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TASMANIA
__________
ELECTRICITY SUPPLY INDUSTRY EXPERT
PANEL BILL 2010
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 - ELECTRICITY SUPPLY INDUSTRY EXPERT PANEL
4. Electricity Supply Industry Expert Panel
5. Membership of Panel
6. Function of Panel
7. Powers of Panel
8. Notice of review
9. Conduct of review
10. Hearings
11. Power to obtain information
12. General procedure
13. Duty to give information overrides other duties and rights
14. Panel not subject to direction or control of Minister of the Crown
15. Persons to assist Panel
[Bill 46]-I
PART 3 - MISCELLANEOUS
16. Confidential or commercially sensitive information
17. Protection from liability
18. False or misleading statements
19. Hindering, obstructing, &c., Panel
20. Reports
21. Right to Information Act does not apply
22. Regulations
23. Administration of Act
24. Repeal of Act
SCHEDULE 1 - MEMBERSHIP OF ELECTRICITY SUPPLY
INDUSTRY EXPERT PANEL
SCHEDULE 2 - MEETINGS OF ELECTRICITY SUPPLY INDUSTRY
EXPERT PANEL
2
ELECTRICITY SUPPLY INDUSTRY EXPERT
PANEL BILL 2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
30 September 2010
(Brought in by the Minister for Energy and Resources, the
Honourable Bryan Alexander Green)
A BILL FOR
An Act to establish the Electricity Supply Industry Expert
Panel to conduct a review into the electricity supply
industry and for related matters
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Electricity Supply
Industry Expert Panel Act 2010.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 46] 3
Electricity Supply Industry Expert Panel Act 2010
Act No. of
s. 3 Part 1 - Preliminary
3. Interpretation
In this Act, unless the contrary intention
appears -
"hearing" means a hearing referred to in
section 7(2);
"Panel" means the Electricity Supply
Industry Expert Panel established under
section 4;
"review" means the review into the electricity
supply industry in this State referred to in
section 6;
"terms of reference" means the terms of
reference issued by the Treasurer for the
review.
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Electricity Supply Industry Expert Panel Act 2010
Act No. of
Part 2 - Electricity Supply Industry Expert Panel s. 4
PART 2 - ELECTRICITY SUPPLY INDUSTRY
EXPERT PANEL
4. Electricity Supply Industry Expert Panel
The Electricity Supply Industry Expert Panel is
established.
5. Membership of Panel
(1) The Panel consists of 3 persons who have
knowledge, expertise and experience in all or
any of the following:
(a) the electricity supply industry;
(b) conducting regulatory investigations into
the electricity supply industry;
(c) business and governance.
(2) The members of the Panel are to be appointed by
the Governor.
(3) The Governor is to appoint a member of the
Panel as chairperson of the Panel.
(4) Schedule 1 has effect with respect to the
membership of the Panel.
(5) Schedule 2 has effect with respect to the
meetings of the Panel to conduct the review.
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Electricity Supply Industry Expert Panel Act 2010
Act No. of
s. 6 Part 2 - Electricity Supply Industry Expert Panel
6. Function of Panel
The function of the Panel is to conduct a review
into the electricity supply industry in this State in
accordance with the terms of reference.
7. Powers of Panel
(1) In addition to any other powers that are
conferred on the Panel under this Act, the Panel
has power to do all things reasonably necessary
or convenient to be done in connection with the
performance of its function.
(2) For the purpose of carrying out the Panel's
function, the Panel is to hold hearings.
8. Notice of review
(1) The Panel is to give notice of the review in such
daily newspapers published and circulating
generally in the State as the Panel considers
necessary.
(2) The notice is to specify -
(a) the purpose of the review; and
(b) the period within which, and the form in
which, submissions may be made to the
Panel; and
(c) the matters that the Panel would like
submissions to address; and
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Electricity Supply Industry Expert Panel Act 2010
Act No. of
Part 2 - Electricity Supply Industry Expert Panel s. 9
(d) how copies of the terms of reference may
be obtained.
9. Conduct of review
(1) The Panel is to conduct the review in accordance
with the terms of reference.
(2) The Panel is to consider any written or oral
submissions received by it.
(3) Subject to this Act and the terms of reference,
the Panel may conduct the review in such
manner as it considers necessary and may -
(a) consult with any person; and
(b) conduct such inquiries and investigations
as it considers necessary.
(4) In conducting the review, the Panel is not bound
by the rules of evidence but may inform itself of
any matter in such manner as it considers
appropriate.
10. Hearings
(1) Before holding a hearing, the Panel is to give
reasonable notice of the hearing in such daily
newspapers published and circulating generally
in the State as the Panel considers necessary.
