Electricity Amendment Act 2004 (Qld)
Case
No judgment structure available for this case.
Queensland Electricity Amendment Act 2004 Act No. 50 of 2004
Queensland Electricity Amendment Act 2004 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Amendment of s 64A (Annual levy) . . . . . . . . . . . . . . . . . . . . . . . 14 5 Insertion of new ss 113A and 113B . . . . . . . . . . . . . . . . . . . . . . . 14 113A Authority to transmit over land . . . . . . . . . . . . . . . . . . 14 113B Authority to supply over land . . . . . . . . . . . . . . . . . . . 15 6 Amendment of s 114 (Compensation payable by electricity entity for damage etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 7 Amendment of s 117 (Resolution of certain disputes between electricity entities or between electricity entities and public entities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8 Amendment of s 119 (Regulator’s role in disputes between electricity entity and customers or occupiers) . . . . . . . . . . . . . . . 16 9 Amendment of s 120ZE (Notice of referral to parties to dispute) . 16 10 Amendment of s 120ZS (Giving notice of referral to parties to dispute) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11 Amendment of s 120ZZC (Party, other than electricity entity, to advise whether order accepted) . . . . . . . . . . . . . . . . . . . . . . . . 16 12 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Chapter 5A 13% gas scheme Part 1 Introduction Division 1 Purposes of chapter 135A Main purposes of ch 5A . . . . . . . . . . . . . . . . . . . . . . . 17 135AA How main purposes are achieved . . . . . . . . . . . . . . . 17 Division 2 Definitions for ch 5A 135AB Power stations and their nameplate capacity . . . 18 135AC Who is the economic operator of a power station . . . 20 135AD What is eligible fuel . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2 Electricity Amendment Act 2004 No. 50, 2004 135AE What is auxiliary load for a power station . . . . . . . . . . 135AF What is a major grid and a small grid . . . . . . . . . . . . . 135AG What is a substantive traceable link to a major grid 135AH What is a direct supply arrangement . . . . . . . . . . . . . 135AI What is an electricity load. . . . . . . . . . . . . . . . . . . . . . 135AJ Who are the baseline customers of a power station. . 135AK Other definitions for ch 5A . . . . . . . . . . . . . . . . . . . . . Part 2 Accreditation Division 1 Applying for and obtaining accreditation 135AL Who may apply for accreditation . . . . . . . . . . . . . . . . 135AM Requirements for application . . . . . . . . . . . . . . . . . . . 135AN Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 135AO Provisions for deciding ancillary matters for power station . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135AP Provisional decision to grant. . . . . . . . . . . . . . . . . . . . 135AQ Steps after deciding application . . . . . . . . . . . . . . . . . 135AR Term of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 135AS Withdrawal of nomination to be accredited generator Division 2 Accredited generator’s rights 135AT Right to create, mortgage and transfer GEC . . . . . . . Division 3 Standard accreditation conditions 135AU Operation of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135AV Obligation to give information when GEC created . . . 135AW Obligation to keep documents used for GEC creation 135AX Compliance with directions by regulator. . . . . . . . . . . 135AY Condition not to improperly create GECs. . . . . . . . . . 135AZ Notice to regulator of particular matters . . . . . . . . . . . 135B Periodic GEC reviews. . . . . . . . . . . . . . . . . . . . . . . . . 135BA Obligation to take action because of improper creation of GECs or GEC review . . . . . . . . . . . . . . . . 135BB Obligation to keep GEC review documents .... 135BC Access to power station . . . . . . . . . . . . . . . . . . . . . . . 135BD Obligation to provide information for annual loss factor 135BE Annual fee and return. . . . . . . . . . . . . . . . . . . . . . . . . 135BF Obligation to keep documents used to make annual return ............................... 135BG Conditions imposed under a regulation . . . . . . . . . . . 135BH Amounts payable under chapter or accreditation . . . . 22 22 23 23 23 24 24 28 29 30 31 32 32 33 33 34 35 35 35 36 36 36 36 37 38 38 38 38 39 39 39
3 Electricity Amendment Act 2004 No. 50, 2004 135BI Accreditation conditions must not be contravened . . . Division 4 Dealings with accreditation Subdivision 1 Transfers 135BJ Transfer only by application . . . . . . . . . . . . . . . . . . . . 135BK Applying for transfer . . . . . . . . . . . . . . . . . . . . . . . . . . 135BL Deciding transfer application . . . . . . . . . . . . . . . . . . . Subdivision 2 Surrenders 135BM Applying to surrender . . . . . . . . . . . . . . . . . . . . . . . . . 135BN Deciding surrender application. . . . . . . . . . . . . . . . . . 135BO Effect of surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Amendment, cancellation and suspension of accreditation Subdivision 1 Amendment by application 135BP Applying for amendment. . . . . . . . . . . . . . . . . . . . . . . 135BQ Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Amendment by regulator without proposed action notice 135BR Amendments for which proposed action notice not required ............................. Subdivision 3 Other amendments, cancellation and suspension 135BS Partial suspension for non-payment of annual fee . . . 135BT Regulator’s power to amend, cancel or suspend . . . . 135BU Conditions for other amendments and for cancellation or suspension by regulator . . . . . . . . . . . 135BV Notice of proposed action. . . . . . . . . . . . . . . . . . . . . . 135BW Considering submissions . . . . . . . . . . . . . . . . . . . . . . 135BX Decision on proposed action . . . . . . . . . . . . . . . . . . . 135BY Notice and taking of effect of proposed action decision 135BZ Effect of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . 135C Final return on cancellation . . . . . . . . . . . . . . . . . . . . Part 3 Eligible gas–fired electricity Division 1 Working out eligible gas-fired electricity Subdivision 1 Preliminary 135CA Operation of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Power stations with nameplate capacity of more than 500 kW 135CB Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 135CC General method . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 40 40 40 41 41 42 42 42 43 43 44 45 46 46 47 47 48 48 48 49 49
4 Electricity Amendment Act 2004 No. 50, 2004 135CD Alternate methods for direct supply arrangement . . . 135CE Adjustment for general method if a direct method used 135CF Directions for working out eligible gas-fired electricity Subdivision 3 Power stations with nameplate capacity of 500 kW or less 135CG Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 135CH Power to prescribe method. . . . . . . . . . . . . . . . . . . . . 135CI Obtaining approval to use method for working out . . . 135CJ Methods that otherwise apply. . . . . . . . . . . . . . . . . . . Division 2 Eligible electricity guidelines 135CK Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135CL Publication of guidelines. . . . . . . . . . . . . . . . . . . . . . . Division 3 Queensland usage factors 135CM Annual QUFs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135CN Baseline QUFs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135CO Transmission zones . . . . . . . . . . . . . . . . . . . . . . . . . . 135CP Power stations connected to national grid within same transmission zone . . . . . . . . . . . . . . . . . . . . . . 135CQ QUFs may be differential as to time . . . . . . . . . . . . . . Division 4 Loss factors 135CR Annual loss factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135CS Baseline loss factor . . . . . . . . . . . . . . . . . . . . . . . . . . 135CT Provisions for working out loss factors . . . . . . . . . . . . 135CU Publication of loss factors. . . . . . . . . . . . . . . . . . . . . . Division 5 Baselines for baseline customers Subdivision 1 Introduction 135CV What is a power station’s baseline for a baseline customer ............................ 135CW Purpose of baseline . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Baseline for existing baseline customers 135CX Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 135CY General method for working out baseline. . . . . . . . . . 135CZ Alternate method for direct supply arrangement . . . . 135D Information notice about decision. . . . . . . . . . . . . . . . Subdivision 3 Baseline for other baseline customers 135DA Baseline for other customers . . . . . . . . . . . . . . . . . . . Subdivision 4 Changes to baseline 135DB Cessation of supply . . . . . . . . . . . . . . . . . . . . . . . . . . 50 51 51 52 52 52 53 53 53 53 54 54 55 56 56 56 57 57 58 58 58 59 60 61 61 62
5 Electricity Amendment Act 2004 No. 50, 2004 135DC Adjustment for customer transfer to another accredited power station . . . . . . . . . . . . . . . . . . . . . 135DD Adjustment for other customer transfers . . . . . . . . . . Part 4 GECS Division 1 Creation and registration of GECs 135DE Electricity required to create GEC . . . . . . . . . . . . . . . 135DF Prohibition on creation if certificate created under corresponding law . . . . . . . . . . . . . . . . . . . . . . . . . . . 135DG Time limitation on creation right . . . . . . . . . . . . . . . . . 135DH How a GEC is created . . . . . . . . . . . . . . . . . . . . . . . . 135DI When GEC takes effect . . . . . . . . . . . . . . . . . . . . . . . 135DJ Deciding on validity and registration. . . . . . . . . . . . . . 135DK Automatic registration. . . . . . . . . . . . . . . . . . . . . . . . . 135DL Power to register GEC without prescribed fee . . . . . . 135DM Effect of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 135DN Ownership of GEC on registration . . . . . . . . . . . . . . . Division 2 Improper creation or receipt of GECs 135DO Offence of improper creation of GEC . . . . . . . . . . . . . 135DP Defence to proceeding for improper creation of GEC 135DQ Direction to accredited generator to surrender GECs 135DR Improper receipt of invalidly created GEC . . . . . . . . . Division 3 Term of GECs 135DS Automatic expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135DT Surrender and cancellation . . . . . . . . . . . . . . . . . . . . Division 4 Dealings with GECs Subdivision 1 Transfers 135DU Conditions for transfer . . . . . . . . . . . . . . . . . . . . . . . . 135DV Notice and taking effect of transfer . . . . . . . . . . . . . . . 135DW Ownership of GEC on transfer . . . . . . . . . . . . . . . . . . 135DX Market operating rules and arrangements . . . . . . . . . Subdivision 2 Mortgages 135DY Mortgage of GEC . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135DZ Notice of intention to exercise powers under mortgage 135E Consequence of exercising powers under mortgage . Subdivision 3 Surrenders 135EA Surrender only by approval . . . . . . . . . . . . . . . . . . . . 135EB Who may apply for surrender . . . . . . . . . . . . . . . . . . . 62 62 63 63 63 63 64 64 65 66 66 66 67 67 68 68 69 69 69 70 70 71 72 72 72 72 72
6 Electricity Amendment Act 2004 No. 50, 2004 135EC Making surrender application . . . . . . . . . . . . . . . . . . . 135ED Power to accept application without prescribed fee . . 135EE Deciding surrender application. . . . . . . . . . . . . . . . . . Division 5 Amendment, cancellation and suspension of GECs Subdivision 1 Preliminary 135EF Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Immediate suspension 135EG Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Amendment, cancellation or suspension (other than immediate suspension) 135EH Power to amend, cancel or suspend . . . . . . . . . . . . . 135EI Notice of proposed action. . . . . . . . . . . . . . . . . . . . . . 135EJ Considering submissions . . . . . . . . . . . . . . . . . . . . . . 135EK Decision on proposed action . . . . . . . . . . . . . . . . . . . 135EL Notice and taking of effect of proposed action decision Part 5 13% liability Division 1 Preliminary 135EM Simplified explanation of pt 5 . . . . . . . . . . . . . . . . . . . Division 2 The 13% liability Subdivision 1 Imposition of 13% liability in relation to major grids 135EN Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 135EO Liable person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135EP Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135EQ How and when liability must be met . . . . . . . . . . . . . . Subdivision 2 Imposition of 13% liability in relation to small grids 135ER Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 135ES Liable person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135ET How and when liability must be met ........ Subdivision 3 General provisions for 13% liability 135EU GECs that can not be used to meet 13% liability . . . . 135EV Liability not subject to condition of GEC ownership . . 135EW Obligation to keep documents relating to 13% liability Division 3 Civil penalty for not meeting 13% liability 135EX Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 135EY Imposition of civil penalty for not meeting 13% liability 73 73 73 74 75 76 76 77 77 78 79 80 80 80 80 81 81 81 82 82 83 83 83
