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Electricity Industry Amendment (Critical Infrastructure) Bill 2009 Introduction Print EXPLANATORY MEMORANDUM General The Bill amends the Electricity Industry Act 2000 to protect critical electricity infrastructure and plant and equipment or related vehicles on a critical electricity infrastructure site. Clause Notes Clause 1 sets out the purpose of the Bill. Clause 2 sets out the commencement for the Bill. The Bill will come into operation on the day after the day it receives the Royal Assent. Clause 3 provides that references in the Bill to the Principal Act are to the Electricity Industry Act 2000. Clause 4 amends section 3 of the Electricity Industry Act 2000 to insert the following new definitions for the purpose of new Part 4: critical electricity infrastructure, critical generation facility and related coal mine. The term critical electricity infrastructure is defined to mean generators with generation capacity of 1000 kVA or greater, related coal mines and water storage facilities, and substations, terminal stations and switchyards. Clause 5 inserts a new Part 4 into the Electricity Industry Act 2000. New section 79 makes it an offence for a person to be present on land or premises on which or in an enclosure in which critical electricity infrastructure is situated and who knows he or she does not have authority to be on that land or premises or in that enclosure. The maximum penalty for this offence is imprisonment for one year. 561445 1 BILL LA INTRODUCTION 13/10/2009
New section 80(1) and (2) makes it an offence for a person to damage, interfere or tamper with, or attach a thing to, plant or equipment that forms part of critical electricity infrastructure or plant or equipment or a relevant infrastructure vehicle on land or premises on which, or in an enclosure in which, critical electricity infrastructure is situated and who knows he or she does not have authority to do such an act and who is reckless as to whether such an act will result in the disruption of the generation, transmission or distribution of electricity. The maximum penalty for the two offences in section 80(1) and (2) is imprisonment for two years. The term relevant infrastructure vehicle is defined in new section 80(3). Clause 6 provides for the repeal of the Act on the first anniversary of its commencement. The repeal of the Act does not affect the operation of the amendments made by the Act (see section 15(1) of the Interpretation of Legislation Act 1984). 2