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TASMANIA
__________
ELECTRICITY OMBUDSMAN AMENDMENT
BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Long title amended
5. Section 1 amended (Short title)
6. Section 3 amended (Interpretation)
7. Section 5 amended (Functions and powers of
Ombudsman)
8. Section 6 amended (Who may complain)
9. Section 9A inserted
9A. Referral of matter to Ombudsman as complaint
10. Section 10 amended (Determining whether to investigate
complaint, &c.)
11. Section 11 amended (Splitting of complaints)
12. Section 12 amended (Limitation on commencing
proceedings)
13. Section 19 amended (Reference to another authority for
investigation)
14. Section 20 amended (Matters concerning reference to
another authority)
[Bill 15]-X
15. Section 21 amended (Action by Ombudsman after
investigation)
16. Section 22 amended (Action if complaint dismissed)
17. Section 23 amended (Awards)
18. Section 24 amended (Costs)
19. Section 25 amended (Acceptance of award by
complainant)
20. Section 26 amended (Effect of award)
21. Section 27 amended (Enforcement of order)
22. Section 28 amended (Duty of complainant to allow
compliance with award)
23. Section 29 amended (Reports)
24. Section 32 amended (Exchange of information)
25. Section 39 substituted
39. Budget guidelines
39A. Preparation and publication of annual budget
39B. Review of apportionment in budget
39C. Energy entities to pay costs of administering Act
26. Section 40 amended (Regulations)
27. Section 41 substituted
41. Transitional matters
2
ELECTRICITY OMBUDSMAN AMENDMENT
BILL 2004
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Electricity Ombudsman Act
1998
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:
Short title
1. This Act may be cited as the Electricity Ombudsman
Amendment Act 2004.
Commencement
2. This Act commences on 1 January 2005.
Principal Act
3. In this Act, the Electricity Ombudsman Act 1998* is
referred to as the Principal Act.
*No. 20 of 1998
[Bill 15] 3
s. 4 No. Electricity Ombudsman Amendment 2004
Long title amended
4. The long title of the Principal Act is amended by
omitting "electricity" and substituting "energy".
Section 1 amended (Short title)
5. Section 1 of the Principal Act is amended by omitting
"Electricity" and substituting "Energy".
Section 3 amended (Interpretation)
6. Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "award":
"budget guidelines" means the
guidelines prepared and published
under section 39, as varied or
substituted from time to time;
(b) by omitting the definition of "electricity entity"
and substituting the following definitions:
"Director of Gas" has the same
meaning as in the Gas Act 2000;
"energy entity" means -
(a) an electricity entity within
the meaning of the
Electricity Supply Industry
Act 1995; or
(b) a gas entity within the
meaning of the Gas Act
2000;
4
2004 Electricity Ombudsman Amendment No. s. 7
Section 5 amended (Functions and powers of
Ombudsman)
7. Section 5(1)(d) of the Principal Act is amended by
omitting "electricity" and substituting "energy".
Section 6 amended (Who may complain)
8. Section 6 of the Principal Act is amended as follows:
(a) by inserting "gas or" after "supply of";
(b) by omitting "electricity entity" and
substituting "energy entity".
Section 9A inserted
9. After section 9 of the Principal Act, the following
section is inserted in Part 2:
Referral of matter to Ombudsman as
complaint
9A. (1) The Regulator or Director of Gas may refer
to the Ombudsman, in writing, a matter that is the
subject of a dispute in which the Regulator or
Director of Gas has been asked to mediate under
section 45 of the Electricity Supply Industry Act
1995 or section 49 of the Gas Act 2000 if the
Ombudsman and all parties to the dispute consent
to the referral.
(2) A matter referred to the Ombudsman
under this section is taken to be a complaint made
under this Act.
(3) The Regulator or Director of Gas is to take
no further action in respect of a matter that has
5
s. 10 No. Electricity Ombudsman Amendment 2004
been referred to the Ombudsman under this section
unless the Ombudsman refers the matter back to
the Regulator or Director of Gas under section 19.
Section 10 amended (Determining whether to
investigate complaint, &c.)
10. Section 10 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "Regulator"
first occurring and substituting "Regulator,
the Director of Gas,";
(b) by inserting in subsection (1)(b) "or the
Director of Gas" after "by the Regulator";
(c) by inserting in subsection (1)(c)(vii) "or the
Director of Gas" after "Regulator";
(d) by omitting from subsection (5)(b) "electricity
entity" and substituting "energy entity";
(e) by omitting from subsection (5)(b) "Regulator"
and substituting "Regulator, the Director of
Gas".
Section 11 amended (Splitting of complaints)
11. Section 11(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c) "electricity
entity" and substituting "energy entity";
(b) by omitting from paragraph (d) "electricity
entity" and substituting "energy entity".
