Electricity Act 1994 (Qld)
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No judgment structure available for this case.
Electricity Act 1994
An Act about the electricity industry and use of electricity, and for related purposes
Chapter 1 Preliminary
Part 1 Introductory provisions
1 Short title
This Act may be cited as the Electricity Act 1994.
Part 2 Objects of Act
3 Objects of Act
The objects of this Act are to—(a)set a framework for all electricity industry participants that promotes efficient, economical and environmentally sound electricity supply and use; and(b)regulate the electricity industry and electricity use; and(c)establish a competitive electricity market in line with the national electricity industry reform process; and(d)ensure that the interests of customers are protected; and(e)take into account national competition policy requirements.
Part 3 Dictionary
4 Definitions—the dictionary
The dictionary in schedule 5 defines particular words used in this Act.
4A [Repealed]
Part 4 Some basic concepts of electricity industry operations
5 Electricity
Electricity includes electric current, electrical energy and like or related physical qualities.
6 Transmission grid
(1)A transmission grid is a system, or part of a system, of electric lines, substations and associated equipment providing connection between generation facilities and supply networks or customers not supplied through supply networks.(2)A transmission grid includes connections to other transmission grids.
7 Regional system control
For the Queensland system, regional system control is—(a)maintaining the operation and performance of the transmission grid; and(b)controlling switching of transmission elements and access to them for maintenance, inspection and testing; and(c)controlling switching of parts of the supply network relevant to the integrity of the Queensland system; and(d)carrying out other functions prescribed by regulation.
8 Supply network
A supply network is a system, or part of a system, of electric lines, substations and associated equipment, other than a transmission grid, for distributing electricity to customers, whether or not generating plant is connected to it.
9 Network control
For a supply network, network control is—(a)coordinating the operation of the supply network and any generators connected to it; or(b)coordinating maintenance programs and schedules for generating plant and elements of the supply network; or(c)ensuring the integrity of the supply network; or(d)controlling switching of elements of the supply network and access to them, including disconnection of load, for maintenance, inspection and testing; or(e)issuing directions for, and implementing reductions in, demand of customers supplied by the supply network in emergencies when available electricity is limited; or(f)scheduling and controlling the switching of controllable load.
10 Network services
Network services are services for electricity transfer provided by transmission entities and distribution entities to persons connected to a transmission grid or supply network.Examples of network services—
1providing electricity transfer capacity2controlling and regulating the characteristics of electricity being transferred3providing facilities to connect works of generation entities, transmission entities, distribution entities, or electrical installations of customers, to a transmission grid or supply network
11 Ancillary services
Ancillary services are services provided by electricity entities or customers through the operation of their works or installations in ways that are not directly related to the generation and supply of electricity, but are to ensure the stable and secure operation of an electricity system, and its recovery from emergency situations.Examples of ancillary services—
1providing reserve to the system, including through interruptibility of load2operating generating and other plant to ensure the stable and secure operation of the system3maintaining an ability to restore supply to the system after total failure of supply
12 Works, substations and operating works
(1)Works are anything used for, or in association with, the generation, transmission or supply of electricity.Example of works—
electric lines and associated equipment, apparatus, electrical equipment, buildings, control cables, engines, fittings, lamps, machinery, meters, substations and transformers if they are used for, or in association with, the generation, transmission or supply of, electricity(2)A substation is works used for converting, transforming or controlling electricity.(3)Operating works are—(a)for a generation entity—the generating plant (including battery storage devices), fuel stocks, electrical and other property (including reactive power compensation devices) used for generating electricity or connecting supply to a transmission grid or supply network; or(b)for a transmission entity—the transmission grid and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the transmission grid; or(c)for a distribution entity—the supply network and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the supply network.Example of other property used for generating electricity—
coal handling facilities for a coal-fired power station and the land where they are situated(4)In this section—battery storage device—(a)means plant that—(i)converts electricity into stored chemical energy; and(ii)releases stored chemical energy as electricity; andExamples—
•an electrochemical battery, including a lithium-ion battery and a vanadium redox flow battery•a solid-state battery, including a lithium-metal battery(b)includes any equipment necessary for the operation of the plant.reactive power compensation device means a device primarily designed to regulate reactive power in an electrical system.Example—
a synchronous condenser
13 Meaning of electrical equipment
(1)Electrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire—(a)used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage; or(b)operated by electricity at a voltage greater than extra low voltage; or(c)that is, or that forms part of, a cathodic protection system.(2)However, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire forming part of a vehicle if—(a)it forms part of a unit of the vehicle that provides propulsion for the vehicle; or(b)its source of electricity is a unit of the vehicle that provides propulsion for the vehicle.Examples of things that, under subsection (2), are not electrical equipment—
•the headlights of a vehicle•ignition spark plugs of a motor vehicle•the interior lighting system of a vehicle, if powered from a battery charged by the engine that drives the vehicle or by the vehicle’s movementExamples of things that are not prevented by subsection (2) from being electrical equipment—
•interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated by a low voltage generating set or connected to low voltage supply•a refrigeration unit in a food delivery vehicle operating at low voltage from a source separate from the propulsion unit for the vehicle
14 Meaning of electrical installation
(1)An electrical installation is a group of items of electrical equipment.(2)However, a group of items of electrical equipment is an electrical installation only if—(a)all the items are permanently electrically connected together; and(b)the items do not include items that are works; and(c)electricity can be supplied to the group from works or from a generating source.(3)An item of electrical equipment can be part of more than 1 electrical installation.(4)For subsection (2)(a)—(a)an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and(b)connection achieved through using works must not be taken into consideration for deciding whether items of electrical equipment are electrically connected.Examples of an electrical installation under this section—
•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shop in a shopping centre•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a house or residential unit•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shopping centre. The electrical installation for the shopping centre generally includes the electrical installations for the individual shops•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a residential unit complex. The electrical installation for the residential unit complex generally includes the electrical installations for the individual residential units•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected within a caravan
15 Meaning of electric line
(1)An electric line is a wire or conductor or associated equipment used for transmitting, transforming, or supplying electricity at a voltage greater than extra low voltage.(2)However, an electric line does not include—(a)a wire or conductor directly used in converting electricity into another form of energy; or(b)a wire or conductor within the internal structure of a building.Examples of things that are not electric lines—
•a cord for connecting an air-conditioning unit, computer, lamp, television or toaster to a supply of electricity•a power or lighting circuit within a building
16 Meaning of associated equipment for electric line
Associated equipment, for an electric line, means something ordinarily found in association with the electric line, especially for the purpose of protecting, insulating or supporting, or supporting the operation of, the electric line.Examples of associated equipment—
•a bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower or tube enclosing, surrounding or supporting a wire or conductor•an air break, circuit breaker, switch, transformer or other apparatus connected to a wire or conductor
16A Meaning of meter
A meter is a device, including any associated equipment, used for measuring electricity.
17 Voltage
(1)Voltage is the difference in electrical potential measured in volts.(2)For alternating current systems, voltage is taken to be the root mean square (RMS) value of the difference.(3)Unless otherwise provided, voltage is the nominal voltage between phases of a symmetrical 3-phase system.(4)For electricity supplied from a single wire earth return system originating from a symmetrical 3-phase system, voltage is the nominal voltage between phase and earth.
Part 5 Operation of Act
18 Application of Act to government entities
(1)In this section—government entity includes—(a)the State, the Commonwealth or another State; or(b)an instrumentality or agent of the State, the Commonwealth or another State.(2)This Act binds a government entity only—(a)to the extent that the entity is, or has a financial interest in, an electricity entity; or(b)to the extent that the entity is a customer; or(c)in relation to electricity restriction and rationing; or(d)in relation to sections 287 and 287A.
18A Declaration for Commonwealth Act
The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth)—(a)a distribution authority;(b)a generation authority;(c)a special approval;(d)a transmission authority.
19 Act subject to certain laws
(1)This Act is subject to the Gladstone Power Station Agreement Act 1993.(2)This Act is also subject to the Wet Tropics World Heritage Protection and Management Act 1993, section 56.Note—
The Wet Tropics World Heritage Protection and Management Act 1993, section 56 prohibits certain acts (for example, destruction of forest products) without an appropriate authority.
Part 6 Exemptions from Act
Division 1 On-suppliers
Subdivision 1 Preliminary
20 Definitions for div 1
In this division—accounting period ...common area ...common area consumption ...first accounting period ...on-supplier means a person who—(a)is the owner or occupier of premises or has the right to use premises; and(b)supplies electricity for use in the premises.Examples of persons under paragraph (a)—
•an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre•a relevant body corporateon-supplier’s premises, for a person who is an on-supplier, means the premises for which the person is an on-supplier.on-supply agreement ...receiver means a person who owns, occupies or has the right to use premises and to whom electricity is supplied by an on-supplier for the premises.
Subdivision 2 Exemptions
20A Exemptions for on-suppliers
If an on-supplier complies with subdivisions 5 and 7, the on-supplier is exempted from section 88A.
Subdivision 3 [Repealed]
20B [Repealed]
20C [Repealed]
Subdivision 4 [Repealed]
20D [Repealed]
20E [Repealed]
20F [Repealed]
20G [Repealed]
Subdivision 5 Individual metering
20H Individual metering option
(1)A receiver may, at any time—(a)elect, by written notice given to the relevant on-supplier, to have the receiver’s consumption of electricity supplied from the on-supplier measured by a meter; and(b)have the meter installed, at the receiver’s expense.(2)However, the election has effect only if the installation is done in a way—(a)that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or(b)if no written directions are given within the 5 business days—that is reasonable.(3)In deciding what is reasonable for subsection (2), regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises.
20I Compensation for installation damage
(1)This section applies if—(a)a receiver has, under section 20H, given an on-supplier a written notice of election; and(b)the receiver installs a meter for electricity supplied from the on-supplier to the receiver; and(c)either—(i)no written direction was given by the on-supplier under section 20H; or(ii)the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or(iii)the installation was not done in a way that is reasonable; and(d)a person as follows (the claimant) suffers damage to property because of the installation—(i)the on-supplier;(ii)anyone who is an occupier of the on-supplier’s premises.(2)Compensation for the damage is payable by the receiver to the claimant.(3)The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction.(4)A court may order payment of the compensation only if it is just to make the order in the circumstances of the particular case.(5)In making the order the court must have regard to—(a)whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and(b)if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.(6)This section does not limit a civil right or remedy that exists apart from this section, whether at common law or otherwise.
