Electricity Amendment Regulation (No. 3) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 179 Electricity Act 1994 ELECTRICITY AMENDMENT REGULATION (No. 3) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 4 (How purposes are to be achieved) . . . . . . . . . . . . . . . . 6 4 Amendment of s 10 (Composition of EWC Board) . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 159 (Power factor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Replacement of s 166 (Inspection of customer’s electrical articles) . . . . . 7 7 Replacement of ch 4, heading (Electricity supply and customers) . . . . . . . 7 CHAPTER 4—ELECTRICITY SUPPLY AND SALE TO CUSTOMERS 8 Replacement of ch 4, pts 1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 1—DISTRIBUTION ENTITIES Division 1—Obligations of distribution entities and customers 211 Limits on obligation to provide customer connection services . . . . 8 212 Notice if services refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 213 Entity may provide services even if no obligation . . . . . . . . . . . . . . 10 214 Disconnection for failure to pay debts . . . . . . . . . . . . . . . . . . . . . . . . 11 215 Customer’s liability for customer connection services . . . . . . . . . . . 12 216 Regulating customer’s use etc. of electricity . . . . . . . . . . . . . . . . . . 12 217 Action if notice not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 218 Providing metering information to retail entity . . . . . . . . . . . . . . . . . 13

2 Electricity Amendment (No. 3) No. 179, 1997 Division 2—Meters and control apparatus 219 Entity must provide meter and control apparatus . . . . . . . . . . . . . . . 13 220 Customer to change electrical installation for meter connection . . 14 221 Customer to provide links connecting meters to incoming supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 222 No breaking or interfering with meter seal or control apparatus . . . 14 223 Placing meter or control apparatus on customer’s premises . . . . . . 14 224 Change of placement if building changes or works . . . . . . . . . . . . . 15 225 Matters that may be considered for placement . . . . . . . . . . . . . . . . . 15 226 Customers to provide safe access . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 227 Meter accuracy test at customer’s request . . . . . . . . . . . . . . . . . . . . 16 228 When meter taken to register accurately . . . . . . . . . . . . . . . . . . . . . . 17 229 Extent of inaccuracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 230 Report about test results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 231 Refund and adjustment if inaccuracy . . . . . . . . . . . . . . . . . . . . . . . . . 17 232 Referral of tested meter to regulator . . . . . . . . . . . . . . . . . . . . . . . . . 18 233 Inspection and test after referral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 234 Refund and adjustment after test under s 233 . . . . . . . . . . . . . . . . . . 19 235 Using testing instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 3—Substations on customers’ premises 236 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 237 Meaning of “space for a substation” in div 3 . . . . . . . . . . . . . . . . . . 20 238 Meaning of “owner” in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 239 Owner to provide space for substation . . . . . . . . . . . . . . . . . . . . . . . . 20 240 Supply to other customers from substation . . . . . . . . . . . . . . . . . . . . 21 241 Limitation of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 242 Taking away distribution entity’s equipment . . . . . . . . . . . . . . . . . . . 22 Division 4—Amending standard customer connection contracts 243 Amendments must be approved by Minister . . . . . . . . . . . . . . . . . . . 22 Division 5—What is not discrimination 244 Differing methods of charging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 245 Negotiated customer connection contracts . . . . . . . . . . . . . . . . . . . . 23 246 Differing security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

3 Electricity Amendment (No. 3) No. 179, 1997 247 Different terms that are reasonable . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 2—RETAIL ENTITIES Division 1—Obligations of retail entities and customers 248 Limits on obligation to provide customer retail services . . . . . . . . . 24 248A Notice if services refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 248B Entity may supply even if no obligation . . . . . . . . . . . . . . . . . . . . . . 26 248C Disconnection for failure to pay debts . . . . . . . . . . . . . . . . . . . . . . . . 27 248D Customer’s liability for customer retail services . . . . . . . . . . . . . . . . 27 Division 2—Amending standard customer sale contracts 248E Amendments must be approved by Minister . . . . . . . . . . . . . . . . . . . 28 Division 3—What is not discrimination 248F Differing methods of charging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 248G Negotiated customer sale contracts . . . . . . . . . . . . . . . . . . . . . . . . . . 28 248H Differing security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 248I Different terms that are reasonable . . . . . . . . . . . . . . . . . . . . . . . . . . 29 PART 3—FINANCIAL ARRANGEMENTS ABOUT SUPPLY AND SALE 248J Methods of charging for electricity . . . . . . . . . . . . . . . . . . . . . . . . . . 30 248K Meters must be read annually . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9 Renumbering of ss 248A–248I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10 Insertion of new ch 4, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 6—NEGOTIATED CONTRACTS BEFORE COMMENCEMENT OF ELECTRICITY AMENDMENT ACT 1997 248U Negotiated contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 11 Replacement of ch 5, pt 2, divs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 3—Conditions of distribution authorities 264 Condition to comply with Queensland grid code . . . . . . . . . . . . . . . 31 Division 4—Conditions of retail authorities 265 Condition to comply with Queensland grid code . . . . . . . . . . . . . . . 31 12 Amendment of s 268 (Trade if generation less than 30 MW net capacity only with authorised supplier etc.) . . . . . . . . . . . . . . . . . . . . . . . . . 31 13 Amendment of s 272 (Network services to comply with Queensland grid code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

