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TASMANIA
__________
NATIONAL ENERGY RETAIL LAW (TASMANIA)
(CONSEQUENTIAL AMENDMENTS) BILL 2012
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ELECTRICITY - NATIONAL SCHEME (TASMANIA) ACT
1999 AMENDED
3. Principal Act
4. Section 9 amended (Interpretation)
5. Section 10 amended (Law applying to relevant declared
electrical service price determination)
6. Part 4 inserted
PART 4 - Related Matters
11. Regulation-making power for the National
Electricity (Tasmania) Law
12. Validation of instruments and decisions made by
AER
13. Authorisation of preparatory steps by AER
PART 3 - ELECTRICITY SUPPLY INDUSTRY ACT 1995 AMENDED
7. Principal Act
8. Section 3 amended (Interpretation)
9. Section 3A amended (Meaning of distribution network and
electricity generating plant)
[Bill 11]-XI
10. Section 6 amended (Regulator's functions and powers)
11. Section 17 amended (Requirement for licence)
12. Section 18 amended (Application for licence)
13. Section 19 amended (Consideration of application)
14. Sections 19A and 19B inserted
19A. Bass Strait Islands power system
19B. Conditions of, and liabilities in respect of, certain
licences in relation to Bass Strait Islands
15. Section 22 amended (Conditions of licence)
16. Section 25 repealed
17. Part 3, Division 4 substituted
Division 4 - Retailing of electricity to certain customers
38. Only Aurora Retail may retail electricity to non-
contestable customers on mainland Tasmania
39. HEC not to sell electricity to certain customers on, or
be authorised retailer for, mainland Tasmania
40. Standing offer prices
41. Approval of tariffs and charges for small customers
42. Tariffs, charges and conditions for Bass Strait
Islands customers
43. Approval of tariffs, charges and conditions for Bass
Strait Islands customers
43A. Regulator may charge for certain expenses
43B. Only local area retailer may sell unmetered
electricity
18. Section 44 amended (Restrictions on re-supply)
19. Part 3, Division 8A repealed
20. Section 49A amended (Tasmanian Electricity Code)
21. Section 49F amended (Application of Commonwealth
Competition and Consumer Act 2010 and the Competition Code)
22. Section 114D amended (Injunction)
23. Section 122 amended (Regulations)
PART 4 - ENERGY OMBUDSMAN ACT 1998 AMENDED
24. Principal Act
25. Section 3 amended (Interpretation)
2
PART 5 - REPEAL
26. Repeal
3
4
NATIONAL ENERGY RETAIL LAW (TASMANIA)
(CONSEQUENTIAL AMENDMENTS) BILL 2012
(Brought in by the Minister for Energy and Resources, the
Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Electricity - National Scheme
(Tasmania) Act 1999, the Electricity Supply Industry Act
1995 and the Energy Ombudsman Act 1998, consequential
on the enactment of the National Energy Retail Law
(Tasmania) Act 2012
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 National Energy
Retail Law (Tasmania) (Consequential
Amendments) Act 2012.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
THIS BILL IS COGNATE WITH THE NATIONAL ENERGY RETAIL LAW (TASMANIA) BILL
2012
[Bill 11] 5
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
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 amended (Interpretation)
Section 9(1) of the Principal Act is amended by
omitting "Australian Energy Regulator" from the
definition of transfer day and substituting
"AER".
5. Section 10 amended (Law applying to relevant
declared electrical service price determination)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)
"Australian Energy Regulator" and
substituting "AER";
(b) by omitting from subsection (4)(a)
"Australian Electricity Regulator" and
substituting "AER";
*No. 28 of 1999
6
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended s. 6
(c) by omitting from subsection (4)(b)
"Australian Energy Regulator" and
substituting "AER".
6. Part 4 inserted
After section 10 of the Principal Act, the
following Part is inserted:
PART 4 - RELATED MATTERS
11. Regulation-making power for the National
Electricity (Tasmania) Law
The Governor may make such
regulations as are contemplated by the
National Electricity (Tasmania) Law as
being made under this Act as the
application Act of this jurisdiction.
