Electricity Supply Industry Amendment Act 2003

3.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

4.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

5.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

6.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

7.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

8.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

9.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

10.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

11.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

12.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

13.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

14.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

15.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

16.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

17.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

18.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

19.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

20.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

21.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

22.   

The amendments effected by this Part have been incorporated into authorised versions of the following Acts:

(a) Electricity Supply Industry Act 1995 ;

(b) Trade Practices Act 1974 .

24.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

25.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

26.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

27.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

28.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

29.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

30.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

31.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

32.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

34.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of customer :

customer retail services, in relation to a customer, means –

(a) the sale of electricity to the customer in respect of premises; and

(b) the provision of any prescribed services in respect of premises;

(b) by inserting the following definitions after the definition of Regulator :

retailer means an electricity entity holding a licence authorising the retailing of electricity;

retailer of last resort means a person appointed as retailer of last resort under section 49AA ;

36.   

The amendments effected by this section have been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

37.   

The amendment effected by this section has been incorporated into the authorised version of the Electricity Supply Industry Act 1995 .

38.    Section 25 amended (Licences conferring exclusive retail franchise)

Section 25 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  If an electricity entity has an exclusive right under its licence to sell electricity to non-contestable customers within a particular supply area, the licence is subject to the following conditions:

(a) on request by any person who is, or on the supply of electricity would be, a non-contestable customer, the electricity entity must offer to provide customer retail services to the person at an electrical installation in the area on reasonable terms and conditions;

(b) on compliance by the person referred to in paragraph (a) with the terms and conditions offered by the electricity entity, the electricity entity must provide customer retail services to the person at the relevant electrical installation;

(c) the electricity entity must –

(i) provide the information specified in a written direction of the Regulator to the person (including the Regulator), and in the manner and time, specified in that direction; and

(ii) otherwise comply with that direction.

(b) by omitting from subsection (2) "supply electricity under subsection (1) " and substituting "provide customer retail services to a person under subsection (1)(a) ";

(c) by omitting from subsection (2)(a) "sale of electricity" and substituting "provision of customer retail services";

(d) by omitting from subsection (2)(a) "negotiated contractual arrangements that are not based on the tariff" and substituting "the person entering into a contract under section 40 for the provision of those services that is not based on the tariff";

(e) by omitting from subsection (2)(b) "customer" and substituting "person";

(f) by omitting from subsection (2)(b) "power system" and substituting "distribution network or transmission network";

(g) by omitting subsection (3) and substituting the following subsections:

(3)  Contracts between non-contestable customers and retailers that are not based on the relevant tariff may require the customer to pay for, or contribute towards, the cost of network services.

(4)  A direction referred to in subsection (1)(c)  –

(a) may only require the provision of information if the Regulator is of the opinion that the provision of that information is necessary to promote the development of the retail market in electricity supply; and

(b) may require the electricity entity to do anything that the Regulator considers necessary or convenient for the purpose of facilitating the provision of the information.

(5)  If a customer who was being provided with customer retail services by an electricity entity on the basis of the relevant tariff under this section or otherwise becomes a contestable customer, that customer is to continue to be provided with those services on the basis of that tariff until the first of the following occurs:

(a) the customer enters into a contract with a retailer for the sale of electricity to the customer;

(b) the period of 12 months commencing on the day the customer becomes a contestable customer ends.

39.    Section 39A repealed

Section 39A of the Principal Act is repealed.

40.    Part 3, Division 8A inserted

After section 49 of the Principal Act , the following Division is inserted in Part 3:

Division 8A - Retailer of last resort

49AA.   Retailer of last resort

(1)  A person (who may, but need not be, an electricity entity) may be appointed under the regulations as retailer of last resort.

(2)  The retailer of last resort has the following functions:

(a) the provision of customer retail services to the customers of a retailer in any of the following circumstances:

(i) the retailer's licence under this Act is cancelled or surrendered or expires;

(ii) the retailer is suspended from trading in the National Electricity Market or ceases to be a Market Participant within the meaning of the National Electricity Code;

(iii) the retailer ceases retailing electricity in Tasmania;

(iv) any prescribed circumstances;

(b) any prescribed functions;

(c) any other functions imposed on that electricity entity in accordance with the regulations.

(3)  The retailer of last resort has the prescribed powers and any other powers given to it in accordance with the regulations.

(4)  This section and regulations of a kind contemplated by this section and section 122(2BB) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the Corporations legislation to which Part 1.1A of that Act applies.

