Part 4 Electricity supply in the retail market
(1) The Minister may grant retail suppliers’ licences for the purposes of this Act.(2) Schedule 2 has effect with respect to the granting, variation, transfer and cancellation of retail suppliers’ licences.
33A Endorsements on retail suppliers’ licences
(1) One or more of the following endorsements may be attached by the Minister to a retail supplier’s licence:(a) a standard retail supplier’s endorsement,(b) such other categories of endorsements as the Minister determines.(2) A standard retail supplier’s endorsement consists of:(a) a condition that designates the endorsement as a standard retail supplier’s endorsement in respect of a supply district as referred to in section 33C, and(b) conditions of the kind referred to in sections 34 (7), 36, 39 (1) and (2), 43EF (3), 43ER and 87D, and(c) any other condition imposed by the Minister or the regulations.(3) Other categories of endorsements have such designations and are subject to such conditions as the Minister thinks fit or as are imposed by the regulations.(4) A retail supplier’s licence may have no endorsements, or one or more endorsements, attached to it.(5) An endorsement may be attached to a retail supplier’s licence when the licence is granted or at any later time and may be removed at any time by the Minister.(6) Conditions of an endorsement that are imposed by the Minister may be varied or revoked by the Minister at any time.
(1) Subject to the regulations, the provisions of this Act that apply to the transfer of licences extend to the transfer of endorsements referred to in section 33A.(2) The regulations may make provision for or with respect to the transfer of endorsements between holders of retail suppliers’ licences.(3) When approving the transfer of an endorsement, or of a licence together with an endorsement:(a) the Minister may impose such additional conditions on the licence as the Minister considers appropriate, including conditions imposed for the purpose of ensuring that the transferee will comply with the conditions comprised in the endorsement, and(b) the Minister may impose a condition transferring specified customers or classes of customers, and(c) the Minister may amend a condition describing the supply district of a standard retail supplier by varying the supply district, whether by way of reducing or increasing its size, or may revoke such a condition.(4) Without limitation, the supply district of a standard retail supplier may be varied by the addition of the whole or a part of the supply district of another standard retail supplier or former standard retail supplier.(5) The regulations may make provision for or with respect to the conditions that may be imposed by the Minister under subsection (3).
33C Supply district of standard retail supplier
The supply district of a standard retail supplier is to be described in a condition of the retail supplier’s licence, and may cover either or both of the following:(a) one or more distribution districts,(b) one or more parts of one or more distribution districts.
Division 1A Electricity supply
34 Right to supply of electricity from standard retail supplier for all customers
(1) All persons who own or occupy premises that are within a standard retail supplier’s supply district, and that are connected or have a right under section 15 to apply to be connected to a distribution system, may apply to the standard retail supplier to be supplied with electricity at those premises under a negotiated customer supply contract.(2) Such of those persons as are small retail customers have a right to elect to be supplied with electricity at those premises by the standard retail supplier under a standard form customer supply contract instead of under a negotiated customer supply contract.(3) An application or election may be made by any other person on behalf of the person entitled to make the application or election.(4) If a person who has a right under this section to do so makes an application to a standard retail supplier, the standard retail supplier is under an obligation:(a) to supply electricity to the applicant’s premises under a negotiated customer supply contract or to ensure that electricity is so supplied, or(b) in the case of any customer who is a small retail customer and who elects under this section to be supplied under a standard form customer supply contract, to supply electricity to the customer’s premises under such a contract or to ensure that electricity is so supplied.(5) If a small retail customer who has a right under this section to do so makes an application to a standard retail supplier, the standard retail supplier is under an obligation to arrange, on behalf of the customer, for customer connection services to be provided to the premises concerned.(6) The right that a person has under this section to be supplied electricity to premises is subject to:(a) any provision of this Act or the regulations that authorises the refusal, suspension or discontinuance of the supply of electricity, and(b) the maximum capacity of the connection of the premises to the distribution system.(7) It is a condition of a licence held by a standard retail supplier that the retail supplier must fulfil the obligations imposed on the retail supplier by this section.(8) The regulations may make provision for or with respect to elections referred to in this section, including provisions for or with respect to circumstances in which an election is or may be taken to have occurred.
(1) It is unlawful for a retail supplier:(a) to refuse to supply electricity to any person, or(b) to supply electricity to any person on terms that are less advantageous than those on which the retail supplier supplies electricity to other persons,on the basis that the person uses or supplies alternative forms of energy, uses or supplies energy from alternative sources, or uses or supplies products, processes, designs or services that reduce the demand for energy.(2) It is a condition of a retail supplier’s licence that the retail supplier must not contravene this section.