4 Electricity Amendment (No. 3) No. 179, 1997 14 Amendment of s 273 (Seller in retail trade to meet cost of network services etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 15 Amendment of s 274 (Sellers and buyers in wholesale trade to meet cost of network services etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 16 Amendment of s 275 (Transmission entity and obligated supplier responsible for metering system) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 17 Amendment of s 284 (Allocation of electrical losses in transmission grid and supply networks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 18 Amendment of s 286 (Working out of electricity taken by obligated supplier) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 19 Amendment of s 287 (Appointment of QETC as settlements entity) . . . . . 33 20 Amendment of s 294 (Approval to connect for generation plant of certain State electricity entities installed immediately before 1 January 1995) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 21 Amendment of s 295 (Approval to connect for mobile generating plant for emergency or maintenance work by obligated suppliers) . . . . . . . 34 22 Amendment of s 296 (Approval to connect certain generating plant with 1 MW or less capacity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 23 Insertion of new ss 298A and 298B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 298A NorthPower’s authorised supplier authorities . . . . . . . . . . . . . . . . . . . 35 298B Approval for exemption holders—Act, s 300 . . . . . . . . . . . . . . . . . . . 35 24 Insertion of new ss 306A and 306B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 306A Transferred employees not made redundant . . . . . . . . . . . . . . . . . . . 36 306B Employment conditions not generally transferred . . . . . . . . . . . . . . . 36 25 Amendment of s 307 (Application of this part) . . . . . . . . . . . . . . . . . . . . . . . 36 26 Replacement of ch 6, pt 6 (Overtime payments) . . . . . . . . . . . . . . . . . . . . . 36 PART 6—PROVISIONS CONCERNING ELECTRICITY INDUSTRY RESTRUCTURE 327 Continuation of employment if employer becomes a GOC . . . . . . . 37 327A Meaning of “redundant” and “redundant employee” . . . . . . . . . . . . 37 327B Restriction on engaging redundant employees . . . . . . . . . . . . . . . . . 38 27 Insertion of new ss 342 and 343 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 342 Notifying exemptions—Act, s 300 . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 343 Amending or cancelling exemptions—Act, s 300 . . . . . . . . . . . . . . . 39 28 Amendment of s 342 (Certain activities excluded and commercial activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

5 Electricity Amendment (No. 3) No. 179, 1997 29 Insertion of new ch 8, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 3—DECLARED STATE ELECTRICITY ENTITIES 345 AUSTA Energy Corporation and QGC . . . . . . . . . . . . . . . . . . . . . . . . 41 30 Renumbering of 351A–353 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 31 Replacement of sch 4 (Review of decisions by the regulator) . . . . . . . . . . 41 SCHEDULE 4 REVIEW OF DECISIONS BY THE REGULATOR 32 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

s1 6 s5 Electricity Amendment (No. 3) No. 179, 1997 ˙ Short title 1. This regulation may be cited as the Electricity Amendment Regulation (No. 3) 1997 . ˙ Regulation amended 2. This regulation amends the Electricity Regulation 1994 . ˙ Amendment of s 4 (How purposes are to be achieved) 3.(1) Section 4(e)— omit, insert— ‘(e) specifying when the obligation to connect and supply a customer does not apply and conditions governing the provision of customer connection services by distribution entities; and ‘(f) specifying when the obligation to provide customer retail services does not apply and conditions governing the provision of customer retail services; and’. (2) Section 4(f) to (j)— renumber as section 4(g) to (k). ˙ Amendment of s 10 (Composition of EWC Board) 4. Section 10(3)(b), ‘the authorised suppliers and supply’— omit, insert — ‘distribution’ ˙ Amendment of s 159 (Power factor) 5. Section 159, ‘the supplier’ omit, insert— ‘its supplier’.

s6 7 s7 Electricity Amendment (No. 3) No. 179, 1997 ˙ Replacement of s 166 (Inspection of customer’s electrical articles) 6. Section 166— omit, insert— ‘ Inspection of customer’s electrical articles ‘ 166.(1) This section applies to a supplier if the supplier is a State electricity entity. ‘ (2) A customer may ask the supplier to inspect the customer’s portable electrical article delivered by the customer to the supplier. ‘ (3) As soon as practicable after the customer asks, the supplier must arrange for the article to be inspected by a— (a) licensed electrical worker; or (b) person who— (i) has successfully finished a training course approved by the regulator; and (ii) is supervised by a licensed electrical worker. ‘ (4) The supplier must not charge the customer for the inspection. ‘ (5) If the inspection reveals the article has a serious defect when used in the normal way, the supplier must ensure a licensed electrical worker attaches a label to the article stating the article is electrically unsafe. ‘ (6) A person must not take the label off the article or connect supply of electricity to the article unless the article is repaired— (a) by a licensed electrical worker; or (b) at an industrial workplace where the primary activity is the making, assembling, changing or adapting of electrical articles. Maximum penalty—20 penalty units.’. ˙ Replacement of ch 4, heading (Electricity supply and customers) 7. Chapter 4, heading— omit, insert—

s8 8 s8 Electricity Amendment (No. 3) No. 179, 1997 ‘ CHAPTER 4—ELECTRICITY SUPPLY AND SALE TO CUSTOMERS 1 ’. ˙ Replacement of ch 4, pts 1–3 8. Chapter 4, parts 1 to 3— omit, insert— ‘ PART 1—DISTRIBUTION ENTITIES ‘Division 1—Obligations of distribution entities and customers ˙ ‘ Limits on obligation to provide customer connection services ‘ 211.(1) For sections 40(2)(b) and 40E(e) and (j) 2 of the Act, if an event stated in subsection (2) happens the distribution entity— (a) is not obliged to provide customer connection services to the customer; and (b) may disconnect the customer’s premises from a supply network or refuse to connect the premises to the network. ‘ (2) Subsection (1) applies if— (a) the customer does not ask for the services in a way approved by the entity; or (b) the customer asks for the services and the entity requires the customer to give the entity evidence of the customer’s correct 1 Under section 20 of the ActsInterpretationAct1954 (Saving of operation of repealed Act etc.), the amendments to the Act by the ElectricityAmendmentAct1997 do not affect a right that accrued under the Act before the amendment. Examples — • Accrued rights between a customer and an obligated supplier of electricity before the amendments. • Special approvals given under this regulation or by the regulator before the amendments. 2 Section 40 of the Act (Connection and supply of electricity in distribution area) Section 40E of the Act (Limitation on obligation to connect and supply)

s8 9 s8 Electricity Amendment (No. 3) No. 179, 1997 name and address—the customer does not give the evidence; or (c) the customer does not give the following if required by the entity— (i) a reasonable advance payment for charges for providing the services; (ii) a reasonable security or agreement for security to the entity for performing the customer’s obligations to the entity; or (d) after disconnecting supply under the Act or under a customer connection contract, the entity is not reasonably satisfied the matter that caused the disconnection has been remedied, rectified or fixed; or (e) for supply to premises for which there is an existing agreement with the supplier for supply of electricity— (i) the customer does not agree on similar terms for the rest of the existing agreement; and (ii) the supplier does not otherwise agree; or (f) for supply to premises from an electric line from which another customer is supplied under an agreement with the supplier—the customer does not agree on terms decided by the supplier that, having regard to the other customer’s agreement, are not unfair for both customers; or (g) the customer does not provide and maintain space, equipment, access, facilities or anything else the customer must provide for the services under the Act or a customer connection contract; or Examples of other things under paragraph (g)— • meters • substations • connection of service lines. (h) the customer is not a party to a customer sale contract with a retail entity under which the retail entity provides customer retail services to the customer’s premises; or (i) the obligation to provide customer connection services does not apply under the Act; or

