Part 9 Social programs for energy
(1) Any Minister (the sponsoring Minister) may, with the concurrence of the Treasurer, direct a service provider to take such action as the sponsoring Minister considers appropriate to facilitate the delivery of any aspect of the Government’s social programs for energy within the sponsoring Minister’s administrative responsibility.(2) The direction:(a) may specify that particular services are to be provided to particular classes of persons free of charge, at specified charges or subject to specified discounts or rebates, and(b) must specify the amount or a methodology by which that amount may be assessed by the sponsoring Minister as the estimated efficient cost to the service provider of complying with the direction, and(c) may require the service provider to publish the direction in the manner specified in the direction, and(d) must specify arrangements for the payment to the service provider of an amount equivalent to the costs assessed by the sponsoring Minister, as referred to in subclause (b), or, if the service provider disputes that assessment, the costs assessed under clause 76.(3) Before making a direction, the Minister must:(a) consult with the service providers proposed to be made subject to the direction, and(b) give the service providers written notice of the criteria on which the estimated efficient costs of complying with the direction are to be assessed.(4) If a direction is given to a service provider under this clause, it is a condition of the service provider’s licence that the service provider must take the action required by the direction on and from the date the direction takes effect or, if the direction specifies a later date, on and from that later date.
(1) Any Minister (the sponsoring Minister) may, with the concurrence of the Treasurer, direct a supplier to take such action as the sponsoring Minister considers appropriate to facilitate the implementation of any aspect of the Government’s social programs for energy within the sponsoring Minister’s administrative responsibility.(2) The direction:(a) may require specified classes of customers to be supplied with electricity at discounted charges or to be given rebates on the charges paid by them for the supply of electricity, and(b) may require the supplier to establish and maintain facilities to ensure that Government payments that are provided to finance the supply of electricity at discounted charges are applied in accordance with the direction, and(c) may require the supplier to establish and maintain trust accounts in which Government payments that are provided to finance the supply of electricity at discounted charges are to be held pending their application in accordance with the direction, and(d) may require the supplier to furnish the sponsoring Minister with periodic reports as to the supplier’s compliance with the direction, and(e) may require the supplier to establish and maintain accounting procedures to enable such reports to be prepared, and(f) must specify the amount or a methodology by which the amount may be assessed by the sponsoring Minister as the estimated efficient cost to the supplier of complying with the direction, and(g) may require the supplier to publish the direction in the manner specified in the direction, and(h) must specify arrangements for the payment to the supplier of an amount equivalent to the estimated efficient costs assessed by the sponsoring Minister, as referred to in subclause (f), or, if the supplier disputes that assessment, the costs assessed under clause 76.(3) Before making a direction, the Minister must:(a) consult with the suppliers proposed to be made subject to the direction, and(b) give the suppliers written notice of the criteria on which the estimated efficient costs of complying with the direction are to be assessed.(4) If a direction is given to a supplier under this clause, it is a condition of the supplier’s licence that the supplier must take the action required by the direction on and from the date the direction takes effect or, if the direction specifies a later date, on and from that later date.
76 Re-assessment of costs of compliance with direction
(1) Any dispute between a licence holder and a sponsoring Minister by whom a direction has been given under this Part (being a dispute as to the cost to the licence holder of complying with the direction) is to be referred to a committee constituted by one or more assessors.(2) The assessor or assessors to constitute such a committee are to be suitably qualified persons appointed by agreement between the licence holder and the sponsoring Minister or, if no such agreement can be reached:(a) by the Minister administering the Act, or(b) if the Minister administering the Act is the sponsoring Minister, by the Premier.(3) In determining a dispute that has been referred to it under this clause, a committee:(a) must consider any representations made by the parties to the dispute, and(b) must determine, on the basis of those representations and any other information available to it, the amount or a methodology by which the amount may be assessed as the efficient cost to the licence holder of complying with the direction to which the dispute relates.(4) A committee may conduct proceedings under this clause in such manner as it considers appropriate.(5) The committee’s decision on a dispute binds the parties to the dispute, but does not prevent the direction to which it relates from being withdrawn.(6) The committee’s decision as to the efficient costs is taken to be the amount of or the methodology for assessing costs for the purposes of the Minister’s direction and the direction is accordingly varied from the date specified in the decision.(7) A committee may determine 2 or more disputes in the same proceedings if it considers that it is appropriate to do so.
(1) The costs of any proceedings under clause 76, including the costs of the committee, are to be borne by the parties in equal proportions unless the committee determines otherwise.(2) The committee may determine the proportion of the costs to be borne by each of the parties, having regard to the merits of the case, and, in that event, the costs are to be borne by the parties according to the committee’s determination.
Market operations rules may be made for or with respect to the administrative arrangements for delivery of social programs for energy.