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TASMANIA
__________
ELECTRICITY - NATIONAL SCHEME
(TASMANIA) AMENDMENT BILL 2007
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ELECTRICITY - NATIONAL SCHEME (TASMANIA) ACT
1999 AMENDED
3. Principal Act
4. Section 9 substituted
PART 3 - Law Applicable to Relevant Declared Electrical
Service Price Determination
9. Interpretation
10. Law applying to relevant declared electrical service
price determination
PART 3 - ELECTRICITY SUPPLY INDUSTRY ACT 1995 AMENDED
5. Principal Act
6. Section 3 amended (Interpretation)
7. Section 16C amended (Conferral of transmission pricing
functions and powers)
8. Section 49B amended (Review, amendment and replacement of
Code)
[Bill 74]-X
2
ELECTRICITY - NATIONAL SCHEME
(TASMANIA) AMENDMENT BILL 2007
(Brought in by the Minister for Energy, the Honourable David
Edward Llewellyn)
A BILL FOR
An Act to amend the Electricity - National Scheme
(Tasmania) Act 1999 and the Electricity Supply Industry Act
1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Electricity -
National Scheme (Tasmania) Amendment Act
2007.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 74] 3
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
s. 3 Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended
PART 2 - ELECTRICITY - NATIONAL SCHEME
(TASMANIA) ACT 1999 AMENDED
3. Principal Act
In this Part, the Electricity - National Scheme
(Tasmania) Act 1999* is referred to as the
Principal Act.
4. Section 9 substituted
Section 9 of the Principal Act is repealed and the
following Part is substituted:
PART 3 - LAW APPLICABLE TO RELEVANT
DECLARED ELECTRICAL SERVICE PRICE
DETERMINATION
9. Interpretation
(1) In this Part, unless the contrary intention
appears -
"Declared Electrical Service Price
Determination" means the
declared electrical service price
determination, as amended from
time to time, that takes effect on
1 January 2008 and is made by
the Regulator under regulation 31
of the Electricity Supply Industry
(Price Control) Regulations 2003
*No. 28 of 1999
4
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended s. 4
in respect of Distribution Services
and Retail Services which are
declared electrical services within
the meaning of those regulations;
"jurisdictional laws" means -
(a) the Electricity Supply
Industry Act 1995; and
(b) the Electricity Supply
Industry (Price Control)
Regulations 2003; and
(c) the Tasmanian Electricity
Code issued under
Division 9 of Part 3 of the
Electricity Supply
Industry Act 1995, as
amended or substituted
from time to time; and
(d) the National Electricity
(Tasmania) Law as in
force on
1 November 2007; and
(e) the National Electricity
Rules as in force on
1 November 2007, other
than clause 9.48.4(b) of
those Rules;
"New National Electricity Rules"
means the National Electricity
Rules as in force at any time -
5
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
s. 4 Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended
(a) after the National
Electricity (Economic
Regulation of Distribution
Services) Amendment
Rules 2007 made under
the National Electricity
(Tasmania) Law take
effect; or
(b) if the Rules referred to in
paragraph (a) are not
made, after the taking
effect of such other rules
made under the National
Electricity (Tasmania)
Law as are determined by
the Minister, by order, for
the purposes of this
definition;
"New National Electricity
(Tasmania) Law" means the
National Electricity (Tasmania)
Law as in force at any time after
the commencement of the
National Electricity (South
Australia) (National Electricity
Law - Miscellaneous
Amendments) Amendment Act
2007 of South Australia;
"Regulator" means the person
holding the office of the
Regulator under section 5 of the
Electricity Supply Industry Act
1995;
6
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended s. 4
"regulatory period" means the period
commencing on 1 January 2008
and ending on 30 June 2012;
"relevant declared electrical service
price determination" means that
part of the Declared Electrical
Service Price Determination
relating to Distribution Services
which are a declared electrical
service, within the meaning of the
Electricity Supply Industry (Price
Control) Regulations 2003;
"transfer day" means the day on
which the functions and powers
of the Regulator in respect of the
operation, administration and
enforcement of the relevant
declared electrical service price
determination are conferred on
the Australian Energy Regulator
by section 16C of the Electricity
Supply Industry Act 1995
consequent on the making of an
agreement under section 16A,
and a notice under section 16B,
of that Act.
(2) An order made for the purposes of the
definition of "New National Electricity
Rules" in subsection (1) is a statutory
rule for the purposes of the Rules
Publication Act 1953.