12. Validation of instruments and decisions
made by AER
(1) This section applies to an instrument or a
decision made by the AER if -
(a) the instrument or decision was
made -
(i) at or after the time that the
National Energy Retail
Law (South Australia) Act
7
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 6 Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended
2011 of South Australia
was enacted; but
(ii) before the time (the
application time) that the
National Energy Retail
Law first started to apply
under the National
Energy Retail Law
(Tasmania) Act 2012 as a
law of Tasmania; and
(b) had the National Energy Retail
Law started so to apply, the
making of the instrument or
decision would have been
authorised by one of the
following laws (the authorising
law):
(i) the National Electricity
(Tasmania) Law;
(ii) the National Electricity
(Tasmania) Regulations;
(iii) the Rules;
(iv) this Act;
(v) an instrument made or
having effect under this
Act; and
(c) where the making of the
instrument or decision would be
8
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended s. 6
so authorised subject to the
satisfaction of any conditions or
other requirements (for example,
consultation or publication
requirements), the AER has done
all that would, if the National
Energy Retail Law had started so
to apply, be required under the
authorising law for the instrument
or decision to be so authorised.
(2) For the purposes of the authorising law -
(a) the instrument or decision is
taken to be valid; and
(b) the instrument or decision has
effect from the application time -
(i) as varied, and unless
revoked, by any other
instrument or decision to
which this section applies;
and
(ii) subject to that law as so
applying.
(3) For this section -
(a) guidelines are an example of an
instrument; and
(b) the following are examples of
decisions:
9
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 6 Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended
(i) appointments;
(ii) determinations;
(iii) approvals.
13. Authorisation of preparatory steps by AER
(1) This section applies if -
(a) the AER is required to do
something (a preparatory step)
before making a decision or
making an instrument under one
of the following (the authorising
law):
(i) the National Electricity
(Tasmania) Law;
(ii) the National Electricity
(Tasmania) Regulations;
(iii) the Rules;
(iv) this Act;
(v) an instrument made or
having effect under this
Act; and
(b) the AER takes the preparatory
step -
(i) at or after the time that the
National Energy Retail
10
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 2 - Electricity - National Scheme (Tasmania) Act 1999 Amended s. 6
Law (South Australia) Act
2011 of South Australia
was enacted; but
(ii) before the time the
National Energy Retail
Law first started to apply
under the National
Energy Retail Law
(Tasmania) Act 2012 as a
law of Tasmania.
(2) For the purposes of the authorising law,
the AER is taken to have complied with
the requirement to take the preparatory
step.
11
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 7 Part 3 - Electricity Supply Industry Act 1995 Amended
PART 3 - ELECTRICITY SUPPLY INDUSTRY ACT
1995 AMENDED
7. Principal Act
In this Part, the Electricity Supply Industry Act
1995* is referred to as the Principal Act.
8. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "Trade Practices Act 1974"
from the definition of AER and
substituting "Competition and Consumer
Act 2010";
(b) by inserting the following definitions
after the definition of AER:
Aurora Energy means Aurora Energy
Pty Ltd (ABN 85 082 464 622);
Aurora Retail means Aurora Energy
in its capacity as the holder of a
retailer authorisation;
(c) by inserting the following definition after
the definition of authorised officer:
*No. 58 of 1995
12
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 8
authorised retailer means a person
who is the holder of a retailer
authorisation;
(d) by inserting the following definitions
after the definition of Basslink:
Bass Strait Islands means those
islands in the State of Tasmania
known as King Island and
Flinders Island;
Bass Strait Islands tariff retailer
means -
(a) the holder of a licence
issued under
section 19A(2); and
(b) the holder of a licence
issued in accordance with
section 19A(6);
business customer means a customer
who is not a residential customer;
(e) by omitting the definitions of contestable
customer, customer and customer retail
services and substituting the following
definitions:
connection means a physical link
between a distribution system and
a customer's premises to allow
the flow of electricity;
13
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 8 Part 3 - Electricity Supply Industry Act 1995 Amended
contestable customer means a
customer who is determined by or
under the regulations to be a
contestable customer;
customer means a person to whom
electricity is sold for premises by
a retailer or who proposes to
purchase electricity for premises
from a retailer;
customer retail services means the
sale of electricity by a retailer to a
customer at premises;
(f) by inserting ", or premises," after
"installation" in the definition of
disconnect;
(g) by inserting the following definition after