36 Supply of electricity under standard form customer supply contracts (tariffs and charges)
It is a condition of a licence held by a standard retail supplier that the retail supplier, in imposing tariffs and charges for or in relation to supplying electricity under a standard form customer supply contract, must impose them in accordance with any relevant determination of the Tribunal in force under Division 5.
37 Supply of electricity by retail suppliers
(1) A retail supplier may, but is not required to, supply electricity to the premises of any customer.(2) Without limitation, a standard retail supplier may, but is not required to, supply electricity to the premises of any customer within or outside the standard retail supplier’s supply district.(3) However, this section does not affect any obligation that a retail supplier has as the holder of an endorsement under section 33A (including, for example, the obligations of a standard retail supplier under section 34).
38 Retail suppliers to supply electricity under customer supply contracts
It is a condition of a retail supplier’s licence that the retail supplier must not supply electricity to the premises of a retail customer otherwise than under a customer supply contract.
Division 2 Negotiated customer supply contracts
38A Negotiated customer supply contracts
(1) This section applies to arrangements for the supply of electricity by a retail supplier to the premises of retail customers, other than the supply of electricity under standard form customer supply contracts.(2) An arrangement to which this section applies (a negotiated customer supply contract) may contain such terms as the retail supplier and the customer agree, and the contract is enforceable accordingly.(3) A negotiated customer supply contract must comply with any conditions imposed on the retail supplier by its retail supplier’s licence, but is not unenforceable merely because of any failure to do so.(4) A negotiated customer supply contract must not be inconsistent with the provisions of this Act or the regulations, and is unenforceable to the extent of any such inconsistency, except as provided by subsections (3) and (5).(5) A negotiated customer supply contract with a small retail customer must comply with any requirements prescribed by the regulations for the purposes of this subsection, but is not unenforceable merely because of any failure to do so.(6) It is a condition of a retail supplier’s licence that any negotiated customer supply contract with a small retail customer must comply with any requirements prescribed for the purposes of subsection (5).
Division 3 Standard form customer supply contracts
39 Procedure for making standard form customer supply contracts
(1) It is a condition of a licence held by a standard retail supplier that the standard retail supplier must prepare a standard form customer supply contract to establish the conditions on which it will supply electricity to the premises of small retail customers who elect to be supplied with electricity under standard form customer supply contracts.(2) It is a condition of a licence held by a standard retail supplier that the standard retail supplier must notify any relevant customer consultative group, and must have due regard to its comments, before completing its preparation of a standard form customer supply contract.(3) Different forms of standard form customer supply contracts may be prepared for different classes of small retail customers.(4) Notice of the terms of a standard form customer supply contract must be published in a newspaper circulating throughout the State or in a newspaper circulating throughout the relevant supply district.(5) The particulars to be set out in a notice under this section:(a) must specify the date on or after which the standard form customer supply contract is to take effect, not being a date that is earlier than the first date the notice is published, and(b) must include such other particulars as may be prescribed by the regulations.(6) A notice under this section may be of general application or be limited in its application by reference to specified exceptions or factors.
40 Matters for which standard form customer supply contracts must provide
(1) A standard form customer supply contract must make provision for the following matters:(a) the basis on which charges for or in relation to the supply of electricity to customers are to be calculated or imposed,(b) any security to be provided by customers for payment of any such charges,(c) the standard of service to be provided to customers by the retail supplier,(d) the circumstances under which the supply of electricity to customers may be discontinued,(e) the procedures established by the retail supplier for handling enquiries and complaints made by customers, and resolving disputes with customers, in relation to matters arising under the contract,(f) the estimation of electricity supplied otherwise than through an electricity meter or in circumstances in which an electricity meter fails to operate or fails to operate correctly,(g) the rate at which electricity is taken to have been supplied between consecutive meter readings,(h) such other matters as may be prescribed by the regulations.(2) A standard form customer supply contract:(a) must indicate that this Act and the regulations confer powers, duties, rights and obligations on the retail supplier and the customer, and(b) must briefly describe the nature of those powers, duties, rights and obligations,but is not unenforceable merely because of any failure to do so.(3) A standard form customer supply contract must comply with:(a) any conditions imposed on the retail supplier by its retail supplier’s licence, and(b) any relevant determination of the Tribunal in force under Division 5,but is not unenforceable merely because of any failure to do so.(4) A standard form customer supply contract must not be inconsistent with the provisions of this Act or the regulations, and is unenforceable to the extent of any such inconsistency, except as provided by subsections (2) and (3).
