Electricity Act (NT)
NORTHERN TERRITORY OF AUSTRALIA
ELECTRICITY ACT
As in force at 15 March 2000
NORTHERN TERRITORY OF AUSTRALIA
This reprint shows the Act as in force at 15 March 2000. Any amendments that commence after that date are not included.
ELECTRICITY ACT
An Act to control the generation and the safe use of electricity
This Act may be cited as the
This Act shall come into operation on 1 July 1978.
In this Act unless the contrary intention appears:
Parts III and IV of this Act do not apply to a mine within the meaning of the
(4) The Authority may, at the expense of a consumer, install electrical reticulation equipment on the premises of the consumer upon such terms and conditions as may be agreed between the Authority and the consumer.
(5) The Authority or a licensee with the consent of the Authority may enter into agreements with persons permitting those persons to re-sell electricity supplied by the Authority or the licensee, as the case may be.
(1) A person authorized by the Authority to act under this section or an inspector may, at all reasonable times, with or without workmen under his supervision, enter upon any land or premises:
(a) to which electricity is being, has been or will be supplied by the Authority or a licensee, or through which electricity of the Authority is being or has been conducted, for the purposes of inspecting, testing, obtaining information from, repairing, replacing or removing any electrical installation, apparatus, equipment or thing, the property of the Authority;
(b) on which electricity is capable of being generated or to which electricity is being, has been or will be supplied by a person other than the Authority for the purposes of inspecting and testing any electrical installation, apparatus, equipment or thing used in the generation, storage, reticulation or consumption of electricity; or
(c) from which equipment or things that are used in the generation, reticulation or consumption of electricity are sold for the purposes of inspecting and testing that equipment or those things.
(2) A person who enters upon land or premises in pursuance of subsection (1) is not authorized to remain on the land or premises if, on request by the occupier of the land or premises, he does not produce:
(a) his electrical inspector’s identification card;
(b) a certificate in writing in a form approved by the Authority stating that he is authorized by the Authority to act under this section; or
(c) where the person is a workman, the person supervising the workman does not produce:
(i) the supervisor’s electrical inspector’s identification card; or
(ii) a certificate in writing in a form approved by the Authority stating that the supervisor is authorized by the Authority to act under this section.
(3) A person shall not, without reasonable excuse, obstruct a person acting in accordance with this section.
Penalty: $1,000.
(1) Subject to this section the Authority may, in the exercise of its powers, enter upon any road and subject to its carrying out adequate safety precautions, temporarily close the road for the purposes of carrying out construction of, maintenance on or repairs to apparatus, equipment or thing used in the reticulation of electricity by causing:
(a) fences or barriers to be erected on or across the road or a part of the road; and
(b) a notice to be published in the
Gazette at least 7 days before the road is to be temporarily closed, prohibiting the passage of vehicles, horses and cattle over the road or part of the road described in that notice.
(2) Where, by reason of an emergency, it is impracticable for the Authority to cause the notice to be published at least 7 days before the road is to be temporarily closed, the Authority may temporarily close the road or part of the road by causing barriers to be erected on or across the road or part of the road and causing warning signs to be erected at a reasonable distance from the boundaries of the closed section of the road.
(3) A person shall not unlawfully remove, deface or wilfully destroy a warning sign, fence or barrier erected in pursuance of this section.
Penalty: $1,000.
(4) The Authority may temporarily close a road or a part of a road under subsection (2) for a maximum period of 14 days.
(5) Where the Authority exercises its powers under subsection (2) it shall report the temporary closure within 7 days of the commencement of the closure to the Minister.
(1) The Chief Executive Officer may appoint an employee having qualifications prescribed by the by-laws to be an electrical inspector.
(2) The Chief Executive Officer may appoint an inspector appointed under the
Mine Management Act , who is, in the opinion of the Chief Executive Officer, suitably qualified, to be an electrical inspector.(3) The Chief Executive Officer may revoke the appointment of an electrical inspector.
(4) A person appointed under this section shall be issued with an identification card by the Chief Executive Officer in a form approved by the Chief Executive Officer.
