ZM Mediated agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

120ZN When mediation ends. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

120ZO Energy mediator’s report to regulator . . . . . . . . . . . . . . . . . . . . . . 133 Part 1C Disputes referred to energy arbitrator Division 1 Preliminary

120ZP Application of pt 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

120ZQ Excluded Commercial Arbitration Act 1990 . . . . . . . . . . . . . . . . . 133

120ZR Exclusion of other jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 10 Electricity Act 1994 Division 2 Referring and arbitrating disputes

120ZS Giving notice of referral to parties to dispute . . . . . . . . . . . . . . . . 134

120ZT Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134

120ZU Presentation of cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

120ZV Conduct of arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

120ZW Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . 136

120ZX Power to require information from party to dispute. . . . . . . . . . . . 136 Division 3 Orders and enforcement

120ZY Orders that can be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136

120ZZ No costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

120ZZA Copy of order to be given to parties . . . . . . . . . . . . . . . . . . . . . . . 137

120ZZB Order final. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 120ZZC Party, other than electricity entity, to advise whether order accepted ...................................... 137

120ZZD When order takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

120ZZE Failure to comply with order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

120ZZF How order enforced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138

120ZZG Energy arbitrator’s report to regulator. . . . . . . . . . . . . . . . . . . . . . 138 Part 2 Restrictions and rationing Division 1 Electricity restriction regulations

121 Purpose of electricity restriction regulations. . . . . . . . . . . . . . . . . 139

122 Electricity restriction regulations. . . . . . . . . . . . . . . . . . . . . . . . . . 139 Division 2 Emergency rationing orders

124 Making of emergency rationing orders . . . . . . . . . . . . . . . . . . . . . 140

125 Making of emergency rationing orders other than by gazette notice ........................................ 140

126 What order may provide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

127 Advertisement of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

128 Period of operation of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

129 Emergency rationing order prevails over existing agreements with customers .................................... 141 Division 3 Limitation on restrictions and rationing

129A Limitation for Stanwell Magnesium Plant . . . . . . . . . . . . . . . . . . . 142

129B Expiry of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Part 3 Action by regulator to ensure supply of electricity by electricity entities 130 Governor in Council may authorise regulator to take over operation of relevant operations . . . . . . . . . . . . . . . . . . . . . . . . . . 143 11 Electricity Act 1994

131 Effect of regulator taking over operation of relevant operations . . 144 Part 3A Retailer of last resort

131A Retailer of last resort scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Part 4 Disciplinary action against electricity entities

132 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

133 Types of disciplinary action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

134 Procedure for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . 152

135 Penalty recoverable as debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Chapter 5A 13% gas scheme Part 1 Introduction Division 1 Purposes of chapter

135A Main purposes of ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

135AA How main purposes are achieved . . . . . . . . . . . . . . . . . . . . . . . . 153 Division 2 Definitions for ch 5A

135AB Power stations and their nameplate capacity . . . . . . . . . . . . . . . . 155

135AC Who is the economic operator of a power station . . . . . . . . . . . . 156

135AD What is eligible fuel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156

135AE What is auxiliary load for a power station . . . . . . . . . . . . . . . . . . . 158

135AF What is a major grid and a small grid . . . . . . . . . . . . . . . . . . . . . . 158

135AG What is a substantive traceable link to a major grid . . . . . . . . . . . 159

135AH What is a direct supply arrangement . . . . . . . . . . . . . . . . . . . . . . 159

135AI What is an electricity load. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159

135AJ Who are the baseline customers of a power station. . . . . . . . . . . 160

135AK Other definitions for ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Part 2 Accreditation Division 1 Applying for and obtaining accreditation

135AL Who may apply for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 165

135AM Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165

135AN Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

135AO Provisions for deciding ancillary matters for power station. . . . . . 168

135AP Provisional decision to grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168

135AQ Steps after deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 169

135AR Term of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169

135AS Withdrawal of nomination to be accredited generator . . . . . . . . . 170 Division 2 Accredited generator’s rights

135AT Right to create, mortgage and transfer GEC . . . . . . . . . . . . . . . . 170 12 Electricity Act 1994 Division 3 Standard accreditation conditions

135AU Operation of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171

135AV Obligation to give information when GEC created . . . . . . . . . . . . 171

135AW Obligation to keep documents used for GEC creation . . . . . . . . . 172

135AX Compliance with directions by regulator. . . . . . . . . . . . . . . . . . . . 172

135AY Condition not to improperly create GECs. . . . . . . . . . . . . . . . . . . 172

135AZ Notice to regulator of particular matters . . . . . . . . . . . . . . . . . . . . 172

135B Periodic GEC reviews. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 135BA Obligation to take action because of improper creation of GECs or GEC review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173

135BB Obligation to keep GEC review documents . . . . . . . . . . . . . . . . . 174

135BC Access to power station . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 135BD Obligation to provide information for annual loss factor . . . . . . . . 175

135BE Annual fee and return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

135BF Obligation to keep documents used to make annual return . . . . . 175

135BG Conditions imposed under a regulation . . . . . . . . . . . . . . . . . . . . 175

135BH Amounts payable under chapter or accreditation . . . . . . . . . . . . . 176

135BI Accreditation conditions must not be contravened . . . . . . . . . . . . 176 Division 4 Dealings with accreditation Subdivision 1 Transfers

135BJ Transfer only by application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176

135BK Applying for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176

135BL Deciding transfer application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Subdivision 2 Surrenders

135BM Applying to surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177

135BN Deciding surrender application. . . . . . . . . . . . . . . . . . . . . . . . . . . 177

135BO Effect of surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Division 5 Amendment, cancellation and suspension of accreditation Subdivision 1 Amendment by application

135BP Applying for amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

135BQ Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Subdivision 2 Amendment by regulator without proposed action notice

135BR Amendments for which proposed action notice not required . . . . 179 Subdivision 3 Other amendments, cancellation and suspension

135BS Partial suspension for non-payment of annual fee . . . . . . . . . . . . 179

135BT Regulator’s power to amend, cancel or suspend . . . . . . . . . . . . . 180 13 Electricity Act 1994 135BU Conditions for other amendments and for cancellation or suspension by regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181

135BV Notice of proposed action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182

135BW Considering submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183

135BX Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 135BY Notice and taking of effect of proposed action decision . . . . . . . . 183

135BZ Effect of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184

135C Final return on cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Part 3 Eligible gas-fired electricity Division 1 Working out eligible gas-fired electricity Subdivision 1 Preliminary

135CA Operation of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Subdivision 2 Power stations with nameplate capacity of more than 500kW

135CB Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185

135CC General method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185

135CD Alternate methods for direct supply arrangement . . . . . . . . . . . . 186

135CE Adjustment for general method if a direct method used . . . . . . . . 187 135CF Directions for working out eligible gas-fired electricity . . . . . . . . . 187 Subdivision 3 Power stations with nameplate capacity of 500kW or less

135CG Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

135CH Power to prescribe method. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

135CI Obtaining approval to use method for working out . . . . . . . . . . . . 188

135CJ Methods that otherwise apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Division 2 Eligible electricity guidelines

135CK Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

135CL Publication of guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Division 3 Queensland usage factors

135CM Annual QUFs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

135CN Baseline QUFs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

135CO Transmission zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 135CP Power stations connected to national grid within same transmission zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191

135CQ QUFs may be differential as to time . . . . . . . . . . . . . . . . . . . . . . . 192 Division 4 Loss factors

135CR Annual loss factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192

135CS Baseline loss factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193

135CT Provisions for working out loss factors . . . . . . . . . . . . . . . . . . . . . 193 14 Electricity Act 1994

135CU Publication of loss factors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 Division 5 Baselines for baseline customers Subdivision 1 Introduction

135CV What is a power station’s baseline for a baseline customer . . . . . 194

135CW Purpose of baseline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 Subdivision 2 Baseline for existing baseline customers

135CX Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

135CY General method for working out baseline. . . . . . . . . . . . . . . . . . . 195

135CZ Alternate method for direct supply arrangement . . . . . . . . . . . . . 196

135D Information notice about decision. . . . . . . . . . . . . . . . . . . . . . . . . 197 Subdivision 3 Baseline for other baseline customers

135DA Baseline for other customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Subdivision 4 Changes to baseline

135DB Cessation of supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 135DC Adjustment for customer transfer to another accredited power station ...................................... 198

135DD Adjustment for other customer transfers . . . . . . . . . . . . . . . . . . . 198 Part 4 GECS Division 1 Creation and registration of GECs

135DE Electricity required to create GEC . . . . . . . . . . . . . . . . . . . . . . . . 199 135DF Prohibition on creation if certificate created under corresponding law ............................. 199

135DG Time limitation on creation right . . . . . . . . . . . . . . . . . . . . . . . . . . 199

135DH How a GEC is created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199

135DI When GEC takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200

135DJ Deciding on validity and registration. . . . . . . . . . . . . . . . . . . . . . . 200

135DK Automatic registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

135DL Power to register GEC without prescribed fee . . . . . . . . . . . . . . . 202

135DM Effect of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202

135DN Ownership of GEC on registration . . . . . . . . . . . . . . . . . . . . . . . . 202 Division 2 Improper creation or receipt of GECs

135DO Offence of improper creation of GEC . . . . . . . . . . . . . . . . . . . . . . 203

135DP Defence to proceeding for improper creation of GEC . . . . . . . . . 203

135DQ Direction to accredited generator to surrender GECs . . . . . . . . . 204

135DR Improper receipt of invalidly created GEC . . . . . . . . . . . . . . . . . . 204 Division 3 Term of GECs

135DS Automatic expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 15 Electricity Act 1994

135DT Surrender and cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Division 4 Dealings with GECs Subdivision 1 Transfers

135DU Conditions for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205

135DV Notice and taking effect of transfer . . . . . . . . . . . . . . . . . . . . . . . . 206

135DW Ownership of GEC on transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

135DX Market operating rules and arrangements . . . . . . . . . . . . . . . . . . 207 Subdivision 2 Mortgages

135DY Mortgage of GEC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208

135DZ Notice of intention to exercise powers under mortgage . . . . . . . . 208

135E Consequence of exercising powers under mortgage . . . . . . . . . . 208 Subdivision 3 Surrenders

135EA Surrender only by approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208

135EB Who may apply for surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208

135EC Making surrender application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209

135ED Power to accept application without prescribed fee . . . . . . . . . . . 209

135EE Deciding surrender application. . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Division 5 Amendment, cancellation and suspension of GECs Subdivision 1 Preliminary

135EF Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Subdivision 2 Immediate suspension

135EG Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Subdivision 3 Amendment, cancellation or suspension (other than immediate suspension)

135EH Power to amend, cancel or suspend . . . . . . . . . . . . . . . . . . . . . . 212

135EI Notice of proposed action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212

135EJ Considering submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213

135EK Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 135EL Notice and taking of effect of proposed action decision . . . . . . . . 214 Part 5 13% liability Division 1 Preliminary

135EM Simplified explanation of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 Division 2 The 13% liability Subdivision 1 Imposition of 13% liability in relation to major grids

135EN Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216

135EO Liable person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216

135EP Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 16 Electricity Act 1994

135EQ How and when liability must be met . . . . . . . . . . . . . . . . . . . . . . . 216 Subdivision 2 Imposition of 13% liability in relation to small grids

135ER Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217

135ES Liable person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217

135ET How and when liability must be met . . . . . . . . . . . . . . . . . . . . . . . 217 Subdivision 3 General provisions for 13% liability

135EU GECs that can not be used to meet 13% liability . . . . . . . . . . . . . 218

135EV Liability not subject to condition of GEC ownership . . . . . . . . . . . 218 135EW Obligation to keep documents relating to 13% liability . . . . . . . . . 219 Division 3 Civil penalty for not meeting 13% liability

135EX Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 135EY Imposition of civil penalty for not meeting 13% liability. . . . . . . . . 219

135EZ Exemption to allow for meter data revisions or adjustments . . . . 220

135F Amount of civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220

135FA Shortfall charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

135FB Interest on unpaid civil penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . 222

135FC Recovery of unpaid civil penalty and interest . . . . . . . . . . . . . . . . 222 Division 4 Assessments Subdivision 1 Self-assessment

135FD Self-assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222

135FE Derivative use immunity for self-assessment report. . . . . . . . . . . 223

135FF Obligation to keep documents used to make self-assessment report ......................................... 224 Subdivision 2 Assessments by regulator

135FG Purpose of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224

135FH Default assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224

135FI Reassessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225

135FJ Compromise assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225

135FK Amended assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226

135FL Assessments made on available relevant information . . . . . . . . . 227

135FM Notice of assessment and when it takes effect . . . . . . . . . . . . . . 227

135FN Time for assessment by regulator . . . . . . . . . . . . . . . . . . . . . . . . 227 Subdivision 3 Credits and refunds

135FO Credit to future 13% liability for over surrender . . . . . . . . . . . . . . 227 135FP Regulator to refund overpaid civil penalty and interest . . . . . . . . 228 Subdivision 4 Evidentiary provisions for assessments

135FQ Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 17 Electricity Act 1994 Division 5 Liable persons in relation to major grids Subdivision 1 Liability hierarchy

135FR Operation of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229

135FS Retailer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230

135FT Special approval holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230

135FU Specific circumstance generator . . . . . . . . . . . . . . . . . . . . . . . . . 231

135FV Substantial on-site generator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231

135FW Wholesale purchaser from spot market . . . . . . . . . . . . . . . . . . . . 232 Subdivision 2 Resolving disputes about who is the liable person

135FX Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232

135FY Referral to regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233

135FZ Submissions by other affected parties . . . . . . . . . . . . . . . . . . . . . 233 135G Regulator’s power to require documents or information . . . . . . . . 233

135GA Regulator may require confidentiality to be observed . . . . . . . . . 234

135GB Regulator may require mediation . . . . . . . . . . . . . . . . . . . . . . . . . 234

135GC Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234

135GD Exclusion of other jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

135GE Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

135GF Decision binds parties to the dispute . . . . . . . . . . . . . . . . . . . . . . 235 Division 6 Exempted loads Subdivision 1 Preliminary

135GG Who is an interested person for an electricity load. . . . . . . . . . . . 236

135GH Who obtains the benefit of liable load exemption . . . . . . . . . . . . . 236 Subdivision 2 State development exemption

135GI Application and operation of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . 236

135GJ Making application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237

135GK Notice to other interested persons . . . . . . . . . . . . . . . . . . . . . . . . 238

135GL Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238

135GM Steps after deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 239

135GN Condition for proposed supply . . . . . . . . . . . . . . . . . . . . . . . . . . . 240

135GO Amendment of applicant’s supply schedule . . . . . . . . . . . . . . . . . 240

135GP Condition for continuity of supply . . . . . . . . . . . . . . . . . . . . . . . . . 242

135GQ Reporting condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Subdivision 3 Renewable energy exemption

135GR Operation of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243

135GS Making application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243

135GT Notice to other interested persons . . . . . . . . . . . . . . . . . . . . . . . . 244 18 Electricity Act 1994

135GU Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244

135GV Steps after deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 245

135GW Ineligible fuel allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246

135GX General conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . . . 246

135GY Reporting condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Subdivision 4 Power station auxiliary load exemption

135GZ Operation of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247

135H Making application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247

135HA Notice to other interested persons . . . . . . . . . . . . . . . . . . . . . . . . 247

135HB Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248

135HC Steps after deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 248

135HD General condition of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . 249

135HE Reporting condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 Subdivision 5 General conditions of liable load exemptions

135HF Annual fee and exemption compliance report . . . . . . . . . . . . . . . 249

135HG Obligation to keep documents relating to exemption . . . . . . . . . . 250 Subdivision 6 Amending liable load exemption by application

135HH Applying for amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250

135HI Notice to other interested persons . . . . . . . . . . . . . . . . . . . . . . . . 250

135HJ Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 Subdivision 7 Amendment of liable load exemption by regulator without proposed action notice

135HK Amendments for which proposed action notice not required . . . . 251 Subdivision 8 Other amendments, cancellation and suspension of liable load exemption

135HL Conditions for other amendments, cancellation or suspension . . 252

135HM Notice of proposed action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252

135HN Considering submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253

135HO Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 135HP Notice and taking of effect of proposed action decision . . . . . . . . 254 Subdivision 9 Consequences of particular cancellations

135HQ Liable load exemption obtained because of false or misleading declaration or representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254

135HR Cancellation of State development exemption for contravention of condition for proposed supply. . . . . . . . . . . . . . . . . . . . . . . . . . 254

135HS Consequence of cancellation of State development exemption for contravention of condition for continuity of supply . . . . . . . . . . 255

135HT Consequence of cancellation of other exemptions for contravention of general condition . . . . . . . . . . . . . . . . . . . . . . . . 256 19 Electricity Act 1994 Division 7 Non-liable loads

135HU Emergency stand-by plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256

135HV Immaterial loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 135HW Electricity sold under special remote area arrangement . . . . . . . 257 135HX Electricity sold under retailer of last resort scheme or similar scheme ....................................... 257

135HY Electricity sold under s 49A(3) contract . . . . . . . . . . . . . . . . . . . . 258

135HZ Electricity sold or supplied to Boyne Island Smelter. . . . . . . . . . . 258 Part 6 Scheme participants

135I Applying for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258

135IA Right to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259

135IB Term of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259

135IC Annual fee for particular scheme participants . . . . . . . . . . . . . . . 259

135ID Partial suspension for non-payment of annual fee . . . . . . . . . . . . 260

135IE Surrender of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 Part 7 Monitoring Division 1 Approved auditors

135IF Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 261

135IG Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 261

135IH Applying for and obtaining appointment as an approved auditor . 262

135II Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263

135IJ Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 263

135IK When approved auditor ceases to hold office . . . . . . . . . . . . . . . 263

135IL Revocation of approved auditor’s appointment. . . . . . . . . . . . . . . 264

135IM Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265

135IN Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 Division 2 Required audits

135IO Who is an auditable person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266

135IP Regulator may require audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266

135IQ Required contents for audit notice . . . . . . . . . . . . . . . . . . . . . . . . 266

135IR Failure to comply with audit notice . . . . . . . . . . . . . . . . . . . . . . . . 267

135IS Costs of complying with audit notice . . . . . . . . . . . . . . . . . . . . . . 267 Division 3 Audits by regulator

135IT Regulator may carry out audit . . . . . . . . . . . . . . . . . . . . . . . . . . . 267

135IU Regulator’s costs of audit or report . . . . . . . . . . . . . . . . . . . . . . . 268 Division 4 General provisions for audits

135IV Who may carry out audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 20 Electricity Act 1994

135IW False or misleading statement in audit report . . . . . . . . . . . . . . . 269 Part 8 Miscellaneous provisions Division 1 Additional provisions for applications

135IX Meaning of application and applicant for div 1 . . . . . . . . . . . . . . . 269

135IY Substantial compliance with application requirements may be accepted ..................................... 269

135IZ Additional information or inspection may be required. . . . . . . . . . 270

135J Regulator’s costs of inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . 270 Division 2 Measurement of electricity

135JA Regulator’s power to decide measurement method . . . . . . . . . . . 271

135JB Procedure for deciding measurement method . . . . . . . . . . . . . . . 272

135JC Decided method must be applied . . . . . . . . . . . . . . . . . . . . . . . . . 272

135JD Obligation to notify regulator of change in circumstances for decided measurement method. . . . . . . . . . . . . . . . . . . . . . . . . . . 273 Division 3 Registers

135JE Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 135JF Required information for accredited generator register . . . . . . . . 274

135JG Required information for GEC register . . . . . . . . . . . . . . . . . . . . . 274

135JH Required information for scheme participant register. . . . . . . . . . 275 135JI Required information for liable load exemption register . . . . . . . . 275

135JJ General provisions for register keeping . . . . . . . . . . . . . . . . . . . . 276

135JK Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 Division 4 General offences for ch 5A

135JL Who is an official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277

135JM Confidentiality of particular information . . . . . . . . . . . . . . . . . . . . 277

135JN False or misleading statement . . . . . . . . . . . . . . . . . . . . . . . . . . . 278

135JO False or misleading document . . . . . . . . . . . . . . . . . . . . . . . . . . . 278

135JP Obstructing approved auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278

135JQ Impersonating approved auditor. . . . . . . . . . . . . . . . . . . . . . . . . . 279

135JR Notice of change from small grid to major grid. . . . . . . . . . . . . . . 279 Division 5 Other miscellaneous provisions 135JS Additional information about reports and other matters . . . . . . . . 279

135JT General evidentiary aids for ch 5A . . . . . . . . . . . . . . . . . . . . . . . . 280

135JU Obligation of State to indemnify particular information-givers . . . 281

135JV Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 Part 9 Expiry of chapter

135JW Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 21 Electricity Act 1994

135JX Saving of operation of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 Chapter 6 Electricity officers’ powers Part 1 Operational powers

136 Entry to repair etc. works or electrical installations . . . . . . . . . . . 282

137 Entry to read meters etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282

138 Disconnection of supply if entry refused. . . . . . . . . . . . . . . . . . . . 283

139 Entry to disconnect supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284

140 Entry to place to protect electricity entity’s works . . . . . . . . . . . . . 284

140A Entry to place to carry out remedial work. . . . . . . . . . . . . . . . . . . 284

140B Entry to place to carry out urgent remedial work . . . . . . . . . . . . . 285 Part 2 Powers to prevent fire or electrical shock

141 Entry to make works or electrical installations safe . . . . . . . . . . . 286 Part 3 Other provisions about exercise of electricity officer’s powers

141A Duty to avoid damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287

141B Associated powers on entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287

142 Electricity officer to give notice of damage . . . . . . . . . . . . . . . . . . 287

143 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 Chapter 7 Enforcement of restrictions and rationing Part 1 Preliminary

145 Definition for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 Part 2 Inspection officers

146 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 289

147 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 290

148 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290

149 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 290

150 When inspection officer ceases to hold office . . . . . . . . . . . . . . . 291

151 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291

152 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 Part 2A Powers of inspection officers Division 1 Entry of places

152A Power to enter place. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 Division 2 Procedure for entry

152B Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293

152C Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294

152D Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294

152E Special warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 22 Electricity Act 1994

152F Warrant—procedure before entry. . . . . . . . . . . . . . . . . . . . . . . . . 296 Division 3 General powers of inspection officers

152G General powers after entering place . . . . . . . . . . . . . . . . . . . . . . 297

152H Power to seize evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298

152I Powers supporting seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299

152J Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300

152K Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300

152L Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301

152M Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 Part 3 Restriction regulations and rationing orders

153 Entry to places to investigate compliance with emergency rationing orders ................................... 302

154 Disconnection for contravening regulation or order . . . . . . . . . . . 302 Part 4 Other matters

164 Notice of damage by authorised persons. . . . . . . . . . . . . . . . . . . 303

165 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 Chapter 8 Technical issues

166 Connection to transmission grid or supply network to comply with conditions for connection . . . . . . . . . . . . . . . . . . . . . . . . . . . 304

176 Removing anything built contrary to Act . . . . . . . . . . . . . . . . . . . . 304 Chapter 9 Authorities and approvals Part 1 Generation authorities Division 1 Issue of generation authority

178 Issue of generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 304

179 Application for generation authority . . . . . . . . . . . . . . . . . . . . . . . 305

179A Publication about application for generation authority . . . . . . . . . 305

180 Consideration of application for generation authority . . . . . . . . . . 306

181 Notice of refusal to issue generation authority . . . . . . . . . . . . . . . 307 Division 2 Amendment of generation authority

182 Amendment of generation authorities . . . . . . . . . . . . . . . . . . . . . 308

183 Amendment of conditions stated in generation authorities. . . . . . 308

183A Amendment of generation authorities and conditions by notice to generation entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 Division 3 Transfer of authority

184 Transfer of generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . 309

184A Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309

184B Consideration of application for transfer . . . . . . . . . . . . . . . . . . . . 309

184C Notice of refusal to transfer generation authority . . . . . . . . . . . . . 310 23 Electricity Act 1994 Division 4 Surrender of generation authority

185 Surrender of generation authorities . . . . . . . . . . . . . . . . . . . . . . . 310 Part 2 Transmission authorities Division 1 Issue of transmission authority

186 Issue of transmission authorities . . . . . . . . . . . . . . . . . . . . . . . . . 310

187 Transmission authorities for same area . . . . . . . . . . . . . . . . . . . . 311

188 Application for transmission authority. . . . . . . . . . . . . . . . . . . . . . 311 188A Publication about application for transmission authority. . . . . . . . 311

189 Consideration of application for authority . . . . . . . . . . . . . . . . . . . 312

190 Notice of refusal to issue transmission authority . . . . . . . . . . . . . 313 Division 2 Amendment of transmission authority

191 Amendment of transmission authorities . . . . . . . . . . . . . . . . . . . . 314

192 Amendment of conditions stated in transmission authorities . . . . 314

192A Amendment of transmission authorities and conditions by notice to transmission entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 Division 3 Transfer of authority

193 Transfer of transmission authorities . . . . . . . . . . . . . . . . . . . . . . . 315

193A Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315

193B Consideration of application for transfer . . . . . . . . . . . . . . . . . . . . 315

193C Notice of refusal to transfer transmission authority . . . . . . . . . . . 316 Division 4 Surrender of transmission authority

194 Surrender of transmission authorities. . . . . . . . . . . . . . . . . . . . . . 316 Part 3 Distribution authorities Division 1 Issue of distribution authority

195 Issue of distribution authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . 316

195A Distribution authorities for same distribution area . . . . . . . . . . . . 317

196 Application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317 196A Publication about application for distribution authority . . . . . . . . . 317

197 Consideration of application for authority . . . . . . . . . . . . . . . . . . . 317

198 Notice of refusal to issue authority . . . . . . . . . . . . . . . . . . . . . . . . 319 Division 2 Amendment of distribution authority

199 Amendment of distribution authorities . . . . . . . . . . . . . . . . . . . . . 319

200 Amendment of conditions stated in distribution authorities . . . . . 319

200A Amendment of distribution authorities and conditions by notice to distribution entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 Division 3 Transfer of authority

201 Transfer of distribution authorities. . . . . . . . . . . . . . . . . . . . . . . . . 320 24 Electricity Act 1994

201A Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320

201C Notice of refusal to transfer distribution authority . . . . . . . . . . . . . 321 Division 4 Surrender of distribution authority

202 Surrender of distribution authorities . . . . . . . . . . . . . . . . . . . . . . . 321 Part 4 Retail authorities Division 1 Issue of retail authority

203 Issue of retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322

204 Application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322

204A Publication about application for retail authority . . . . . . . . . . . . . . 322

205 Consideration of application for authority . . . . . . . . . . . . . . . . . . . 323

206 Notice of refusal to issue authority . . . . . . . . . . . . . . . . . . . . . . . . 324 Division 2 Amendment of retail authority

207 Amendment of retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . 324

207A Amendment of conditions stated in retail authorities . . . . . . . . . . 324

207AB Amendment of retail authorities and conditions by notice to retail entity ....................................... 325 Division 3 Other matters about retail authorities

207B Retail authorities not transferable. . . . . . . . . . . . . . . . . . . . . . . . . 325

207C Surrender of retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325

207D Recognition of interstate retail authority equivalents . . . . . . . . . . 325 Part 5 Special approvals Division 1 Giving of special approval

208 Giving of special approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326

209 Application for special approval . . . . . . . . . . . . . . . . . . . . . . . . . . 326

210 Consideration of application for special approval . . . . . . . . . . . . . 327

211 Notice of refusal to give special approval . . . . . . . . . . . . . . . . . . . 327 Division 2 Amendment of special approval

211A Amendment of special approval . . . . . . . . . . . . . . . . . . . . . . . . . . 327

211B Amendment of conditions stated in special approval . . . . . . . . . . 328

211C Amendment of special approval and conditions by notice to holder of special approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 Division 3 Transfer of special approval

212 Transfer of special approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328

212A Application for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328

212B Consideration of application for transfer . . . . . . . . . . . . . . . . . . . . 329

212C Notice of refusal to transfer special approval . . . . . . . . . . . . . . . . 329 25 Electricity Act 1994 Division 4 Surrender of special approval

213 Surrender of special approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . 329 Chapter 10 Review of and appeals against decisions Part 1 Review of decisions

214 Who may apply for review etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 330

215 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330

216 Stay of operation of decision etc. . . . . . . . . . . . . . . . . . . . . . . . . . 330

217 Review panels, arbitration and mediation. . . . . . . . . . . . . . . . . . . 331

218 Decision on reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332 Part 2 Appeals

219 Who may make an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332

220 Making appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333

221 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333

222 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 333

223 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334

224 Effect of court’s decision on appeal . . . . . . . . . . . . . . . . . . . . . . . 334

225 Procedure of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334

226 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 Chapter 11 General Part 1 Offences

227 Unlawful to convey electricity etc. beyond own property . . . . . . . 335

228 Unlawfully in or on premises where works situated . . . . . . . . . . . 336

229 Potential damage to electric lines by projectiles. . . . . . . . . . . . . . 336

230 Unlawful interference with electricity entity’s works . . . . . . . . . . . 336

231 Unlawful connection to transmission grid or supply network . . . . 336

232 Unlawful interference with supply of electricity to customer . . . . . 337

233 Offence to contravene emergency rationing order . . . . . . . . . . . . 337

235 Unlawful taking of electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 236 Obstruction of electricity officers and inspection officers . . . . . . . 338

237 Impersonation of electricity officers and inspection officers . . . . . 338

238 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 338

239 False, misleading or incomplete documents . . . . . . . . . . . . . . . . 338

240 Impersonation of person named in document . . . . . . . . . . . . . . . 339

240A Executive officers must ensure corporation complies with Act. . . 339

241 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340

242 Proof of unlawfulness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340

243 Offences are summary offences. . . . . . . . . . . . . . . . . . . . . . . . . . 340 26 Electricity Act 1994

244 Start of offence proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340 Part 2 Evidentiary provisions

245 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341

246 Proof of appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341

247 Proof of signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341

248 Evidentiary certificates by regulator . . . . . . . . . . . . . . . . . . . . . . . 342

249 Evidentiary certificate by electricity entity’s chief executive officer etc. ........................................ 342

251 Proof of taking of electricity etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 343

251A Evidentiary effect of conduct notice . . . . . . . . . . . . . . . . . . . . . . . 343 Part 3 Miscellaneous

252 Condition may require compliance with standards, codes etc.. . . 344

253 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344

254 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345 254AA Protection from liability of member or employee of QCA . . . . . . . 346 254AB Meaning of particular terms for a relevant body corporate. . . . . . 346

254A Attachment—words defined in other legislation referred to in this Act ....................................... 346 Chapter 12 State electricity entities Part 1 General

255 State electricity entities do not represent the State . . . . . . . . . . . 347

256 Application of Freedom of Information Act and Judicial Review Act .......................................... 347

259A Regulation may declare a State electricity entity . . . . . . . . . . . . . 348 Part 2 Superannuation 260 State electricity entities to take part in regulated superannuation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348

262 Membership of certain superannuation schemes continued . . . . 348 Chapter 13 Regulations

263 General regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . 349

264 Regulation about matters in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . 349

266 Energy labelling and performance standards . . . . . . . . . . . . . . . . 350 Chapter 14 Transitional and validation provisions Part 1 Provisions for original Act (1994 No. 64)

269 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351

276 Transfer of officers to the department. . . . . . . . . . . . . . . . . . . . . . 351

280 First declaration of approved superannuation scheme. . . . . . . . . 351

285A Electricity Act 1976 references . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 27 Electricity Act 1994 286 References to electricity boards, electricity authorities and electricity supply industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352

287 Gladstone power station provisions . . . . . . . . . . . . . . . . . . . . . . . 353

287A Gladstone power station arrangements . . . . . . . . . . . . . . . . . . . . 354

288 Supply under special agreements under s 172 of repealed Act . . 355 Part 2 Transitional provisions for Electricity Amendment Act 1997, Electricity Amendment Act (No. 2) 1997 and Electricity Amendment Act (No. 3) 1997

299 Directions to State electricity entities . . . . . . . . . . . . . . . . . . . . . . 355 302C National Electricity Rules replace Queensland Grid Code . . . . . . 356 Part 3 Transitional provisions for Electricity Amendment Act 2000

303 Continuation of existing regional electricity councils . . . . . . . . . . 356 Part 4 Transitional provision for Integrated Planning and Other Legislation Amendment Act 2001

304 Application of Acts Interpretation Act, s 20. . . . . . . . . . . . . . . . . . 357 Part 5 Transitional provisions for Electricity And Other Legislation Amendment Act 2003

305 Existing on-supply agreements . . . . . . . . . . . . . . . . . . . . . . . . . . 358

306 Particular existing agreements about common area consumption 358

307 Existing exemptions from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 Part 6 Validation provision 308 Validation of particular acts by relevant bodies corporate . . . . . . 359 Part 7 Transitional provisions for Electricity Amendment Act 2004

309 Existing electricity supply contracts . . . . . . . . . . . . . . . . . . . . . . . 359 Schedule 1 Appeals against administrative decisions . . . . . . . . . . . . . . . 362 Schedule 2 Subject matter for regulations . . . . . . . . . . . . . . . . . . . . . . . . . 367

1 Conditions of supply and sale . . . . . . . . . . . . . . . . . . . . . . . . . . . 367

2 Requirements and standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367

3 Generation, transmission and supply . . . . . . . . . . . . . . . . . . . . . . 368

3A Conditions of authorities and approvals . . . . . . . . . . . . . . . . . . . . 368

3B Prescribed things and prohibited interests . . . . . . . . . . . . . . . . . . 369

4 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371 Schedule 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372 Attachment Extracts from other legislation referred to in the Act . . . . . . 384 Endnotes

1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387

2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 387 28 Electricity Act 1994 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389

6 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393 8 List of forms notified or published in gazette . . . . . . . . . . . . . . . . . . . 434

9 Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434 s1 29 s3 Electricity Act 1994 Electricity Act 1994 [as amended by all amendments that commenced on or before 1 April 2006] An Act about the electricity industry and use of electricity, and for related purposes Chapter 1 Preliminary Part 1 Introductory provisions

1 Short title This Act may be cited as the Electricity Act 1994. Part 2 Objects of Act

3 Objects of Act The objects of this Act are to— (a) set a framework for all electricity industry participants that promotes efficient, economical and environmentally sound electricity supply and use; and (b) regulate the electricity industry and electricity use; and (c) establish a competitive electricity market in line with the national electricity industry reform process; and (d) ensure that the interests of customers are protected; and (e) take into account national competition policy requirements. s4 30 s7 Electricity Act 1994 Part 3 Dictionary and notes in text

4 Definitions—the dictionary The dictionary in schedule 5 defines particular words used in this Act.

4A Notes in text A note in the text of this Act is part of the Act. Part 4 Some basic concepts of electricity industry operations

5 Electricity Electricity includes electric current, electrical energy and like or related physical qualities.

6 Transmission grid (1) A transmission grid is a system, or part of a system, of electric lines, substations and associated equipment providing connection between generation facilities and supply networks or customers not supplied through supply networks. (2) A transmission grid includes connections to other transmission grids.

7 Regional system control For the Queensland system, regional system control is— (a) maintaining the operation and performance of the transmission grid; and (b) controlling switching of transmission elements and access to them for maintenance, inspection and testing; and s8 31 s 10 Electricity Act 1994 (c) controlling switching of parts of the supply network relevant to the integrity of the Queensland system; and (d) carrying out other functions prescribed by regulation.

8 Supply network A supply network is a system, or part of a system, of electric lines, substations and associated equipment, other than a transmission grid, for distributing electricity to customers, whether or not generating plant is connected to it.

9 Network control For a supply network, network control is— (a) coordinating the operation of the supply network and any generators connected to it; or (b) coordinating maintenance programs and schedules for generating plant and elements of the supply network; or (c) ensuring the integrity of the supply network; or (d) controlling switching of elements of the supply network and access to them, including disconnection of load, for maintenance, inspection and testing; or (e) issuing directions for, and implementing reductions in, demand of customers supplied by the supply network in emergencies when available electricity is limited; or (f) scheduling and controlling the switching of controllable load.