41.    Section 122 amended (Regulations)

Section 122 of the Principal Act is amended by omitting subsection (2BB) and substituting the following subsections:

(2BB)  Without limiting subsection (1) , the regulations may provide for all matters relating to the appointment of a retailer of last resort and its functions and powers including –

(a) the establishment of a scheme in respect of the provision of customer retail services to the customers of a retailer in any of the following circumstances:

(i) the retailer's licence under this Act is cancelled or surrendered or expires;

(ii) the retailer is suspended from trading in the National Electricity Market or ceases to be a Market Participant within the meaning of the National Electricity Code;

(iii) the retailer ceases retailing electricity in Tasmania;

(iv) any prescribed circumstances; and

(b) the circumstances when that scheme will operate; and

(c) the customers or class of customer to which the retailer of last resort must provide customer retail services and the period during which it must do so; and

(d) the establishment, application and enforcement of one or more contractual relationships between the retailer of last resort and –

(i) an electricity entity; or

(ii) the customers to which the retailer of last resort must provide customer retail services; or

(iii) another person; and

(e) the terms and conditions of a contractual relationship referred to in paragraph (d) or the manner of determining those terms and conditions; and

(f) the functions and powers of the Regulator in respect of the functions and powers of the retailer of last resort or a scheme referred to in paragraph (a) ; and

(g) the transfer of customers; and

(h) the ending of contracts between a retailer and the customers to which the retailer of last resort must provide customer retail services; and

(i) any other related matter.

(2BC)  Without limiting subsection (1) , the regulations may –

(a) establish, apply and enforce one or more contractual relationships between electricity entities or between an electricity entity and customers; and

(b) provide for the terms and conditions of a contractual relationship referred to in paragraph (a) or the manner of determining those terms and conditions; and

(c) require an electricity entity to develop and publish standard contract terms and conditions that relate to the supply of electricity or the provision of services; and

(d) require an electricity entity to have those standard contract terms and conditions approved in the prescribed manner; and

(e) require an electricity entity to offer to enter into contracts with the same terms and conditions as those standard contract terms and conditions in the circumstances specified in the regulations; and

(f) prohibit an electricity entity from entering into a contract in relation to the supply of electricity or the provision of services if the contract –

(i) does not include prescribed terms and conditions, terms and conditions of a prescribed type or terms and conditions determined by the Regulator; or

(ii) is not on prescribed terms and conditions, terms and conditions of a prescribed type or terms and conditions determined by the Regulator; or

(iii) includes prescribed terms and conditions, terms and conditions of a prescribed type or terms and conditions determined by the Regulator; and

(g) provide that the terms and conditions of a contractual relationship established and applied by the regulations are to be approved in the prescribed manner; and

(h) prescribe the functions and powers of the Regulator in relation to any matter referred to in this subsection; and

(i) provide for any matter relating to a matter referred to in this subsection.

(2BD)  Without limiting subsection (1) , the regulations may provide for –

(a) the effects of a customer becoming a contestable customer; and

(b) the making by the Regulator of determinations that a customer be a contestable customer or a non-contestable customer, regardless of whether or not the customer is a customer, or a customer of a class, prescribed by the regulations to be a contestable customer; and

(c) the power of the Regulator to delegate any functions and powers specified in the regulations with relation to a matter referred to in this subsection; and

(d) any related matter.

(2BE)  If the regulations provide for the making by the Regulator of determinations referred to in subsection (2A)(b) or (2BD)(b)  –

(a) those determinations are not statutory rules for the purposes of the Rules Publication Act 1953 ; and

(b) the Treasurer may not declare such a determination to be subordinate legislation under section 3(2) of the Subordinate Legislation Act 1992 .

42.   

The amendments effected by this Part have been incorporated into the authorised version of the Electricity - National Scheme (Tasmania) Act 1999 .

43.   

The amendments effected by this Part have been incorporated into the authorised version of the Electricity - National Scheme (Tasmania) Act 1999 .

44.   

The amendments effected by this Part have been incorporated into the authorised version of the Electricity - National Scheme (Tasmania) Act 1999 .

45.   

The amendments effected by this Part have been incorporated into the authorised version of the Electricity - National Scheme (Tasmania) Act 1999 .

46.   

The amendments effected by this Part have been incorporated into the authorised version of the Electricity - National Scheme (Tasmania) Act 1999 .