(1) Compensation is not payable by or on behalf of the State:(a) because of the enactment, making or operation of any of the following:(i) Part 8A,(ii) the Electricity Supply Amendment (GGAS) Act 2009 or any other Act that amends Part 8A,(iii) any instrument under Part 8A, or(b) because of any consequence of any such enactment, making or operation, or(c) because of any statement or conduct relating to any such enactment, making or operation, or(d) because of any statement or conduct relating to accreditation as an abatement certificate provider under Part 8A or to abatement certificates within the meaning of that Part.(2) This section extends to statements, conduct and any other matter occurring before the commencement of this section.(3) In this section:compensation includes damages or any other form of monetary compensation.
conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.
statement includes a representation of any kind:
(a) whether made verbally or in writing, and(b) whether negligent, false, misleading or otherwise.the State means the Crown within the meaning of the Crown Proceedings Act 1988 or an officer, employee or agent of the Crown.
179 Unauthorised electricity supply arrangements unenforceable
(1) An electricity supply arrangement is unenforceable by any person (other than a retail customer under a customer supply contract) unless, at the time the person entered into the arrangement, the person was authorised by a licence to enter into the arrangement.(2) This section does not apply to an electricity supply arrangement entered into (or taken to have been entered into) under the National Electricity (NSW) Law.
180 One document may serve several purposes
(1) Nothing in this Act prevents a customer connection contract and a customer supply contract from being embodied in a single document.(2) Nothing in this Act or the Gas Supply Act 1996 prevents a contract under this Act and a contract under that Act from being embodied in a single document.
181 Electricity network pricing determinations
An electricity network pricing determination referred to in Division 4 of Part 4 or Division 2 of Part 4A is to be made under the National Electricity Code as if Division 5 of Part 3, Division 4 of Part 4 and Part 4A of this Act had not been enacted.
181A Retail price disclosure and comparison
(1) It is a condition of a retail supplier’s licence that the retail supplier must provide its pricing information in relation to the supply of electricity to and by small retail customers:(a) at a readily accessible location on its website, and(b) to any person on request, and(c) to the Tribunal.(2) The Minister may issue guidelines relating to the kind of pricing information to be provided and the time at which and the manner and form in which that pricing information is to be provided. It is a condition of a retail supplier’s licence that the retail supplier must provide its pricing information in accordance with any such guidelines that the Minister issues to it from time to time.(4) It is a condition of a retail supplier’s licence that the retail supplier, when providing pricing information, must ensure that:(a) the information is accurate and up to date, and(b) the information is provided free of charge, and(5) The Minister is to review this section as soon as possible after 1 July 2013 to determine whether its policy objectives remain valid and whether its terms remain appropriate for securing those objectives. A report on the outcome of the review is to be tabled in each House of Parliament before 1 July 2014.(6) In this section:pricing information means information of a kind (including, but is not limited to, any tariff, charge, fee, benefit, credit, discount, rebate, premium, term or condition) specified in the guidelines issued by the Minister under this section.
182 Agreement with licensed distribution network service providers
The Treasurer, on behalf of the Government, may enter into an agreement in writing with one or more of the licensed distribution network service providers relating to distribution network service providers’ levies and such other matters as the Treasurer determines.
183 Delegation of Minister’s and Electricity Tariff Equalisation Ministerial Corporation’s functions
(1) The Minister may delegate to any eligible person any of the functions conferred or imposed on the Minister by or under this Act, other than this power of delegation.(1A) The Electricity Tariff Equalisation Ministerial Corporation may delegate to any person the exercise of any of its functions, other than this power of delegation.(2) In this section, eligible person means:(a) any public authority, or(b) any person prescribed by the regulations or belonging to a class of persons prescribed by the regulations.
183A Personal liability of authorised officers of network operators
(1) A matter or thing done or omitted to be done by an authorised officer appointed by a network operator does not, if the matter or thing was done or omitted in good faith for the purpose of exercising a function under this Act, subject any such officer personally to any action, liability, claim or demand.(2) However, any such liability attaches instead to the network operator concerned.