s 8 10 s 8 Electricity Amendment (No. 3) No. 179, 1997 (j) the Act allows the entity to disconnect the customer’s premises from a supply network or refuse to connect the premises to the network. ‘ (3) Subsection (1) does not limit— (a) the right to interrupt supply of electricity under a customer connection contract; or (b) a right or obligation to disconnect premises, or refuse to connect or reconnect premises, under a customer connection contract. ˙ ‘ Notice if services refused ‘ 212.(1) This section applies if— (a) a customer or retail entity asks a distribution entity in the approved way for the provision of customer connection services; and (b) the distribution entity decides it does not have an obligation to provide the services. ‘ (2) The distribution entity must as soon as practicable after, but within 1 month of, receiving the request give written notice to the customer or retail entity— (a) that the distribution entity does not have an obligation to provide the services; and (b) the reasons for the decision. ˙ ‘ Entity may provide services even if no obligation ‘ 213.(1) A distribution entity may agree to provide customer connection services to a customer even though it has no obligation to provide them. ‘ (2) To remove any doubt, an agreement under subsection (1) is a negotiated customer connection contract.

s 8 11 s 8 Electricity Amendment (No. 3) No. 179, 1997 ˙ ‘ Disconnection for failure to pay debts ‘ 214.(1) For sections 40G and 40E(e) 3 of the Act, if an event stated in subsection (2) happens the distribution entity may— (a) disconnect the customer’s premises to the entity’s supply network; or (b) refuse to connect or reconnect the customer’s premises. ‘ (2) Subsection (1) applies if the customer— (a) does not make a reasonable advance payment for charges for providing the customer connection services; or (b) does not pay an amount the customer owes to the entity; or (c) contravenes the Act or this regulation; or (d) breaches its customer connection contract with the entity; or (e) is a party to a customer sale contract with a retail entity for providing customer retail services to the customer’s premises and the retail entity asks the entity to disconnect because the customer— (i) does not make a reasonable advance payment for charges for providing the customer retail services; or (ii) does not pay an amount the customer owes to the retail entity; or (iii) contravenes the Act or this regulation; or (iv) has breached its customer sale contract with the retail entity. ‘ (3) Subsection (1) does not limit— (a) the right to interrupt supply of electricity under a customer connection contract; or (b) a right or obligation to disconnect premises, or refuse to connect or reconnect premises, under a customer connection contract. 3 Section 40G of the Act (Disconnection for failure to pay debts) Section 40E of the Act (Limitation on obligation to connect and supply)

s 8 12 s 8 Electricity Amendment (No. 3) No. 179, 1997 ˙ ‘ Customer’s liability for customer connection services ‘ 215.(1) A customer must pay the distribution entity for providing customer connection services to the customer’s premises under the customer’s customer connection contract with the entity until— (a) supply is disconnected by the distribution entity; or (b) the end of 2 business days after the customer gives the entity notice that supply is no longer needed; or (c) electricity is supplied to the premises by arrangement with another customer. ‘ (2) The obligation under subsection (1) includes an obligation to make minimum payments under the contract. ‘ (3) However, subsection (1) does not apply if the customer and the entity otherwise agree. ˙ ‘ Regulating customer’s use etc. of electricity ‘ 216.(1) This section applies if, in the distribution entity’s opinion— (a) the use or intended use of an electrical article by a customer unreasonably interferes, or is likely to unreasonably interfere, with the entity’s supply of electricity to other customers; or (b) a customer uses or deals with electricity so the supply of electricity to other customers is, or is likely to be, unreasonably interfered with; or (c) a customer’s motor installation or associated starting device interferes, or is likely to interfere, with supply of electricity to other customers; or (d) it is necessary to regulate the power factor of a customer’s electrical installation. ‘ (2) The entity may, by written notice to the customer, require the customer to— (a) regulate the use of the electrical article; or (b) use or deal with electricity supplied in a stated way; or (c) ensure a motor installation or starting device connected to a

s 8 13 s 8 Electricity Amendment (No. 3) No. 179, 1997 source of electricity supply complies with the requirements of the regulator under section 160; 4 or (d) ensure the power factor of an electrical installation measured over any 30 minutes at the customer’s consumers terminals— (i) is at least 0.8 lagging; and (ii) is not a leading power factor unless the entity agrees. ‘ (3) The notice must state— (a) when it must be complied with; and (b) that the customer may apply to the regulator to review the decision. ˙ ‘ Action if notice not complied with ‘ 217. If a customer does not comply with a notice under section 216, the distribution entity may— (a) refuse to provide customer connection services to the customer’s electrical installation until the customer complies with the notice; or (b) if the customer agrees to comply with the entity’s requirements—provide the service. ˙ ‘ Providing metering information to retail entity ‘ 218. If a retail entity asks, a distribution entity must promptly provide the retail entity with meter data information for mutual customers. ‘Division 2—Meters and control apparatus ˙ ‘ Entity must provide meter and control apparatus ‘ 219. The distribution entity must provide, install and maintain the 4 Section 160 (Prevention of interference by motor installations and associated starting devices)

s 8 14 s 8 Electricity Amendment (No. 3) No. 179, 1997 following equipment for supply of electricity to a customer unless the entity and the customer otherwise agree— (a) a meter (other than the base of a plug-in meter) used or to be used to measure or record electricity supplied by the entity to the customer; (b) control apparatus (other than a meter), that the entity considers necessary. Maximum penalty—20 penalty units. ˙ ‘ Customer to change electrical installation for meter connection ‘ 220. A distribution entity may require a customer to make changes to the customer’s electrical installation necessary to allow connection of the entity’s meter to measure consumption of electricity. ˙ ‘ Customer to provide links connecting meters to incoming supply ‘ 221.(1) If a distribution entity requires, a customer must provide suitable links for connecting more than 1 meter to an incoming supply. ‘ (2) The distribution entity may seal the links. ˙ ‘ No breaking or interfering with meter seal or control apparatus ‘ 222. A person must not break or interfere with a seal on a meter or control apparatus or links provided under an agreement with a distribution entity unless the entity permits the person to do so. Maximum penalty—20 penalty units. ˙ ‘ Placing meter or control apparatus on customer’s premises ‘ 223.(1) A customer must, at the customer’s expense— (a) provide on the customer’s premises space, housing, mounting and connecting facilities for each meter and control apparatus provided under an agreement with a distribution entity; and (b) maintain the facilities in a safe and sound condition.