7 Electricity Amendment Act 2004 No. 50, 2004 135EZ Exemption to allow for meter data revisions or adjustments ......................... 135F Amount of civil penalty . . . . . . . . . . . . . . . . . . . . . . . . 135FA Shortfall charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135FB Interest on unpaid civil penalty . . . . . . . . . . . . . . . . . . 135FC Recovery of unpaid civil penalty and interest .. Division 4 Assessments Subdivision 1 Self-assessment 135FD Self-assessment report . . . . . . . . . . . . . . . . . . . . . . . 135FE Derivative use immunity for self-assessment report. . 135FF Obligation to keep documents used to make self-assessment report . . . . . . . . . . . . . . . . . . . Subdivision 2 Assessments by regulator 135FG Purpose of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135FH Default assessment . . . . . . . . . . . . . . . . . . . . . . . . . . 135FI Reassessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135FJ Compromise assessment. . . . . . . . . . . . . . . . . . . . . . 135FK Amended assessment . . . . . . . . . . . . . . . . . . . . . . . . 135FL Assessments made on available relevant information 135FM Notice of assessment and when it takes effect 135FN Time for assessment by regulator . . . . . . . . . . . . . . . Subdivision 3 Credits and refunds 135FO Credit to future 13% liability for over surrender . . . . . 135FP Regulator to refund overpaid civil penalty and interest Subdivision 4 Evidentiary provisions for assessments 135FQ Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Liable persons in relation to major grids Subdivision 1 Liability hierarchy 135FR Operation of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 135FS Retailer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135FT Special approval holder . . . . . . . . . . . . . . . . . . . . . . . 135FU Specific circumstance generator . . . . . . . . . . . . . . . . 135FV Substantial on-site generator . . . . . . . . . . . . . . . . . . . 135FW Wholesale purchaser from spot market . . . . . . . . . . . Subdivision 2 Resolving disputes about who is the liable person 135FX Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 135FY Referral to regulator . . . . . . . . . . . . . . . . . . . . . . . . . . 84 84 85 86 86 86 87 88 88 88 89 89 90 91 91 91 91 92 92 93 94 94 95 95 96 96 97
8 Electricity Amendment Act 2004 No. 50, 2004 135FZ Submissions by other affected parties . . . . . . . . . . . . 97 135G Regulator’s power to require documents or information 97 135GA Regulator may require confidentiality to be observed 98 135GB Regulator may require mediation . . . . . . . . . . . . . . . . 98 135GC Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 98 135GD Exclusion of other jurisdictions . . . . . . . . . . . . . . . . . . 99 135GE Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 135GF Decision binds parties to the dispute . . . . . . . . . . . . . 99 Division 6 Exempted loads Subdivision 1 Preliminary 135GG Who is an interested person for an electricity load. . . 100 135GH Who obtains the benefit of liable load exemption . . . . 100 Subdivision 2 State development exemption 135GI Application and operation of sdiv 2 . . . . . . . . . . . . . . 100 135GJ Making application . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 135GK Notice to other interested persons . . . . . . . . . . . . . . . 102 135GL Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 102 135GM Steps after deciding application . . . . . . . . . . . . . . . . . 103 135GN Condition for proposed supply . . . . . . . . . . . . . . . . . . 104 135GO Amendment of applicant’s supply schedule . . . 104 135GP Condition for continuity of supply . . . . . . . . . . . . . . . . 106 135GQ Reporting condition . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Subdivision 3 Renewable energy exemption 135GR Operation of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 135GS Making application . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 135GT Notice to other interested persons . . . . . . . . . . . . . . . 108 135GU Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 108 135GV Steps after deciding application . . . . . . . . . . . . . . . . . 109 135GW Ineligible fuel allowance . . . . . . . . . . . . . . . . . . . . . . . 110 135GX General conditions of exemption . . . . . . . . . . . . . . . . 110 135GY Reporting condition . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Subdivision 4 Power station auxiliary load exemption 135GZ Operation of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 135H Making application . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 135HA Notice to other interested persons . . . . . . . . . . . . . . . 111 135HB Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 112 135HC Steps after deciding application . . . . . . . . . . . . . . . . . 112
9 Electricity Amendment Act 2004 No. 50, 2004 135HD General condition of exemption . . . . . . . . . . . . . . . . . 113 135HE Reporting condition . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Subdivision 5 General conditions of liable load exemptions 135HF Annual fee and exemption compliance report . . . . . . 113 135HG Obligation to keep documents relating to exemption . 114 Subdivision 6 Amending liable load exemption by application 135HH Applying for amendment. . . . . . . . . . . . . . . . . . . . . . . 114 135HI Notice to other interested persons . . . . . . . . . . . . . . . 114 135HJ Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Subdivision 7 Amendment of liable load exemption by regulator without proposed action notice 135HK Amendments for which proposed action notice not required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Subdivision 8 Other amendments, cancellation and suspension of liable load exemption 135HL Conditions for other amendments, cancellation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 135HM Notice of proposed action. . . . . . . . . . . . . . . . . . . . . . 116 135HN Considering submissions . . . . . . . . . . . . . . . . . . . . . . 117 135HO Decision on proposed action . . . . . . . . . . . . . . . . . . . 117 135HP Notice and taking of effect of proposed action decision 118 Subdivision 9 Consequences of particular cancellations 135HQ Liable load exemption obtained because of false or misleading declaration or representation . . . . . . . . . . 118 135HR Cancellation of State development exemption for contravention of condition for proposed supply . . . . . 118 135HS Consequence of cancellation of State development exemption for contravention of condition for continuity of supply . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 135HT Consequence of cancellation of other exemptions for contravention of general condition. . . . . . . . . . . . . 120 Division 7 Non-liable loads 135HU Emergency stand-by plant . . . . . . . . . . . . . . . . . . . . . 120 135HV Immaterial loads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 135HW Electricity sold under special remote area arrangement . . . . . . . . . . . . . . . . . . . . . . . . 121 135HX Electricity sold under retailer of last resort scheme or similar scheme . . . . . . . . . . . . . . . . . . . . . . . . 121 135HY Electricity sold under s 49A(3) contract . . . . . . . . . . . 122 135HZ Electricity sold or supplied to Boyne Island Smelter. . 122
10 Electricity Amendment Act 2004 No. 50, 2004 Part 6 Scheme participants 135I Applying for registration . . . . . . . . . . . . . . . . . . . . . . . 135IA Right to registration . . . . . . . . . . . . . . . . . . . . . . . . . . 135IB Term of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . 135IC Annual fee for particular scheme participants 135ID Partial suspension for non-payment of annual fee . . . 135IE Surrender of registration. . . . . . . . . . . . . . . . . . . . . . . Part 7 Monitoring Division 1 Approved auditors 135IF Appointment and qualifications . . . . . . . . . . . . . . . . . 135IG Appointment conditions and limit on powers . . . . . . . 135IH Applying for and obtaining appointment as an approved auditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135II Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 135IJ Production or display of identity card . . . . . . . . . . . . . 135IK When approved auditor ceases to hold office . . . . . . 135IL Revocation of approved auditor’s appointment. . . . . . 135IM Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135IN Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Required audits 135IO Who is an auditable person . . . . . . . . . . . . . . . . . . . . 135IP Regulator may require audit . . . . . . . . . . . . . . . . . . . . 135IQ Required contents for audit notice . . . . . . . . . . . . . . . 135IR Failure to comply with audit notice . . . . . . . . . . . . . . . 135IS Costs of complying with audit notice . . . . . . . . . . . . . Division 3 Audits by regulator 135IT Regulator may carry out audit . . . . . . . . . . . . . . . . . . 135IU Regulator’s costs of audit or report . . . . . . . . . . . . . . Division 4 General provisions for audits 135IV Who may carry out audit . . . . . . . . . . . . . . . . . . . . . . 135IW False or misleading statement in audit report . . . . . . Part 8 Miscellaneous provisions Division 1 Additional provisions for applications 135IX Meaning of application and applicant for div 1 . . . . . . 135IY Substantial compliance with application requirements may be accepted . . . . . . . . . . . . . . . . . 135IZ Additional information or inspection may be required. 122 123 123 123 124 124 125 125 126 127 127 127 128 129 129 130 130 130 131 131 131 132 132 133 133 133 134
11 Electricity Amendment Act 2004 No. 50, 2004 135J Regulator’s costs of inspection. . . . . . . . . . . . . . . . . . 134 Division 2 Measurement of electricity 135JA Regulator’s power to decide measurement method . . 135 135JB Procedure for deciding measurement method . . . . . . 136 135JC Decided method must be applied . . . . . . . . . . . . . . . . 136 135JD Obligation to notify regulator of change in circumstances for decided measurement method . . . 137 Division 3 Registers 135JE Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 135JF Required information for accredited generator register 138 135JG Required information for GEC register . . . . . . . . . . . . 138 135JH Required information for scheme participant register. 139 135JI Required information for liable load exemption register 139 135JJ General provisions for register keeping . . . . . . . . . . . 139 135JK Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Division 4 General offences for ch 5A 135JL Who is an official . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 135JM Confidentiality of particular information . . . . . . . . . . . 141 135JN False or misleading statement . . . . . . . . . . . . . . . . . . 142 135JO False or misleading document . . . . . . . . . . . . . . . . . . 142 135JP Obstructing approved auditor . . . . . . . . . . . . . . . . . . . 142 135JQ Impersonating approved auditor. . . . . . . . . . . . . . . . . 143 135JR Notice of change from small grid to major grid. . . . . . 143 Division 5 Other miscellaneous provisions 135JS Additional information about reports and other matters 143 135JT General evidentiary aids for ch 5A . . . . . . . . . . . . . . . 144 135JU Obligation of State to indemnify particular information-givers . . . . . . . . . . . . . . . . . . . . . . . 145 135JV Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Part 9 Expiry of chapter 135JW Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 135JX Saving of operation of chapter . . . . . . . . . . . . . . . . . . 146 13 Insertion of new ss 140A and 140B . . . . . . . . . . . . . . . . . . . . . . . 146 140A Entry to place to carry out remedial work. . . . . . . . . . 146 140B Entry to place to carry out urgent remedial work . . . . 147 14 Insertion of new s 141A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 141A Duty to avoid damage. . . . . . . . . . . . . . . . . . . . . . . . . 148
12 Electricity Amendment Act 2004 No. 50, 2004 15 Amendment of s 152A (Power to enter place) . . . . . . . . . . . . . . . 148 16 Amendment of s 152G (General powers after entering place) . . . 148 16A Amendment of s 259A (Regulation may declare a State electricity entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 17 Insertion of new ch 14, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Part 7 Transitional provisions for Electricity Amendment Act 2004 309 Existing electricity supply contracts . . . . . . . . . . . . . . 150 18 Amendment of sch 1 (Appeals against administrative decisions) 151 19 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 154
Queensland Electricity Amendment Act 2004 Act No. 50 of 2004 An Act to amend the Electricity Act 1994 [Assented to 29 November 2004]
14 Electricity Amendment Act 2004 The Parliament of Queensland enacts— No. 50, 2004 1 Short title This Act may be cited as the Electricity Amendment Act 2004 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act amended This Act amends the Electricity Act 1994. 4 Amendment of s 64A (Annual levy) Section 64A(1)(b)— omit, insert— ‘(b) a retail entity whose retail authority states a retail area or that supplies customers whose consumption of electricity has been less than 200 000 kWh in any 12 month period;’. 5 Insertion of new ss 113A and 113B After section 113— insert — ‘113A Authority to transmit over land ‘(1) A transmission entity is authorised to operate works to transmit electricity across, over or through the following land— (a) land that it owns; (b) land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works.