41 Effect of standard form customer supply contracts
(1) Except to the extent to which the regulations otherwise provide, a standard form customer supply contract takes effect:(a) on the first day on which notice of its terms is published in a newspaper under section 39, or(b) on such later day as may be specified for the purpose in the notice.(2) A standard form customer supply contract does not have any effect in respect of any period before the date specified in the relevant notice as the date on or after which the contract is to take effect.(3) On the day on which a customer applies to a standard retail supplier for the supply of electricity under a standard form customer supply contract, the customer and the retail supplier are taken to have entered into an agreement for the provision of electricity on the conditions set out in the relevant standard form customer supply contract, and the contract is enforceable accordingly.
42 Amendment of standard form customer supply contracts
(1) From time to time a standard retail supplier may amend a standard form customer supply contract so as to vary the conditions on which it supplies electricity to small retail customers.(2) This Division applies to and in respect of an amendment of a standard form customer supply contract in the same way as it applies to a standard form customer supply contract.
Division 3A Passing through contributions made to Climate Change Fund
In this Division:Climate Change Fund means the Climate Change Fund established under section 34E of the Energy and Utilities Administration Act 1987.
Fund contribution means any contribution that a distribution network service provider is required to make to the Climate Change Fund by an order made under section 34J of the Energy and Utilities Administration Act 1987.
modification includes addition, exception, omission or substitution.
(1) It is a condition of a retail supplier’s licence that the licensee comply with the requirements specified by this Division or in regulations made for the purposes of this Division.(2) This Division applies to retail customers of retail suppliers.(3) However, this Division does not apply with respect to:(a) any customer supply contract entered into before 6 April 2005 that contains a provision in force before that date that expressly precludes payment of additional charges for the supply of electricity under it, or(b) any other person, matter or thing (or class of person, matter or thing) prescribed by the regulations.(4) A provision of any customer supply contract entered into on or after 6 April 2005 that:(a) expressly precludes the payment of costs of the kind referred to in section 42C (1), or(b) otherwise precludes the payment of additional charges for the supply of electricity under it,is of no force or effect to the extent that it would, but for this subsection, preclude a retail supplier from recovering under this Part costs of the kind referred to in section 42C (1) from the customer.(5) Any Fund contributions recovered under this Part by a retail supplier from customers are to be disregarded for the purposes of applying clause 7 of Determination No 1, 2004 made by the Independent Pricing and Regulatory Tribunal in June 2004 and set out in its report entitled NSW Electricity Regulated Retail Tariffs 2004/05 to 2006/07: Final Report and Determination, (ISBN 1 877049 49 2).(6) Nothing in this Division gives rise to any rights that are justiciable by a customer of a licensee or to any grounds that constitute a defence to proceedings for the recovery of any amount from a customer of a retail supplier.
42C Regulations may make provision for passing through of Fund contributions to retail customers
(1) The regulations may make provision for or with respect to requiring or permitting any retail supplier to recover from its retail customers:(a) if the retail supplier is also a distribution network service provider—the cost of any Fund contributions it has made in its capacity as a distribution network service provider, or(b) if the retail supplier is not a distribution network service provider—the cost of any Fund contributions made by a distribution network service provider that has been passed through to the retail supplier by the provider.(2) Without limiting subsection (1), the regulations may make provision for or with respect to any of the following matters:(a) the conferral or imposition of functions on the Tribunal with respect to the determination of amounts of the kind referred to in subsection (1) that may be recovered by retail suppliers from their retail customers (including applying provisions of Division 5 or the Independent Pricing and Regulatory Tribunal Act 1992 (or both) with such modifications, if any, as may be prescribed),(b) the imposition of conditions on the licences of retail suppliers with respect to the recovery of amounts of the kind referred to in subsection (1),(c) the imposition or inclusion of conditions in customer supply contracts with respect to the recovery of amounts of the kind referred to in subsection (1).
Division 4 Pricing of electricity
In this Division:electricity network pricing determination means a determination of the distribution network service pricing in accordance with the National Electricity Code for the provision of electricity network services by a licensee.
licensee means the holder of a distribution network service provider’s licence.