20J [Repealed]
Subdivision 6 [Repealed]
20K [Repealed]
20L [Repealed]
20M [Repealed]
20N [Repealed]
Subdivision 7 On-suppliers who operate a private network
20O National Electricity Rules exemption required
An on-supplier must be exempt from the requirement under the National Electricity Rules, clause 2.5, to be registered as a network service provider if the on-supplier—(a)operates a supply network located solely within the on-supplier’s premises; and(b)supplies electricity using the network.
Division 2 Other exemptions
20P Exemption for connection of generating plant not supplying electricity to transmission grid or supply network
Section 87 does not apply to the connection of a stand-by generating plant to a transmission grid or supply network if—(a)the connection is only when the operation of the plant is tested; and(b)electricity is not supplied by the plant into the grid or network.
20Q Exemptions for rail government entities, railway managers and their related bodies corporate
(1)A rail government entity is exempted from section 88A in relation to the supply of electricity to Airtrain Citylink Limited ACN 066 543 315 for electricity used—(a)in connection with the building or use of electrical installations and other works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or(b)for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link.(2)The railway manager that operates the nominated network and related bodies corporate of that railway manager are exempted from section 88A in relation to the supply of electricity to a third party access holder for electricity used by the third party access holder—(a)in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or(b)for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.(3)Subsection (4) applies if electricity is—(a)supplied—(i)by a rail government entity to a relevant railway manager; or(ii)by a relevant railway manager to a rail government entity; and(b)used—(i)in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or(ii)for powering electric rolling stock and railway signals on rail transport infrastructure.(4)Each of the following is exempted from section 88A in relation to the supply of the electricity—(a)the rail government entity mentioned in subsection (3)(a)(i);(b)the relevant railway manager mentioned in subsection (3)(a)(ii).(5)In this section—Airtrain Citylink Limited includes its successors and assigns.Brisbane Airport Rail Link means the proposed railway shown on CMPS&F Pty Limited drawing no. RQ0159-C029(F)—(a)starting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point); and(b)finishing at the domestic terminal of Brisbane Airport.Editor’s note—
A copy of the drawing is available for inspection at the offices of the Department of Transport and Main Roads, Level 12, Capital Hill Building, 85 George Street, Brisbane.rail government entity see the Transport Infrastructure Act 1994, schedule 6.railway manager see the Transport Infrastructure Act 1994, schedule 6.related body corporate has the meaning given in the Corporations Act.relevant railway manager, in relation to a rail government entity, means—(a)a railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or(b)a related body corporate of a railway manager mentioned in paragraph (a).Note—
A relevant railway manager may be a rail government entity.third party access holder means a person who, under an arrangement with a railway manager or a related body corporate of the railway manager, is entitled to access and use a nominated part of its rail transport infrastructure (the nominated network).
20QA Exemptions for light rail franchisee and light rail manager
(1)A light rail franchisee for a light rail franchise agreement, or a light rail manager for a light rail, is exempted from section 88A in relation to the supply of electricity used—
(a)in connection with the building or use of electrical installations and other works required under a light rail franchise agreement; or(b)for powering rolling stock and railway signals for a light rail.(2)In this section—light rail franchisee means a franchisee for a light rail franchise agreement under the Transport Infrastructure Act 1994, schedule 6.
20R Regulation may exempt person or thing from Act
(1)If the Governor in Council considers it necessary because of an emergency or other extraordinary circumstances, a regulation may—(a)exempt a person or thing from this Act or a provision of this Act; and(b)impose conditions on the exemption; and(c)provide that the exemption ceases or continues if a condition of the exemption is contravened.(2)The regulation expires 6 months after it commences, unless it is earlier repealed.(3)A person must not contravene a condition of an exemption applying to the person.Maximum penalty for subsection (3)—50 penalty units.
Chapter 2 The electricity industry
Part 1 Electricity industry and entities
21 Electricity industry
The electricity industry is the industry involved in generating, transmitting, supplying and selling electricity in the State.
22 Electricity entities
(1)An electricity entity is an entity that is a participant in the electricity industry.(2)The following entities are the participants in the electricity industry—(a)generation entities;(b)transmission entities;(c)distribution entities.
Part 2 Customers
23 Customers and their types
(1)A customer is a person who is a customer under the NERL (Qld), section 5(1).(2)A large customer is a person who is a large customer under the NERL (Qld), section 5(3).(3)A small customer is a person who is a small customer under the NERL (Qld), section 5(2).(4)An excluded customer is a small customer whose premises are connected, or to be connected, to a distribution entity’s supply network that is not connected to the national grid.
23A [Repealed]
24 Customers authorised to take electricity from transmission grid or supply network
If an electricity entity may provide electricity from a transmission grid or supply network to a customer, the customer is taken to be authorised to take electricity from the grid or network.
Part 3 Generation entities and their authorities
25 Generation entities
A generation entity is a person who holds a generation authority.
26 Generation authorities
(1)A generation authority authorises its holder to connect the generating plant stated in the authority to the transmission grid or supply network stated in the authority.(2)However, a generation authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of generating plant.
27 Conditions of generation authority
A generation authority is subject to the following conditions—(a)the generation entity must provide electricity of a quality suitable for the transmission grid or supply network stated in the authority;(b)the generation entity must comply with—(i)the technical conditions of connection to a transmission grid or supply network stated in the authority or prescribed under the regulations; and(ii)if the entity is a Registered participant—the National Electricity Rules; and(iii)if the entity is connected to the Queensland system—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and(iv)conditions imposed under the regulations; and(v)the condition stated in section 28; and(vi)conditions stated in the authority;(c)the generation entity must properly take into account the environmental effects of its activities under the authority;(d)the generation entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions.
28 Additional condition to comply with protocols, standards and codes
It is also a condition of a generation authority that the generation entity must comply with all protocols, standards and codes applying to the entity under this Act.
Part 4 Transmission entities and their authorities
29 Transmission entities
A transmission entity is a person who holds a transmission authority.
30 Transmission authorities
(1)A transmission authority authorises its holder—(a)to operate the transmission grid stated in the authority; and(b)if stated in the authority—to connect the transmission grid to another transmission grid stated in the authority.(2)However, a transmission authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of a transmission grid.
31 Conditions of transmission authority
(1)A transmission authority is subject to the following conditions—(a)the transmission entity must comply with—(i)the technical conditions of operating the transmission grid stated in the authority or prescribed under the regulations; and(ii)if the entity is a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and(iii)the conditions stated in sections 32, 33, 34, 35 and 36; and(iv)conditions imposed under the regulations; and(v)conditions stated in the authority;(b)the transmission entity must properly take into account the environmental effects of its activities under the authority;(c)the transmission entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions;(d)if the transmission entity is a regulated transmission system operator—the entity must also pay an annual fee that is a proportion of the cost of the State’s funding commitments to national energy market regulation.(2)The fee mentioned in subsection (1)(d) for a transmission entity is calculated based on the length of the electric lines making up the transmission grid operated by the entity.(3)In this section—AEMC has the meaning given in the National Electricity (Queensland) Law.national energy market regulation means the functions and powers of the AEMC under the National Electricity (Queensland) Law, section 29.regulated transmission system operator has the meaning given in the National Electricity (Queensland) Law.
32 Additional condition to allow connection to grid by complying persons
(1)It is also a condition of a transmission authority that the transmission entity must allow, as far as technically and economically practicable, a person to connect supply to a transmission grid stated in the authority, or take electricity from the grid, on fair and reasonable terms if the conditions stated in subsection (2) are satisfied.(2)The conditions to be satisfied are as follows—(a)the person must be authorised under this Act to connect supply or take electricity from the transmission grid;(b)the grid must be capable of being used safely to connect supply or take electricity as proposed by the person;(c)the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the grid;(d)the person must pay the reasonable cost of connection to the grid.(3)In deciding whether the condition mentioned in subsection (2)(b) is satisfied, all relevant matters must be considered, including, for example—(a)the transmission entity’s current obligations; and(b)the current obligations of other persons connected directly or indirectly to the transmission grid; and(c)the grid’s capacity.
33 Additional condition not to buy and sell electricity
(1)It is also a condition of a transmission authority held by a transmission entity that operates a regulated transmission grid that the transmission entity must not buy or sell electricity directly or indirectly.(2)Subsection (1) does not apply to generating, buying or selling electricity—(a)necessary to operate the transmission entity’s transmission grid or for a purpose associated with the planning, design, construction, maintenance or operation of the transmission grid; or(b)for the entity’s administrative purposes.(3)In this section—regulated transmission grid means a transmission grid that is subject to the regulatory arrangements for transmission service pricing under the National Electricity Rules, chapter 6.
34 Additional conditions about grid operation etc.
(1)In addition, a transmission authority is subject to the following conditions—(a)the transmission entity must operate, maintain (including repair and replace if necessary) and protect its transmission grid to ensure the adequate, economic, reliable and safe transmission of electricity;(b)the transmission entity must operate the grid in coordination with transmission grids to which it is connected directly or indirectly.(2)Unless otherwise provided in its authority, it is also a condition of the transmission authority that the transmission entity must ensure, as far as technically and economically practicable, that the transmission grid is operated with enough capacity (and, if necessary, augmented or extended to provide enough capacity) to provide network services to persons authorised to connect to the grid or take electricity from the grid.
35 Additional condition to provide network services
It is also a condition of a transmission authority that the transmission entity must provide, as far as technically and economically practicable for the transmission entity, network services on fair and reasonable terms, for persons authorised to connect supply of electricity to the transmission grid or take electricity from the grid.
36 Additional condition to comply with protocols, standards and codes
It is also a condition of a transmission authority that the transmission entity must comply with all protocols, standards and codes applying to the entity under this Act.
36A Responsibility for regional system control
(1)A transmission entity is responsible for regional system control of its transmission grid.(2)However, a transmission entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules.
Part 5 Distribution entities and their authorities
Division 1 Preliminary
37 Distribution entities
A distribution entity is a person who holds a distribution authority.
38 Distribution authorities
A distribution authority authorises its holder to supply electricity using a supply network within its distribution area.
39 Distribution area of distribution entity
A distribution entity’s distribution area is the area stated in its authority as its distribution area.