(2) The notice of the hearing is to specify -
(a) the purpose of the hearing; and
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Electricity Supply Industry Expert Panel Act 2010
Act No. of
s. 11 Part 2 - Electricity Supply Industry Expert Panel
(b) the times and place at which the hearing
is to be held.
(3) A hearing is to be held in public.
(4) For the purposes of this Act, a hearing is taken to
be a meeting of the Panel.
(5) Despite subsection (3), if the Panel is satisfied
that it would be in the public interest to do so or
that evidence to be presented is, or is likely to
be, of a confidential or commercially sensitive
nature, the Panel is to -
(a) direct that a hearing or part of a hearing
is to be held in private and give
directions as to the persons who may be
present; and
(b) give directions prohibiting or restricting
the publication of evidence given, or
documents produced, at the hearing.
(6) A person must not contravene a direction given
under subsection (5)(b).
Penalty: Fine not exceeding 100 penalty units
or a term of imprisonment not
exceeding 6 months, or both.
11. Power to obtain information
(1) The Panel may direct a person to do all or any of
the following:
8
Electricity Supply Industry Expert Panel Act 2010
Act No. of
Part 2 - Electricity Supply Industry Expert Panel s. 11
(a) to provide the Panel with any
information or explanation that the Panel
requires;
(b) to attend and give evidence before the
Panel as may be required by the Panel;
(c) to produce to the Panel any documents in
the custody or under the control of the
person.
(2) The Panel may direct that -
(a) the information, explanation or answers
to questions be given either orally or in
writing (as the Panel requires); and
(b) the information, explanation or answers
to questions be verified or given on oath
or affirmation that the information or
evidence the person will give will be
true.
(3) The Panel may administer an oath or affirmation
for the purposes of this section.
(4) A person who, without reasonable excuse, fails
to comply with a direction under this section
within 14 days of receiving it is guilty of an
offence.
Penalty: Fine not exceeding 100 penalty units.
(5) A person who is required under subsection (1) to
attend under this section is entitled to be paid
such expenses (if any) as the Panel considers
reasonable.
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Electricity Supply Industry Expert Panel Act 2010
Act No. of
s. 12 Part 2 - Electricity Supply Industry Expert Panel
12. General procedure
Except as provided by this Act, the Panel may
regulate its own procedure.
13. Duty to give information overrides other duties and
rights
(1) A person is not excused from giving information
or an explanation, answering a question or
producing a document under section 11 on the
ground that the information, explanation or
answer, or the production of the document,
might tend to incriminate the person.
(2) A person must give information or an
explanation, answer a question or produce a
document as required under section 11 despite
any duty of secrecy or confidentiality that the
person has under any law of the State, and the
person does not commit an offence under any
law of the State by doing so.
(3) If a person gives information or an explanation,
answers a question or produces a document
under section 11 -
(a) the giving of the information or
explanation, answering of the question or
production of the document; or
(b) anything obtained as a direct or indirect
result of the giving of the information or
explanation, answering of the question or
production of the document -
10
Electricity Supply Industry Expert Panel Act 2010
Act No. of
Part 2 - Electricity Supply Industry Expert Panel s. 14
is not admissible in evidence against that person
in any civil or criminal proceedings, except -
(c) proceedings for an offence against this
Act; or
(d) proceedings under Chapter XII of Part III
of the Criminal Code.
14. Panel not subject to direction or control of Minister
of the Crown
The Panel is not subject to the direction or
control of a Minister of the Crown in respect of
the performance or exercise of its function or
powers.
15. Persons to assist Panel
(1) The Panel may make arrangements with the
Secretary of the responsible Department in
relation to the Administrative Arrangements Act
1990 -
(a) for the provision of services and facilities
for the review; and
(b) for persons to be engaged or made
available to assist in the review.
(2) A person employed under the State Service Act
2000 may be made available under
subsection (1) and may serve the Panel in
conjunction with State Service employment.
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Electricity Supply Industry Expert Panel Act 2010
Act No. of
s. 15 Part 2 - Electricity Supply Industry Expert Panel
(3) If a person is engaged or made available under
subsection (1), the Panel, by written notice, is to
authorise the person to perform the function and
exercise the powers under this Act as specified
in the notice.
12
Electricity Supply Industry Expert Panel Act 2010
Act No. of
Part 3 - Miscellaneous s. 16
PART 3 - MISCELLANEOUS
16. Confidential or commercially sensitive information
A member of the Panel or a person who has been
a member of the Panel or any person who is, or
has been, engaged or made available to assist the
Panel ("an assistant") must not disclose to any
person information acquired in the course, or as
a result, of carrying out the function of the Panel,
if that information, in the opinion of the Panel, is
confidential or commercially sensitive and, at
the time it is provided to the Panel or an
assistant, the person providing it states that it is
of a confidential or commercially sensitive
nature.