s 8 15 s 8 Electricity Amendment (No. 3) No. 179, 1997 ‘ (2) The facilities must be in a position that meets the entity’s reasonable requirements. ˙ ‘ Change of placement if building changes or works ‘ 224.(1) This section applies if the position of a meter or control apparatus no longer meets the distribution entity’s requirements because of building changes or similar works. ‘ (2) The customer must, at the customer’s expense— (a) provide space, housing, mounting and connecting facilities in another position on the customer’s premises that meets the entity’s reasonable requirements; and (b) relocate the meter and control apparatus to the position. ˙ ‘ Matters that may be considered for placement ‘ 225. In deciding placement of a meter or control apparatus the distribution entity may consider— (a) safe access; and (b) protection against damage from— (i) mechanisms; or (ii) vibration; or (iii) the effects of weather; or (iv) corrosive atmosphere. ˙ ‘ Customers to provide safe access ‘ 226.(1) This section applies if a customer does not provide safe access to read a meter and install, test, maintain or take away the supplier’s works without hindrance or obstruction to— (a) the distribution entity; or (b) an electricity officer of the entity; or (c) a person authorised by the entity.

s 8 16 s 8 Electricity Amendment (No. 3) No. 179, 1997 ‘ (2) The entity may, by written notice to the customer, require the customer to provide the access within a stated period of a least 1 month. ‘ (3) If the customer does not comply with the notice, the entity may— (a) install alternative metering or other equipment to enable the consumption of electricity to be measured by remote or other suitable ways; or (b) disconnect supply of electricity to the customer’s premises and refuse to reconnect supply until the customer provides safe access. ‘ (4) Subsection (3)(b) does not limit another remedy the entity has against the customer. ‘ (5) The entity’s costs reasonably incurred in acting under subsection (3) are a debt payable by the customer to the entity and may be recovered in a court of competent jurisdiction. ˙ ‘ Meter accuracy test at customer’s request ‘ 227.(1) A customer or a retail entity may ask the distribution entity to test the accuracy of the distribution entity’s meter installed on the customer’s premises. ‘ (2) The distribution entity may require the request to be written. ‘ (3) The distribution entity may require the customer or retail entity to pay the distribution entity before testing— (a) a charge for electricity or another amount owing to the distribution entity by the customer for customer connection services; and (b) the prescribed test fee for each meter to be tested. ‘ (4) The meter must be tested where it is installed. ‘ (5) However, for high voltage or current transformer metering, the meter may be taken away for testing at a place decided by the distribution entity. ‘ (6) The distribution entity must advise the customer or retail entity when and where the test is to be performed.

s 8 17 s 8 Electricity Amendment (No. 3) No. 179, 1997 ‘ (7) The customer or retail entity, or that person’s nominee, may be present during the test. ˙ ‘ When meter taken to register accurately ‘ 228.(1) A meter measuring consumption of electricity supplied to a customer registers incorrectly only if it registers outside the prescribed margin of the correct amount of electricity supplied, whether greater or less. ‘ (2) The prescribed margin is 2.5%. ‘ (3) However, for electricity supplied to a contestable customer, the prescribed margin may be the margin agreed between the customer, the distribution entity and the retail entity. ˙ ‘ Extent of inaccuracy ‘ 229. If a properly conducted test shows a meter registers incorrectly, the meter is taken to be registering incorrectly to the extent to which the registration falls outside the prescribed margin. ˙ ‘ Report about test results ‘ 230.(1) If a meter is tested under section 227, the distribution entity must give written notice to the customer or retail entity of the test results as soon as possible. ‘ (2) If the request was made by a retail entity, the retail entity must give a written notice to its customer of the test results as soon as possible after it receives the results. ‘ (3) If the test shows the meter is registering incorrectly, the notice must state the extent to which the registration falls outside the prescribed margin. ˙ ‘ Refund and adjustment if inaccuracy ‘ 231.(1) If a test under section 227 shows the meter is registering incorrectly, the distribution entity must— (a) refund the test fee to the person making the request; and

s 8 18 s 8 Electricity Amendment (No. 3) No. 179, 1997 (b) if action is not taken under section 232—adjust the previous relevant electricity accounts to reflect the actual or a reasonable estimation of the electricity supplied. ‘ (2) If a refund or adjustment is in favour of a retail entity, the retail entity must— (a) for a refund—pay the amount of the test fee to its customer; and (b) for an adjustment—make a similar adjustment to the previous relevant electricity accounts for its customer. ˙ ‘ Referral of tested meter to regulator ‘ 232.(1) This section applies if the customer or retail entity receives the results of a test on a meter from a distribution entity under section 227. 5 ‘ (2) The customer or retail entity may by written notice within 7 days require the distribution entity to refer the issue to the regulator for an inspection and test of the meter by an authorised person. ‘ (3) The customer or retail entity must pay the distribution entity the prescribed fee before the inspection and test. ‘ (4) On receiving the notice and prescribed fee, the distribution entity— (a) must refer the issue and give the fee to the regulator; and (b) must not interfere with the meter until the inspection and test by the authorised person is finished. ˙ ‘ Inspection and test after referral ‘ 233.(1) On referral of an issue under section 232 and receipt of the prescribed fee, the regulator must— (a) arrange for an authorised person to inspect and test the meter; and (b) give written notice to the distribution entity and the customer or retail entity of the test results. ‘ (2) If a retail entity made the request, the retail entity must give a written notice to its customer of the test results as soon as possible after it receives 5 Section 227 (Meter accuracy test at customer’s request)