Division 2 [Repealed]
40 [Repealed]
40AA [Repealed]
40A [Repealed]
40B [Repealed]
40BA [Repealed]
40C [Repealed]
40D [Repealed]
Division 3 [Repealed]
Subdivision 1 [Repealed]
40DA [Repealed]
Subdivision 2 [Repealed]
40DB [Repealed]
Subdivision 3 [Repealed]
40DC [Repealed]
40DD [Repealed]
40DE [Repealed]
40DF [Repealed]
Division 4 Customers’ premises outside of distribution area
40E [Repealed]
40F [Repealed]
40G [Repealed]
40H [Repealed]
41 Connection and supply of electricity outside distribution area
(1)A distribution entity may, if a customer’s premises are outside the distribution entity’s distribution area—(a)connect the premises to the entity’s supply network; and(b)supply electricity from its supply network to the premises.(2)Subsection (1) applies only if the premises—(a)are not within another distribution entity’s distribution area; or(b)if they are in another distribution entity’s area—(i)but the other distribution entity claims that it is not technically and economically practicable for it to connect and supply electricity to the customer; or(ii)the other distribution entity agrees to the connection and supply.(3)However, the distribution entity may connect and supply electricity to the customer only if the connection and supply is not likely to impair its capacity to fulfil its obligation to connect and supply in its own distribution area.
Division 5 Conditions of distribution authorities
42 Conditions of distribution authority
A distribution authority is subject to the following conditions—(a)the distribution entity must comply with—(i)if the entity is a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and(ii)the conditions stated in sections 43, 44, 44A and 45; and(iii)conditions imposed under the regulations; and(iv)conditions stated in the authority;(b)the entity must comply with the NERL (Qld), the National Energy Retail Rules and all directions given to it under the NERL (Qld) or the National Energy Retail Rules;(c)the entity must operate, maintain (including repair and replace as necessary) and protect its supply network to ensure the adequate, economic, reliable and safe connection and supply of electricity to its customers;(d)the entity must properly take into account the environmental effects of its activities;(e)the entity must consider both demand side and supply side options to provide, as far as technically and economically practicable, for the efficient supply of electrical energy;(f)the entity must pay the amounts required under the authority or regulations for administering the authority and its conditions;(g)the entity must pay any amount that, under the Energy and Water Ombudsman Act 2006, it must pay the energy and water ombudsman.
43 Additional condition to allow connection to supply network by complying persons
(1)It is also a condition of a distribution authority that the distribution entity must allow, as far as technically and economically practicable for the distribution entity, a person to connect supply to its supply network, or take electricity from its supply network, on fair and reasonable terms, if the conditions stated in subsection (2) are satisfied.(2)The conditions to be satisfied are as follows—(a)the person must be a generation entity, a transmission entity or a distribution entity;(b)the supply network must be capable of being safely used to connect supply or take electricity as proposed by the person;(c)the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the network;(d)the person must pay the reasonable cost of connection to the network.(3)In deciding whether the condition mentioned in subsection (2)(b) is satisfied, all relevant matters must be considered, including, for example—(a)the distribution entity’s current obligations and its expected future obligations; and(b)the current obligations of other persons connected directly or indirectly to the network; and(c)the network’s capacity.
44 Additional condition to provide network services
In addition, it is a condition of a distribution authority that the entity must provide, as far as technically and economically practicable, network services, on fair and reasonable terms, for persons authorised to connect supply of electricity to the network or take electricity from the network.
44A Additional condition to allow credit for electricity produced by small photovoltaic generators
(1)It is also a condition of a distribution authority that the distribution entity—(a)allow, as far as technically and economically practicable, a qualifying customer for premises to connect 1 qualifying generator at the premises to its supply network; and(b)credit against the charges payable by a qualifying customer, for customer connection services provided to the qualifying customer in a relevant supply period, the amount for each kilowatt hour prescribed under a regulation (a prescribed credit amount) for electricity that is, at any instant in the relevant supply period—(i)being produced by the qualifying generator when connected to the distribution entity’s supply network; and(ii)being supplied to the network; and(iii)in excess of the amount of electricity being used by the qualifying customer, not including electricity supplied through a circuit controlled by the distribution entity; andExample of a circuit controlled by the distribution entity—
a remotely switched circuit used for off-peak supply of hot water(c)give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating the following—(i)the number of qualifying customers who have connected a qualifying generator to the network under paragraph (a) in the previous 6 months;(ii)the number of qualifying customers who, at the end of the previous 6 months, had a qualifying generator connected to the network;(iii)the number of qualifying customers who stopped being credited with a prescribed credit amount under paragraph (b) in the previous 6 months;(iv)the number of qualifying customers who, at the end of the previous 6 months, had stopped being credited with a prescribed credit amount under paragraph (b);(v)for each retailer—the total amount of credit given by the distribution entity to the retailer in relation to qualifying customers receiving credit under paragraph (b) in the previous 6 months;(vi)the amount of electricity supplied to the network in the previous 6 months for which credit was given under paragraph (b);(vii)the total generation capacity of all qualifying generators connected to the network.(1A)However, the condition mentioned in subsection (1)(b) stops applying in relation to a qualifying customer if—(a)the maximum output of the component of the customer’s qualifying generator that generates electricity exceeds, in aggregate, the approved total rated inverter capacity of the generator; or(b)the customer installs an electricity storage device, as part of the electrical installation supplied by the customer’s qualifying generator, in a way that enables the device to supply electricity to—(i)the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or(ii)the distribution entity’s supply network; or(c)the customer installs 1 or more generators (each an additional generator) as part of the electrical installation supplied by the customer’s qualifying generator in a way that enables the additional generator to supply electricity to—(i)the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or(ii)the distribution entity’s supply network.(1B)If, because of the operation of subsection (1A), a qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (1)(b), that subsection no longer applies to the distribution entity in relation to that customer.(2)A regulation may prescribe—(a)the circumstances in which a category of qualifying customer is entitled, or stops being entitled, to be credited with a prescribed credit amount under subsection (1)(b) for the category of qualifying customer; and(b)the day, not later than 1 July 2028, at the end of which subsection (1)(b) stops applying, in any event, for a particular category of qualifying customer.(3)If a category of qualifying customer becomes entitled to be credited with a prescribed credit amount under subsection (2)(a), the distribution authority is subject to the condition mentioned in subsection (1)(b).(4)If a category of qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (2)(a), the condition, under subsection (1)(b), of the distribution authority about crediting a prescribed credit amount also stops to the extent the prescribed credit amount is for the category.(5)This section expires on 1 July 2028.(6)In this section—approved total rated inverter capacity, of a customer’s qualifying generator, means the total rated inverter capacity of the generator approved by the distribution entity for the purposes of complying with the condition mentioned in subsection (1)(b).
electricity storage device means a device capable of storing energy and releasing the energy as electricity.supply interruption means an interruption in the supply, by a distribution entity through the entity’s supply network, of electricity to a qualifying customer’s electrical installation.
45 Additional condition to comply with protocols, standards and codes
It is also a condition of a distribution authority that the distribution entity must comply with all protocols, standards and codes applying to the entity under this Act.
45A Responsibility for network control
(1)A distribution entity is responsible for network control of its supply network.(2)However, a distribution entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules.
Part 6 Retailers
Note—
For matters relating to retailers, generally, see the NERL (Qld).
46 [Repealed]
47 [Repealed]
48 [Repealed]
48A [Repealed]
48B [Repealed]
48C [Repealed]
48D [Repealed]
48E [Repealed]
48F [Repealed]
48G [Repealed]
48H [Repealed]
48I [Repealed]
49 [Repealed]
49A [Repealed]
50 [Repealed]
51 [Repealed]
51A [Repealed]
51AA [Repealed]
52 [Repealed]
52A [Repealed]
53 [Repealed]
54 [Repealed]
55 [Repealed]
55A [Repealed]
55B [Repealed]
55C [Repealed]
55CA [Repealed]
55D [Repealed]
55DA Retailer must enter into community services agreement
(1)A retailer must not provide a customer retail service unless the retailer—(a)enters into an agreement with the State to provide, for at least 5 years, the community services—(i)agreed between the State and the retailer; or(ii)failing agreement, as decided by the Minister; andExamples of community services—
pensioner rebate and drought relief schemes for customer retail services(b)complies with the agreement.(2)In making a decision under subsection (1)(a)(ii), the Minister must have regard to the retailer’s reasonable administration costs and other risks in providing the community services.
55DB Electricity produced by qualifying generator
(1)A retailer must—(a)reduce the amount payable by a qualifying customer (the amount due), for electricity supplied to the qualifying customer in a relevant supply period, by the amount of any credit (owed credit) given by a distribution entity in relation to the qualifying customer for the relevant supply period under section 44A(1)(b); and(b)if the owed credit is more than the amount due for the relevant supply period (the first period)—(i)reduce the amount due for a subsequent relevant supply period by the unused amount of the owed credit; and(ii)if, after the end of 12 months after the end of the first period, an amount of the owed credit has not been used under subparagraph (i)—pay the qualifying customer an amount representing the amount of owed credit that has not been used; and(c)give the qualifying customer the following information for each relevant supply period—(i)the amount of electricity supplied by the qualifying customer to the distribution entity’s network for which credit was given under section 44A(1)(b);(ii)the amount to be credited to the qualifying customer under section 44A(1)(b); and(d)give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating—(i)the number of qualifying customers receiving credit under section 44A(1)(b) in the previous 6 month period; and(ii)the amount credited to qualifying customers under section 44A(1)(b) in the previous 6 month period.(2)This section expires on 1 July 2028.
55DBA Electricity produced by small photovoltaic generator
(1)This section applies if—(a)a prescribed retailer provides customer retail services to a relevant qualifying customer’s premises; and(b)the relevant qualifying customer is not entitled to receive an amount for electricity mentioned in section 44A(1)(b) in relation to the premises.Note—
A relevant qualifying customer may be entitled to receive an amount for electricity mentioned in section 44A(1)(b) in relation to the premises under section 44A as it continues to apply under section 328.(2)The prescribed retailer must—(a)reduce the charges payable by the customer, for electricity supplied to the customer in the relevant supply period, by the feed-in tariff amount; and(b)if the feed-in tariff amount is more than the charges payable for the relevant supply period (the first period)—(i)reduce the charges payable for a subsequent relevant supply period by the unused amount of the feed-in tariff amount; and(ii)if, after the end of 12 months after the end of the first period, an amount of the feed-in tariff amount has not been used under subparagraph (i)—pay the customer the unused amount of the feed-in tariff amount; and(c)give the customer the following information for each relevant supply period—(i)the amount of electricity supplied by the customer to the supply network;(ii)the feed-in tariff amount.(3)In this section—feed-in tariff amount means the amount worked out by multiplying the feed-in tariff decided under chapter 4, part 2A by the number of kilowatt hours of electricity that is, at any instant in the relevant supply period—(a)produced by 1 small photovoltaic generator connected at the relevant qualifying customer’s premises to a supply network; and(b)supplied to the network.