6
2004 Electricity Ombudsman Amendment No. s. 12
Section 12 amended (Limitation on commencing
proceedings)
12. Section 12 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "electricity
entity" and substituting "energy entity";
(b) by omitting from subsection (2) "electricity
entity" and substituting "energy entity".
Section 19 amended (Reference to another authority
for investigation)
13. Section 19(1) of the Principal Act is amended by
omitting "Regulator" twice occurring and substituting
"Regulator, the Director of Gas".
Section 20 amended (Matters concerning reference
to another authority)
14. Section 20 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Regulator"
twice occurring and substituting "Regulator,
the Director of Gas";
(b) by omitting from subsection (2) "Regulator"
first occurring and substituting "Regulator,
the Director of Gas";
(c) by omitting from subsection (2) "Regulator"
second occurring and substituting "Regulator,
Director of Gas";
(d) by omitting from subsection (4) "Regulator"
and substituting "Regulator, the Director of
Gas".
7
s. 15 No. Electricity Ombudsman Amendment 2004
Section 21 amended (Action by Ombudsman after
investigation)
15. Section 21(b) of the Principal Act is amended by
omitting "electricity entity" and substituting "energy
entity".
Section 22 amended (Action if complaint dismissed)
16. Section 22(1) of the Principal Act is amended by
omitting "electricity entity" and substituting "energy
entity".
Section 23 amended (Awards)
17. Section 23 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "electricity
entity" first occurring and substituting
"energy entity";
(b) by omitting from subsection (1)(e) "electricity
entity" and substituting "energy entity";
(c) by omitting from subsection (2)(a) "electricity
entity" and substituting "energy entity";
(d) by omitting from subsection (2)(b) "electricity
entity" and substituting "energy entity";
(e) by omitting from subsection (3) "electricity
entity" and substituting "energy entity";
(f) by omitting from subsection (5) "electricity
entity" and substituting "energy entity".
8
2004 Electricity Ombudsman Amendment No. s. 18
Section 24 amended (Costs)
18. Section 24 of the Principal Act is amended by omitting
"electricity entity" and substituting "energy entity".
Section 25 amended (Acceptance of award by
complainant)
19. Section 25(7) of the Principal Act is amended as
follows:
(a) by omitting "electricity entity" first occurring
and substituting "energy entity";
(b) by omitting from paragraph (b) "electricity
entity" and substituting "energy entity".
Section 26 amended (Effect of award)
20. Section 26 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "electricity
entity" and substituting "energy entity";
(b) by omitting from subsection (2) "electricity
entity" and substituting "energy entity".
Section 27 amended (Enforcement of order)
21. Section 27(1) of the Principal Act is amended by
omitting "Regulator" and substituting "Regulator or
Director of Gas".
9
s. 22 No. Electricity Ombudsman Amendment 2004
Section 28 amended (Duty of complainant to allow
compliance with award)
22. Section 28 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "electricity
entity" and substituting "energy entity";
(b) by omitting from subsection (2) "electricity
entity" and substituting "energy entity";
(c) by omitting from subsection (3) "electricity
entity" and substituting "energy entity";
(d) by omitting from subsection (5) "electricity
entity" twice occurring and substituting
"energy entity".
Section 29 amended (Reports)
23. Section 29 of the Principal Act is amended as follows:
(a) by omitting from subsection (2)(a) "electricity
entity" and substituting "energy entity";
(b) by inserting in subsection (3)(d) "or Director of
Gas" after "Regulator".
Section 32 amended (Exchange of information)
24. Section 32 of the Principal Act is amended as follows:
(a) by omitting from paragraph (a) "Regulator"
and substituting "Regulator, the Director of
Gas";
10
2004 Electricity Ombudsman Amendment No. s. 25
(b) by omitting from paragraph (b) "Regulator"
and substituting "Regulator, the Director of
Gas".
Section 39 substituted
25. Section 39 of the Principal Act is repealed and the
following sections are substituted:
Budget guidelines
39. (1) The Ombudsman is to prepare guidelines
relating to the processes to be followed in preparing
a budget in respect of the costs of administering this
Act.
(2) At any time, the Ombudsman may vary
the guidelines or revoke the guidelines and
substitute new guidelines.
(3) In preparing, varying or revoking and
substituting guidelines, the Ombudsman is to
consult with the following persons:
(a) the Regulator;
(b) the Director of Gas;
(c) all energy entities;
(d) any other person the Ombudsman
considers appropriate to consult.
(4) The Ombudsman is to issue the guidelines,
any variations to the guidelines and any revocation
and substitution of the guidelines by -
(a) providing a copy of the guidelines,
variation or revocation and substituted
guidelines to each of the persons
11
s. 25 No. Electricity Ombudsman Amendment 2004
mentioned in subsection (3)(a), (b) and
(c); and
(b) publishing the guidelines, variation or
revocation and substituted guidelines in
the Gazette.