7
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
s. 4 Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended
10. Law applying to relevant declared electrical
service price determination
(1) Despite any other provision of this Act,
any other Act or any other law, the
jurisdictional laws apply to the operation,
administration and enforcement of the
relevant declared electrical service price
determination during the regulatory
period to the exclusion of anything to the
contrary in the New National Electricity
(Tasmania) Law and the New National
Electricity Rules.
(2) The Regulator is responsible for the
operation, administration and
enforcement of the relevant declared
electrical service price determination
until (but excluding) the transfer day.
(3) For the purposes of section 16C of the
Electricity Supply Industry Act 1995, the
Australian Energy Regulator is taken to
be performing or exercising on the
transfer day the functions and powers
conferred on it under that section in
respect of the operation, administration
and enforcement of the relevant declared
electrical service price determination.
(4) On and after the transfer day -
(a) any determinations,
arrangements, guidelines or
requirements made by the
Regulator relating to the relevant
8
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended s. 4
declared electrical service price
determination that were in
existence immediately before the
transfer day, are taken to have
been made by the Australian
Electricity Regulator during the
regulatory period; and
(b) a reference to the Regulator in the
relevant declared electrical
service price determination, or
any other document referred to in
paragraph (a), is taken to be or
include a reference to the
Australian Energy Regulator.
(5) Nothing in this section affects the
making, under the New National
Electricity (Tasmania) Law and the New
National Electricity Rules, of a
distribution determination that will take
effect after the regulatory period.
9
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
s. 5 Part 3 - Electricity Supply Industry Act 1995 Amended
PART 3 - ELECTRICITY SUPPLY INDUSTRY ACT
1995 AMENDED
5. Principal Act
In this Part, the Electricity Supply Industry Act
1995* is referred to as the Principal Act.
6. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "AER":
"Australian Energy Market
Agreement" means the
Australian Energy Market
Agreement made between the
Commonwealth, State and
Territory Governments on
30 June 2004 and all amendments
to that Agreement;
(b) by omitting the definition of "National
Electricity Rules" and substituting the
following definition:
"National Electricity Rules" has the
same meaning as in the National
Electricity Law;
*No. 58 of 1995
10
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 7
7. Section 16C amended (Conferral of transmission
pricing functions and powers)
Section 16C of the Principal Act is amended by
omitting subsection (5) and substituting the
following subsections:
(5) Despite section 16, any other provision
of this Act, any other Act and any other
law, the Regulator is authorised, on his,
her or its own initiative or at the request
of the AER -
(a) to provide the AER with such
information (including
information given in confidence)
in the possession or control of the
Regulator that is reasonably
required by the AER for the
purposes of performing and
exercising the functions and
powers conferred on it by this
section; and
(b) to provide the AER with such
other assistance as is reasonably
required by the AER for the
purposes of performing and
exercising those functions and
powers.
(5A) Despite section 16, any other provision
of this Act, any other Act and any other
law, the Regulator may authorise the
AER to disclose information provided
under subsection (5) even if the
11
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
s. 7 Part 3 - Electricity Supply Industry Act 1995 Amended
information was given to the Regulator
in confidence.
(5B) Nothing done, or authorised to be done,
by the Regulator when acting under
subsection (5) or (5A) -
(a) constitutes a breach of, or default
under, this Act, another Act or
another law; or
(b) constitutes a breach of, or default
under, a contract, agreement,
understanding or undertaking; or
(c) constitutes a breach of a duty of
confidence (whether arising by
contract, in equity or by custom)
or in any other way; or
(d) constitutes a civil or criminal
wrong; or
(e) terminates an agreement or
obligation or fulfils any condition
that allows a person to terminate
an agreement or obligation, or
gives rise to any other right or
remedy; or
(f) releases a person wholly or in
part from an obligation.
12
Electricity - National Scheme (Tasmania) Amendment Act 2007
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 8
8. Section 49B amended (Review, amendment and
replacement of Code)
Section 49B(4) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (d) "Rules."
and substituting "Rules;";
(b) by inserting the following paragraphs
after paragraph (d):
(e) making provision in respect of
any arrangements, guidelines or
requirements necessary in
relation to distribution services,
performance standards and
distribution performance targets,
including but not limited to
payments to customers, that are
connected with the provision of
guaranteed service levels;
(f) giving effect to the
implementation of national
energy market reforms in
accordance with the Australian
Energy Market Agreement.
Government Printer, Tasmania 13