s 8 19 s 8 Electricity Amendment (No. 3) No. 179, 1997 the results. ‘ (3) If the test shows the meter is registering incorrectly, the notice must state the extent to which the registration falls outside the prescribed margin. ˙ ‘ Refund and adjustment after test under s 233 ‘ 234.(1) If a test under section 233 shows the meter is registering incorrectly by a margin substantially greater than the original test showed, the distribution entity must— (a) refund to the customer or retail entity fees paid to the distribution entity under section 227 6 for testing the meter not already refunded; and (b) pay the customer or retail entity the amount of the fee paid under section 232 for the inspection and test; and (c) adjust the previous relevant electricity accounts to reflect the actual or a reasonable estimation of the electricity supplied. ‘ (2) If a refund or adjustment is in favour of a retail entity, the retail entity must— (a) for a refund—pay the amount of the test fee to its customer; and (b) for an adjustment—make a similar adjustment to the previous relevant electricity accounts of its customer. ˙ ‘ Using testing instruments ‘ 235.(1) A distribution entity must ensure each testing instrument used for a test under this division is— (a) appropriate for the test; and (b) tested each year to ensure it is accurate and in proper working order. ‘ (2) The entity must keep a record of each test under subsection (1)(b) for at least 2 years. 6 Section 227 (Meter accuracy test at customer’s request)

s 8 20 s 8 Electricity Amendment (No. 3) No. 179, 1997 ‘Division 3—Substations on customers’ premises ˙ ‘ Application of div 3 ‘ 236.(1) This division applies if the supply of electricity required by customers in premises is more than, or is reasonably estimated by the distribution entity to be more than, a total maximum demand of 100kV.A worked out under the Wiring Rules. ‘ (2) This division also applies to supply of electricity to customers in premises if the regulator, in special circumstances, approves its application. ˙ ‘ Meaning of “space for a substation” in div 3 ‘ 237. In this division— “space for a substation” means— (a) necessary or suitable floor or foundation, walls or enclosure, ceiling and access doors in the part of the premises where the substation is to be located and installed, with the walls or enclosure, ceiling and access doors being suitably painted; and (b) necessary or suitable places for entry and exit of electric lines and cables for the substation; and (c) if required by the distribution entity—suitable lighting and general power outlets. ˙ ‘ Meaning of “owner” in div 3 ‘ 238. In this division— “owner” , of premises, includes a person who is the proprietor, lessee or occupier of the premises or part of the premises. ˙ ‘ Owner to provide space for substation ‘ 239.(1) This section applies if, to meet an existing or likely demand for supply of electricity by customers who are, or in the future may be, in premises, the distribution entity reasonably considers it is necessary to install a substation on the premises.

s 8 21 s 8 Electricity Amendment (No. 3) No. 179, 1997 ‘ (2) The entity may require the owner of the premises to— (a) provide, free of cost to the entity, the space for a substation; and (b) give a right of way to the entity for its electric lines and cables to and from the substation; and (c) provide to the entity, or persons authorised by it, access to the entity’s equipment on the premises at all times to allow the entity to install, maintain or take away its equipment without hindrance or obstruction. ‘ (3) The owner must also provide permanent handling facilities, segregated access passageways or ventilating ducts if they are needed because of the location the owner proposes to provide for the substation. ‘ (4) An owner who provides space for a substation under this section must— (a) maintain the floor or foundation, walls or enclosure, ceiling and access door of the space in sound condition; and (b) repair damage to or deterioration of the space, other than damage or deterioration directly attributable to the use of the space by the entity. ‘ (5) Repairs must be done within the time and to the extent reasonably directed by the entity. ‘ (6) If the owner does not comply with subsection (4), the entity may— (a) do anything necessary to carry out the maintenance or repair; and (b) recover the reasonable cost from the owner as a debt owing to the distribution entity in a court of competent jurisdiction. ˙ ‘ Supply to other customers from substation ‘ 240.(1) A distribution entity may only use an electric line or equipment installed by it on premises under this division for providing customer connection service to customers not within the premises if the owner of the premises agrees.

s 8 22 s 8 Electricity Amendment (No. 3) No. 179, 1997 ‘ (2) An agreement under subsection (1) or the ElectricityAct1976 , section 173 7 remains in force while electricity is supplied and consumed or required in the premises of the owner irrespective of change in maximum demand by the customers in the premises. ‘ (3) The agreement may be changed by agreement between its parties. ˙ ‘ Limitation of compensation ‘ 241. Unless agreed between the owner and distribution entity, an owner of premises for a substation is not entitled to compensation from the distribution entity for— (a) the installation of the substation; or (b) complying with a requirement under section 239; 8 or (c) carrying out an obligation imposed on the owner under section 239. ˙ ‘ Taking away distribution entity’s equipment ‘ 242. If supply of electricity to an owner’s premises is no longer needed, the distribution entity must take away, at its own cost, its electric lines, cables and equipment from the premises if the owner asks. ‘ Division 4—Amending standard customer connection contracts ˙ ‘ Amendments must be approved by Minister ‘ 243.(1) A distribution entity may only amend its standard customer connection contract if the Minister approves. ‘ (2) An approval may— (a) be given on conditions; or (b) state when the amendment takes effect; or 7 Electricity Act 1976 , section 173 (Substations on consumers’ premises) 8 Section 239 (Owner to provide space for substation)

s 8 23 s 8 Electricity Amendment (No. 3) No. 179, 1997 (c) require the entity to give notice to customers of the amendment in a stated way before the amendment takes effect. ‘ Division 5—What is not discrimination ˙ ‘ Differing methods of charging ‘ 244. The mere use by a distribution entity, of differing methods of charging for the provision of customer connection services to different customers is not discrimination by the entity. ˙ ‘ Negotiated customer connection contracts ‘ 245. The mere making of, or compliance with, a negotiated customer connection contract by a distribution entity is not discrimination by the entity. ˙ ‘ Differing security ‘ 246.(1) The mere requiring of differing security by a distribution entity is not discrimination by the entity. ‘ (2) In subsection (1)— “differing security” means an agreement, advance payment or amount as security for performance of the customer’s obligations to the entity under a customer connection contract that is— (a) different to an agreement, payment or security the entity requires of another customer; and (b) not manifestly unfair to the customer. ˙ ‘ Different terms that are reasonable ‘ 247.(1) This section applies if a distribution entity provides customer connection services on different terms to different customers or types of customers. ‘ (2) The mere imposition of the different terms is not discrimination if—