15 Electricity Amendment Act 2004 No. 50, 2004 ‘(2) Subsection (1)(b) applies whether or not the easement, licence, agreement or consent authorises the transmission. ‘113B Authority to supply over land ‘(1) A distribution entity is authorised to operate works to supply electricity using a supply network across, over or through the following land— (a) land that it owns; (b) land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works. ‘(2) Subsection (1)(b) applies whether or not the easement, licence, agreement or consent authorises the supply.’. 6 Amendment of s 114 (Compensation payable by electricity entity for damage etc.) Section 114— insert — ‘(3) Subsection (2) is subject to sections 97 and 97A. 1 ’. 7 Amendment of s 117 (Resolution of certain disputes between electricity entities or between electricity entities and public entities) Section 117(1A), after ‘Market Code’— insert — ‘or to disputes that relate to chapter 5A (including a dispute about what is a chargeable amount under section 309) 2 ’. 1 Sections 97 (Limitation of liability of electricity entities and special approval holders that are not code participants) and 97A (Limitation of liability for NationalElectricity (Queensland) Law) 2 Chapter 5A (13% gas scheme) Section 309 (Existing electricity supply contracts)
16 Electricity Amendment Act 2004 No. 50, 2004 8 Amendment of s 119 (Regulator’s role in disputes between electricity entity and customers or occupiers) (1) Section 119(2)— insert — ‘(c) a dispute between an electricity entity and a customer if the customer’s consumption of electricity has been more than 200 000 k Wh in any 12 month period; (d) a dispute that relates to chapter 5A.’. (2) Section 119(8)— insert — ‘(c) the regulator considers the subject of the dispute, as referred to the regulator, is frivolous or vexatious.’. 9 Amendment of s 120ZE (Notice of referral to parties to dispute) Section 120ZE(b)— omit, insert — ‘(b) the mediator’s name.’. 10 Amendment of s 120ZS (Giving notice of referral to parties to dispute) Section 120ZS(2)(b)— omit, insert — ‘(b) the arbitrator’s name.’. 11 Amendment of s 120ZZC (Party, other than electricity entity, to advise whether order accepted) Section 120ZZC(1), ‘energy arbitrator’— omit, insert — ‘regulator’.
17 Electricity Amendment Act 2004 No. 50, 2004 12 Insertion of new ch 5A After chapter 5— insert — ‘Chapter 5A 13% gas scheme ‘Part 1 Introduction ‘Division 1 Purposes of chapter ‘135A Main purposes of ch 5A ‘The main purposes of this chapter are to— (a) reduce the growth in greenhouse gases associated with electricity use in the State; and (b) contribute to the diversification of the State’s energy mix towards the greater use of gas in electricity generation; and (c) encourage the development of new gas sources and gas infrastructure to meet the State’s future energy requirements. ‘135AA How main purposes are achieved ‘(1) The main purposes of this chapter are achieved by providing for a certificate-based scheme. ‘(2) The scheme consists of— (a) persons (called ‘accredited generators’) who generate, or who are involved in the generation of, particular gas-fired electricity that supports the State’s electricity load; and (b) persons (called ‘liable persons’), most of whom are retail entities and others who sell or use electricity in the State, who have a liability under the scheme. ‘(3) Under the scheme—
18 Electricity Amendment Act 2004 No. 50, 2004 (a) accredited generators can create gas electricity certificates (each called a GEC ) for each MWh of particular gas-fired electricity worked out under part 3 3 ( eligible gas-fired electricity ) generated by the accredited power station; and (b) accredited generators may sell GECs to liable persons and anyone else registered under this chapter as a scheme participant who wishes to trade in GECs; and (c) liable persons must surrender to the regulator the number of GECs that, in general terms, equates to 13% of the electricity sold or used by them for each year from 2005 to 2019; and (d) accredited generators and persons registered under part 6 4 as scheme participants may, subject to part 4, division 4, 5 sell, transfer or surrender their GECS. ‘(4) Accredited generators and persons registered under part 6 are collectively called a scheme participant . 6 ‘(5) It is Parliament’s expectation that income earned from the sale of GECs will help gas-fired electricity to compete with electricity generated from other more greenhouse-intensive energy sources. ‘Division 2 Definitions for ch 5A ‘135AB Power stations and their nameplate capacity ‘(1) A power station is an electricity generating plant or system. ‘(2) Power station also includes all buildings, components, equipment and infrastructure of the plant or system directly related to its operation or to its electricity production, including, for example, a thing needed— 3 Part 3 (Eligible gas-fired electricity) 4 Part 6 (Scheme participants) 5 Part 4, division 4 (Dealings with GECs) 6 For persons who are taken to be registered under part 6 as a scheme participant, see sections 135BO (Effect of surrender), 135BZ (Effect of cancellation) and 135GH (Who obtains the benefit of liable load exemption).
19 Electricity Amendment Act 2004 No. 50, 2004 (a) to store, retrieve, measure, distribute or prepare the fuel or energy source for the plant or system; or (b) to combust, convert or otherwise use the fuel or energy source for the plant or system to generate electricity directly or to energise an intermediate medium; or Example of an intermediate medium — steam, produced from the burning of fuel in a boiler, that is used to drive a steam turbine to generate electricity (c) to convert the energy in an intermediate medium into electricity; or (d) to control, switch or transform the electricity generated; or (e) to control the processes involved in the main and auxiliary processes associated with the electricity generation; or (f) to control emissions to ensure compliance with a relevant environmental authority under the EnvironmentalProtectionAct1994 if the thing is directly related to the electricity generation; or (g) to do any of the following for a matter or process mentioned in paragraphs (a) to (f)— (i) cooling; (ii) heating; (iii) preparing or distributing a fluid or gas to use in, or to control, the matter or process; (iv) distributing or controlling electricity used; (v) metering, recording or transmitting relevant parameters; (vi) waste disposal or removal; or (h) to comply with the WorkplaceHealthandSafetyAct1995 or a requirement or standard under any other Act relating to safety if the thing is directly related to the electricity generation. ‘(3) However, a thing mentioned in subsection (2) is not part of the power station if it—
20 Electricity Amendment Act 2004 No. 50, 2004 (a) is located more than 1 km from the boundary of the plant or system; or (b) is only used to— (i) extract or mine a fuel source for the plant or system; or (ii) separate or process wastes only part of which form a fuel source for the power station. ‘(4) A power station’s nameplate capacity is the capacity of its main generating unit or units, as stated by its manufacturer. ‘135AC Who is the economic operator of a power station ‘The economic operator of a power station is— (a) the person who, under the Market Code, is registered as the generator for the power station; or (b) if no one is registered, or required to be registered, under the code as the generator for the power station—the person who has the physical control of the power station. Example for paragraph (b) — a person who has the physical control of a power station not connected to the national grid ‘135AD What is eligible fuel ‘(1) An eligible fuel is— (a) natural gas formed naturally in the earth; or Examples — • liquefied natural gas or ‘LNG’ • compressed natural gas or ‘CNG’ • gas (commonly called ‘coal seam gas’) occurring naturally in association with coal and produced as a resource in its own right • gas (commonly called ‘waste mine gas’) occurring naturally in association with coal and—
21 Electricity Amendment Act 2004 No. 50, 2004 (a) released during the process of coal mining, either directly or indirectly by disturbance of gas-bearing strata; or (b) released before mining for the purpose of safety; or (c) drained from underground areas previously mined for coal (b) a substance that is— (i) a by-product of processes carried out at a petroleum refinery; and (ii) a gas at an absolute pressure of 101.325 kPa and at a temperature of 15ºC; or (c) a gas not formed naturally in the earth that consists predominately of methane and— (i) is of the composition, characteristics and quality prescribed, under the Gas(ResidualProvisions)Act 1965 , for natural gas as defined under that Act (whether or not the gas is natural gas as defined under that Act); 7 or (ii) is of another quality approved under that Act; 8 or (iii) is of a quality prescribed under a regulation; or (d) liquefied petroleum gas. ‘(2) However, eligible fuel does not include an eligible renewable energy source under the Renewable Energy (Electricity) Act 2000 (Cwlth). ‘(3) In this section— petroleum refinery means an organised and coordinated arrangement of manufacturing processes the primary purpose of which is to separate and purify crude oil for the production and sale of liquid fuel products. 7 For the prescribed quality, see the Gas(ResidualProvisions)Regulation1989 , section 10 (Composition, characteristics and quality of gas). 8 See the Gas (Residual Provisions) Regulation 1989 , section 21 (Non-conforming gases).
