Division 5In this Division:licensee means the holder of a distribution network service provider’s licence.
network income of a licensee means the income derived by the licensee from the use of the distribution system of the licensee in the provision of electricity network services.
32B Distribution network service provider’s levy
(1) A licensee must pay to the Treasurer, in respect of each financial year during which the licensee holds a distribution network service provider’s licence, the levy determined in respect of that year by order of the Governor, on the recommendation of the Treasurer, applying to the licensee and published in the Gazette.(2) The Treasurer, in recommending the amount of a levy for a financial year payable by a licensee, must be satisfied that the amount reasonably represents the amount by which the network income (as estimated by the Treasurer) of the licensee in that year is likely to exceed the sum of the amounts (as estimated by the Treasurer) to be:(a) the costs of deriving the income, and(b) the taxes payable in deriving that income, and(c) a reasonable return on the capital of the licensee used in deriving that income,having regard to:(d) the likely consumption of electricity in that financial year by customers (other than customers who are specified or described in an order made under section 43E (6)) who are connected to the licensee’s distribution system, and(e) such other matters as the Treasurer determines after consultation with the licensee.(3) The levy is payable for the financial year commencing on 1 July 1997 and later financial years.(4) Despite the other provisions of this section, no levy is to be determined in respect of the year commencing on 1 July 2001, or any subsequent year, unless the Treasurer, by order published in the Gazette, approves the determination of a levy.(5) An approval of the Treasurer under subsection (4):(a) must be published in the Gazette before the beginning of a year to which it applies, and(b) may apply to one or more years as specified or described in the approval.
(1) The amount of a levy payable by a licensee in respect of a financial year may be varied by order of the Governor applying to the licensee and published in the Gazette.(2) Such an order may be made before or during the financial year concerned or during the following financial year, but not later.(3) The Treasurer, in recommending a variation of a levy for a financial year payable by a licensee, must be satisfied of the matters referred to in section 32B (2).
32D Becoming a licensee during a year
(1) If a person becomes a licensee during a financial year, a levy may be determined under this Division for the licensee in respect of the remaining part of that financial year.(2) The other sections of this Division apply to the licensee in respect of that financial year as if references in those sections to a financial year were references to the remaining part of that financial year.
32E Ceasing to be a licensee during a year
(1) If a person ceases to be a licensee during a financial year, the amount of levy payable by the licensee may be adjusted by order of the Governor, applying to the licensee and published in the Gazette, having regard to the length of the portion of that financial year that the distribution network service provider’s licence was in force.(2) Such a person is entitled to a refund of any money paid in excess of the amount of the levy as so adjusted.(3) However, a person does not, by ceasing to be a licensee, cease to be liable to a levy, or to a variation of a levy under section 32C, in respect of any period during which the person was a licensee.(4) Accordingly, a reference in this Division to a licensee includes a reference to a former licensee, but without making the former licensee liable to a levy in respect of any period after the person ceased to be the holder of a distribution network service provider’s licence.(5) The other sections of this Division apply for the purpose of calculating an adjustment referred to in subsection (1) or a variation referred to in subsection (3) as if references in those sections to a financial year were references to the portion of the financial year during which the distribution network service provider’s licence was in force.
32F Payment and recovery of levy
(1) The levy in respect of a financial year is payable at such times (whether during or after that year) and in such manner as are:(a) determined in the order imposing, varying or adjusting it (subject to any agreement referred to in paragraph (b)), or(b) agreed on between the Treasurer and the licensee under section 182.(2) A levy under this Division is recoverable as a debt due to the Crown in any court of competent jurisdiction.
(1) It is a condition of a distribution network service provider’s licence that the licensee must pay the levy in accordance with this Division.(2) Nothing in this Division affects the operation of section 59B of the Public Finance and Audit Act 1983.