s 8 24 s 8 Electricity Amendment (No. 3) No. 179, 1997 (a) the circumstances required for providing the services are different; and (b) the terms reasonably reflect the impact on the entity of the— (i) differences between the customers or types of customers; or (ii) different circumstances; or (iii) provisions of the Act, this regulation or any code that applies. Examples of different circumstances — • The different nature of the plant or equipment required to provide the services • Different geographical and electrical locations of the relevant connections • Different periods for which the services are to be provided • The electricity supply capacity required to provide the services • The characteristics of the relevant load or generation • The performance characteristics at which the services are to be provided. ‘ PART 2—RETAIL ENTITIES ‘Division 1—Obligations of retail entities and customers ˙ ‘ Limits on obligation to provide customer retail services ‘ 248.(1) For sections 49(2)(a) and 53(c) 9 of the Act, a retail entity is not obliged to provide customer retail services to a customer if— (a) the customer does not ask for the provision of the services in a way approved by the retail entity; or (b) the customer asks for the services and the entity requires the 9 Section 49 of the Act (Sale of electricity in retail area) Section 53 of the Act (Limitations on obligation to sell)

s 8 25 s 8 Electricity Amendment (No. 3) No. 179, 1997 customer to give the entity evidence of the customer’s correct name and address—the customer does not give the evidence; or (c) the customer does not give the following if required by the entity— (i) a reasonable advance payment for charges for providing the services; (ii) a reasonable security or agreement for security to the entity for performing the customer’s obligations to the entity; or (d) for customer retail services to premises for which there is an existing negotiated contract with the entity for customer retail services— (i) the customer does not agree on similar terms for the rest of the existing agreement; and (ii) the supplier does not otherwise agree; or (e) the customer does not provide and maintain space, equipment, access, facilities or anything else the customer must provide for the services under the Act or a customer sale contract; or Examples of other things under paragraph (e)— • meters • substations • connection of service lines. (f) the entity does not arrange for the connection and supply of electricity to the customer’s premises—a customer connection contract is not in force with a distribution entity under which the distribution entity provides customer connection services to the customer’s premises; or (g) the entity arranges for the connection and supply of electricity to the customer’s premises and the distribution entity— (i) is not obliged to provide customer connection services to a customer; and (ii) may disconnect the customer’s premises from a supply network or refuse to connect the premises to the network; or (h) the Act allows the entity not to provide customer retail services.

s 8 26 s 8 Electricity Amendment (No. 3) No. 179, 1997 ‘ (2) Subsection (1) does not limit— (a) a right to interrupt supply of electricity as agreed in a customer sale contract; or (b) a right or obligation to— (i) disconnect premises, or refuse to connect or reconnect premises under a customer sale contract; or (ii) refuse to provide customer retail services under a customer sale contract. ˙ ‘ Notice if services refused ‘ 248A.(1) This section applies if— (a) a customer asks a retail entity in the approved way for the provision of customer retail services; and (b) the entity decides it does not have an obligation to provide the services. ‘ (2) The retail entity must as soon as practicable after, but within 1 month of, receiving the request give written notice to the customer— (a) that the retail entity does not have an obligation to provide the services; and (b) the reasons for the decision. ˙ ‘ Entity may supply even if no obligation ‘ 248B.(1) A retail entity may agree to provide customer retail services to a customer even though it has no obligation to provide them. ‘ (2) To remove any doubt, a contract referred to in subsection (1) is a negotiated customer sale contract.

s 8 27 s 8 Electricity Amendment (No. 3) No. 179, 1997 ˙ ‘ Disconnection for failure to pay debts ‘ 248C.(1) For section 55 10 of the Act, if an event stated in subsection (2) happens, the retail entity is— (a) not under an obligation to provide customer retail services to the customer; and (b) may ask the relevant distribution entity to disconnect the customer’s premises from, or to refuse to connect or reconnect the premises to, a supply network. ‘ (2) Subsection (1) applies if the customer— (a) does not make a reasonable advance payment for charges for providing the customer retail services; or (b) does not pay an amount the customer owes to the retail entity; or (c) does not comply with the Act or this regulation; or (d) breaches its customer sale contract with the retail entity. ‘ (3) Subsection (1) does not limit— (a) a right to interrupt supply of electricity under a customer sale contract; or (b) a right or obligation to— (i) disconnect premises, or refuse to connect or reconnect premises, under a customer sale contract; or (ii) refuse to provide customer retail services under a customer sale contract. ˙ ‘ Customer’s liability for customer retail services ‘ 248D.(1) A customer must pay the retail entity for electricity sold to the customer’s premises under the customer’s customer sale contract with the entity until— (a) supply is disconnected by the distribution entity; or (b) the end of 2 business days after the customer gives the entity 10 Section 55 of the Act (Disconnection for failure to pay debts)

s 8 28 s 8 Electricity Amendment (No. 3) No. 179, 1997 notice that supply is no longer needed; or (c) electricity is supplied to the premises by arrangement with another customer. ‘ (2) The obligation under subsection (1) includes an obligation to make minimum payments under the contract. ‘ (3) However, subsection (1) does not apply if the customer and the entity otherwise agree. ‘ Division 2—Amending standard customer sale contracts ˙ ‘ Amendments must be approved by Minister ‘ 248E.(1) A retail entity may only amend its standard customer sale contract if the Minister approves. ‘ (2) An approval may— (a) be given on conditions; or (b) state when the amendment takes effect; or (c) require the entity to give notice to customers of the amendment in a stated way before the amendment takes effect. ‘Division 3—What is not discrimination ˙ ‘ Differing methods of charging ‘ 248F. The mere use by a retail entity of differing methods of charging for the provision of customer retail services to different customers is not discrimination by the entity. ˙ ‘ Negotiated customer sale contracts ‘ 248G. The mere making of, or compliance with, a negotiated customer sale contract by a retail entity is not discrimination by the entity.

s 8 29 s 8 Electricity Amendment (No. 3) No. 179, 1997 ˙ ‘ Differing security ‘ 248H.(1) The mere requiring of differing security by a retail entity is not discrimination by the entity. ‘ (2) In subsection (1)— “differing security” means an agreement, advance payment or amount as security for performance of the customer’s obligations to the entity under a customer sale contract that is— (a) different to an agreement, payment or security the entity requires of another customer; and (b) not manifestly unfair to the customer. ˙ ‘ Different terms that are reasonable ‘ 248I.(1) This section applies if a retail entity provides customer retail services on different terms to different customers or types of customers. ‘ (2) The mere imposition of the different terms is not discrimination if— (a) the circumstances required for providing the services are different; and (b) the terms reasonably reflect the impact on the entity of the— (i) differences between the customers or types of customers; or (ii) different circumstances; or (iii) provisions of the Act, this regulation or any code that applies. Examples of different circumstances — • The quantities of electricity purchased by the customers or types of customers • The geographical location of the customers or types of customers • The periods for which the services are to be provided • If the services include arranging for customer connection services—any of the matters referred to in section 247 that are relevant to the provision of the services.

