Division 1 Regulatory functions of Tribunal
77 Regulatory functions of Tribunal
(1) The regulatory functions of the Tribunal under this Act are:(a) the function of making recommendations under subsection (2), and(b) the function of monitoring and reporting under section 87, and(c) the function of imposing monetary penalties, or requiring other action to be taken, under clause 8A of Schedule 2, and(d) such other functions of the Tribunal under this Act as are specified by the regulations for the purposes of this section.(2) The Tribunal has the function of making recommendations to the Minister for or with respect to:(a) the granting, variation, transfer or cancellation of a licence, and(b) the imposition, variation or cancellation of conditions in relation to a licence or an endorsement attached to a licence, and(c) action to be taken, and sanctions to be applied, in respect of a contravention of the conditions of a licence or an endorsement attached to a licence, and(d) any remedial action that may be warranted as a result of a contravention of the conditions of a licence or an endorsement attached to a licence.(3) Part 4B of the Independent Pricing and Regulatory Tribunal Act 1992 applies in relation to the Tribunal’s regulatory functions under this Act.
Division 2 Distribution districts
83 Distribution districts of distribution network service providers
(1) Each distribution network service provider listed in Schedule 3 has a distribution district comprising the local government areas, or parts of local government areas, described in that Schedule.(2) The boundaries of a distribution network service provider’s distribution district are unaffected by any change in the boundaries of a local government area and, for that purpose, the boundaries of the local government area are taken to remain the same as they were when the reference to the local government area was included in Schedule 3.(3) A reference in Schedule 3 to a part of a local government area is (if that part is not described in that Schedule) a reference to such part of the local government area as is described by the regulations for the purposes of that reference.
84 Variation of distribution districts
(1) The Governor may, by regulation, amend Schedule 3 so as:(a) to vary the boundaries of an existing distribution network service provider’s distribution district, or(b) to include the boundaries of the distribution district of an additional distribution network service provider.(2) The regulations may contain provisions of a savings or transitional nature consequent on the variation or inclusion of any such boundaries.(3) Any such provision may, if the regulations so provide, take effect from the day on which the variation or inclusion of boundaries occurs or a later day.(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
85 Transfer of staff, assets, rights and liabilities
(1) The Minister may direct, by order in writing, that any specified staff, assets, rights or liabilities of a distribution network service provider whose distribution district is varied be transferred to such other distribution network service provider as is specified in the order.(2) Such an order may be made on such terms and conditions as are specified in the order.(3) Schedule 4 applies to the transfer of staff, assets, rights or liabilities under this section.
87 Licence auditing functions of Tribunal
(1) The functions of the Tribunal under this Division are to monitor, and report to the Minister on, the extent to which distribution network service providers and retail suppliers comply, or fail to comply, with the conditions imposed on the licences held by them and the endorsements attached to licences held by them.(1A) Without limiting subsection (1), the Tribunal must, if requested by the Treasurer, monitor and report to the Minister and the Treasurer on the extent to which standard retail suppliers or a specified standard retail supplier comply, or fail to comply, with the conditions set out in section 43ER.(1B) The Tribunal must prepare and forward to the Treasurer and the Minister a report requested under subsection (1A) within the period specified in the request.(2) For the purpose of enabling the Tribunal to exercise its functions, the Minister must furnish the Tribunal with such information in the possession of the Minister as the Tribunal may request in relation to the compliance by distribution network service providers and retail suppliers with the conditions imposed on the licences held by them and the endorsements attached to licences held by them.(3) This section does not apply to a condition referred to in section 32G or 43E.
(1) Each holder of a licence is required to pay to the Treasurer the cost (as certified by the Tribunal) involved in and in connection with carrying out the Tribunal’s functions under section 87 in relation to the holder of the licence.(2) Without limitation, a licence may include terms and conditions relating to the determination of the cost of carrying out those functions.
87B Provision and maintenance of information, documents and evidence
(1) For the purposes of monitoring and reporting under section 87 (1A) and (1B), 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 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 those purposes, 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) For the purposes of monitoring and reporting under section 87, the Chairperson of the Tribunal may, by notice in writing served on the holder of a licence, require that person:(a) to keep specified records including any documents specified in the notice, and(b) to furnish specified information to the Tribunal.(4) Nothing in subsection (3) limits the powers of the Tribunal under subsection (1).
(1) A person must not, without reasonable excuse:(a) refuse or fail to comply with a notice served under section 87B, or(b) refuse or fail to answer a question that the person is required to answer by the Chairperson at any meeting of the Tribunal under section 87B.(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 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 section 87 (1A) or (1B) or 87B 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.
It is a condition of a licence held by a standard retail supplier that the standard retail supplier must comply with section 87C.
(1) As soon as practicable after 30 June (but on or before 31 October) in each year, the Tribunal must prepare and forward to the Minister a report on the extent to which distribution network service providers and retail suppliers have complied, or failed to comply, with the conditions imposed on the licences held by them and the endorsements attached to licences held by them during the 12 months ending on 30 June in that year.(2) The Minister must lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.