the definition of land:
licence means a licence issued under
section 19 or 19A;
(h) by inserting the following definitions
after the definition of low voltage:
mainland Tasmania means all parts of
Tasmania other than any off-
shore island of Tasmania (except
for Bruny Island);
market retail contract has the meaning
it has in the National Energy
Retail Law (Tasmania);
14
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 8
(i) by inserting the following definitions
after the definition of National
Electricity Rules:
National Energy Retail Law
(Tasmania) has the meaning it
has in the National Energy Retail
Law (Tasmania) Act 2012;
National Energy Retail Regulations
(Tasmania) has the meaning it
has in the National Energy Retail
Law (Tasmania) Act 2012;
National Energy Retail Rules means
the National Energy Retail Rules,
within the meaning of the
National Energy Retail Law
(Tasmania), as modified in their
application in this jurisdiction
under the National Energy Retail
Law (Tasmania) Act 2012;
(j) by omitting the definition of non-
contestable customer and substituting the
following definition:
non-contestable customer means a
small customer who is not a
contestable customer;
(k) by omitting the definitions of retailer,
retailer of last resort and retailing and
substituting the following definitions:
15
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 9 Part 3 - Electricity Supply Industry Act 1995 Amended
residential customer means a
customer who purchases
electricity principally for
personal, household or domestic
use at premises;
retailer means a person who sells, or
proposes to sell, for premises,
electricity to a customer;
retailer authorisation has the meaning
it has in the National Energy
Retail Law (Tasmania);
(l) by inserting the following definitions
after the definition of reviewable
decision:
small customer means a customer who
is a small customer under the
National Energy Retail Law
(Tasmania);
standing offer prices has the meaning
it has in the National Energy
Retail Law (Tasmania);
(m) by omitting the definitions of supply area
and tariff;
(n) by omitting the definition of vesting
agreement.
16
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 9
9. Section 3A amended (Meaning of distribution
network and electricity generating plant)
Section 3A of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) In this Act, a reference to a distribution
network is a reference to the apparatus,
electric lines, equipment, plant, and
buildings, used to convey or control the
conveyance of electricity, that the
National Electricity Rules specify as, or
as forming part of, a distribution system.
10. Section 6 amended (Regulator's functions and
powers)
Section 6 of the Principal Act is amended by
omitting subsections (5) and (6).
11. Section 17 amended (Requirement for licence)
Section 17(2) of the Principal Act is amended by
omitting paragraph (d) and substituting the
following paragraph:
(d) the retailing of electricity in the Bass
Strait Islands; or
17
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 12 Part 3 - Electricity Supply Industry Act 1995 Amended
12. Section 18 amended (Application for licence)
Section 18(1)(c) of the Principal Act is amended
by omitting subparagraph (iv) and substituting
the following subparagraph:
(iv) if authority for retailing electricity in the
Bass Strait Islands is sought, contain
details of the business or proposed
business; and
13. Section 19 amended (Consideration of application)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting paragraph (fa) from
subsection (2);
(b) by omitting subsection (2A).
14. Sections 19A and 19B inserted
After section 19 of the Principal Act, the
following sections are inserted in Subdivision 1:
19A. Bass Strait Islands power system
(1) In this section -
Bass Strait Islands power system
means the system for generation
and distribution of electricity in
the Bass Strait Islands.
18
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 14
(2) On the day on which this section comes
into operation, the Regulator must issue -
(a) a licence to the Hydro-Electric
Corporation to carry on, in
relation to the Bass Strait Islands,
the operations in the electricity
supply industry referred to in
section 17(2)(a); and
(b) a licence to the Hydro-Electric
Corporation to carry on, in
relation to the Bass Strait Islands,
the operations in the electricity
supply industry referred to in
section 17(2)(c); and
(c) a licence to the Hydro-Electric
Corporation to carry on the
operations in the electricity
supply industry referred to in
section 17(2)(d).
(3) Section 19, section 21, section 27(1) and
(3), section 29 and section 30 do not
apply in relation to a licence issued under
subsection (2).
(4) On the day on which this section comes
into operation, section 4 of the Electricity
Supply Industry Restructuring (Savings
and Transitional Provisions) Act 1995
ceases to apply in relation to the Hydro-
Electric Corporation in respect of
regulated operations, in an electricity
19
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 14 Part 3 - Electricity Supply Industry Act 1995 Amended
supply industry referred to in
section 17(2)(a), (c) or (d), carried on in
relation to the Bass Strait Islands.