43B Pricing of electricity for customers other than exempt customers
(1) The price for electricity network services that are the subject of an electricity network pricing determination and that are provided by a licensee with respect to customers (other than customers who are specified or described in an order made under section 43E (6)) is increased by an amount determined by an order made by the Governor on the recommendation of the Treasurer and published in the Gazette that does not exceed 0.550 cents per kilowatt hour of the electricity supplied.(2) An electricity network pricing determination increased in accordance with this section has effect under the National Electricity Code as if the determination included the increase.(3) An electricity network pricing determination that includes an amount determined by an order made as referred to in subsection (1) is not to be further increased in accordance with this section.
(1) A licensee is, within such periods as are specified or described from time to time by the Treasurer by notice to the licensee or by notice published in the Gazette, required to furnish to the Treasurer a return setting out:(a) such information relating to forecast and actual consumption of electricity by customers (other than customers who are specified or described in an order made under section 43E (6)) as is specified or described in such a notice, and(b) such other information as is specified or described in such a notice, being information that is relevant to the licensee’s obligations under this Division.(2) The information in such a return is to be furnished in such manner and form as is specified or described in such a notice.(3) The Treasurer may, by notice to the licensee or by notice published in the Gazette, require supplementary or further information from the licensee at any time.
(1) It is a condition of a distribution network service provider’s licence that the licensee must comply with the requirements of this Division.(2) This Division applies to customers provided with electricity network services under any contract.(3) The regulations may make provision for or with respect to phasing in the increase effected by section 43B (1) in relation to any class or classes of customers, in cases where it is not practicable to ascertain the exact amount of electricity supplied for any period commencing with the commencement of this section.(4) This Division does not apply to electricity network services provided to a customer under a contract that:(a) was entered into before 6 May 1997, and(b) contains a provision in force before that date that expressly precludes payment of additional charges for electricity network services provided under it.(5) This Division does not apply in relation to electricity network services provided during any period specified or described in an order made by the Governor on the recommendation of the Treasurer and published in the Gazette.(6) This Division does not apply in relation to electricity network services provided to customers of a class specified or described in an order made by the Governor on the recommendation of the Treasurer and published in the Gazette.(6A) This Division does not apply to transmission services within the meaning of the National Electricity Code that are regulated under Chapters 6 and 9 of that Code.(7) Nothing in this Division gives rise to any rights that are justiciable by a customer of a licensee or to any grounds that constitute a defence to proceedings for the recovery of any amount from a customer of a licensee.
Division 5 Regulated retail tariffs and regulated retail charges
43EA Referrals for determinations
(1) The Minister may refer to the Tribunal, for investigation and report, the determination of regulated retail tariffs or regulated retail charges, or both.(2) The Tribunal may request the Minister to refer to it, for investigation and report, the determination of regulated retail tariffs or regulated retail charges, or both, under subsection (1).(3) The reference may specify a period within which the Tribunal is to submit a report to the Minister and may require the Tribunal to consider specified matters when making its determination.(4) The Tribunal is to conduct an investigation and make a determination in a report to the Minister in accordance with this Division.(5) If the Minister has given a reference to the Tribunal, the Minister may withdraw or amend the reference at any time before the Minister has received the report from the Tribunal.(6) A report is to include any minority report by a member of the Tribunal who wishes to make such a report.
43EB Tribunal to determine regulated retail tariffs and regulated retail charges
(1) The Tribunal may in a report to the Minister determine regulated retail tariffs or the regulated retail charges, or both, if a referral is made under section 43EA.(2) Before determining regulated retail tariffs or the regulated retail charges, the Tribunal must have regard:(a) to any matter it is required by the reference to consider, and(b) to the effect of the determination on competition in the retail electricity market.(3) A determination of regulated retail tariffs or regulated retail charges may:(a) specify the tariff or charges, or(b) specify the methodology for determining the tariffs or charges.(4) A determination may:(a) apply generally or be limited in its application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.Note. Under section 36, it is a condition of a licence held by a standard retail supplier that the standard retail supplier supply electricity to small retail customers in accordance with any determination in force under this Division.
43EC Publication of regulated retail tariffs and regulated retail charges
(1) A determination of the Tribunal determining regulated retail tariffs or regulated retail charges is to be published in the Gazette by the Minister and takes effect on the day it is so published or on a later day specified in the determination for that purpose.(2) A determination may specify different days for the commencement of different parts of the determination.(3) The determination must be published in the Gazette as soon as practicable after the Minister receives a report from the Tribunal under this Division.