Penalty: Fine not exceeding 500 penalty units.
17. Protection from liability
(1) A member of the Panel is not personally liable in
respect of any act done or omitted to be done by
the member in good faith in the performance or
exercise, or purported performance or exercise,
of any function or powers arising from his or her
function as a member.
(2) No civil or criminal proceedings lie in respect of
any action done, or omission made, in good faith
in the performance or exercise, or intended
performance or exercise, by a member of the
Panel or any person engaged or made available
to assist the Panel, of any function or powers
13
Electricity Supply Industry Expert Panel Act 2010
Act No. of
s. 18 Part 3 - Miscellaneous
arising from his or her function as a member or
such a person.
18. False or misleading statements
A person must not, in giving information to the
Panel -
(a) make a statement knowing it to be false
or misleading; or
(b) omit any matter from a statement
knowing that without that matter the
statement is false or misleading; or
(c) provide a document that the person
knows to be false or misleading without
informing the person to whom the
document is provided of that knowledge.
Penalty: Fine not exceeding 100 penalty units.
19. Hindering, obstructing, &c., Panel
A person must not hinder, obstruct or interfere
with the Panel or a member of the Panel in the
performance or exercise of its, his or her
function or powers under this Act.
Penalty: Fine not exceeding 100 penalty units.
14
Electricity Supply Industry Expert Panel Act 2010
Act No. of
Part 3 - Miscellaneous s. 20
20. Reports
(1) The Panel is to prepare a draft report in respect
of the review and make the draft report publicly
available.
(2) A person is entitled to make a submission to the
Panel in respect of the draft report.
(3) After considering any submission made to it, the
Panel is to prepare a final report in respect of the
review and give the final report to the Treasurer
and the Minister administering the Energy Co-
ordination and Planning Act 1995.
(4) The final report of the Panel is to be consistent
with the terms of reference.
(5) The Treasurer is to cause a copy of the Panel's
final report to be laid before each House of
Parliament within 14 days of receiving the final
report.
(6) If the Treasurer is unable to comply with
subsection (5) because a House of Parliament is
not sitting, the Treasurer is to -
(a) within 14 days of receiving the final
report, provide a copy of the final report
to the clerk of that House; and
(b) within the first 6 sitting-days after the
copy of the final report is given to the
clerk under paragraph (a), cause a copy
of the final report to be laid before that
House.
15
Electricity Supply Industry Expert Panel Act 2010
Act No. of
s. 21 Part 3 - Miscellaneous
21. Right to Information Act does not apply
The Right to Information Act 2009 does not
apply to information, as defined in that Act, in
the possession of the Panel.
22. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied, approved
or regulated by any person specified in the
regulations.
23. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Treasurer; and
(b) the department responsible to the
Treasurer in relation to the administration
of this Act is the Department of Treasury
and Finance.
16
Electricity Supply Industry Expert Panel Act 2010
Act No. of
Part 3 - Miscellaneous s. 24
24. Repeal of Act
This Act is repealed 2 years from the day on
which it commences.
17
Electricity Supply Industry Expert Panel Act 2010
Act No. of
sch. 1
SCHEDULE 1 - MEMBERSHIP OF ELECTRICITY
SUPPLY INDUSTRY EXPERT PANEL
Section 5(4)
1. Interpretation
In this Schedule -
"member" means a member of the Panel.
2. Term of office
A member is appointed for such period, not
exceeding 2 years, as is specified in the
member's instrument of appointment.
3. Holding other office
The holder of an office who is required by the
terms of his or her employment to devote the
whole of his or her time to the functions of that
office is not disqualified from -
(a) holding that office and also the office of
a member; or
(b) accepting any remuneration payable to a
member.
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Electricity Supply Industry Expert Panel Act 2010
Act No. of
sch. 1
4. State Service Act 2000
(1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a
member.
(2) A State Service officer or State Service
employee is not to be a member of the Panel.
5. Remuneration and conditions of appointment
(1) A member is entitled to be paid such
remuneration and allowances as are specified in
the member's instrument of appointment.
(2) A member holds office on such terms and
conditions in relation to matters not provided for
by this Act as are specified in the member's
instrument of appointment.
6. Resignation
A member may resign office by written notice
given to the Governor.