(5) The Regulator, with the approval of the
Treasurer and the Minister, may -
(a) by notice in writing to the Hydro-
Electric Corporation, revoke a
licence issued under
subsection (2); or
(b) by notice in writing to the holder
of a licence issued in accordance
with subsection (6), revoke the
licence.
(6) If a licence that is revoked under
subsection (5) is -
(a) a licence to carry on operations in
an electricity supply industry that
is referred to in section 17(2)(a),
the Regulator may issue to a
person under section 19 a licence,
to carry on such operations in
relation to the Bass Strait Islands,
that is subject to the condition
specified in section 19B(2); or
(b) a licence to carry on operations in
an electricity supply industry that
is referred to in section 17(2)(c),
the Regulator may issue to a
person under section 19 a licence,
to carry on such operations in
20
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 14
relation to the Bass Strait Islands,
that is subject to the condition
specified in section 19B(2) and
the condition specified in
section 19B(3); or
(c) a licence to carry on operations in
an electricity supply industry that
is referred to in section 17(2)(d),
the Regulator may issue to a
person under section 19 a licence,
to carry on such operations in
relation to the Bass Strait Islands,
that is subject to the condition
specified in section 19B(2).
(7) Nothing in subsection (6) is to be taken
to prevent the Regulator issuing under
section 19 a licence that is not subject to
the condition specified in section 19B(2)
or the condition specified in
section 19B(3).
(8) The Regulator may only issue a licence
in accordance with subsection (6) with
the approval of the Treasurer and the
Minister and the applicant for the licence.
19B. Conditions of, and liabilities in respect of,
certain licences in relation to Bass Strait
Islands
(1) This section applies to -
(a) a licence issued under
section 19A(2); and
21
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 14 Part 3 - Electricity Supply Industry Act 1995 Amended
(b) a licence issued in accordance
with section 19A(6).
(2) Without limiting the conditions to which
a licence to which this section relates
may be subject under this Act, such a
licence is subject to the condition that it
only authorises the carrying on in the
Bass Strait Islands of the operations in an
electricity supply industry to which the
licence relates.
(3) It is a condition of a licence to which this
section relates, issued in respect of the
electricity supply industry referred to in
section 17(2)(c), that the holder of the
licence must -
(a) continuously monitor the
operation of the Bass Strait
Islands power system; and
(b) control the input of electricity and
the loads placed on the Bass
Strait Islands power system to
ensure that -
(i) the integrity of the Bass
Strait Islands power
system is maintained; and
(ii) the Bass Strait Islands
power system operates
efficiently, reliably and
safely; and
22
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 14
(c) perform the functions in relation
to the Bass Strait Islands that are
assigned to the holder of the
licence under the regulations or
the Code; and
(d) exercise the powers in relation to
the Bass Strait Islands that the
holder of the licence is required
to exercise under the regulations
or the Code.
(4) In performing, in relation to the Bass
Strait Islands, the functions or powers
referred to in subsection (3), the holder
of a licence to which this section relates
has, in addition to the powers referred to
in subsection (3), any other power
imposed or conferred on the holder of the
licence by the regulations or the Code.
(5) The holder of a licence to which this
section relates is not liable for an act or
omission, in relation to the Bass Strait
Islands, that is done, or omitted to be
done, in good faith, by -
(a) the holder of the licence; or
(b) an employee or agent of the
holder of the licence -
in the exercise or performance, or the
purported exercise or performance, of a
power or function, referred to in
23
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 15 Part 3 - Electricity Supply Industry Act 1995 Amended
subsection (3) or (4), of the holder of the
licence.
(6) An employee or agent of the holder of a
licence to which this section relates is not
personally liable for an act, or omission,
in relation to the Bass Strait Islands, that
is done, or omitted to be done, in good
faith, in the exercise or performance, or
the purported exercise or performance, of
a power or function, referred to in
subsection (3) or (4), of the holder of the
licence.
15. Section 22 amended (Conditions of licence)
Section 22 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c) "and
the relevant regulations" and substituting
"and any regulation that applies to the
electricity entity";
(b) by omitting from subsection (1)(f)(i)
"Electricity Ombudsman Act 1998" and
substituting "Energy Ombudsman Act
1998";
(c) by omitting from subsection (1)(f)(ii)
"Electricity Ombudsman Act 1998" and
substituting "Energy Ombudsman Act
1998";
24
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 16
(d) by omitting from subsection (1)(f)(iii)
"Electricity Ombudsman Act 1998" and
substituting "Energy Ombudsman Act
1998";
(e) by omitting subsection (2) and
substituting the following subsection:
(2) Without limiting subsection (1),
the conditions of a licence that
the Regulator may determine may
include conditions of a prescribed
kind.