22 Electricity Amendment Act 2004 No. 50, 2004 ‘135AE What is auxiliary load for a power station ‘(1) Auxiliary load , for a power station, is— (a) electricity used within the power station as part of an electricity generation process; or (b) electricity— (i) used within its boundaries to power buildings, components, equipment or infrastructure that are not part of the power station; and (ii) that is not separately metered from electricity mentioned in paragraph (a); or (c) electricity used for a purpose mentioned in paragraph (a) or (b) at any time from when the power station first sends out electricity to a grid; or (d) electricity used to run the power station in synchronous condenser mode if the electricity is able to be separately measured and is distinguishable from other energy uses for the power station. ‘(2) However, if electricity used within a power station as part of an electricity generation process is a pumping load for a pumped storage hydro power station, only the proportion of the load that is equal to the amount of the electricity generated that is sent out by the power station is auxiliary load. ‘135AF What is a major grid and a small grid ‘(1) A major grid is— (a) a supply network or transmission grid if— (i) it is not interconnected with another transmission grid or supply network; and (ii) the power stations connected to it have a combined nameplate capacity of more than 100 MW; or (b) a network of interconnected transmission grids or supply networks the power stations connected to which have a combined nameplate capacity of more than 100 MW. ‘(2) A small grid is—
23 Electricity Amendment Act 2004 No. 50, 2004 (a) a supply network or transmission grid if— (i) it is not interconnected with another transmission grid or supply network; and (ii) the power stations connected to it have a combined nameplate capacity of 100 MW or less; or (b) a network of interconnected transmission grids or supply networks the power stations connected to which have a combined nameplate capacity of 100 MW or less. ‘135AG What is a substantive traceable link to a major grid ‘A substantive traceable link , to a major grid, is a connection of electric lines that allows electricity to be sent into or received from the grid. ‘135AH What is a direct supply arrangement ‘A direct supply arrangement is an arrangement under which— (a) a power station supplies electricity to an end user in the State using a dedicated line; or (b) electricity is supplied to a customer in the State through a grid if— (i) the grid is not directly or indirectly connected to the national grid; and (ii) 90% or more of the annual electricity supplied to the grid is generated from eligible fuels. ‘135AI What is an electricity load ‘(1) An electricity load is an amount of electricity to supply all or part of the electricity of— (a) a customer or a group of customers; or (b) an end user, or a group of end users, of electricity. ‘(2) The electricity load of the State is the total amount of electricity to supply the needs of end users of electricity who are in the State.
24 Electricity Amendment Act 2004 No. 50, 2004 ‘135AJ Who are the baseline customers of a power station ‘(1) A baseline customer , of a power station, is each person mentioned in subsection (2)— (a) who is a customer of the power station or to whom the power station supplies electricity; and (b) who is in the State; and (c) to whom the power station delivers electricity generated from eligible fuels. ‘(2) For subsection (1), the persons are— (a) a person to whom the power station supplies electricity under a direct supply arrangement; and (b) NEMMCO; and (c) if the power station is not directly or indirectly connected to the national grid—a retailer supplying electricity under a direct supply arrangement. ‘(3) Subsection (1) applies even if, under part 3, division 5, the amount of the baseline for the person is 0. ‘135AK Other definitions for ch 5A ‘In this chapter— 13% liability see section 135EM(1). accreditation means accredited as an accredited generator under part 2. accredited generator means a person who holds an accreditation that is in force. accredited generator register see section 135JE(1)(a). accredited power station means the power station or the parts of the power station, as decided by the regulator under section 135AN, for which an accreditation is held. amended assessment see section 135FK(2). ancillary matters , for a power station, see section 135AM(2). annual loss factor , for a power station, see section 135CR(2). annual QUF , for a power station, see section 135CM(2).
25 Electricity Amendment Act 2004 No. 50, 2004 applicant , for part 8, division 1, see section 135IX(a). application , for part 8, division 1, see section 135IX(b). approved auditor means a person who, under part 7, division 1, holds an appointment as an approved auditor. approved form means the form approved, under section 135JV, by the regulator. assessment , by the regulator, means an assessment by the regulator made under part 5, division 4, subdivision 2. auditable person see section 135IO. audit notice see section 135IP(1). auxiliary load , for a power station, see section 135AE. baseline , for an accredited power station, see section 135CV(1). baseline customer , of a power station, see section 135AJ. baseline loss factor , for a power station, see section 135CS(3). baseline QUF , for a power station, see section 135CN(3). baseline year , for a power station— 1 Generally, the baseline year for a power station is the period mentioned in section 135CY(2). 2 However, if, under section 135CY(3) or 135CZ(3), the regulator has fixed a sent out or delivered amount by reference to another period, the baseline year for the power station is the other period. civil penalty means the civil penalty imposed under section 135EY. complete suspension , of the right to create GECs, see section 135BT(2)(a). compromise assessment see section 135FJ(2). dedicated line means an electric line that supplies only 1 end user or only 1 group of interrelated end users. default assessment see section 135FH(1).
26 Electricity Amendment Act 2004 No. 50, 2004 direct method means direct method A or direct method B under section 135CD. direct supply arrangement see section 135AH. economic operator , of a power station, see section 135AC. electricity load see section 135AI. eligible electricity guidelines see section 135CK. eligible fuel see section 135AD. eligible gas-fired electricity see section 135AA(3)(a). eligible renewable electricity see section 135GR(2). end user , of electricity, means any one who uses it. exempted load see section 135EM(4)(b). GEC see section 135AA(3)(a). GEC register see section 135JE(1)(b). GEC review see section 135B(1). GEC surrender direction see section 135DQ(2). general method see section 135CC. information notice , for a decision, means a notice stating each of the following— (a) the decision; (b) reasons for the decision; (c) all rights of review or appeal under this Act for the decision; (d) the period in which any review or appeal must be started; (e) how the rights of review or appeal must be exercised; (f) that a stay of a decision the subject of review or appeal under this Act may be applied for under this Act. interested person , for an electricity load, see section 135GG. liable load see section 135EM(5). liable load exemption means an exemption granted under part 5, division 6 that is in force.
27 Electricity Amendment Act 2004 No. 50, 2004 liable load exemption register see section 135JE(1)(d). liable person see section 135EM(3). liable year , for the 13% liability, see section 135EM(6). limited suspension see section 135BT(2)(b). major grid see section 135AF(1). measurement method , for a power station, see section 135AM(3). nameplate capacity , for a power station, see section 135AB(4). non-liable load see section 135EM(4)(c). notice means a written notice. official , for part 8, division 4, see section 135JL. penalty imposition day , for the 13% liability, see section 135EY(2). power station see section 135AB. prescribed renewable section 135GR(1)(a). energy source see proponent , for a significant project, means the person who proposes or owns the project. reassessment see section 135FI. recognised program see section 135GR(1)(b). referrer see section 135FY(1). registered owner , of a GEC— 1 The registered owner , of a GEC, is the person who, under section 135DN or 135DW, is or becomes its registered owner. 2 However, the person ceases to be the registered owner if, under part 4, division 3, the GEC is cancelled. registration , for a GEC, means registration under section 135DJ. retailer means a person who holds a retail authority. scheme participant see section 135AA(4).
28 Electricity Amendment Act 2004 No. 50, 2004 scheme participant register see section 135JE(1)(c). self-assessment report see section 135FD. significant project see section 135GI(1). small grid see section 135AF(2). special conditions , for accreditation, see section 135AN(4)(a). standard accreditation conditions see section 133AU(2). State development exemption see section 135GI(4). substantive traceable link , to a major grid, see section 135AG. surrender application , for a GEC, means an application made under part 4, division 4, subdivision 3. transmission zone see section 135CO(2). valid , for the creation or purported creation of a GEC, means creation under the requirements of part 4, division 1. vintage year , for a GEC, means the year in which it was registered. ‘Part 2 Accreditation ‘Division 1 Applying for and obtaining accreditation ‘135AL Who may apply for accreditation ‘(1) The following persons may apply to the regulator to become an accredited generator for a power station or proposed power station— (a) for a power station— (i) its economic operator; or (ii) a person nominated by the economic operator;
29 Electricity Amendment Act 2004 No. 50, 2004 (b) for a proposed power station— (i) a person who proposes to become its economic operator; or (ii) a person nominated by the proposed economic operator. ‘(2) However, only 1 person can be nominated under subsection (1) for the same application. ‘(3) If more than 1 person is the economic operator or proposed economic operator— (a) the application must be made by them jointly; but (b) only 1 of them can be the nominated accredited generator. ‘(4) A person can not apply for an accreditation that applies for more than 1 power station or proposed power station. ‘(5) However, subsection (4) does not prevent the same person holding more than 1 accreditation. ‘135AM Requirements for application ‘(1) The application must— (a) be in the approved form; and (b) identify the power station or proposed power station, its location and each of its constituent parts; and (c) state any relevant transmission zones known to the applicant; and (d) state the nameplate capacity of the power station or proposed power station; and (e) state details of the ownership of, and operating arrangements for, the power station or proposed power station; and (f) state details of the fuels used or to be used by the power station or proposed power station; and (g) give information that will allow the regulator to decide each of the following matters for the power station or proposed power station—
30 Electricity Amendment Act 2004 No. 50, 2004 (i) its baseline customers; (ii) the baseline for each of the customers; (iii) its annual and baseline loss factors; (iv) its approved measurement points; Example of measurement points — meters measuring sent out electricity or, if a direct method is used, electricity delivered (v) if the power station or proposed power station generates or uses unmetered electricity—a methodology to estimate the generation or use; and (h) give information that will allow the regulator to decide, under section 135JA, a method for working out— (i) the amount of electricity sent out from the power station or proposed power station or, if the applicant proposes to apply to use a direct method, delivered to an end user under a direct supply arrangement; or (ii) an amount incidental to subparagraph (i); and (i) give information relevant to the working out of eligible gas-fired electricity generated by the power station or proposed power station; and (j) be accompanied by— (i) evidence that, under section 135AL, the applicant is entitled to make the application; and (ii) the fee prescribed under a regulation. ‘(2) The matters mentioned in subsection (1)(g) are the ancillary matters for the power station or proposed power station. ‘(3) The method mentioned in subsection (1)(h) is the measurement method for the power station or proposed power station. ‘135AN Deciding application ‘(1) The regulator must decide whether to grant or refuse the application.
