Electricity - National Scheme (Tasmania) Act 1999

Electricity - National Scheme (Tasmania) Act 1999

An Act to make provision for the operation of a national electricity market and for related purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Electricity - National Scheme (Tasmania) Act 1999 .

2.   Commencement

[Section 2 Substituted by No. 16 of 2003, s. 43, Applied:29 May 2005] The provisions of this Act commence –

(a) on a day or days to be proclaimed; or

(b) at a time or times to be proclaimed; or

(c) on the occurrence of one or more events to be proclaimed; or

(d) as otherwise proclaimed.

3.   Interpretation

(1)  In this Act –[Section 3 Subsection (1) amended by No. 16 of 2003, s. 44, Applied:29 May 2005] [Section 3 Subsection (1) amended by No. 78 of 2005, s. 27, Applied:15 Dec 2005] [Section 3 Subsection (1) amended by No. 16 of 2003, s. 44, Applied:29 May 2005] [Section 3 Subsection (1) amended by No. 78 of 2005, s. 27, Applied:15 Dec 2005]

National Electricity (Tasmania) Law means the provisions applying because of section 6 ;

National Electricity (Tasmania) Regulations means the provisions applying because of section 7 .

(2)  Words and expressions used in this Act and also in the National Electricity (Tasmania) Law have the same meanings in this Act as they have in that Law.

(3)  Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.

4.   Crown to be bound

This Act, the National Electricity (Tasmania) Law and the National Electricity (Tasmania) Regulations bind the Crown in right of Tasmania and, in so far as the legislative power of Parliament permits, in all its other capacities.

5.   Extraterritorial operation

It is the intention of Parliament that the operation of this Act, the National Electricity (Tasmania) Law and the National Electricity (Tasmania) Regulations should, so far as possible, include operation in relation to the following:

(a) land situated outside Tasmania, whether in or outside Australia;

(b) things situated outside Tasmania, whether in or outside Australia;

(c) acts, transactions and matters done, entered into or occurring outside Tasmania, whether in or outside Australia;

(d) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.

PART 2 - National Electricity (Tasmania) Law and National Electricity (Tasmania) Regulations

6.   Application in Tasmania of National Electricity Law

The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as in force for the time being –

(a) applies as a law of Tasmania; and

(b) as so applying, may be referred to as the National Electricity (Tasmania) Law.

7.   Application in Tasmania of regulations under National Electricity Law

The regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia –

(a) apply as regulations in force for the purposes of the National Electricity (Tasmania) Law; and

(b) as so applying, may be referred to as the National Electricity (Tasmania) Regulations.

8.   Interpretation of expressions in National Electricity (Tasmania) Law and National Electricity (Tasmania) Regulations

(1)  In the National Electricity (Tasmania) Law and the National Electricity (Tasmania) Regulations –

Legislature of this jurisdiction means the Parliament of Tasmania;

Supreme Court means the Supreme Court of Tasmania;

the jurisdiction means the State of Tasmania;

the National Electricity Law means the National Electricity (Tasmania) Law;

this jurisdiction means the State of Tasmania;

this law means the National Electricity (Tasmania) Law.

(2)  The Acts Interpretation Act 1915 , and other Acts, of South Australia do not apply to –

(a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia in its application as a law of Tasmania; or

(b) the regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia in their application as regulations in force for the purposes of the National Electricity Law.

8A.   

PART 3 - Law Applicable to Relevant Declared Electrical Service Price Determination

9.   Interpretation

[Section 9 Substituted by No. 73 of 2007, s. 4, Applied:01 Jan 2008]

(1)  In this Part, unless the contrary intention appears –

Declared Electrical Service Price Determination means the declared electrical service price determination, as amended from time to time, that takes effect on 1 January 2008 and is made by the Regulator under regulation 31 of the Electricity Supply Industry (Price Control) Regulations 2003 in respect of Distribution Services and Retail Services which are declared electrical services within the meaning of those regulations;

jurisdictional laws means –

(a) the Electricity Supply Industry Act 1995 ; and

(b) the Electricity Supply Industry (Price Control) Regulations 2003 ; and

(c) the Tasmanian Electricity Code issued under Division 9 of Part 3 of the Electricity Supply Industry Act 1995 , as amended or substituted from time to time; and

(d) the National Electricity (Tasmania) Law as in force on 1 November 2007; and

(e) the National Electricity Rules as in force on 1 November 2007, other than clause 9.48.4(b) of those Rules;

New National Electricity Rules means the National Electricity Rules as in force at any time –

(a) after the National Electricity (Economic Regulation of Distribution Services) Amendment Rules 2007 made under the National Electricity (Tasmania) Law take effect; or

(b) if the Rules referred to in paragraph (a) are not made, after the taking effect of such other rules made under the National Electricity (Tasmania) Law as are determined by the Minister, by order, for the purposes of this definition;

New National Electricity (Tasmania) Law means the National Electricity (Tasmania) Law as in force at any time after the commencement of the National Electricity (South Australia) (National Electricity Law – Miscellaneous Amendments) Amendment Act 2007 of South Australia;