55DC [Repealed]
55E [Repealed]
55F [Repealed]
55GA [Repealed]
55G [Repealed]
Part 6A Coordination agreements between distribution and retail entities
55H Negotiation of coordination agreement
(1)A distribution entity and a retailer may enter into a written agreement about protocols under which they agree to help each other perform their functions under—(a)this Act or another Act or law relating to electricity that applies in the State; or(b)a procedure or protocol made under an Act or law mentioned in paragraph (a).(2)The agreement may be different from the coordination agreement provided for under a distribution network code.
55I Standard coordination agreement
(1)This section applies if—(a)a distribution entity and a retailer have common customers; and(b)an agreement under section 55H is not in force between the entities.(2)The entity and retailer are taken to have entered into an agreement on the terms of the standard coordination agreement provided for under a distribution network code.(3)The entity and retailer are taken to have agreed to comply with the terms and to have entered into the agreement as a deed.
Part 7 Special approval holders and their approvals
56 Purpose of special approvals
The purpose of special approvals is to enable, in special circumstances, electricity entities and other persons to perform activities, normally authorised by a generation, transmission or distribution authority, without the authority.
57 Special approval holders
A special approval holder is a person who has a special approval.
58 Special approvals
A special approval authorises its holder to do anything stated in the approval that a generation entity, transmission entity or distribution entity may do under this Act.
59 Authorisation given by special approval
(1)A special approval authorises its holder to do the things stated in the approval, even though the things would otherwise require the holder to be the holder of a generation, transmission or distribution authority to do the things.(2)Despite subsection (1), a special approval does not make the holder an electricity entity, unless a regulation provides that the holder is to be treated as an electricity entity.(3)However, for things authorised by the special approval, the special approval holder is taken to be a person who has the relevant authority and the special approval is taken to be the relevant authority.Examples—
1If a special approval authorises the holder to connect generating plant to a transmission grid or supply network, the holder is taken, for that activity, to be the holder of a generation authority.2If a special approval authorises the holder to operate a transmission grid, the holder is taken, for that activity, to be the holder of a transmission authority.(4)The approval does not relieve the holder or anyone else from complying with laws relevant to the doing of the things authorised by the approval.
60 Conditions of special approval
(1)A special approval is subject to the following conditions—(a)the holder must comply with—(i)if the holder is a Registered participant—the National Electricity Rules; and(ii)if connected to the Queensland system or a Registered participant—the National Electricity (Queensland) Law, the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and(iii)the condition stated in section 61 or 61B; and(iv)conditions imposed under the regulations; and(v)if the approval is given by the regulator—conditions stated in the approval;(b)the holder must pay amounts required under the approval or the regulations for administering the approval and its conditions;(c)the holder must pay any amount that, under the Energy and Water Ombudsman Act 2006, the holder must pay the energy and water ombudsman.(2)In this section—special approval means a special approval given under a regulation or by the regulator.
61 Additional condition to comply with protocols, standards and codes
It is also a condition of a special approval that the holder must comply with all protocols, standards and codes applying to the holder under this Act.
61A [Repealed]
61B Additional condition for electricity produced by photovoltaic generators
(1)Subsection (2) applies to a special approval holder prescribed under a regulation.(2)It is a condition of the special approval that the holder must comply with section 44A.
Part 8 Regulator
62 Regulator
The chief executive of the department is the regulator.
63 Functions
(1)The regulator’s functions are—(a)to ensure only suitable persons are electricity entities; and(b)to assist in the settlement of disputes arising under chapter 4, part 6, between electricity entities and between electricity entities and public entities; and(c)to monitor compliance with the conditions of approvals, authorities and licences under this Act; and(d)to perform other functions given to the regulator under this Act or another Act.(2)In performing the regulator’s functions, the regulator must consider the objects of the Act.
64 Delegation
(1)The regulator may delegate a power of the regulator to a public service employee or an employee of an electricity entity if satisfied the person has the expertise and experience necessary to exercise properly the power.(2)A regulation may provide that a particular power of the regulator—(a)may not be delegated; or(b)may be delegated only to a particular person.
64A Review of feed-in tariff provisions
Within 5 years after the commencement of this section, the regulator must review the operation of section 55DBA and chapter 4, part 2A.
64AA [Repealed]
Part 9 Electricity officers
64B Definition for pt 9
In this part—electricity entity includes a retailer.
64C [Repealed]
64D [Repealed]
64E [Repealed]
64F [Repealed]
64FA [Repealed]
64FB [Repealed]
64FC [Repealed]
64FD [Repealed]
64FE [Repealed]
64G [Repealed]
64H [Repealed]
64I [Repealed]
64J [Repealed]
64K [Repealed]
64L [Repealed]
64M [Repealed]
64N [Repealed]
64O [Repealed]
64P [Repealed]
64Q [Repealed]
64R [Repealed]
64S [Repealed]
64T [Repealed]
65 Appointment
(1)The chief executive officer of an electricity entity may appoint a person as an electricity officer for the entity.(2)The chief executive officer may appoint a person as an electricity officer only if—(a)the chief executive officer considers the person has the expertise or experience approved by the regulator to be an electricity officer; or(b)the person has satisfactorily finished training approved by the regulator.
66 Limitation of electricity officer’s powers
An electricity officer may exercise powers only—(a)in relation to the electricity entity’s works; or(b)if the electricity entity supplies electricity—within its distribution area or a place where it supplies electricity; or(c)if the electricity entity sells electricity—within a place where it sells electricity.
67 Other limitation of electricity officer’s powers
An electricity officer’s powers may be limited—(a)under the regulations; or(b)under a condition of appointment; or(c)by written notice given by the electricity entity’s chief executive officer to the electricity officer.
68 Electricity officer’s appointment conditions
(1)An electricity officer holds office on the conditions stated in the instrument of appointment.(2)An electricity officer—(a)if the appointment provides for a term of appointment—ceases holding office at the end of the term; and(b)may resign by signed notice of resignation given to the chief executive officer concerned; and(c)if the conditions of appointment provide—ceases holding office as an electricity officer on ceasing to hold another office stated in the appointment conditions.
69 Electricity officer’s identity card
(1)The chief executive officer of an electricity entity must give each electricity officer for the entity an identity card.(2)The identity card must—(a)contain a recent photograph of the electricity officer; and(b)be in a form approved by the regulator; and(c)display the electricity officer’s usual signature; and(d)identify the person as an electricity officer for the electricity entity.(3)A person who ceases to be an electricity officer for an electricity entity must return the person’s identity card to the entity’s chief executive officer within 21 days after the person ceases to be an electricity officer, unless the person has a reasonable excuse.Maximum penalty—10 penalty units.
(4)This section does not prevent the giving of a single identity card to a person under this section and for other provisions, Acts or purposes.
70 Production or display of electricity officer’s identity card
(1)An electricity officer may exercise a power in relation to someone else only if the electricity officer—(a)first produces his or her identity card for the person’s inspection; or(b)has the identity card displayed so it is clearly visible to the person.(2)However, if for any reason it is not practicable to comply with subsection (1), the electricity officer must produce the identity card for the person’s inspection at the first reasonable opportunity.
Part 10 [Repealed]
71 [Repealed]
72 [Repealed]
73 [Repealed]
74 [Repealed]
75 [Repealed]
Part 11 [Repealed]
76 [Repealed]
77 [Repealed]
78 [Repealed]
79 [Repealed]
80 [Repealed]
Part 12 [Repealed]
81 [Repealed]
81A [Repealed]
Chapter 3 [Repealed]
82 [Repealed]
83 [Repealed]
84 [Repealed]
85 [Repealed]
86 [Repealed]
Chapter 4 Electricity industry operations
Part 1 Restriction on certain activities by unauthorised persons
87 Connection of generating plant to transmission grid or supply network only if authorised
(1)A person must not connect generating plant to a transmission grid or supply network unless the person is the holder of a generation authority.Maximum penalty—5,000 penalty units.
Note—
If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence.(2)A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.
88 Prohibition on operating transmission grid unless authorised
(1)A person must not operate a transmission grid unless the person is the holder of a transmission authority.Maximum penalty—5,000 penalty units.
Note—
If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence.(2)A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.
88A Prohibition on operating supply network unless authorised
(1)A person must not supply electricity using a supply network unless the person is the holder of a distribution authority.Maximum penalty—5,000 penalty units.
Note—
If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A, to have also committed the offence.(2)A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.
89 [Repealed]
Part 2 Market operation
Division 1 Preliminary
89A Definitions for pt 2
In this part—designated retail market area means—(a)an area prescribed by regulation; or(b)if no area is prescribed—the distribution area described in the schedule to the distribution authority numbered D07/98.Editor’s note—
At the commencement of this definition, the distribution authority was held by Energex.price determination see section 90(1).pricing entity means—(a)the Minister; or(b)QCA, if the Minister delegates a function of the Minister under section 90(1) to QCA.
Division 2 Market monitoring, reporting and review in designated retail market areas
89B Market monitoring direction and report
(1)The Minister may give QCA a written direction requiring QCA to monitor, and give a written report on, the operation of the retail electricity market in designated retail market areas.(2)The direction must state—(a)the period (the reporting period) for which the report is to apply; and(b)when the report is required to be given to the Minister; and(c)that the report must be published on QCA’s website and when it is required to be published.(3)Without limiting subsection (1), the direction may require QCA to monitor, and report on, the prices that retailers for designated retail market areas are charging for—(a)the sale of electricity to their customers at premises in the areas; or(b)charges or fees relating to the sale of electricity mentioned in paragraph (a).(4)Also, without limiting subsection (1), the direction may require the report to include—(a)a comparison and assessment of—(i)retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and(ii)variations to retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and(b)information about any trends in relation to variations to retailers’ standing offer prices and market offer prices available to customers at premises in designated retail market areas in the reporting or another stated period; and(c)other relevant information the Minister requires.(5)QCA must comply with the direction.(6)In this section—market offer prices has the meaning given by the NERL (Qld), section 2.standing offer prices has the meaning given by the NERL (Qld), section 2.