(1) An inspector shall:
(a) inspect or test, as required by the Chief Executive Officer, any electrical installation, apparatus, equipment, implement or thing used or capable of being used in the generation, storage, reticulation or consumption of electricity;
(b) examine and test electricity meters; and
(c) perform such other duties as are required of him by the Chief Executive Officer.
(2) An inspector shall produce his electrical inspector’s identification card when reasonably requested to do so by a person who owns, or has in his possession, any electrical installation, apparatus, equipment or thing which the inspector has requested to be produced for inspection or testing in pursuance of a power under this Act.
(3) An inspector shall, at the request of the Electrical Workers and Contractors Licensing Board within the meaning of the
Electrical Workers and Contractors Act , report to that Board on the electrical workmanship of any person.
The Authority may make by-laws prohibiting the sale or exposure or advertising for sale or hire of any class, description or type of wire, cable, appliance, fitting, meter, insulator, apparatus, equipment or thing which is intended, suggested or designed for use in the generation, storage, reticulation or consumption of electricity or otherwise intended, suggested or designed for use in any electrical installation.
(1) The Authority may, from time to time, cause any electrical installation, apparatus, equipment or thing used in the generation, storage, reticulation or consumption of electricity to be inspected and tested for the purpose of determining whether that electrical installation, apparatus, equipment or thing can be used with safety.
(2) Where the Authority is satisfied that any electrical installation, apparatus, equipment or thing cannot be used with safety, it may by order, prohibit the use or sale of that installation, apparatus, equipment or thing, as the case may be, until such time as the Authority is satisfied that it is no longer unsafe.
(3) Where any electrical installation, apparatus, equipment or thing referred to in subsection (1) consists of several component parts, the Authority, if it is satisfied that it is safe to do so, may order that a part of that installation, apparatus, equipment or thing, as the case may be, be used or sold while prohibiting the use or sale of another component part.
(4) The Authority may, in an order issued under this section, specify a reasonable period of time in which the owner or such other person who may have possession or control of the electrical installation has to repair or otherwise make safe the electrical installation, or the part of it, specified in the order.
(5) The Authority may, upon or after the expiration of the period specified in an order issued under this section cause an electrical installation or a part of the electrical installation to be disconnected where that electrical installation or part of it, which had been specified in the order, is found to be unsafe.
(6) A person shall not knowingly use an electrical installation, apparatus, equipment or thing, or suffer or permit it to be used, in contravention of an order made under this section.
Penalty: $1,000 or 12 months imprisonment.
(7) A person shall not sell an electrical installation, apparatus, equipment or thing, or suffer or permit it to be sold, in contravention of an order under this section.
Penalty: $1,000 or 12 months imprisonment.
(1) A person may request the Authority to test an electrical installation, apparatus, equipment or thing owned by or under the control of that person and that is used in the generation, storage, reticulation or consumption of electricity.
(2) The Authority may charge a prescribed fee for an inspection made pursuant to a request made under subsection (1).
(1) Where a person requests the Authority to do so, upon payment of the prescribed fee the Authority shall test a meter which is used by the Authority or an agent of the Authority to determine the quantity of electricity consumed by that person.
(2) Where the meter tested under subsection (1) is found to be accurate, the fee deposited pursuant to subsection (1) shall be forfeited to the Authority.
(3) Where the meter tested under subsection (1) is found to be inaccurate, the fee deposited pursuant to that subsection shall be refunded to the person who made the request.
(1) The Authority may appoint a person who is a party to an agreement with the Authority as a licensee to generate, store, reticulate and sell electricity for use in an area.
(2) A licensee may sell electricity in accordance with the terms of his agreement with the Authority.
(3) Where a licensee breaches a term or condition of an agreement referred to in this section, the Authority may cancel the agreement and withdraw the licence without further notice.
(1) The Authority may make by-laws not inconsistent with this Act for those matters specifically referred to in this Act and further may make by-laws:
(c) for prescribing the conditions of orders made under section 22;
(e) for prescribing and regulating standards of safety in construction, operation, maintenance and use of electrical installations, apparatus, equipment or thing used in the generation, storage, reticulation and consumption of electricity;
(f) for regulating the supply of, including connection to and disconnection from, electricity supplied by the Authority or an agent of the Authority; and
(g) for providing for penalties not exceeding $500 for a breach of the by-laws.
