Electricity Amendment Regulation (No. 2) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 251 Electricity Act 1994 ELECTRICITY AMENDMENT REGULATION (No. 2) 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of ch 4, pt 5, div 1 (Large consumption customers) . . . . . . . 3 Division 1—General declaration Subdivision 1—Preliminary 248T Meaning of “relevant distribution entity” . . . . . . . . . . . . . . . . . . . . . 3 248TA Meaning of “single premises” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Subdivision 2—Declaration 248TB Actual or estimated consumption of more than 4 GWh . . . . . . . . . . 4 Subdivision 3—Contestable customer certification 248TC Applying for certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 248TD Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 248TDA Issue of certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 248TDB Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Amendment of s 248TG (Dispute resolution) . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Replacement of s 345 (AUSTA Energy Corporation and QGC) . . . . . . . . . 9 345 Declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Electricity Amendment (No. 2) No. 251, 1998 6 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

s1 3 s3 Electricity Amendment (No. 2) No. 251, 1998 ˙ Short title 1. This regulation may be cited as the Electricity Amendment Regulation (No. 2) 1998 . ˙ Regulation amended 2. This regulation amends the Electricity Regulation 1994 . ˙ Replacement of ch 4, pt 5, div 1 (Large consumption customers) 3. Chapter 4, part 5, division 1— omit, insert — ‘ Division 1—General declaration ‘ Subdivision 1—Preliminary ˙ ‘ Meaning of “relevant distribution entity” ‘ 248T. In this division— “relevant distribution entity” , for single premises, means the distribution entity in whose distribution area the premises are located. ˙ ‘ Meaning of “single premises” ‘ 248TA.(1) In this division, a “single premises” , of a customer, means any of the following if owned or occupied by the customer and used by the customer for the same business or enterprise— (a) the whole of any single building or structure; (b) a part of any single building or structure; (c) 2 or more adjoining parts of any single building or structure; (d) the whole of 2 or more buildings or structures that are on— (i) the same lot of land; or (ii) 2 or more adjoining lots of land.

s3 4 s3 Electricity Amendment (No. 2) No. 251, 1998 ‘ (2) In this section— “same business or enterprise” means a business or enterprise carried out under the same name, other than a business or enterprise made up of parts carried out under different names. ‘ Subdivision 2—Declaration ˙ ‘ Actual or estimated consumption of more than 4 GWh ‘ 248TB.(1) A customer is declared to be a contestable customer for the supply of electricity to any single premises of the customer if— (a) the customer— (i) has certification for the premises under section 248TDA(1); or (ii) is, under section 248TG(7), taken to have the certification; 1 and (b) the customer— (i) has entered into a negotiated customer sale contract with a retail entity for the supply of electricity to the premises; or (ii) is, under the Market Code, chapter 2, 2 registered as a ‘Market Participant’ under the category ‘Market Customer’. ‘ (2) The declaration takes effect on the later of the following— (a) if subsection (1)(b)(i) applies—the time immediately before the time for the supply of electricity to the premises to start under the contract; (b) if subsection (1)(b)(ii) applies—the time for the customer to start taking supply as a ‘Market Customer’ under the Market Code; 3 1 Section 248TDA (Issue of certification) Section 248TG (Dispute resolution) 2 Chapter 2 (Code participants and registration) 3 For the provisions of the Market Code concerning supply to a ‘Market Customer’, see the code, chapter 3 (Market rules).

s3 5 s3 Electricity Amendment (No. 2) No. 251, 1998 (c) 1 October 1998. ‘ (3) The customer continues to be a contestable customer for the premises after the declaration takes effect despite the actual consumption of electricity for the premises. ‘ Subdivision 3—Contestable customer certification ˙ ‘ Applying for certification ‘ 248TC.(1) A customer may apply to the relevant distribution entity for contestable customer certification for any single premises of the customer. ‘ (2) The application must— (a) be written; and (b) state the applicant’s name and the premises to which the application relates; and (c) be supported by enough other information, reasonably decided by the entity, to enable the entity to consider the application. ˙ ‘ Consideration of application ‘ 248TD.(1) The relevant distribution entity must either grant or refuse the application within 14 days after receiving all necessary information relevant to the application. ‘ (2) The entity must grant the application if satisfied— (a) the customer has arranged for the provision of a ‘metering installation’ under the market code, chapter 7 4 for the premises; and (b) either— (i) the consumption for the premises during a consumption period was more than 4 GWh; or 4 Chapter 7 (Metering). For the meaning of ‘metering installation’ under the Market Code, see chapter 10 (Glossary), definition “metering installation”.