89C Obtaining information to comply with direction
(1)This section applies if QCA is given a direction under section 89B(1).(2)QCA may, by written notice given to a retailer for a designated retail market area, require the retailer to give QCA the relevant information QCA requires to comply with the direction.(3)The retailer must, within the reasonable period stated in the notice, comply with the notice unless, in the circumstances, the retailer could not reasonably have been expected to have, or to be able to obtain, the relevant information.Maximum penalty for subsection (3)—100 penalty units.
89D Competition review
(1)The Minister may give a written direction to an appropriate entity to—
(a)conduct a review into the effectiveness of competition in a relevant market for the sale of electricity; and(b)give a written advice about whether to keep, remove or reintroduce price controls on prices relating to the sale of electricity in the relevant market.(2)The direction must state—(a)the terms of reference of the review; and(b)when the advice is required to be given to the Minister; and(c)that the advice must be published on the appropriate entity’s website or in another stated way; and(d)when the advice is required to be published.(3)The appropriate entity must comply with the direction.(4)Subject to the direction, the appropriate entity may conduct the review in the way it considers appropriate.(5)In this section—appropriate entity means—(a)QCA; or(b)another entity the Minister considers is an appropriate entity to conduct a review and give an advice under subsection (1).relevant market means a market for the sale of electricity to all customers, or a class of customers, in a designated retail market area.
Division 3 Price determination
89E Non-application to sales in designated retail market area
(1) This division does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer for a designated retail market area may charge for—(a)the sale of electricity to its standard contract customers at premises in the area; or(b)charges or fees relating to the sale of electricity mentioned in paragraph (a).(2)This section applies subject to section 91B.
90 Deciding prices for standard contract customers
(1)The Minister must, for each tariff year, decide (a price determination) the prices, or the methodology for fixing the prices, that a retailer may charge its standard contract customers for all or any of the following—(a)customer retail services;(b)charges or fees relating to customer retail services;Examples—
•charges or fees for late or dishonoured payments•credit card surcharges for payments for the services(c)other goods and services prescribed under a regulation.(2)The price determination must be in the form of a tariff schedule.(3)To remove any doubt, the following is declared for a price determination—(a)it may be made from time to time and not just once a year;(b)a tariff from the tariff schedule for the current or previous tariff year may be added to, removed or changed;(c)a tariff may be added to the tariff schedule at any time during a tariff year;(d)it may include network charges;(e)it can not be made for distribution non-network charges.(4)The prices, or prices fixed under the methodology, are, for a retailer, called the notified prices.(5)In making a price determination, the pricing entity—(a)must have regard to all of the following—(i)the actual costs of making, producing or supplying the goods or services;(ii)the effect of the price determination on competition in the Queensland retail electricity market;(iii)if QCA is the pricing entity—any matter the pricing entity is required by delegation to consider; and(b)may have regard to any other matter the pricing entity considers relevant.(6)The pricing entity may decide that the notified prices exclude one of the following—(a)GST;(b)the amount fixed by the pricing entity, or the amount worked out in a way fixed by the pricing entity, as the net effect on prices of GST and matters related to the imposition of GST (the net GST effect).(7)In this section—distribution non-network charges means charges of a distribution entity, approved by the jurisdictional regulator under the National Electricity (Queensland) Law, that—(a)are referable to a specific customer or retailer request; and(b)do not include network charges.Examples of distribution non-network charges—
•a de-energisation or disconnection fee•a reconnection fee•a meter test feenetwork charges means charges of a distribution entity for—(a)distribution use of system charges for the use of a shared supply network of the distribution entity; and(b)any transmission use of system charges payable by the distribution entity for the use of a transmission grid to which the supply network is connected.
90AAA [Expired]
90AA Delegation to QCA and terms of reference
(1)The Minister may delegate to QCA all or any of the Minister’s functions under section 90(1).(2)The delegation may state the terms of reference of the price determination.(3)The terms of reference may specify the following—(a)the period for which the price determination is to apply;(b)the time frame within which QCA is to make and publish reports on the price determination;(c)the particular policies or principles QCA is to consider when making the price determination;(d)the matters QCA must consider when working out the notified prices and making the price determination;Example—
the particular methodology to be used to determine the prices(e)the consultation requirements QCA must comply with before making the price determination.(4)The terms of reference may—(a)apply generally to all tariffs or be limited in its application by reference to specified exceptions or factors; or(b)apply differently according to different factors of a specified kind.
90AB Publication of notified prices
(1)This section applies if QCA is the pricing entity.(2)The pricing entity must, at least 1 month before the start of each tariff year—(a)announce its final price determination; and(b)publish the notified prices by gazette notice.(3)However, a failure to comply with subsection (2) does not invalidate or otherwise affect the price determination.(4)If the pricing entity has decided that GST or the net GST effect is excluded from the notified prices, the gazette notice must include a statement (a GST statement) as follows—(a)that the notified prices exclude GST or the net GST effect;(b)if the decision was that the net GST effect is excluded—the fixed amount of the effect or the way for working it out under section 90(6)(b).(5)The notified prices and any GST statement take effect—(a)on a later day stated in the notice; or(b)if no day is stated in the notice—on the day the notice is gazetted.
90A Obtaining information for price determination
(1)A pricing entity may, in writing, ask a retailer for relevant information the pricing entity requires to make a price determination for the retailer.(2)The retailer must, within the reasonable period stated in the request, give the relevant information to the pricing entity.Maximum penalty for subsection (2)—100 penalty units.
91 Retailers charging for GST
(1)This section applies if—(a)there are notified prices for a retailer; and(b)the notification for the prices includes a GST statement; and(c)the retailer charges standard contract customers the notified prices for providing customer retail services.(2)If the GST statement provides that the notified prices exclude GST, the retailer may also charge standard contract customers an amount for GST for providing the services.(3)If the GST statement provides that the notified prices exclude the net GST effect, the retailer may also charge standard contract customers the net GST effect for providing the services.(4)The Minister may give the retailer a written direction to charge standard contract customers—(a)if the GST statement provides that the notified prices exclude GST—an amount for GST for providing the services; or(b)if the GST statement provides that the notified prices exclude the net GST effect—the net GST effect for providing the services.(5)To remove any doubt, it is declared that this section does not prevent the retailer from charging, under any of the following contracts under the NERL (Qld), an amount for GST for goods or for any services that are not customer retail services—(a)a standard retail contract;(b)a standard retail contract (card-operated meters);(c)a large customer standard retail contract.
91A Retailer must comply with notification or direction
(1)This section applies if there are notified prices for providing customer retail services.(2)A retailer must charge standard contract customers the notified prices for providing the services.Maximum penalty—500 penalty units.
(3)If a retailer has been given a direction under section 91(4)(a) to charge an amount for GST for providing the services, it must also charge that amount.Maximum penalty—500 penalty units.
(4)If a retailer has been given a direction under section 91(4)(b) to charge the net GST effect for providing the services, it must also charge the net GST effect.Maximum penalty—500 penalty units.
(5)To remove any doubt, it is declared that a retailer does not contravene subsection (2) only because the retailer reduces the charges payable by a standard contract customer by the amount the retailer pays the standard contract customer for electricity produced at the standard contract customer’s premises and supplied to a supply network.(6)This section does not limit section 91(2) and (3).
91AA Provision for compliance with decisions about notified prices
(1)This section applies if—(a)the pricing entity decides or purports to decide notified prices (the decided prices); and(b)the decided prices are, for whatever reason, quashed, set aside or declared or ordered to be of no effect in a proceeding.(2)Despite any matter mentioned in subsection (1)(b), for section 90A and any other provision of this Act, the decided prices—(a)are taken to have, since the making of the decision or purported decision, always been notified prices; and(b)continue in force as if they were notified prices until the pricing entity decides new notified prices.
Division 4 Reintroduction of price determination
91B Reserve power of Minister to reintroduce price determination
(1) This section applies if—(a)under section 89E, division 3 does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer may charge in relation to the sale of electricity to particular customers; and(b)either—(i)the AEMC (the reviewer) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market) to which the sale is relevant; or(ii)an appropriate entity (also the reviewer) conducts a review under section 89D(1) into the effectiveness of competition in the relevant market; and(c)as a result of the review, the reviewer—(i)considers that competition in the relevant market is not effective; and(ii)gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.(2)The Minister may decide to make a price determination for the prices that the retailer may charge in relation to the sale of electricity to the customers.(3)If the Minister decides to make a price determination under subsection (2), division 3, other than section 89E, applies for making the price determination.(4)In this section—AEMC see the NERL (Qld), section 2.MCE directed review see the NERL (Qld), section 2.
91C [Repealed]
91D [Repealed]
91E [Repealed]
91F [Repealed]
91G [Repealed]
Part 2A Feed-in tariff
92 Definitions for pt 2A
In this part—feed-in tariff means the rate to be used for working out the amount that must be credited by a prescribed retailer to a relevant qualifying customer for a relevant supply period for each kilowatt hour of electricity that is, at any instant in the relevant supply period—(a)produced by 1 small photovoltaic generator connected at the customer’s premises to a supply network; and(b)supplied to the network.local area retailer has the meaning given by the NERL (Qld).prescribed retail entity ...prescribed retailer means a local area retailer other than a local area retailer for a designated retail market area.relevant qualifying customer, of a prescribed retailer, means a qualifying customer if—(a)the retailer provides customer retail services to the customer’s premises; and(b)1 small photovoltaic generator is connected at the customer’s premises to a supply network.relevant small customer ...
92A [Repealed]
92B [Repealed]
92C [Repealed]
92D [Repealed]
92E [Repealed]
92F [Repealed]
92G [Repealed]
92H [Repealed]
92I [Repealed]
92J [Repealed]
92K [Repealed]
92L [Repealed]
92M [Repealed]
92N [Repealed]
93 Minister to direct QCA to decide feed-in tariff
(1)The Minister—(a)must direct QCA to decide the feed-in tariff for each tariff year; and(b)may, at any time, direct QCA to decide the feed-in tariff for another period.(2)The Minister’s direction may state the following—(a)the period for which the feed-in tariff is to apply;(b)the time frame within which QCA is to decide the feed-in tariff;(c)the matters QCA must consider when deciding the feed-in tariff;(d)the consultation requirements QCA must comply with before deciding the feed-in tariff.(3)In deciding the feed-in tariff, QCA must consider—(a)the effect of the feed-in tariff on competition in the Queensland retail electricity market; and(b)any other matter stated in the Minister’s direction.