Division 4 Customer consultative groups
89 Appointment of customer consultative groups
(1) A distribution network service provider must appoint at least one customer consultative group to act as a forum for consultation between the distribution network service provider and its customers.(2) A standard retail supplier must appoint at least one customer consultative group to act as a forum for consultation between the retail supplier and its customers.(3) (Repealed)
90 Constitution of customer consultative groups
(1) Except to the extent to which the regulations otherwise provide, a customer consultative group must include members representing each of the following sections of the community:(a) consumer groups,(b) low-income households,(c) persons living in rural and remote areas,(d) domestic customers,(e) industrial and commercial customers.(2) Except to the extent to which the regulations otherwise provide, a customer consultative group must meet at least twice a year.(3) In all other respects, the constitution and procedure of a customer consultative group are to be as determined by the regulations.
91 Functions of customer consultative groups
(1) A customer consultative group has such functions as are conferred or imposed on it by this Act or the regulations.(2) Except to the extent to which the regulations otherwise provide, the function of a customer consultative group appointed by a distribution network service provider is to provide information and advice on the following matters to the service provider:(a) the form and content of the service provider’s standard form customer connection contracts, and any amendments to those contracts,(b) the effect on retail customers within its distribution district of any proposed changes in the way in which the service provider operates,(c) any improvements in the way in which the service provider operates that the customer consultative group believes would benefit retail customers within its distribution district,(d) such other matters as the service provider and the customer consultative group agree should be the subject of such advice.(3) Except to the extent to which the regulations otherwise provide, the function of a customer consultative group appointed by a standard retail supplier is to provide information and advice on the following matters to the retail supplier:(a) the form and content of the retail supplier’s standard form customer supply contracts, and any amendments to those contracts,(b) the effect on retail customers within its supply district of any proposed changes in the way in which the retail supplier operates,(c) any improvements in the way in which the retail supplier operates that the customer consultative group believes would benefit retail customers within its supply district,(d) such other matters as the retail supplier and the customer consultative group agree should be the subject of such advice.
(1) For the purposes of this Act, a small retail customer is:(a) a person who consumes or is expected to consume electricity at premises at a rate that is less than the prescribed rate, determined in accordance with any relevant provisions of the regulations, or(b) a person who consumes or is expected to consume electricity at premises used for a purpose prescribed by the regulations, or(c) a person who is treated in accordance with any relevant provisions of the regulations as a small retail customer, even though the person is not a person described in paragraph (a) or (b).(2) The regulations may make provision for or with respect to determining whether or not a person consumes or is expected to consume electricity at a rate that is less than the prescribed rate for the purposes of subsection (1) (a).(3) The regulations may make provision for or with respect to:(a) treating a person who consumes or may consume electricity at a rate that is the prescribed rate per year or more, or(b) treating a person who consumes or may consume electricity at premises used for a purpose referred to in subsection (1) (b),as a small retail customer.(4) Subject to the regulations, this section applies separately in relation to each premises at which a person consumes or is expected to consume electricity.(5) Without limiting any other provision of this section, a regulation made for the purposes of this section may apply to a person only in respect of the consumption of electricity at certain premises (in which case the regulation does not apply to that person in respect of the person’s consumption of electricity at other premises).(6) In this Act, a reference to a small retail customer extends only to the supply of electricity to premises in relation to which the person is such a customer and does not extend to the supply of electricity to any other premises for which the person is not a small retail customer.(7) In this section:prescribed rate means the rate, expressed as a number of megawatt hours (MWh) per year or in any other manner, specified in the regulations.
(1) The Minister may, by order published in the Gazette, declare any specified electricity power lines and associated equipment and electricity structures to be a transmission system for the purposes of this Act.(2) An order under this section takes effect on the day on which it is published in the Gazette or on such later day as is specified in the order.
(1) A network operator or retail supplier may, in accordance with any guidelines in force under this section, appoint authorised officers for the purposes of this Act.(2) An authorised officer appointed by a network operator has such of the functions of the network operator by which he or she is appointed as are specified in the authorised officer’s instrument of appointment.(3) An authorised officer appointed by a distribution network service provider may exercise those functions only within the distribution district of the distribution network service provider by which he or she is appointed.(3A) If a distribution network service provider does not have a distribution district, an authorised officer appointed by the distribution network service provider may exercise those functions only on land that is occupied by the distribution network service provider’s distribution system and on land on which premises connected to that distribution system are situated.(3B) An authorised officer appointed by a retail supplier:(a) has the functions of an authorised officer under this Act specified in the authorised officer’s instrument of appointment, and(b) may exercise those functions only with respect to the premises of customers of the retail supplier.(4) The Minister may, by order published in the Gazette, establish guidelines for the appointment of authorised officers.(5) An order under this section takes effect on the day on which it is published in the Gazette or on such later day as is specified in the order.