10 Network services Network services are services for electricity transfer provided by transmission entities and distribution entities to persons connected to a transmission grid or supply network. Examples of network services— 1 providing electricity transfer capacity 2 controlling and regulating the characteristics of electricity being transferred s 11 32 s 12 Electricity Act 1994 3 providing facilities to connect works of generation entities, transmission entities, distribution entities, or electrical installations of customers, to a transmission grid or supply network

11 Ancillary services Ancillary services are services provided by electricity entities or customers through the operation of their works or installations in ways that are not directly related to the generation and supply of electricity, but are to ensure the stable and secure operation of an electricity system, and its recovery from emergency situations. Examples of ancillary services— 1 providing reserve to the system, including through interruptibility of load 2 operating generating and other plant to ensure the stable and secure operation of the system 3 maintaining an ability to restore supply to the system after total failure of supply

12 Works, substations and operating works (1) Works are anything used for, or in association with, the generation, transmission or supply of electricity. Example of works— electric lines and associated equipment, apparatus, electrical equipment, buildings, control cables, engines, fittings, lamps, machinery, meters, substations and transformers if they are used for, or in association with, the generation, transmission or supply of, electricity (2) A substation is works used for converting, transforming or controlling electricity. (3) Operating works are— (a) for a generation entity—the generating plant, fuel stocks, electrical and other property used for generating electricity or connecting supply to a transmission grid or supply network; or (b) for a transmission entity—the transmission grid and other property used for operating or managing the transmission grid; or s 13 33 s 13 Electricity Act 1994 (c) for a distribution entity—the supply network and other property used for operating or managing the supply network. Example of other property used for generating electricity— coal handling facilities for a coal-fired power station and the land where they are situated

13 Meaning of electrical equipment (1) Electrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire— (a) used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage; or (b) operated by electricity at a voltage greater than extra low voltage; or (c) that is, or that forms part of, a cathodic protection system. (2) However, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire forming part of a vehicle if— (a) it forms part of a unit of the vehicle that provides propulsion for the vehicle; or (b) its source of electricity is a unit of the vehicle that provides propulsion for the vehicle. Examples of things that, under subsection (2), are not electrical equipment— • the headlights of a vehicle • ignition spark plugs of a motor vehicle • the interior lighting system of a vehicle, if powered from a battery charged by the engine that drives the vehicle or by the vehicle’s movement Examples of things that are not prevented by subsection (2) from being electrical equipment— • interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated by a low voltage generating set or connected to low voltage supply s 14 34 s 14 Electricity Act 1994 • a refrigeration unit in a food delivery vehicle operating at low voltage from a source separate from the propulsion unit for the vehicle

14 Meaning of electrical installation (1) An electrical installation is a group of items of electrical equipment. (2) However, a group of items of electrical equipment is an electrical installation only if— (a) all the items are permanently electrically connected together; and (b) the items do not include items that are works; and (c) electricity can be supplied to the group from works or from a generating source. (3) An item of electrical equipment can be part of more than 1 electrical installation. (4) For subsection (2)(a)— (a) an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and (b) connection achieved through using works must not be taken into consideration for deciding whether items of electrical equipment are electrically connected. Examples of an electrical installation under this section— • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shop in a shopping centre • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a house or residential unit • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shopping centre. The electrical installation for the shopping centre generally includes the electrical installations for the individual shops • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a residential unit complex. The electrical installation for the residential unit complex generally includes the electrical installations for the individual residential units s 15 35 s 16A Electricity Act 1994 • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected within a caravan

15 Meaning of electric line (1) An electric line is a wire or conductor or associated equipment used for transmitting, transforming, or supplying electricity at a voltage greater than extra low voltage. (2) However, an electric line does not include— (a) a wire or conductor directly used in converting electricity into another form of energy; or (b) a wire or conductor within the internal structure of a building. Examples of things that are not electric lines— • a cord for connecting an air conditioning unit, computer, lamp, television or toaster to a supply of electricity • a power or lighting circuit within a building

16 Meaning of associated equipment for electric line Associated equipment, for an electric line, means something ordinarily found in association with the electric line, especially for the purpose of protecting, insulating or supporting, or supporting the operation of, the electric line. Examples of associated equipment— • a bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower or tube enclosing, surrounding or supporting a wire or conductor • an air break, circuit breaker, switch, transformer or other apparatus connected to a wire or conductor

16A Meaning of meter A meter is a device, including any associated equipment, used for measuring electricity. s 17 36 s 18 Electricity Act 1994

17 Voltage (1) Voltage is the difference in electrical potential measured in volts. (2) For alternating current systems, voltage is taken to be the root mean square (RMS) value of the difference. (3) Unless otherwise provided, voltage is the nominal voltage between phases of a symmetrical 3 phase system. (4) For electricity supplied from a single wire earth return system originating from a symmetrical 3 phase system, voltage is the nominal voltage between phase and earth. Part 5 Operation of Act

18 Application of Act to government entities (1) In this section— government entity includes— (a) the State, the Commonwealth or another State; or (b) an instrumentality or agent of the State, the Commonwealth or another State. (2) This Act binds a government entity only— (a) to the extent that the entity is, or has a financial interest in, an electricity entity; or (b) to the extent that the entity is a customer; or (c) in relation to electricity restriction and rationing; or (d) in relation to sections 287 and 287A.1

1 Section 287 (Gladstone power station provisions) and 287A (Gladstone power station arrangements) s 19 37 s 20 Electricity Act 1994

19 Act subject to certain laws (1) This Act is subject to the Gladstone Power Station Agreement Act 1993. (2) This Act is also subject to the Wet Tropics World Heritage Protection and Management Act 1993, section 56.2 Part 6 Exemptions from Act Division 1 On-suppliers Subdivision 1 Preliminary

20 Definitions for div 1 In this division— accounting period, for an on-supply agreement, means a period of 1 year beginning on a day fixed by the on-supplier. common area, of an on-supplier’s premises, means a part of the premises that the on-supplier and each lessee or other person the on-supplier has given a right to use the premises have agreed is a common area of the premises. Examples of a part of an on-supplier’s premises that may be a common area— • community, entertainment, information and leisure facilities in a caravan park • elevators, escalators and stairways • fountains and gardens • malls and walkways • parking areas • rest rooms and toilets

2 This section prohibits certain acts (for example, destruction of forest products) without an appropriate authority. s 20A 38 s 20A Electricity Act 1994 common area consumption, for an on-supplier’s premises, means the whole or part of the electricity consumed in a common area of the on-supplier’s premises. first accounting period, for an on-supply agreement, means the accounting period in which the agreement is made, or proposed to be made. on-supplier means a person who— (a) is the owner or occupier of premises or has the right to use premises; and (b) supplies, or supplies and sells, electricity for use in the premises. Examples of persons under paragraph (a)— • an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre • a relevant body corporate on-supplier’s premises, for a person who is an on-supplier, means the premises for which the person is an on-supplier. on-supply agreement means an agreement made under section 20B. receiver means a person who owns, occupies or has the right to use premises and to whom electricity is supplied, or supplied and sold, by an on-supplier for the premises. Subdivision 2 Exemptions

20A Exemptions for on-suppliers If an on-supplier complies with subdivisions 3 to 7, the on-supplier is exempted from sections 88A and 89.3

3 Sections 88A (Prohibition on operating supply network unless authorised) and 89 (Restriction on sale of electricity) s 20B 39 s 20D Electricity Act 1994 Subdivision 3 On-supply agreements

20B On-supply agreement (1) An on-supplier and a receiver may agree about how— (a) the on-supplier is to supply electricity to the receiver; or (b) the on-supplier may charge the receiver for common area consumption for the on-supplier’s premises. (2) The agreement may state a charge or no charge for the supply or common area consumption. (3) The agreement may be— (a) written or oral; or (b) made in any way permitted by law; or (c) incorporated in a lease or other agreement between the on-supplier and the receiver.

20C Act prevails over on-supply agreement If there is an inconsistency between an on-supply agreement and this Act, this Act prevails to the extent of the inconsistency. Subdivision 4 Preliminary disclosure requirements about common area charges

20D Application of sdiv 4 This subdivision applies if— (a) a person (the prospective on-supplier) proposes to enter into an on-supply agreement as an on-supplier; and (b) under the agreement, the on-supplier will charge another person (the prospective receiver) for common area consumption for the on-supplier’s premises. s 20E 40 s 20G Electricity Act 1994

20E Preliminary consumption estimate (1) The prospective on-supplier must, within a reasonable period before making the on-supply agreement, give the prospective receiver— (a) written notice of the accounting period that is to apply to the on-supply agreement; and (b) an estimate of the common area consumption for the first accounting period for the agreement. (2) In deciding what is a reasonable period for subsection (1), regard must be had to whether the period is enough to allow the prospective receiver to estimate his or her liability for the common area consumption for the first accounting period for the agreement.

20F Required contents for on-supply agreement (1) The prospective on-supplier must not enter into the on-supply agreement unless it provides for— (a) how the common area consumption is to be worked out; and (b) if the receiver is only required to pay part of the common area consumption—how that part is to be worked out. (2) Subject to section 20G, failure to comply with subsection (1) does not invalidate the agreement.

20G Consequence of not complying with sdiv 4 (1) This section applies if the prospective on-supplier— (a) does not comply with section 20E(1) before entering into the on-supply agreement; or (b) enters into an on-supply agreement in contravention of section 20F. (2) The receiver under the agreement may, by written notice to the on-supplier, terminate any liability that the receiver would, other than for this section, have had for common area consumption to which the agreement applies. s 20H 41 s 20H Electricity Act 1994 (3) However, the notice may be given only within 2 months after the agreement is made. (4) A termination under this section ends any liability for common area consumption accrued or incurred under the agreement or otherwise at any time before or after the termination. (5) To remove any doubt, it is declared that a termination under this section does not, of itself, affect any other liability of the receiver to the on-supplier under the agreement or another agreement. (6) This section does not limit section 20A. Subdivision 5 Individual metering

20H Individual metering option (1) This section applies if an on-supply agreement for the supply and sale of electricity between an on-supplier and a receiver is in force. (2) The receiver may, at any time— (a) elect, by written notice to the on-supplier, to be charged on the basis of the receiver’s consumption of electricity supplied from the on-supplier, as measured by a meter; and (b) install the meter, at the receiver’s expense. (3) However, the election has effect only if the installation is done in a way— (a) that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or (b) if no written directions are given within the 5 business days—that is reasonable. (4) In deciding what is reasonable for subsection (3), regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises. s 20I 42 s 20I Electricity Act 1994

20I Compensation for installation damage (1) This section applies if— (a) a receiver has, under section 20H, given an on-supplier a written notice of election; and (b) the receiver installs a meter for electricity supplied from the on-supplier to the receiver; and (c) either— (i) no written direction was given by the on-supplier under section 20H; or (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or (iii) the installation was not done in a way that is reasonable; and (d) a person as follows (the claimant) suffers damage to property because of the installation— (i) the on-supplier; (ii) anyone who is an occupier of the on-supplier’s premises. (2) Compensation for the damage is payable by the receiver to the claimant. (3) The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction. (4) A court may order payment of the compensation only if it is just to make the order in the circumstances of the particular case. (5) In making the order the court must have regard to— (a) whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and (b) if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage. (6) This section does not limit a civil right or remedy that exists apart from this section, whether at common law or otherwise. s 20J 43 s 20K Electricity Act 1994

20J Maximum charge for metered supply (1) This section applies if electricity supplied and sold by an on-supplier to a receiver is charged on the basis of the receiver’s electricity consumption as measured by a meter. (2) However, this section does not apply to electricity that is common area consumption for the on-supplier’s premises. (3) If there is a relevant retail entity for the supply, the rate of the charge must not be more than the lowest rate that the receiver would have paid for the consumption had the receiver been a non-contestable customer of the entity. (4) If there is no relevant retail entity for the supply, the rate of charge must not be more than the lowest rate that the receiver would have paid for the consumption had the receiver been a non-contestable customer of the retail entity that sells electricity to the on-supplier. (5) In working out the lowest rate for subsections (3) and (4), any cost of connecting the receiver’s premises to a supply network to allow the supply of electricity from the network to the premises must be disregarded. (6) The on-supplier can not recover an amount for the consumption to the extent the amount has been worked out at a rate that is more than the lowest rate allowed under subsection (3) or (4). (7) In this section— relevant retail entity, for the supply, means a retail entity whose retail authority states an area in which the receiver’s premises are located. Subdivision 6 Disclosure requirements for common area consumption charges

20K Application of sdiv 6 This subdivision applies if, under an on-supply agreement, the on-supplier may charge for common area consumption. s 20L 44 s 20N Electricity Act 1994

20L Periodic consumption estimates (1) The on-supplier must, for each accounting period after the first accounting period for the agreement, give the receiver an estimate of the common area consumption for the on-supplier’s premises during the accounting period. (2) An estimate for an accounting period must be given at least 1 month before the accounting period begins.

20M Audited statements (1) The on-supplier must, for each accounting period, give the receiver audited statements of the common area consumption. (2) A statement for an accounting period must— (a) comply with section 20N; and (b) be given within 3 months after the accounting period ends.

20N Content requirements for audited statement Each audited statement under section 20M must— (a) comply with the standards in the statements of accounting and auditing standards made by CPA Australia and the Institute of Chartered Accountants in Australia; and (b) be prepared by a person (the auditor) who is— (i) registered, or taken to be registered, as an auditor under the Corporations Act; or (ii) a member of, and holds a practising certificate from CPA Australia, The Institute of Chartered Accountants in Australia or the National Institute of Accountants; and (c) contain the auditor’s opinion about whether the statement presents fairly the on-supplier’s charges for the common area consumption during the period to which it relates, in accordance with the on-supplier’s financial records; and s 20O 45 s 20P Electricity Act 1994 (d) compare each relevant estimate given under this division with the amount actually spent by the on-supplier on the common area consumption during the period; and (e) compare the total amount actually spent by the on-supplier on common area consumption during the period with the amount actually paid for the period by anyone for the on-supplier’s premises. Subdivision 7 On-suppliers who operate a private network

20O National Electricity Rules exemption required An on-supplier must be exempt from the requirement under the National Electricity Rules, clause 2.5,4 to be registered as a network service provider if the on-supplier— (a) operates a supply network located solely within the on-supplier’s premises; and (b) supplies, or supplies and sells, electricity using the network. Division 2 Other exemptions

20P Exemption for connection of generating plant not supplying electricity to transmission grid or supply network Section 875 does not apply to the connection of a stand-by generating plant to a transmission grid or supply network if— (a) the connection is only when the operation of the plant is tested; and (b) electricity is not supplied by the plant into the grid or network.

4 National Electricity Rules, clause 2.5 (Network service provider)

5 Section 87 (Connection of generating plant to transmission grid or supply network only if authorised) s 20Q 46 s 20Q Electricity Act 1994

20Q Exemptions for Queensland Rail (1) Queensland Rail is exempted from sections 88A and 896 in relation to the supply and sale of electricity to Airtrain Citylink Limited ACN 066 543 315 for electricity used— (a) in connection with the building or use of electrical installations and other works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or (b) for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link. (2) Queensland Rail is also exempted from sections 88A and 89 in relation to the supply and sale of electricity to a third party access holder for electricity used by the third party access holder— (a) in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or (b) for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network. (3) In this section— Airtrain Citylink Limited includes its successors and assigns. Brisbane Airport Rail Link means the proposed railway shown on CMPS&F Pty Limited drawing no. RQ0159-C029(F)7—

6 Sections 88A (Prohibition on operating supply network unless authorised) and 89 (Restriction on sale of electricity)

7 A copy of the drawing is available for inspection at the offices of Queensland Transport, Level 12, Capital Hill Building, 85 George Street, Brisbane. s 20R 47 s 21 Electricity Act 1994 • starting at a point 0.313km from Queensland Rail’s north coast rail line (defined on the drawing as the ownership transfer point) • finishing at the domestic terminal of Brisbane Airport. third party access holder means a person who, under an arrangement with Queensland Rail, is entitled to access and use a nominated part of Queensland Rail’s rail transport infrastructure (the nominated network).

20R Regulation may exempt person or thing from Act (1) If the Governor in Council considers it necessary because of an emergency or other extraordinary circumstances, a regulation may— (a) exempt a person or thing from this Act or a provision of this Act; and (b) impose conditions on the exemption; and (c) provide that the exemption ceases or continues if a condition of the exemption is contravened. (2) The regulation expires 6 months after it commences, unless it is earlier repealed. (3) A person must not contravene a condition of an exemption applying to the person. Maximum penalty for subsection (3)—50 penalty units. Chapter 2 The electricity industry Part 1 Electricity industry and entities

21 Electricity industry The electricity industry is the industry involved in generating, transmitting, supplying and selling electricity in the State. s 22 48 s 23A Electricity Act 1994

22 Electricity entities (1) An electricity entity is an entity that is a participant in the electricity industry. (2) The following entities are the participants in the electricity industry— (a) generation entities; (b) transmission entities; (c) distribution entities; (d) retail entities. Part 2 Customers and contestable customers

23 Types of customers (1) A customer is a person who receives, or wants to receive, a supply of electricity from an electricity entity or special approval holder. (1A) A customer includes a relevant body corporate. (2) A contestable customer is a customer declared to be a contestable customer under the regulations. (3) A non-contestable customer is a customer other than a contestable customer.

23A Regulations concerning contestability declaration (1) A regulation under section 23(2) declaring a customer to be a contestable customer may provide— (a) that the declaration takes effect on the day on which the regulation commences or on another stated day; or (b) for the effects of the customer being declared to be a contestable customer. s 24 49 s 24 Electricity Act 1994 Examples of effects that may be provided for— • the specification of a contract, class of contract or type of contract as a customer connection contract or as a customer sale contract • the continuation of the customer’s customer sale contract • the continuation of a customer connection contract that applies to the customer’s premises • the change in status of the customer’s customer sale contract, for example, from a standard customer sale contract to a negotiated customer sale contract • the change in status of the customer connection contract that applies to the customer’s premises, for example, from a standard customer connection contract to a negotiated customer connection contract • the amendment of the customer’s customer sale contract • the amendment of the customer connection contract that applies to the customer’s premises • the ending of the customer’s customer sale contract • the ending of the customer connection contract that applies to the customer’s premises • anything necessary or convenient to help or give effect to a regulation under section 23(2) (2) The ending of a customer sale contract or a customer connection contract under a regulation made under section 23(2) does not give rise to a claim for compensation by a party to the contract because of the ending of the contract. (3) However, subsection (2) does not affect a right of a party that accrued before the ending of the contract.

24 Customers authorised to take electricity from transmission grid or supply network If an electricity entity may provide electricity from a transmission grid or supply network to a customer, the customer is taken to be authorised to take electricity from the grid or network. s 25 50 s 27 Electricity Act 1994 Part 3 Generation entities and their authorities

25 Generation entities A generation entity is a person who holds a generation authority.

26 Generation authorities (1) A generation authority authorises its holder— (a) to connect the generating plant stated in the authority to the transmission grid or supply network stated in the authority; and (b) to sell electricity— (i) if stated in the authority or otherwise authorised under this Act—through the spot market in accordance with the National Electricity Rules; or (ii) as stated in the authority or otherwise authorised under this Act. (2) However, a generation authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of generating plant.

27 Conditions of generation authority A generation authority is subject to the following conditions— (a) the generation entity must provide electricity of a quality suitable for the transmission grid or supply network stated in the authority; (b) the generation entity must comply with— (i) the technical conditions of connection to a transmission grid or supply network stated in the authority or prescribed under the regulations; and s 28 51 s 29 Electricity Act 1994 (ii) if the entity is a Registered participant—the National Electricity Rules; and (iii) if the entity is connected to the Queensland system—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (iv) conduct rules made by the QCA; and (v) conditions imposed under the regulations; and (vi) the condition stated in section 28; and (vii) conditions stated in the authority; (c) the generation entity must properly take into account the environmental effects of its activities under the authority; (d) the generation entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions.

28 Additional condition to comply with protocols, standards and codes It is also a condition of a generation authority that the generation entity must comply with all protocols, standards and codes applying to the entity under this Act. Part 4 Transmission entities and their authorities

29 Transmission entities A transmission entity is a person who holds a transmission authority. s 30 52 s 31 Electricity Act 1994

30 Transmission authorities (1) A transmission authority authorises its holder— (a) to operate the transmission grid stated in the authority; and (b) if stated in the authority—to connect the transmission grid to another transmission grid stated in the authority. (2) However, a transmission authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of a transmission grid.

31 Conditions of transmission authority A transmission authority is subject to the following conditions— (a) the transmission entity must comply with— (i) the technical conditions of operating the transmission grid stated in the authority or prescribed under the regulations; and (ii) if the entity is a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (iii) conduct rules made by the QCA; and (iv) the conditions stated in sections 32, 33, 34, 35 and 36;8 and (v) conditions imposed under the regulations; and (vi) conditions stated in the authority;

8 Sections 32 (Additional condition to allow connection to grid by complying persons), 33 (Additional condition not to buy and sell electricity), 34 (Additional conditions about grid operation etc.), 35 (Additional condition to provide network services) and 36 (Additional condition to comply with protocols, standards and codes) s 32 53 s 32 Electricity Act 1994 (b) the transmission entity must properly take into account the environmental effects of its activities under the authority; (c) the transmission entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions.

32 Additional condition to allow connection to grid by complying persons (1) It is also a condition of a transmission authority that the transmission entity must allow, as far as technically and economically practicable, a person to connect supply to a transmission grid stated in the authority, or take electricity from the grid, on fair and reasonable terms if the conditions stated in subsection (2) are satisfied. (2) The conditions to be satisfied are as follows— (a) the person must be authorised under this Act to connect supply or take electricity from the transmission grid; (b) the grid must be capable of being used safely to connect supply or take electricity as proposed by the person; (c) the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the grid; (d) the person must pay the reasonable cost of connection to the grid. (3) In deciding whether the condition mentioned in subsection (2)(b) is satisfied, all relevant matters must be considered, including, for example— (a) the transmission entity’s current obligations; and (b) the current obligations of other persons connected directly or indirectly to the transmission grid; and (c) the grid’s capacity. s 33 54 s 34 Electricity Act 1994

33 Additional condition not to buy and sell electricity (1) It is also a condition of a transmission authority held by a transmission entity that operates a regulated transmission grid that the transmission entity must not buy or sell electricity directly or indirectly. (2) Subsection (1) does not apply to generating, buying or selling electricity— (a) necessary to operate the transmission entity’s transmission grid or for a purpose associated with the planning, design, construction, maintenance or operation of the transmission grid; or (b) for the entity’s administrative purposes. (3) In this section— regulated transmission grid means a transmission grid that is subject to the regulatory arrangements for transmission service pricing under the National Electricity Rules, chapter 6.9

34 Additional conditions about grid operation etc. (1) In addition, a transmission authority is subject to the following conditions— (a) the transmission entity must operate, maintain (including repair and replace if necessary) and protect its transmission grid to ensure the adequate, economic, reliable and safe transmission of electricity; (b) the transmission entity must operate the grid in coordination with transmission grids to which it is connected directly or indirectly. (2) Unless otherwise provided in its authority, it is also a condition of the transmission authority that the transmission entity must ensure, as far as technically and economically practicable, that the transmission grid is operated with enough capacity (and, if necessary, augmented or extended to provide enough capacity) to provide network services to persons

9 National Electricity Rules, chapter 6 (Transmission and distribution pricing) s 35 55 s 37 Electricity Act 1994 authorised to connect to the grid or take electricity from the grid.

35 Additional condition to provide network services It is also a condition of a transmission authority that the transmission entity must provide, as far as technically and economically practicable for the transmission entity, network services on fair and reasonable terms, for persons authorised to connect supply of electricity to the transmission grid or take electricity from the grid.

36 Additional condition to comply with protocols, standards and codes It is also a condition of a transmission authority that the transmission entity must comply with all protocols, standards and codes applying to the entity under this Act.

36A Responsibility for regional system control (1) A transmission entity is responsible for regional system control of its transmission grid. (2) However, a transmission entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules. Part 5 Distribution entities and their authorities

37 Distribution entities A distribution entity is a person who holds a distribution authority. s 38 56 s 40 Electricity Act 1994

38 Distribution authorities A distribution authority authorises its holder to supply electricity using a supply network within its distribution area.

39 Distribution area of distribution entity A distribution entity’s distribution area is the area stated in its authority as its distribution area.

40 Connection and supply of electricity in distribution area (1) The following persons may apply to a distribution entity for the provision of customer connection services to premises within the entity’s distribution area— (a) a customer who owns or occupies the premises; (b) a retail entity. (2) A distribution entity to which an application is made has an obligation to provide to the applicant the customer connection services to the premises. (3) However, the obligation does not apply if another provision of this Act or a regulation— (a) states that the obligation does not apply; or (b) authorises the disconnection of premises from, or refusal to connect or reconnect premises to, a supply network. (4) The applicant and the distribution entity are taken to have entered into a contract on the terms of the distribution entity’s standard customer connection contract, in effect from time to time, for the provision of the services to the premises if— (a) the distribution entity provides the customer connection services applied for to the premises; and (b) the applicant does not enter into a negotiated customer connection contract for the customer connection services applied for. (5) However, the terms of the contract only include the terms of the distribution entity’s standard customer connection s 40AA 57 s 40AA Electricity Act 1994 contract, in effect from time to time, that apply to the customer. (6) The contract takes effect as a deed. (7) The contract is taken to end if the applicant and the distribution entity enter into a negotiated customer connection contract for the provision of the customer connection services applied for. (8) Each of the parties to a standard customer connection contract is taken to have agreed to comply with the provisions of the contract, in effect from time to time, as far as the provisions apply to each party.

40AA Supply if no customer connection contract (1) This section applies if— (a) premises are connected to a distribution entity’s supply network; and (b) there is no customer connection contract in effect, or taken to be in effect, for the provision of customer connection services to the premises. (2) For premises of a contestable customer, the customer and the host distribution entity are taken to have entered into a contract on the terms of the host distribution entity’s standard customer connection contract, in effect from time to time, for the provision of the customer connection services to the premises. (3) For premises of a non-contestable customer, the host retail entity and the host distribution entity are taken to have entered into a contract on the terms of the host distribution entity’s standard customer connection contract, in effect from time to time for the provision of the customer connection services to the premises. (4) However, the terms of a contract under subsection (2) or (3) only include the terms of the host distribution entity’s standard customer connection contract, in effect from time to time, that apply to the customer. s 40A 58 s 40A Electricity Act 1994 (5) A contract under subsection (2) or (3)— (a) takes effect as a deed; and (b) does not prevent the customer giving a dispute notice under the Queensland Competition Authority Act 1997, section 112;10 and (c) is taken to end if there is a customer connection contract entered into, or taken to be entered into, for the provision of customer connection services to the premises. (6) Each of the parties to a standard customer connection contract is taken to have agreed to comply with the provisions of the contract, in effect from time to time, as far as the provisions apply to each party. (7) In this section— host distribution entity, for premises, means the distribution entity to whose supply network the premises are connected. host retail entity, for premises, means the retail entity in whose retail area the premises are located.

40A Standard customer connection contract (1) A distribution entity must prepare a standard customer connection contract to establish the terms on which it is to provide customer connection services to customers. (2) A regulation may prescribe the following for a standard customer connection contract— (a) the terms that must be included in the contract; (b) when the contract takes effect. (3) this Act and is unenforceable to the extent that it is. (4) If a standard customer connection contract is amended after it is made, the contract as amended applies to the parties to it whether the contract was entered into before or after the amendment.

10 Queensland Competition Authority Act 1997, section 112 (Giving dispute notice) s 40B 59 s 40D Electricity Act 1994 (5) To remove doubt, it is declared that a standard customer connection contract may provide for different terms to apply to different types of customer.

40B Approval of standard customer connection contract by regulator A distribution entity’s standard customer connection contract must be approved by the regulator and does not take effect until it is approved.

40BA Amendment of standard customer connection contract (1) A distribution entity may only amend its standard customer connection contract if the regulator approves. (2) An approval may— (a) be given on conditions; or (b) state when the amendment takes effect; or (c) require the entity to give notice to customers of the amendment in a stated way before the amendment takes effect. (3) If a standard customer connection contract is amended, the standard customer connection contract as amended becomes the standard customer connection contract.

40C Customer connection contracts outside standard form (1) Despite sections 40 and 40A, a customer or retail entity may contract with a distribution entity on terms different from the terms of the distribution entity’s standard customer connection contract. (2) A contract under subsection (1) must not be inconsistent with this Act and is unenforceable to the extent that it is.

40D Connection and supply on fair and reasonable terms (1) A distribution entity must connect and supply electricity to a customer’s electrical installation or premises within its distribution area on fair and reasonable terms. s 40E 60 s 40E Electricity Act 1994 (2) A regulation may declare what is or is not fair and reasonable, including, for example, whether or not and, if so, in what circumstances different terms of standard customer connection contracts for different types of customers are fair and reasonable.

40E Limitation on obligation to connect and supply (1) A distribution entity is not obliged to connect or supply electricity to a customer’s electrical installation or premises and it will not be in breach of its customer connection contract for the installation or premises if— (a) the connection or supply is, or needs to be, interrupted— (i) in an emergency; or (ii) for work that needs to be performed without delay to prevent an emergency happening; or (iii) by circumstances beyond the distribution entity’s control; or (iv) for work—if it is reasonable to do the work when it is done, reasonable notice is given to the customer and supply is restored as soon as practicable; or (b) the connection or supply would breach technical requirements under this or another Act; or (c) the connection or supply would unreasonably interfere with the connection or supply of electricity by the distribution entity to other customers; or (d) the connection or supply is denied or limited under an electricity restriction regulation or emergency rationing order; or (e) a distribution entity is entitled, under its customer connection contract or under a regulation, to disconnect supply to the customer; or (f) after an electricity officer has acted under section 141 to disconnect supply to something that was unsafe, the thing is still unsafe; or s 40F 61 s 40G Electricity Act 1994 (g) the connection or supply is likely to cause fire or electric shock to anyone; or (h) this Act otherwise authorises refusal to connect or supply (or reconnect or resupply); or (i) a regulation provides that the obligation to connect or supply (or reconnect or resupply) does not apply. (2) Subsection (1)(c) does not apply if the customer pays an amount to the entity for works necessary to prevent the connection or supply from unreasonably interfering with the connection or supply of electricity by the entity to other customers. (3) The entity must give the customer an opportunity to pay the amount.

40F Obligation to connect and supply subject to authority A distribution entity’s obligation to connect and supply is subject to the conditions of its authority.

40G Disconnection for failure to pay debts A regulation may provide for the disconnection and refusal to connect or reconnect supply of electricity to electrical installations of customers or premises of customers if— (a) a customer fails to pay an amount owing to the customer’s distribution entity or breaches the customer connection contract; or (b) a customer’s retail entity fails to pay an amount owing to the customer’s distribution entity or breaches the customer connection contract; or (c) a customer fails to pay an amount owing to the customer’s retail entity or breaches the customer sale contract with its retail entity and the retail entity requests the distribution entity to disconnect or refuse to connect or reconnect the customer. s 40H 62 s 42 Electricity Act 1994

40H Contracting out of s 40E, 40G(a) or (b) or 97 (1) The parties to a negotiated customer connection contract may in the contract agree to vary or exclude the operation of sections 40E, 40G(a) or (b) or 97 for the contract. (2) If the sections’ operation is varied or excluded, they do not apply to the contract to the extent agreed.

41 Connection and supply of electricity outside distribution area (1) A distribution entity may, if a customer’s electrical installation or premises is outside the distribution entity’s distribution area— (a) connect the installation or premises to the entity’s supply network; and (b) supply electricity from its supply network to the installation or premises. (2) Subsection (1) applies only if the installation or premises— (a) is not within another distribution entity’s distribution area; or (b) if it is in another distribution entity’s area— (i) but the other distribution entity claims that it is not technically and economically practicable for it to connect and supply electricity to the customer; or (ii) the other distribution entity agrees to the connection and supply. (3) However, the distribution entity may connect and supply electricity to the customer only if the connection and supply is not likely to impair its capacity to fulfil its obligation to connect and supply in its own distribution area.

42 Conditions of distribution authority A distribution authority is subject to the following conditions— (a) the distribution entity must comply with— s 43 63 s 43 Electricity Act 1994 (i) if the entity is a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (ii) conduct rules made by the QCA; and (iii) the conditions stated in sections 43, 44 and 45;11 and (iv) conditions imposed under the regulations; and (v) conditions stated in the authority; (b) the entity must operate, maintain (including repair and replace as necessary) and protect its supply network to ensure the adequate, economic, reliable and safe connection and supply of electricity to its customers; (c) the entity must properly take into account the environmental effects of its activities; (d) the entity must consider both demand side and supply side options to provide, as far as technically and economically practicable, for the efficient supply of electrical energy; (e) the entity must pay the amounts required under the authority or regulations for administering the authority and its conditions.

43 Additional condition to allow connection to supply network by complying persons (1) It is also a condition of a distribution authority that the distribution entity must allow, as far as technically and economically practicable for the distribution entity, a person to connect supply to its supply network, or take electricity from its supply network, on fair and reasonable terms, if the conditions stated in subsection (2) are satisfied.

11 Sections 43 (Additional condition to allow connection to supply network by complying persons), 44 (Additional condition to provide network services) and 45 (Additional condition to comply with protocols, standards and codes) s 44 64 s 45 Electricity Act 1994 (2) The conditions to be satisfied are as follows— (a) the person must be a generation entity, a transmission entity or a distribution entity; (b) the supply network must be capable of being safely used to connect supply or take electricity as proposed by the person; (c) the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the network; (d) the person must pay the reasonable cost of connection to the network. (3) In deciding whether the condition mentioned in subsection (2)(b) is satisfied, all relevant matters must be considered, including, for example— (a) the distribution entity’s current obligations and its expected future obligations; and (b) the current obligations of other persons connected directly or indirectly to the network; and (c) the network’s capacity.

44 Additional condition to provide network services In addition, it is a condition of a distribution authority that the entity must provide, as far as technically and economically practicable, network services, on fair and reasonable terms, for persons authorised to connect supply of electricity to the network or take electricity from the network.

45 Additional condition to comply with protocols, standards and codes It is also a condition of a distribution authority that the distribution entity must comply with all protocols, standards and codes applying to the entity under this Act. s 45A 65 s 48A Electricity Act 1994

45A Responsibility for network control (1) A distribution entity is responsible for network control of its supply network. (2) However, a distribution entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules. Part 6 Retail entities and their authorities

46 Retail entities A retail entity is a person who holds a retail authority.

47 Retail authorities A retail authority authorises its holder to provide customer retail services under the terms of the authority.

48 Retail area of retail entity If a retail authority states a retail area, the retail entity— (a) has an obligation to provide to non-contestable customers, customer retail services to premises that they own or occupy within the area as required under this Act; and (b) may provide to contestable customers, customer retail services to premises that they own or occupy anywhere in the State.

48A Where retail authority does not state a retail area If a retail authority does not state a retail area, the retail entity may provide to contestable customers, customer retail services to premises that they own or occupy anywhere in the State. s 48B 66 s 49 Electricity Act 1994

48B Applying for customer retail services An application may be made to a retail entity by a customer who owns or occupies premises for the provision of customer retail services to the premises.

49 Obligation to provide customer retail services to non-contestable customers (1) This section applies if a non-contestable customer makes an application under section 48B to a retail entity with a retail area in relation to premises within the retail entity’s retail area. (2) A retail entity to which an application is made has an obligation to provide to the non-contestable customer the customer retail services to the premises. (3) However, the obligation does not apply if another provision of this Act or a regulation— (a) states that the obligation does not apply; or (b) authorises refusal to provide customer retail services. (4) While the customer is a non-contestable customer, the customer and the entity are taken to have entered into a contract on the terms of the retail entity’s standard customer sale contract, in effect from time to time for the provision of the customer retail services if— (a) the retail entity provides the customer retail services applied for the premises pursuant to the application; and (b) the non-contestable customer does not enter into a negotiated customer sale contract for the customer retail services applied for. (5) However, the terms of the contract only include the terms of the retail entity’s standard customer sale contract, in effect from time to time, that apply to the non-contestable customer. (6) The contract takes effect as a deed. (7) A contract is taken to end if the customer and the retail entity enter into a negotiated customer sale contract for the provision of the services applied for. s 49A 67 s 49A Electricity Act 1994 (8) Each party to a standard customer sale contract is taken to have agreed to comply with the provisions of the contract, in effect from time to time, so far as the provisions apply to each party.

49A Sale if no customer sale contract (1) This section applies if— (a) premises are connected to a supply network; and (b) there is no customer sale contract in effect or taken to be in effect for the provision of customer retail services to the premises. (2) For the premises of a non-contestable customer, the customer and the host retail entity are taken to have entered into a contract on the terms of the host retail entity’s standard customer sale contract, in effect from time to time, for the provision of the following services to the premises— (a) the sale of electricity to the premises; (b) if there is no customer connection contract in effect or taken to be in effect for the provision of customer connection services to the premises, providing for— (i) the connection of the premises to a supply network to allow the supply of electricity from the supply network to the premises; and (ii) the supply of electricity from the supply network to the premises. (3) For premises of a contestable customer, the customer and the host retail entity are taken to have entered into a contract on the terms of the host retail entity’s standard customer sale contract, in effect from time to time, for the sale of electricity to the customer’s premises. (4) However, the terms of the contract only include the terms of the host retail entity’s standard customer sale contract, in effect for the time being, that apply to the customer. (5) A contract under subsection (2) or (3)— (a) takes effect as a deed; and s 50 68 s 50 Electricity Act 1994 (b) is taken to end if the customer and the host retail entity enter into, or are taken to be entered into a customer sale contract for the provision of customer retail services to the premises. (6) Each of the parties to a standard customer sale contract is taken to have agreed to comply with the provisions of the contract, in effect for the time being, so far as those provisions apply to each party. (7) In this section— host retail entity, for premises, means— (a) the retail entity in whose area the premises are located; and (b) if there is no such retail entity—the retail entity or entities prescribed by regulation.