94 QCA to publish feed-in tariff
(1)At least 1 month before the start of a tariff year, QCA must announce the feed-in tariff for the tariff year and publish it by gazette notice.(2)However, if QCA is directed under section 93(1)(b) to decide a feed-in tariff, at least 1 month before the feed-in tariff is to apply, QCA must announce the feed-in tariff and publish it by gazette notice.(3)A gazette notice under this section must state the period for which the feed-in tariff is to apply.(4)A feed-in tariff applies from the start of the tariff year to which it relates unless otherwise stated in the gazette notice.(5)Failure to comply with this section does not invalidate or otherwise affect the feed-in tariff.
95 When feed-in tariff continues to apply
(1)This section applies if a feed-in tariff (an existing feed-in tariff) would, but for subsection (2), stop applying and a new feed-in tariff does not apply.(2)The existing feed-in tariff continues to apply until a new feed-in tariff applies.
96 [Repealed]
Part 3 Limitation of liability of electricity entities
97 Limitation of liability of electricity entities and special approval holders that are not Registered participants
(1)An electricity entity or special approval holder that is not a Registered participant is not liable for damages to a person for a partial or total failure to supply electricity or perform an obligation under a contract in relation to the supply of electricity, unless the failure is due to—(a)anything done or omitted to be done by the electricity entity or special approval holder in bad faith; or(b)the negligence of the electricity entity or special approval holder.(2)This section does not apply to the extent to which liability is otherwise agreed by the parties to a contract.(3)This section commences on the commencement of the Electricity—National Scheme (Queensland) Act 1997.(4)In subsection (1)—contract includes an arrangement that has the effect of a contract.
97A Limitation of liability for National Electricity (Queensland) Law
(1)The words ‘supply electricity’ in section 120 of the National Electricity (Queensland) Law are taken to include the sale of electricity and the performance of an obligation in a contract for the supply and sale of electricity.(2)In subsection (1)—contract includes an arrangement that has the effect of a contract.
Part 4 Works
Division 1 Works generally
98 Electricity entity entitled to access to its works
(1)This section applies to an electricity entity’s works on someone else’s land, including land that is a publicly controlled place, railway land or a protected area.(2)The electricity entity (and its employees and agents) are entitled to have unrestricted access to the works at any reasonable time and, for that purpose, may enter and pass through the land.
99 Person to give notice of work affecting electricity entity’s works
(1)A person proposing to do work near an electricity entity’s works must give the entity at least 14 days written notice of the proposed work if, in performing the work—(a)plant, if not properly controlled, is likely to come into contact with an overhead electric line; or(b)soil or other material supporting or covering the entity’s works may be disturbed.(2)If, because of an emergency, it is not practicable to give the notice under subsection (1), written notice must be given to the electricity entity as soon as practicable.(3)The person must, at the person’s cost, take measures to protect or reinstate the electricity entity’s works if required by the entity.
Division 2 Works on public places, other than railway land and protected areas
100 Application of division
This division is subject to divisions 3 and 4.
101 Electricity entity may take action in publicly controlled places to provide electricity etc.
(1)An electricity entity may take the action in a publicly controlled place it considers necessary to provide or supply electricity, including, for example—(a)opening and breaking up the soil and pavement of the place; and(b)cutting, lopping, or removing trees and other vegetation growing in or over the place; and(c)opening or breaking up a sewer, drain or tunnel in or under the place; and(d)temporarily stopping or diverting traffic on or from the place; and(e)building drains, excavations, subways and tunnels in or under the place.Note—
The application of this section could, in a particular case, be affected by the Native Title Act 1993 (Cwlth).(2)A regulation may make provision about the obligations and rights of electricity entities taking action in publicly controlled places, including, for example—(a)notice to be given before taking action; and(b)timing of work; and(c)procedures to be followed on the breaking up of anything in, on or under the place.(3)This section is subject to sections 102 and 104.
102 Works on roads
(1)An electricity entity may do any of the following things on a road—(a)build or remove, or alter (other than for maintenance or repair), its electric lines or other works;(b)maintain, repair or alter for maintenance or repair, its electric lines or other works;(c)stop obstruction or potential obstruction to, or interference or potential interference with, its electric lines or other works.(2)However, the electricity entity may do things mentioned in subsection (1)(a) only if it has the written agreement of the road authority.(2A)Subsection (2B) applies if the electricity entity proposes to do a thing mentioned in subsection (1)(a) on a road on which light rail is located.(2B)Before giving the written agreement mentioned in subsection (2), the road authority must consult with the light rail operator for the light rail.(3)The road authority or light rail operator for a light rail must not unreasonably withhold agreement.(4)If asked in writing by the electricity entity, the road authority must give the entity information about lines and levels for any planned roadworks necessary to enable the entity to minimise possible adverse effects of the entity’s works on roadworks.
103 Electricity entity to consult with road authority before replacing works
(1)Before an electricity entity replaces the whole or a substantial proportion of its electric lines or other works on a road, the entity must consult with the road authority responsible for the road.(2)The object of the consultation is to identify any mutually beneficial arrangements for the replacement of the works having regard to existing development plans for the road.
104 Regulation may declare restricted road
(1)A regulation may—(a)declare a road, or part of a road, to be a restricted road; and(b)for a restricted road—impose restrictions about building new works or altering or removing existing works on the road.(2)An electricity entity must comply with the regulation.
105 Electricity entity to comply with road authority’s agreement etc.
(1)If an electricity entity builds or removes, or alters (other than for maintenance or repair), its electric lines or other works in a road (the contravening conduct), without the agreement of the road authority for the road or in contravention of a regulation or an agreement with the road authority, the regulator may, by written notice given to the entity, require the entity, at its cost and within the period stated in the notice, to take action to remedy the contravening conduct.
(3)Section 44A(1A)(b) does not apply in relation to a qualifying customer if the customer—(a)installed the electricity storage device before the commencement; or(b)entered into a contract for the installation of the electricity storage device before the commencement, and the device is installed after the commencement.(4)Section 44A(1A)(c) does not apply in relation to a qualifying customer if the customer—(a)installed the additional generator before the commencement; or(b)entered into a contract for the installation of the additional generator before the commencement, and the generator is installed after the commencement.(5)In this section—oversizing modification, of a qualifying generator, means a modification of the generator so it becomes, or continues to be, a generator described in section 44A(1A)(a).
Part 19 Transitional provision for Energy (Renewable Transformation and Jobs) Act 2024
361 Social licence criteria do not apply for existing applications
(1)This section applies to an application for any of the following made but not decided under this Act before the commencement—(a)the issue of a generation authority;(b)the transfer of a generation authority;(c)a special approval;(d)the transfer of a special approval.(2)The application must be decided under this Act as in force immediately before the commencement as if the Energy (Renewable Transformation and Jobs) Act 2024 had not been enacted.
Part 20 Validation provision for Mineral and Energy Resources and Other Legislation Amendment Act 2024
362 Validation of acquisitions of land
(1)This section applies if—(a)before the commencement, land was taken by an authorised electricity entity under former section 116; and(b)the taking of land would have been valid and lawful if it had been made after the commencement of new section 116.(2)The taking of land by the authorised electricity entity is taken to be, and always to have been, valid and lawful.(3)Also, anything done or purportedly done as a result of, or in reliance on, the taking of the land is taken to be, and always to have been, as valid and lawful as it would have been if, at the time it was done, new section 116 had been in force.(4)To remove any doubt, it is declared that subsection (2) applies even if another entity has derived a benefit from any action taken on the land after it was taken.(5)In this section—former section 116 means section 116 as in force before the commencement.new section 116 means section 116 as in force on the commencement.
Part 21 Validation of transfers of particular generation authority
363 Transfer dated 14 June 2024
(1)This section applies in relation to the transfer of generation authority G01/17 to Tilt Renewables Australia Pty Ltd ACN 101 038 331—(a)dated on 14 June 2024; and(b)stated to have effect from 26 June 2024.(2)The transfer is taken to be, and to have always been, validly made under this Act.(3)Anything done or omitted to be done by a person as a result of, or in reliance on, the transfer is taken to be, and to have always been, as valid and lawful as it would be or would have been if, at the time it was done or omitted to be done, the transfer had been validly made under this Act.(4)The revocation of the transfer on 20 June 2025 is taken to be, and to have always been, validly made under this Act.(5)No compensation is payable by the State to any person because of the operation of this section.
364 Transfer dated 20 June 2025
(1)This section applies in relation to the transfer of generation authority G01/17 to Tilt Renewables Australia Pty Ltd ACN 101 038 331—(a)dated on 20 June 2025; and(b)stated to have effect from 20 June 2025.(2)To remove any doubt, it is declared that the transfer is taken to be, and to have always been, validly made under this Act.
Schedule 1 Review of administrative decisions
sections 214(1), 216(1) and 219
Part 1 Decisions about authorities and special approvals
Section | Description of decision |
180(1) | refusal to issue generation authority |
27(b)(vi) | stating conditions in generation authority |
184B(1) | refusal to transfer a generation authority |
189(1) | refusal to issue transmission authority |
31(a)(v) | stating conditions in transmission authority |
193B(1) | refusal to transfer a transmission authority |
197(1) | refusal to issue distribution authority |
201B(1) | refusal to transfer a distribution authority |
202 | refusal to agree to surrender of distribution authority |
42(a)(iv) | stating conditions in distribution authority |
210(1) | refusal to give special approval |
60(1)(a)(v) | stating conditions in special approval |
212B(1) | refusal to transfer a special approval |
Part 2 Other decisions
Section | Description of decision |
130(2) | authorisation to take over operation of electricity entity’s operating works |
133(5) | decision that an electricity entity has a prohibited interest that must be disposed of |
134 | disciplinary action taken against electricity entity |
138(3) | disconnection of supply if entry refused |
141 | disconnection of supply to works or installation on safety grounds |
152K(1)(c) | forfeiture of something |
154(1) | disconnection of supply for contravening electricity restriction regulation or emergency rationing order |
154(2) or (3) | refusal to reconnect supply |
176(1) | requirement to remove works built in contravention of Act |
Schedule 2 Subject matter for regulations
section 264
1 Conditions of supply and sale
Conditions of supply, including, for example, the following matters—(a)amounts payable or chargeable for electricity and services (including interest);(b)fees, including, for example, fees for or in relation to connection, disconnection and reconnection;(c)temporary supply;(d)meter reading.