31 Electricity Amendment Act 2004 No. 50, 2004 ‘(2) The regulator may grant the application only if— (a) the regulator is satisfied— (i) the power station or proposed power station generates, or will generate, eligible gas-fired electricity; and (ii) the amount of the eligible gas-fired electricity is, or will be, able to be worked out from time to time; and (b) the regulator is able to decide— (i) the parts of the power station or proposed power station that are relevant to the accreditation; and (ii) the ancillary matters for the power station or proposed power station. ‘(3) If the power station or proposed power station is not in a transmission zone under a regulation, the regulator may defer the deciding of the application for a reasonable period to allow a transmission zone to be prescribed that includes the power station or proposed power station, and for the fixing of relevant QUFs. ‘(4) If the regulator decides to grant the application— (a) the regulator may impose conditions ( special conditions ) on the accreditation the regulator considers necessary or desirable; 9 and (b) the regulator must decide the ancillary matters. ‘135AO Provisions for deciding ancillary matters for power station ‘(1) This section applies if the regulator is deciding the ancillary matters for the power station or proposed power station. ‘(2) The regulator need not decide its annual loss factor or baseline loss factor if the regulator has, under section 135CD(3), 10 approved direct method A for working out the eligible 9 See also division 3 (Standard accreditation conditions). 10 Section 135CD (Alternate methods for direct supply arrangement)
32 Electricity Amendment Act 2004 No. 50, 2004 gas-fired electricity generated by the power station or proposed power station. ‘(3) Different measurement methods may be approved for different measurement points for the power station or proposed power station. ‘(4) If the regulator is satisfied arrangements for an approved measurement point comply with any relevant requirements under the Market Code, the regulator must approve the arrangements as the measurement methods for the measurement point. ‘135AP Provisional decision to grant ‘(1) This section applies if the regulator is deciding the application and the regulator is unable to decide whether or not the regulator is satisfied about a matter mentioned in section 135AN(2) 11 (the undecided matter ). ‘(2) The regulator may— (a) defer the deciding of the application; and (b) give the applicant a notice stating that, subject to being satisfied about the undecided matter as required under section 135AN(2), the regulator will grant the application. ‘(3) If after giving the notice the applicant satisfies the regulator about the undecided matter as required under section 135AN(2), the regulator must grant the application. ‘(4) However, subsection (3) ceases to apply if, because of a change in circumstances, the regulator is no longer satisfied about another matter mentioned in section 135AN(2). ‘135AQ Steps after deciding application ‘(1) If the regulator decides to grant the application, the regulator must issue the accreditation as soon as practicable. ‘(2) The accreditation must— 11 Section 135AN (Deciding application)
33 Electricity Amendment Act 2004 No. 50, 2004 (a) state— (i) any special conditions imposed; and (ii) the ancillary matters decided for the power station or proposed power station; and (iii) a unique accreditation code for the accredited generator and the power station or proposed power station; and (b) be accompanied by an information notice about the decisions about each of the ancillary matters and to impose any special conditions. ‘(3) Subsection (2)(b) does not apply for a condition or ancillary matter that is the same, or is to the same effect as, a condition or ancillary matter agreed to or requested by the applicant. ‘(4) If the regulator decides to refuse the application, the regulator must, as soon as practicable, give the applicant an information notice about the decision. ‘135AR Term of accreditation ‘(1) An accreditation takes effect on the day of effect stated in the accreditation or, if it states no day of effect, the day it is issued. ‘(2) The stated day of effect may be any day not before 1 January 2005. ‘(3) Subject to suspension under division 5, subdivision 3, 12 the accreditation continues in force until 31 December 2020, unless it is sooner cancelled or surrendered under this part. ‘135AS Withdrawal of nomination to be accredited generator ‘(1) This section applies if a person has applied to be, or is, the accredited generator of a power station or proposed power station and the person is not the economic operator of the power station or proposed power station. 12 Division 5, subdivision 3 (Other amendments, cancellation and suspension)
34 Electricity Amendment Act 2004 No. 50, 2004 ‘(2) The economic operator of the power station may, by notice to the regulator, withdraw the nomination given for the person to become the accredited generator. 13 ‘(3) A change in the economic operator of the power station does not, of itself, affect the nomination. ‘Division 2 Accredited generator’s rights ‘135AT Right to create, mortgage and transfer GEC ‘(1) An accredited generator has, from when the accredited generator’s accreditation takes effect, 14 the following rights— (a) to create, under part 4, 15 GECs for eligible gas-fired electricity generated by the power station on and from the day the accreditation takes effect until— (i) the accreditation is cancelled or surrendered; or (ii) the end of 31 December 2019; (b) to mortgage or transfer GECs of which the accredited generator is the owner up to and including 31 December 2020. 16 ‘(2) However— (a) the rights are subject to part 4; and (b) the right to create GECs is subject to any suspension under division 5, subdivision 3. 17 13 See also section 135BU(2)(c) (Conditions for other amendments and for cancellation or suspension by regulator). 14 For when an accreditation takes effect, see section 135AR (Term of accreditation) 15 Part 4 (GECs) 16 For the transfer of GECs by accredited generators or scheme participants see part 4, division 4 (Dealings with GECs). For mortgages of GECS, see section 135DY (Mortgage of GEC). 17 Division 5, subdivision 3 (Other amendments, cancellation and suspension)
35 Electricity Amendment Act 2004 No. 50, 2004 ‘Division 3 Standard accreditation conditions ‘135AU Operation of div 3 ‘(1) This division imposes conditions on each accreditation. ‘(2) Conditions imposed under this division are the standard accreditation conditions . ‘(3) The standard accreditation conditions apply as well as any special conditions stated in the accreditation. ‘(4) If a standard accreditation condition conflicts with any of the special conditions, the standard accreditation condition prevails to the extent of the inconsistency. ‘(5) As well as imposing a condition, section 135BI 18 also imposes a penalty for not complying with the conditions. ‘135AV Obligation to give information when GEC created ‘If an accredited generator creates a GEC, the generator must immediately give the regulator the following information— (a) information relevant to the calculation of the eligible gas-fired electricity for which the GEC was created; (b) information that shows the accredited power station’s baseline has been exceeded. ‘135AW Obligation to keep documents used for GEC creation ‘An accredited generator must, unless the generator has a reasonable excuse, keep all documents the generator uses to work out eligible gas-fired electricity for the creation of a GEC by the generator for 5 years after the creation of the GEC. 18 Sections 135BI (Accreditation conditions must not be contravened )
36 Electricity Amendment Act 2004 No. 50, 2004 ‘135AX Compliance with directions by regulator ‘If an accredited generator is given a GEC surrender direction or a direction under section 135CF or 135JC(2), 19 the generator must comply with the direction. ‘135AY Condition not to improperly create GECs ‘An accredited generator must comply with section 135DO. 20 ‘135AZ Notice to regulator of particular matters ‘An accredited generator must give the regulator notice within 20 business days after— (a) a change in the economic operator of the power station; or (b) a change to the accredited power station that may affect the generation of electricity or the working out of eligible gas-fired electricity generated by the power station; or (c) the happening of an arrangement or circumstance that may, under part 3, division 5, subdivision 4, 21 change the baseline for the power station’s baseline customers; or (d) a change in a factor used to work out eligible gas-fired electricity generated by the power station. ‘135B Periodic GEC reviews ‘(1) An accredited generator must, as soon as practicable after the end of each of the following periods during which the accreditation is in force, review (a GEC review ) the accuracy of information the accredited generator has used to work out eligible gas-fired electricity generated by the power station in the year to date— 19 Sections 135CF (Directions for working out eligible gas-fired electricity) and 135JC (Decided method must be applied) 20 Section 135DO (Offence of improper creation of GEC) 21 Part 3, division 5, subdivision 4 (Changes to baseline)
37 Electricity Amendment Act 2004 No. 50, 2004 (a) the period notified by the regulator to the accredited generator; (b) if no period has been notified—each quarter. ‘(2) In carrying out a GEC review, the accredited generator must comply with the eligible electricity guidelines. 22 ‘135BA Obligation to take action because of improper creation of GECs or GEC review ‘(1) This section applies if— (a) an accredited generator discovers the generator has not complied with section 135DO; 23 or (b) the result of a GEC review is that the information an accredited generator has used to work out eligible gas-fired electricity is not accurate. ‘(2) The generator must take appropriate action— (a) to correct the working out of the relevant eligible gas-fired electricity; and (b) to ensure the generator does not create more than 1 GEC for each MWh of eligible gas-fired electricity; and (c) if the generator did not comply with section 135DO before carrying out the review—to correct the effect of the failure to comply. Examples of appropriate action — • when the accredited generator next creates GECs, the generator creates less GECs than the generator is entitled to create, to ensure the entitlement is not exceeded at that time • acquiring enough GECs (either by creation or transfer) to surrender the number of GECs equivalent to the number of GECS the accredited generator created improperly and that have since been transferred to others 22 See section 135CK (Guidelines). 23 Section 135DO (Offence of improper creation of GEC) See also section 135DP (Defence to proceeding for improper creation of GEC).
38 Electricity Amendment Act 2004 No. 50, 2004 ‘(3) After taking the action, the accredited generator must give the regulator a notice describing the action taken and the reasons for taking it. ‘135BB Obligation to keep GEC review documents ‘An accredited generator must, unless the generator has a reasonable excuse, keep the following documents in relation to a GEC review for 5 years after the end of the year in which the review was carried out— (a) documents the generator used to make the GEC review; (b) if, because of the review, action was taken under section 135BA—documents showing what the action was and the reasons for taking it. ‘135BC Access to power station ‘An accredited generator must, on the giving of reasonable notice, allow, or make arrangements that allow, safe access to the accredited power station by an approved auditor, an inspection officer or a person authorised by the regulator to— (a) obtain information relevant to the accreditation; or (b) monitor compliance with this chapter or the conditions of the accreditation. ‘135BD Obligation to provide information for annual loss factor ‘An accredited generator must, as soon as practicable after receiving a request from the regulator, give the regulator information the generator has that the regulator reasonably requires to allow the regulator to decide the accredited power station’s annual loss factor. ‘135BE Annual fee and return ‘(1) An accredited generator must, on or before the relevant day in each year during which the accreditation is in force (the current year ), give the regulator the following for each power station for which the generator is accredited—
39 Electricity Amendment Act 2004 No. 50, 2004 (a) an annual electricity generation return for the last year, in the approved form; (b) the annual fee for the current year, as prescribed under a regulation. ‘(2) In this section— relevant day means— (a) generally—the last business day in April; or (b) if the regulator has, by notice to all accredited generators given before the day mentioned in paragraph (a), fixed a later day—the later day. ‘135BF Obligation to keep documents used to make annual return ‘An accredited generator must, unless the generator has a reasonable excuse, keep all documents the generator uses to make each electricity generation return given under section 135BE for 5 years after the giving of the return. ‘135BG Conditions imposed under a regulation ‘An accredited generator must comply with any conditions of accreditation prescribed under a regulation. ‘135BH Amounts payable under chapter or accreditation ‘An accredited generator must pay the regulator all amounts that this chapter or the accreditation requires the accredited generator to pay the regulator. ‘135BI Accreditation conditions must not be contravened ‘An accredited generator must comply with the conditions of the accreditation. Maximum penalty—500 penalty units.
40 Electricity Amendment Act 2004 No. 50, 2004 ‘Division 4 Dealings with accreditation ‘Subdivision 1 Transfers ‘135BJ Transfer only by application ‘(1) An accreditation may be transferred only under this subdivision. ‘(2) A purported transfer of an accreditation not made under this subdivision is of no effect. ‘135BK Applying for transfer ‘(1) An accredited generator may apply to the regulator to transfer the accreditation. ‘(2) The application must— (a) be in the approved form; and (b) be made by the accredited generator and the proposed transferee; and (c) state reasons for the proposed transfer; and (d) if the accredited generator is not the economic operator of the accredited power station—be accompanied by a written nomination of the proposed transferee by the economic operator; and (e) if the proposed transferee is, or proposes to become, the economic operator of the accredited power station—be accompanied by evidence that the transferee is, or will become, the economic operator; and (f) be accompanied by the fee prescribed under a regulation. ‘135BL Deciding transfer application ‘(1) The regulator must decide whether to make or refuse to make the transfer.