50 Standard customer sale contract (1) A retail entity must prepare a standard customer sale contract to establish the terms on which it is to provide customer retail services to non-contestable customers under section 49 and to contestable customers under section 49A(3). (2) A regulation may prescribe the following for a standard customer sale contract— (a) the terms that must be included in the contract; (b) when the contract takes effect. (3) A standard customer sale contract must not be inconsistent with this Act and is unenforceable to the extent that it is. (4) If a standard customer sale contract is amended after it is made, the contract as amended applies to the parties to it whether the contract was entered into before or after the amendment. (5) To remove doubt, it is declared that a standard customer sale contract may provide for different terms to apply to different types of customer. s 51 69 s 51A Electricity Act 1994

51 Approval of standard customer sale contract by regulator A retail entity’s standard customer sale contract must be approved by the regulator and does not take effect until it is approved.

51AA Charging GST for standard customer sale contracts (1) This section applies if— (a) there are notified prices for a retail entity; and (b) the notification for the prices includes a GST statement; and (c) the entity provides customer retail services to a non-contestable customer under a standard customer sale contract; and (d) the entity charges the customer the notified prices. (2) If the GST statement provides that the notified prices exclude GST, the entity may also charge the customer an amount for GST for providing the service. (3) If the GST statement provides that the notified prices exclude the net GST effect, the entity may also charge the customer the net GST effect for providing the service. (4) The customer must pay any amount charged under subsection (2) or (3). (5) To remove any doubt, it is declared that this section does not prevent the entity from charging, under any standard customer sale contract, an amount for GST for goods or for any services that are not customer retail services. (6) Subsections (1) to (5) are taken to be terms of the standard customer sale contract. (7) This section applies despite sections 50 to 51A.

51A Amendment of standard customer sale contract (1) A retail entity may only amend its standard customer sale contract if the regulator approves. s 52 70 s 52A Electricity Act 1994 (2) An approval may— (a) be given on conditions; or (b) state when the amendment takes effect; or (c) require the entity to give notice to customers of the amendment in a stated way before the amendment takes effect. (3) If a standard customer sale contract is amended, the standard customer sale contract as amended becomes the standard customer sale contract.

52 Customer sale contracts outside standard form (1) Despite sections 49A and 50, a contestable customer and a retail entity may contract on terms different from the terms of the retail entity’s standard customer sale contract. (2) A contract under subsection (1) must not be inconsistent with this Act and is unenforceable to the extent that it is.

52A Regulation may allow contract outside standard form (1) A non-contestable customer and a retail entity must not contract on terms different from the terms of the retail entity’s standard customer sale contract, unless a regulation provides that they can contract on different terms. (2) However, a contract permitted by a regulation must not be inconsistent with this Act and is unenforceable to the extent that it is. (3) Without limiting subsection (1), a regulation may provide for the following matters— (a) the non-contestable customer or class of non-contestable customers who may contract on different terms; (b) when a non-contestable customer or class of non-contestable customer may contract on different terms. s 53 71 s 55A Electricity Act 1994

53 Limitations on obligation to sell A retail entity does not have an obligation under section 49(1) to non-contestable customers and the retail entity is not in breach of a customer sale contract in relation to an electrical installation or premises of a non-contestable customer if the obligation or contract can not be performed because— (a) a distribution entity is not required to connect or supply electricity to the relevant electrical installation or premises under section 40(3), 40E or 40G; or (b) of anything beyond the retail entity’s control; or (c) a regulation provides that the obligation does not apply.

54 Obligation to sell subject to authority A retail entity’s obligations under section 49(1) are subject to the conditions of its authority.

55 Disconnection for failure to pay debts A regulation may provide that a retail entity’s obligations under section 49(1) do not apply to a non-contestable customer if the customer— (a) fails to pay an amount owing to the non-contestable customer’s retail entity or distribution entity; or (b) breaches its customer sale contract with the customer’s retail entity or its customer connection contract with its distribution entity.

55A Electricity must be sold on fair and reasonable terms (1) A retail entity must provide the customer retail services to a non-contestable customer for an electrical installation or premises within its retail area on fair and reasonable terms. (2) A regulation may declare what is or is not fair and reasonable, including, for example, whether or not and, if so, in what circumstances requiring the following, is fair and reasonable— s 55B 72 s 55D Electricity Act 1994 (a) different advance payments or security deposits from different customers; or (b) different standard customer sale contract terms for different types of customers.

55B Contracting out of s 53, 55, 96 or 97 (1) The parties to a negotiated customer sale contract may in the contract agree to vary or exclude the operation of section 53, 55, 96 or 97 for the contract. (2) If the sections’ operation is varied or excluded, they do not apply to the contract to the extent agreed.

55C Sale of electricity outside retail area (1) A retail entity may, if a customer’s electrical installation or premises is outside the retail entity’s retail area— (a) sell electricity to the customer for the installation or premises; or (b) arrange for— (i) the installation or premises to be connected to a supply network to allow the supply of electricity to the installation or premises; and (ii) the supply of electricity from the supply network to the installation or premises. (2) A retail entity may do the things mentioned in subsection (1) only if— (a) the customer is a contestable customer; or (b) the customer’s electrical installation or premises is not within another retail entity’s retail area; or (c) the customer’s electrical installation or premises is in another retail entity’s area, but the other retail entity agrees to electricity being sold to the customer.

55D Conditions of retail authority A retail authority is subject to the following conditions— s 55E 73 s 55F Electricity Act 1994 (a) the retail entity must consider both demand side and supply side options to provide, as far as technically and economically practicable, for the efficient use of electrical energy; (b) the retail entity must pay the amounts required under the authority or the regulations to administer the authority and its conditions; (c) if the retail entity is a Registered participant—the entity must comply with— (i) the National Electricity (Queensland) Law; and (ii) the National Electricity Rules; and (iii) directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; (d) the retail entity must comply with conduct rules made by the QCA; (e) the condition under section 55E; (f) conditions imposed under a regulation; (g) conditions stated in the authority.

55E Additional condition to comply with protocols, standards and codes It is also a condition of a retail authority that the retail entity must comply with all protocols, standards and codes applying to the retail entity under this Act.

55F Additional condition to comply with Ambulance Cover Act It is also a condition of a retail authority that the retail entity must comply with all requirements applying to it as an electricity retailer under the Ambulance Cover Act. s 56 74 s 59 Electricity Act 1994 Part 7 Special approval holders and their approvals

56 Purpose of special approvals The purpose of special approvals is to enable, in special circumstances, electricity entities and other persons to perform activities, normally authorised by a generation, transmission, distribution or retail authority, without the authority.

57 Special approval holders A special approval holder is a person who has a special approval.

58 Special approvals A special approval authorises its holder to do anything stated in the approval that a generation entity, transmission entity, distribution entity or retail entity may do under this Act.

59 Authorisation given by special approval (1) A special approval authorises its holder to do the things stated in the approval, even though the things would otherwise require the holder to be the holder of a generation, transmission, distribution or retail authority to do the things. (2) Despite subsection (1), a special approval does not make the holder an electricity entity, unless a regulation provides that the holder is to be treated as an electricity entity. (3) However, for things authorised by the special approval, the special approval holder is taken to be a person who has the relevant authority and the special approval is taken to be the relevant authority. Examples—

1 If a special approval authorises the holder to connect generating plant to a transmission grid or supply network, the holder is taken, for that activity, to be the holder of a generation authority. s 60 75 s 60 Electricity Act 1994

2 If a special approval authorises the holder to operate a transmission grid, the holder is taken, for that activity, to be the holder of a transmission authority. (4) The approval does not relieve the holder or anyone else from complying with laws relevant to the doing of the things authorised by the approval.

60 Conditions of special approval (1) A special approval is subject to the following conditions— (a) the holder must comply with— (i) if the holder is a Registered participant—the National Electricity Rules; and (ii) if connected to the Queensland system or a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (iii) the condition stated in section 61; and (iv) conditions imposed under the regulations; and (v) if the approval is given by the regulator—conditions stated in the approval; (b) the holder must pay amounts required under the approval or the regulations for administering the approval and its conditions. (2) A special approval may be subject to the condition that the holder must comply with the conduct rules made by the QCA. (3) In this section— special approval means a special approval given under a regulation or by the regulator. s 61 76 s 63 Electricity Act 1994

61 Additional condition to comply with protocols, standards and codes It is also a condition of a special approval that the holder must comply with all protocols, standards and codes applying to the holder under this Act.

61A Additional condition to comply with Ambulance Cover Act It is also a condition of a special approval that the holder must comply with all requirements applying to it as an electricity retailer under the Ambulance Cover Act. Part 8 Regulator Division 1 General provisions about regulator

62 Regulator The chief executive of the department is the regulator.

63 Functions (1) The regulator’s functions are— (a) to ensure only suitable persons are electricity entities; and (b) to make standards and codes for regulating the electricity industry; and (c) to assist the settlement of disputes between electricity entities and between electricity entities and others; and (d) to investigate complaints by customers about the performance or operation of electricity entities; and (e) to monitor compliance with this Act, including compliance with conditions of authorities, approvals and licences; and s 64 77 s 64A Electricity Act 1994 (f) to perform other functions given to the regulator under this Act or another Act. (2) In performing the regulator’s functions, the regulator must consider the objects of the Act.

64 Delegation (1) The regulator may delegate a power of the regulator to a public service employee or an employee of an electricity entity if satisfied the person has the expertise and experience necessary to exercise properly the power. (2) A regulation may provide that a particular power of the regulator— (a) may not be delegated; or (b) may be delegated only to a particular person. Division 2 Funding for dispute resolution and complaint investigation functions

64A Annual levy (1) The regulator’s functions mentioned in section 63(1)(c) and (d) are funded by an annual levy on each of the following (a member entity) for each financial year— (a) a distribution entity; (b) a retail entity whose retail authority states a retail area or that supplies customers whose consumption of electricity has been less than 200000kWh in any 12 month period; (c) Country Energy while it holds special approval number SA21/98; (d) another special approval holder prescribed under a regulation. (2) The levy for each member entity consists of— (a) a membership fee (the membership fee), payable in advance on each 1 July; and s 64B 78 s 64C Electricity Act 1994 (b) an amount (the contribution fee) worked out under section 64C, payable under section 64E; and (c) the amount of the costs (the user-pays fee) worked out under section 64D, payable under section 64E.

64B Membership fee The membership fee for a member entity for each financial year is— (a) for a distribution entity—$20000; or (b) for a retail entity or Country Energy—$5000; or (c) for another member entity—nil.

64C Contribution fee (1) The contribution fee for a distribution entity is nil. (2) The contribution fee for another member entity for each financial year is worked out by applying the following formula— 120000 × EC -------------------------------- TEC where— EC means the number of customers the entity has at the start of the year. TEC means the total number of customers of all relevant entities at the start of the year. (3) For subsection (2), customers— (a) of Ergon Energy are its customers in the State and the area under the Local Government Act 1993 (NSW) named the ‘Tenterfield Area’; and (b) of another member entity are only its customers in the State. s 64D 79 s 64E Electricity Act 1994

64D User-pays fee The user-pays fee for a member entity for each financial year is the amount of costs incurred quarterly by the State for the following, to the extent they relate to complaints by customers about the entity or disputes to which the entity is a party— (a) the regulator’s performance of the functions mentioned in section 63(1)(d) and (e); (b) referrals to energy mediators and arbitrators; (c) mediation under chapter 5, part 1B; (d) arbitration under chapter 5, part 1C.

64E Notice of contribution and user-pays fees and when they must be paid (1) The regulator must, for each member entity— (a) as soon as practicable after each financial year starts, work out its contribution fee for the year and give it an information notice about the fee; and (b) as soon as practicable after each quarter year ends, work out its user-pays fee for the quarter and give it an information notice about the fee. (2) The member entity must pay the regulator the amount of the fee within 14 days after it receives the notice. (3) In this section— information notice, about a fee, means a written notice stating— (a) the amount of the fee; and (b) how the fee was worked out; and (c) that the recipient of the notice may, within 28 days after receiving the notice, appeal to a Magistrates Court against the regulator’s decision on the working out of the fee. s 64F 80 s 64FA Electricity Act 1994

64F Recovery of unpaid amounts If a member entity does not pay a membership, contribution or user-pays fee payable under this division, the State may recover the amount of the fee from the entity as a debt. Division 3 Industry codes

64FA Making of codes (1) The regulator may make industry codes that apply to all or any of the following— (a) distribution entities; (b) retail entities; (c) special approval holders authorised to perform activities for which a distribution authority or retail authority would otherwise be required under this Act. (2) An industry code must state the distribution entities, retail entities or special approval holders to which it applies. (3) The matters for which an industry code may provide include, but are not limited to, the following— (a) minimum service standards for electricity supply to be met by distribution entities; (b) the service levels to be provided by distribution entities and retail entities to customers; (c) the payment of amounts by distribution entities or retail entities to affected customers for failure to provide a stated service level; (d) the preparation, by a distribution entity, of plans about the operation and management of the entity’s supply network; (e) the rights and obligations of distribution entities, retail entities and customers about customer connection services and customer retail services; (f) the terms of standard customer connection contracts and standard customer sale contracts; s 64FB 81 s 64FC Electricity Act 1994 (g) the terms of contracts between distribution entities and retail entities relating to the provision of customer connection services and customer retail services; (h) minimum requirements for distribution entities and retail entities in dealing with customer complaints. (4) The terms of a contract mentioned in subsection (3)(f) or (g) must not be inconsistent with this Act. (5) To remove any doubt, it is declared that, in providing for the terms of a contract mentioned in subsection (3)(f) or (g), an industry code may provide for different terms to apply to different types of customer. (6) An industry code is not subordinate legislation. (7) In subsection (3)— distribution entity includes a special approval holder authorised to perform activities for which a distribution authority would otherwise be required under this Act. retail entity includes a special approval holder authorised to perform activities for which a retail authority would otherwise be required under this Act.

64FB Approval of code (1) A regulation may approve an industry code. (2) When the regulation is tabled as required under the Statutory Instruments Act 1992, section 49, a copy of the approved code must also be tabled.

64FC When approved code has effect An approved industry code has effect on and from the later of the following days— (a) the day the regulation approving the code is gazetted; (b) the commencement day stated in the code. s 64FD 82 s 64G Electricity Act 1994

64FD Access to approved code (1) The chief executive must keep a copy of each approved industry code available for inspection, without charge— (a) during normal business hours at the department’s head office; and (b) on the department’s web site on the Internet. (2) On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the code from the chief executive. (3) The fee decided by the chief executive for producing a copy of the code must not be more than the chief executive’s reasonable cost of producing the copy.

64FE Act prevails over approved code If an approved industry code is inconsistent with this Act, including a regulation made under this Act, the Act or regulation prevails to the extent of the inconsistency. Part 8A Energy mediators Division 1 Appointment

64G Appointment of energy mediators (1) The regulator, by gazette notice, may appoint a person as an energy mediator to deal with disputes to which section 119 applies. (2) A person may be appointed as an energy mediator only if the person— (a) is a mediator graded by the Institute of Arbitrators and Mediators, Australia; or s 64H 83 s 64K Electricity Act 1994 (b) has the qualifications and experience the regulator considers appropriate to perform the functions, and exercise the powers, of an energy mediator.

64H Duration of appointment An energy mediator is appointed for a term of not more than 2 years stated in the gazette notice.

64I Remuneration (1) An energy mediator is to be paid the remuneration and allowances approved by the Governor in Council. (2) The remuneration and allowances must be paid out of fees paid to the regulator by member entities under part 8, division 2.

64J Resignation (1) An energy mediator may resign by signed notice of resignation given to the regulator. (2) The regulator must give notice of the resignation by gazette notice.

64K Termination of appointment (1) The regulator, by written notice given to an energy mediator, may terminate the person’s appointment as an energy mediator if the regulator reasonably believes the person is not satisfactorily performing the functions of an energy mediator. (2) The notice must contain the regulator’s reasons for terminating the appointment. (3) The regulator must give notice of the termination by gazette notice. s 64L 84 s 64N Electricity Act 1994 Division 2 Functions and powers

64L Function An energy mediator’s function is to mediate disputes referred to the energy mediator under section 119(5) or under the Gas Supply Act 2003, section 263.12

64M Powers An energy mediator may do anything necessary or convenient to be done for performing the energy mediator’s functions. Part 8B Energy arbitrators Division 1 Appointment

64N Appointment of panel of energy arbitrators (1) The regulator, by gazette notice, may appoint persons as energy arbitrators to deal with disputes to which section 11913 applies. (2) A person may be appointed as an energy arbitrator only if the person— (a) is an arbitrator graded by the Institute of Arbitrators and Mediators, Australia; or (b) has the qualifications and experience the regulator considers appropriate to perform the functions, and exercise the powers, of an energy arbitrator.

12 Gas Supply Act 2003, section 263 (Further referral to energy mediator or arbitrator)

13 Section 119 (Regulator’s role in disputes between electricity entity and customers or occupiers) s 64O 85 s 64R Electricity Act 1994

64O Duration of appointment An energy arbitrator is appointed for a term of not more than 2 years stated in the instrument of appointment.

64P Remuneration (1) An energy arbitrator is to be paid the remuneration and allowances approved by the Governor in Council. (2) The remuneration and allowances must be paid out of fees paid to the regulator by member entities under part 8, division 2.

64Q Resignation (1) An energy arbitrator may resign by signed notice of resignation given to the regulator. (2) The regulator must give notice of the resignation by gazette notice.

64R Termination of appointment (1) The regulator, by written notice given to an energy arbitrator, may terminate the person’s appointment as an energy arbitrator if the regulator reasonably believes the person is not satisfactorily performing the functions of an energy arbitrator. (2) The notice must contain the regulator’s reasons for terminating the appointment. (3) The regulator must give notice of the termination by gazette notice. s 64S 86 s 66 Electricity Act 1994 Division 2 Functions and powers

64S Function An energy arbitrator’s function is to arbitrate disputes referred to the energy arbitrator under section 119(6) or under the Gas Supply Act 2003, section 263.14

64T Powers An energy arbitrator may do anything necessary or convenient to be done for performing the energy arbitrator’s functions. Part 9 Electricity officers

65 Appointment (1) The chief executive officer of an electricity entity may appoint a person as an electricity officer for the entity. (2) The chief executive officer may appoint a person as an electricity officer only if— (a) the chief executive officer considers the person has the expertise or experience approved by the regulator to be an electricity officer; or (b) the person has satisfactorily finished training approved by the regulator.

66 Limitation of electricity officer’s powers An electricity officer may exercise powers only— (a) in relation to the electricity entity’s works; or

14 Gas Supply Act 2003, section 263 (Further referral to energy mediator or arbitrator) s 67 87 s 69 Electricity Act 1994 (b) if the electricity entity supplies electricity—within its distribution area or a place where it supplies electricity; or (c) if the electricity entity sells electricity—within its retail area or a place where it sells electricity.

67 Other limitation of electricity officer’s powers An electricity officer’s powers may be limited— (a) under the regulations; or (b) under a condition of appointment; or (c) by written notice given by the electricity entity’s chief executive officer to the electricity officer.

68 Electricity officer’s appointment conditions (1) An electricity officer holds office on the conditions stated in the instrument of appointment. (2) An electricity officer— (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and (b) may resign by signed notice of resignation given to the chief executive officer concerned; and (c) if the conditions of appointment provide—ceases holding office as an electricity officer on ceasing to hold another office stated in the appointment conditions.

69 Electricity officer’s identity card (1) The chief executive officer of an electricity entity must give each electricity officer for the entity an identity card. (2) The identity card must— (a) contain a recent photograph of the electricity officer; and s 70 88 s 70 Electricity Act 1994 (b) be in a form approved by the regulator; and (c) display the electricity officer’s usual signature; and (d) identify the person as an electricity officer for the electricity entity. (3) A person who ceases to be an electricity officer for an electricity entity must return the person’s identity card to the entity’s chief executive officer within 21 days after the person ceases to be an electricity officer, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (4) This section does not prevent the giving of a single identity card to a person under this section and for other provisions, Acts or purposes.

70 Production or display of electricity officer’s identity card (1) An electricity officer may exercise a power in relation to someone else only if the electricity officer— (a) first produces his or her identity card for the person’s inspection; or (b) has the identity card displayed so it is clearly visible to the person. (2) However, if for any reason it is not practicable to comply with subsection (1), the electricity officer must produce the identity card for the person’s inspection at the first reasonable opportunity. s 87 89 s 88A Electricity Act 1994 Chapter 4 Electricity industry operations Part 1 Restriction on certain activities by unauthorised persons

87 Connection of generating plant to transmission grid or supply network only if authorised (1) A person must not connect generating plant to a transmission grid or supply network unless the person is the holder of a generation authority. Maximum penalty—5000 penalty units. (2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.

88 Prohibition on operating transmission grid unless authorised (1) A person must not operate a transmission grid unless the person is the holder of a transmission authority. Maximum penalty—5000 penalty units. (2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.

88A Prohibition on operating supply network unless authorised (1) A person must not supply electricity using a supply network unless the person is the holder of a distribution authority. Maximum penalty—5000 penalty units. s 89 90 s 89A Electricity Act 1994 (2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.

89 Restriction on sale of electricity (1) A person must not sell electricity other than in accordance with— (a) a generation authority or a retail authority held by the person; or (b) any other authorisation to sell electricity under the Act. Maximum penalty—5000 penalty units. (2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity provided by it. Part 2 Pricing

89A Minister may decide distribution service pricing for Mount Isa–Cloncurry supply network (1) This section applies to customer connection services provided by the owner of the Mount Isa–Cloncurry supply network and relating to the supply network. (2) The Minister may decide, in the way the Minister considers appropriate, the prices, or a methodology to fix the prices that the owner may charge to provide the services. (3) Without limiting subsection (2), a methodology to fix prices may include a methodology for fixing a maximum revenue that the owner may earn from operating the supply network. (4) The Minister must, in making a decision, consider the objects of the Act and relevant service standards. s 89B 91 s 89B Electricity Act 1994 (5) The Minister must notify the prices, or methodology to fix the prices, by gazette notice. (6) The prices or methodology to fix the prices notified take effect— (a) on a day stated in the notice; or (b) if no day is stated in the notice—on the day the notice is gazetted. (7) The owner must charge the prices, or prices fixed under the methodology, notified under this section for the services. Maximum penalty—500 penalty units. (8) A decision by the Minister under this section has effect despite the Queensland Competition Authority Act 1997.

89B Minister may direct the QCA to decide distribution service pricing for Mount Isa–Cloncurry supply network (1) This section applies to a service provided by the owner of the Mount Isa–Cloncurry supply network and relating to the supply network that, if the supply network were part of the national grid, would be a distribution service for the National Electricity Rules.15 (2) Instead of making a decision under section 89A(2), the Minister may, in writing, direct the QCA to regulate the pricing for the service under the National Electricity Rules as if the supply network were part of the national grid. (3) The QCA must— (a) within 14 days after receiving the direction, give a copy of it to the owner; and (b) comply with the direction.

15 National Electricity Rules, chapter 10 (Glossary)— distribution service The services provided by a distribution system which are associated with the conveyance of electricity through the distribution system. Distribution services include entry services, distribution use of system services and exit services which are provided by part of a distribution system. s 90 92 s 90 Electricity Act 1994 (4) The owner must comply with the pricing regulation made by the QCA under the direction. Maximum penalty for subsection (4)—500 penalty units.

90 Deciding retail prices for non-contestable customers (1) The Minister may— (a) decide the prices, or the methodology for fixing the prices, that a retail entity may charge to provide the following to non-contestable customers— (i) customer retail services; (ii) other goods and services prescribed under a regulation; or (b) delegate to the QCA all or part of the Minister’s powers under paragraph (a). (2) The prices, or prices fixed under the methodology, are, for a retail entity, called the notified prices. (3) The Minister or the QCA (the pricing entity) must, in deciding the notified prices, consider the objects of the Act. (4) The pricing entity may decide that the notified prices exclude one of the following— (a) GST; (b) the amount fixed by the pricing entity, or the amount worked out in a way fixed by the pricing entity, as the net effect on prices of GST and matters related to the imposition of GST (the net GST effect). (5) The pricing entity must, by gazette notice, publish the notified prices. (6) If the pricing entity has decided that GST or the net GST effect are excluded from the notified prices, the gazette notice must include a statement (a GST statement) as follows— (a) that the notified prices exclude GST or the net GST effect; s 90A 93 s 91 Electricity Act 1994 (b) if the decision was that the net GST effect is excluded—the fixed amount of the effect or the way for working it out under subsection (4)(b). (7) The notified prices and any GST statement take effect— (a) on a later day stated in the notice; or (b) if no day is stated in the notice—on the day the notice is gazetted.

90A Obtaining relevant information for deciding prices or methodology for fixing prices (1) A pricing entity may, in writing, ask a retail entity for relevant information the pricing entity requires to decide, under section 90, prices or a methodology for fixing prices for the retail entity. (2) The retail entity must, within the reasonable period stated in the request, give the relevant information to the pricing entity. Maximum penalty for subsection (2)—100 penalty units.

91 Retail entities charging for GST (1) This section applies if— (a) there are notified prices for a retail entity; and (b) the notification for the prices includes a GST statement; and (c) the entity charges non-contestable customers the notified prices for providing customer retail services. (2) If the GST statement provides that the notified prices exclude GST, the entity may also charge non-contestable customers an amount for GST for providing the services. (3) If the GST statement provides that the notified prices exclude the net GST effect, the entity may also charge non-contestable customers the net GST effect for providing the services. (4) The Minister may give the entity a written direction to charge non-contestable customers— s 91A 94 s 91A Electricity Act 1994 (a) if the GST statement provides that the notified prices exclude GST—an amount for GST for providing the services; or (b) if the GST statement provides that the notified prices exclude the net GST effect—the net GST effect for providing the services. (5) To remove any doubt, it is declared that this section does not prevent the entity from charging, under a standard customer sale contract, an amount for GST for goods or for any services that are not customer retail services.

91A Retail entity must comply with notification or direction (1) This section applies if there are notified prices for providing customer retail services. (2) A retail entity must charge non-contestable customers the notified prices for providing the services. Maximum penalty—500 penalty units. (3) If a retail entity has been given a direction under section 91(4)(a) to charge an amount for GST for providing the services, it must also charge that amount. Maximum penalty—500 penalty units. (4) If a retail entity has been given a direction under section 91(4)(b) to charge the net GST effect for providing the services, it must also charge the net GST effect. Maximum penalty—500 penalty units. (5) This section does not limit section 91(2) and (3). s 97 95 s 97A Electricity Act 1994 Part 3 Limitation of liability of electricity entities

97 Limitation of liability of electricity entities and special approval holders that are not Registered participants (1) An electricity entity or special approval holder that is not a Registered participant is not liable for damages to a person for a partial or total failure to supply or sell electricity or perform an obligation under a contract in relation to the supply or sale of electricity, unless the failure is due to— (a) anything done or omitted to be done by the electricity entity or special approval holder in bad faith; or (b) the negligence of the electricity entity or special approval holder. (2) This section does not apply to the extent to which liability is otherwise agreed by the parties to a contract. (3) This section commences on the commencement of the Electricity—National Scheme (Queensland) Act 1997. (4) In subsection (1)— contract includes an arrangement that has the effect of a contract.

97A Limitation of liability for National Electricity (Queensland) Law (1) The words ‘supply electricity’ in section 120 of the National Electricity (Queensland) Law are taken to include the sale of electricity and the performance of an obligation in a contract for the supply and sale of electricity. (2) In subsection (1)— contract includes an arrangement that has the effect of a contract. s 98 96 s 99 Electricity Act 1994 Part 4 Works Division 1 Works generally

98 Electricity entity entitled to access to its works (1) This section applies to an electricity entity’s works on someone else’s land, including land that is a publicly controlled place, railway land or a protected area. (2) The electricity entity (and its employees and agents) are entitled to have unrestricted access to the works at any reasonable time and, for that purpose, may enter and pass through the land.

99 Person to give notice of work affecting electricity entity’s works (1) A person proposing to do work near an electricity entity’s works must give the entity at least 14 days written notice of the proposed work if, in performing the work— (a) plant, if not properly controlled, is likely to come into contact with an overhead electric line; or (b) soil or other material supporting or covering the entity’s works may be disturbed. (2) If, because of an emergency, it is not practicable to give the notice under subsection (1), written notice must be given to the electricity entity as soon as practicable. (3) The person must, at the person’s cost, take measures to protect or reinstate the electricity entity’s works if required by the entity. s 100 97 s 101 Electricity Act 1994 Division 2 Works on public places, other than railway land and protected areas

100 Application of division This division is subject to divisions 3 and 4.16

101 Electricity entity may take action in publicly controlled places to provide electricity etc. (1) An electricity entity may take the action in a publicly controlled place it considers necessary to provide or supply electricity, including, for example17— (a) opening and breaking up the soil and pavement of the place; and (b) cutting, lopping, or removing trees and other vegetation growing in or over the place; and (c) opening or breaking up a sewer, drain or tunnel in or under the place; and (d) temporarily stopping or diverting traffic on or from the place; and (e) building drains, excavations, subways and tunnels in or under the place. (2) A regulation may make provision about the obligations and rights of electricity entities taking action in publicly controlled places, including, for example— (a) notice to be given before taking action; and (b) timing of work; and (c) procedures to be followed on the breaking up of anything in, on or under the place. (3) This section is subject to sections 102 and 104.18

16 Divisions 3 (Works on railway land) and 4 (Works on protected areas)

17 The application of this section could, in a particular case, be affected by the Native Title Act 1993 (Cwlth).

18 Sections 102 (Works on roads) and 104 (Regulation may declare restricted road) s 102 98 s 104 Electricity Act 1994

102 Works on roads (1) An electricity entity may do any of the following things on a road— (a) build or remove, or alter (other than for maintenance or repair), its electric lines or other works; (b) maintain, repair or alter for maintenance or repair, its electric lines or other works; (c) stop obstruction or potential obstruction to, or interference or potential interference with, its electric lines or other works. (2) However, the electricity entity may do things mentioned in subsection (1)(a) only if it has the written agreement of the road authority. (3) The road authority must not unreasonably withhold agreement. (4) If asked in writing by the electricity entity, the road authority must give the entity information about lines and levels for any planned roadworks necessary to enable the entity to minimise possible adverse effects of the entity’s works on roadworks.

103 Electricity entity to consult with road authority before replacing works (1) Before an electricity entity replaces the whole or a substantial proportion of its electric lines or other works on a road, the entity must consult with the road authority responsible for the road. (2) The object of the consultation is to identify any mutually beneficial arrangements for the replacement of the works having regard to existing development plans for the road.

104 Regulation may declare restricted road (1) A regulation may— (a) declare a road, or part of a road, to be a restricted road; and s 105 99 s 106 Electricity Act 1994 (b) for a restricted road—impose restrictions about building new works or altering or removing existing works on the road. (2) An electricity entity must comply with the regulation.

105 Electricity entity to comply with road authority’s agreement etc. (1) If an electricity entity builds or removes, or alters (other than for maintenance or repair), its electric lines or other works in a road (the contravening conduct), without the agreement of the road authority for the road or in contravention of a regulation or an agreement with the road authority, the regulator may, by written notice given to the entity, require the entity, at its cost and within the period stated in the notice, to take action to remedy the contravening conduct. (2) If the electricity entity does not comply with the notice, the regulator may arrange for the action the regulator considers necessary to remedy the contravening conduct to be carried out. (3) The costs reasonably incurred by the regulator in arranging for the action to be carried out are a debt payable by the electricity entity to the State. (4) This section does not limit the powers of a road authority under another Act.

106 Public entity may require electricity entity to alter position of works (1) A public entity may require an electricity entity to alter the position of the electricity entity’s works in a publicly controlled place if the works could interfere with the exercise of the public entity’s powers for the place. (2) The public entity is responsible only for the cost of altering the position of the works. s 107 100 s 109 Electricity Act 1994 Division 3 Works on railway land

107 Agreement for works of electricity entities affecting railways (1) An electricity entity may build, alter or remove works on a railway or break up a railway only if it has the railway operator’s written agreement. (2) The railway operator must not unreasonably withhold its agreement.

108 Removal of works (1) A railway operator may require an electricity entity to remove or relocate the entity’s works built with its agreement if the removal or relocation is in accordance with— (a) the agreement or another agreement between the entity and operator; or (b) a resolution of a dispute between the entity and operator. (2) The electricity entity must pay the cost of the removal or relocation, unless an agreement or resolution mentioned in subsection (1) otherwise provides.

109 Works impairing railway signalling or communication lines (1) An electricity entity must not build works, or carry out any other work for the supply of electricity, in a way that impairs, through induction or otherwise, the efficient use of a railway operator’s existing signalling or communication line. (2) An electricity entity and a railway operator may agree to relocate or protect a signalling or communication line to ensure its efficient use is not impaired. (3) The electricity entity must pay the cost of relocating or protecting the signalling or communication line, unless an agreement between the entity and railway operator otherwise provides. s 110 101 s 111 Electricity Act 1994

110 Building by railway operator of signalling or communication line likely to be affected by electricity entity’s works etc. (1) If a railway operator proposes to build or relocate a signalling or communication line that could be adversely affected by interference from an electricity entity’s existing works, the operator must— (a) ensure the signalling or communication line is built or relocated so as not to be adversely affected; or (b) ask the entity to relocate or alter the works to protect adequately the signalling or communication line. (2) The railway operator must pay the cost of relocating or altering works under subsection (1)(b). Division 4 Works on protected areas

111 Building of works on protected areas (1) An electricity entity must not build, replace or alter electric lines or other works in a protected area unless the entity acts under a written agreement of the Minister administering the Nature Conservation Act 1992. Maximum penalty—8 penalty units. (2) In deciding whether to agree, the Minister must take into account— (a) the extent and significance of the disturbance building the works will, or is likely to, cause to the protected area; and (b) the electricity entity’s report on alternative routes or positions for building the works outside the protected area; and (c) the extent of any disability or disadvantage in using an alternative route or position. (3) Agreement may be given on conditions the Minister considers necessary to minimise interference to the protected area. s 112 102 s 112A Electricity Act 1994 Division 5 Other matters about an electricity entity’s works

112 Future owner or occupier of place taken to have consented to building of works (1) If electric lines or other works are built by an electricity entity in a place with the owner’s consent, the occupier and a person who later becomes the owner or occupier of the place is taken to have also consented. (2) If electric lines or other works are built by an electricity entity in a place with the occupier’s consent, a person who later becomes the occupier of the place is taken to have also consented. (3) However, the owner or occupier may require the electricity entity to remove and relocate the works if the owner or occupier pays the cost, or a contribution acceptable to the entity towards the cost, of the removal and relocation. (4) If, before the commencement, an electricity entity’s works have been placed on land in which the entity does not have an interest (other than an interest in the works or their use), the entity is taken to have built and maintained the works on the land with the consent of the land’s owner unless the contrary is proved.

112A Clearing native vegetation for operating works on freehold land (1) Subsection (2) has effect despite the Integrated Planning Act 1997, schedule 8, part 1. (2) Carrying out work that is the clearing of native vegetation on freehold land is exempt development if the clearing is for operating works for a transmission entity or distribution entity on land designated for the operating works by a Minister under the Integrated Planning Act 1997. (3) If a word used in subsection (2) is defined in the Integrated Planning Act 1997, the word used has the same meaning as in that Act. s 113 103 s 113B Electricity Act 1994

113 Works remain property of electricity entity (1) Works built in a place by an electricity entity remain the entity’s property even if the place is not under its control. (2) Despite subsection (1), the electricity entity may agree with the owner of the place that the works do not remain the entity’s property. (3) In this section— place includes a building, railway, reserve, road, tramway and waterway.

113A Authority to transmit over land (1) A transmission entity is authorised to operate works to transmit electricity across, over or through the following land— (a) land that it owns; (b) land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works. (2) Subsection (1)(b) applies whether or not the easement, licence, agreement or consent authorises the transmission.

113B Authority to supply over land (1) A distribution entity is authorised to operate works to supply electricity using a supply network across, over or through the following land— (a) land that it owns; (b) land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works. (2) Subsection (1)(b) applies whether or not the easement, licence, agreement or consent authorises the supply. s 114 104 s 115 Electricity Act 1994

114 Compensation payable by electricity entity for damage etc. (1) In exercising a power under this part, an electricity entity must do as little damage as is practicable. (2) An electricity entity must fully compensate a person for damage to the person’s property caused by the exercise of a power under this part. (3) Subsection (2) is subject to sections 97 and 97A.19 Part 5 Entry onto and acquisition of land Division 1 Entry onto land

115 Authority to enter onto land for proposed works etc. (1) The Minister may, by gazette notice, authorise an electricity entity (and its employees and agents) to enter onto land, and remain on it for as long as necessary, to decide the suitability of the land for the entity’s proposed works. (2) The authority must state— (a) the electricity entity to which it is given; and (b) whether it applies to any land or only to particular land; and (c) whether it applies to any proposed works or only to particular works; and (d) the things the entity may do on land entered under it; and (e) the period of the authority.