s 9 30 s 10 Electricity Amendment (No. 3) No. 179, 1997 ‘ PART 3—FINANCIAL ARRANGEMENTS ABOUT SUPPLY AND SALE ˙ ‘ Methods of charging for electricity ‘ 248J. An electricity entity may use methods of charging for electricity supplied or sold by the entity to customers the entity considers appropriate, including, for example— (a) giving an account based on meter readings; or (b) giving an assessed account; or (c) giving an estimated account; or (d) payment in advance by using a credit meter. ˙ ‘ Meters must be read annually ‘ 248K. Each electricity entity must ensure each meter recording each of its customer’s consumption of electricity is read at least once each year.’. ˙ Renumbering of ss 248A–248I 9. Sections 248A to 248I— renumber as sections 248L to 248T. ˙ Insertion of new ch 4, pt 6 10. Chapter 4— insert— ‘ PART 6—NEGOTIATED CONTRACTS BEFORE COMMENCEMENT OF ELECTRICITY AMENDMENT ACT 1997 ˙ ‘ Negotiated contracts ‘ 248U.(1) This section applies to a negotiated contract entered into before

s 11 31 s 12 Electricity Amendment (No. 3) No. 179, 1997 the Electricity Amendment Act 1997 commenced ( the “commencement” ) under section 243 of this regulation, as that section applied before the commencement. ‘ (2) From the commencement the negotiated contract is taken to be a negotiated customer sale contract.’. ˙ Replacement of ch 5, pt 2, divs 3 and 4 11. Chapter 5, part 2, divisions 3 and 4— omit, insert— ‘Division 3—Conditions of distribution authorities ˙ ‘ Condition to comply with Queensland grid code ‘ 264. It is a condition of a distribution authority that the distribution entity must comply with the Queensland grid code. ‘ Division 4—Conditions of retail authorities ˙ ‘ Condition to comply with Queensland grid code ‘ 265. It is a condition of a retail authority that the retail entity must comply with the Queensland grid code.’. ˙ Amendment of s 268 (Trade if generation less than 30 MW net capacity only with authorised supplier etc.) 12.(1) Section 268, heading ‘ authorised supplier ’— omit, insert— ‘ retail entity ’. (2) Section 268(a)— omit, insert— ‘(a) the retail entity in whose area the plant is located; or’.

s 13 32 s 16 Electricity Amendment (No. 3) No. 179, 1997 ˙ Amendment of s 272 (Network services to comply with Queensland grid code) 13. Section 272, ‘obligated suppliers’— omit, insert— ‘distribution entities’. ˙ Amendment of s 273 (Seller in retail trade to meet cost of network services etc.) 14.(1) Section 273(1), ‘seller’— omit, insert— ‘relevant transmission entity or distribution entity’. (2) Section 273(2), ‘obligated supplier’— omit, insert— ‘distribution entity’. ˙ Amendment of s 274 (Sellers and buyers in wholesale trade to meet cost of network services etc.) 15. Section 274, ‘obligated suppliers’— omit, insert— ‘distribution entities’. ˙ Amendment of s 275 (Transmission entity and obligated supplier responsible for metering system) 16.(1) Section 275, heading, ‘ obligated supplier ’— omit, insert— ‘ distribution entity ’. (2) Section 275(1)(b), ‘supply network operator’— omit, insert— ‘distribution entity’.

s 17 33 s 20 Electricity Amendment (No. 3) No. 179, 1997 ˙ Amendment of s 284 (Allocation of electrical losses in transmission grid and supply networks) 17. Section 284(3), ‘an obligated supplier’— omit, insert— ‘a distribution entity’. ˙ Amendment of s 286 (Working out of electricity taken by obligated supplier) 18.(1) Section 286, heading ‘ obligated supplier ’— omit, insert— ‘ distribution entity ’. (2) Section 286(3), ‘obligated supplier’— omit, insert— ‘distribution entity’. ˙ Amendment of s 287 (Appointment of QETC as settlements entity) 19. Section 287(2)(c), ‘obligated supplier’— omit, insert— ‘distribution entity’. ˙ Amendment of s 294 (Approval to connect for generation plant of certain State electricity entities installed immediately before 1 January 1995) 20. Section 294(1), ‘North Queensland Electricity Corporation or QTSC’— omit, insert— ‘or North Queensland Electricity Corporation’.

s 21 34 s 23 Electricity Amendment (No. 3) No. 179, 1997 ˙ Amendment of s 295 (Approval to connect for mobile generating plant for emergency or maintenance work by obligated suppliers) 21.(1) Section 295, heading ‘ obligated suppliers ’— omit, insert— ‘ distribution entities ’. (2) Section 295(1), ‘An obligated supplier’— omit, insert— ‘A distribution entity’. (3) Section 295(2), ‘an obligated supplier’— omit, insert— ‘a distribution entity’. ˙ Amendment of s 296 (Approval to connect certain generating plant with 1 MW or less capacity) 22.(1) Section 296, heading ‘ 1 MW ’— omit, insert— ‘ 30MW ’. (2) Section 296(1), ‘1 MW’— omit, insert — ‘30 MW’. (3) Section 296(1), words after ‘network if’— omit, insert— ‘electricity generated is not sold, other than to the retail entity in whose retail area the generation plant is located.’. ˙ Insertion of new ss 298A and 298B 23. After section 298— insert—

s 23 35 s 23 Electricity Amendment (No. 3) No. 179, 1997 ˙ ‘ NorthPower’s authorised supplier authorities ‘ 298A.(1) NorthPower has a special approval for 6 months from the commencement of the ElectricityAmendmentAct1997 (the “commencement” ). ‘ (2) The approval is subject to the conditions— (a) under the Act that apply to a distribution authority and a retail authority; and (b) stated in the authorised supplier authorities issued to NorthPower by QTSC as if a reference in the authorities to QTSC is a reference to the regulator. ‘ (3) While the approval is in force, NorthPower is taken to be a distribution entity for section 10(3)(b). 11 ‘ (4) The approval authorises NorthPower to carry out an activity— (a) it could, immediately before the commencement, have carried out under the authorities; and (b) that would otherwise require it to be a distribution entity or retail entity. ‘ (5) A reference in the authorities to the supply of electricity includes the supply of electricity using a supply network and the sale of electricity. ‘ (6) This section expires 6 months after the commencement. ˙ ‘ Approval for exemption holders—Act, s 300 ‘ 298B.(1) A person who holds an exemption under section 300 12 of the Act has a special approval to sell electricity to customers. ‘ (2) The approval ends— (a) 1 year after the commencement; or (b) when the exemption ends.’. 11 Section 10 (Composition of EWC Board) 12 Section 300 of the Act (Minister may give exemptions from holding a retail authority)