(2) The by-laws may adopt any standard code or procedure laid down by the Standards Association of Australia or any other authority approved by the Authority in relation to the construction, maintenance or operation of plant or machinery, the carrying out of processes or any other matter or thing within the functions of the Authority and thereupon compliance with the relevant provisions of this Act or the by-laws or of any order under this Act.
(3) In adopting a standard code or procedure under subsection (2), the by-laws may adopt it subject to such modifications, conditions or restrictions as are prescribed in the by-laws.
(1) Subject to this Act, a person shall not sell electricity.
Penalty: $2,000.
(2) The Authority may sell electricity.
(3) A licensee may sell electricity subject to the terms of the agreement entered into between him and the Authority.
(4) Where the Authority enters into an agreement with a person for the re-sale of electricity, the person may re-sell the electricity subject to the terms of the agreement.
(5) A person may sell electricity to the Authority.
A person who:
(a) wilfully or fraudulently:
(i) injures or suffers to be injured an electric line or any pillar, post, lamp, meter, sealing device, fitting, insulator, apparatus or works connected with or relating to the generation, storage, reticulation or consumption of electricity by the Authority or a licensee of the Authority;
(ii) alters the index of a meter; or
(iii) prevents a meter from duly registering the quantity of electricity supplied; or
(b) fraudulently abstracts, causes to be wasted or diverted, consumes or uses electricity supplied by the Authority or a licensee of the Authority,
is guilty of an offence and is liable upon being found guilty to a penalty of $1,000 or imprisonment for 12 months.
(1) A person shall not:
(a) use, consume, waste or divert electricity generated by the Authority or a licensee; or
(b) use any electrical installation, equipment, apparatus or thing owned by the Authority or a licensee,
except with the consent of the Authority or a licensee.
Penalty: $1,000.
(2) A person who is found guilty of an offence against subsection (1) shall, for each such offence, forfeit and pay to the Authority or a licensee, as the case may be, such sum as the court considers reasonable by way of damages.
(3) Subsection (2) shall not affect any other right or remedy for the protection of the Authority, the licensee or the punishment of the offender.
(4) The existence of artificial means for causing the alteration of the index of a meter, or for preventing a meter from duly registering the quantity of electricity supplied, or for abstracting, wasting, diverting or using electricity supplied by the Authority or the licensee, when the meter is in the custody or control of the consumer, is prima facie evidence that the alteration, prevention, abstraction, waste, diversion, consumption or use, as the case may be, has been fraudulently, knowingly and wilfully caused by the consumer.
(1) The Minister may, from time to time, by notice in the
Gazette , fix or vary the charges that are payable to the Authority or a licensee for or in relation to the supply of electricity and, in the same or a subsequent notice, may specify the method by which a charge shall be calculated in respect of a charge period during which the charges are fixed or varied.(2) A notice under subsection (1) may specify different charges for or in relation to the supply of electricity for different uses, different users or classes of users, in different localities or in different circumstances.
(3) A person to whom electricity is supplied or a service is provided by the Authority or a licensee is liable to make payment to the Authority or the licensee, as the case may be, in accordance with a notice under subsection (1).
(4) The foregoing provisions of this section apply to all charges payable to the Authority or a licensee for or in relation to the supply of electricity except to the extent that a contract or agreement in writing, entered into by the Authority in pursuance of its powers under the
Power and Water Authority Act , expressly otherwise provides.
(1) The Minister may, by notice in the
Gazette , declare an area to be an electricity supply distribution extension area.(2) Where, under subsection (1), the Minister declares an area to be an electricity supply distribution extension area, the owner of each parcel of land within that area is liable to pay to the Authority in respect of that land, in accordance with a determination under section 15(2)(c) of the
Power and Water Authority Act , and an agreement, if any, entered into by him with the Authority, relating to the conditions upon or subject to which electricity will be supplied by the Authority for consumption on the land, the amount prescribed in that determination, notwithstanding that the owner does not elect to have electricity supplied by the Authority for consumption on that land.(3) The balance from time to time outstanding of an amount prescribed in a determination referred to in subsection (2) is an overriding statutory charge, within the meaning of the
Real Property Act , on the parcel of land.(4) The owner of a parcel of land who is liable as referred to in subsection (2) shall not transfer the land to another person unless he has first paid to the Authority the amount of that liability outstanding at the date of the transfer and, for the purposes of calculating that liability, any amount payable in accordance with the determination or agreement referred to in that subsection shall become due and payable in full immediately before the proposed transfer notwithstanding that, but for this subsection, it would not become due and payable until a later date.