19 Sections 97 (Limitation of liability of electricity entities and special approval holders that are not Registered participants) and 97A (Limitation of liability for National Electricity (Queensland) Law) s 116 105 s 116 Electricity Act 1994 (3) The authority may— (a) state the conditions or restrictions to which it is subject; and (b) make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority. Division 2 Acquisition of land

116 Authority to acquire land (1) The Minister may, by gazette notice, authorise an electricity entity to acquire land for works, including proposed works. (1A) The Minister must consider the objects of the Act when authorising an electricity entity under subsection (1). (2) The authority must state— (a) the electricity entity to which it is given; and (b) whether it applies to any land or only to particular land; and (c) whether it applies to any works or only to particular works; and (d) the period of the authority. (3) The authority may— (a) state the conditions or restrictions to which it is subject; and (b) make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority. (3A) On the commencement of this subsection, each of the following electricity entities is taken to be authorised, under subsection (1), to acquire any land for any works, including proposed works, for the period starting on the commencement and ending on the revocation of the authorisation under subsection (7)— (a) ENERGEX LIMITED ACN 078 849 055; s 116A 106 s 116A Electricity Act 1994 (b) Ergon Energy; (c) QETC. (4) The Acquisition of Land Act 1967 applies to an authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) as if— (a) it were a constructing authority; and (b) land mentioned in the Act included land held from the State for a lesser interest than freehold; and (c) the purposes for which land may be taken for the entity included— (i) building works, including for example, relocating property for the works and lessening adverse environmental effects; and (ii) any other public purpose within the meaning of the Land Act 1994 related to works. (5) The Land Act 1994, section 21820 applies to an authorised electricity entity as if it were a constructing authority. (6) A regulation may make provision about the acquisition of land by or for an authorised electricity entity. (7) To remove any doubt, it is declared that the Minister may, by gazette notice, amend or revoke an authorisation mentioned in subsection (3A). (8) In this section— authorised electricity entity means an entity authorised, or taken to be authorised, under subsection (1), to acquire land.

116A Authority to create easements over forest land (1) Despite the Forestry Act 1959, sections 26(1A) and 28(3) but subject to the Land Act 1994, section 362, the Governor in Council may, at the request of an electricity entity, authorise the creation of an easement for the entity over forest land for the entity’s works, including proposed works.

20 Land Act 1994, section 218 (Resumption for constructing authorities) s 116B 107 s 117 Electricity Act 1994 (2) Section 116(2) and (3) applies to the authority with all necessary changes. (3) In this section— forest land means land that is a State forest or a timber reserve within the meaning of the Forestry Act 1959, section 5.

116B Easements to include carriage services (1) Despite anything to the contrary in any Act or instrument, an easement, licence or consent to which a transmission or distribution entity is entitled may be used by the entity or another person authorised by the entity for the provision of a carriage service or content service. (2) This section does not authorise a transmission or distribution entity to take land under the Acquisition of Land Act 1967 only for a carriage service or content service. (3) In this section— carriage service has the meaning given in the Telecommunications Act 1997 (Cwlth). content service has the meaning given in the Telecommunications Act 1997 (Cwlth).21 Part 6 Miscellaneous

117 Resolution of certain disputes between electricity entities or between electricity entities and public entities (1) This section applies to— (a) disputes arising under part 422 between an electricity entity and a public entity; and

21 The attachment contains extracts of the relevant provisions of the Telecommunications Act 1997 (Cwlth).

22 Part 4 (Works) s 118 108 s 118 Electricity Act 1994 (b) disputes arising under this Act between electricity entities. (1A) However, this section does not apply to disputes that are regulated by the QCA or under the National Electricity Rules or to disputes that relate to chapter 5A (including a dispute about what is a chargeable amount under section 309).23 (2) Any party to the dispute may refer the issue to the regulator. (3) The regulator may give instructions about procedures to be followed by the parties to attempt to resolve the dispute before the regulator will attempt to resolve it. (4) The regulator may require a party to supply information the regulator considers necessary to enable the dispute to be resolved. (5) The regulator may— (a) decline to act in a dispute; or (b) seek to resolve the dispute with the parties or someone else, other than a court, responsible for dealing with disputes involving 1 or more of the parties. (6) If the regulator can not resolve the dispute, the matter may be decided by the Governor in Council. (7) The Governor in Council may decide the matter without giving the parties an opportunity to make representations to, or to be heard by, the Governor in Council. (8) The decision of the Governor in Council is binding on the parties. (9) This section does not prevent an entity from exercising another right before a court or tribunal.

118 Retail entity may recover amount for electricity sold to a person occupying premises If—

23 Chapter 5A (13% gas scheme) Section 309 (Existing electricity supply contracts) s 118A 109 s 119 Electricity Act 1994 (a) a person occupies premises where electricity sold by a retail entity has been consumed during the person’s occupancy; and (b) the retail entity has not been paid for the electricity; the amount the retail entity is entitled to charge for the electricity is a debt owing by the person to the retail entity.

118A Distribution entity may recover amount for connection and supply of electricity to a person If— (a) a person occupies premises that are connected and supplied with electricity by a distribution entity during the person’s occupancy; and (b) the distribution entity has not been paid for the connection and supply; the amount the distribution entity is entitled to charge for the connection and supply is a debt owing by the person to the distribution entity. Chapter 5 Industry regulation Part 1 Regulator

119 Regulator’s role in disputes between electricity entity and customers or occupiers (1) This section applies to disputes between— (a) an electricity entity and a customer about the performance of a function or obligation or exercise of a power under this Act; or (b) an electricity entity and an occupier of land onto which the entity enters or proposes to enter, or permits someone else to enter, under this Act. s 119 110 s 119 Electricity Act 1994 (2) However, this section does not apply to the following disputes— (a) a dispute to which section 117 applies; (b) a dispute that may be dealt with under— (i) the Queensland Competition Authority Act 1997; or (ii) the Electricity—National Scheme (Queensland) Act 1997; (c) a dispute between an electricity entity and a customer if the customer’s consumption of electricity has been more than 200000kWh in any 12 month period; (d) a dispute that relates to chapter 5A. (3) A party to a dispute may refer it to the regulator. (4) The referral to the regulator must be in the approved form. (5) The regulator must refer the dispute to an energy mediator if the customer or occupier requests it. (6) The regulator must refer the dispute to an energy arbitrator if— (a) the customer or occupier requests it, whether or not the dispute has already been referred to an energy mediator; 24or (b) mediation of the dispute by an energy mediator has ended without a mediated agreement about the whole of the dispute being made.25 (7) A referral by the regulator or a request under subsection (5) or (6) must be written. (8) The regulator must not make a referral if— (a) the regulator knows a party to the dispute has started a proceeding concerning an issue in the dispute; or (b) the dispute arose more than 1 year before—

24 See also section 120ZN(1)(c) (When mediation ends).

25 See also chapter 5, part 1C (Disputes referred to energy arbitrator). s 119A 111 s 119A Electricity Act 1994 (i) for subsection (5)—part 1B commenced; or (ii) for subsection (6)—part 1C commenced; or (c) the regulator considers the subject of the dispute, as referred to the regulator, is frivolous or vexatious. (9) A dispute must not be referred to an energy arbitrator to whom the dispute, or part of the dispute, has been referred to as an energy mediator. (10) This section does not prevent a party to the dispute exercising other rights before a court or tribunal.

119A Exclusion of disputes relating to community ambulance cover levy (1) Section 119 does not apply to a dispute between an electricity entity and a customer about— (a) the performance of a function or exercise of a power under the Ambulance Cover Act; or (b) the performance of a function or exercise of a power under this Act, to the extent that the performance of the function or exercise of the power is required, permitted or otherwise provided for under the Ambulance Cover Act. (2) A person must not refer a dispute to the regulator under section 119(3) if the dispute is, or is in the nature of, a dispute to which, because of subsection (1), section 119 does not apply. (3) A person must not refer to the regulator under 119(3) a dispute about— (a) the levy; or (b) the levy amount paid or payable by a person; or (c) the collection of a levy amount; or (d) the collection of an amount for electricity, if the dispute arises, in substance, out of the collection of a levy amount. (4) Subsection (3) does not limit subsection (2). s 120 112 s 120AA Electricity Act 1994 (5) The regulator must not refer a dispute to an energy mediator under section 119(5), or to an energy arbitrator under section 119(6), if the regulator is satisfied on reasonable grounds, having regard to subsections (1) to (3)— (a) that section 119 does not apply to the dispute; or (b) that the dispute is not a dispute that may be referred to the regulator under section 119. (6) Before the regulator refers a dispute under section 119(5) or (6), the regulator may require the person who referred the dispute under section 119(3) to satisfy the regulator, by a written or oral declaration, or in another way, that the dispute is not a dispute that, under this section, must not be referred to the regulator. (7) This section does not limit section 119. (8) In this section— levy means the community ambulance cover levy under the Ambulance Cover Act. levy amount means a levy amount under the Ambulance Cover Act.

120 Regulator’s power to require information from electricity entities (1) An electricity entity must give the regulator the information the regulator reasonably requires to enable the regulator to perform the regulator’s functions. (2) The information must be given within a reasonable time after the regulator asks for it. (3) However, this section does not require the electricity entity to give information if giving the information might tend to incriminate the entity.

120AA Regulator’s powers concerning audit of compliance with Act etc. (1) The regulator may, by written notice given to an electricity entity or special approval holder, require the entity or holder— s 120AB 113 s 120AB Electricity Act 1994 (a) to carry out an internal audit of all or any of the following— (i) the entity or holder’s compliance with this Act, industry codes, and the authority issued or approval given to it under this Act; (ii) the reliability and quality of information given by the entity or holder to the regulator under this Act; or (b) to appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a). (2) The regulator may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1)(a) concerning the entity or holder— (a) instead of making a requirement of the entity or holder under subsection (1); or (b) if the entity or holder fails to comply with a notice given to it under the subsection. (3) A person may be appointed as an independent auditor under subsection (1)(b) or (2) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit.

120AB Responsibility for cost of audit (1) An electricity entity or special approval holder required under section 120AA(1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit. (2) If the regulator appoints an independent auditor to carry out an audit concerning an electricity entity or special approval holder, the entity or holder must reimburse the regulator for the cost of the audit if required to do so by the regulator. s 120AC 114 s 120AD Electricity Act 1994

120AC Independent auditor may require reasonable help or information (1) An independent auditor appointed under section 120AA to carry out an audit concerning an electricity entity or special approval holder may require the entity or holder to give the auditor— (a) reasonable help to carry out the audit; or Examples— • access to the entity’s or holder’s premises and records • help from the entity’s or holder’s employees (b) information, in a form reasonably required by the auditor, to help the auditor carry out the audit. (2) An electricity entity or special approval holder required to give reasonable help under subsection (1)(a), or information under subsection (1)(b), must comply with the requirement unless the entity or holder has a reasonable excuse. (3) If the entity or holder is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual. Note— A contravention of subsection (2) is a contravention of the entity’s authority or holder’s approval.

120AD Audit report and submissions on report (1) An electricity entity or special approval holder required under section 120AA(1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to the regulator. (2) The copy must be given promptly after the audit is completed. (3) If the regulator appoints an independent auditor to carry out an audit concerning an electricity entity or special approval holder, the regulator must give the entity or holder— (a) a copy of the draft audit report and an opportunity to make submissions to the regulator on the draft report; and s 120AE 115 s 120B Electricity Act 1994 (b) a copy of the final audit report and an opportunity to make further submissions to the regulator on the final report.

120AE Disclosure of information (1) This section applies if an electricity entity or special approval holder gives the regulator written information about the entity or holder under this Act. (2) The regulator must disclose the information to QCA if— (a) QCA requests the disclosure for performing its functions; and (b) the entity or holder— (i) consents to the disclosure; or (ii) is required, under the entity’s authority or holder’s approval, to consent to the disclosure. Part 1A Queensland competition authority Division 1 Definitions

120A Definitions for pt 1A In this part— authority includes a special approval. electricity entity includes a special approval holder.

120B References to person involved in a contravention In this part, a reference to a person involved in a contravention is a reference to a person who— (a) has aided, abetted, counselled or procured the contravention; or s 120C 116 s 120C Electricity Act 1994 (b) has induced the contravention, whether through threats, promises or in another way; or (c) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or (d) has conspired with others to effect the contravention. Division 2 Conduct rules

120C QCA may prepare proposed conduct rules (1) The QCA may prepare proposed conduct rules. (2) The proposed rules may state— (a) the electricity entities or types or classes of entity to which the proposed rules are to apply; and (b) the way market conduct is to be regulated to promote the efficient and equitable operation of the electricity market. (3) The matters the rules may deal with include the following— (a) curtailing interference with customers seeking to change retail entity; (b) assigning responsibility amongst distribution entities, retail entities and customers, so that customers can change retailer quickly and at minimum cost; (c) the charges that may be levied by a distribution or retail entity on customers changing retailer; (d) ensuring the advice distribution or retail entities give to customers to induce customers to change or not change retailer is accurate; (e) ensuring a retail entity with contestable and non-contestable customers does not assign costs from one to the other to the detriment of non-contestable customers. s 120D 117 s 120E Electricity Act 1994

120D Public notice of proposed conduct rules (1) The QCA must give public notice of the proposed conduct rules. (2) The notice must— (a) state that the QCA has prepared proposed conduct rules; and (b) state the electricity entities to which the proposed rules are to apply; and (c) be published in a newspaper circulating generally in the State; and (d) state that the proposed rules may be inspected, and copies purchased, at the QCA’s office between times stated in the notice; and (e) state the cost of a copy of the proposed rules; and (f) invite submissions from any interested person; and (g) state a day, not earlier than 28 days from publication of the notice, by which submissions may be made to the QCA about the proposed rules.

120E Submissions on proposed conduct rules (1) A person may, no later than the last day for the making of submissions, make a submission to the QCA about the proposed conduct rules. (2) A submission must— (a) be in writing and signed by or for each person making the submission; and (b) state— (i) the name and address of each person making the submission; and (ii) the grounds of the submission and the facts and circumstances relied on in support of the grounds; and (c) be given to the QCA. s 120F 118 s 120I Electricity Act 1994

120F Changing proposed conduct rules The QCA must consider all submissions properly made to it and may change the proposed conduct rules after considering the submissions.

120G Adopting and notifying conduct rules (1) The proposed conduct rules, with or without change, become the conduct rules once adopted by the QCA by resolution after consideration of the submissions and notified by gazette notice. (2) The conduct rules take effect— (a) on a day stated in the notice; or (b) if no day is stated in the notice—on the day the notice is gazetted.

120GA QCA must advise Minister The QCA must advise the Minister immediately after the conduct rules take effect.

120GB Tabling of conduct rules in Legislative Assembly (1) A copy of the conduct rules must be tabled in the Legislative Assembly by the Minister within 14 sitting days after the conduct rules take effect. (2) The copy of the conduct rules is tabled for information only.

120H Conduct rules must not be contravened An electricity entity must not contravene a provision of the conduct rules that applies to the entity.

120I Conduct rules to be open for inspection (1) The QCA must keep a copy of the conduct rules available for inspection at its office at all times during which it is open for transaction of public business. s 120J 119 s 120L Electricity Act 1994 (2) The QCA must, on payment by a person of the reasonable fee fixed by the QCA, give a copy of the rules to the person.

120J Amending conduct rules The QCA may, at any time, prepare a proposed amendment of the conduct rules.

120K Public notice of proposed amendment (1) The QCA must give public notice of the proposed amendment of the conduct rules. (2) The notice must— (a) state that the QCA has adopted a proposed amendment of the conduct rules for the site; and (b) state the electricity entities affected by the amendment; and (c) state the nature of the proposed amendment; and (d) be published in a newspaper circulating generally in the State; and (e) state that the proposed amendment may be inspected, and copies purchased, at the QCA’s office between times stated in the notice; and (f) state the cost of a copy of the proposed amendment; and (g) invite submissions from any interested person; and (h) state a day, not earlier than 14 days from publication of the notice, by which submissions may be made to the QCA about the proposed amendment.

120L Submissions on proposed amendment (1) A person may, on or before the last day for the making of submissions, make a submission to the QCA about a proposed amendment of the conduct rules. (2) A submission must— s 120M 120 s 120NA Electricity Act 1994 (a) be in writing and signed by or for each person making the submission; and (b) state— (i) the name and address of each person making the submission; and (ii) the grounds of the submission and the facts and circumstances relied on in support of the grounds; and (c) be given to the QCA.

120M Changing proposed amendment The QCA must consider all submissions properly made to it and may change the proposed amendment of the conduct rules after considering the submissions.

120N Adopting amendment (1) The proposed amendment of the conduct rules, with or without change, becomes an amendment of the conduct rules once it is adopted by the QCA by resolution after consideration of the submissions and notified by gazette notice. (2) The amendment of the conduct rules takes effect— (a) on a day stated in the notice; or (b) if no day is stated in the notice—on the day the notice is gazetted.

120NA QCA must advise Minister The QCA must advise the Minister immediately after the amendment of the conduct rules takes effect. s 120NB 121 s 120Q Electricity Act 1994

120NB Tabling of amendment of conduct rules in Legislative Assembly (1) A copy of the amendment of the conduct rules must be tabled in the Legislative Assembly by the Minister within 14 sitting days after the amendment takes effect. (2) The copy of the amendment of the conduct rules is tabled for information only. Division 3 Enforcing conduct rules

120O Conduct notices (1) If the QCA is satisfied an electricity entity has contravened the conduct rules, it may make a written notice (a conduct notice) stating that the entity has contravened, or is contravening, the conduct rules. (2) A conduct notice must give particulars of the contravention stated in the notice.

120P Conduct notice to be given to electricity entity As soon as practicable after making a conduct notice, the QCA must give a copy of the notice to the electricity entity concerned.

120Q Duration of conduct notice (1) A conduct notice comes into effect— (a) when it is made; or (b) if the notice states a later time—at the later time. (2) A conduct notice ends— (a) on the day stated in the notice; or (b) if the notice is cancelled before that day—when it is cancelled. (3) The day stated in the notice must not be more than 1 year from when the notice comes into effect. s 120R 122 s 120T Electricity Act 1994 (4) If a conduct notice ends, this division does not prevent the QCA from making a fresh conduct notice about the same matter as the expired notice.

120R QCA to act promptly (1) This section applies if the QCA has reason to suspect an electricity entity has contravened, or is contravening, the conduct rules. (2) The QCA must act promptly in deciding whether to issue a conduct notice in relation to the contravention. (3) A failure to comply with subsection (1) does not effect the validity of a conduct notice.

120S Register of conduct notices (1) The QCA must keep a register of conduct notices. (2) The register must include particulars of all conduct notices, including expired conduct notices.

120T Penalty for breach of conduct rules (1) This section applies if, on the application of the QCA, the Supreme Court is satisfied a person has— (a) contravened the conduct rules; or (b) attempted to contravene the conduct rules; or (c) been involved in a contravention of the conduct rules. (2) The court may order the person to pay an amount to the State as a penalty of not more than— (a) for an individual—$100000; or (b) for a corporation—$500000. (3) In fixing a penalty, the court must consider the following— (a) the nature and extent of— (i) the contravention; and (ii) loss or damage suffered because of the contravention; s 120U 123 s 120V Electricity Act 1994 (b) the circumstances in which the contravention took place; (c) whether the person has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.

120U How order enforced If the Supreme Court orders payment of an amount under section 120T(2), the State may enforce the order as a judgment of the court for a debt of that amount.

120V Injunctions (1) The Supreme Court may, on the application of the QCA or any other person, grant an injunction if satisfied a person has engaged or is proposing to engage, in conduct that constitutes, or would constitute the following— (a) a contravention of the conduct rules; (b) attempting to contravene the conduct rules; (c) aiding, abetting, counselling or procuring a person to contravene the conduct rules; (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene the conduct rules; (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the conduct rules; (f) conspiring with others to contravene the conduct rules. (2) An injunction may be granted on conditions. (3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied a person has engaged, or is proposing to engage, in conduct of a kind mentioned in subsection (1). (4) The court may grant an interim injunction pending its decision on the application. s 120W 124 s 120W Electricity Act 1994 (5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages. (6) The court may amend an injunction or interim injunction. (7) An injunction or interim injunction restraining a person from engaging in conduct may be granted whether or not— (a) it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) the person has previously engaged in conduct of that kind; and (c) there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind. (8) An injunction or interim injunction requiring a person to do an act or thing may be granted whether or not— (a) it appears to the court that the person intends to fail again, or to continue to fail, to do that act or thing; and (b) the person has previously failed to do that act or thing; and (c) there is an imminent danger of substantial damage to another person if the person does not do that act or thing.

120W Actions for damages—breach of conduct rules (1) A person who suffers loss or damage because of another person’s conduct that contravened the conduct rules may recover the amount of the loss or damage by action in the Supreme Court against— (a) the other person; or (b) another person involved in the contravention. (2) The action may only be brought within 3 years from when the loss or damage was suffered. s 120X 125 s 120X Electricity Act 1994

120X Other orders—compensation for breach of conduct rules (1) This section applies if, in a proceeding under this division concerning a contravention of the conduct rules, the Supreme Court makes a finding that— (a) a party to the proceeding (the injured party) has suffered, or is likely to suffer, loss or damage; and (b) the loss or damage, or likely loss or damage, was caused by the alleged conduct of another party to the proceeding (the contravener) who engaged in the contravention. (2) The court may, on the application of the injured party, make orders it thinks appropriate against— (a) the contravener; or (b) another person involved in the contravention. (3) Before making an order, the court must be satisfied the order will— (a) compensate the injured party, in whole or in part, for the loss or damage; or (b) prevent or reduce the loss or damage. (4) The court may make an order whether or not it grants an injunction or makes another order under this division. (5) This section does not limit the court’s power to grant an injunction under this division. (6) The court’s powers under this section concerning a contract do not affect any powers that any other court may have concerning the contract in proceedings in that other court concerning the contract. Examples of orders the court may make under subsection (2)—

1 An order declaring the whole or part of a contract or collateral agreement between the injured party and the contravener, or between the injured party and another person involved in the contravention— (a) to be void; or (b) to have been void from a stated day.

2 An order amending a contract or arrangement mentioned in example 1 in a way the court thinks appropriate and declaring the s 120Y 126 s 120Z Electricity Act 1994 contract or arrangement to have had effect, as so amended, from a stated day.

3 An order refusing to enforce the whole or part of a contract or collateral arrangement mentioned in example 1.

4 An order directing the contravener or another person involved in the contravention to— (a) refund an amount or return property to the injured party; or (b) pay the injured party the amount of the loss or damage; or (c) at their own expense, supply stated goods or services to the injured party.

120Y Finding of fact to be evidence in proceedings (1) This section applies if a finding of any fact is made by a court in proceedings under section 120T or 120V, in which a person has been found to have contravened, or to have been involved in a contravention of, the conduct rules. (2) The finding is evidence of the fact in— (a) a proceeding under section 120W against the person; or (b) an application under section 120X for an order against the person. (3) The finding may be proved by producing a document under the seal of the court from which the finding appears.

120Z Conduct by directors, servants or agents (1) This section applies to a proceeding under this division. (2) If the proceeding concerns alleged conduct engaged in by a person to which the conduct rules apply and it is necessary to prove the person’s state of mind, it is enough to prove that— (a) a director, servant or agent (a representative) of a corporation that engaged in the conduct, acting within the scope of the representative’s actual or apparent authority, had the state of mind; or (b) a servant or agent of a person who engaged in the conduct, acting within the scope of the servant’s or agent’s actual or apparent authority, had the state of mind. s 120ZA 127 s 120ZA Electricity Act 1994 (3) Conduct engaged in for a corporation by the following persons is taken to have been engaged in by the corporation— (a) a representative of the corporation, acting within the scope of the representative’s actual or apparent authority; or (b) another person at the direction, or with the consent or agreement, of a representative of the corporation, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority. (4) Conduct engaged in for a person (the principal) by the following persons is taken to have been engaged in by the principal— (a) a servant or agent of the principal, acting within the scope of the servant’s or agent’s actual or apparent authority; or (b) another person at the direction or with the consent or agreement, of a servant or agent of the principal, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority. (5) In this section— consent or agreement includes an implied consent or agreement. state of mind, of a person, includes— (a) knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the person’s intention, opinion, belief or purpose.

120ZA When QCA must refer a matter to the regulator If the Supreme Court decides that an electricity entity has contravened the conduct rules, the QCA must refer the contravention to the regulator. s 120ZB 128 s 120ZC Electricity Act 1994

120ZB Action the regulator may take (1) If a contravention of the conduct rules is referred to the regulator by the QCA the regulator may take action under section 133(1). (2) To remove doubt, the regulator must not take any other action concerning the contravention. Division 4 Production of documents or information

120ZC Notice to produce documents or information (1) This section applies if the QCA is conducting an investigation to find out whether an electricity entity is complying with the conduct rules. (2) The QCA may, by written notice to the entity, require the entity to give the QCA the following things it believes, on reasonable grounds, are relevant to the investigation— (a) information within the entity’s knowledge or possession; (b) documents in the entity’s custody, possession or power. (3) The notice must state— (a) the information or documents required; and (b) a period in which the documents or information are to be given of no less than 7 days; and (c) a reasonable place at which the documents or information are to be given. (4) The entity must not contravene the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units. (5) An electricity entity is not required to comply with the notice if the entity claims, on the ground of self-incrimination, a privilege the entity would be entitled to claim against giving the information were the entity a witness in a prosecution for an offence in the Supreme Court. s 120ZCA 129 s 120ZE Electricity Act 1994 (6) If the entity claims that complying with the notice may tend to incriminate the entity, the QCA or the entity may apply to the Supreme Court to decide the validity of the claim.

120ZCA Disclosure of information (1) This section applies if an electricity entity or special approval holder gives QCA written information about the entity or holder under this Act, the Electricity–National Scheme (Queensland) Act 1997 or the National Electricity Rules. (2) QCA must disclose the information to the regulator if— (a) the regulator requests the disclosure for performing the regulator’s functions; and (b) the entity or holder— (i) consents to the disclosure; or (ii) is required, under the entity’s authority or holder’s approval, to consent to the disclosure. Part 1B Disputes referred to energy mediator

120ZD Application of pt 1B This part applies if, under section 119(5),26 a dispute has been referred to an energy mediator.

120ZE Notice of referral to parties to dispute The regulator must give the parties to the dispute written notice stating— (a) the dispute has been referred to an energy mediator; and (b) the mediator’s name.

26 Section 119 (Regulator’s role in disputes between electricity entity and customers or occupiers) s 120ZF 130 s 120ZH Electricity Act 1994

120ZF Disclosure of interests (1) An energy mediator must not mediate the dispute if— (a) the mediator has a direct or indirect interest in the dispute; and (b) the interest could conflict with the appropriate performance of the mediator’s functions concerning the dispute. (2) However, subsection (1) does not apply if the interest consists only of the receipt of services, or information about electricity supply, that— (a) are also available to members of the public; and (b) are made available on the same terms that apply to members of the public. (3) If subsection (1) applies, the energy mediator must advise the regulator of the potential conflict of interest. (4) After receiving the advice, the regulator must refer the dispute to another energy mediator and give notice under section 120ZE about the referral.

120ZG Presentation of cases (1) Each party to the dispute must conduct their own case before the energy mediator. (2) A party may be represented by an agent only if the mediator agrees. (3) However, a party must not be represented by a lawyer unless— (a) the parties to the dispute agree; and (b) the mediator is satisfied there is no disadvantage to a party to the dispute.

120ZH Parties bear own costs Each party to the mediation of the dispute must bear their own costs of the mediation. s 120ZI 131 s 120ZK Electricity Act 1994

120ZI Conduct of mediation (1) The energy mediator must act as an independent mediator and not make a decision or judgment about the dispute or part of the dispute. (2) The mediator may conduct the mediation of the dispute in the way he or she considers appropriate to attempt to resolve the dispute.

120ZJ Energy mediator to maintain secrecy (1) The energy mediator must not, without reasonable excuse, disclose information about a matter coming to the mediator’s knowledge during the mediation of the dispute. Maximum penalty—40 penalty units. (2) It is a reasonable excuse to disclose information if the disclosure is made— (a) with the agreement of all parties to the dispute; or (b) for this Act; or (c) for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or (d) for an inquiry or proceeding about an offence happening during the mediation; or (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the mediation; or (f) under a requirement imposed under an Act.

120ZK Ordinary protection and immunity allowed (1) An energy mediator has, in mediating the dispute, the same protection and immunity as a judge performing the functions of a judge. (2) A party to the dispute in the mediation, and any lawyer or other agent representing the party under section 120ZG, has the same protection and immunity the party would have if the s 120ZL 132 s 120ZN Electricity Act 1994 mediation were a proceeding being heard before the Supreme Court. (3) A document produced at, or used for, the mediation has the same protection during the mediation it would have if produced before the Supreme Court.

120ZL Admissions made to energy mediators (1) Evidence of anything done or said, or an admission made, at a mediation of the dispute is admissible in a proceeding before an energy arbitrator or elsewhere only if all parties to the dispute agree. (2) In this section— proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the mediation.

120ZM Mediated agreement (1) If, at the mediation of the dispute, the parties to the dispute negotiate an agreement (a mediated agreement) about the dispute or part of the dispute, the agreement must be written down and signed by or for each party and by the energy mediator. (2) The agreement has the same effect as any other compromise.

120ZN When mediation ends (1) The mediation of the dispute ends— (a) on the making of a mediated agreement about the whole of the dispute; or (b) if the parties to the dispute agree the mediation is ended; or (c) if a party to the dispute requests, under section 119(6)(a), it be referred to an energy arbitrator. (2) The mediation of the dispute is taken to end on the later of the following days— s 120ZO 133 s 120ZR Electricity Act 1994 (a) 28 days after the dispute is referred to the energy mediator; (b) if the parties to the dispute agree within the 28 days to a later day—the later day. (3) The later day can not be more than 56 days after the referral.

120ZO Energy mediator’s report to regulator The energy mediator must, as soon as practicable after the mediation ends, give the regulator— (a) a written report on the outcome of the mediation; and (b) a copy of any mediated agreement made between the parties to the dispute. Part 1C Disputes referred to energy arbitrator Division 1 Preliminary

120ZP Application of pt 1C This part applies for a referral, under section 119(6), of a dispute to an energy arbitrator.

120ZQ Excluded Commercial Arbitration Act 1990 The Commercial Arbitration Act 1990 does not apply to a dispute to which this part applies.

120ZR Exclusion of other jurisdictions (1) If, under this part, a dispute has been referred to an energy arbitrator, the following matters are not justiciable by a court or tribunal at the instigation of an electricity entity that is a party to the dispute— s 120ZS 134 s 120ZT Electricity Act 1994 (a) the issue in dispute; (b) any issue that emerges in the course of the arbitration. (2) However, subsection (1) does not apply if— (a) the proceeding before the court or tribunal was started before the dispute was referred to the energy arbitrator; or (b) the referral to the energy arbitrator has been withdrawn or struck out for want of jurisdiction; or (c) the energy arbitrator decides that, because of the nature or complexity of an issue, the dispute should not be heard by the energy arbitrator. Division 2 Referring and arbitrating disputes

120ZS Giving notice of referral to parties to dispute (1) If the regulator refers a dispute to an energy arbitrator, the regulator must give the parties written notice of the referral. (2) The notice must state the following— (a) that the dispute has been referred to an energy arbitrator; (b) the arbitrator’s name.

120ZT Disclosure of interests (1) The energy arbitrator must not arbitrate a dispute if— (a) the energy arbitrator has a direct or indirect interest in the dispute; and (b) the interest could conflict with the appropriate performance of the energy arbitrator’s functions concerning the dispute. (2) However, this section does not apply to the energy arbitrator if the interest consists only of the receipt of services, or information about electricity supply, that— (a) are also available to members of the public; and s 120ZU 135 s 120ZV Electricity Act 1994 (b) are made available on the same terms that apply to members of the public. (3) If subsection (1) applies, the energy arbitrator must advise the regulator of the potential conflict of interest. (4) After receiving the advice, the regulator must refer the dispute to another energy arbitrator and give notice under section 120ZS about the referral.

120ZU Presentation of cases (1) Each party to a dispute before the energy arbitrator must conduct their own case. (2) A party may only be represented by an agent if the energy arbitrator agrees. (3) A party must not be represented by a lawyer under subsection (2) unless— (a) the parties to the dispute agree; and (b) the energy arbitrator is satisfied there is no disadvantage to a party to the dispute.

120ZV Conduct of arbitration (1) Evidence in the dispute may be given to the energy arbitrator in the way the energy arbitrator considers appropriate. (2) Subject to this Act, the energy arbitrator— (a) may conduct the arbitration in the way he or she considers appropriate; and (b) is not bound by the rules of evidence and may inform himself or herself in the way he or she considers appropriate. (3) Without limiting subsection (2), the energy arbitrator may rely on evidence given to the regulator in the course of the regulator attempting to settle the dispute. s 120ZW 136 s 120ZY Electricity Act 1994

120ZW Ordinary protection and immunity allowed (1) An energy arbitrator has, in arbitrating the dispute, the same protection and immunity as a judge performing the functions of a judge. (2) A party to the dispute in the arbitration, and any lawyer or other agent representing the party under section 120ZU, has the same protection and immunity the party would have if the arbitration were a proceeding being heard before the Supreme Court. (3) A document produced at, or used for, an arbitration has the same protection during the arbitration it would have if produced before the Supreme Court.

120ZX Power to require information from party to dispute (1) A party to the dispute must give the energy arbitrator the information the energy arbitrator reasonably requires to perform the energy arbitrator’s functions. (2) The information must be given within a reasonable time after the energy arbitrator asks for it. (3) A person must not contravene a requirement under this section without reasonable excuse. Maximum penalty—500 penalty units. (4) It is a reasonable excuse for a person not to comply with a requirement if doing so might tend to incriminate the person. Division 3 Orders and enforcement

120ZY Orders that can be made (1) The energy arbitrator may make the following orders against an electricity entity that is a party to a dispute— (a) an order that the electricity entity must pay to another party to the dispute an amount of no more than $20000; (b) a non-monetary order the energy arbitrator considers appropriate against the electricity entity to remedy any issue in the dispute. s 120ZZ 137 s 120ZZC Electricity Act 1994 (2) When making the order, the energy arbitrator must consider the following— (a) the objects of this Act; (b) the rights and obligations of the parties under this Act, including under any contract between the parties. (3) Despite subsection (1)(b), the energy arbitrator can not cancel, suspend or amend the authority of an electricity entity.

120ZZ No costs Costs may not be awarded by the energy arbitrator to or against a party to the dispute.

120ZZA Copy of order to be given to parties The energy arbitrator must give a copy of any order given concerning the dispute to the parties to the dispute.

120ZZB Order final (1) Subject to section 120ZZC, an order made by the energy arbitrator binds an electricity entity that is a party to the dispute. (2) The entity may not apply for review of, or appeal against, the order other than under the Judicial Review Act 1991.

120ZZC Party, other than electricity entity, to advise whether order accepted (1) A party to a dispute, other than the electricity entity, must give written notice to the regulator if the party decides not to accept the energy arbitrator’s order against the electricity entity. (2) The notice must be given within 21 days after the party receives a copy of the order. (3) If a notice under subsection (1) is not given within the 21 days, the party is taken to have accepted the order and the order binds the party. s 120ZZD 138 s 120ZZG Electricity Act 1994 (4) If the order is binding on the party, the party may not apply for a review of, or appeal against, the order other than under the Judicial Review Act 1991.

120ZZD When order takes effect An order by the energy arbitrator takes effect— (a) when the order is made; or (b) if the order states a later day or event for the order to take effect—on the later day or event.

120ZZE Failure to comply with order (1) An electricity entity must comply with an order of the energy arbitrator. (2) If an electricity entity contravenes an order of the energy arbitrator, the other party to the dispute may refer the matter to the regulator. (3) If the matter is referred to the regulator by the other party, the regulator may take action against the electricity entity under section 133(1).

120ZZF How order enforced (1) If the energy arbitrator orders an electricity entity to pay an amount to a person, the person may enforce the order by filing the order in a Magistrates Court. (2) Once the order is filed, it is taken to be a judgment of the Magistrates Court.