7. Vacation of office
(1) A member vacates office if the member -
(a) dies; or
(b) resigns; or
19
Electricity Supply Industry Expert Panel Act 2010
Act No. of
sch. 1
(c) is removed from office under
subclause (2) or (3).
(2) The Governor may remove a member from
office if the member -
(a) is absent from 3 consecutive meetings of
the Panel without the permission of the
Panel; or
(b) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with the member's creditors
or makes an assignment of the member's
remuneration or estate for their benefit;
or
(c) is convicted, in Tasmania or elsewhere,
of a crime or an offence punishable by
imprisonment for 2 years or longer; or
(d) fails to disclose a pecuniary interest
under clause 7 of Schedule 2.
(3) The Governor may remove a member from
office if satisfied that the member is unable to
perform adequately or competently the duties of
office.
8. Filling of vacancies
If the office of a member becomes vacant, the
Governor, by notice in the Gazette, may appoint
a person to the vacant office for the remainder of
the term of office of the member.
20
Electricity Supply Industry Expert Panel Act 2010
Act No. of
sch. 1
9. Validation of proceedings
(1) An act or proceeding of the Panel or of a person
acting under any direction of the Panel is not
invalidated by reason only that at the time when
the act or proceeding was done, taken or
commenced there was a vacancy in the office of
a member.
(2) All acts and proceedings of the Panel or of a
person acting under a direction of the Panel are,
despite the subsequent discovery of a defect in
the appointment of a member or that any other
person was disqualified from acting as, or
incapable of being, a member, as valid as if the
member had been duly appointed and was
qualified to act as, or capable of being, a
member, and as if the Panel had been fully
constituted.
10. Presumptions
In any proceeding by or against the Panel, unless
evidence is given to the contrary, proof is not
required of -
(a) the constitution of the Panel; or
(b) the appointment of any member.
21
Electricity Supply Industry Expert Panel Act 2010
Act No. of
sch. 2
SCHEDULE 2 - MEETINGS OF ELECTRICITY
SUPPLY INDUSTRY EXPERT PANEL
Section 5(5)
1. Interpretation
In this Schedule -
"member" means a member of the Panel.
2. Convening of meetings
The chairperson of the Panel is to convene such
meetings of the Panel as are necessary for the
efficient conduct of its function.
3. Presiding at meetings
(1) The chairperson of the Panel is to preside at all
meetings of the Panel at which he or she is
present.
(2) If the chairperson of the Panel is not present at a
meeting of the Panel, another member is to
preside.
4. Quorum and voting at meetings
(1) Two members constitute a quorum at a meeting
of the Panel.
22
Electricity Supply Industry Expert Panel Act 2010
Act No. of
sch. 2
(2) A meeting of the Panel at which a quorum is
present is competent to transact any business of
the Panel.
(3) The person presiding at a meeting of the Panel
has a deliberative vote.
5. Conduct of meetings
(1) Subject to this Act, the Panel may regulate the
calling of, and the conduct of business at, its
meetings as it considers appropriate.
(2) The Panel may permit members to participate in
a particular meeting or all meetings by -
(a) telephone; or
(b) video conference; or
(c) any other means of communication
approved by the Panel.
(3) A member who participates in a meeting under a
permission granted under subclause (2) is taken
to be present at the meeting.
(4) Without limiting subclause (1), the Panel may
allow a person to attend a meeting for the
purpose of advising or informing it on any
matter.
23
Electricity Supply Industry Expert Panel Act 2010
Act No. of
sch. 2
6. Minutes
The Panel is to keep accurate minutes of its
meetings.
7. Disclosure of interests
(1) If a member has a direct or indirect interest in a
matter being considered, or about to be
considered, by the Panel at a meeting of the
Panel, the member must, as soon as practicable
after the relevant facts come to the member's
knowledge, disclose the nature of the interest to
the Panel.
(2) The disclosure is to be recorded in the minutes
of the Panel and, unless the Panel otherwise
determines, a member who has made a
disclosure under subclause (1) in relation to a
matter must not -
(a) be present during any deliberation of the
Panel in relation to the matter; or
(b) take part in any decision of the Panel in
relation to the matter.
(3) For the purpose of the making of a determination
under subclause (2), the member to whom the
matter relates must not -
(a) be present during any deliberation of the
Panel for the purpose of making the
determination; or
(b) take part in making the determination.
24
Electricity Supply Industry Expert Panel Act 2010
Act No. of
sch. 2
8. Presumptions
In any proceeding by or against the Panel, unless
evidence is given to the contrary, proof is not
required of -
(a) any resolution of the Panel; and
(b) the presence of a quorum at any meeting
of the Panel.
Government Printer, Tasmania 25