(5) In this section,
parcel of land means the whole of the land the subject of a separate certificate as to title registered under theReal Property Act .
(1) Where:
(a) electricity is supplied to a consumer otherwise than through a meter;
(b) the meter through which electricity is supplied to a consumer is found to be inaccurate, otherwise not functioning properly or has been destroyed or damaged; or
(c) the Authority or a licensee is prevented from reading a meter which records the amount of electricity consumed,
the Authority may assess the amount of electricity used by the consumer and the consumer is thereupon liable to pay at the rates prescribed for the amount of electricity so assessed.
(2) The Authority may delegate by instrument in writing its power under this section.
(3) A power delegated under this section may be exercised by the delegate in accordance with the instrument of delegation, and, when so exercised, shall, for the purposes of this Act, be deemed to have been exercised by the Authority.
(4) A delegation under this section is revocable at will and does not prevent the exercise of the power by the Authority.
(1) The Authority or a licensee of the Authority shall not be liable for damages arising out of a failure to supply electricity.
(2) The Authority shall not be liable for damages for supplying electricity by an irregular or fluctuating voltage.
This Act binds the Crown.
(1) The Administrator may make regulations not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
(2) Regulations may provide for penalties not exceeding $500 for breach of the Regulations.
(1) Notwithstanding the repeal of the
Electricity Supply Regulations any agreement existing immediately before that repeal between a consumer and the Administrator under those regulations shall continue in force as though the agreement had been made with the Authority.(2) All rights and liabilities under an agreement referred to in subsection (1) shall continue in force as though the
Electricity Supply Regulations had not been repealed.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 20 June 1978 |
Commenced | 1 July 1978 (s 2) |
Assent date | 5 September 1978 |
Commenced | 5 September 1978 |
Assent date | 13 July 1979 |
Commenced | 13 July 1979 |
Assent date | 10 September 1979 |
Commenced | 12 October 1979 (s 3, s 2 |
Assent date | 15 October 1979 |
Commenced | 15 October 1979 |
Assent date | 14 January 1980 |
Commenced | 8 February 1980 ( |
Assent date | 14 January 1980 |
Commenced | 26 June 1981 (s 3, s 2 |
Assent date | 20 July 1981 |
Commenced | 20 July 1981 |
Assent date | 21 September 1981 |
Commenced | 21 September 1981 |
Assent date | 12 February 1982 |
Commenced | 12 February 1982 |
Assent date | 29 March 1982 |
Commenced | 29 March 1982 |
Assent date | 26 May 1985 |
Commenced | 4 July 1985 ( |
Assent date | 26 June 1985 |
Commenced | 26 June 1985 |
Assent date | 18 September 1985 |
Commenced | 18 September 1985 |
Assent date | 19 September 1986 |
Commenced | 19 September 1986 |
Assent date | 30 December 1986 |
Commenced | 30 December 1986 |
