Part 4A Electricity supply by transmission operators to direct customers
In this Division:direct customer of a transmission operator means a person (other than the holder of a distribution network service provider’s licence or a generator but only in so far as the person acts in the capacity of the holder of a distribution network service provider’s licence or a generator):
(a) who is connected to the network otherwise than by means of the distribution system of the holder of a distribution network service provider’s licence, and(b) who is in New South Wales.generator means a person who owns, controls or operates a generator of electricity that supplies electricity to a network.
network income of a transmission operator means the income derived by the transmission operator from the use of the electricity network in the provision of electricity network services by the transmission operator with respect to the supply of electricity to its direct customers.
43G Transmission operator’s levy
(1) A transmission operator must pay to the Treasurer, in respect of each financial year, the levy determined in respect of that year by order of the Governor, on the recommendation of the Treasurer, applying to the transmission operator and published in the Gazette.(2) The Treasurer, in recommending the amount of a levy for a financial year payable by a transmission operator, must be satisfied that the amount reasonably represents the amount by which the network income (as estimated by the Treasurer) of the transmission operator 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 transmission operator used in deriving that income,having regard to:(d) the likely consumption of electricity in that financial year by its direct customers, and(e) such other matters as the Treasurer determines after consultation with the transmission operator.(3) The levy is payable for the financial year commencing on 1 July 1998 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 transmission operator in respect of a financial year may be varied by order of the Governor applying to the transmission operator 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 transmission operator, must be satisfied of the matters referred to in section 43G (2).
43I Becoming a transmission operator during a year
(1) If a person becomes a transmission operator during a financial year, a levy may be determined under this Division for the transmission operator in respect of the remaining part of that financial year.(2) The other sections of this Division apply to the transmission operator 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.
43J Ceasing to be a transmission operator during a year
(1) If a person ceases to be a transmission operator during a financial year, the amount of levy payable by the transmission operator may be adjusted by order of the Governor, applying to the transmission operator and published in the Gazette, having regard to the length of the portion of that financial year during which the person was a transmission operator.(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 transmission operator, cease to be liable to a levy, or to a variation of a levy under section 43H, in respect of any period during which the person was a transmission operator.(4) Accordingly, a reference in this Division to a transmission operator includes a reference to a former transmission operator, but without making the former transmission operator liable to a levy in respect to any period after the person ceased to be a transmission operator.(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 person was a transmission operator.
43K 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 transmission operator.(2) A levy under this Division is recoverable as a debt due to the Crown in any court of competent jurisdiction.
Nothing in this Division affects the operation of section 59B of the Public Finance and Audit Act 1983.
Division 2 Pricing of electricity
In this Division:direct customer of a transmission operator has the same meaning as in Division 1.
electricity network pricing determination means a determination of the transmission network service pricing in accordance with the National Electricity Code for the provision of electricity network services by a transmission operator.
43N Pricing of electricity for direct customers
(1) The price for electricity network services that are the subject of an electricity network pricing determination and that are provided by a transmission operator with respect to the supply of electricity to its direct customers 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 transmission operator is, within such periods as are specified or described from time to time by the Treasurer by notice to the transmission operator 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 its direct customers 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 transmission operator’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 transmission operator by notice published in the Gazette, require supplementary or further information from the transmission operator at any time.
(1) The regulations may make provision for or with respect to phasing in the increase effected by section 43N (1) in relation to any class or classes of persons 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.(2) This Division does not apply to electricity network services:(a) provided to a person under a contract:(i) that was entered into between a transmission operator and a direct customer before the commencement of this section, and(ii) that contains a provision in force before that commencement that expressly precludes payment of additional charges for electricity network services provided under it, or(b) provided to a person under a connection agreement that is entered into between a transmission operator and a person pursuant to an arrangement, being an arrangement:(i) that was entered into between the transmission operator and the person before the commencement of this section, and(ii) that contains a provision that expressly precludes payment of additional charges for electricity services provided under the connection agreement.(3) 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.(4) This Division does not apply in relation to electricity network services provided to persons of a class specified or described in an order made by the Governor on the recommendation of the Treasurer and published in the Gazette.(4A) This Division does not apply to distribution services within the meaning of the National Electricity Code that are regulated under Chapters 6 and 9 of that Code.(5) Nothing in this Division gives rise to any rights that are justiciable by a person to whom electricity network services are provided by a transmission operator or to any grounds that constitute a defence to proceedings for the recovery of any amount from such a person.