120ZZG Energy arbitrator’s report to regulator The energy arbitrator must give the regulator— (a) a written report on the outcome of the arbitration; and (b) a copy of any order made by the energy arbitrator in the arbitration. s 121 139 s 122 Electricity Act 1994 Part 2 Restrictions and rationing Division 1 Electricity restriction regulations

121 Purpose of electricity restriction regulations The purpose of an electricity restriction regulation is to restrict the use of electricity provided through a transmission grid or supply network or part of a transmission grid or supply network to ensure there is a regular, economically efficient and constant supply of electricity within the available supply capacity of the transmission grid or supply network or part of the transmission grid or supply network. Example— There are limitations in the capacity of generating plant or other works of an electricity entity. The use of large appliances (for example, industrial welders and large self-contained refrigerative airconditioners) may affect the quality of electricity supply to customers by causing unacceptable variations in voltage. It may not be economically practicable to increase the electricity entity’s generating plant capacity to cater for the large appliances. In the interests of maintaining supply for all customers, it may be necessary or desirable to make an electricity restriction regulation to restrict the use of the large appliances.

122 Electricity restriction regulations (1) A regulation (an electricity restriction regulation) may restrict the use of electricity provided through a transmission grid or supply network in a way the Governor in Council considers necessary or desirable to achieve the regulation’s purpose. (2) An electricity restriction regulation may restrict the use of electricity by regulating the use of electricity provided through a transmission grid or supply network, including, for example, by regulating— (a) the customers that may receive electricity; and (b) the maximum demand that may be imposed on the transmission grid or supply network by an electrical installation; and s 124 140 s 125 Electricity Act 1994 (c) the purposes for which electricity supplied through the transmission grid or supply network may be used; and (d) the electrical equipment that may be used by customers entitled to be provided with electricity through the transmission grid or supply network. (3) An electricity restriction regulation must state the purpose to be achieved by the regulation. Division 2 Emergency rationing orders

124 Making of emergency rationing orders (1) The Minister may, by gazette notice, make an order rationing the use of electricity (an emergency rationing order). (2) The Minister may make the order only if satisfied that— (a) because of an emergency, an electricity entity can not supply the electricity needed by its customers; and (b) the making of the order is necessary to enable continued supply of electricity by restricting electricity use to the level of available supply. (3) The order must outline the nature of the emergency.

125 Making of emergency rationing orders other than by gazette notice (1) If the Minister is satisfied that it is necessary, because of extraordinary circumstances, to make an emergency rationing order other than by gazette notice, the Minister may make the order and immediately advertise the making of the order in the way the Minister considers most appropriate to notify persons likely to be affected by the order. (2) The order expires if it is not notified in the gazette within 3 days after it is made. (3) The order also expires if it is not tabled in the Legislative Assembly on the next sitting day after it is made. s 126 141 s 129 Electricity Act 1994

126 What order may provide An emergency rationing order may regulate the use or supply of electricity in the way the Minister considers necessary to enable the continued supply of electricity in the emergency.

127 Advertisement of order A distribution entity whose distribution area is affected by an emergency rationing order must advertise the order, the repeal or expiry of the order, and any amendment of the order, as prescribed under the regulations.

128 Period of operation of order (1) The Minister must repeal the emergency rationing order as soon as possible after the Minister is satisfied the order is no longer necessary to enable the continued supply of electricity or the emergency no longer exists. (2) The order expires 1 month after it is gazetted, unless it is earlier repealed or the order states it operates for a shorter period. (3) Subsection (1) does not stop the making of a fresh emergency rationing order.

129 Emergency rationing order prevails over existing agreements with customers (1) If there is an inconsistency between an emergency rationing order and an agreement between an electricity entity or special approval holder and a customer, the order prevails to the extent of the inconsistency. (2) However, subsection (1) alone does not limit the liability of the electricity entity or special approval holder for failure to supply electricity to a customer. s 129A 142 s 129B Electricity Act 1994 Division 3 Limitation on restrictions and rationing

129A Limitation for Stanwell Magnesium Plant (1) This section applies if, apart from this section, an electricity restriction regulation or emergency rationing order applies to the supply of electricity to, or the use of electricity at, the Stanwell Magnesium Plant. (2) The regulation or rationing order applies only to the supply of electricity to, or the use of electricity at, the plant that is more than the demand prescribed under a regulation. (3) The prescribed demand— (a) must be at least 50MW; but (b) must not be more than 100MW. (4) Subsection (2) applies despite any other provision of this part. (5) In this section— Stanwell Magnesium Plant means the magnesium production plant that Australian Magnesium Operations Pty Ltd (ABN 38 058 918 175) has built, or proposes to build, adjacent to the electricity generating facility at Stanwell called the ‘Stanwell Power Station.

129B Expiry of div 3 This division expires on 31 December 2033. s 130 143 s 130 Electricity Act 1994 Part 3 Action by regulator to ensure supply of electricity by electricity entities

130 Governor in Council may authorise regulator to take over operation of relevant operations (1) This section applies if the regulator advises the Minister that the regulator is satisfied, on reasonable grounds, that— (a) an electricity entity (the defaulting entity)— (i) has contravened this Act; or (ii) has contravened a condition of its authority; or (iii) if the defaulting entity is a Registered participant— (A) has had its registration as a code participant cancelled or suspended; or (B) is the subject of a direction given by NEMMCO or an order made by the Australian Energy Regulator or a court; or (iv) has had its authority cancelled, amended or suspended; or (v) is insolvent or is likely to become insolvent; or (vi) is not, or is no longer, a suitable person to hold an authority of the type it holds; and (b) to ensure customers receive an adequate, reliable and secure supply of electricity, it is necessary for the regulator to take over the operation of the whole or part of the defaulting entity’s operating works and business (the relevant operations). (2) If this section applies, the Governor in Council may by gazette notice, authorise the regulator to take over the operation of the relevant operations for the time the regulator considers necessary to ensure customers receive an adequate, reliable and secure supply of electricity. (3) The authority may provide for any matter for which it is necessary or convenient to help the regulator take over the operation of the relevant operations. s 131 144 s 131 Electricity Act 1994 (4) The Governor in Council must notify the making of an authorisation under subsection (2) by gazette notice within 14 days. (5) Failure to notify under subsection (4) does not invalidate the authorisation.

131 Effect of regulator taking over operation of relevant operations (1) On the regulator taking over the operation of a defaulting entity’s relevant operations, the relevant operations may be operated by the person (the operator) appointed by the regulator. (2) The operator need not be an electricity entity. (3) The operator— (a) must comply with the conditions that applied to the defaulting entity that the regulator states in the appointment; and (b) must comply with any conditions imposed and directions given by the regulator; and (c) must comply with provisions of this Act about the operation of the relevant operations; and (d) may enter— (i) the site of relevant operations; and (ii) other property necessary for the efficient operation of the relevant operations (including necessary access to the relevant operations and other property). (4) The operator may do all things necessary or convenient to ensure the relevant operations continue to operate as required by the regulator. Examples of things that the operator may do— (a) employ, or continuing to employ, employees at the relevant operations; and (b) enter into contracts for the supply of fuel and the provision of customer connection services and customer retail services s 131 145 s 131 Electricity Act 1994 (5) The defaulting entity and other persons in possession or occupancy of property concerning the operation of the relevant operations must give the operator access to the property necessary to enter to enable the efficient operation of the relevant operations. Maximum penalty—500 penalty units or 6 months imprisonment. (6) The defaulting entity and anyone else in possession or occupancy of property must not take action, or refuse to take action, if the taking of the action, or the refusing to take the action, has the effect of preventing or hindering the operation of the relevant operations under this section. Maximum penalty—1000 penalty units or 6 months imprisonment. (7) Subsections (5) and (6) do not apply to an act done, or omission made, during or in connection with industrial action (within the meaning of the Industrial Relations Act 1999). (8) The owner of the relevant operations and the defaulting entity are liable for the cost of the operation of the relevant operations by the operator. (9) The person who would, apart from this section, have the right to the proceeds from the operation of the relevant operations has the right to receive the income received by the operator from operating the relevant operations less all costs (including operating fees approved by the regulator) properly included in operating the relevant operations. (10) The disposal of, or other dealing in, the relevant operations does not affect the operation of this section. (11) For this section— (a) an electricity entity is solvent if the entity is able to pay all of the entity’s debts, as and when they become due and payable; and (b) an electricity entity that is not solvent is insolvent. s 131A 146 s 131A Electricity Act 1994 Part 3A Retailer of last resort

131A Retailer of last resort scheme (1) A regulation may provide for— (a) the establishment of a scheme to be known as the ‘retailer of last resort scheme’; and (b) the compulsory participation by electricity entities in the scheme. (2) The primary objects of the scheme are to provide for— (a) the management of the effects of a retail entity not being able to provide customer retail services to its customers (defaulting retailer); and (b) the protection of customers of a defaulting retailer from interruption in the supply and sale of electricity to them. (3) Without limiting subsections (1) and (2), a regulation may make provision about any of the following matters— (a) other objects of the scheme; (b) the circumstances in which the scheme will operate; (c) the electricity entities required to participate in the scheme; (d) the customers or class of customers to benefit from the scheme; (e) establishing a regulated default customer sale contract or a regulated default customer connection contract (either of which may include different terms for different classes of customer); (f) providing for the effects of a declaration that the scheme applies to a defaulting retailer and its affected customers, including, for example, the following— (i) the charter of the scheme (including the duration of the scheme and other matters concerning its administration); (ii) ending the defaulting retailer’s customer sale contracts with its affected customers; s 131A 147 s 131A Electricity Act 1994 (iii) ending the defaulting retailer’s customer connection contract for its affected customers’ premises; (iv) a regulated default customer sale contract taken to be entered into between each of the affected customers and the retailer of last resort; (v) a regulated default customer connection contract taken to be entered into between the retailer of last resort and a distribution entity or entities for the premises of each affected customer; (g) the functions and the powers of the regulator concerning the scheme, including— (i) establishing the charter of the scheme for a particular defaulting retailer and its affected customers; (ii) declaring the scheme applies to a particular defaulting retail entity and to particular customers or class of customers; (iii) appointing the electricity entity or entities who is or are to be the retailer of last resort (including procedures to be followed in making the appointment); (iv) supervising and giving directions to the retailer of last resort concerning the administration of a scheme; (h) imposing conditions in relevant authorities to give effect to the matters in this section; (i) anything necessary or convenient to help or give effect to the provisions of this part. s 132 148 s 133 Electricity Act 1994 Part 4 Disciplinary action against electricity entities

132 Grounds for disciplinary action (1) Each of the following is a ground for taking disciplinary action against an electricity entity— (a) the entity’s authority was obtained by incorrect or misleading information; (b) the entity has contravened this Act or the Electrical Safety Act; (c) the entity has contravened a condition of its authority; (d) the entity is not, or is no longer, a suitable person to be the holder of an authority of the relevant type; (e) for a generation entity, transmission entity or distribution entity—the owner of the generating plant, transmission grid or supply network is not, or is no longer, a suitable person to be the owner. (2) The question whether a person is, or continues to be, a suitable person is decided in the same way as the question whether the person would be a suitable person for the issue of an authority of the relevant type.

133 Types of disciplinary action (1) The regulator may take the following disciplinary action against an electricity entity— (a) for a generation entity or transmission entity—cancel, suspend or amend its authority; (b) for a distribution entity—cancel, suspend or amend its authority for its distribution area or part of its distribution area; (c) for a retail entity—cancel, suspend or amend its authority. (2) The regulator may only take disciplinary action against an electricity entity for a contravention of the conduct rules if the contravention has been referred to the regulator by the QCA. s 133 149 s 133 Electricity Act 1994 (3) The regulator is limited to the disciplinary action under subsection (1) in relation to a contravention of the conduct rules. (4) If the ground for taking disciplinary action is that the electricity entity has contravened this Act, the Electrical Safety Act or a condition of its authority, the regulator may impose a penalty of not more than 1333 penalty units for each contravention. (5) If the ground for taking disciplinary action is that the electricity entity has contravened a condition of its authority by holding a prohibited interest, in addition to the penalty under subsection (4), the regulator may decide that 1 or more of the interests that gave rise to the contravention must be disposed of. (6) The regulator may make a decision under subsection (5) based on the information that the regulator considers sufficient in the circumstances. (7) If the regulator makes a decision under subsection (5), the regulator must give written notice of the decision to— (a) the electricity entity that has contravened a condition of its authority by holding a prohibited interest (the offending electricity entity); or (b) if the offending electricity entity does not hold the prohibited interest—to the person who holds the interest the subject of the decision. (8) The notice must require the offending electricity entity or the other person to dispose of the interest the subject of the decision within a stated time of not less than 90 days. (9) For subsection (8), the interest must not be disposed of to a person, if the disposal would result in a contravention of a condition of the offending electricity entity’s authority. (10) A decision of the regulator under subsection (5) takes effect when written notice is given to the offending electricity entity or the other person. (11) If the offending electricity entity or person is given a notice requiring disposal of an interest and the person or entity does not comply with the notice within the time stated in the notice, s 133 150 s 133 Electricity Act 1994 the interest the subject of the decision is forfeited to the State, free from any mortgage, charge, lien, pledge, restriction or other encumbrance. (12) The regulator must sell any forfeited interest under subsection (11). (13) An amount from the sale of a forfeited interest, after deduction of reasonable costs of forfeiture and sale, must be paid to the person from whom the interest was forfeited. (14) The regulator may, by written notice to the offending electricity entity or other person, amend or cancel a decision made by the regulator under subsection (5) with effect from the day of the decision or some other day fixed by the regulator. (15) The regulator may take action under this section even though the regulator issued, contrary to this Act, an authority that gave rise to the contravention of a condition of the offending electricity entity’s authority by its holding a prohibited interest. (16) The regulator may take the action stated in subsection (17) if the regulator— (a) makes a decision under subsection (5) and the ground for making the decision is that a person (the offender) has a prohibited interest, because the person is in a position to exercise control over a person, entity or authority or thing; or (b) forms the opinion that the offender has a prohibited interest of the kind contemplated by schedule 2, section 3B(b)(iii). (17) For subsection (16), the regulator may, by written notice served on the offender, decide that the offender must do 1 or more of the following to the extent necessary to prevent there being a prohibited interest within a stated reasonable time of less than 90 days— (a) stop exercising control over the person, entity or authority; (b) end any relevant agreement, arrangement, understanding or undertaking; s 133 151 s 133 Electricity Act 1994 (c) take, or refrain from taking, any other action stated in the notice. (18) Subsections (6), (10), (14) and (15) apply to a decision made by the regulator under subsection (16). (19) If an electricity entity fails to pay a penalty under this section within the time allowed by the regulator, the regulator may take further action for the contravention for which the penalty was imposed. (20) A reference in this section to amending an authority includes a reference to amending its conditions. (21) In this section— authority (other than in subsections (1) and (20)) includes a special approval. electricity entity (other than in subsections (1) and (20)) includes a special approval holder. interest includes the following— (a) a legal or equitable interest in shares, stock, units or voting rights; (b) a legal or equitable right to acquire shares, stock, units or voting rights; (c) a right to decide the way in which a vote or other interest attaching to shares, stock, units or voting rights will be exercised; (d) a right under an agreement, an arrangement, a contract, a deed an understanding or an undertaking; (e) other rights or interests capable of conveyance, transfer, sale, disposal or assignment; (f) another interest prescribed by regulation. sell means— (a) sell by wholesale, retail or auction; or (b) agree, attempt or offer to sell; or (c) possess, expose or advertise for sale; or (d) cause or permit to be sold. s 134 152 s 134 Electricity Act 1994

134 Procedure for disciplinary action (1) If the regulator considers a ground exists to take disciplinary action against an electricity entity, the regulator must, before taking the disciplinary action, give the entity a written notice— (a) stating the regulator is considering taking disciplinary action against the entity; and (b) stating the proposed disciplinary action; and (c) stating the grounds for the proposed disciplinary action; and (d) outlining the facts and circumstances forming the basis for the grounds; and (e) inviting the entity to show, within a stated time of at least 7 days, why the proposed disciplinary action should not be taken. (2) If, after considering all written representations made by the electricity entity within the stated time, the regulator still considers a ground exists to take the disciplinary action, the regulator may take the disciplinary action. (3) However, before cancelling or directing the cancellation of an electricity entity’s authority, the regulator must consider the effect of the cancellation on persons who are provided or supplied with electricity or other services by the entity and the availability of alternative sources of electricity or services. (4) The regulator must inform the electricity entity of the decision by written notice. (5) If the regulator decides to take disciplinary action against the electricity entity, the notice must state the reasons for the decision. (6) The decision takes effect on the later of— (a) the day when the notice is given to the electricity entity; or (b) the day of effect stated in the notice. s 135 153 s 135AA Electricity Act 1994

135 Penalty recoverable as debt A penalty imposed by the regulator on an electricity entity may be recovered as a debt owing to the State. Chapter 5A 13% gas scheme Part 1 Introduction Division 1 Purposes of chapter

135A Main purposes of ch 5A The main purposes of this chapter are to— (a) reduce the growth in greenhouse gases associated with electricity use in the State; and (b) contribute to the diversification of the State’s energy mix towards the greater use of gas in electricity generation; and (c) encourage the development of new gas sources and gas infrastructure to meet the State’s future energy requirements.

135AA How main purposes are achieved (1) The main purposes of this chapter are achieved by providing for a certificate-based scheme. (2) The scheme consists of— (a) persons (called ‘accredited generators’) who generate, or who are involved in the generation of, particular gas-fired electricity that supports the State’s electricity load; and s 135AA 154 s 135AA Electricity Act 1994 (b) persons (called ‘liable persons’), most of whom are retail entities and others who sell or use electricity in the State, who have a liability under the scheme. (3) Under the scheme— (a) accredited generators can create gas electricity certificates (each called a GEC) for each MWh of particular gas-fired electricity worked out under part 327 (eligible gas-fired electricity) generated by the accredited power station; and (b) accredited generators may sell GECs to liable persons and anyone else registered under this chapter as a scheme participant who wishes to trade in GECs; and (c) liable persons must surrender to the regulator the number of GECs that, in general terms, equates to 13% of the electricity sold or used by them for each year from 2005 to 2019; and (d) accredited generators and persons registered under part 628 as scheme participants may, subject to part 4, division 4,29 sell, transfer or surrender their GECS. (4) Accredited generators and persons registered under part 6 are collectively called a scheme participant.30 (5) It is Parliament’s expectation that income earned from the sale of GECs will help gas-fired electricity to compete with electricity generated from other more greenhouse-intensive energy sources.

27 Part 3 (Eligible gas-fired electricity)

28 Part 6 (Scheme participants)

29 Part 4, division 4 (Dealings with GECs)

30 For persons who are taken to be registered under part 6 as a scheme participant, see sections 135BO (Effect of surrender), 135BZ (Effect of cancellation) and 135GH (Who obtains the benefit of liable load exemption). s 135AB 155 s 135AB Electricity Act 1994 Division 2 Definitions for ch 5A

135AB Power stations and their nameplate capacity (1) A power station is an electricity generating plant or system. (2) Power station also includes all buildings, components, equipment and infrastructure of the plant or system directly related to its operation or to its electricity production, including, for example, a thing needed— (a) to store, retrieve, measure, distribute or prepare the fuel or energy source for the plant or system; or (b) to combust, convert or otherwise use the fuel or energy source for the plant or system to generate electricity directly or to energise an intermediate medium; or Example of an intermediate medium— steam, produced from the burning of fuel in a boiler, that is used to drive a steam turbine to generate electricity (c) to convert the energy in an intermediate medium into electricity; or (d) to control, switch or transform the electricity generated; or (e) to control the processes involved in the main and auxiliary processes associated with the electricity generation; or (f) to control emissions to ensure compliance with a relevant environmental authority under the Environmental Protection Act 1994 if the thing is directly related to the electricity generation; or (g) to do any of the following for a matter or process mentioned in paragraphs (a) to (f)— (i) cooling; (ii) heating; (iii) preparing or distributing a fluid or gas to use in, or to control, the matter or process; (iv) distributing or controlling electricity used; s 135AC 156 s 135AD Electricity Act 1994 (v) metering, recording or transmitting relevant parameters; (vi) waste disposal or removal; or (h) to comply with the Workplace Health and Safety Act 1995 or a requirement or standard under any other Act relating to safety if the thing is directly related to the electricity generation. (3) However, a thing mentioned in subsection (2) is not part of the power station if it— (a) is located more than 1km from the boundary of the plant or system; or (b) is only used to— (i) extract or mine a fuel source for the plant or system; or (ii) separate or process wastes only part of which form a fuel source for the power station. (4) A power station’s nameplate capacity is the capacity of its main generating unit or units, as stated by its manufacturer.

135AC Who is the economic operator of a power station The economic operator of a power station is— (a) the person who, under the National Electricity Rules, is registered as the generator for the power station; or (b) if no one is registered, or required to be registered, under the Rules as the generator for the power station—the person who has the physical control of the power station. Example for paragraph (b)— a person who has the physical control of a power station not connected to the national grid

135AD What is eligible fuel (1) An eligible fuel is— (a) natural gas formed naturally in the earth; or s 135AD 157 s 135AD Electricity Act 1994 Examples— • liquefied natural gas or ‘LNG’ • compressed natural gas or ‘CNG’ • gas (commonly called ‘coal seam gas’) occurring naturally in association with coal and produced as a resource in its own right • gas (commonly called ‘waste mine gas’) occurring naturally in association with coal and— (a) released during the process of coal mining, either directly or indirectly by disturbance of gas-bearing strata; or (b) released before mining for the purpose of safety; or (c) drained from underground areas previously mined for coal (b) a substance that is— (i) a by-product of processes carried out at a petroleum refinery; and (ii) a gas at an absolute pressure of 101.325kPa and at a temperature of 15ºC; or (c) a gas not formed naturally in the earth that consists predominately of methane and— (i) is of the prescribed quality for fuel gas under the Petroleum and Gas (Production and Safety) Act

2004 (whether or not the gas is fuel gas as defined under that Act); or (ii) is of another quality approved under that Act; or (iii) is of a quality prescribed under a regulation; or (d) liquefied petroleum gas. (2) However, eligible fuel does not include an eligible renewable energy source under the Renewable Energy (Electricity) Act

2000 (Cwlth). (3) In this section— petroleum refinery means an organised and coordinated arrangement of manufacturing processes the primary purpose of which is to separate and purify crude oil for the production and sale of liquid fuel products. s 135AE 158 s 135AF Electricity Act 1994

135AE What is auxiliary load for a power station (1) Auxiliary load, for a power station, is— (a) electricity used within the power station as part of an electricity generation process; or (b) electricity— (i) used within its boundaries to power buildings, components, equipment or infrastructure that are not part of the power station; and (ii) that is not separately metered from electricity mentioned in paragraph (a); or (c) electricity used for a purpose mentioned in paragraph (a) or (b) at any time from when the power station first sends out electricity to a grid; or (d) electricity used to run the power station in synchronous condenser mode if the electricity is able to be separately measured and is distinguishable from other energy uses for the power station. (2) However, if electricity used within a power station as part of an electricity generation process is a pumping load for a pumped storage hydro power station, only the proportion of the load that is equal to the amount of the electricity generated that is sent out by the power station is auxiliary load.

135AF What is a major grid and a small grid (1) A major grid is— (a) a supply network or transmission grid if— (i) it is not interconnected with another transmission grid or supply network; and (ii) the power stations connected to it have a combined nameplate capacity of more than 100MW; or (b) a network of interconnected transmission grids or supply networks the power stations connected to which have a combined nameplate capacity of more than 100MW. s 135AG 159 s 135AI Electricity Act 1994 (2) A small grid is— (a) a supply network or transmission grid if— (i) it is not interconnected with another transmission grid or supply network; and (ii) the power stations connected to it have a combined nameplate capacity of 100MW or less; or (b) a network of interconnected transmission grids or supply networks the power stations connected to which have a combined nameplate capacity of 100MW or less.

135AG What is a substantive traceable link to a major grid A substantive traceable link, to a major grid, is a connection of electric lines that allows electricity to be sent into or received from the grid.

135AH What is a direct supply arrangement A direct supply arrangement is an arrangement under which— (a) a power station supplies electricity to an end user in the State using a dedicated line; or (b) electricity is supplied to a customer in the State through a grid if— (i) the grid is not directly or indirectly connected to the national grid; and (ii) 90% or more of the annual electricity supplied to the grid is generated from eligible fuels.

135AI What is an electricity load (1) An electricity load is an amount of electricity to supply all or part of the electricity of— (a) a customer or a group of customers; or (b) an end user, or a group of end users, of electricity. s 135AJ 160 s 135AK Electricity Act 1994 (2) The electricity load of the State is the total amount of electricity to supply the needs of end users of electricity who are in the State.

135AJ Who are the baseline customers of a power station (1) A baseline customer, of a power station, is each person mentioned in subsection (2)— (a) who is a customer of the power station or to whom the power station supplies electricity; and (b) who is in the State; and (c) to whom the power station delivers electricity generated from eligible fuels. (2) For subsection (1), the persons are— (a) a person to whom the power station supplies electricity under a direct supply arrangement; and (b) NEMMCO; and (c) if the power station is not directly or indirectly connected to the national grid—a retailer supplying electricity under a direct supply arrangement. (3) Subsection (1) applies even if, under part 3, division 5, the amount of the baseline for the person is 0.

135AK Other definitions for ch 5A In this chapter— 13% liability see section 135EM(1). accreditation means accredited as an accredited generator under part 2. accredited generator means a person who holds an accreditation that is in force. accredited generator register see section 135JE(1)(a). accredited power station means the power station or the parts of the power station, as decided by the regulator under section 135AN, for which an accreditation is held. s 135AK 161 s 135AK Electricity Act 1994 amended assessment see section 135FK(2). ancillary matters, for a power station, see section 135AM(2). annual loss factor, for a power station, see section 135CR(2). annual QUF, for a power station, see section 135CM(2). applicant, for part 8, division 1, see section 135IX(a). application, for part 8, division 1, see section 135IX(b). approved auditor means a person who, under part 7, division 1, holds an appointment as an approved auditor. approved form means the form approved, under section 135JV, by the regulator. assessment, by the regulator, means an assessment by the regulator made under part 5, division 4, subdivision 2. auditable person see section 135IO. audit notice see section 135IP(1). auxiliary load, for a power station, see section 135AE. baseline, for an accredited power station, see section 135CV(1). baseline customer, of a power station, see section 135AJ. baseline loss factor, for a power station, see section 135CS(3). baseline QUF, for a power station, see section 135CN(3). baseline year, for a power station—

1 Generally, the baseline year for a power station is the period mentioned in section 135CY(2).

2 However, if, under section 135CY(3) or 135CZ(3), the regulator has fixed a sent out or delivered amount by reference to another period, the baseline year for the power station is the other period. civil penalty means the civil penalty imposed under section 135EY. complete suspension, of the right to create GECs, see section 135BT(2)(a). s 135AK 162 s 135AK Electricity Act 1994 compromise assessment see section 135FJ(2). dedicated line means an electric line that supplies only 1 end user or only 1 group of interrelated end users. default assessment see section 135FH(1). direct method means direct method A or direct method B under section 135CD. direct supply arrangement see section 135AH. economic operator, of a power station, see section 135AC. electricity load see section 135AI. eligible electricity guidelines see section 135CK. eligible fuel see section 135AD. eligible gas-fired electricity see section 135AA(3)(a). eligible renewable electricity see section 135GR(2). end user, of electricity, means any one who uses it. exempted load see section 135EM(4)(b). GEC see section 135AA(3)(a). GEC register see section 135JE(1)(b). GEC review see section 135B(1). GEC surrender direction see section 135DQ(2). general method see section 135CC. information notice, for a decision, means a notice stating each of the following— (a) the decision; (b) reasons for the decision; (c) all rights of review or appeal under this Act for the decision; (d) the period in which any review or appeal must be started; (e) how the rights of review or appeal must be exercised; (f) that a stay of a decision the subject of review or appeal under this Act may be applied for under this Act. s 135AK 163 s 135AK Electricity Act 1994 interested person, for an electricity load, see section 135GG. liable load see section 135EM(5). liable load exemption means an exemption granted under part 5, division 6 that is in force. liable load exemption register see section 135JE(1)(d). liable person see section 135EM(3). liable year, for the 13% liability, see section 135EM(6). limited suspension see section 135BT(2)(b). major grid see section 135AF(1). measurement method, for a power station, see section 135AM(3). nameplate capacity, for a power station, see section 135AB(4). non-liable load see section 135EM(4)(c). notice means a written notice. official, for part 8, division 4, see section 135JL. penalty imposition day, for the 13% liability, see section 135EY(2). power station see section 135AB. prescribed renewable energy source see section 135GR(1)(a). proponent, for a significant project, means the person who proposes or owns the project. reassessment see section 135FI. recognised program see section 135GR(1)(b). referrer see section 135FY(1). registered owner, of a GEC—

1 The registered owner, of a GEC, is the person who, under section 135DN or 135DW, is or becomes its registered owner.

2 However, the person ceases to be the registered owner if, under part 4, division 3, the GEC is cancelled. s 135AK 164 s 135AK Electricity Act 1994 registration, for a GEC, means registration under section 135DJ. retailer means a person who holds a retail authority. scheme participant see section 135AA(4). scheme participant register see section 135JE(1)(c). self-assessment report see section 135FD. significant project see section 135GI(1). small grid see section 135AF(2). special conditions, for accreditation, see section 135AN(4)(a). standard accreditation conditions see section 133AU(2). State development exemption see section 135GI(4). substantive traceable link, to a major grid, see section 135AG. surrender application, for a GEC, means an application made under part 4, division 4, subdivision 3. transmission zone see section 135CO(2). valid, for the creation or purported creation of a GEC, means creation under the requirements of part 4, division 1. vintage year, for a GEC, means the year in which it was registered. s 135AL 165 s 135AM Electricity Act 1994 Part 2 Accreditation Division 1 Applying for and obtaining accreditation

135AL Who may apply for accreditation (1) The following persons may apply to the regulator to become an accredited generator for a power station or proposed power station— (a) for a power station— (i) its economic operator; or (ii) a person nominated by the economic operator; (b) for a proposed power station— (i) a person who proposes to become its economic operator; or (ii) a person nominated by the proposed economic operator. (2) However, only 1 person can be nominated under subsection (1) for the same application. (3) If more than 1 person is the economic operator or proposed economic operator— (a) the application must be made by them jointly; but (b) only 1 of them can be the nominated accredited generator. (4) A person can not apply for an accreditation that applies for more than 1 power station or proposed power station. (5) However, subsection (4) does not prevent the same person holding more than 1 accreditation.

135AM Requirements for application (1) The application must— (a) be in the approved form; and s 135AM 166 s 135AM Electricity Act 1994 (b) identify the power station or proposed power station, its location and each of its constituent parts; and (c) state any relevant transmission zones known to the applicant; and (d) state the nameplate capacity of the power station or proposed power station; and (e) state details of the ownership of, and operating arrangements for, the power station or proposed power station; and (f) state details of the fuels used or to be used by the power station or proposed power station; and (g) give information that will allow the regulator to decide each of the following matters for the power station or proposed power station— (i) its baseline customers; (ii) the baseline for each of the customers; (iii) its annual and baseline loss factors; (iv) its approved measurement points; Example of measurement points— meters measuring sent out electricity or, if a direct method is used, electricity delivered (v) if the power station or proposed power station generates or uses unmetered electricity—a methodology to estimate the generation or use; and (h) give information that will allow the regulator to decide, under section 135JA, a method for working out— (i) the amount of electricity sent out from the power station or proposed power station or, if the applicant proposes to apply to use a direct method, delivered to an end user under a direct supply arrangement; or (ii) an amount incidental to subparagraph (i); and (i) give information relevant to the working out of eligible gas-fired electricity generated by the power station or proposed power station; and s 135AN 167 s 135AN Electricity Act 1994 (j) be accompanied by— (i) evidence that, under section 135AL, the applicant is entitled to make the application; and (ii) the fee prescribed under a regulation. (2) The matters mentioned in subsection (1)(g) are the ancillary matters for the power station or proposed power station. (3) The method mentioned in subsection (1)(h) is the measurement method for the power station or proposed power station.

135AN Deciding application (1) The regulator must decide whether to grant or refuse the application. (2) The regulator may grant the application only if— (a) the regulator is satisfied— (i) the power station or proposed power station generates, or will generate, eligible gas-fired electricity; and (ii) the amount of the eligible gas-fired electricity is, or will be, able to be worked out from time to time; and (b) the regulator is able to decide— (i) the parts of the power station or proposed power station that are relevant to the accreditation; and (ii) the ancillary matters for the power station or proposed power station. (3) If the power station or proposed power station is not in a transmission zone under a regulation, the regulator may defer the deciding of the application for a reasonable period to allow a transmission zone to be prescribed that includes the power station or proposed power station, and for the fixing of relevant QUFs. (4) If the regulator decides to grant the application— s 135AO 168 s 135AP Electricity Act 1994 (a) the regulator may impose conditions (special conditions) on the accreditation the regulator considers necessary or desirable;31 and (b) the regulator must decide the ancillary matters.

135AO Provisions for deciding ancillary matters for power station (1) This section applies if the regulator is deciding the ancillary matters for the power station or proposed power station. (2) The regulator need not decide its annual loss factor or baseline loss factor if the regulator has, under section 135CD(3),32 approved direct method A for working out the eligible gas-fired electricity generated by the power station or proposed power station. (3) Different measurement methods may be approved for different measurement points for the power station or proposed power station. (4) If the regulator is satisfied arrangements for an approved measurement point comply with any relevant requirements under the National Electricity Rules, the regulator must approve the arrangements as the measurement methods for the measurement point.

135AP Provisional decision to grant (1) This section applies if the regulator is deciding the application and the regulator is unable to decide whether or not the regulator is satisfied about a matter mentioned in section 135AN(2)33 (the undecided matter). (2) The regulator may— (a) defer the deciding of the application; and (b) give the applicant a notice stating that, subject to being satisfied about the undecided matter as required under

31 See also division 3 (Standard accreditation conditions).

32 Section 135CD (Alternate methods for direct supply arrangement)

33 Section 135AN (Deciding application) s 135AQ 169 s 135AR Electricity Act 1994 section 135AN(2), the regulator will grant the application. (3) If after giving the notice the applicant satisfies the regulator about the undecided matter as required under section 135AN(2), the regulator must grant the application. (4) However, subsection (3) ceases to apply if, because of a change in circumstances, the regulator is no longer satisfied about another matter mentioned in section 135AN(2).

135AQ Steps after deciding application (1) If the regulator decides to grant the application, the regulator must issue the accreditation as soon as practicable. (2) The accreditation must— (a) state— (i) any special conditions imposed; and (ii) the ancillary matters decided for the power station or proposed power station; and (iii) a unique accreditation code for the accredited generator and the power station or proposed power station; and (b) be accompanied by an information notice about the decisions about each of the ancillary matters and to impose any special conditions. (3) Subsection (2)(b) does not apply for a condition or ancillary matter that is the same, or is to the same effect as, a condition or ancillary matter agreed to or requested by the applicant. (4) If the regulator decides to refuse the application, the regulator must, as soon as practicable, give the applicant an information notice about the decision.

135AR Term of accreditation (1) An accreditation takes effect on the day of effect stated in the accreditation or, if it states no day of effect, the day it is issued. s 135AS 170 s 135AT Electricity Act 1994 (2) The stated day of effect may be any day not before 1 January 2005. (3) Subject to suspension under division 5, subdivision 3,34 the accreditation continues in force until 31 December 2020, unless it is sooner cancelled or surrendered under this part.

135AS Withdrawal of nomination to be accredited generator (1) This section applies if a person has applied to be, or is, the accredited generator of a power station or proposed power station and the person is not the economic operator of the power station or proposed power station. (2) The economic operator of the power station may, by notice to the regulator, withdraw the nomination given for the person to become the accredited generator.35 (3) A change in the economic operator of the power station does not, of itself, affect the nomination. Division 2 Accredited generator’s rights

135AT Right to create, mortgage and transfer GEC (1) An accredited generator has, from when the accredited generator’s accreditation takes effect,36 the following rights— (a) to create, under part 4,37 GECs for eligible gas-fired electricity generated by the power station on and from the day the accreditation takes effect until— (i) the accreditation is cancelled or surrendered; or (ii) the end of 31 December 2019;

34 Division 5, subdivision 3 (Other amendments, cancellation and suspension)

35 See also section 135BU(2)(c) (Conditions for other amendments and for cancellation or suspension by regulator).

36 For when an accreditation takes effect, see section 135AR (Term of accreditation)

37 Part 4 (GECs) s 135AU 171 s 135AV Electricity Act 1994 (b) to mortgage or transfer GECs of which the accredited generator is the owner up to and including 31 December 2020.38 (2) However— (a) the rights are subject to part 4; and (b) the right to create GECs is subject to any suspension under division 5, subdivision 3.39 Division 3 Standard accreditation conditions

135AU Operation of div 3 (1) This division imposes conditions on each accreditation. (2) Conditions imposed under this division are the standard accreditation conditions. (3) The standard accreditation conditions apply as well as any special conditions stated in the accreditation. (4) If a standard accreditation condition conflicts with any of the special conditions, the standard accreditation condition prevails to the extent of the inconsistency. (5) As well as imposing a condition, section 135BI40 also imposes a penalty for not complying with the conditions.