Assent date | 25 June 1987 |
Commenced | 1 July 1987 (s 2, s 2 |
Assent date | 14 September 1988 |
Commenced | 14 September 1988 |
Assent date | 2 October 1989 |
Commenced | 2 October 1989 |
Assent date | 25 June 1991 |
Commenced | 1 October 1991 ( |
Assent date | 18 March 1993 |
Commenced | 18 March 1993 |
Assent date | 30 June 1993 |
Commenced | 1 July1993 |
Assent date | 19 August 1993 |
Commenced | 19 August 1993 |
Assent date | 23 November 1993 |
Commenced | 1 October 1994 (s 2, s 2 |
Assent date | 16 March 1994 |
Commenced | 13 May 1994 ( |
Assent date | 19 April 1996 |
Commenced | s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 |
Assent date | 31 August 1999 |
Commenced | 15 March 2000 ( |
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 5
4 LIST OF AMENDMENTS
lt amd No. 13, 1981, s 7; No. 21, 1987, s 4
s 1 amd No. 58, 1978, s 4; No. 13, 1981, s 7; No. 21, 1987, s 5
s 2 amd No. 13, 1981, s 7
s 3 amd No. 101, 1979, s 4; No. 13, 1981, s 7; No. 63, 1981, s 2; No. 21, 1987, s 6; No. 28, 1993, s 3; No. 6, 1994, s 7; No. 41, 1999, s 3
s 3A ins No. 13, 1981, s 4
amd No. 6, 1993, s 8
pt II hdg amd No. 21, 1987, s 8
s 4 amd No. 101, 1979, s 5; No. 13, 1981, s 7
rep No. 21, 1987, s 7
s 5 amd No. 120, 1979, s 3; No. 9, 1980, s 6; No. 28, 1985, s 9
rep No. 21, 1987, s 7
s 6 amd No. 28, 1985, s 9
rep No. 21, 1987, s 7
ss 7 – 11 rep No. 21, 1987, s 7
s 12 amd No. 13, 1981, s 7
rep No. 21, 1987, s 7
s 13 amd No. 79, 1979, s 3; No. 4, 1982, s 3
rep No. 21, 1987, s 7
s 14 amd No. 79, 1979, s 4; No. 101, 1979, s 6; No. 13, 1981, s 7; No. 4, 1982, s 3; No. 30, 1986, s 2; No. 21, 1987, ss. 7 and 8
s 15 amd No. 13, 1981, s 7; No. 21, 1987, s 8
s 16 amd No. 14, 1981, s 7; No. 21, 1987, s 8
s 17 amd No. 13, 1981, s 7; No. 63, 1981, s 2
rep No. 21, 1987, s 8
s 18 amd No. 13, 1981, s 7
rep No. 21, 1987, s 7
ss 18A – 18D ins No. 73, 1986, s 3
rep No. 21, 1987, s 7
s 19 amd No. 13, 1981, s 5; No. 21, 1987, s 8; No. 6, 1993, s 8; No. 28, 1993, s 3; No. 41, 1999, s 4
s 20 amd No. 13, 1981, s 7; No. 21, 1987, s 8; No. 41, 1999, s 5
s 21 amd No. 21, 1987, s 8
s 22 amd No. 13, 1981, s 7; No. 4, 1982, s 3; No. 21, 1987, s 8
s 23 and No. 95, 1979, s 10; No. 21, 1987, s 8
s 24 amd No. 4, 1982, s 3; No. 21, 1987, s 8
s 25 amd No. 21, 1987, s 8
s 26 amd No. 13, 1981, ss. 6 and 7; No. 21, 1987, s 8
s 27 amd No. 13, 1981, s 7; No. 21, 1987, s 8
s 28 amd No. 13, 1981, s 7; No. 4, 1982, s 3; No. 21, 1987, s 8; No. 17, 1996, s 6
s 29 amd No. 13, 1981, s 7; No. 21, 1987, s 8; No. 17, 1996, s 6
s 30 amd No. 77, 1981, s 2
sub No. 6, 1982, s 3
amd No. 21, 1987, s 8; No. 37, 1988, s 2; No. 33, 1993, s 2
s 30A ins No. 17, 1985, s 4
amd No. 21, 1987, s 8; No. 60, 1989, s 6; No. 33, 1991, s 7; No. 77, 1993, s 5
s 31 amd No. 21, 1987, s 8
s 31A ins No. 28, 1985, s 9
amd No. 42, 1985, s 2
rep No. 21, 1987, s 8
s 32 amd No. 120, 1979, s 4; No. 21, 1987, s 8
s 33 amd No. 13, 1981, s 7
rep No. 21, 1987, s 8
ss 34 – 36 rep No. 21, 1987, s 8
s 37 amd No. 13, 1981, s 7
rep No. 21, 1987, s 8
ss 38 – 39 amd No. 13, 1981, s 7
s 40 amd No. 21, 1987, s 8
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