43ED Public inspection of Tribunal reports
(1) As soon as practicable after the Minister receives a report from the Tribunal under this Division, the Minister is to arrange for copies of the report to be made available for public inspection.(2) However, the Minister is not required to release any part of the report that, in the opinion of the Minister or the Tribunal, contains confidential information.
43EE Powers of Tribunal and conduct of investigations
(1) In an investigation, the Tribunal:(a) is to act with as little formality as possible, and(b) may inform itself on any matter in any way it thinks fit and is not bound by the rules of evidence, and(c) may receive information or submissions in the form of oral or written statements, and(d) may consult with such persons as it thinks fit.(2) The Tribunal may, but is not required to, hold hearings or public seminars, conduct workshops and establish working groups and task forces for the purposes of an investigation.(3) The Tribunal must consult with standard retail suppliers in an investigation.(4) If the Tribunal holds hearings, it must give reasonable notice, by advertisement published in a newspaper circulating in the State, of the hearings.(5) The Tribunal may call for written submissions and may specify a time and date by which those submissions must be made. The Tribunal may extend the time for the making of submissions.(6) A hearing may be held in public or in private, at the discretion of the Tribunal, and may be conducted as determined by the Tribunal.
43EF Provision of information, documents and evidence
(1) For the purposes of an investigation and report, the Chairperson of the Tribunal may, by notice in writing served on an officer of a standard retail supplier or any other person, require the officer or person to do any one or more of the following:(a) to send to the Tribunal, on or before a day specified in the notice, a statement setting out such information as is so specified,(b) to send to the Tribunal, on or before a day specified in the notice, such documents as are so specified,(c) to attend a meeting or hearing of the Tribunal to give evidence.(2) If documents are given to the Tribunal under this section, the Tribunal:(a) may take possession of, and make copies of or take extracts from, the documents, and(b) may keep possession of the documents for such period as is necessary for the purposes of the investigation to which they relate, and(c) during that period must permit them to be inspected at all reasonable times by persons who would be entitled to inspect them if they were not in the possession of the Tribunal.(3) It is a condition of a licence held by a standard retail supplier that the standard retail supplier must comply with a requirement made by the Tribunal under this section.
(1) If a person provides information (protected information) to the Tribunal for the purposes of an investigation on the understanding that the information is confidential and will not be divulged, the Tribunal is required to ensure that the information is not divulged by it to any person, except:(a) with the consent of the person who provided the information, or(b) to the extent that the Tribunal is satisfied that the information is not confidential in nature, or(c) to a member or officer of the Tribunal.(2) If the Tribunal is satisfied that protected information provided to the Tribunal by a person needs to be divulged for the purposes of its report, and the exceptions in subsection (1) (a)–(c) are not applicable, the Tribunal may notify the person that the Tribunal proposes to divulge the information in its report after a specified period.(3) After the specified period, and despite subsection (1), the Tribunal may divulge the information in its report.(4) If the Tribunal is satisfied that it is desirable to do so because of the confidential nature of any information provided to it in connection with its functions under this Division, it may give directions prohibiting or restricting the divulging of the information.(5) A person must not contravene a direction given under subsection (4).Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
(6) A reference in this section to information includes information given at a meeting or hearing of the Tribunal and information contained in any documents given to the Tribunal.
(1) A person must not, without reasonable excuse:(a) refuse or fail to comply with a notice served under this Division, or(b) refuse or fail to answer a question that the person is required to answer by the Chairperson at any meeting or hearing before the Tribunal under this Division.(2) It is a reasonable excuse for the purposes of subsection (1) that to comply with the notice or to answer the question might tend to incriminate a natural person or make the person liable to any forfeiture or penalty.(3) A person must not:(a) give to the Tribunal, whether orally or in writing, information that the person knows to be false or misleading in a material particular (unless the person informs the Tribunal of that fact), or(b) at a meeting of or hearing before the Tribunal, give evidence that the person knows to be false or misleading in a material particular.(4) A person must not hinder, obstruct or interfere with the Chairperson or any other member of the Tribunal in the exercise of functions for the purposes of this Division as Chairperson or other member.(5) A person must not take any action that detrimentally affects the employment of another person, or threaten to do so, because that other person has assisted the Tribunal in any investigation.Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
43EI Cabinet documents and proceedings
(1) This Division does not enable the Tribunal:(a) to require any person to give any statement of information or answer any question that relates to confidential proceedings of Cabinet, or(b) to require any person to produce a Cabinet document, or(c) to inspect a Cabinet document.(2) For the purposes of this section, a certificate of the head of The Cabinet Office that any information or question relates to confidential proceedings of Cabinet or that a document is a Cabinet document is conclusive of the matter certified.(3) In this section:Cabinet includes a committee of Cabinet or a subcommittee of such a committee.