135AV Obligation to give information when GEC created If an accredited generator creates a GEC, the generator must immediately give the regulator the following information— (a) information relevant to the calculation of the eligible gas-fired electricity for which the GEC was created;

38 For the transfer of GECs by accredited generators or scheme participants see part 4, division 4 (Dealings with GECs). For mortgages of GECS, see section 135DY (Mortgage of GEC).

39 Division 5, subdivision 3 (Other amendments, cancellation and suspension)

40 Section 135BI (Accreditation conditions must not be contravened) s 135AW 172 s 135AZ Electricity Act 1994 (b) information that shows the accredited power station’s baseline has been exceeded.

135AW Obligation to keep documents used for GEC creation An accredited generator must, unless the generator has a reasonable excuse, keep all documents the generator uses to work out eligible gas-fired electricity for the creation of a GEC by the generator for 5 years after the creation of the GEC.

135AX Compliance with directions by regulator If an accredited generator is given a GEC surrender direction or a direction under section 135CF or 135JC(2),41 the generator must comply with the direction.

135AY Condition not to improperly create GECs An accredited generator must comply with section 135DO.42

135AZ Notice to regulator of particular matters An accredited generator must give the regulator notice within 20 business days after— (a) a change in the economic operator of the power station; or (b) a change to the accredited power station that may affect the generation of electricity or the working out of eligible gas-fired electricity generated by the power station; or (c) the happening of an arrangement or circumstance that may, under part 3, division 5, subdivision 4,43 change the baseline for the power station’s baseline customers; or

41 Sections 135CF (Directions for working out eligible gas-fired electricity) and 135JC (Decided method must be applied)

42 Section 135DO (Offence of improper creation of GEC)

43 Part 3, division 5, subdivision 4 (Changes to baseline) s 135B 173 s 135BA Electricity Act 1994 (d) a change in a factor used to work out eligible gas-fired electricity generated by the power station.

135B Periodic GEC reviews (1) An accredited generator must, as soon as practicable after the end of each of the following periods during which the accreditation is in force, review (a GEC review) the accuracy of information the accredited generator has used to work out eligible gas-fired electricity generated by the power station in the year to date— (a) the period notified by the regulator to the accredited generator; (b) if no period has been notified—each quarter. (2) In carrying out a GEC review, the accredited generator must comply with the eligible electricity guidelines.44

135BA Obligation to take action because of improper creation of GECs or GEC review (1) This section applies if— (a) an accredited generator discovers the generator has not complied with section 135DO;45 or (b) the result of a GEC review is that the information an accredited generator has used to work out eligible gas-fired electricity is not accurate. (2) The generator must take appropriate action— (a) to correct the working out of the relevant eligible gas-fired electricity; and (b) to ensure the generator does not create more than 1 GEC for each MWh of eligible gas-fired electricity; and

44 See section 135CK (Guidelines).

45 Section 135DO (Offence of improper creation of GEC) See also section 135DP (Defence to proceeding for improper creation of GEC). s 135BB 174 s 135BC Electricity Act 1994 (c) if the generator did not comply with section 135DO before carrying out the review—to correct the effect of the failure to comply. Examples of appropriate action— • when the accredited generator next creates GECs, the generator creates less GECs than the generator is entitled to create, to ensure the entitlement is not exceeded at that time • acquiring enough GECs (either by creation or transfer) to surrender the number of GECs equivalent to the number of GECS the accredited generator created improperly and that have since been transferred to others (3) After taking the action, the accredited generator must give the regulator a notice describing the action taken and the reasons for taking it.

135BB Obligation to keep GEC review documents An accredited generator must, unless the generator has a reasonable excuse, keep the following documents in relation to a GEC review for 5 years after the end of the year in which the review was carried out— (a) documents the generator used to make the GEC review; (b) if, because of the review, action was taken under section 135BA—documents showing what the action was and the reasons for taking it.

135BC Access to power station An accredited generator must, on the giving of reasonable notice, allow, or make arrangements that allow, safe access to the accredited power station by an approved auditor, an inspection officer or a person authorised by the regulator to— (a) obtain information relevant to the accreditation; or (b) monitor compliance with this chapter or the conditions of the accreditation. s 135BD 175 s 135BG Electricity Act 1994

135BD Obligation to provide information for annual loss factor An accredited generator must, as soon as practicable after receiving a request from the regulator, give the regulator information the generator has that the regulator reasonably requires to allow the regulator to decide the accredited power station’s annual loss factor.

135BE Annual fee and return (1) An accredited generator must, on or before the relevant day in each year during which the accreditation is in force (the current year), give the regulator the following for each power station for which the generator is accredited— (a) an annual electricity generation return for the last year, in the approved form; (b) the annual fee for the current year, as prescribed under a regulation. (2) In this section— relevant day means— (a) generally—the last business day in April; or (b) if the regulator has, by notice to all accredited generators given before the day mentioned in paragraph (a), fixed a later day—the later day.

135BF Obligation to keep documents used to make annual return An accredited generator must, unless the generator has a reasonable excuse, keep all documents the generator uses to make each electricity generation return given under section 135BE for 5 years after the giving of the return.

135BG Conditions imposed under a regulation An accredited generator must comply with any conditions of accreditation prescribed under a regulation. s 135BH 176 s 135BK Electricity Act 1994

135BH Amounts payable under chapter or accreditation An accredited generator must pay the regulator all amounts that this chapter or the accreditation requires the accredited generator to pay the regulator.

135BI Accreditation conditions must not be contravened An accredited generator must comply with the conditions of the accreditation. Maximum penalty—500 penalty units. Division 4 Dealings with accreditation Subdivision 1 Transfers

135BJ Transfer only by application (1) An accreditation may be transferred only under this subdivision. (2) A purported transfer of an accreditation not made under this subdivision is of no effect.

135BK Applying for transfer (1) An accredited generator may apply to the regulator to transfer the accreditation. (2) The application must— (a) be in the approved form; and (b) be made by the accredited generator and the proposed transferee; and (c) state reasons for the proposed transfer; and (d) if the accredited generator is not the economic operator of the accredited power station—be accompanied by a written nomination of the proposed transferee by the economic operator; and s 135BL 177 s 135BN Electricity Act 1994 (e) if the proposed transferee is, or proposes to become, the economic operator of the accredited power station—be accompanied by evidence that the transferee is, or will become, the economic operator; and (f) be accompanied by the fee prescribed under a regulation.

135BL Deciding transfer application (1) The regulator must decide whether to make or refuse to make the transfer. (2) If the regulator decides to refuse to make the transfer, the regulator must, as soon as practicable, give the applicants an information notice about the decision. (3) The regulator may impose conditions on giving the approval. Subdivision 2 Surrenders

135BM Applying to surrender (1) An accredited generator may apply to surrender the accreditation. (2) The application must— (a) be in the approved form; and (b) state reasons for the proposed surrender; and (c) be accompanied by the fee prescribed under a regulation.

135BN Deciding surrender application (1) The regulator must decide whether to approve or refuse the surrender. (2) The regulator may impose conditions on giving the approval. Example of a possible condition— a requirement that the regulator be given a final electricity generation return s 135BO 178 s 135BP Electricity Act 1994 (3) If the regulator decides to refuse the surrender or impose a condition on the surrender, the regulator must, as soon as practicable, give the applicant an information notice about the decision. (4) Subsection (3) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicant.

135BO Effect of surrender (1) This section applies if the surrender of an accreditation is approved and all conditions of the approval have been complied with. (2) The accreditation ceases to have effect. (3) If, immediately before this section applies, the former accredited generator was the registered owner of a GEC, the former accredited generator is taken to be registered under part 6 as a scheme participant immediately after this section applies. Division 5 Amendment, cancellation and suspension of accreditation Subdivision 1 Amendment by application

135BP Applying for amendment (1) An accredited generator may apply to the regulator to amend the accreditation in a stated way, other than to— (a) amend a condition imposed under division 3; or (b) add another power station to the accreditation. (2) The application must— (a) be in the approved form; and (b) state reasons for the proposed amendment; and s 135BQ 179 s 135BS Electricity Act 1994 (c) be accompanied by the fee prescribed under a regulation.

135BQ Deciding application (1) The regulator must decide to make or refuse to make the amendment. (2) If the decision is to make the amendment, the regulator must, as soon as practicable, make the amendment to the accreditation and give the applicant notice of the decision. (3) If the decision is to refuse to make the amendment, the regulator, must, as soon as practicable, give the applicant an information notice about the decision. Subdivision 2 Amendment by regulator without proposed action notice

135BR Amendments for which proposed action notice not required The regulator may amend an accreditation at any time by giving the accredited generator notice of the amendment and recording particulars of the amendment in the register if the amendment— (a) is to correct a clerical or formal error; or (b) does not significantly affect the interests of the accredited generator or anyone else and the accredited generator has, in writing, agreed to the amendment. Subdivision 3 Other amendments, cancellation and suspension

135BS Partial suspension for non-payment of annual fee (1) This section applies if an accredited generator does not pay an annual fee as required under section 135BE. s 135BT 180 s 135BT Electricity Act 1994 (2) While the annual fee remains unpaid, the accreditation is suspended. (3) If the annual fee is paid, the suspension ends. (4) The suspension is a complete suspension of the right to create GECs. (5) Also, until the suspension ends, the accredited generator can not— (a) transfer any GECs; or (b) accept the transfer of any GECs. (6) The suspension does not— (a) affect the accredited generator’s ownership of any GEC the generator owned immediately before the suspension;46 or (b) prevent the accredited generator from making a surrender application for a GEC mentioned in paragraph (a). (7) This section does not limit the regulator’s powers under section 135BT.

135BT Regulator’s power to amend, cancel or suspend (1) The regulator may, if the conditions under section 135BU have been met, amend or cancel an accreditation or suspend an accredited generator’s right, under section 135AT(1)(a),47 to create GECs. (2) The suspension must be one of the following types— (a) a suspension that has the effect that, until it ends, the accredited generator can not create any GECs for eligible gas-fired electricity generated by the accredited power station during the period of the suspension (a complete suspension of the right to create GECs);

46 See sections 135DN (Ownership of GEC on registration) and 135DW (Ownership of GEC on transfer).

47 Section 135AT (Right to create, mortgage and transfer GEC) s 135BU 181 s 135BU Electricity Act 1994 (b) a suspension that does not affect the right to, after the suspension ends, create GECs for eligible gas-fired electricity generated by the accredited power station during the period of the suspension, subject to section

135DG (a limited suspension of the right to create GECs).48 (3) A complete or limited suspension of the right to create GECs does not— (a) affect the accredited generator’s ownership of any GEC the generator owned immediately before the suspension;49 or (b) prevent the accredited generator from— (i) making a surrender application for a GEC mentioned in paragraph (a); or (ii) transferring a GEC mentioned in paragraph (a); or (iii) accepting a transfer of a GEC. (4) A complete or limited suspension is subject to any suspension under section 135BS.

135BU Conditions for other amendments and for cancellation or suspension by regulator (1) For section 135BT(1), the conditions are that— (a) the regulator considers the amendment, cancellation or suspension necessary or desirable; and (b) an event mentioned in subsection (2) has happened; and (c) the procedure under sections 135BV to 135BY is followed. (2) For subsection (1)(b), an event is that the accredited generator—

48 Section 135DG (Time limitation on creation right)

49 See sections 135DN (Ownership of GEC on registration) and 135DW (Ownership of GEC on transfer). s 135BV 182 s 135BV Electricity Act 1994 (a) obtained the accreditation because of a materially false or misleading declaration or representation, made orally or in writing; or (b) has not complied with a provision of this chapter or a condition of the accreditation; or (c) has not complied with a provision of the Trade Practices Act 1974 (Cwlth), part IV,50 in relation to the accreditation or the creation or transfer of GECs; or (d) has created GECs under the accreditation and— (i) the generator is not the economic operator of the accredited power station; and (ii) either— (A) the generator has not been nominated by the economic operator; or (B) any nomination of the generator by the economic operator has been withdrawn.51

135BV Notice of proposed action (1) The regulator must give the accredited generator notice stating each of the following— (a) the action (the proposed action) the regulator proposes to take under this division; (b) the grounds for the proposed action; (c) the facts and circumstances that are the basis for the grounds; (d) if the proposed action is to amend—the proposed amendment; (e) if the proposed action is to suspend— (i) the proposed suspension period; and (ii) whether the proposed suspension is a complete or limited suspension of the right to create GECs;

50 Trade Practices Act 1974 (Cwlth), part IV (Restrictive trade practices)

51 See section 135AS (Withdrawal of nomination to be accredited generator). s 135BW 183 s 135BY Electricity Act 1994 (f) that the accredited generator may make, within a stated period, written submissions to show why the proposed action should not be taken. (2) The stated period must end at least 20 business days after the notice is given.

135BW Considering submissions (1) The regulator must consider any written submission made under section 135BV(1)(f) by the accredited generator within the period stated in the notice. (2) If the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give the accredited generator notice of the decision.

135BX Decision on proposed action (1) If, after complying with section 135BW, the regulator still believes a ground exists to take the proposed action, the regulator may decide to— (a) if the proposed action was to amend—make the amendment; or (b) if the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or (c) if the proposed action was to cancel— (i) cancel the accreditation; or (ii) suspend it for a stated period. (2) If the regulator decides to suspend the accreditation under subsection (1)(c)(ii), the regulator must decide whether it is a complete or limited suspension.

135BY Notice and taking of effect of proposed action decision (1) The regulator must, as soon as practicable after making a decision under section 135BX, give the accredited generator an information notice about the decision. s 135BZ 184 s 135C Electricity Act 1994 (2) The decision takes effect on the later of the following— (a) the day the information notice is given; (b) a later day of effect stated in the notice. (3) However, if the decision was to amend, cancel or suspend because of a conviction, the amendment, cancellation or suspension— (a) does not take effect until— (i) the period to appeal against the conviction ends; and (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and (b) has no effect if the conviction is quashed on appeal.

135BZ Effect of cancellation (1) This section applies if an accreditation is cancelled. (2) The accreditation ceases to have effect. (3) If, immediately before the cancellation, the former accredited generator was the registered owner of a GEC, the former accredited generator is taken to be registered under part 6 as a scheme participant immediately after the cancellation.

135C Final return on cancellation If the accreditation is cancelled, the former accredited generator must, as soon as practicable, give the regulator an annual electricity generation return under section 135BE(1)(a) for the period from the end of the last year to the day the cancellation took effect. Maximum penalty—100 penalty units. s 135CA 185 s 135CC Electricity Act 1994 Part 3 Eligible gas-fired electricity Division 1 Working out eligible gas-fired electricity Subdivision 1 Preliminary

135CA Operation of div 1 (1) This part provides for what is the eligible gas-fired electricity generated by an accredited power station. (2) If the power station has more than 1 baseline customer, the eligible gas-fired electricity must be worked out separately for each of the customers who have a baseline other than 0. (3) For applying subsection (2), a reference in this division to the power station is taken to be a reference to the power station to the extent it supplies gas-fired electricity to each of its customers. Subdivision 2 Power stations with nameplate capacity of more than 500kW

135CB Application of sdiv 2 This subdivision applies if the power station’s nameplate capacity is more than 500kW.

135CC General method Subject to sections 135CD to 135CF, the eligible gas-fired electricity is worked out using the following formula (the general method)— EE = (SO Gen × %EF x QUF x LF) – BL where— EE is the eligible gas-fired electricity, measured in MWh. s 135CD 186 s 135CD Electricity Act 1994 SO Gen is electricity sent out from the power station, less electricity imported into the power station, measured in MWh. %EF is the proportion of electricity generated from an eligible fuel. QUF is the power station’s annual QUF. LF is the power station’s annual loss factor. BL is the baseline for the baseline customer of the power station.

135CD Alternate methods for direct supply arrangement (1) This section applies if a power station sends out electricity to someone else under a direct supply arrangement. (2) The accredited generator for the power station, or an applicant for the accreditation, may apply in writing to the regulator for approval to use direct method A or direct method B to work out the eligible gas-fired electricity to the extent it is sent out under the arrangement. (3) The regulator must decide— (a) whether to grant or refuse the approval; and (b) if the regulator decides to grant the approval—whether direct method A or direct method B must be used for the working out. (4) If the regulator grants the approval, the direct method as decided by the regulator must be used to work out the eligible gas-fired electricity to the extent it is sent out under the direct supply arrangement. (5) If the regulator decides to refuse to grant the approval, the regulator must, as soon as practicable, give the applicant an information notice about the decision. (6) In this section— direct method A means using the formula— EE = (ED × %EF x QUF) – BL s 135CE 187 s 135CF Electricity Act 1994 direct method B means using the formula— EE = (ED × %EF x QUF x LF) – BL EE means the eligible gas-fired electricity, measured in MWh. ED means the electricity delivered to the person mentioned in subsection (1), less electricity imported into the power station multiplied by any relevant annual loss factor decided by the regulator, measured in MWh. %EF means the proportion of electricity generated from an eligible fuel. QUF means the power station’s annual QUF. BL means the baseline for the baseline customer of the power station. LF means any annual loss factor the regulator decides for the power station.

135CE Adjustment for general method if a direct method used (1) This section applies if— (a) the regulator has approved the use of a direct method for a direct supply arrangement; and (b) electricity is sent out from the power station other than under the arrangement. (2) The eligible gas-fired electricity sent out from the power station other than under the arrangement must be worked out under the general method. (3) However, in applying the general method, all amounts of electricity used in the application of the direct method must be deducted from the electricity sent out from the power station.

135CF Directions for working out eligible gas-fired electricity (1) The regulator may give an accredited generator written directions about how to work out any factor used to work out the eligible gas-fired electricity under this subdivision. s 135CG 188 s 135CI Electricity Act 1994 (2) In working out the factor, the direction must be complied with.52 (3) The directions must be accompanied by or include an information notice about the decision to give the directions. (4) Subsection (3) does not apply if the accredited generator has agreed to the working out as required under the direction. Subdivision 3 Power stations with nameplate capacity of 500kW or less

135CG Application of sdiv 3 This subdivision applies if the power station’s nameplate capacity is 500kW or less.

135CH Power to prescribe method If the baseline for all baseline customers of the power station is 0, a regulation may prescribe what is the eligible gas-fired electricity.

135CI Obtaining approval to use method for working out (1) This section applies only if the eligible gas-fired electricity is not prescribed. (2) The accredited generator for the power station, or an applicant for the accreditation, may apply in writing to the regulator for approval to use a proposed method to work out the eligible gas-fired electricity. (3) The proposed method may involve— (a) the use of averages or estimates; or (b) the application of annual or baseline loss factors or QUFs for the power station. (4) The regulator must decide whether to grant or refuse the approval.

52 See also section 135AX (Compliance with directions by regulator). s 135CJ 189 s 135CL Electricity Act 1994 (5) The regulator may grant the approval only if satisfied the proposed method is generally consistent with the approach of the general method or, to the extent the proposed method relates to a direct supply arrangement, a direct method. (6) If the regulator grants the approval the proposed method must be used to work out the eligible gas-fired electricity. (7) If the regulator decides to refuse to grant the approval, the regulator must, as soon as practicable, give the applicant an information notice about the decision.

135CJ Methods that otherwise apply If the eligible gas-fired electricity is not prescribed and no method is approved under section 135CI for the power station, the eligible gas-fired electricity is worked out under subdivision 2 as if the power station’s nameplate capacity is more than 500kW. Division 2 Eligible electricity guidelines

135CK Guidelines The regulator may issue guidelines (eligible electricity guidelines) about the data that must be used under division 1 to work out eligible gas-fired electricity.53

135CL Publication of guidelines (1) The regulator must give each accredited generator to whom the eligible electricity guidelines apply a copy of the guidelines. (2) The guidelines do not take effect for an accredited generator to whom they apply until the later of the following days— (a) their day of effect, as stated in the guidelines;

53 For the effect of the guidelines for the generators, see sections 135DP (Defence to proceeding for improper creation of GEC) and 135EK(2) (Decision on proposed action). s 135CM 190 s 135CN Electricity Act 1994 (b) the day the accredited generator’s accreditation takes effect. Division 3 Queensland usage factors

135CM Annual QUFs (1) Subject to section 135CP, the regulator must, for each financial year during which a power station is accredited, fix an estimated proportion of electricity sent out from the power station that will be used during that year for the State’s electricity load and not the electricity load of any other State. (2) The estimated proportion is the power station’s annual QUF. (3) The annual QUF must be fixed by gazette notice. (4) Until the notice is gazetted, the last annual QUF fixed for the power station continues to apply.

135CN Baseline QUFs (1) Subject to section 135CP, the regulator must, for each accredited power station, fix the proportion of electricity sent out from the power station that was, during the baseline year, used for the State’s electricity load and not the electricity load of any other State. (2) However, subsection (1) does not apply if, under section 135DA,54 the power station’s baseline is 0 for all of its baseline customers. (3) The proportion is the power station’s baseline QUF. (4) The baseline QUF must be fixed by gazette notice. (5) In fixing the baseline QUF, the regulator must consider relevant data for the baseline year for the power station.

54 Section 135DA (Baseline for other customers) s 135CO 191 s 135CP Electricity Act 1994

135CO Transmission zones (1) A regulation may, for the purpose of fixing annual or baseline QUFs, prescribe areas based on electricity grid areas in which incoming and outgoing electricity is predominately transported by high voltage transmission lines that are heavily loaded compared with their capacity. (2) An area prescribed under subsection (1) is called a transmission zone. (3) The area may be all of any State or include part of any State.

135CP Power stations connected to national grid within same transmission zone (1) The same annual QUF must be fixed for each power station that— (a) supplies electricity into the same transmission grid or supply network within the same transmission zone; and (b) is directly or indirectly connected to the national grid. (2) The same baseline QUF must be fixed for each power station that— (a) has the same baseline year; and (b) supplies electricity into the same transmission grid or supply network within the same transmission zone; and (c) is directly or indirectly connected to the national grid. (3) In fixing the annual and baseline QUF, the regulator must consider each of the following matters— (a) the electricity generated within the transmission zone; (b) the electricity imported into the transmission zone; (c) electricity sent out of the transmission zone and the relevant annual or baseline QUFs of the transmission zones to which it is initially sent out; (d) the electricity load and losses within the transmission zone; (e) whether end users in the transmission zone are located in the State or another State. s 135CQ 192 s 135CR Electricity Act 1994 (4) In considering the matters for fixing the annual QUF, the regulator must use estimates or forecasts of relevant data for the next financial year. (5) However, the regulator may use data for the previous financial year if— (a) the estimates or forecasts are not available to the regulator; or (b) the regulator considers the estimates or forecasts are inconsistent with the basis on which the transmission zone was prescribed.

135CQ QUFs may be differential as to time In fixing an annual or baseline QUF, the regulator may fix a different proportion for different periods. Division 4 Loss factors

135CR Annual loss factor (1) Subject to section 135AO(2),55 the regulator must, for each financial year during which a power station is accredited, fix a factor that represents the power station’s estimated contribution during that year to electricity losses in the transmission grid or supply network through which it supplies electricity. (2) The factor is the power station’s annual loss factor. (3) The annual loss factor for a particular financial year— (a) must be fixed by an information notice given to the accredited generator; and (b) takes effect on the day of effect stated in the notice, or if it states no day of effect, the day the notice is given.

55 Section 135AO (Provisions for deciding ancillary matters for power station) s 135CS 193 s 135CT Electricity Act 1994 (4) Until the annual loss factor for a particular financial year takes effect, the last annual loss factor fixed for the power station continues to apply for that year.

135CS Baseline loss factor (1) The regulator must, for each accredited power station, fix a factor that represents the power station’s contribution, during its baseline year, to electricity losses in the transmission grid or supply network through which it supplies electricity. (2) However, subsection (1) does not apply if— (a) under section 135DA,56 the baseline is 0; or (b) under section 135AO(2),57 the regulator need not work out the baseline loss factor. (3) The factor is the power station’s baseline loss factor. (4) The baseline loss factor — (a) must be fixed by an information notice given to the accredited generator; and (b) takes effect on the day of effect stated in the notice, or if it states no day of effect, the day the notice is given.

135CT Provisions for working out loss factors (1) If the overall effect of a power station’s supply to a transmission grid or supply network is to reduce electricity losses in the grid, its annual or baseline loss factor may be fixed as 1 or more than 1. (2) In fixing an annual or baseline loss factor for a power station the regulator may apply a relevant loss factor decided under the National Electricity Rules. (3) If a power station supplies electricity through a transmission grid and a supply network, its annual or baseline loss factor may consist of different components for each grid or network.

56 Section 135DA (Baseline for other customers)

57 Section 135AO (Provisions for deciding ancillary matters for power station) s 135CU 194 s 135CX Electricity Act 1994

135CU Publication of loss factors If the regulator fixes a loss factor under this division, the regulator must, as soon as practicable, publish the loss factor by gazette notice. Division 5 Baselines for baseline customers Subdivision 1 Introduction

135CV What is a power station’s baseline for a baseline customer (1) An accredited power station’s baseline, for a baseline customer of the power station, is the figure as provided for under this division, that, as at 24 May 2000, represented the power station’s annual generation of electricity from eligible fuels delivered to the customer. (2) The figure must be in MWh.

135CW Purpose of baseline The purpose of the baseline is to ensure only new or additional gas-fired electricity generated after 24 May 2000 can be used to create GECs. Subdivision 2 Baseline for existing baseline customers

135CX Application of sdiv 2 (1) This subdivision applies for working out the baseline for a baseline customer of an accredited power station, or of a power station the subject of an application for accreditation, to whom the power station supplies electricity generated from eligible fuels under an arrangement that was in force on 24 May 2000. s 135CY 195 s 135CY Electricity Act 1994 (2) However, the baseline worked out under this subdivision is subject to subdivision 4.58

135CY General method for working out baseline (1) This section applies subject to section 135CZ. (2) The regulator must work out an amount (the sent out amount) that fairly represents the amount of electricity the power station generated from eligible fuels and sent the customer during the following period— (a) generally—the 1999–2000 financial year; (b) if the power station was commissioned or first started to generate electricity from eligible fuels during the 1999–2000 financial year—its first 12 months of commercial operation. (3) However, if the regulator considers the period does not represent the power station’s typical annual generation for the customer as at 24 May 2000, the regulator may fix the sent out amount by— (a) reference to another 12 month period that the regulator considers is more representative of its typical annual generation as at 24 May 2000; or (b) extrapolating the average monthly generation from a part of the period that the regulator considers is more representative of its typical annual generation as at 24 May 2000. (4) The baseline for the customer is worked out using the following formula— B B BL = SO Gen × %EF × QUF × LF where— BL is the baseline for the baseline customer. SO Gen is the electricity sent out from the power station, less electricity imported into the power station, measured in MWh in the baseline year.

58 Subdivision 4 (Changes to baseline) s 135CZ 196 s 135CZ Electricity Act 1994 %EF is the proportion of electricity generated from an eligible fuel in the baseline year. QUFB is the power station’s baseline QUF. LFB is the power station’s baseline loss factor. (5) For subsection (2)(b), a power station was commissioned— (a) when, under the relevant contract to build the power station, it reached a stage by which the building of the station was, in a practical sense, complete; or (b) if there was no stage as mentioned in paragraph (a)—4 months after the power station first sent out electricity.

135CZ Alternate method for direct supply arrangement (1) This section applies if— (a) the supply to the customer is under a direct supply arrangement; and (b) the accredited generator for the power station, or an applicant for the accreditation, has agreed with the regulator to work out the customer’s baseline on the basis of electricity delivered to the customer. (2) The regulator must work out an amount (the delivered amount) that fairly represents the amount of electricity the power station generated from eligible fuels and delivered to the customer during the period mentioned in section 135CY(2). (3) However, if the regulator considers the period does not represent the power station’s typical annual delivered amount for the customer as at 24 May 2000, the regulator may fix the delivered amount by— (a) reference to another 12 month period that the regulator considers is more representative of its typical annual delivery as at 24 May 2000; or (b) extrapolating the average monthly generation from a part of the period that the regulator considers is more representative of its typical annual delivery as at 24 May 2000. s 135D 197 s 135DA Electricity Act 1994 (4) The baseline for the customer is worked out using the following formula— (a) if the regulator has fixed a baseline loss factor for the power station— B B BL = ED × %EF × QUF × LF (b) if the regulator has not fixed a baseline loss factor for the power station— · B BL = ED × %EF × QUF (5) In this section— BL means the baseline for the baseline customer. ED means the electricity delivered to the customer, less electricity imported into the power station multiplied by any relevant baseline loss factor decided by the regulator, measured in MWh, in the baseline year. %EF means the proportion of electricity generated from an eligible fuel in the baseline year. LFB means the power station’s baseline loss factor. QUFB means the power station’s baseline QUF.

135D Information notice about decision The regulator must give the customer an information notice about the baseline worked out under this subdivision. Subdivision 3 Baseline for other baseline customers

135DA Baseline for other customers (1) This section applies if an accredited power station, or a power station the subject of an application for accreditation, sends electricity generated from eligible fuels to a person who was not a baseline customer of the power station on 24 May 2000. (2) Subject to subdivision 4, the baseline for the customer is 0. s 135DB 198 s 135DD Electricity Act 1994 Subdivision 4 Changes to baseline

135DB Cessation of supply (1) If a baseline customer of an accredited power station ceases to be a customer of the station, the power station ceases to have a baseline for the customer. (2) The power station’s baselines for its other baseline customers do not change.

135DC Adjustment for customer transfer to another accredited power station (1) This section applies if— (a) a baseline customer ceases to be a customer of an accredited power station (the first power station); and (b) within 12 months of the cessation, the customer becomes a customer of another accredited power station under a direct supply arrangement that provides for the supply of electricity generated from eligible fuels (the second station). (2) The second station has a separate baseline for the customer. (3) The amount of the separate baseline is the amount of the first station’s baseline for the customer immediately before the customer ceased to be a customer of the first station.

135DD Adjustment for other customer transfers If— (a) a baseline customer (the former customer) ceases to be a customer of an accredited power station; and (b) within 12 months of the cessation, the customer becomes a customer of another customer (the other customer) of the power station, other than NEMMCO; the baseline for the other customer increases by the amount of the power station’s baseline for the former customer immediately before the former customer ceased to be a customer of the power station. s 135DE 199 s 135DH Electricity Act 1994 Part 4 GECS Division 1 Creation and registration of GECs

135DE Electricity required to create GEC A GEC may be created for each whole MWh of eligible gas-fired electricity, other than auxiliary load for a power station.59

135DF Prohibition on creation if certificate created under corresponding law Despite section 135DE, a GEC can not be created for eligible gas-fired electricity if any of the following certificates has been created in relation to the generation of the electricity— (a) an abatement certificate under the Electricity Supply Act

1995 (NSW), part 8A;60 (b) a certificate (however called) under a law of the Commonwealth or another State the purposes of which include the promotion of the reduction of greenhouse gases.

135DG Time limitation on creation right A GEC may be created only if the month in which the electricity was generated was no more than 12 months before the month in which the GEC is created.

135DH How a GEC is created (1) A GEC is created— (a) either—

59 See also section 135AT (Right to create, mortgage and transfer GEC).

60 Electricity Supply Act 1995 (NSW), part 8A (Reduction of greenhouse gas emissions) s 135DI 200 s 135DJ Electricity Act 1994 (i) by paying the regulator the fee prescribed under a regulation to decide whether the GEC was validly created; or (ii) if, under section 135DL, the regulator decides to make the decision required under section 135DJ, without payment of the prescribed fee;61 and (b) by electronically noting in the GEC register, in the way approved by the regulator, the creation of the GEC. (2) The approved way must require the giving of the following information— (a) an accreditation code for the accredited generator and power station; (b) the amount of eligible gas-fired electricity generated for which the GEC was created; (c) the period within which the eligible gas-fired electricity was generated.

135DI When GEC takes effect A GEC takes effect and continues to be in force only if it has been registered by the regulator.

135DJ Deciding on validity and registration (1) The regulator must, as soon as practicable after a GEC is created, decide whether it was validly created. (2) In deciding whether it is practicable for the regulator to make the decision, regard must be had to any need to seek, under section 135IZ,62 information and whether any information sought under the section has been given. (3) In making the decision the regulator may have regard to any relevant eligible electricity guidelines.

61 Sections 135DL (Power to register GEC without prescribed fee) and 135DJ (Deciding on validity and registration)

62 Section 135IZ (Additional information or inspection may be required) s 135DK 201 s 135DK Electricity Act 1994 (4) If the regulator decides the GEC was validly created, the regulator must, as soon as practicable— (a) register the GEC in the GEC register by complying with section 135JG;63 and (b) give the accredited generator who created it a notice stating— (i) that the GEC has been registered; and (ii) the information about the GEC that, under section 135JG, the regulator must record in the GEC register. (5) If the regulator decides the GEC was not validly created, the regulator must, as soon as practicable give the accredited generator an information notice about the decision.64

135DK Automatic registration (1) The regulator may establish a system under which the following are done or made automatically by electronic means— (a) the decision under section 135DJ about whether a GEC was validly created; (b) if the decision is that the GEC was validly created—the steps under section 135DJ(4). (2) However, the use of the automated system may allow a decision that the GEC was validly created only if the information noted under section 135DH on its face shows that the requirements under this chapter for the creation of a GEC have been met. (3) For chapter 10 and schedule 1,65 a decision made under the automated system is taken to be a decision of the regulator under section 135DJ.

63 Section 135JG (Required information for GEC register)

64 See also section 135JJ(1) (General provisions for register keeping).

65 Chapter 10 (Review of and appeals against decisions) and schedule 1 (Appeals against administrative decisions) s 135DL 202 s 135DN Electricity Act 1994

135DL Power to register GEC without prescribed fee (1) The regulator may decide whether a GEC was validly created even if the prescribed fee under section 135DH(1)(a)(i) has not been paid. (2) If the regulator makes a decision under subsection (1), the regulator may recover the amount of the prescribed fee as a debt.

135DM Effect of registration If a GEC is registered, it is, other than for the following provisions, taken to have been validly created— (a) part 2, division 3; (b) divisions 2, 3 and 5.66

135DN Ownership of GEC on registration (1) If a GEC is registered, the accredited generator that created it becomes its registered owner. (2) The ownership is subject to— (a) a mortgage of the GEC created by the accredited generator or to which the accredited generator is a party; and (b) a transfer or surrender of the GEC made under division 4. (3) This section is subject to sections 135DO(4), 135DW and division 5.67

66 Part 2, division 3 (Standard accreditation conditions) Divisions 2 (Improper creation or receipt of GECs), 3 (Term of GECs) and 5 (Amendment, cancellation and suspension of GECs)

67 Sections 135DO (Offence of improper creation of GEC) and 135DW (Ownership of GEC on transfer) and division 5 (Amendment, cancellation and suspension of GECs) s 135DO 203 s 135DP Electricity Act 1994 Division 2 Improper creation or receipt of GECs

135DO Offence of improper creation of GEC (1) A person must not create, or purport to create, a GEC if the person— (a) is not an accredited generator; or (b) knows that the creation or purported creation of the GEC is not, or would not be, valid. Maximum penalty—750 penalty units or 6 months imprisonment. (2) A person must not, unless the person has a reasonable excuse— (a) create a GEC if the creation of the GEC is not valid; or (b) purport to create a GEC the creation of which would not be valid. Maximum penalty—500 penalty units. (3) In a proceeding for an offence against subsection (1), if the court is not satisfied the defendant is guilty of the offence charged but is satisfied the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the offence against subsection (2).68 (4) In a proceeding for an offence against this section, the fact that the GEC has been registered must be disregarded.

135DP Defence to proceeding for improper creation of GEC It is a defence in a proceeding against a person for a failure to comply with section 135DO(1)(b) or (2) for the person to prove that, to the extent they are relevant, the person complied with the eligible electricity guidelines.

68 See also section 240A (Executive officers must ensure corporation complies with Act). s 135DQ 204 s 135DR Electricity Act 1994

135DQ Direction to accredited generator to surrender GECs (1) This section applies if an accredited generator has not complied with section 135AY or 135BA and, to the extent they are relevant, the generator did not comply with the eligible electricity guidelines.69 (2) The regulator may give the accredited generator a notice (a GEC surrender direction) directing the generator to— (a) make a surrender application for the number of GECs equivalent to the number of invalidly created GECS; and (b) if the accredited generator does not own enough GECs to make the application—acquire, by creation or transfer under part 4, enough GECs to do so. (3) The notice must be accompanied by or include an information notice about the decision to make the direction. (4) The accredited generator must comply with the direction. Maximum penalty—500 penalty units. (5) The giving of the direction does not limit the regulator’s powers under part 2, division 5 or division 5 of this part.70

135DR Improper receipt of invalidly created GEC (1) A person must not give the regulator a notice accepting the transfer of a GEC if the person knows the GEC was not validly created. Maximum penalty—500 penalty units. (2) A person must not give the regulator a notice accepting the transfer of a GEC if the person ought reasonably to have known that the GEC was not validly created. Maximum penalty—300 penalty units. (3) In a proceeding for an offence against subsection (1), if the court is not satisfied the defendant is guilty of the offence

69 Sections 135AY (Condition not to improperly create GECs) and 135BA (Obligation to take action because of improper creation of GECs or GEC review)

70 Part 2, division 5 (Amendment, cancellation and suspension of accreditation) and division 5 (Amendment, cancellation and suspension of GECs) s 135DS 205 s 135DU Electricity Act 1994 charged but is satisfied the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the offence against subsection (2).71 (4) In a proceeding for an offence against this section, the fact that the GEC has been registered must be disregarded. Division 3 Term of GECs

135DS Automatic expiry A GEC expires at the end of the second year after its vintage year. Example— A GEC registered on 1 May 2006 (2006 vintage) expires at the end of 2008.