184 Directors and managers liable for offences committed by corporations
(1) If a corporation contravenes a provision of this Act or the regulations, each person who:(a) is a director of the corporation, or(b) is concerned in the management of the corporation,is to be treated as having contravened that provision if the person knowingly authorised or permitted the contravention.(2) A person may, under this section, be proceeded against and convicted for a contravention of that provision whether or not the corporation has been proceeded against or convicted for a contravention of that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
(1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.(2) Proceedings for an offence against this Act or the regulations may instead be dealt with summarily before the Supreme Court in its summary jurisdiction.(3) Proceedings for an offence against this Act or the regulations may be instituted at any time within 2 years after the commission of the offence.(4) The maximum monetary penalty that may be imposed by the Local Court in proceedings for an offence against this Act or the regulations is 100 penalty units (in the case of a corporation) and 50 penalty units (in any other case).(5) The maximum penalty that may be imposed by the Supreme Court in proceedings for an offence against this Act or the regulations is the maximum penalty specified by the relevant section of this Act, or relevant clause of the regulations, in respect of the offence.
186 Recovery of fees and penalties
Any fee payable under a condition of a licence or payable under Part 8A or 9, and any monetary penalty imposed by the Minister on the holder of a licence, may be recovered in any court of competent jurisdiction as a debt due to the Crown.
187 Penalty notices for certain offences
(1) An authorised officer or a police officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
188 Recovery of charges by network operators and wholesale or retail suppliers
Any money due to a network operator or a wholesale or retail supplier may be recovered by it as a debt in any court of competent jurisdiction.
189 Application of Act outside local government areas
(1) This Act applies to the unincorporated area as if:(a) references to a local government area were references to the unincorporated area, and(b) references to a local council were references to the Western Lands Commissioner.(2) This Act applies to Lord Howe Island as if:(a) references to a local government area were references to Lord Howe Island, and(b) references to a local council were references to the Lord Howe Island Board.(3) The regulations may exempt the Lord Howe Island Board, and any matter relating to this Act in its application to Lord Howe Island, from the operation of any specified provision of this Act.
190 Provision of information to Minister
(1) The Minister may, by notice in writing, require AEMO to provide to the Minister the information specified in the notice.(2) The Minister may only require information to be provided if satisfied that it is required for the following purposes:(a) notification of circumstances that may result in retailer of last resort arrangements being required to be made,(b) determination of whether to implement any such arrangements,(c) the exercise by the Minister of functions under this Act or the regulations.(3) AEMO must provide information if requested to do so by the Minister in accordance with this section.(4) The Minister must consult with AEMO before disclosing information obtained under this section.
(1) The Governor may make regulations not inconsistent with this Act for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to the following matters:(a) (Repealed)(b) the functions of customer consultative groups,(c) the form and content of standard form customer connection contracts and standard form customer supply contracts,(c1) the procedures for preparing and advertising standard form customer connection contracts and standard form customer supply contracts,(c2) requirements for customer connection contracts,(c3) the obligations of persons who obtain or receive information about customers or prospective customers with respect to the collection, keeping, disclosure or other use of that information and the inclusion of such obligations in customer connection contracts and customer supply contracts,(d) the conditions that may be imposed on licences,(e) the functions of authorised officers,(e1) requirements for the marking or labelling of the point of supply in relation to the premises of wholesale or retail customers,(f) the obligations of an electricity industry ombudsman under an approved electricity industry ombudsman scheme to provide copies of reports to the Minister and to report to the Minister on the operation of the scheme,(f1) facilitating the Government’s social programs for electricity, including:(i) the giving, and enforcement, of directions by the Minister, or agreements, with respect to implementation of any such program in relation to a specified class or specified classes of customers,(ii) the payment and assessment of the costs of giving effect to any such directions,(iii) the publication of directions and agreements,(g) the procedures to be observed by network operators in connection with calling for tenders and the matters in respect of which network operators must call for tenders,(g1) the development and implementation by network operators of plans designed to ensure the safe operation of their transmission or distribution systems (including plans relating to the provision of safe electrical installations for connection to distribution systems),(g2) the development and implementation by network operators of plans designed to ensure that their transmission or distribution systems are adequate for the demand placed on them and that the supply of electricity by those systems is of an appropriate quality and level of reliability,(h) the removal or trimming of trees by distribution network service providers,(h1) information and returns to be provided by benchmark participants under Part 8A and scheme participants under Part 9,(h2) fees for audits and other monitoring or accreditation activities or services provided by the Tribunal or Scheme Administrator under Part 8A or by the Minister, the Scheme Regulator or the Scheme Administrator under Part 9,(i) matters of a savings or transitional nature consequent on the making of an order under section 92,(j) permitting electricity prepayment meters for small retail customers and requirements relating to any such prepayment meters.