16. Section 25 repealed
Section 25 of the Principal Act is repealed.
17. Part 3, Division 4 substituted
Division 4 of Part 3 of the Principal Act is
repealed and the following Division is
substituted:
Division 4 - Retailing of electricity to certain customers
38. Only Aurora Retail may retail electricity to
non-contestable customers on mainland
Tasmania
(1) A person other than Aurora Retail must
not sell, or offer to sell, electricity to a
25
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 17 Part 3 - Electricity Supply Industry Act 1995 Amended
non-contestable customer at premises
situated on mainland Tasmania.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 1 000
penalty units; or
(b) an individual, a fine not
exceeding 500 penalty
units.
(2) Subsection (1) does not apply, in relation
to a non-contestable customer who is a
move-in customer, within the meaning of
the National Energy Retail Law
(Tasmania), until 3 months after the non-
contestable customer becomes such a
customer.
(3) Subsection (1) does not apply in relation
to -
(a) a person to whom section 21 of
the National Energy Retail Law
(Tasmania) Act 2012 applies; or
(b) a sale of electricity to which
section 21 of the National Energy
Retail Law (Tasmania) Act 2012
applies or an offer to sell such
electricity; or
(c) a person who is an exempt seller,
within the meaning of the
26
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 17
National Energy Retail Law
(Tasmania), if the sale of
electricity to which that
subsection would otherwise apply
is permitted, or not prohibited, by
the terms of the exemption of the
person.
(4) A retailer authorisation under the
National Energy Retail Law (Tasmania)
is of no effect under that Law to the
extent that it authorises, or purports to
authorise, an authorised retailer to sell
electricity to a customer in contravention
of this section.
39. HEC not to sell electricity to certain
customers on, or be authorised retailer for,
mainland Tasmania
(1) In this section -
related body corporate, in relation to
the Hydro-Electric Corporation,
means a person that, if the Hydro-
Electric Corporation were a
corporation within the meaning of
the Corporations Act, would be a
related body corporate of that
corporation;
subsidiary, in relation to the Hydro-
Electric Corporation, means a
person that, if the Hydro-Electric
27
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 17 Part 3 - Electricity Supply Industry Act 1995 Amended
Corporation were a corporation
within the meaning of the
Corporations Act, would be a
subsidiary of that corporation.
(2) The Hydro-Electric Corporation, a
subsidiary of the Hydro-Electric
Corporation and a related body corporate
of the Hydro-Electric Corporation must
not sell, or offer to sell, electricity to a
customer at premises situated on
mainland Tasmania, other than electricity
that is generated by an electricity
generating plant that is prescribed for the
purposes of this section to be an historic
electricity generating plant.
Penalty: Fine not exceeding 1 000 penalty
units.
(3) A retailer authorisation is of no effect to
the extent that it authorises, or purports
to authorise, the Hydro-Electric
Corporation, a subsidiary of the Hydro-
Electric Corporation, or a related body
corporate of the Hydro-Electric
Corporation, to sell electricity to a
customer at premises situated on
mainland Tasmania, other than electricity
generated by an electricity generating
plant that is prescribed for the purposes
of this section to be an historic electricity
generating plant.
28
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 3 - Electricity Supply Industry Act 1995 Amended s. 17
40. Standing offer prices
(1) Aurora Retail must fix the tariffs and
charges that are to constitute its standing
offer prices in respect of small
customers.
(2) Except under a market retail contract,
Aurora Retail must not -
(a) sell, or offer to sell, electricity to
a small customer at a price; or
(b) require payment of a charge -
unless the price or charge is a tariff or
charge fixed under subsection (1) or a
tariff or charge as amended under
subsection (4).
Penalty: Fine not exceeding 1 000 penalty
units.
(3) A tariff or charge fixed under
subsection (1), and a tariff or charge as
amended under subsection (4), may
specify different prices or charges for
different classes of small customers but
may not specify different tariffs or
charges, in respect of different areas of
Tasmania, for the same class of small
customers.