2 Requirements and standards
Technical and operational requirements and standards about the following matters and their monitoring (by inspection, testing or otherwise)—(a)network services;(b)electricity qualities, including, for example, frequency, voltage and power factor;(c)design, building, operation or maintenance of works;(d)works and installations;(e)substations and customers’ premises;(f)stand-by supply;(g)conditions for connection to a transmission grid or supply network;(h)conditions for supply of electricity to customers;(i)meters and control apparatus, including meter testing apparatus;(j)connection, disconnection and reconnection of supply.
3 Generation, transmission and supply
Generation, transmission or supply of electricity, including, for example, the following matters—(a)interference with electricity supply;(b)rights of way for electric lines or cables;(c)obligations of electricity entities and landowners about electric lines, works or structures;(d)obligations and rights of electricity entities and other persons about electric lines, works or structures in, on, over, under, through or across roads, railways, tramways and waterways;(e)lopping and clearing of trees and vegetation.
3A Conditions of authorities and approvals
Imposing conditions in an authority or a special approval prohibiting the holder of the authority or special approval from having a prohibited interest in 1 or more or the following—(a)a prescribed authority;(b)a prescribed entity;(c)a prescribed person;(d)a prescribed thing.
3B Prescribed things and prohibited interests
Making provision about any of the following matters—(a)the specifying of—(i)a prescribed authority; or(ii)a prescribed entity; or(iii)a prescribed person;(b)the specifying of a prohibited interest by reference to 1 or more of the following—(i)the holding of an authority;(ii)the holding of an interest, either directly or indirectly, in an authority;(iii)the exercise of control, either directly or indirectly, over an authority, entity or person;(iv)the entitlement to a stated number or percentage of shares, stock, votes or other interests, either directly or indirectly, in an entity or person;(v)the entitlement to a stated value or percentage of value of shares, stock, votes or other interests, either directly or indirectly, in an entity or person;(vi)the entitlement to a stated amount or percentage of generation capacity;(vii)another thing prescribed by regulation;(c)what constitutes an entitlement to shares, stock, votes or other interests, either directly or indirectly, in an entity or person;(d)what constitutes an entitlement to generation capacity;(e)that certain shares, stock, votes or interests, or particular classes of shares, votes or other interests are, or in some circumstances are, to be disregarded for the prescribed purposes;(f)that particular generation capacity or particular amounts, percentages or types of generation capacity are, or in some circumstances are, to be disregarded for prescribed purposes;(g)that certain transactions, agreements, arrangements, understandings, undertakings or practices or particular types of them are, or in some circumstances are, to be disregarded for the prescribed purposes;(h)when a person is, or is taken to be, in a position to exercise control in relation to—(i)a person; or(ii)an entity; or(iii)an authority; or(iv)a thing;(i)when a person is not, or is taken not to be, in a position to exercise control in relation to—(i)a person; or(ii)an entity; or(iii)an authority; or(iv)a thing;(j)the method of calculating the number, percentage or value of shares, stock, votes or other interests, directly and indirectly, in an entity or person;(k)the method of calculating the amount or percentage of generation capacity;(l)the tracing of interests through a series of entities or persons;(m)the extraterritorial application of a regulation and the application of a regulation to partnerships, unincorporated joint ventures, companies limited by guarantee, trusts, superannuation funds and other vehicles;(n)anything necessary or convenient to help or give effect to a regulation.
4 General
The following matters—(a)establishment, functions and powers of entities to achieve objects of this Act;(b)obligations of entities;(c)inspection and testing;(d)reporting and remedying of defects;(f)penalties (of not more than 20 penalty units) for contraventions of a regulation;(g)applications, including, for example, applications by electricity entities for authorities to enter and remain on land;(h)registers to be kept under this Act;(i)liability for and recovery of costs and compensation for actions taken under this Act;(j)lighting on roads and other places whether for private or public purposes;(k)entitlements and conditions of employment of employees of electricity industry participants;(l)superannuation for persons within the electricity industry;(m)obligations of industry participants to employees;(n)transfer of funds between industry participants on transfer of employees;(o)assisting proof for matters under the regulations.
Schedule 5 Dictionary
section 4
13% liability ...
accounting period ...
accreditation ...
accredited generator ...
accredited generator register ...
accredited power station ...
AEMO has the meaning given in the National Electricity (Queensland) Law.
affected land ...
Ambulance Cover Act ...
amended assessment ...
ancillary matters ...
ancillary services see section 11.
annual GEC liability ...
annual loss factor ...
annual QUF ...
applicant ...
application ...
approval day see section 280(1).
approved auditor ...
approved form ...
approved industry code ...
approved industry superannuation scheme ...
area retail entity ...
assessment ...
associated equipment, for an electric line, see section 16.
auditable person ...
audit notice ...
Australian Energy Regulator or AER has the meaning given in the National Electricity (Queensland) Law.
authorised person, for chapter 7, see section 145.
authorised supplier ...
authorised supplier authority ...
auxiliary load ...
baseline ...
baseline customer ...
baseline loss factor ...
baseline QUF ...
baseline year ...
benchmark retail cost element ...
build includes erect, lay down and place.
cathodic protection system ...
channels ...
civil penalty ...
c/kWh ...
code contravention notice see section 120S(1).
code participant ...
common area ...
common area consumption ...
complete suspension ...
compromise assessment ...
conduct assurance see section 120T(1)(b)(ii).
conduct notice ...
conduct rules ...
connection contract ...
connection obligation ...
connection point means a connection point as defined under the National Electricity Rules.
connection services application ...
contestable customer ...
contravention notice see section 135AC(1).
contribution fee ...
Country Energy ...
credit support guidelines ...
criminal history of a person means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986.
customer see section 23(1).
customer connection contract ...
customer connection service has the meaning given by the NERL (Qld).
customer connection services ...
customer retail services has the meaning given by the NERL (Qld) to customer retail service so far as it relates to electricity.
customer sale contract ...
damage or harm includes likely damage or harm.
dedicated line ...
default assessment ...
defaulting entity see section 130(1)(a).
designated retail market area see section 89A.
direct method ...
direct supply arrangement ...
distribution area see section 39.
distribution authority see section 38.
distribution entity see section 37.
distribution network code means—
(a)an initial distribution network code; or
(b)a distribution network code made by QCA under chapter 5, part 1A and as amended from time to time under that part.
economic operator ...
electrical article ...
electrical contracting ...
electrical equipment see section 13.
electrical installation see section 14.
electrical installation work ...
Electrical Safety Act means the Electrical Safety Act 2002.
electrical work ...
electricity see section 5.
electricity entity—
(a)in general—see section 22(1); or
(b)for chapter 2, part 9—see also section 64B; or
(c)for chapter 5, part 1A—see also section 120A.
electricity industry see section 21.
electricity load ...
electricity officer means a person who is appointed under this Act as an electricity officer.
electricity restriction regulation see section 122(1).
electric line see section 15.
eligible electricity guidelines ...
eligible fuel ...
eligible gas-fired electricity ...
eligible renewable electricity ...
emergency rationing order see section 124(1).
end user ...
energy means electricity or gas or both.
energy and water ombudsman means the energy and water ombudsman under the Energy and Water Ombudsman Act 2006.
energy arbitrator ...
energy mediator ...
energy ombudsman ...
Ergon Energy ...
Ergon Energy Distribution means Ergon Energy Corporation Limited ACN 087 646 062.
Ergon Energy Retail means Ergon Energy Queensland Pty Ltd ACN 121 177 802.
excluded customer see section 23(4).
exempted load ...
external review, for a decision, means a review of the decision by QCAT under the QCAT Act.
feed-in tariff see section 92.
financially responsible retail entity ...
first accounting period ...
fix, damage or harm, includes—
(a)minimising the damage or harm; and
(b)if the damage or harm has not yet happened—preventing it from being caused.
fixed principle ...
GEC ...
GEC register ...
GEC review ...
GEC surrender direction ...
general method ...
generation authority see section 26.
generation entity see section 25.
GOC ...
GOC Act means the Government Owned Corporations Act 1993.
government company has the meaning given to it in the Government Owned Corporations Act 1993.
government entity see section 18.
GST statement see section 90AB(3).
hire ...
in a road, railway land or other place includes on, under or over.
industry code ...
information notice, for a decision, means a notice stating each of the following—
(a)the decision;
(b)reasons for the decision;
(c)the rights of—(i)internal review under this Act for the decision; or(ii)referral, under the Energy and Water Ombudsman Act 2006, for the decision;
(d)the period within which any internal review or referral must be started or made;
(e)how the rights of internal review or referral must be exercised;
(f)for a right of internal review—that a stay of a decision the subject of internal review under this Act may be applied for under this Act.
initial distribution network code means an initial distribution network made by the Minister under section 120B and as amended under chapter 5, part 1A, division 5 from time to time.
initial industry code ...
inspection officer means a person appointed as an inspection officer under chapter 7, part 2.
interested person ...
large customer see section 23(2).
large market customer ...
large non-market customer ...
LGPE Act ...
liable load ...
liable load exemption ...
liable load exemption register ...
liable person ...
liable year ...
licensed electrical contractor ...
licensed electrical worker ...
light rail see the Transport Infrastructure Act 1994, schedule 6.
light rail manager, for a light rail, see the Transport Infrastructure Act 1994, schedule 6.
light rail operator, for a light rail, see the Transport Infrastructure Act 1994, schedule 6.
limited suspension ...
local area retailer, for chapter 4, part 2A, see section 92.
major grid ...
Market Code ...
market customer ...
measurement method ...
mediated agreement ...
member entity ...
membership fee ...
meter see section 16A.
Mount Isa-Cloncurry supply network ...
nameplate capacity ...
National Electricity (Queensland) Law has the meaning given in the Electricity—National Scheme (Queensland) Act 1997.
National Electricity Rules or Rules has the meaning given in the National Electricity (Queensland) Law.
National Electricity Tribunal ...
National Energy Retail Rules has the meaning given by the NERL (Qld).
national grid has the meaning given in the National Electricity Rules.
national metering identifier means a NMI under the National Electricity Rules.
NECA ...
negotiated connection contract ...
negotiated customer connection contract ...
negotiated customer sale contract ...
negotiated retail contract ...
negotiated sale and connection contract ...