(5) The guidelines -
(a) are not statutory rules for the purposes
of the Rules Publication Act 1953; and
(b) do not constitute an instrument of
legislative character for the purposes of
the Subordinate Legislation Act 1992.
Preparation and publication of annual budget
39A. (1) Before 31 March in each calendar year, the
Ombudsman is to prepare and publish a budget in
respect of the costs of administering this Act for the
financial year commencing on the next following 1
July.
(2) The budget is to be prepared by the
Ombudsman -
(a) in accordance with the budget
guidelines; and
(b) in consultation with all energy entities.
(3) The budget is to specify -
(a) the portion of the costs of administering
this Act to be borne by each energy
entity; and
(b) the period within which, or the times at
which, each energy entity is to pay that
portion of the costs; and
12
2004 Electricity Ombudsman Amendment No. s. 25
(c) the manner in which each energy entity
is to pay that portion of the costs.
(4) For the purposes of subsection (1), the
Ombudsman is to publish the budget by -
(a) providing a copy of the budget to the
Regulator, the Director of Gas and each
energy entity; and
(b) publishing the budget in the Gazette.
Review of apportionment in budget
39B. (1) If an energy entity disagrees with the
apportionment of costs to be borne by the energy
entities specified in the budget, it may apply for a
review of that apportionment within 14 days after
receiving a copy of the budget.
(2) An application is to be made in writing to
the Ombudsman.
(3) As soon as practicable after the end of the
14 day period in which applications for a review of
the apportionment of costs may be made under
subsection (1), the Ombudsman is to provide each
energy entity with a copy of all applications made
under that subsection.
(4) Within 14 days after receiving a copy of an
application, an energy entity may make written
submissions in respect of the application to the
Ombudsman.
(5) As soon as practicable after the end of the
period within which energy entities may make
submissions in respect of an application, the
Ombudsman is to provide copies of the following
documents to the Regulator and Director of Gas:
13
s. 25 No. Electricity Ombudsman Amendment 2004
(a) all applications to review the
apportionment of costs made under
subsection (1);
(b) all submissions received by the
Ombudsman in respect of those
applications;
(c) the Ombudsman's written submissions
in respect of those applications.
(6) On receiving the documents referred to in
subsection (5), the Regulator and Director of Gas,
jointly, may determine the applications by -
(a) confirming the apportionment of costs
specified in the budget; or
(b) varying the apportionment of costs
specified in the budget.
(7) In determining applications, the Regulator
and Director of Gas -
(a) are to consider all the submissions made
in respect of the applications; and
(b) may inform themselves in any manner
they consider appropriate.
(8) On the making of a determination under
subsection (6), the Regulator is to -
(a) provide to the Ombudsman and all
energy entities a copy of the
determination and, if the apportionment
of costs is varied, a copy of the budget as
amended by the variation of the
apportionment of costs; and
14
2004 Electricity Ombudsman Amendment No. s. 26
(b) publish in the Gazette the determination
and, if the apportionment of costs is
varied, the budget as amended by the
variation of the apportionment of costs.
Energy entities to pay costs of administering
Act
39C. (1) The costs of administering this Act are to
be met by all energy entities in such portions as are
specified in the budget, or the budget as amended,
published in the Gazette under section 39A(4) or
39B(8).
(2) The portion of costs to be met by an energy
entity must be paid to the Ombudsman within the
period or at the times, and in the manner, specified
in the budget or budget as amended.
(3) If the whole or any part of an amount
payable under this section by an energy entity to the
Ombudsman is due and unpaid, that whole or part
amount may be recovered as a debt due to the
Ombudsman in a court of competent jurisdiction.
Section 40 amended (Regulations)
26. Section 40(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "electricity
entity" and substituting "energy entity";
(b) by omitting from paragraph (c) "electricity
entity" and substituting "energy entity".
15
s. 27 No. Electricity Ombudsman Amendment 2004
Section 41 substituted
27. Section 41 of the Principal Act is repealed and the
following section is substituted:
Transitional matters
41. (1) In this section -
"electricity entity" has the same meaning as in
the Electricity Supply Industry Act 1995.
(2) Despite the amendments to this Act
effected by the Electricity Ombudsman Amendment
Act 2004, this Act as in force immediately before the
commencement of that Act continues to apply in
respect of -
(a) the financial year ending on
30 June 2005; and
(b) the functions and powers of the
Ombudsman and Regulator under this
Act during and in respect of that
financial year; and
(c) the making and investigation of
complaints, the action taken following
such an investigation, including the
making of awards, and the reporting of
such an investigation; and
(d) the costs of administering this Act
during that financial year; and
(e) the obligations and powers of each
electricity entity under this Act,
including the obligation to pay the
portion of the costs of administering this
Act during that financial year as
determined by the Regulator.
16 Government Printer, Tasmania