(4) Aurora Retail may -
29
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 17 Part 3 - Electricity Supply Industry Act 1995 Amended
(a) amend a tariff or charge fixed
under subsection (1) or a tariff or
charge as amended under this
subsection; or
(b) rescind a tariff or charge fixed
under subsection (1), or a tariff or
charge as amended under this
subsection, and fix a new tariff or
charge under subsection (1).
(5) A tariff or charge fixed under
subsection (1) and an amendment of such
a tariff or charge under subsection (4) -
(a) must be consistent with this Act,
the regulations and the Code; and
(b) must comply with any form
specified in the regulations.
(6) In fixing or amending a tariff or charge,
Aurora Retail must comply with the
requirements, if any, for the fixing or
amending of tariffs or charges, set out in
the regulations.
(7) A tariff or charge, or an amendment or
rescission of a tariff or charge, takes
effect on the day specified in the tariff or
charge or amendment or rescission of the
tariff or charge.
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41. Approval of tariffs and charges for small
customers
(1) A tariff or charge may not be fixed under
section 40(1), and an amendment of a
tariff or charge may not be made under
section 40(4), unless -
(a) a draft of the tariff or charge, or a
draft amendment of the tariff or
charge, has been approved by the
Regulator under subsection (3);
and
(b) the tariff or charge fixed, or the
draft amendment made, is in the
same terms as the draft of the
tariff or charge, or the draft
amendment of the tariff or
charge, approved by the
Regulator under subsection (3).
(2) Aurora Retail may submit to the
Regulator a draft tariff or charge or a
draft amendment of a tariff or charge.
(3) If a draft tariff or charge, or a draft
amendment of a tariff or charge, is
submitted to the Regulator under
subsection (2), the Regulator must -
(a) approve, without modification,
the draft tariff or charge or the
draft amendment of the tariff or
charge; or
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(b) approve, with modification, the
draft tariff or charge or the draft
amendment of the tariff or
charge; or
(c) refuse to approve the draft tariff
or charge or the draft amendment
of the tariff or charge.
42. Tariffs, charges and conditions for Bass
Strait Islands customers
(1) A Bass Strait Islands tariff retailer must
fix the tariffs, charges and conditions that
are to constitute its prices, charges and
conditions in respect of customers at
premises on the Bass Strait Islands.
(2) A Bass Strait Islands tariff retailer must
not -
(a) sell, or offer to sell, electricity to
a customer at premises on the
Bass Strait Islands, at a price; or
(b) require payment of a charge by a
customer at premises on the Bass
Strait Islands; or
(c) impose a condition on the sale of
electricity to a customer at
premises in the Bass Strait
Islands -
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unless the price, charge or condition is a
tariff, charge or condition fixed under
subsection (1) or a tariff, charge or
condition as amended under
subsection (4).
Penalty: Fine not exceeding 1 000 penalty
units.
(3) A tariff, charge or condition fixed under
subsection (1), and a tariff or charge as
amended under subsection (4), may
specify different prices, charges or
conditions for different classes of
customers at premises on the Bass Strait
Islands but may not specify different
tariffs, charges or conditions, in respect
of different areas of the Bass Strait
Islands, for the same class of customers.
(4) A Bass Strait Islands tariff retailer may -
(a) amend a tariff, charge or
condition fixed under
subsection (1) or a tariff or charge
as amended under this subsection;
or
(b) rescind a tariff, charge or
condition fixed under
subsection (1), or a tariff, charge
or condition as amended under
this subsection, and fix a new
tariff, charge or condition under
subsection (1).
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(5) A tariff, charge or condition fixed under
subsection (1) and any amendment of a
tariff, charge or condition under
subsection (4) -
(a) must be consistent with this Act,
the regulations and the Code; and
(b) must comply with any form
specified in the regulations.
(6) In fixing or amending a tariff, charge or
condition, a Bass Strait Islands tariff
retailer must comply with the
requirements, if any, for the fixing or
amending of tariffs, charges or
conditions, set out in the regulations.
(7) A tariff, charge or condition, or an
amendment of a tariff, charge or
condition, takes effect on the day
specified in the tariff, charge or condition
or amendment of the tariff, charge or
condition.