Regulator means the person holding the office of the Regulator under section 5 of the Electricity Supply Industry Act 1995 ;

regulatory period means the period commencing on 1 January 2008 and ending on 30 June 2012;

relevant declared electrical service price determination means that part of the Declared Electrical Service Price Determination relating to Distribution Services which are a declared electrical service, within the meaning of the Electricity Supply Industry (Price Control) Regulations 2003 ;

[Section 9 Subsection (1) amended by No. 9 of 2012, s. 4, Applied:01 Jul 2012] transfer day means the day on which the functions and powers of the Regulator in respect of the operation, administration and enforcement of the relevant declared electrical service price determination are conferred on the AER by section 16C of the Electricity Supply Industry Act 1995 consequent on the making of an agreement under section 16A , and a notice under section 16B , of that Act.

(2)  An order made for the purposes of the definition of "New National Electricity Rules" in subsection (1) is a statutory rule for the purposes of the Rules Publication Act 1953 .

10.   Law applying to relevant declared electrical service price determination

[Section 10 Inserted by No. 73 of 2007, s. 4, Applied:01 Jan 2008]

(1)  Despite any other provision of this Act, any other Act or any other law, the jurisdictional laws apply to the operation, administration and enforcement of the relevant declared electrical service price determination during the regulatory period to the exclusion of anything to the contrary in the New National Electricity (Tasmania) Law and the New National Electricity Rules.

(2)  The Regulator is responsible for the operation, administration and enforcement of the relevant declared electrical service price determination until (but excluding) the transfer day.

(3)  [Section 10 Subsection (3) amended by No. 9 of 2012, s. 5, Applied:01 Jul 2012] For the purposes of section 16C of the Electricity Supply Industry Act 1995 , the AER is taken to be performing or exercising on the transfer day the functions and powers conferred on it under that section in respect of the operation, administration and enforcement of the relevant declared electrical service price determination.

(4)  On and after the transfer day –

(a) [Section 10 Subsection (4) amended by No. 9 of 2012, s. 5, Applied:01 Jul 2012] any determinations, arrangements, guidelines or requirements made by the Regulator relating to the relevant declared electrical service price determination that were in existence immediately before the transfer day, are taken to have been made by the AER during the regulatory period; and

(b) [Section 10 Subsection (4) amended by No. 9 of 2012, s. 5, Applied:01 Jul 2012] a reference to the Regulator in the relevant declared electrical service price determination, or any other document referred to in paragraph (a) , is taken to be or include a reference to the AER.

(5)  Nothing in this section affects the making, under the New National Electricity (Tasmania) Law and the New National Electricity Rules, of a distribution determination that will take effect after the regulatory period.

PART 4 - Related Matters

11.   Regulation-making power for the National Electricity (Tasmania) Law

[Section 11 Inserted by No. 9 of 2012, s. 6, Applied:01 Jul 2012] The Governor may make such regulations as are contemplated by the National Electricity (Tasmania) Law as being made under this Act as the application Act of this jurisdiction.

12.   Validation of instruments and decisions made by AER

[Section 12 Inserted by No. 9 of 2012, s. 6, Applied:01 Jul 2012]

(1)  This section applies to an instrument or a decision made by the AER if –

(a) the instrument or decision was made –

(i) at or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but

(ii) before the time (the application time) that the National Energy Retail Law first started to apply under the National Energy Retail Law (Tasmania) Act 2012 as a law of Tasmania; and

(b) had the National Energy Retail Law started so to apply, the making of the instrument or decision would have been authorised by one of the following laws (the authorising law):

(i) the National Electricity (Tasmania) Law;

(ii) the National Electricity (Tasmania) Regulations;

(iii) the Rules;

(iv) this Act;

(v) an instrument made or having effect under this Act; and

(c) where the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements), the AER has done all that would, if the National Energy Retail Law had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.

(2)  For the purposes of the authorising law –

(a) the instrument or decision is taken to be valid; and

(b) the instrument or decision has effect from the application time –

(i) as varied, and unless revoked, by any other instrument or decision to which this section applies; and

(ii) subject to that law as so applying.

(3)  For this section –

(a) guidelines are an example of an instrument; and

(b) the following are examples of decisions:

(i) appointments;

(ii) determinations;

(iii) approvals.

13.   Authorisation of preparatory steps by AER

[Section 13 Inserted by No. 9 of 2012, s. 6, Applied:01 Jul 2012]

(1)  This section applies if –

(a) the AER is required to do something (a preparatory step) before making a decision or making an instrument under one of the following (the authorising law):

(i) the National Electricity (Tasmania) Law;

(ii) the National Electricity (Tasmania) Regulations;

(iii) the Rules;

(iv) this Act;

(v) an instrument made or having effect under this Act; and

(b) the AER takes the preparatory step –

(i) at or after the time that the National Energy Retail Law (South Australia) Act 2011 of South Australia was enacted; but

(ii) before the time the National Energy Retail Law first started to apply under the National Energy Retail Law (Tasmania) Act 2012 as a law of Tasmania.

(2)  For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.