NEM load ...
NEMMCO ...
NERL (Qld) see the National Energy Retail Law (Queensland) Act 2014, section 3.
net GST effect, for providing a customer retail service, see section 90(6)(b).
network control see section 9.
network services see section 10.
NMI premises—
1A premises, part of a premises or a group of premises is an NMI premises if—(a)it is, or is proposed to be, connected to a distribution entity’s supply network that is part of the national grid and the premises has, or is proposed to have, a connection point; or(b)it is, or is proposed to be, connected to a distribution entity’s supply network that is not part of the national grid and the premises has, or is proposed to have, a supply point for the delivery of electricity.
2However, the term does not include premises of an excluded customer.
non-contestable customer ...
non-liable load ...
non-market customer ...
notice ...
notified prices, for a retail entity, see section 90(4).
obligated supplier ...
obligation to supply ...
occupier ...
official ...
on a road, railway land or other place includes in, under or over.
on-supplier see section 20.
on-supplier’s premises see section 20.
on-supply agreement ...
operating works see section 12(3).
penalty imposition day ...
permissible use ...
place includes premises and a place on or in waters or on land, but does not include a boat or other vehicle.
planning instrument ...
planning scheme ...
planning scheme maps ...
pool ...
power station ...
power system ...
premises—
1premises includes—(a)a building or other structure; and(b)a part of a building or other structure; and(c)land where a building or other structure is situated.
2premises, of a customer, means premises owned or occupied by the customer.
prescribed credit amount see section 44A(1)(b).
prescribed percentage ...
prescribed renewable energy source ...
prescribed retail entity ...
prescribed retailer see section 92.
price determination see section 89A.
pricing entity, for chapter 4, part 2, see section 89A.
prohibited interest means—
(a)a prescribed interest that an electricity entity must not hold in a prescribed authority, a prescribed entity, a prescribed person or a prescribed thing under section 264; or
(b)a prohibited interest under schedule 2, section 3B.
proponent ...
prospective on-supplier ...
prospective receiver ...
protected area means a protected area under the Nature Conservation Act 1992, and includes an area that is, or includes, a critical habitat identified in a conservation plan under the Act.
public entity means—
(a)a government entity within the meaning of the Government Owned Corporations Act 1993; or
(b)a local government.
publicly controlled place means any place under the control of a public entity that the public is entitled to use, is open to the public, or used by the public, whether or not on payment of money, but does not include an area declared under the regulations not to be a publicly controlled place.
Example—
a road or reserve under the control of a public entity
public place means any place that the public is entitled to use, is open to the public, or used by the public, whether or not on payment of money.
QCA means the Queensland Competition Authority established under the QCA Act.
QCA Act means the Queensland Competition Authority Act 1997.
QCA code objective see section 120G(1).
QCAT information notice means a notice complying with the QCAT Act, section 157(2).
QESIESS see section 280(2).
QETC means Queensland Electricity Transmission Corporation Limited ACN 078 849 233.
QGC means Queensland Generation Corporation.
QTSC means Queensland Transmission and Supply Corporation.
qualifying customer means a customer whose annual consumption at a premises is, or is estimated by the relevant distributor to be, less than 100MWh.
qualifying generator means a small photovoltaic generator that—
(a)is installed at the premises of a qualifying customer in a way that allows electricity generated by the generator to be first used by the qualifying customer and, if not used by the qualifying customer, supplied to a supply network; and
(b)complies with any safety or technical requirements prescribed under a regulation.
Queensland grid code means the Code of Conduct for the Interconnected Queensland Network first published by the department on 28 November 1994.
Queensland system means the interconnected power system that is connected to and includes the 275kV transmission grid in Queensland.
Queensland System Operator ...
railway land means land in which a railway operator has an interest.
railway operator see the Transport Infrastructure Act 1994, schedule 6.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reassessment ...
receiver, see section 20.
recognised program ...
referrer ...
regional system control see section 7.
registered owner ...
Registered participant has the meaning given in the National Electricity (Queensland) Law.
registration ...
regulator see section 62.
related group entity means an entity that is—
(a)a related body corporate, of a State electricity entity, within the meaning of the Corporations Act, section 50; or
(b)a subsidiary of a GOC that is a related body corporate mentioned in paragraph (a).
relevant body corporate means—
(a)a body corporate established under a following Act for premises—•Body Corporate and Community Management Act 1997•Integrated Resort Development Act 1987•Mixed Use Development Act 1993•Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980•Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984•Sanctuary Cove Resort Act 1985; or
(b)a body corporate for a leasehold building units plan established under the South Bank Corporation Act 1989 for the premises the subject of the plan.
relevant planning scheme ...
relevant qualifying customer see section 92.
relevant small customer ...
relevant supply period means a period for which an account has been issued by a retail entity for the supply of electricity to a small customer.
relevant tariff year ...
repealed Act, for chapter 14, see section 269.
residence means a structure or a part of a structure where a person resides.
residential customer means a customer who purchases electricity principally for personal, household or domestic use at premises.
retail area ...
retail authority ...
retail contract ...
retail entity ...
retailer means a retailer under the NERL (Qld), that sells electricity to a customer in Queensland.
retailer of last resort scheme ...
retail obligation ...
retail services application ...
reviewer ...
road authority means—
(a)for a State-controlled road under the Transport Infrastructure Act 1994—the chief executive under the Act; or
(b)for another road—the local government or other person having control or management of the road.
scheme participant ...
scheme participant register ...
self-assessment report ...
sell includes—
(a)sell by wholesale, retail or auction; and
(b)agree, attempt or offer to sell; and
(c)possess, expose or advertise for sale; and
(d)cause or permit to be sold; and
(e)give away or swap.
service quality standard ...
significant project ...
small customer see section 23(3).
small grid ...
small photovoltaic generator means a photovoltaic system with a total rated inverter capacity up to—
(a)the amount prescribed under a regulation; or
(b)if no amount is prescribed—5 kilowatts.
special approval see section 58.
special approval holder see section 57.
special conditions ...
spot market ...
standard accreditation conditions ...
standard connection contract ...
standard contract customer means a customer who—
(a)receives a customer retail service under—(i)a standard retail contract under the NERL (Qld); or(ii)a standard retail contract (card-operated meters) under the NERL (Qld); or(iii)a large customer standard retail contract under the NERL (Qld); or
(b)is subject to—(i)a deemed customer retail arrangement under the NERL (Qld); or(ii)a deemed large customer retail arrangement under the NERL (Qld).
standard customer connection contract ...
standard customer sale contract ...
standard large customer retail contract ...
standard retail contract ...
state includes describe.
State authorised supplier ...
State development exemption ...
State electricity entity means—
(a)an electricity entity that is a GOC, a GOC subsidiary or a government company; or
(b)an entity that is a GOC, a GOC subsidiary or a government company if—(i)the activities of the entity relate to the electricity industry, or the national electricity market within the meaning of the National Electricity (Queensland) Law; and(ii)the entity is declared by regulation to be a State electricity entity; or
(c)Ergon Energy Retail.
Statewide newspaper means a newspaper circulating generally throughout the State.
statutory GOC ...
street lighting customer ...
subsidiary of a GOC has the same meaning as in the GOC Act.
substantive traceable link ...
substation see section 12(2).
supply area ...
supply entity ...
supply entity authority ...
supply network see section 8.
surrender application ...
system control ...
system control entity ...
System Operator has the meaning given in the National Electricity Rules.
take electricity includes waste, divert and use.
tariff includes fee or charge.
tariff year means—
(a)if, under a regulation, a period is prescribed—the prescribed period; or
(b)otherwise—a financial year.
trade or commerce ...
trading arrangements means arrangements about trading in electricity under this Act or the National Electricity Rules by electricity entities, customers, electricity brokers and other persons.
trading arrangements ...
transfer day ...
transmission authority see section 30.
transmission entity see section 29.
transmission grid see section 6.
transmission zone ...
unlawfully means without authority under this Act or other legal authority, justification or excuse.
Example of legal authority—
a person does something in relation to property with the owner’s consent
used for includes used in, intended for use for or in, or capable of being used for or in.
user-pays fee ...
valid ...
vintage year ...
voltage see section 17.
warning notice—
(a)for chapter 5, part 1A, division 6—see section 120S(1); or
(b)for chapter 5, part 5, division 1—see section 135AC(1).
warning period see section 135AD(1)(c).
weapon has the same meaning as in the Weapons Act 1990.
wilfully means—
(a)intentionally; or
(b)recklessly; or
(c)with gross negligence.
works see section 12(1).
Attachment Extracts from other legislation referred to in the Act
Gladstone Power Station Agreement Act 1993
2 Definitions
In this Act—State agreement means the agreement made under section 3, and the agreement as amended by a further agreement under section 5 or 6.transaction document has the meaning given in the State agreement.Editor’s note—
These definitions are referred to in section 287A of this Act.
Schedule 1 State agreement
1 Definitions
In this Agreement, unless the context otherwise requires or indicates—Transaction Document means each of—(a)any Capacity Purchase Agreement; and(b)the Interconnection and Power Pooling Agreement; and(c)the Power Station Sale Agreement; and(d)the Ash Management Agreement; and(e)the Rail Haulage Agreement; and(f)the Curragh On-Sale Contract; and(g)the Seawater Usage Agreement; and(h)the Refurbishment and Testing Deed; and(i)the Inter Creditor Deed; and(j)the Participants Charge; and(k)the Callide Assignment Deed or the Callide On-Sale Contract, whichever is entered into; and(l)any permitted variations of any of the documents mentioned in paragraphs (a) to (k).
Telecommunications Act 1997 (Cwlth)
7 Definitions
In this Act, unless the contrary intention appears:carriage service means a service for carrying communications by means of guided and/or unguided electromagnetic energy.content service has the meaning given by section 15.Editor’s note—
These definitions are referred to in section 116B of this Act.
15 Content service
(1)For the purposes of this Act, a content service is:(a)a broadcasting service; or(b)an on-line information service (for example, a dial-up information service); or(c)an on-line entertainment service (for example, a video-on-demand service or an interactive computer game service); or(d)any other on-line service (for example, an education service provided by a State or Territory government); or(e)a service of a kind specified in a determination made by the Minister for the purposes of this paragraph.(2)The Minister may make a written determination for the purposes of paragraph (1)(e).(3)A determination made for the purposes of paragraph (1)(e) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
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Citations
Electricity Act 1994 (Qld)
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