Cabinet document means a document that is a restricted document by virtue of clause 1 of Part 1 of Schedule 1 to the Freedom of Information Act 1989.
43EJ Division to cease to have effect
(1) This Division ceases to have effect on 30 June 2004 or on such earlier or later day as may be prescribed by the regulations.Editorial note. This Division ceases to have effect on 30.6.2010. See clause 121A of the Electricity Supply (General) Regulation 2001.(2) Regulations containing provisions of a savings or transitional nature may be made consequent on the operation of subsection (1).
Division 6 Regulated retail tariffs equalisation
The objects of this Division are to provide for the establishment, operation and management of a fund, to be known as the Electricity Tariff Equalisation Fund, so as:(a) to maintain the ability of standard retail suppliers to supply electricity at regulated retail tariffs, and(b) to be transparent in its operation, and(c) to manage the wholesale purchase cost risk borne by standard retail suppliers required to supply electricity at regulated retail tariffs, and(d) to minimise any competitive advantage or disadvantage to those standard retail suppliers resulting from the requirement to supply electricity at regulated retail tariffs.
In this Division:electricity generator means a corporation whose corporate name is listed in Part 1 of Schedule 1 to the Energy Services Corporations Act 1995.
Fund means the Electricity Tariff Equalisation Fund established under section 43EN.
Ministerial Corporation means the Electricity Tariff Equalisation Ministerial Corporation constituted by section 43EM.
rule means a rule approved under section 43EO.
Snowy Hydro Limited means the Snowy Hydro Limited, as referred to in section 4 of the Snowy Hydro Corporatisation Act 1997.
43EM Electricity Tariff Equalisation Ministerial Corporation
(1) There is constituted by this section a corporation with the corporate name of the Electricity Tariff Equalisation Ministerial Corporation.(2) The Ministerial Corporation has the following functions:(a) the function of administering and controlling the Fund,(b) without limiting paragraph (a), the function of administering the rules,(c) the function of requiring the provision of information under sections 43EP and 43EQ,(d) such other functions as are conferred on it by or under this or any other Act.(3) The affairs of the Ministerial Corporation are to be managed by the Treasurer.(4) Any act, matter or thing done in the name of, or on behalf of, the Ministerial Corporation by the Treasurer, or with the authority of the Treasurer, is taken to have been done by the Corporation.(5) The Ministerial Corporation may not enter into a contract or arrangement that enables any of the following persons to carry out any of its functions relating to the Fund:(a) the holder of a retail supplier’s licence,(b) an electricity generator,(c) the holder of a distribution network service provider’s licence,(d) a person or class of persons prescribed by the regulations.(6) The Ministerial Corporation is, for the purposes of any Act, a statutory body representing the Crown.(7) The Ministerial Corporation may arrange for the use of the services of any staff or facilities of any government department or public or local authority.
43EN Electricity Tariff Equalisation Fund
(1) There is established by this section an Electricity Tariff Equalisation Fund.(2) There is payable into the Fund:(a) all money payable to the Fund under the rules, and(b) all interest received in respect of the investment of the Fund, and(c) all money required or permitted to be paid into the Fund by or under this or any other Act.(3) There is payable from the Fund:(a) all money payable from the Fund under the rules, and(b) all money required to meet administrative expenses related to the Fund or the Ministerial Corporation, and(c) all money required or permitted to be paid from the Fund by or under this or any other Act.(4) Despite the Public Authorities (Financial Arrangements) Act 1987, the Fund may not be used to effect a financial adjustment (within the meaning of that Act) related to electricity or the electricity industry.