(8) A Bass Strait Islands tariff retailer must,
before a tariff, charge or condition, or an
amendment of a tariff, charge or
condition, in respect of premises on the
Bass Strait Islands takes effect -
(a) ensure the tariff, charge or
condition, or the amendment of a
tariff, charge or condition, is
published in a newspaper
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Part 3 - Electricity Supply Industry Act 1995 Amended s. 17
circulating generally in the supply
area; and
(b) take other reasonable steps to
bring changes in prices, charges
and conditions to the attention of
customers affected by the
changes; and
(c) comply with any further
requirements, relating to the
publication of tariffs, charges or
conditions, specified in the Code.
(9) A Bass Strait Islands tariff retailer must,
at the request of a customer at premises
on the Bass Strait Islands, provide to the
customer a copy of the entity's current
tariff, charges or conditions in relation to
such premises.
43. Approval of tariffs, charges and conditions
for Bass Strait Islands customers
(1) A tariff, charge or condition may not be
fixed under section 42(1), and an
amendment of a tariff, charge or
condition may not be made under
section 42(4), unless -
(a) a draft of the tariff, charge or
condition, or a draft of the
amendment of the tariff, charge
or condition, has been approved
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by the Regulator under
subsection (3); and
(b) the tariff, charge or condition
fixed, or the draft amendment
made, is in the same terms as the
draft of the tariff, charge or
condition, or the draft amendment
of the tariff, charge or condition,
approved by the Regulator under
subsection (3).
(2) A Bass Strait Islands tariff retailer may
submit to the Regulator a draft tariff,
charge or condition or a draft amendment
of a tariff, charge or condition.
(3) If a draft tariff, charge or condition, or a
draft amendment of a tariff, charge or
condition, is submitted to the Regulator
under subsection (2), the Regulator
must -
(a) approve, without modification,
the draft tariff, charge or
condition or the draft amendment
of the tariff, charge or condition;
or
(b) approve, with modification, the
draft tariff, charge or condition or
the draft amendment of the tariff,
charge or condition; or
(c) refuse to approve the draft tariff,
charge or condition or the draft
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amendment of the tariff, charge
or condition.
43A. Regulator may charge for certain expenses
(1) The Regulator may send a notice to
Aurora Retail specifying -
(a) the amount of the reasonable
expenses incurred by the
Regulator in -
(i) determining under
section 41 whether to
approve a tariff or charge
or an amendment of a
tariff or charge; and
(ii) ensuring compliance by
Aurora Retail with
section 40; and
(iii) performing the
Regulator's functions, and
exercising its powers,
under the Act in respect
of the regulation of the
provision of services and
the sale of electricity to
non-contestable
customers by Aurora
Retail; and
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(b) the date on or before which the
expenses are to be paid by Aurora
Retail.
(2) A date specified in a notice to Aurora
Retail under subsection (1) is not to be
earlier than 30 days after the notice is
sent to Aurora Retail.
(3) Aurora Retail is liable to pay to the
Regulator, on the date specified, in a
notice under subsection (1) sent to
Aurora Retail, as the date by which the
amount is to be paid, the amount of the
reasonable expenses specified in the
notice.
(4) The Regulator may recover from Aurora
Retail, in a court of competent
jurisdiction, as a debt due and owing, an
amount that Aurora Retail is liable to pay
under subregulation (3).
43B. Only local area retailer may sell unmetered
electricity
(1) An authorised retailer, other than a local
area retailer, within the meaning of the
National Energy Retail Law (Tasmania),
must not, for the prescribed period, sell
electricity to persons or a class of
persons -
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Part 3 - Electricity Supply Industry Act 1995 Amended s. 18
(a) whose consumption of that
electricity is not metered; and
(b) who is a member of a class of
persons that is prescribed.
(2) Regulations may prescribe a class of
persons for the purposes of this section
by reference to -
(a) the purpose for which the
electricity is used; or
(b) the quantity of electricity used; or
(c) the period of use; or
(d) the place of supply; or
(e) any other factor specified in the
regulations.
18. Section 44 amended (Restrictions on re-supply)
Section 44(3) of the Principal Act is amended by
omitting "section 51 of the Trade Practices Act
1974" and substituting "section 51 of the
Competition and Consumer Act 2010".
19. Part 3, Division 8A repealed
Division 8A of Part 3 of the Principal Act is
repealed.