s3 6 s3 Electricity Amendment (No. 2) No. 251, 1998 (ii) the estimated consumption for the premises in a future consumption period is more than 4 GWh; and— (A) the premises did not consume electricity before 1 October 1997; or (B) if the premises consumed electricity before 1 October 1997—the premises or the customer’s business or enterprise for which the customer used the premises were expanded after 1 October 1997 and the expansion caused the estimate to be more than 4 GWh; and (c) if the premises is supplied from multiple electrical lines—the customer has arranged for the consumption of electricity from each of the lines to be read and added together. ‘ (3) If the entity does not grant the application within the relevant period, it is taken to have— (a) refused the application; and (b) given the applicant a notice under section 248TDB(1) of refusal of the application at the end of the period. ‘ (4) In this section— “consumption” , for the premises during a consumption period, means the electricity, decided by the relevant distribution entity, that was— (a) consumed for the premises during the period; or (b) charged under section 342B 5 by an on-supplier for the premises during the period. “consumption period” means any period of 1 year beginning on or after 1 July 1996. “estimated consumption” , for the premises during a future consumption period, means the electricity the relevant distribution entity estimates will be— (a) consumed for the premises during the period; or 5 Section 342B (Charges from on-suppliers to receivers)

s3 7 s3 Electricity Amendment (No. 2) No. 251, 1998 (b) charged under section 342B 6 by an on-supplier for the premises during the period. “future consumption period” means any period of 1 year, whether beginning before, on or after the commencement, that has not ended. “relevant period” means the first of the following periods to end— (a) 14 days after the entity receives all necessary information relevant to the application; (b) 1 month after the application was made. ˙ ‘ Issue of certification ‘ 248TDA.(1) If the relevant distribution entity grants the application, it must give the certification applied for to the customer as soon as practicable after the application is granted. ‘ (2) The certification must be written and state the following— (a) the customer’s name; (b) the single premises of the customer to which the certification relates; (c) that the entity was satisfied under section 248TD(2). ˙ ‘ Refusal of application ‘ 248TDB.(1) If the relevant distribution entity decides to refuse the application, the entity must give the applicant written notice of refusal of the application as soon as practicable after making the decision. ‘ (2) The notice must state the following— (a) that the entity has refused the application; (b) the reasons for the refusal; (c) that the applicant may, under section 248TG, 7 ask the Minister to decide whether the application ought to have been granted.’. 6 Section 342B (Charges from on-suppliers to receivers) 7 Section 248TG (Dispute resolution)

s4 8 s4 Electricity Amendment (No. 2) No. 251, 1998 ˙ Amendment of s 248TG (Dispute resolution) 4.(1) Section 248TG(1)— omit, insert — ‘ (1) This section applies if— (a) a customer’s application under section 248TC for contestable customer certification has been refused or is, under section 248TD(3), taken to have been refused and the customer disputes the refusal; or (b) there is a dispute about whether a customer is a contestable customer for a premises under section 248TE. 8 ’. (2) Section 248TG(5)— omit, insert — ‘ (5) After considering any representations, the dispute resolver must decide— (a) for a dispute mentioned in subsection (1)(a)—whether the application ought to have been granted; or (b) for a dispute mentioned in subsection (1)(b)—whether the customer is a contestable customer for the premises to which the dispute relates.’. (3) Section 248TG— insert — ‘ (7) If, under subsection (5)(a), the dispute resolver decides the application ought to have been granted, certification is taken to have been given under section 248TDA(1) 9 to the customer for the premises to which the application relates when the decision was made. 8 Section 248TC (Applying for certification) Section 248TD (Consideration of application) Section 248TE (Contestable customers in Northpower’s area) 9 Section 248TDA (Issue of certification)

s5 9 s6 Electricity Amendment (No. 2) No. 251, 1998 ‘ (8) If, under subsection (5)(b), the dispute resolver decides the customer is a contestable customer for the premises to which the dispute relates, the customer is taken to have been a contestable customer for the premises from when the decision was made.’. ˙ Replacement of s 345 (AUSTA Energy Corporation and QGC) 5. Section 345— omit, insert — ˙ ‘ Declarations ‘ 345.(1) AUSTA Energy Corporation is declared to be a State electricity entity for sections 256(2), 262 and 299 10 of the Act. ‘ (2) QGC and Queensland Transitional Power Trading Corporation are declared to be State electricity entities for sections 256(2) and 299 of the Act.’. ˙ Amendment of sch 8 (Dictionary) 6.(1) Schedule 8, definitions “approved connections” , “approved supply” and “connection” — omit . (2) Schedule 8— insert — ‘ “relevant distribution entity” , for chapter 4, part 5, division 1, see section 248T. “single premises” , for chapter 4, part 5, division 1, see section 248TA.’. 10 Sections 256 (Application of FreedomofInformationAct and JudicialReviewAct), 262 (Membership of certain superannuation schemes continued) and 299 (Directions to State electricity entities) of the Act

10 Electricity Amendment (No. 2) No. 251, 1998 ENDNOTES 1. Made by the Governor in Council on 10 September 1998. 2. Notified in the gazette on 11 September 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Mines and Energy. © State of Queensland 1998