43EO Rules for payments to and from Fund
(1) The Treasurer, after consulting with the Minister, may approve rules for or with respect to payments to and from the Fund.(2) The rules may make provision for or with respect to the following matters:(a) payments to the Fund by standard retail suppliers,(b) payments to standard retail suppliers from the Fund,(c) payments to the Fund by electricity generators,(d) payments to the Fund by Snowy Hydro Limited,(e) payments to electricity generators from the Fund,(f) payments to the Consolidated Fund from the Fund,(g) payments to standard retail suppliers for reimbursement of costs payable by them under section 87A for audits by the Tribunal under section 87 (1A),(h) the times at which, and manner in which, payments are to be made,(i) the determination of payment amounts,(j) the circumstances in which payments to or from the Fund are to be made by or to standard retail suppliers, electricity generators or the Consolidated Fund, having regard to the following matters:(i) the wholesale costs of electricity to standard retail suppliers,(ii) the level of regulated retail tariffs payable by small retail customers in comparison with those wholesale costs,(iii) the general level of the Fund,(k) matters ancillary to or consequential on the matters set out in paragraphs (a)–(j).(3) For the purposes of the determination of payment amounts and other matters related to the administration of the rules, the rules may require a standard retail supplier or an electricity generator to provide to the Ministerial Corporation information, or access to information.(4) A rule with respect to the payment to the Fund of amounts by Snowy Hydro Limited may provide for the payment of an annual amount, to be deducted from the dividend payable to the eligible Ministers who hold Snowy Hydro Limited shares for and on behalf of the State of New South Wales, before the payment of that dividend to the Consolidated Fund.(5) A rule may make provision for or with respect to a matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or any other publication, whether of the same or of a different kind.(6) A rule may:(a) apply generally or be limited in its application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.(7) The Treasurer, after consulting with the Minister, may from time to time approve amendments to the rules or the revocation of rules.(8) If a rule, or a rule amending or revoking a rule, is approved by the Treasurer:(a) written notice of the approval of the rule must be published in the Gazette, and(b) the rule takes effect on the day on which notice is so published or, if a later day is specified in the rule for commencement, on the later day so specified, and(c) the Ministerial Corporation must give a copy of the rule to each standard retail supplier and electricity generator.(9) A copy of the rules approved under this section, as in force for the time being, is to be published on the Government’s Internet web page.
43EP Obligations of standard retail suppliers
(1) A standard retail supplier must, in accordance with the rules, make payments to the Fund.(2) A standard retail supplier must, in accordance with the rules, provide such information, or access to such information, as is required by the rules.(3) A standard retail supplier must provide such information as is requested by the Ministerial Corporation for the purposes of the administration of the Fund and the rules.(4) A standard retail supplier that refuses or fails to comply with subsection (1), (2) or (3) is guilty of an offence.Maximum penalty: 1,000 penalty units.
(5) A standard retail supplier must not:(a) give information for the purposes of the rules knowing that it is false or misleading in a material particular, or(b) give to the Ministerial Corporation information knowing that it is false or misleading in a material particular.Maximum penalty: 1,000 penalty units.
(6) This section has effect despite the provisions of any other Act or instrument.
43EQ Obligations of electricity generators
(1) An electricity generator must, in accordance with the rules, make payments to the Fund.(2) An electricity generator must, in accordance with the rules, provide such information, or access to such information, as is required by the rules.(3) An electricity generator must provide such information as is requested by the Ministerial Corporation for the purposes of the administration of the Fund and the rules.(4) An electricity generator that refuses or fails to comply with subsection (1), (2) or (3) is guilty of an offence.Maximum penalty: 1,000 penalty units.
(5) An electricity generator must not:(a) give information for the purposes of the rules knowing that it is false or misleading in a material particular, or(b) give to the Ministerial Corporation information knowing that it is false or misleading in a material particular.Maximum penalty: 1,000 penalty units.
(6) This section has effect despite the provisions of any other Act or instrument.
43ER Licence conditions relating to Fund
It is a condition of a licence held by a standard retail supplier that:(a) the standard retail supplier must make payments to the Fund in accordance with the rules, and(b) the standard retail supplier must provide information, or access to information, in accordance with the rules, and(c) the standard retail supplier must provide such information as is requested by the Ministerial Corporation for the purposes of the administration of the Fund and the rules applying to payments to and from that Fund.
43ES Division to cease to have effect
(1) This Division ceases to have effect on 30 June 2004 or on such earlier or later day as may be prescribed by the regulations.Editorial note. This Division ceases to have effect on 30.6.2010. See clause 121A of the Electricity Supply (General) Regulation 2001.(2) Regulations containing provisions of a savings or transitional nature may be made consequent on the operation of subsection (1).