41 Electricity Amendment Act 2004 No. 50, 2004 ‘(2) If the regulator decides to refuse to make the transfer, the regulator must, as soon as practicable, give the applicants an information notice about the decision. ‘(3) The regulator may impose conditions on giving the approval. ‘Subdivision 2 Surrenders ‘135BM Applying to surrender ‘(1) An accredited generator may apply to surrender the accreditation. ‘(2) The application must— (a) be in the approved form; and (b) state reasons for the proposed surrender; and (c) be accompanied by the fee prescribed under a regulation. ‘135BN Deciding surrender application ‘(1) The regulator must decide whether to approve or refuse the surrender. ‘(2) The regulator may impose conditions on giving the approval. Example of a possible condition — a requirement that the regulator be given a final electricity generation return ‘(3) If the regulator decides to refuse the surrender or impose a condition on the surrender, the regulator must, as soon as practicable, give the applicant an information notice about the decision. ‘(4) Subsection (3) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicant.
42 Electricity Amendment Act 2004 No. 50, 2004 ‘135BO Effect of surrender ‘(1) This section applies if the surrender of an accreditation is approved and all conditions of the approval have been complied with. ‘(2) The accreditation ceases to have effect. ‘(3) If, immediately before this section applies, the former accredited generator was the registered owner of a GEC, the former accredited generator is taken to be registered under part 6 as a scheme participant immediately after this section applies. ‘Division 5 Amendment, cancellation and suspension of accreditation ‘Subdivision 1 Amendment by application ‘135BP Applying for amendment ‘(1) An accredited generator may apply to the regulator to amend the accreditation in a stated way, other than to— (a) amend a condition imposed under division 3; or (b) add another power station to the accreditation. ‘(2) The application must— (a) be in the approved form; and (b) state reasons for the proposed amendment; and (c) be accompanied by the fee prescribed under a regulation. ‘135BQ Deciding application ‘(1) The regulator must decide to make or refuse to make the amendment. ‘(2) If the decision is to make the amendment, the regulator must, as soon as practicable, make the amendment to the accreditation and give the applicant notice of the decision.
43 Electricity Amendment Act 2004 No. 50, 2004 ‘(3) If the decision is to refuse to make the amendment, the regulator, must, as soon as practicable, give the applicant an information notice about the decision. ‘Subdivision 2 Amendment by regulator without proposed action notice ‘135BR Amendments for which proposed action notice not required ‘The regulator may amend an accreditation at any time by giving the accredited generator notice of the amendment and recording particulars of the amendment in the register if the amendment— (a) is to correct a clerical or formal error; or (b) does not significantly affect the interests of the accredited generator or anyone else and the accredited generator has, in writing, agreed to the amendment. ‘Subdivision 3 Other amendments, cancellation and suspension ‘135BS Partial suspension for non-payment of annual fee ‘(1) This section applies if an accredited generator does not pay an annual fee as required under section 135BE. ‘(2) While the annual fee remains unpaid, the accreditation is suspended. ‘(3) If the annual fee is paid, the suspension ends. ‘(4) The suspension is a complete suspension of the right to create GECs. ‘(5) Also, until the suspension ends, the accredited generator can not— (a) transfer any GECs; or (b) accept the transfer of any GECs.
44 Electricity Amendment Act 2004 No. 50, 2004 ‘(6) The suspension does not— (a) affect the accredited generator’s ownership of any GEC the generator owned immediately before the suspension; 24 or (b) prevent the accredited generator from making a surrender application for a GEC mentioned in paragraph (a). ‘(7) This section does not limit the regulator’s powers under section 135BT. ‘135BT Regulator’s power to amend, cancel or suspend ‘(1) The regulator may, if the conditions under section 135BU have been met, amend or cancel an accreditation or suspend an accredited generator’s right, under section 135AT(1)(a), 25 to create GECs. ‘(2) The suspension must be one of the following types— (a) a suspension that has the effect that, until it ends, the accredited generator can not create any GECs for eligible gas-fired electricity generated by the accredited power station during the period of the suspension (a complete suspension of the right to create GECs); (b) a suspension that does not affect the right to, after the suspension ends, create GECs for eligible gas-fired electricity generated by the accredited power station during the period of the suspension, subject to section 135DG (a limited suspension of the right to create GECs). 26 ‘(3) A complete or limited suspension of the right to create GECs does not— 24 See sections 135DN (Ownership of GEC on registration) and 135DW (Ownership of GEC on transfer). 25 Section 135AT (Right to create, mortgage and transfer GECs) 26 Section 135DG (Time limitation on creation right)
45 Electricity Amendment Act 2004 No. 50, 2004 (a) affect the accredited generator’s ownership of any GEC the generator owned immediately before the suspension; 27 or (b) prevent the accredited generator from— (i) making a surrender application for a GEC mentioned in paragraph (a); or (ii) transferring a GEC mentioned in paragraph (a); or (iii) accepting a transfer of a GEC. ‘(4) A complete or limited suspension is subject to any suspension under section 135BS. ‘135BU Conditions for other amendments and for cancellation or suspension by regulator ‘(1) For section 135BT(1), the conditions are that— (a) the regulator considers the amendment, cancellation or suspension necessary or desirable; and (b) an event mentioned in subsection (2) has happened; and (c) the procedure under sections 135BV to 135BY is followed. ‘(2) For subsection (1)(b), an event is that the accredited generator— (a) obtained the accreditation because of a materially false or misleading declaration or representation, made orally or in writing; or (b) has not complied with a provision of this chapter or a condition of the accreditation; or (c) has not complied with a provision of the Trade Practices Act 1974 (Cwlth), part IV, 28 in relation to the accreditation or the creation or transfer of GECs; or (d) has created GECs under the accreditation and— 27 See sections 135DN (Ownership of GEC on registration) and 135DW (Ownership of GEC on transfer). 28 Trade Practices Act 1974 (Cwlth), part IV (Restrictive trade practices)
46 Electricity Amendment Act 2004 No. 50, 2004 (i) the generator is not the economic operator of the accredited power station; and (ii) either— (A) the generator has not been nominated by the economic operator; or (B) any nomination of the generator by the economic operator has been withdrawn. 29 ‘135BV Notice of proposed action ‘(1) The regulator must give the accredited generator notice stating each of the following— (a) the action (the proposed action ) the regulator proposes to take under this division; (b) the grounds for the proposed action; (c) the facts and circumstances that are the basis for the grounds; (d) if the proposed action is to amend—the proposed amendment; (e) if the proposed action is to suspend— (i) the proposed suspension period; and (ii) whether the proposed suspension is a complete or limited suspension of the right to create GECs; (f) that the accredited generator may make, within a stated period, written submissions to show why the proposed action should not be taken. ‘(2) The stated period must end at least 20 business days after the notice is given. ‘135BW Considering submissions ‘(1) The regulator must consider any written submission made under section 135BV(1)(f) by the accredited generator within the period stated in the notice. 29 See section 135AS (Withdrawal of nomination to be accredited generator).
47 Electricity Amendment Act 2004 No. 50, 2004 ‘(2) If the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give the accredited generator notice of the decision. ‘135BX Decision on proposed action ‘(1) If, after complying with section 135BW, the regulator still believes a ground exists to take the proposed action, the regulator may decide to— (a) if the proposed action was to amend—make the amendment; or (b) if the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or (c) if the proposed action was to cancel— (i) cancel the accreditation; or (ii) suspend it for a stated period. ‘(2) If the regulator decides to suspend the accreditation under subsection (1)(c)(ii), the regulator must decide whether it is a complete or limited suspension. ‘135BY Notice and taking of effect of proposed action decision ‘(1) The regulator must, as soon as practicable after making a decision under section 135BX, give the accredited generator an information notice about the decision. ‘(2) The decision takes effect on the later of the following— (a) the day the information notice is given; (b) a later day of effect stated in the notice. ‘(3) However, if the decision was to amend, cancel or suspend because of a conviction, the amendment, cancellation or suspension— (a) does not take effect until— (i) the period to appeal against the conviction ends; and
48 Electricity Amendment Act 2004 No. 50, 2004 (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and (b) has no effect if the conviction is quashed on appeal. ‘135BZ Effect of cancellation ‘(1) This section applies if an accreditation is cancelled. ‘(2) The accreditation ceases to have effect. ‘(3) If, immediately before the cancellation, the former accredited generator was the registered owner of a GEC, the former accredited generator is taken to be registered under part 6 as a scheme participant immediately after the cancellation. ‘135C Final return on cancellation ‘If the accreditation is cancelled, the former accredited generator must, as soon as practicable, give the regulator an annual electricity generation return under section 135BE(1)(a) for the period from the end of the last year to the day the cancellation took effect. Maximum penalty—100 penalty units. ‘Part 3 Eligible gas–fired electricity ‘Division 1 Working out eligible gas-fired electricity ‘Subdivision 1 Preliminary ‘135CA Operation of div 1 ‘(1) This part provides for what is the eligible gas-fired electricity generated by an accredited power station.
49 Electricity Amendment Act 2004 No. 50, 2004 ‘(2) If the power station has more than 1 baseline customer, the eligible gas-fired electricity must be worked out separately for each of the customers who have a baseline other than 0. ‘(3) For applying subsection (2), a reference in this division to the power station is taken to be a reference to the power station to the extent it supplies gas-fired electricity to each of its customers. ‘Subdivision 2 Power stations with nameplate capacity of more than 500 kW ‘135CB Application of sdiv 2 ‘This subdivision applies if the power station’s nameplate capacity is more than 500 kW. ‘135CC General method ‘Subject to sections 135CD to 135CF, the eligible gas-fired electricity is worked out using the following formula (the general method )— EE = ( SO Gen × %EF x QUF x LF) – BL where— EE is the eligible gas-fired electricity, measured in MWh. SO Gen is electricity sent out from the power station, less electricity imported into the power station, measured in MWh. %EF is the proportion of electricity generated from an eligible fuel. QUF is the power station’s annual QUF. LF is the power station’s annual loss factor. BL is the baseline for the baseline customer of the power station.