135DT Surrender and cancellation (1) A registered GEC ceases to be in force if it is surrendered under division 4, subdivision 3, or cancelled under division 5. (2) A registered GEC has no force during any period in which it is suspended under division 5. Division 4 Dealings with GECs Subdivision 1 Transfers

135DU Conditions for transfer (1) The registered owner of a GEC may transfer the GEC only if— (a) it is in force; and (b) the transferee is a scheme participant; and

71 See also section 240A (Executive officers must ensure corporation complies with Act). s 135DV 206 s 135DW Electricity Act 1994 (c) section 135BS(4) or 135ID(4)72 does not prevent the registered owner from transferring the GEC. (2) A purported transfer of a GEC that does not comply with subsection (1) is of no effect.

135DV Notice and taking effect of transfer (1) A person who transfers a GEC must immediately give the regulator notice (a transfer notice) of the transfer. (2) The transfer notice must— (a) state the names of the transferor and transferee; and (b) identify the GEC; and (c) be accompanied by the fee prescribed under a regulation. (3) The transfer does not take effect until— (a) the transfer notice has been given; and (b) the transferee has given the regulator notice stating that the transferee accepts the transfer.73

135DW Ownership of GEC on transfer (1) When the transfer of a GEC takes effect, the transferee becomes its registered owner.74 (2) Subsection (1) applies even if the person who created, or purported to create the GEC, was not entitled to create it under this chapter. (3) The ownership— (a) is taken to be absolute and free of any other legal or equitable interest, or purported legal or equitable interest, in the GEC; but

72 Section 135BS and 135ID (Partial suspension for non-payment of annual fee)

73 See however section 135DR (Improper receipt of invalidly created GEC). For the requirement to record the transfer in the GEC register, see section 135JJ (General provisions for register keeping).

74 See also section 135JJ(3) and (4) (General provisions for register keeping). s 135DX 207 s 135DX Electricity Act 1994 (b) is subject to— (i) a mortgage of the GEC created by the transferee or to which the transferree is a party; and (ii) an equity arising from the act of the registered owner; and (iii) a transfer or surrender of the GEC made under this division. (4) Subsection (3)(a) applies— (a) even if the transferee had actual or constructive notice of the interest or purported interest; and (b) whether or not valuable consideration has been given for the transfer. (5) Subsections (1) to (3) do not apply if there has been fraud by the transferee in relation to the transfer or the registration. (6) This section applies subject to division 5.75

135DX Market operating rules and arrangements A regulation may— (a) make rules for the operation of services or systems that relate to the selling and buying of GECs; or (b) provide for arrangements that apply to persons who provide or use the services or systems; or (c) impose stated terms on the arrangements; or (d) provide for the legal effect or enforcement of the terms, including, for example by dispute resolution, arbitration or court proceedings.

75 Division 5 (Amendment, cancellation and suspension of GECs) s 135DY 208 s 135EB Electricity Act 1994 Subdivision 2 Mortgages

135DY Mortgage of GEC The registered owner of a GEC may mortgage it without the approval of, or notice to, the regulator.

135DZ Notice of intention to exercise powers under mortgage (1) This section applies if a registered owner of a GEC has mortgaged it and the owner has defaulted under the mortgage. (2) The mortgagee may exercise its powers under the mortgage only if the mortgagee has given the regulator notice of the mortgagee’s intention to exercise powers under the mortgage that relate to the GEC. (3) Any purported exercise of a power under the mortgage relating to the GEC that does not comply with subsection (2) is of no effect.

135E Consequence of exercising powers under mortgage If a mortgagee under a mortgage over a GEC exercises any power under the mortgage relating to the GEC, this chapter applies to the mortgagee as if the mortgagee were the registered owner of the GEC. Subdivision 3 Surrenders

135EA Surrender only by approval A GEC is surrendered only if an application to surrender the GEC has been made under this subdivision and the regulator has accepted the surrender.

135EB Who may apply for surrender (1) The owner of a GEC may apply to surrender it. s 135EC 209 s 135EE Electricity Act 1994 (2) The accredited generator who creates a GEC may, when the generator creates the GEC, apply to surrender it.76

135EC Making surrender application (1) The application must be made by— (a) paying the regulator the fee prescribed under a regulation to decide whether to accept the surrender; and (b) electronically noting in the GEC register, in the way approved by the regulator, an application to surrender the GEC. (2) The application must state the purpose of the proposed surrender. Examples— • to meet all or part of the 13% liability • to comply with section 135BA(2)(c)77 • to comply with a GEC surrender direction

135ED Power to accept application without prescribed fee (1) Despite section 135EC, the regulator may decide to accept the application and decide it even if the application is not accompanied by the prescribed fee required under the section. (2) If the regulator decides the application under subsection (1), the regulator may recover the amount of the prescribed fee as a debt.

135EE Deciding surrender application (1) The regulator may accept the surrender only if the GEC is in force or was in force when the surrender application was made.78 (2) Subsection (3) applies if—

76 See section 135DH (How a GEC is created).

77 Section 135BA (Obligation to take action because of improper creation of GECs or GEC review)

78 See section 135DI (When GEC takes effect). s 135EF 210 s 135EF Electricity Act 1994 (a) the purpose of the application is a purpose mentioned in the examples for section 135EC; and (b) the regulator considers the applicant has applied to surrender too many GECs to achieve that purpose. (3) The regulator may accept the proposed surrender to the extent needed to achieve the purpose and— (a) refuse to accept the rest of the proposed surrender; or (b) defer the deciding of the rest of the application for an appropriate period. (4) If the regulator decides not to accept all or part of the surrender the regulator must, as soon as practicable, give the applicant an information notice about the decision. Division 5 Amendment, cancellation and suspension of GECs Subdivision 1 Preliminary

135EF Application of div 5 (1) This division applies if— (a) a GEC is registered; and (b) because of information the regulator receives after the registration of the GEC, the regulator reasonably believes it was not validly created; and (c) either— (i) the registered owner of the GEC is the accredited generator that created it; or (ii) if someone else is the registered owner—the regulator reasonably believes that, before the person became the registered owner, the person knew or ought reasonably to have known that the GEC was not validly created. (2) Also, if an accredited generator has not complied with a GEC surrender direction, this division applies for each GEC of s 135EG 211 s 135EG Electricity Act 1994 which the generator is the registered owner up to the number of GECs that the direction required the generator to apply to surrender. (3) This division also applies if the registered owner of a GEC gives the regulator notice asking the regulator to cancel the GEC. Subdivision 2 Immediate suspension

135EG Immediate suspension (1) The regulator may, by notice to the registered owner, immediately suspend the GEC if the regulator reasonably suspects the owner may attempt to transfer the GEC. (2) The notice must— (a) identify the GEC; and (b) state each of the following— (i) that the GEC is suspended immediately; (ii) that the regulator believes the GEC was not validly created; (iii) the facts and circumstances forming the basis for the belief; (iv) the suspension period; (v) that the registered owner may make written submissions to the regulator to show why the suspension should end; and (c) include, or be accompanied by, an information notice about the decisions to give the notice and to fix the suspension period. (3) The suspension period must not be more than 40 business days. (4) The suspension has effect immediately after the registered owner is given the suspension notice. s 135EH 212 s 135EI Electricity Act 1994 (5) This section does not limit the power to suspend under subdivision 3. (6) Section 21679 does not apply to a decision under this section. Subdivision 3 Amendment, cancellation or suspension (other than immediate suspension)

135EH Power to amend, cancel or suspend (1) If the registered owner of the GEC has given the regulator notice asking the regulator to cancel the GEC, the regulator may cancel it. (2) Otherwise, the regulator may amend, cancel or suspend the GEC only by following the procedure under this subdivision. (3) To remove any doubt, it is declared that if the accredited generator has not complied with a GEC surrender direction, the cancellation may be made for any GEC. (4) However, the regulator may cancel a GEC with a different vintage year to the relevant vintage year only if the generator has no GECs of the relevant vintage year other than GECs that the regulator proposes to cancel under this subdivision. (5) In this section— relevant vintage year means the vintage year for the GECs that the direction required the generator to apply to surrender.

135EI Notice of proposed action (1) The regulator must give the registered owner notice stating each of the following— (a) the action (the proposed action) the regulator proposes to take under this division; (b) that the regulator believes the GEC was not validly created;

79 Section 216 (Stay of operation of decision etc.) s 135EJ 213 s 135EK Electricity Act 1994 (c) the facts and circumstances forming the basis for the belief; (d) if the proposed action is to amend—the proposed amendment; (e) if the proposed action is to suspend—the proposed suspension period; (f) that the registered owner may make, within a stated period, written submissions to show why the proposed action should not be taken. (2) The stated period must end at least 20 business days after the notice is given.

135EJ Considering submissions (1) The regulator must consider any written submission made under section 135EI(1)(f) by the registered owner within the period stated in the notice. (2) If the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give the registered owner notice of the decision.

135EK Decision on proposed action (1) If, after complying with section 135EJ, the regulator still believes the GEC was not validly created, the regulator may decide to— (a) if the proposed action was to amend—make the amendment; or (b) if the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or (c) if the proposed action was to cancel— (i) cancel the GEC; or (ii) suspend it for a stated period. (2) However, the regulator can not take the proposed action if the regulator is satisfied that, to the extent they are relevant, the s 135EL 214 s 135EL Electricity Act 1994 person who created the GEC complied with the eligible electricity guidelines. (3) Section 21680 does not apply to a decision to suspend under this section.

135EL Notice and taking of effect of proposed action decision (1) The regulator must, as soon as practicable after making a decision under section 135EK, give the registered owner an information notice about the decision. (2) The decision takes effect on the later of the following— (a) the day the information notice is given; (b) a later day of effect stated in the notice. (3) However, if the decision was to amend or cancel because of a conviction, the amendment or cancellation— (a) does not take effect until— (i) the period to appeal against the conviction ends; and (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and (b) has no effect if the conviction is quashed on appeal. (4) Also, if the decision was to suspend because of a conviction, the suspension ends if the conviction is quashed on appeal.

80 Section 216 (Stay of operation of decision etc.) s 135EM 215 s 135EM Electricity Act 1994 Part 5 13% liability Division 1 Preliminary

135EM Simplified explanation of pt 5 (1) Sections 135EP and 135ET impose an annual liability (the 13% liability) on particular persons who sell or use electricity loads to surrender GECs to the regulator. (2) The liability only applies to— (a) particular persons who have a relationship with a major grid; or (b) an accredited generator for a power station connected to a small grid. (3) The liability only attaches to 1 person, the liable person, as provided for in section 135ES and division 5.81 (4) The liability under subsection (2)(a) applies to all electricity loads, other than any of the following loads— (a) a load for which, under division 5, there is no liable person; (b) a load (an exempted load) the subject of a liable load exemption;82 (c) a load that, under division 7, is not a liable load (a non-liable load). (5) An electricity load to which the liability applies as mentioned in subsection (4) is called a liable load. (6) The relevant year to which the 13% liability attaches is the liable year for that liability.

81 Section 135ES (Liable person) and division 5 (Liable persons in relation to major grids)

82 See division 6 (Exempted loads). s 135EN 216 s 135EQ Electricity Act 1994 Division 2 The 13% liability Subdivision 1 Imposition of 13% liability in relation to major grids

135EN Application of sdiv 1 This subdivision applies, subject to section 135EM(4), to a liable person for a liable load, other than an accredited generator for a power station connected to a small grid.

135EO Liable person Division 5 provides for who is the liable person for the liable load.

135EP Liability (1) The liable person has, for each year from 2005, an annual liability to the regulator that equates to— (a) for the person’s liable loads generated from eligible fuels supplied under a direct supply arrangement that was in force on 24 May 2000—13% of the total of the liable loads, in MWh, above the baseline fixed for the customer to whom the load is supplied; and (b) for the person’s other liable loads—13% of the total of the liable loads, in MWh. (2) For subsection (1), if 13% of the total liable loads is a number of MWhs that ends in a fraction, the number is taken to be the whole number of MWhs, disregarding the fraction.

135EQ How and when liability must be met (1) The 13% liability must be met by surrendering, under part 4, division 4, subdivision 3, the number (the required number) s 135ER 217 s 135ET Electricity Act 1994 of GECs that equates to 13% of the person’s liable load for the liable year.83 (2) The surrenders must be made on or before the final surrender day for the next year after the liable year. (3) However, the 13% liability is taken to be complied with if— (a) the liable person has, on or before the final surrender day made a surrender application for GECs; and (b) should the surrenders be accepted, the required number of GECs are surrendered. (4) In this section— final surrender day means— (a) generally—the last business day in April; or (b) if the regulator has, by notice given to the liable person, fixed a day between the last business day in April and the next penalty imposition day—that fixed day. Subdivision 2 Imposition of 13% liability in relation to small grids

135ER Application of sdiv 2 This subdivision applies for a power station connected to a small grid.

135ES Liable person If there is an accredited generator for the power station and the generator creates GECs, the generator is the liable person.

135ET How and when liability must be met (1) The liable person has, for each year from 2005, an annual liability to the regulator to surrender, under part 4, division 4, subdivision 3, the number of GECs that equates to 13% of the

83 See however section 135FO (Credit to future 13% liability for over surrender). s 135EU 218 s 135EV Electricity Act 1994 GECs created by the person and registered during the liable year.84 (2) The surrenders must be made on or before the final surrender day for the next year after the liable year. (3) However, the 13% liability is taken to be complied with if— (a) the liable person has, on or before the final surrender day made a surrender application for GECs; and (b) should the surrenders be accepted, the required number of GECs are surrendered. (4) In this section— final surrender day means— (a) generally—the last business day in April; or (b) if the regulator has, by notice given to the liable person, fixed a day between the last business day in April and the next penalty imposition day—that fixed day. Subdivision 3 General provisions for 13% liability

135EU GECs that can not be used to meet 13% liability In deciding whether the 13% liability has been met for a liable year the surrender of a GEC must be disregarded if the surrender is— (a) to comply with section 135BA;85 or (b) under a GEC surrender direction.

135EV Liability not subject to condition of GEC ownership To remove any doubt, it is declared that the 13% liability applies to a liable person even if the person does not own any GECs or does not own enough GECs to meet the liability.

84 See however section 135FO (Credit to future 13% liability for over surrender).

85 Section 135BA (Obligation to take action because of improper creation of GECs or GEC review) s 135EW 219 s 135EY Electricity Act 1994

135EW Obligation to keep documents relating to 13% liability (1) The liable person must, unless the person has a reasonable excuse, keep during the relevant period all documents that will allow the person’s 13% liability for a liable year to be worked out. Maximum penalty—200 penalty units. (2) In this section— relevant period means the period that ends 5 years after the giving of a self-assessment report for the 13% liability. Division 3 Civil penalty for not meeting 13% liability

135EX Application of div 3 This division applies if a liable person does not meet the 13% liability for any liable year.

135EY Imposition of civil penalty for not meeting 13% liability (1) Subject to section 135EZ, the liable person must, on the later of the following days, pay the regulator a civil penalty— (a) the next 30 June after the 13% liability was not met; (b) if the regulator has, by notice given to the liable person before the next 30 June, fixed a later day—the later day. (2) The day mentioned in subsection (1) is the penalty imposition day for the 13% liability. (3) If the liable person meets the 13% liability before the penalty imposition day, the obligation to pay the civil penalty ends. (4) If the liable person does not meet the 13% liability before the penalty imposition day, the obligation to pay the penalty applies whether or not the liable person later meets the liability. (5) However, if the penalty is paid the 13% liability for the liable year ends. s 135EZ 220 s 135F Electricity Act 1994 (6) Subsection (5) is subject to any assessment, under division 4,86 that increases the amount of the penalty or the 13% liability.

135EZ Exemption to allow for meter data revisions or adjustments Despite the liable person not having met all of the 13% liability for a particular liable year before the penalty imposition day for the 13% liability, the obligation to pay the civil penalty ends if— (a) the person has given the regulator a self-assessment report for that year; and (b) the person gives the regulator evidence that the failure to meet the 13% liability was because of meter data revisions or adjustments that were not available to the person when the report was given; and (c) before the penalty imposition day the person met the 13% liability other than to the extent it relates to the revisions or adjustments; and (d) the person meets all of the 13% liability on or before the next final surrender day under— (i) if division 2, subdivision 1 applies—section 135EQ; or (ii) if division 2, subdivision 2 applies—section 135ET.87

135F Amount of civil penalty The amount of the civil penalty is worked out using the following formula— P = ( 13% LL – GECs surrendered ) × SC where—

86 Division 4 (Assessments)

87 Division 2, subdivisions 1 (Imposition of 13% liability in relation to major grids) and 2 (Imposition of 13% liability in relation to small grids) Sections 135EQ and 135ET (How and when liability must be met) s 135FA 221 s 135FA Electricity Act 1994 P is the amount of the penalty. 13%LL is 13% of the liable load, in MWh, for which the 13% liability was imposed. GECs surrendered is the total number of— (a) GECs surrendered to meet the 13% liability for the liable year; and (b) GECs the subject of a surrender application under section 135EQ(3) or 135ET(3).88 SC is the amount of the shortfall charge for the liable year, as fixed under section 135FA.

135FA Shortfall charge (1) For section 135F, the amount of the shortfall charge is the following— (a) for 2005—$11; (b) for 2006—$11, CPI indexed; (c) for 2007—the shortfall charge for 2006, CPI indexed; (d) for 2008—the shortfall charge for 2007, CPI indexed; (e) for 2009—the shortfall charge for 2008, CPI indexed; (f) for 2010—the shortfall charge for 2009, CPI indexed; (g) for 2011—the shortfall charge for 2010, CPI indexed; (h) for 2012 to 2019—the shortfall charge for 2011. (2) However, if the amount provided for under subsection (1) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest 5c, rounded up. (3) In this section— CPI means— (a) the all groups index for Brisbane published by the Australian Bureau of Statistics; or

88 Section 135EQ or 135ET (How and when liability must be met) s 135FB 222 s 135FD Electricity Act 1994 (b) if the index ceases to be published, another similar index prescribed under a regulation. CPI indexed, for a stated year, means the addition of an amount that equates to the percentage increase in the CPI from the December quarter for the previous year and the December quarter for the stated year.

135FB Interest on unpaid civil penalty (1) The liable person must pay interest on an amount owing for the civil penalty unpaid from time to time. (2) Interest accrues daily at the rate of 10% a year on the unpaid amount on and from the day after it is owing until it is paid in full. (3) The regulator may waive payment of the interest. (4) The liability to pay the amount waived is extinguished.

135FC Recovery of unpaid civil penalty and interest (1) If the liable person does not pay an amount owing under this division, the State may recover the amount from the person as a debt. (2) Despite the Limitation of Actions Act 1974, section 10(5),89 the proceeding may be started within 6 years after the penalty imposition day for the relevant 13% liability. Division 4 Assessments Subdivision 1 Self-assessment

135FD Self-assessment report (1) Each liable person must, on or before the report day in each year from 2006, give the regulator a report (a self-assessment

89 Limitation of Actions Act 1974, section 10 (Actions of contract and tort and certain other actions) s 135FE 223 s 135FE Electricity Act 1994 report) that complies with subsection (2) about the person’s 13% liability for the previous year. Maximum penalty—200 penalty units. (2) The report must— (a) be in the approved form; and (b) for an accredited generator for a power station connected to a small grid—state how many registered GECs the person created during the previous year; and (c) for a liable person other than an accredited generator for a power station connected to a small grid—give all information needed to work out the person’s liable load for the previous year, including, for example, any electricity loads the person claims were exempt or non-liable loads; and (d) the liable person’s 13% liability for the previous year, as worked out by the person; and (e) state how many GECs the person has surrendered to meet the 13% liability.90 (3) In this section— report day means— (a) generally—the last business day in April; or (b) if the regulator has, by notice given to the liable person before the day mentioned in paragraph (a), fixed a later day—the later day.

135FE Derivative use immunity for self-assessment report (1) It is not a defence to a proceeding for an offence against section 135FD(1) that the giving of the report or information it contains might tend to incriminate the liable person. (2) However, if the liable person is an individual evidence of, or evidence directly or indirectly derived from, the report or information it contains that might tend to incriminate the

90 See also section 135JS (Additional information about reports and other matters). s 135FF 224 s 135FH Electricity Act 1994 liable person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding— (a) for an offence for which the falsity or misleading nature of the answer is relevant; or (b) to recover an amount under section 135FC.91

135FF Obligation to keep documents used to make self-assessment report If a liable person gives the regulator a self-assessment report, the person must, unless the person has a reasonable excuse, keep all documents the person used to make the report for 5 years after the giving of the report. Maximum penalty—200 penalty units. Subdivision 2 Assessments by regulator

135FG Purpose of sdiv 2 (1) This subdivision gives the regulator power to make assessments of the 13% liability and any civil penalty for not meeting it. (2) Subdivision 4 provides for the evidentiary effect of the assessments in proceedings relating to the liability or the penalty.

135FH Default assessment (1) If a liable person has not given the regulator a self-assessment report as required under section 135FD, the regulator may make an assessment (a default assessment) for the following that the regulator reasonably believes is outstanding— (a) the 13% liability for the year for which the report ought to have been given;

91 Section 135FC (Recovery of unpaid civil penalty and interest) s 135FI 225 s 135FJ Electricity Act 1994 (b) if the penalty imposition day for the 13% liability has passed—the civil penalty for not meeting the 13% liability. (2) A default assessment must state— (a) the amount of the 13% liability or civil penalty; and (b) when, under section 135EY, the civil penalty became payable; and (c) any interest payable, under section 135FB, on the civil penalty.92

135FI Reassessment If the regulator is not satisfied about the accuracy or completeness of a self-assessment report the regulator may make an assessment (a reassessment) for the following that the regulator reasonably believes is outstanding— (a) the 13% liability for the year for which the report was given; (b) if the penalty imposition day for the 13% liability has passed—the civil penalty for not meeting the 13% liability.

135FJ Compromise assessment (1) This section applies if, because of a complexity or uncertainty or for another reason, it is difficult or impracticable for the liable person or the regulator to properly work out the amount of the liable person’s 13% liability for any year. (2) The regulator may, under a written agreement with the liable person, make an assessment (a compromise assessment) of the 13% liability. (3) A compromise assessment must also state—

92 Sections 135EY (Imposition of civil penalty for not meeting 13% liability) and

135FB (Interest on unpaid civil penalty) s 135FK 226 s 135FK Electricity Act 1994 (a) if the penalty imposition day for the 13% liability has passed—the amount of the civil penalty for not meeting the 13% liability; and (b) when, under section 135EY, the civil penalty became payable; and (c) any interest payable, under section 135FB, on the civil penalty. (4) Nothing in this part requires the regulator to make a compromise assessment for a liable person.

135FK Amended assessment (1) The regulator may amend a default assessment, reassessment or compromise assessment in any way the regulator considers is reasonably necessary to correct the relevant 13% liability or civil penalty. (2) An amendment under subsection (1) is called an amended assessment. (3) An amended assessment must state— (a) the 13% liability or the amount of the civil penalty; and (b) for the civil penalty— (i) when, under section 135EY, it became payable; and (ii) any interest payable on it under section 135FB. (4) However, a compromise assessment may be amended only— (a) with the written agreement of the relevant liable person; or (b) if the regulator reasonably believes the compromise was agreed to by the regulator because of fraud or a false or misleading statement; or (c) if, when the compromise was made, the regulator was unaware of information material to the making of the compromise. s 135FL 227 s 135FO Electricity Act 1994

135FL Assessments made on available relevant information The regulator may make an assessment on the available information the regulator considers relevant.

135FM Notice of assessment and when it takes effect (1) As soon as practicable after making an assessment, the regulator must give the relevant liable person notice of the assessment. (2) The assessment takes effect on the later of the following— (a) the day the notice is given; (b) a later day of effect stated in the notice. (3) If the assessment is an assessment other than a compromise assessment, the notice must include or be accompanied by an information notice about the decision to make the assessment.

135FN Time for assessment by regulator An assessment by the regulator may be made only within 5 years after the final surrender day under section 135EQ or 135ET for the relevant 13% liability.93 Subdivision 3 Credits and refunds

135FO Credit to future 13% liability for over surrender (1) This section applies if— (a) under an amended assessment, compromise assessment or reassessment, a liable person’s 13% liability for a year is decreased; and (b) the liable person has, for that year, surrendered more than the number of GECs that the assessment states was required to meet the liability.

93 Section 135EQ or 135ET (How and when liability must be met) s 135FP 228 s 135FQ Electricity Act 1994 (2) The amount of the over surrender is taken to have been made for the next year or years for which the liable person must meet the 13% liability. (3) Subsection (2) is subject to section 135DS.94

135FP Regulator to refund overpaid civil penalty and interest (1) An entitlement to a refund of an amount paid for the civil penalty and interest on the penalty arises if, under an amended assessment, compromise assessment or reassessment, a liable person’s liability for the civil penalty is decreased. (2) The regulator must refund the overpaid amount. (3) The liable person is not entitled to— (a) a refund of any civil penalty or interest on the penalty paid, or purportedly paid, other than under this section; or (b) interest on the overpaid amount. Subdivision 4 Evidentiary provisions for assessments

135FQ Evidentiary provisions (1) This section applies to any proceeding under or in relation to this chapter. (2) Production of a document signed by the regulator purporting to be a copy of an assessment by the regulator— (a) is conclusive evidence of the proper making of the assessment; and (b) for a proceeding on an appeal against a decision to make the assessment, is evidence that the amount and all particulars of the assessment are correct; and (c) for another proceeding, is conclusive evidence—

94 Section 135DS (Automatic expiry) s 135FR 229 s 135FR Electricity Act 1994 (i) of the 13% liability and any civil penalty and interest on the penalty as stated in the assessment; and (ii) that all particulars of the assessment are correct. (3) The validity of an assessment by the regulator is not affected merely because a provision of this chapter has not been complied with. Division 5 Liable persons in relation to major grids Subdivision 1 Liability hierarchy

135FR Operation of sdiv 1 (1) This subdivision provides for who is the liable person for a liable load other than in relation to a power station connected to a small grid.95 (2) The general principle of this subdivision is— (a) that the liable person is— (i) any relevant retailer for the load; or (ii) if there is no relevant retailer for the load—the relevant special approval holder for the load; or (iii) if there is no relevant retailer or relevant special approval holder for the load—any other person who, in effect, acts as a retailer in relation to the load; but (b) the person mentioned in paragraph (a) is not the liable person for the load if— (i) the person sells the load to NEMMCO; or (ii) NEMMCO later acquires the load.

95 For who is the liable person in relation to a power station connected to a small grid, see division 2, subdivision 2 (Imposition of 13% liability in relation to small grids). s 135FS 230 s 135FT Electricity Act 1994 (3) If no liable person is provided for the load, the 13% liability does not apply to anyone.

135FS Retailer (1) If the liable load is electricity generated or used at premises with a substantive traceable link to a major grid and a retailer sells the electricity to any of the following in the State, the retailer is the liable person for the load— (a) a customer of the retailer, other than another retailer; (b) an on-supplier; (c) a special approval holder. (2) However— (a) the retailer is not the liable person for the load if— (i) the retailer sells the load to NEMMCO; or (ii) NEMMCO later acquires the load; and (b) the retailer ceases to be the liable person for the load if it is sold later by another retailer.

135FT Special approval holder (1) A special approval holder is a liable person for the liable load if— (a) the liable load is electricity generated or used at premises with a substantive traceable link to a major grid; and (b) the power station that generated the electricity— (i) can not be identified; or (ii) has a nameplate capacity of more than 5MW and an annual generation output of more than 100MWh; and (c) no retailer is the liable person for the load; and (d) the special approval holder sells the electricity to any of the following in the State— s 135FU 231 s 135FV Electricity Act 1994 (i) a customer of the special approval holder; (ii) an on-supplier; (iii) another special approval holder; and (e) the load has not previously been sold by another special approval holder. (2) The special approval holder continues to be the liable person for the load even though another special approval holder later sells it to someone else. (3) Despite subsections (1) and (2), the special approval holder is not the liable person for the load if— (a) the special approval holder sells the load to NEMMCO; or (b) NEMMCO later acquires the load.

135FU Specific circumstance generator (1) This section applies if— (a) a power station has a substantive traceable link to a major grid; and (b) the liable load is electricity sold directly from the power station to an end user in the State; and (c) the power station has— (i) a nameplate capacity of more than 5MW; and (ii) an annual generation output of more than 100MWh; and (d) a dedicated line is used for the supply; and (e) no retailer or special approval holder is the liable person for the load. (2) The person who sells the electricity to the end user is the liable person for the load.

135FV Substantial on-site generator If— s 135FW 232 s 135FX Electricity Act 1994 (a) the liable load is electricity— (i) generated in the State; and (ii) generated or used at premises with a substantive traceable link to a major grid; and (b) the power station at which the electricity is generated has— (i) a nameplate capacity of more than 5MW; and (ii) an annual generation output of more than 100MWh; and (c) the person who generated the electricity (the generator) also uses it in the State; and (d) no retailer or special approval holder is the liable person for the load; the generator is the liable person for the load.

135FW Wholesale purchaser from spot market If— (a) the liable load is, under the National Electricity Rules, electricity bought directly from NEMMCO by someone (the purchaser) for their own use; and (b) the premises at which the electricity is used has a substantive traceable link to a major grid; and (c) no retailer or special approval holder is the liable person for the load; the purchaser is the liable person for the load. Subdivision 2 Resolving disputes about who is the liable person

135FX Application of sdiv 2 This subdivision applies if a dispute exists about who is the liable person for a liable load and the regulator is not a party to the dispute. s 135FY 233 s 135G Electricity Act 1994

135FY Referral to regulator (1) Any party to the dispute (the referrer) may refer it to the regulator to decide who is the liable person. (2) The referral must— (a) be written; and (b) include submissions about who the referrer believes is the liable person; and (c) state the grounds for the belief; and (d) include all documents or information the referrer has that will allow the regulator to resolve the dispute.

135FZ Submissions by other affected parties Before deciding who is the liable person the regulator must— (a) give each party to the dispute other than the referrer a copy of the referral; and (b) invite each other party to make written submissions about the dispute; and (c) give the referrer a reasonable opportunity to give the regulator a written response to the submissions; and (d) consider the referral, submissions and response.

135G Regulator’s power to require documents or information (1) The regulator may, by notice, require a party to the dispute to give the regulator a stated document or information the regulator reasonably requires to decide who is the liable person. (2) The notice must be accompanied by, or include, an information notice about the decision to make the requirement. (3) The document or information must be given within a reasonable period after giving the notice, unless the party has a reasonable excuse. Maximum penalty—100 penalty units. s 135GA 234 s 135GC Electricity Act 1994 (4) It is not a reasonable excuse not to give the document or information because it is confidential or because the party has agreed with another party or someone else not to give it to anyone else.

135GA Regulator may require confidentiality to be observed (1) A person who gives the regulator information, or produces a document, may ask the regulator to keep the information or the contents of the document confidential. (2) After considering representations from the parties to the dispute, the regulator may impose conditions limiting access to, or disclosure of, the information or document. Example of a condition that may be imposed— a condition that the parties, or a stated party, may use the information or document only for the mediation (3) A person to whom a condition under subsection (2) applies must comply with the condition. Maximum penalty for subsection (3)—200 penalty units.

135GB Regulator may require mediation Before deciding who is the liable person the regulator may require the parties to the dispute to undergo mediation of a stated type.

135GC Criteria for decision The matters the regulator must consider in deciding who is the liable person include each of the following— (a) each relevant agreement between the parties; (b) the purpose of each relevant agreement; s 135GD 235 s 135GF Electricity Act 1994 (c) the ability of any party to the dispute to pass on the cost of meeting the 13% liability;96 (d) the main purposes of this chapter;97 (e) the general principle of subdivision 1.98

135GD Exclusion of other jurisdictions (1) If the dispute has been referred to the regulator, the following matters are not justiciable by a court or tribunal at the instigation of a party to the dispute— (a) an issue in the dispute; (b) any issue that arises in the course of the regulator’s deciding of the dispute. (2) However, subsection (1) does not apply if the proceeding before the court or tribunal was started before the dispute was referred to the regulator.

135GE Notice of decision After deciding who is the liable person, the regulator must give each party to the dispute an information notice about the decision.

135GF Decision binds parties to the dispute The regulator’s decision about who is the liable person binds each party to the dispute.

96 See section 309 (Existing electricity supply contracts).

97 See section 135A (Main purposes of ch 5A).

98 See section 135FR (Operation of sdiv 1). s 135GG 236 s 135GI Electricity Act 1994 Division 6 Exempted loads Subdivision 1 Preliminary 135GGWho is an interested person for an electricity load (1) An interested person for an electricity load is— (a) each person who is, or may become, the liable person for the load; and (b) the person who generates or uses the load. (2) Also, if a business or enterprise is, or is part of a significant project, the proponent of the project is an interested person for electricity loads supplied to the business or enterprise.

135GH Who obtains the benefit of liable load exemption (1) If a liable load exemption is granted, the person who applied for it has the benefit of the exemption and is taken to be registered under part 6 as a scheme participant. (2) Another person who is a scheme participant and an interested person for the load may also claim the benefit of the exemption. Subdivision 2 State development exemption

135GI Application and operation of sdiv 2 (1) This subdivision applies if a business or enterprise is, or is part of any of the following projects (a significant project)— (a) a project that, under the State Development and Public Works Organisation Act 1971, part 4,99 has been declared to be a significant project;

99 State Development and Public Works Organisation Act 1971, part 4 (Environmental coordination) s 135GJ 237 s 135GJ Electricity Act 1994 (b) another project that the regulator decides provides, or will provide, substantial strategic and economic benefits to the State. (2) In making the decision, the regulator may consider any matter mentioned in the State Development and Public Works Organisation Act 1971, section 27. (3) This subdivision gives the regulator power to grant a liable load exemption for the proportion of all electricity loads supplied, or proposed to be supplied, to the business or enterprise that is not eligible gas-fired electricity if the total of the loads is, or will be, more than 750GWh a year. (4) A liable load exemption granted under this division is a State development exemption.

135GJ Making application (1) Any interested person for any of the loads may apply for the exemption. (2) The application must— (a) be in the approved form; and (b) identify each of the following— (i) the business or enterprise; (ii) each relevant premises; (iii) the electricity loads; (iv) the proponent of the significant project; and (c) state each of the following— (i) the applicant’s estimate of the proportion of the electricity supply or proposed supply that is not eligible gas-fired electricity; (ii) each interested person for the electricity loads; (iii) if the supply started before the 3 years before the making of the application—details of the electricity consumption of the business or enterprise during the 3 years; s 135GK 238 s 135GL Electricity Act 1994 (iv) if the supply started during the 3 years before the making of the application—details of the electricity consumption of the business or enterprise from when the supply started to the making of the application; and (d) be accompanied by each of the following— (i) evidence that the business or enterprise is, or will be, part of the significant project; (ii) evidence that the supply or proposed supply is, or will be— (A) more than 750GWh a year; and (B) carried out as part of the same business or enterprise; (iii) if the supply has not started or has not exceeded 750GWh a year— (A) the parts of any environmental impact statement for the project, as made under another Act, that are relevant to the business or enterprise; and (B) a schedule by the applicant for bringing the supply over 750GWh a year; (iv) the fee prescribed under a regulation.

135GK Notice to other interested persons The applicant must give any other interested person for any of the electricity loads— (a) a copy of the application; and (b) a notice stating that the interested person may make, within 20 business days after the person is given the notice, written submissions to the regulator about the application.

135GL Deciding application (1) The regulator must decide whether to grant or refuse the application. s 135GM 239 s 135GM Electricity Act 1994 (2) However, if section 135GK applies, the regulator— (a) must not make the decision until the applicant has complied with that section; and (b) must consider any written submissions made under that section. (3) Also, the regulator may grant the application only if satisfied of each of the following— (a) the business or enterprise is, or is part of, a significant project; (b) the total of the electricity loads supplied, or proposed to be supplied, to the business or enterprise is, or will be— (i) more than 750GWh a year; and (ii) carried out as part of the same business or enterprise; (c) if the total of the supply is currently 750GWh a year or less—that the period to bring it over 750GWh a year will not be more than 4 years from when the business or enterprise first consumes or consumed electricity for production; (d) all of the business or enterprise is carried out in the same locality; (e) the supply or proposed supply does, or will, include a proportion of electricity that is not eligible gas-fired electricity.