(1A) Without limiting subsection (1), regulations may be made for or with respect to any of the following matters:(a) the installation, use, maintenance and removal of corrosion protection systems and stray current sources, including but not limited to the following matters:(i) the examination or testing of such systems or sources,(ii) the approval or registration of such systems or sources,(iii) the stamping or labelling of such systems or sources,(iv) standards for such systems or sources,(v) fees for the approval, registration, examination or testing of such systems or sources,(vi) the provision of documents, reports or other information concerning such systems or sources,(b) the keeping by network operators of books, accounts or other records,(c) interference by persons with electrical installations or other electrical equipment,(d) standards for the voltages to be maintained at the terminals of consumers of electricity,(e) safety in connection with the generation, transmission or distribution of electricity,(f) the fees to be charged by network operators for the inspection and testing of an electrical installation,(g) the connection and disconnection of an electrical installation to a supply of electricity,(h) the carrying out of work to remove a danger or to remedy a defect relating to the distribution or transmission of electricity,(i) standards for electrical installations and other equipment used for or in connection with the generation or supply of electricity and for materials used in the manufacture of such equipment, and the adoption of engineering standards for such installations, equipment and materials,(j) the supply of electricity to the distribution network by customers using renewable energy generators, including but not limited to, requiring retail suppliers to acquire such electricity from customers or classes of customers,(k) any additional criteria that may have to be satisfied before a credit can be recorded under section 15A.(2) The regulations may, either unconditionally or subject to conditions, exempt:(a) any specified person or class of persons, or(b) any specified matter or class of matters,from the operation of any one or more of sections 13, 16, 63Y, 63Z and 179.(2A) The regulations may exempt Rail Corporation New South Wales, Transport Infrastructure Development Corporation or Rail Infrastructure Corporation from the operation of any one or more of sections 18, 19, 34, 39, 40 and 89–91 and any mandatory conditions imposed pursuant to clause 6 of Schedule 2.(3) A regulation may create an offence punishable by a penalty not exceeding 250 penalty units (in the case of a corporation) and 100 penalty units (in any other case).(3A) The regulations may apply, adopt or incorporate (with or without modification) any publication as in force at a particular time or from time to time.(3B) A regulation made for the purposes of subsection (1A) prevails over a regulation made under the Local Government Act 1993, to the extent of any inconsistency.(3C) A regulation made for the purposes of subsection (1A) binds the Crown if expressed so to do.(4) Regulations may not be made with respect to any of the matters referred to in subsection (1) (b), (c) or (c1) unless the Minister certifies to the Governor that the Minister has consulted with the Minister for Fair Trading and the Tribunal in connection with those regulations.
(1) The Sydney Electricity Act 1990 is repealed.(2) The following regulations are repealed:(a) Sydney Electricity (Amalgamation of Electricity Distributors) (Transitional) Regulation 1995,(b) Sydney Electricity (Supply) Regulation 1992.
193 Savings, transitional and other provisions
Schedule 6 has effect.
194 Review of solar bonus scheme by Auditor-General
(1) The Auditor-General is to review and report to Parliament on the following aspects of the solar bonus scheme (being the scheme for the payment of electricity supplied to the network by small retail customers using complying generators):(a) the number of small retail customers that have installed and connected complying generators,(b) the costs of the scheme including the total amount credited to small retail customers under the scheme,(c) any other matter that the Auditor-General considers to be relevant.(2) The review is to be undertaken as soon as practicable after the period of 1 year from the commencement of section 15A.(3) The Auditor-General is to report to each House of Parliament on the results of the review conducted by the Auditor-General under this section as soon as practicable after 1 July 2011.(4) If a House of Parliament is not sitting when the Auditor-General seeks to present a report under this Part, the Auditor-General is to present the report to the Clerk of the House concerned.(5) The provisions of section 63C (Documents presented to Clerk of House of Parliament) of the Public Finance and Audit Act 1983 apply in relation to a report presented to a Clerk of a House of Parliament under this section in the same way as they apply to documents presented to a Clerk under that Act.
195 Review of solar bonus scheme by the Minister
(1) The Minister is to review the solar bonus scheme (being the scheme for the payment of electricity supplied to the network by small retail customers using complying generators) to determine whether the policy objectives of the scheme remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after 1 July 2012 or as soon as the Minister becomes aware that the total generating capacity of all complying generators reaches 50 megawatts, whichever occurs first.(3) A report on the outcome of the review is to be tabled in each House of Parliament.