50 Electricity Amendment Act 2004 No. 50, 2004 ‘135CD Alternate methods for direct supply arrangement ‘(1) This section applies if a power station sends out electricity to someone else under a direct supply arrangement. ‘(2) The accredited generator for the power station, or an applicant for the accreditation, may apply in writing to the regulator for approval to use direct method A or direct method B to work out the eligible gas-fired electricity to the extent it is sent out under the arrangement. ‘(3) The regulator must decide— (a) whether to grant or refuse the approval; and (b) if the regulator decides to grant the approval—whether direct method A or direct method B must be used for the working out. ‘(4) If the regulator grants the approval, the direct method as decided by the regulator must be used to work out the eligible gas-fired electricity to the extent it is sent out under the direct supply arrangement. ‘(5) If the regulator decides to refuse to grant the approval, the regulator must, as soon as practicable, give the applicant an information notice about the decision. ‘(6) In this section— direct method A means using the formula— EE = ( ED × %EF x QUF) – BL direct method B means using the formula— EE = ( ED × % EF x QUF x LF) – BL EE means the eligible gas-fired electricity, measured in MWh. ED means the electricity delivered to the person mentioned in subsection (1), less electricity imported into the power station multiplied by any relevant annual loss factor decided by the regulator, measured in MWh. %EF means the proportion of electricity generated from an eligible fuel.
51 Electricity Amendment Act 2004 No. 50, 2004 QUF means the power station’s annual QUF. BL means the baseline for the baseline customer of the power station. LF means any annual loss factor the regulator decides for the power station. ‘135CE Adjustment for general method if a direct method used ‘(1) This section applies if— (a) the regulator has approved the use of a direct method for a direct supply arrangement; and (b) electricity is sent out from the power station other than under the arrangement. ‘(2) The eligible gas-fired electricity sent out from the power station other than under the arrangement must be worked out under the general method. ‘(3) However, in applying the general method, all amounts of electricity used in the application of the direct method must be deducted from the electricity sent out from the power station. ‘135CF Directions for working out eligible gas-fired electricity ‘(1) The regulator may give an accredited generator written directions about how to work out any factor used to work out the eligible gas-fired electricity under this subdivision. ‘(2) In working out the factor, the direction must be complied with. 30 ‘(3) The directions must be accompanied by or include an information notice about the decision to give the directions. ‘(4) Subsection (3) does not apply if the accredited generator has agreed to the working out as required under the direction. ‘Subdivision 3 Power stations with nameplate capacity of 500 kW or less 30 See also section 135AX (Compliance with directions by regulator).
52 Electricity Amendment Act 2004 No. 50, 2004 ‘135CG Application of sdiv 3 ‘This subdivision applies if the power station’s nameplate capacity is 500 kW or less. ‘135CH Power to prescribe method ‘If the baseline for all baseline customers of the power station is 0, a regulation may prescribe what is the eligible gas-fired electricity. ‘135CI Obtaining approval to use method for working out ‘(1) This section applies only if the eligible gas-fired electricity is not prescribed. ‘(2) The accredited generator for the power station, or an applicant for the accreditation, may apply in writing to the regulator for approval to use a proposed method to work out the eligible gas-fired electricity. ‘(3) The proposed method may involve— (a) the use of averages or estimates; or (b) the application of annual or baseline loss factors or QUFs for the power station. ‘(4) The regulator must decide whether to grant or refuse the approval. ‘(5) The regulator may grant the approval only if satisfied the proposed method is generally consistent with the approach of the general method or, to the extent the proposed method relates to a direct supply arrangement, a direct method. ‘(6) If the regulator grants the approval the proposed method must be used to work out the eligible gas-fired electricity. ‘(7) If the regulator decides to refuse to grant the approval, the regulator must, as soon as practicable, give the applicant an information notice about the decision.
53 Electricity Amendment Act 2004 No. 50, 2004 ‘135CJ Methods that otherwise apply ‘If the eligible gas-fired electricity is not prescribed and no method is approved under section 135CI for the power station, the eligible gas-fired electricity is worked out under subdivision 2 as if the power station’s nameplate capacity is more than 500 kW. ‘Division 2 Eligible electricity guidelines ‘135CK Guidelines ‘The regulator may issue guidelines ( eligible electricity guidelines ) about the data that must be used under division 1 to work out eligible gas-fired electricity. 31 ‘135CL Publication of guidelines ‘(1) The regulator must give each accredited generator to whom the eligible electricity guidelines apply a copy of the guidelines. ‘(2) The guidelines do not take effect for an accredited generator to whom they apply until the later of the following days— (a) their day of effect, as stated in the guidelines; (b) the day the accredited generator’s accreditation takes effect. ‘Division 3 Queensland usage factors ‘135CM Annual QUFs ‘(1) Subject to section 135CP, the regulator must, for each financial year during which a power station is accredited, fix an estimated proportion of electricity sent out from the power 31 For the effect of the guidelines for the generators, see sections 135DP (Defence to proceeding for improper creation of GEC) and 135EK(2) (Decision on proposed action).
143 Electricity Amendment Act 2004 No. 50, 2004 (c) if the person continues to obstruct the auditor, the auditor may ask a police officer to help the auditor exercise the power. ‘(3) In this section— obstruct includes hinder and attempt to obstruct. ‘135JQ Impersonating approved auditor ‘A person must not pretend to be an approved auditor. Maximum penalty—80 penalty units. ‘135JR Notice of change from small grid to major grid ‘If a small grid becomes a major grid, the person who operates the grid must, within 20 business days, give the regulator notice of the change. Maximum penalty—200 penalty units. ‘Division 5 Other miscellaneous provisions ‘135JS Additional information about reports and other matters ‘(1) This section applies if— (a) a person is required under this chapter to give the regulator a notice or copy of a document, a report or information (the advice ); and (b) the person gives the advice. ‘(2) The regulator may, by notice, require the person to give, within the reasonable time stated in the notice, written information about the matter for which the advice was given. ‘(3) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty for subsection (3)—30 penalty units.
144 Electricity Amendment Act 2004 No. 50, 2004 ‘135JT General evidentiary aids for ch 5A ‘(1) A certificate purporting to be signed by the regulator stating any of the following matters is, in the absence of evidence to the contrary, evidence of the matter— (a) a stated document is any of the following things made, given, or issued under this chapter— (i) an accreditation; (ii) the eligible electricity guidelines; (iii) a certificate for a liable load exemption; (iv) an appointment as an approved auditor; (v) a measurement method decided under section 135JA; 107 (vi) an approval under this chapter; (vii) a register under this chapter; (b) a stated document is a copy of a thing mentioned in paragraph (a); (c) on a stated day, or during a stated period, an accreditation, GEC, registration as a scheme participant, liable load exemption or appointment as an approved auditor— (i) was, or was not, in force; or (ii) was, or was not, subject to a stated condition; or (iii) was, or was not, cancelled; (d) on a stated day, a stated requirement was made of a stated person. ‘(2) This section does not limit section 135FQ or 248. 108 107 Section 135JA (Regulator’s power to decide measurement method) 108 Section 135FQ (Evidentiary provisions) or 248 (Evidentiary certificates by regulator)
145 Electricity Amendment Act 2004 No. 50, 2004 ‘135JU Obligation of State to indemnify particular information-givers ‘(1) This section applies if— (a) at the request of the regulator, a relevant entity gives the regulator a document or information; and (b) the document or information was given for the purpose of fixing a QUF or the loss factor for a power station; and (c) the entity or anyone else incurs a cost, damage or loss because of the giving of the information or document. ‘(2) If— (a) in a proceeding, the entity is found to be civilly liable for the cost, damage or loss; and (b) the information was given honestly and without negligence; the State must indemnify the entity for the liability. ‘(3) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding. relevant entity means— (a) NEMMCO; or (b) a distribution entity; or (c) a transmission entity. ‘135JV Approved forms ‘The regulator may approve forms for use under this chapter.
146 Electricity Amendment Act 2004 No. 50, 2004 ‘Part 9 Expiry of chapter ‘135JW Expiry ‘This chapter expires on 31 December 2020. ‘135JX Saving of operation of chapter ‘This chapter is declared to be a law to which the ActsInterpretation Act 1954 , section 20A applies. 109 ’. 13 Insertion of new ss 140A and 140B Chapter 6, part 1— insert — ‘140A Entry to place to carry out remedial work ‘(1) Subject to subsections (2) to (4), an electricity officer for an electricity entity may enter a place to fix damage or harm to the place caused by, or in connection with, works or an electrical installation of the entity. ‘(2) The entry may be made only if it is made at a reasonable time and— (a) any occupier of the place to be entered has consented to the entry; or (b) the entity has given any occupier of the place to be entered at least 7 days written notice of the proposed entry. ‘(3) The notice must state— (a) the time or times or period of the proposed entry; and (b) the purpose of the proposed entry; and 109 Acts Interpretation Act 1954 , section 20A (Repeal does not end saving, transitional or validating effect etc.)
147 Electricity Amendment Act 2004 No. 50, 2004 (c) that the proposed entry is, at the time or times or during the period, permitted under this Act without the occupier’s consent. ‘(4) This section does not authorise entry to a residence. ‘140B Entry to place to carry out urgent remedial work ‘(1) Subject to subsections (3), (4) and (6), an electricity officer for an electricity entity may enter a place to fix damage or harm to the place caused by, or in connection with, works or an electrical installation of the entity if the entity is satisfied, on reasonable grounds— (a) the damage or harm is, or is likely to be, serious; and (b) the need to fix the damage or harm is urgent. ‘(2) The power under subsection (1) may be exercised— (a) at any time; and (b) without the consent of, or notice to, the occupier of the place to be entered. ‘(3 ) However, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things— (a) identify himself or herself to the occupier, in the way stated in section 70; 110 (b) tell the occupier the purpose of the entry; (c) seek the consent of the occupier to the entry; (d) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent. ‘(4) Also, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place. 110 Section 70 (Production or display of electricity officer’s identity card)
148 Electricity Amendment Act 2004 No. 50, 2004 ‘(5) Subsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the fixing of the damage or harm. ‘(6) This section does not authorise entry to a residence.’. 14 Insertion of new s 141A Chapter 6, part 3— insert — ‘141A Duty to avoid damage ‘In exercising a power under this chapter, an electricity officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage as is practicable. Example of a reasonable step — For an entry to a place, under section 140A, complying with any reasonable requirement of the owner or occupier of the place about fixing the damage or harm.’. 15 Amendment of s 152A (Power to enter place) Section 152A(1)— insert — ‘(d) the purpose of the entry is to help an approved auditor carry out an audit commissioned under section 135IT 111 and the occupier of the place is a person to whom the audit relates.’. 16 Amendment of s 152G (General powers after entering place) (1) Section 152G(3), words before paragraph (a)— omit, insert — ‘(3) The inspection officer may, for a prescribed purpose—’. (2) Section 152G— 111 Section 135IT (Regulator may carry out audit)
149 Electricity Amendment Act 2004 No. 50, 2004 insert — ‘(8) In this section— prescribed purpose means— (a) for monitoring and enforcing compliance with this Act; or (b) if the purpose of the entry was to help an approved auditor carry out an audit commissioned under section 135IT 112 and the occupier of the place is a person to whom the audit relates—for the carrying out of the audit.’. 16A Amendment of s 259A (Regulation may declare a State electricity entity) Section 259A— insert— ‘(2) A regulation may also declare an entity that is a subsidiary of a GOC but is not a State electricity entity to be a State electricity entity for— (a) awards, or a stated award, under the Industrial RelationsAct 1999 ; or (b) employment conditions, or stated employment conditions, of its employees. 113 ’. 17 Insertion of new ch 14, pt 7 Chapter 14— insert — 112 Section 135IT (Regulator may carry out audit) 113 For employment conditions of State electricity entities, see chapter 7 (Employment in government owned electricity industry) of the regulation.
