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ECONOMIC REGULATOR (CONSEQUENTIAL AMENDMENTS)
BILL 2009
NOTES ON CLAUSES
PART 1 PRELIMINARY
Clause 1 Short title.
Clause 2 This clause provides that the Act commences on the same day as
the Economic Regulator Bill 2009.
Clause 3 This clause provides for the automatic repeal of this Act 90 days
after its commencement.
PART 2 ELECTRICITY INDUSTRY SAFETY AND
ADMINISTRATION ACT 1997 AMENDED
This part amends the above Act to transfer certain safety-related
functions to the Secretary administering that Act.
Clause 4 This clause defines the Electricity Industry Safety and
Administration Act 1997 as the principal Act for the purposes of
Part 2.
Clauses 5-42 These clauses amend all references to the Regulator to refer to the
"Secretary", namely the Secretary administering the Electricity
Industry Safety and Administration Act 1997. These amendments
transfer responsibility of safety-related functions from the electricity
supply industry Regulator to Workplace Standards Tasmania, which
currently has these responsibilities under delegation from the
Regulator.
Clause 43 This clause inserts a range of transitional provisions regarding the
continuation of various decisions, reports, certificates and other
matters made under the current arrangements.
PART 3 ELECTRICITY SUPPLY INDUSTRY ACT 1995
AMENDED
This part amends the above Act to transfer certain safety-related
functions and powers from the electricity supply industry Regulator
to Workplace Standards Tasmania.
Clause 44 This clause defines the Electricity Supply Industry Act 1995 as the
principal Act for the purposes of Part 3.
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Clause 45 This clause inserts a definition of the "workplace health and safety
Secretary" as several amendments in this Act transfer
responsibilities from the Regulator to the Secretary responsible for
the administration of the Workplace Health and Safety Act 1995.
This clause also replaces the definition of NEMMCO with that of
AEMO, as the Australian Energy Market Operator is now the market
manager of the National Electricity market.
Clause 46 This clause establishes the Tasmanian Economic Regulator as the
economic regulator for the electricity supply industry in Tasmania.
Clause 47 This clause is needed as the Tasmanian Economic Regulator is a
board and not an individual.
Clause 48 This clause permits the Regulator to combine its annual reports
under the Electricity Supply Industry Act 2009 with its other annual
reports under other Acts.
Clauses These clauses transfer safety-related responsibilities to Workplace
49-55 Standards Tasmania, by amending the Electricity Supply Industry
Act 1995 to transfer these responsibilities to the Secretary of the
agency responsible for the Workplace Health and Safety Act 1995.
Workplace Standards Tasmania currently has these responsibilities
under delegation from the Regulator.
Clause 56 Inserts a new section 96, recognising that applications for
administrative review must be made to the authority that made the
decision.
Clause 57-71 These provisions amend Parts 9 and 10 of the Act to reflect the
transfer of some functions and powers to the workplace health and
safety Secretary. Accordingly, the Secretary is granted some
powers in relation to administrative review and related proceedings.
Clause 72 This clause inserts certain transitional provisions regarding the
continuation of the appointment of authorised officers under the
Electricity Supply Industry Act 1995.
PART 4 GAS ACT 2000 AMENDED
This Part amends the above Act to establish the Tasmanian
Economic Regulator as the economic regulator for the gas industry
in Tasmania. Currently the economic regulator is titled the Director
of Gas, who is the Government Prices Oversight Commissioner and
will become the chairperson of the Tasmanian Economic Regulator.
Clause 73 This clause defines the Gas Act 2000 as the principal Act for the
purposes of Part 4.
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Clause 74 This clause defines the Tasmania Economic Regulator as the
economic regulator for the purposes of the Gas Act 2000.
Clause 75 This clause amends the heading of Division 1 of Part 2, replacing
"Director of Gas" with "Regulator".
Clause 76 This clause establishes Tasmanian Economic Regulator as the
Regulator under this Act.
Clauses These clauses replace references to the Director of Gas with
77-83 references to the Regulator.
Clause 84 This clause permits the Regulator to combine its annual report with
its annual reports made under certain other Acts.
Clauses These clauses replace references to the Director of Gas with the
85-124 Regulator.
Clause 125 This clause permits regulations made under the Gas Act 2000 to
provide for savings and transition matters.
Clause 126 This clause inserts transitional provisions to continue various
delegations, licences, codes, appointments and other matters
following the commencement of this Act.
PART 5 GAS PIPELINES ACT 2000 AMENDED
This part amends the above Act to transfer responsibility for
economic regulation in this Act from the Director of Gas to the
Regulator.
Clause 127 This clause defines the Gas Pipelines Act 2000 as the principal Act
for the purposes of Part 5.
Clause 128 This clause amends definitions to reflect the transfer of
responsibility for economic regulation in this Act from the Director of
Gas to the Regulator.
Clause 129 This clause repeals Division 1 of Part 2 of the Act, which defines the
Director of Gas.
Clauses These clauses replace references to the Director of Gas with the
130-157 Regulator or the Director of Gas Safety as appropriate.
Clause 158 This clause repeals section 78 of the Gas Pipelines Act 2000, which
has a definition that refers to the Director of Gas.
Clauses These clauses replace references to the Director of Gas with the
159-161 Regulator or the Director of Gas Safety as appropriate.
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Clause 162 This clause repeals section 88 of the Gas Pipelines Act 2000, which
has a definition that refers to the Director of Gas.
Clause 163 This clause sets out the delegation of functions and powers by the
Regulator and the Director of Gas Safety. .
Clause These clauses replace references to the Director of Gas with the
164-169 Regulator or the Director of Gas Safety as appropriate.
Clause 170 This clause inserts transitional provisions to continue various
delegations, licences, fees, fines imposed and other matters
following the commencement of this Act.
PART 6 WATER AND SEWERAGE INDUSTRY ACT 2008
AMENDED
The amendments in this Part are needed as the Tasmanian
Economic Regulator is a board and not an individual.
Clause 171 This clause defines the Water and Sewerage Industry Act 2008 as
the principal Act for the purposes of Part 6.
Clause 172 This clause omits the words "Water and Sewerage Economic" from
the Regulator's title, to achieve consistency with the Regulator's title
under other Acts.
Clause 173 This clause amends section 11 of the Water and Sewerage Industry
Act 2008 to establish the Tasmanian Economic Regulator as the
water and sewerage economic regulator.
Clauses These clauses remove references to "his or her" to recognise that
174-181 the Regulator is no longer an individual.
Clause 182 This clause permits the Regulator to combine its annual report
under the Water and Sewerage Industry Act 2008 with its annual
reports made under certain other Acts.
Clauses These clauses remove references to "his or her" to recognise that
183-186 the Regulator is no longer an individual.