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National Energy Retail Law (Tasmania) (Consequential
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Act No. of
s. 20 Part 3 - Electricity Supply Industry Act 1995 Amended
20. Section 49A amended (Tasmanian Electricity Code)
Section 49A of the Principal Act is amended as
follows:
(a) by omitting paragraph (f) from
subsection (3) and substituting the
following paragraphs:
(f) supply of electricity to customers;
(fa) sale of electricity to customers on
the Bass Strait Islands;
(b) by omitting from subsection (3)(n)
"tariffs" and substituting "the regulation
of pricing";
(c) by omitting paragraphs (b) and (c) from
subsection (7) and substituting the
following paragraph:
(b) a tribunal or committee
established under the Code or this
Act.
21. Section 49F amended (Application of
Commonwealth Competition and Consumer Act
2010 and the Competition Code)
Section 49F(2) of the Principal Act is amended
as follows:
(a) by omitting "section 51 of the Trade
Practices Act 1974" and substituting
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Part 3 - Electricity Supply Industry Act 1995 Amended s. 22
"section 51 of the Competition and
Consumer Act 2010";
(b) by omitting paragraph (b);
(c) by omitting from paragraph (d) ", the
Code and any vesting agreement entered
into" and substituting "or the Code".
22. Section 114D amended (Injunction)
Section 114D(4)(a) of the Principal Act is
amended by omitting ", the regulations or the
Code" and substituting "or the regulations".
23. Section 122 amended (Regulations)
Section 122 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2A)(a) "or
authorised retailers" after "entities";
(b) by inserting in subsection (2A)(b) "or
authorised retailers" after "entities";
(c) by inserting in subsection (2A)(b) "sale
or" after "for the";
(d) by inserting in subsection (2A)(f) "and
authorised retailers" after "entities";
(e) by inserting in subsection (2B)(a) "or
authorised retailers" after "entities";
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Act No. of
s. 23 Part 3 - Electricity Supply Industry Act 1995 Amended
(f) by inserting in subsection (2B)(a) "sale
or" after "for the";
(g) by inserting in subsection (2B)(b) "sale
or" after "of the";
(h) by inserting in subsection (2B)(b) "or
authorised retailers" after "entities";
(i) by inserting in subsection (2B)(c) "or
authorised retailers" after "entities";
(j) by inserting in subsection (2B)(d) "or
authorised retailers" after "entities";
(k) by inserting the following subsection
after subsection (2B):
(2BAA) Without limiting subsection (1),
the regulations may provide for
the imposition, on electrical
entities that are distributors and
that hold retail authorisations, of
requirements to ring fence, for
accounting purposes, certain
activities of such entities.
(l) by omitting subsection (2BB);
(m) by inserting the following paragraph
before paragraph (a) in subsection
(2BD):
(aa) the determination as to whether a
customer is a contestable
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Part 3 - Electricity Supply Industry Act 1995 Amended s. 23
customer or a non-contestable
customer; and
(n) by omitting paragraph (b) from
subsection (2BD) and substituting the
following paragraph:
(b) the placing on an electricity
entity, an authorised retailer, the
Regulator, or another person, of
requirements in relation to a
customer as a contestable
customer or as a non-contestable
customer; and
(o) by omitting from subsection (2BE) "or
(2BD)(b)";
(p) by inserting the following paragraph after
paragraph (bc) in subsection (2C):
(bd) any of the provisions of the
National Energy Retail Law
(Tasmania) (Consequential
Amendments) Act 2012;
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National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
s. 24 Part 4 - Energy Ombudsman Act 1998 Amended
PART 4 - ENERGY OMBUDSMAN ACT 1998
AMENDED
24. Principal Act
In this Part, the Energy Ombudsman Act 1998*
is referred to as the Principal Act.
25. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after paragraph (a) in the definition of
energy entity the following paragraphs:
(ab) a retailer within the meaning of the
National Energy Retail Law (Tasmania);
or
(ac) an exempt seller within the meaning of
the National Energy Retail Law
(Tasmania); or
(ad) a person to whom, or a person who sells
electricity to which, section 21 of the
National Energy Retail Law (Tasmania)
Act 2012 applies;
*No. 20 of 1998
44
National Energy Retail Law (Tasmania) (Consequential
Amendments) Act 2012
Act No. of
Part 5 - Repeal s. 26
PART 5 - REPEAL
26. Repeal
This Act is repealed on the ninetieth day from
the day on which all of the provisions of this Act
commence.
Government Printer, Tasmania 45