135GM Steps after deciding application (1) If the regulator decides to grant the application, the regulator must— (a) decide the extent to which the liable load exemption is granted; and (b) decide the term of the exemption; and (c) give the applicant a certificate in the approved form about the exemption; and s 135GN 240 s 135GO Electricity Act 1994 (d) give each interested person for any of the electricity loads a copy of the certificate. (2) The term of the exemption— (a) must not be more than 15 years; and (b) may start at any day not before 1 January 2005; and (c) is subject to any cancellation or suspension under subdivision 8. (3) If the regulator makes any of the following decisions, the regulator must give the applicant and each interested person an information notice about the decision— (a) a decision to refuse the application; (b) a decision about the extent to which the liable load exemption is granted, other than an extent to which the applicant has agreed.

135GN Condition for proposed supply (1) This section applies if the State development exemption is granted and, when it is granted, the total of the electricity loads supplied to the business or enterprise is 750GWh a year or less. (2) It is a condition of the exemption that the supply must comply with— (a) the schedule that accompanied the application for the exemption; or (b) if, under section 135GO, the schedule has been amended—the amended schedule. (3) If the schedule or amended schedule is complied with, the condition under section 135GP applies. 135GOAmendment of applicant’s supply schedule (1) If the State development exemption is granted, the proponent of the significant project may apply in writing to the regulator to amend either of the following (the earlier schedule)— s 135GO 241 s 135GO Electricity Act 1994 (a) the schedule that accompanied the application for the exemption; (b) the schedule that accompanied the application for the exemption, as previously amended under this section. (2) If there is any other interested person for any of the exempted loads— (a) the applicant must give the interested person— (i) a copy of the application; and (ii) a notice stating that the interested person may make, within 20 business days after the person is given the notice, written submissions to the regulator about the application; and (b) the regulator— (i) must not decide the application until the applicant has complied with paragraph (a); and (ii) must consider any written submissions made under that paragraph. (3) The regulator may amend the earlier schedule only if satisfied— (a) the earlier schedule was given to the regulator in good faith; and (b) the period to bring the electricity loads supplied to the relevant business or enterprise to more than 750GWh a year has not been, and will not be, more than 4 years from when the business or enterprise first consumes or consumed electricity for production; and (c) either— (i) the proponent has made all reasonable attempts to comply with the earlier schedule; or (ii) any inability to comply with the earlier schedule was caused by a circumstance or event beyond the proponent’s control that the proponent took all reasonable steps to avoid; or s 135GP 242 s 135GQ Electricity Act 1994 (iii) a material change in circumstances for the significant project has unavoidably caused a need to amend the earlier schedule. (4) If the regulator decides to refuse the application, the regulator must, as soon as practicable, give the applicant and any other interested person for any of the exempted loads of whom the regulator is aware an information notice about the decision.

135GP Condition for continuity of supply (1) This section applies if the application is granted and, when it is granted, the total of the electricity loads supplied to the business or enterprise is more than 750GWh a year. (2) It is a condition of the State development exemption that the supply must not be reduced to 750GWh a year or less unless the reduction was caused by— (a) energy efficiency initiatives and the production of the business or enterprise has not declined; or (b) an unavoidable act of nature; or (c) a circumstance or event that— (i) was beyond the control of the proponent of the significant project; and (ii) the proponent took all reasonable steps to avoid. Example of an event— an emergency water prohibition or reduction under the Water Act 2000, section 22100 135GQReporting condition (1) It is a condition of the exemption that if an interested person for the exempted load becomes aware of the happening of an event as follows, the interested person must give the regulator notice of the event as soon as practicable— (a) the supply falls to 750GWh a year or less;

100 Water Act 2000, section 22 (Limiting or prohibiting taking, or interfering with, water during emergencies) s 135GR 243 s 135GS Electricity Act 1994 (b) another material change in the circumstances under which the exemption was granted. (2) The notice must also state the reasons for the happening of the event.101 Subdivision 3 Renewable energy exemption

135GR Operation of sdiv 3 (1) This subdivision gives the regulator power to grant a liable load exemption for an electricity load supplied by an on-site generator or under a direct supply arrangement under which a power station supplies electricity to an end user in the State using a dedicated line to the extent the electricity is generated from a renewable energy source— (a) of a type prescribed under a regulation (a prescribed renewable energy source); or (b) recognised under a law or program prescribed under a regulation about renewable energy (a recognised program). (2) An electricity load mentioned in subsection (1) is called eligible renewable electricity. (3) Sections 135GV(2) and 135GW102 adjust the extent mentioned in subsection (1) to allow for minor supplementation of electricity generation from fuels that are not a prescribed renewable energy source or under a recognised program.

135GS Making application (1) Any interested person for the load may apply for the exemption. (2) The application must—

101 See also section 135JS (Additional information about reports and other matters).

102 Sections 135GV (Steps after deciding application) and 135GW (Ineligible fuel allowance) s 135GT 244 s 135GU Electricity Act 1994 (a) be in the approved form; and (b) identify the electricity load; and (c) be accompanied by evidence— (i) that the electricity is supplied by an on-site generator or of the direct supply arrangement; and (ii) that the electricity load is generated from a prescribed renewable energy source or under a recognised program; and (d) include information that will allow the regulator to decide the extent to which the electricity is eligible renewable electricity; and (e) be accompanied by the fee prescribed under a regulation.

135GT Notice to other interested persons The applicant must give any other interested person for the electricity load— (a) a copy of the application; and (b) a notice stating that the interested person may make, within 20 business days after the person is given the notice, written submissions to the regulator about the application.

135GU Deciding application (1) The regulator must decide whether to grant or refuse the application. (2) However, if section 135GT applies, the regulator— (a) must not make the decision until the applicant has complied with that section; and (b) must consider any written submissions made under that section. (3) Also, the regulator may grant the application only if satisfied the electricity is— s 135GV 245 s 135GV Electricity Act 1994 (a) supplied by an on-site generator or under a direct supply arrangement using a dedicated line; and (b) generated— (i) from a prescribed renewable energy source; or (ii) under a recognised program.

135GV Steps after deciding application (1) If the regulator decides to grant the application, the regulator must— (a) decide the extent to which the electricity is eligible renewable electricity; and (b) decide the term of the exemption; and (c) give the applicant a certificate in the approved form about the exemption; and (d) give each interested person for the load a copy of the certificate. (2) If— (a) apart from this subsection, the regulator would have decided that the electricity is 90% or more eligible renewable electricity; and (b) all of the electricity is supplied by an on-site generator or under a direct supply arrangement; the regulator must decide that 100% of the electricity is eligible renewable electricity. (3) The term of the exemption— (a) must not be more than 15 years; and (b) may start at any day not before 1 January 2005; and (c) is subject to any cancellation or suspension under subdivision 8. (4) If the regulator makes any of the following decisions, the regulator must give the applicant and each interested person an information notice about the decision— (a) a decision to refuse the application; s 135GW 246 s 135GY Electricity Act 1994 (b) a decision about the extent to which the electricity is eligible renewable electricity, other than an extent to which the applicant has agreed.

135GW Ineligible fuel allowance If— (a) under section 135GV, the regulator has decided an extent to which the electricity is eligible renewable electricity; and (b) the extent is less than 90%; the percentage is adjusted by an allowance of 1.112. Example— The decided extent is 80%. The adjusted percentage is 89% (0.80 x 1.112).

135GX General conditions of exemption It is a condition of the exemption that the electricity load the subject of the exemption must continue to be— (a) supplied by an on-site generator or under a direct supply arrangement; and (b) generated from a prescribed renewable energy source or under a recognised program.

135GY Reporting condition It is a condition of the exemption that, if an interested person for the exempted load becomes aware of the happening of an event as follows the interested person must give the regulator notice of the event as soon as practicable— (a) the electricity load the subject of the exemption ceases to be— (i) supplied by an on-site generator or under a direct supply arrangement; or (ii) generated from a prescribed renewable energy source or under a recognised program; s 135GZ 247 s 135HA Electricity Act 1994 (b) a change in the energy source for the electricity that is relevant to the extent of eligible renewable electricity decided by the regulator.103 Subdivision 4 Power station auxiliary load exemption

135GZ Operation of sdiv 4 This subdivision gives the regulator power to grant a liable load exemption for an electricity load used for an auxiliary load for a power station.

135H Making application (1) Any interested person for the load may apply for the exemption. (2) The application must— (a) be in the approved form; and (b) identify the power station and the electricity load; and (c) state each person who is an interested person for the load; and (d) include information that will allow the regulator to decide the extent to which the electricity is an auxiliary load; and (e) be accompanied by— (i) evidence that the load is an auxiliary load for the power station; and (ii) the fee prescribed under a regulation.

135HA Notice to other interested persons The applicant must give any other interested person for the electricity load—

103 See also section 135JS (Additional information about reports and other matters). s 135HB 248 s 135HC Electricity Act 1994 (a) a copy of the application; and (b) a notice stating that the interested person may make, within 20 business days after the person is given the notice, written submissions to the regulator about the application.

135HB Deciding application (1) The regulator must decide whether to grant or refuse the application. (2) However, if section 135HA applies, the regulator— (a) must not make the decision until the applicant has complied with that section; and (b) must consider any written submissions made under that section. (3) The regulator may grant the application only if satisfied the electricity load is an auxiliary load for the power station.

135HC Steps after deciding application (1) If the regulator decides to grant the application, the regulator must— (a) decide the extent to which the liable load exemption is granted; and (b) decide the term of the exemption; and (c) give the applicant a certificate in the approved form about the exemption; and (d) give each interested person for the auxiliary load a copy of the certificate. (2) The term of the exemption— (a) must not be more than 15 years; and (b) may start at any day after 31 December 2004; and (c) is subject to any cancellation or suspension under subdivision 8. s 135HD 249 s 135HF Electricity Act 1994 (3) If the regulator decides to refuse the application or grant the exemption for a load less than the load sought in the application, the regulator must give the applicant and each interested person an information notice about the decision.

135HD General condition of exemption It is a condition of the exemption that the electricity load the subject of the exemption must continue to be an auxiliary load.

135HE Reporting condition It is a condition of the exemption that if an interested person for the exempted load becomes aware of a material change in the circumstances under which the exemption was granted, the interested person must give the regulator notice of the event as soon as practicable.104 Subdivision 5 General conditions of liable load exemptions

135HF Annual fee and exemption compliance report (1) It is a condition of each liable load exemption that each interested person for the exempted load must, on or before the relevant day in each year during which the exemption is in force (the current year), ensure the regulator is given the following for the previous year— (a) an exemption compliance report for the last year, in the approved form; (b) the annual fee prescribed for the current year, as prescribed under a regulation. (2) However, if there is more than 1 interested person for the load, only 1 exemption compliance report and only 1 annual fee need be given by them jointly.

104 See also section 135JS (Additional information about reports and other matters). s 135HG 250 s 135HI Electricity Act 1994 (3) In this section— relevant day means— (a) generally—the last business day in April; or (b) if the regulator has, by notice given to each of the interested persons, fixed a later day—the later day.

135HG Obligation to keep documents relating to exemption (1) It is a condition of each liable load exemption that each interested person for the exempted load must ensure documents relevant to the exemption and compliance with its conditions are kept by an interested person for the exempted load for at least the required period. (2) Each interested person for the exempted load must comply with the condition unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (3) In this section— required period means 5 years from the giving of the exemption compliance report under section 135HF to which the documents relate. Subdivision 6 Amending liable load exemption by application

135HH Applying for amendment (1) An interested person for an exempted load may, in the approved form, apply to the regulator to amend the exemption in a stated way, other than to change a condition imposed under this division. (2) The application must be accompanied by the fee prescribed under a regulation.

135HI Notice to other interested persons The applicant must give any other interested person for the exempted load— s 135HJ 251 s 135HK Electricity Act 1994 (a) a copy of the application; and (b) a notice stating that the interested person may make, within 20 business days after the person is given the notice, written submissions to the regulator about the application.

135HJ Deciding application (1) The regulator must decide to make or refuse to make the amendment. (2) However, if section 135HI applies, the regulator— (a) must not make the decision until the applicant has complied with that section; and (b) must consider any written submissions made under that section. (3) If the decision is to make the amendment, the regulator must, as soon as practicable— (a) give the applicant an amended certificate of exemption that reflects the amendment; and (b) give any interested person a copy of the amended certificate. (4) If the decision is to refuse to make the amendment, the regulator, must, as soon as practicable, give the applicant and any interested person an information notice about the decision. Subdivision 7 Amendment of liable load exemption by regulator without proposed action notice

135HK Amendments for which proposed action notice not required (1) The regulator may amend a liable load exemption at any time by taking the action mentioned in subsection (2) if the amendment— s 135HL 252 s 135HM Electricity Act 1994 (a) is to correct a clerical or formal error; or (b) does not significantly affect the interests of any interested person for the relevant exempted load and each interested person has, in writing, agreed to the amendment. (2) For subsection (1), the action is giving each interested person for the load an amended certificate of exemption that reflects the amendment. Subdivision 8 Other amendments, cancellation and suspension of liable load exemption

135HL Conditions for other amendments, cancellation or suspension (1) The regulator may amend, cancel or suspend a liable load exemption if— (a) the regulator considers it necessary or desirable; and (b) an event mentioned in subsection (2) has happened; and (c) the procedure under sections 135HM to 135HP is followed. (2) For subsection (1)(b), the event is that— (a) the exemption was obtained because of a materially false or misleading declaration or representation, made orally or in writing; or (b) a condition of the exemption has not been complied with; or (c) there has been a material change in the circumstances under which the exemption was granted.

135HM Notice of proposed action (1) The regulator must give each interested person for the relevant exempted load of whom the regulator is aware, notice stating each of the following— s 135HN 253 s 135HO Electricity Act 1994 (a) the action (the proposed action) the regulator proposes to take under this division; (b) the grounds for the proposed action; (c) the facts and circumstances that are the basis for the grounds; (d) if the proposed action is to amend—the proposed amendment; (e) if the proposed action is to suspend—the proposed suspension period; (f) that the interested person may make, within a stated period, written submissions to show why the proposed action should not be taken. (2) The stated period must end at least 20 business days after the notice is given.

135HN Considering submissions (1) The regulator must consider any written submission made under section 135HM(1)(f) within the period stated in the notice. (2) If the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give each interested person of whom the regulator is aware notice of the decision.

135HO Decision on proposed action If, after complying with section 135HN, the regulator still believes a ground exists to take the proposed action, the regulator may decide to— (a) if the proposed action was to amend—make the amendment; or (b) if the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or (c) if the proposed action was to cancel— s 135HP 254 s 135HR Electricity Act 1994 (i) cancel the exemption; or (ii) suspend it for a stated period.

135HP Notice and taking of effect of proposed action decision (1) The regulator must, as soon as practicable after making a decision under section 135HO, give each interested person for the relevant exempted load of whom the regulator is aware, an information notice about the decision. (2) Subject to subdivision 9, the decision takes effect on the later of the following— (a) the day the information notice is given; (b) a later day of effect stated in the notice. Subdivision 9 Consequences of particular cancellations

135HQ Liable load exemption obtained because of false or misleading declaration or representation If— (a) a liable load exemption is cancelled; and (b) a ground for the cancellation is that the exemption was obtained because of a materially false or misleading declaration or representation; the cancelled exemption is, other than for section 135FD,105 taken never to have had any effect.

135HR Cancellation of State development exemption for contravention of condition for proposed supply (1) This section applies if— (a) a State development exemption is cancelled; and

105 Section 135FD (Self-assessment report) s 135HS 255 s 135HS Electricity Act 1994 (b) a ground for the cancellation is that the condition under section 135GN has been not been complied with.106 (2) The liable load exemption is, other than for section 135FD, taken never to have had any effect. (3) Despite any other provision of this part, the user of the relevant electricity load is taken to have always been the liable person for the liable loads that were, other than for subsections (1) or (2), the subject of the cancelled liable load exemption. (4) Subsection (3) does not affect who, after the cancellation, is the liable person for the liable loads.

135HS Consequence of cancellation of State development exemption for contravention of condition for continuity of supply (1) This section applies if— (a) a State development exemption is cancelled; and (b) a ground for the cancellation is that the condition under section 135GP107 has not been complied with. (2) The cancelled exemption is, other than for section 135FD, taken never to have had any effect from the beginning of the year in which the failure to comply happened. (3) Despite any other provision of this part, the user of the relevant electricity load is taken to have always been the liable person for the liable loads that were, other than for subsections (1) and (2), the subject of the cancelled liable load exemption for the year in which the failure to comply happened. (4) Subsection (3) does not affect who, for any later year, is the liable person for the liable loads.

106 Section 135GN (Condition for proposed supply)

107 Section 135GP (Condition for continuity of supply) s 135HT 256 s 135HU Electricity Act 1994

135HT Consequence of cancellation of other exemptions for contravention of general condition If— (a) a liable load exemption granted under subdivision 3 or 4108 is cancelled; and (b) a ground for the cancellation is that the condition under section 135GX or 135HD has not been complied with;109 the cancelled exemption is, other than for section 135FD, taken never to have had any effect after the failure to comply happened. Division 7 Non-liable loads

135HU Emergency stand-by plant (1) Electricity generated by emergency stand-by plant is a non-liable load if— (a) the generation happened during an emergency; or (b) an electricity restriction regulation or emergency rationing order applies to the person generating the electricity and the purpose of the generation was to supplement electricity supply limited under the regulation or order. (2) In this section— emergency stand-by plant means generation plant that— (a) supplements the supply (the normal supply) of electricity from another generation plant or a major grid; and

108 Subdivisions 3 (Renewable energy exemption) and 4 (Power station auxiliary load exemption)

109 Section 135GX (General condition of exemption) or 135HD (General condition of exemption) s 135HV 257 s 135HX Electricity Act 1994 (b) does not generate electricity as part of the normal operating cycle of the other plant or supply from the grid; and (c) only generates electricity— (i) while all or part of the normal supply has failed; or (ii) for start-up proving tests.

135HV Immaterial loads If, other than for this section, the total of all liable loads for which a person would be the liable person is 100MWh or less in a year the loads are non-liable loads.

135HW Electricity sold under special remote area arrangement An electricity load is a non-liable load if it is sold under special approval number 6/98 to the property called ‘Naryilco Pastoral Station’.

135HX Electricity sold under retailer of last resort scheme or similar scheme (1) An electricity load is a non-liable load if it is sold to a customer under a retailer of last resort scheme made under section 131A. (2) If— (a) under a provision of a regulation, a retailer (the host retailer) is taken to have entered into a customer sale contract with a customer because of the suspension of another retailer from trading under the National Electricity Rules; and (b) under the contract, the host retailer sells an electricity load to the customer; the electricity load is a non-liable load.110

110 See the regulation, section 70 (Statutory customer sale contract). s 135HY 258 s 135I Electricity Act 1994

135HY Electricity sold under s 49A(3) contract (1) This section applies if, under section 49A(3), a contestable customer and a host retail entity are taken to have entered into a contract and the contract is not, under section 49A(5), taken to have ended. (2) An electricity load sold under the contract is a non-liable load if it is supplied within 3 months after the contract is taken to have been made under section 49A(1) and (3).

135HZ Electricity sold or supplied to Boyne Island Smelter (1) An electricity load is a non-liable load if it is directly or indirectly sold or supplied to the smelter as defined under the State agreement. (2) Subsection (1) ceases to apply if clause 12111 of the State agreement ceases to be in force. (3) In this section— State agreement means the State agreement as defined under the Gladstone Power Station Agreement Act 1993. Part 6 Scheme participants

135I Applying for registration (1) Any person may, in the approved form, apply to the regulator to be registered as a scheme participant. (2) The application must state— (a) whether the applicant is an interested or a liable person for an electricity load; and (b) if the application states that the applicant is not an interested or a liable person—

111 Clause 12 (No State electricity taxes) of the State agreement s 135IA 259 s 135IC Electricity Act 1994 (i) the applicant’s primary business; and (ii) the applicant’s reasons for seeking the registration. (3) The application must be accompanied by the fee prescribed under a regulation.

135IA Right to registration If the regulator is satisfied the application complies with section 135I, the regulator must, by complying with section 135JH,112 register the person as a scheme participant in the scheme participant register.113

135IB Term of registration (1) Registration as a scheme participant takes effect on the day of effect as stated in the scheme participant register, or if the register states no day of effect, the day the participant is registered. (2) The day of effect may be any day after 31 December 2004. (3) Subject to suspension under section 135ID, the registration continues in force until 31 December 2020, unless it is sooner surrendered under section 135IE.

135IC Annual fee for particular scheme participants (1) This section applies to a scheme participant, other than— (a) an accredited generator; or (b) a person who, under section 135GH(1), is taken to be registered under part 6 as a scheme participant.114 (2) The scheme participant must, on or before the last business day in April in each year, pay the regulator the annual fee for that year, as prescribed under a regulation.

112 Section 135JH (Required information for scheme participant register)

113 For the rights of scheme participants to own, mortgage or transfer GECs, see part 4, division 4, subdivisions 1 (Transfers) and 2 (Mortgages).

114 Section 135GH (Who obtains the benefit of liable load exemption) s 135ID 260 s 135IE Electricity Act 1994

135ID Partial suspension for non-payment of annual fee (1) This section applies if a scheme participant does not comply with section 135IC. (2) While the scheme participant continues not to comply with section 135IC, the participant’s registration as a scheme participant is suspended. (3) The suspension ends if the failure to comply ends. (4) The effect of the suspension is that until it ends the scheme participant can not— (a) transfer any GECs; or (b) accept the transfer of any GECs. (5) The suspension does not— (a) affect the scheme participant’s ownership of any GEC the participant owned immediately before the suspension;115 or (b) prevent the scheme participant from making a surrender application for a GEC mentioned in paragraph (a).

135IE Surrender of registration (1) A scheme participant, other than an accredited generator, may by notice to the regulator, surrender the participant’s registration as a scheme participant. (2) However— (a) the notice can not be given if the scheme participant is the registered owner of a GEC; and (b) if the scheme participant owes the regulator an amount for an annual or other fee under this chapter, the participant may give the notice only if it is accompanied by payment of the amount.

115 See sections 135DN (Ownership of GEC on registration) and 135DW (Ownership of GEC on transfer). s 135IF 261 s 135IG Electricity Act 1994 Part 7 Monitoring Division 1 Approved auditors

135IF Appointment and qualifications (1) The regulator may, by instrument, appoint a person, whether or not the person is an officer of the department, as an approved auditor. (2) However, the regulator may appoint a person as an approved auditor only if— (a) the person makes application for appointment in the way prescribed under a regulation; and (b) either— (i) the regulator is satisfied the person is qualified for appointment because the person has the necessary expertise or experience to carry out an audit under this part; or (ii) the person has satisfactorily finished training approved by the regulator. (3) Also, the regulator may appoint a corporation as an approved auditor only if satisfied it has employees or officers who are approved auditors and who are appropriate to carry out audits under this part for the corporation.

135IG Appointment conditions and limit on powers (1) An approved auditor holds office on any conditions stated in— (a) the auditor’s instrument of appointment; or (b) a signed notice given to the auditor; or (c) a regulation.116

116 See also section 135IV (Who may carry out audit). s 135IH 262 s 135IH Electricity Act 1994 (2) Without limiting subsection (1), the instrument of appointment, a signed notice given to the approved auditor or a regulation may impose a condition that— (a) the approved auditor must hold, and continue to hold another stated office; and (b) if the approved auditor ceases to hold the other office the auditor’s appointment ceases. (3) The instrument of appointment, a signed notice given to the auditor or a regulation may limit the auditor’s powers or functions under this Act. (4) In this section— signed notice means a notice signed by the regulator.

135IH Applying for and obtaining appointment as an approved auditor (1) A person may apply to the regulator for appointment under section 135IF as an approved auditor. (2) The application must be— (a) in the approved form; and (b) accompanied by— (i) evidence that the applicant is qualified as mentioned in section 135IF(2)(b)(i) or has satisfactorily finished training as mentioned in section 135IF(2)(b)(ii); and (ii) the fee prescribed under a regulation. (3) The regulator must decide whether to grant or refuse the application. (4) If the regulator decides to grant the application, the regulator must issue the approved auditor’s instrument of appointment as soon as practicable. (5) If the regulator makes any of the following decisions, the regulator must, as soon as practicable, give the applicant an information notice about the decision— (a) a decision to refuse the application; s 135II 263 s 135IK Electricity Act 1994 (b) a decision under section 135IG(1)(a) or (b) to impose a condition on the applicant’s instrument of appointment as an approved auditor. (6) However, subsection (5)(b) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicant.

135II Issue of identity card (1) The regulator must issue an identity card to each approved auditor. (2) The identity card must— (a) contain a recent photo of the auditor; and (b) contain a copy of the auditor’s signature; and (c) identify the person as an approved auditor under this Act; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and for other purposes.

135IJ Production or display of identity card (1) In exercising a power or performing a function under this Act in relation to a person, an approved auditor must produce the auditor’s identity card for the person’s inspection if asked by the person. (2) However, if it is not practicable to comply with subsection (1), the auditor must produce the identity card for the person’s inspection at the first reasonable opportunity.

135IK When approved auditor ceases to hold office (1) An approved auditor ceases to hold office if any of the following happens— (a) the term of office stated in a condition of office ends; s 135IL 264 s 135IL Electricity Act 1994 (b) under another condition of office, the auditor ceases to hold office; (c) the auditor’s resignation takes effect. (2) Subsection (1) does not limit the ways an approved auditor may cease to hold office. (3) In this section— condition of office means a condition on which the auditor holds office.

135IL Revocation of approved auditor’s appointment (1) The regulator may revoke a person’s appointment as an approved auditor’s only if— (a) either— (i) the person obtained the appointment because of a materially false or misleading declaration or representation, made orally or in writing; or (ii) the person has not complied with a provision of this chapter or a condition of the appointment; or (iii) the person is a corporation and it does not have employees or officers who are approved auditors and who are appropriate to carry out audits under this part for the corporation; and (b) subsections (2) to (4) have been complied with. (2) The regulator must give the person notice stating— (a) that the regulator proposes to revoke the appointment; and (b) the grounds for the proposed revocation; and (c) that the person may make, within a stated period, written submissions to show why the appointment should not be revoked. (3) The stated period must end at least 20 business days after the notice is given. s 135IM 265 s 135IN Electricity Act 1994 (4) The regulator must, before deciding whether to revoke the appointment, consider any written submission made under subsection (2)(c) by the person within the stated period. (5) If the regulator at any time decides not to revoke the appointment, the regulator must, as soon as practicable, give the person notice of the decision. (6) The regulator must, as soon as practicable after deciding to revoke the appointment, give the person an information notice about the decision. (7) A decision to revoke the appointment takes effect on the later of the following— (a) the day the information notice is given; (b) a later day of effect stated in the notice. (8) However, if the decision was to revoke because of a conviction, the revocation— (a) does not take effect until— (i) the period to appeal against the conviction ends; and (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and (b) has no effect if the conviction is quashed on appeal.

135IM Resignation An approved auditor may resign by signed notice given to the regulator.

135IN Return of identity card A person who ceases to be an approved auditor must return the person’s identity card to the regulator within 20 business days after ceasing to be an approved auditor, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. s 135IO 266 s 135IQ Electricity Act 1994 Division 2 Required audits

135IO Who is an auditable person Each of the following is an auditable person— (a) an accredited generator; (b) a liable person; (c) a person the regulator reasonably suspects may be a liable person; (d) an interested person for an exempted load; (e) a person who has made an application under this chapter that has not been decided.

135IP Regulator may require audit (1) The regulator may, by written notice that complies with section 135IQ (an audit notice) require an auditable person to commission an approved auditor to— (a) carry out an audit by an approved auditor about a stated matter relevant to this chapter; and Example of a stated matter— GEC creation by the accredited generator (b) give the regulator within a stated reasonable period a report about the audit that contains the information prescribed under a regulation and any other information required in the audit notice.117 (2) For subsection (1), the regulator may, to monitor compliance with this chapter, give an audit notice on a random or another basis not directly connected with the auditable person.

135IQ Required contents for audit notice (1) An audit notice must state—

117 See also section 135JS (Additional information about reports and other matters). s 135IR 267 s 135IT Electricity Act 1994 (a) the name of the person who must commission the audit; and (b) each matter for which the audit is required; and (c) that the person must— (i) commission an approved auditor to carry out an audit about each of the matters; and (ii) give the regulator a report by the auditor about the audit within a stated reasonable period. (2) Also, an audit notice must be accompanied by or include an information notice about the decision to give the notice and to fix the stated period.

135IR Failure to comply with audit notice A person to whom an audit notice has been given must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.

135IS Costs of complying with audit notice A person to whom an audit notice has been given must pay any costs incurred by the person in relation to complying with the notice. Division 3 Audits by regulator

135IT Regulator may carry out audit (1) The regulator may decide to commission an approved auditor to— (a) carry out an audit about a stated matter concerning an auditable person; and (b) give the regulator within a stated reasonable period a report about the audit that contains the information prescribed under a regulation and any other information required in the audit notice. s 135IU 268 s 135IV Electricity Act 1994 (2) The regulator may, to monitor compliance with this chapter, make a decision under subsection (1) on a random or another basis not directly connected with the auditable person. (3) If the regulator makes a decision under subsection (1), the regulator must give the auditable person an information notice about the decision. (4) The regulator must, within 10 business days after receiving the report, give the auditable person a copy.

135IU Regulator’s costs of audit or report (1) This section applies if the regulator has incurred costs in commissioning an audit under section 135IT, including, for example, the approved auditor’s costs of carrying out the audit or giving the regulator a report about the audit. (2) The auditable person must pay the amount of the costs if— (a) the costs were properly and reasonably incurred; and (b) the regulator has by notice asked the party to pay the amount. (3) The regulator may recover the amount as a debt. Division 4 General provisions for audits

135IV Who may carry out audit A person must not carry out, or purport to carry out, an audit under this part unless— (a) the person is an approved auditor; and (b) the conditions of the person’s appointment as an approved auditor do not prevent the person from carrying out the audit; and (c) the person complies with the conditions.118 Maximum penalty—200 penalty units.

118 For conditions of appointment, see section 135IG (Appointment conditions and limit on powers). s 135IW 269 s 135IY Electricity Act 1994

135IW False or misleading statement in audit report (1) An approved auditor must not give the regulator a report about an audit that contains a statement that the auditor knows is false or misleading in a material particular. Maximum penalty—300 penalty units. (2) In a proceeding for an offence against subsection (1), it is enough for a charge to state that the statement was, without specifying which, ‘false or misleading’. Part 8 Miscellaneous provisions Division 1 Additional provisions for applications

135IX Meaning of application and applicant for div 1 In this division— (a) the applicant, for the creation of a GEC that the regulator must make a decision about under section 135DJ,119 means the accredited generator who created the GEC; and (b) an application includes the creation of a GEC that the regulator must make a decision about under section 135DJ.

135IY Substantial compliance with application requirements may be accepted If— (a) a person has made, or purported to make, an application under this chapter; and

119 Section 135DJ (Deciding of validity and registration) s 135IZ 270 s 135J Electricity Act 1994 (b) the requirements under this chapter for making the application have not been complied with; and (c) the regulator is reasonably satisfied the information provided in or with the application is enough to allow the regulator to decide the application in the way required under this chapter; the regulator may decide to allow the application to proceed as if it did comply with the requirements.

135IZ Additional information or inspection may be required (1) This section applies if the regulator is deciding, or is required to decide, an application under this chapter. (2) The regulator may, by notice, require the applicant to— (a) give the regulator within a stated reasonable period— (i) additional information about, or a document relevant to, the application; or (ii) a statutory declaration or independent evidence of a stated type verifying any information included in the application or any additional information required under subparagraph (i); and Example of independent evidence— a chemical analysis, by a chemist independent of the applicant, of gases the applicant claims are eligible fuel (b) allow a stated person authorised by the regulator to, at any reasonable time, inspect any power station or other premises relating to the application. (3) If the applicant does not comply with the notice, the regulator may refuse the application. (4) The applicant must pay any costs incurred in complying with the notice.

135J Regulator’s costs of inspection (1) This section applies if the regulator has incurred costs— s 135JA 271 s 135JA Electricity Act 1994 (a) in the carrying out of an inspection mentioned in section 135IZ(2)(b); or (b) in obtaining a report about the inspection. (2) The applicant to whom the notice under that section was given must pay the amount of the costs if— (a) the costs were properly and reasonably incurred; and (b) the regulator has by notice asked the applicant to pay the amount. (3) The regulator may recover the amount as a debt. (4) Subsection (3) applies whether or not the regulator decides to grant the application. Division 2 Measurement of electricity

135JA Regulator’s power to decide measurement method (1) The regulator may, under section 135JB, decide a method for working out— (a) the amount of an electricity load, including a liable electricity load; or (b) the amount of electricity sent out from a power station or delivered to an end user; or (c) an amount incidental to a matter mentioned in paragraph (a) or (b). (2) In making a decision under subsection (1), the regulator may fix— (a) if the electricity is metered— (i) its approved measurement points; and (ii) measurement arrangements for the meter; or Examples of measurement arrangements— • requirements for meter’s tolerance for error • required intervals to test the meter s 135JB 272 s 135JC Electricity Act 1994 (b) if the electricity is unmetered—a methodology to estimate the amount. (3) For subsection (2)(a)— (a) if the electricity is metered at periods that the regulator does not consider appropriate, the regulator may decide a method that, in part, uses estimates based on previous meter readings; and (b) different measurement arrangements may be approved for different measurement points; and (c) if the regulator is satisfied arrangements for an approved measurement point comply with any relevant requirements under the National Electricity Rules, the regulator must approve the arrangements as the measurement arrangements for the measurement point.

135JB Procedure for deciding measurement method (1) Before making the decision, the regulator must— (a) give any person of which the regulator is aware who will, under section 135JC, be required to use the method— (i) notice of the proposed decision; and (ii) a reasonable opportunity to make written submissions about the proposed decision; and (b) consider any submissions made under paragraph (a)(ii). (2) If the person has not agreed to the decision, the notice must include, or be accompanied by, an information notice about the decision.

135JC Decided method must be applied (1) If— (a) for the purposes of this chapter, it is necessary to measure electricity; and (b) the regulator has, under section 135JA, decided a method for measuring the electricity; s 135JD 273 s 135JD Electricity Act 1994 only the decided method may be used to make the measurement. (2) If the regulator reasonably believes an accredited generator or an interested person120 for an electricity load is not complying with the decided method, the regulator may give the generator or person a written direction stating— (a) the decided method; and (b) how the regulator believes the generator or person is not complying with the decided method; and (c) that the generator or person is directed to comply with the decided method. (3) The accredited generator or interested person must comply with the direction.121 Maximum penalty—200 penalty units.

135JD Obligation to notify regulator of change in circumstances for decided measurement method If— (a) the regulator has, under section 135JA, decided a method for measuring an amount of electricity; and (b) a person who has been given an information notice about the decision becomes aware of a change in circumstances that may affect the appropriateness of the method; the person must, as soon as practicable, give the regulator notice of the change. Maximum penalty—60 penalty units.

120 See section 135GG (Who is an interested person for an electricity load).

121 For an accredited generator, see also section 135AX (Compliance with directions by regulator). s 135JE 274 s 135JG Electricity Act 1994 Division 3 Registers

135JE Registers (1) The regulator must keep the following registers— (a) a register of accredited generators (the accredited generator register); (b) a register of GECs (the GEC register); (c) a register of scheme participants (the scheme participant register); (d) a register of liable load exemptions (the liable load exemption register). (2) The regulator may also keep other registers relating to this chapter that the regulator considers appropriate, including, for example, registers about undecided applications under this chapter.

135JF Required information for accredited generator register The regulator must in the accredited generator register include the following information about each accredited generator— (a) the generator’s name and accreditation code; (b) the name of the accredited power station; (c) the power station’s accreditation code; (d) the name of the economic operator of the power station.

135JG Required information for GEC register (1) The regulator must, for each GEC that is in force,122 record the following information in the GEC register— (a) its registered owner; (b) the day or period the relevant electricity was generated;

122 For when a GEC is in force see part 4, divisions 3 (Term of GECs) and 5 (Amendment, cancellation and suspension of GECs). s 135JH 275 s 135JI Electricity Act 1994 (c) its vintage year and the month in that year in which the GEC was registered; (d) when, under section 135DS,123 the GEC automatically expires; (e) the accreditation code of the power station that generated the relevant eligible gas-fired electricity. (2) If, under section 135DJ,124 the regulator decides a GEC was not validly created, the regulator may remove its notation from the GEC register. (3) Sections 135DI, 135DN and 135DW provide for the effect of registration.125

135JH Required information for scheme participant register The regulator must record in the scheme participant register— (a) the name of each scheme participant; and (b) a unique scheme code for each scheme participant.