150 Electricity Amendment Act 2004 No. 50, 2004 ‘Part 7 Transitional provisions for Electricity Amendment Act 2004 ‘309 Existing electricity supply contracts ‘(1) This section applies if— (a) immediately before 1 January 2003 , a contract was in force for the sale of electricity from a liable person to a contestable customer; and (b) under chapter 5A, the 13% liability is imposed on the liable person for electricity sold under the contract. ‘(2) However, this section does not apply, or ceases to apply, if a review opportunity arose or arises for the contract on or after 1 January 2003. ‘(3) The liable person may, by notice to the customer, charge the customer all or any of the following ( chargeable amounts )— (a) the amount of the liable person’s reasonable costs incurred in meeting or managing the 13% liability for electricity sold under the contract; and Examples of reasonable costs that may be incurred in meeting the liability — • the cost of working out the relevant liable load • the cost of acquiring GECs to surrender to meet the liability • any fee paid to surrender the GECs • an appropriate proportion of the costs of giving the relevant self-assessment report • if the liable person is an accredited generator—an appropriate proportion of the relevant annual fee • if the liable person is not an accredited generator—an appropriate proportion of the fee to apply to become a scheme participant and the relevant annual fee Example of a reasonable cost that may be incurred in managing the liability — • the cost of setting up an internal information technology system to manage the liability
151 Electricity Amendment Act 2004 No. 50, 2004 (b) an amount equivalent to the amount of any civil penalty paid to meet the 13% liability and any reasonable costs of paying the civil penalty. 114 ‘(4) The notice must state the amount of each chargeable amount charged to the customer separately from any other amount charged for the sale of the electricity. ‘(5) If the customer does not pay a chargeable amount charged to the customer within a reasonable period after receiving the notice, the liable person may recover the chargeable amount from the customer as a debt. ‘(6) In deciding what is a reasonable period for subsection (5), regard must be had to the provisions of the contract. ‘(7) Subsections (3) to (6)— (a) apply despite any other provision of this Act; but (b) do not apply for a particular chargeable amount if the contract, by express words, provides for who is liable to pay that amount. ‘(8) In this section— review opportunity , for a contract, means an opportunity for the liable person, acting either alone or with the agreement of 1 or more of the other parties to the contract— (a) to change how much the customer must pay for electricity sold under the contract; or (b) to carry out a general review, renegotiation or alteration of how much the customer must pay for electricity sold under the contract.’. 18 Amendment of sch 1 (Appeals against administrative decisions) (1) Schedule 1, part 2— renumber as schedule 1, part 3. (2) Schedule 1— 114 See section 135EY(4) (Imposition of civil penalty for not meeting 13% liability).
152 Electricity Amendment Act 2004 No. 50, 2004 insert — ‘Part 2 Decisions under chapter 5A Section Description of decision Court 135AN(1) Refusal of accreditation application . . . . . . . District 135AN(4)(a) Imposition of accreditation condition, other than a condition mentioned in section 135AQ(3). . . . . . . . . . . . . . . . . . . . . . District 135AN(4)(b) Deciding of ancillary matter, other than an ancillary matter mentioned in section 135AQ(3). . . . . . . . . . . . . . . . . . . . . . District 135BL(1) Refusal to transfer accreditation . . . . . . . . . . District 135BN(1) Refusal to accept surrender of accreditation . District 135BQ(1) Refusal to amend accreditation . . . . . . . . . . . District 135BX Decision to take proposed action in relation to accreditation . . . . . . . . . . . . . . . . . . . . . . . . . District 135CD(3) Refusal to approve a direct method to work out eligible gas-fired electricity . . . . . . . . . . . District 135CF(1) Decision to give directions about how to work out factor used to work out eligible gas-fired electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . District 135CI(4) Refusal to approve method to work out eligible gas-fired electricity . . . . . . . . . . . . . . District 135CR(1) Fixing of annual loss factor . . . . . . . . . . . . . . District 135CS(1) Fixing of baseline loss factor. . . . . . . . . . . . . District 135CY or 135CZ Fixing of baseline for baseline customer of accredited power station . . . . . . . . . . . . . . . . District 135DJ(1) Decision that GEC was not validly created . . District 135DQ Decision to give GEC surrender direction. . . District 135EE Refusal to accept surrender of GEC . . . . . . . District
153 Electricity Amendment Act 2004 No. 50, 2004 Section 135EG(1) 135EG(2) 135EK(1) 135FH 135FI 135FK 135FY 135G(1) 135GL 135GM(1) 135GO 135GU 135GV(1) 135HB 135HC(1) 135HJ Description of decision Court Decision to immediately suspend GEC . . . . . District Fixing of suspension period for GEC . . . . . . District Decision to take proposed action in relation to GEC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . District Decision to make default assessment . . . . . . District Decision to make reassessment . . . . . . . . . . . District Decision to make amended assessment . . . . . District Decision about who is the liable person for liable load . . . . . . . . . . . . . . . . . . . . . . . . . . . District Decision to require party to dispute to give stated document or information. . . . . . . . . . . District Refusal of application for State development exemption application . . . . . . . . . . . . . . . . . . District Decision about extent to which liable load exemption is granted, other than an extent to which the applicant has agreed . . . . . . . . . . . District Refusal of application to amend schedule for State development exemption . . . . . . . . . . . . District Refusal of liable load exemption application under part 5, division 6, subdivision 3. . . . . . District Decision about extent to which liable load exemption is granted, other than an extent to which the applicant has agreed . . . . . . . . . . . District Refusal of liable load exemption application under part 5, division 6, subdivision 4. . . . . . District Decision to grant liable load exemption application under part 5, division 6, subdivision 4 for a load less than the load sought in the application . . . . . . . . . . . . . . . . District Refusal to amend liable load exemption . . . . District
154 Electricity Amendment Act 2004 No. 50, 2004 Section 135HO 135IH(3) 135IG(1)(a) and 135IH 135IL(1) 135IP(1) 135IT(1) 135JA Description of decision Court Decision to take proposed action in relation to liable load exemption. . . . . . . . . . . . . . . . . . . District Refusal of application for approval as an auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . District Imposition of condition on instrument of appointment as an approved auditor, other than a condition mentioned in section 135IH(6) . . . . . . . . . . . . . . . . . . . . . . District Revocation of approved auditor’s appointment . . . . . . . . . . . . . . . . . . . . . . . . . . District Decision to give audit notice . . . . . . . . . . . . . District Decision to carry out audit . . . . . . . . . . . . . . District Decision about method for working out amount of electricity load or amount of electricity sent out from a power station or delivered to an end user . . . . . . . . . . . . . . . . . District’. 19 Amendment of sch 5 (Dictionary) Schedule 5— insert — ‘ 13% liability see section 135EM(1). accreditation see section 135AK. accredited generator see section 135AK. accredited generator register see section 135JE(1)(a). accredited power station see section 135AK. amended assessment see section 135FK(2). ancillary matters , for a power station, see section 135AM(2). annual loss factor , for a power station, see section 135CR(2). annual QUF , for a power station, see section 135CM(2).
155 Electricity Amendment Act 2004 No. 50, 2004 applicant , for chapter 5A, part 8, division 1, see section 135IX(a). application , for chapter 5A, part 8, division 1, see section 135IX(b). approved auditor see section 135AK. approved form , for chapter 5A, see section 135AK. assessment , by the regulator, see section 135AK. auditable person see section 135IO. audit notice see section 135IP(1). auxiliary load , for a power station, see section 135AE. baseline , for an accredited power station, see section 135CV(1). baseline customer , of a power station, see section 135AJ. baseline loss factor , for a power station, see section 135CS(3). baseline QUF , for a power station, see section 135CN(3). baseline year , for a power station, see section 135AK. civil penalty means the civil penalty imposed under section 135EY. complete suspension , of the right to create GECs, see section 135BT(2)(a). compromise assessment see section 135FJ(2). damage or harm includes likely damage or harm. dedicated line see section 135AK. default assessment see section 135FH(1). direct method see section 135AK. direct supply arrangement see section 135AH. economic operator , of a power station, see section 135AC. electricity load see section 135AI. eligible electricity guidelines see section 135CK. eligible fuel see section 135AD.
156 Electricity Amendment Act 2004 No. 50, 2004 eligible gas-fired electricity see section 135AA(3)(a). eligible renewable electricity see section 135GR(2). end user , of electricity, see section 135AK. exempted load see section 135EM(4)(b). 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. GEC see section 135AA(3)(a). GEC register see section 135JE(1)(b). GEC review see section 135B(1). GEC surrender direction see section 135DQ(2). general method see section 135CC. information notice , for chapter 5A, see section 135AK. interested person , for an electricity load, see section 135GG. liable load see section 135EM(5). liable load exemption see section 135AK. liable load exemption register see section 135JE(1)(d). liable person see section 135EM(3). liable year for the 13% liability, see section 135EM(6). limited suspension see section 135BT(2)(b). major grid see section 135AF(1). measurement method , for a power station, see section 135AM(3). nameplate capacity , for a power station, see section 135AB(4). non-liable load see section 135EM(4)(c). notice , for chapter 5A, see section 135AK. official , for chapter 5A, part 8, division 4, see section 135JL.
157 Electricity Amendment Act 2004 No. 50, 2004 penalty imposition day , for the 13% liability, see section 135EY(2). power station see section 135AB. prescribed renewable section 135GR(1)(a). energy source see proponent , for a significant project, see section 135AK. reassessment see section 135FI. recognised program see section 135GR(1)(b). referrer see section 135FY(1). registered owner , of a GEC, see section 135AK. registration , for a GEC, see section 135AK. residence means a structure or a part of a structure where a person resides. retailer see section 135AK. scheme participant see section 135AA(4). scheme participant register see section 135JE(1)(c). self-assessment report see section 135FD. significant project see section 135GI(1). small grid see section 135AF(2). special conditions , for accreditation, see section 135AN(4)(a). standard accreditation conditions see section 135AU(2). State development exemption see section 135GI(4). substantive traceable link , to a major grid, see section 135AG. surrender application , for a GEC, see section 135AK. transmission zone see section 135CO(2). valid , for the creation or purported creation of a GEC, see section 135AK. vintage year , for a GEC, see section 135AK.’.
158 Electricity Amendment Act 2004 © State of Queensland 2004 No. 50, 2004
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