s 24 36 s 26 Electricity Amendment (No. 3) No. 179, 1997 ˙ Insertion of new ss 306A and 306B 24. After section 306— insert— ˙ ‘ Transferred employees not made redundant ‘ 306A. A transferred employee is not made redundant merely because of the transfer. ˙ ‘ Employment conditions not generally transferred ‘ 306B. A transfer of employment within the GOE industry does not transfer any employment conditions or entitlements to the employment with the new employer, other than as provided under an Act.’. ˙ Amendment of s 307 (Application of this part) 25.(1) Section 307, heading, ‘ this part ’— omit, insert— ‘ pt 3 ’. (2) Section 307(1)(b)— omit, insert— ‘(b) resigned the former employment within 3 months before starting the new employment; or (c) is not a redundant employee.’. ˙ Replacement of ch 6, pt 6 (Overtime payments) 26. Chapter 6, part 6— omit, insert—

s 26 37 s 26 Electricity Amendment (No. 3) No. 179, 1997 ‘ PART 6—PROVISIONS CONCERNING ELECTRICITY INDUSTRY RESTRUCTURE ˙ ‘ Continuation of employment if employer becomes a GOC ‘ 327.(1) This section applies to a person if— (a) the person was a GOE industry employee immediately before the commencement; and (b) the person’s employer becomes a GOC under the— (i) Government Owned Corporations Restructure—Stage 2) Regulation 1997 ; or (QTSC (ii) Government Owned Corporations Restructure—Stage 2) Regulation 1997 ; and (QGC (c) the person continues to be employed by the GOC after the employer becomes a GOC. ‘ (2) To remove any doubt, the person’s employment is taken to have continued with the same employer despite— (a) the employer becoming a GOC; or (b) any change to the employer’s share capital, shareholding, legal personality or functions. ˙ ‘Meaning of “redundant” and “redundant employee” ‘ 327A.(1) An employee becomes “redundant” if the person’s employer no longer needs or has a substantially diminished need for services of a particular kind performed by the person. ‘ (2) A person is a “redundant employee” if— (a) immediately before the commencement the person was employed by a State electricity entity; and (b) the person’s employment with the entity ends within 1 year of the commencement; and (c) the employment ended because the person was redundant; and (d) the person receives a redundancy payment from the entity.

s 26 38 s 26 Electricity Amendment (No. 3) No. 179, 1997 ˙ ‘ Restriction on engaging redundant employees ‘ 327B.(1) A State electricity entity or AUSTA Energy Corporation must not engage a redundant employee within the employee’s redundancy payment period unless— (a) the engagement is approved by the Minister; or (b) the employee has paid the Treasurer the reimbursement amount worked out under subsection (3). Maximum penalty—20 units. ‘ (2) The redundancy payment period— (a) begins when the employee became redundant; and (b) is the longer of— (i) the number of weeks used to calculate the employee’s redundancy payment; or (ii) 1 year. ‘ (3) The formula for working out the reimbursement amount is— a = b – (c x d) ‘where— “a” is the reimbursement amount. “b” is the redundancy payment. “c” is the number of weeks from the employee’s redundancy to when the employee is next engaged by a State electricity entity. “d” is the weekly rate of pay used in calculating the employee’s redundancy payment. ‘ (4) An approval under subsection (1)(a) may be given on conditions. ‘ (5) In this section— “engage” , a redundant employee, means employing or engaging— (a) the employee to perform services; or (b) another as a contractor, other than by public tender, to perform services if the other person directly or indirectly employs or

s 27 39 s 27 Electricity Amendment (No. 3) No. 179, 1997 engages the employee to perform the whole or part of the services. “redundancy payment” means a payment made to a person because the person became redundant, other than a payment for external training, leave entitlements or time-in-lieu of overtime.’. ˙ Insertion of new ss 342 and 343 27. After section 341— insert — ˙ ‘ Notifying exemptions—Act, s 300 ‘ 342.(1) If the Minister gives an exemption under section 300 13 of the Act, the Minister must notify the making of the exemption by gazette notice within 14 days. ‘ (2) The notice must state any conditions on which the exemption is given. ‘ (3) Failure to notify under subsection (2) does not invalidate the exemption. ˙ ‘ Amending or cancelling exemptions—Act, s 300 ‘ 343.(1) The Minister may amend or cancel an exemption under section 300 of the Act. ‘ (2) If an exemption is amended or cancelled, the Minister must— (a) give notice of the amendment or cancellation to the holder of the exemption within 7 days; 14 and (b) publish a copy of the notice in the gazette within 14 days. 13 Section 300 of the Act(Minister may give exemptions from holding a retail authority) 14 Under part 4 of the JudicialReviewAct1991 , a person aggrieved by an administrative decision of the Minister can ask the Minister to give a written statement of reasons for the decision, if they are not given. See section 27B of the Acts Interpretation Act 1954 (Content of statement of reasons for decision) for what the Minister must set out in those reasons.

s 28 40 s 29 Electricity Amendment (No. 3) No. 179, 1997 ‘ (3) An amendment or cancellation takes effect— (a) on a day stated in the notice; or (b) if no day is stated in the notice—the day the notice is given.’. ˙ Amendment of s 342 (Certain activities excluded and commercial activities) 28.(1) Section 342(1), ‘QTSC or a State authorised supplier’— omit, insert— ‘an electricity entity that is a State electricity entity’. (2) Section 342(2)— omit, insert— ‘ (2) For section 256 of the Act, negotiations between the shareholding Ministers of an electricity entity that is a State authorised supplier and the electricity entity about costs and charges for the provision of electricity as a community service obligation is a commercial activity of the electricity entity.’. (3) Section 342(3), ‘QTSC and a State authorised supplier’— omit, insert— ‘electricity entities and State electricity entities’. (4) Section 342— renumber as section 344. ˙ Insertion of new ch 8, pt 3 29. After section 344, as renumbered— insert—

s 30 41 s 31 Electricity Amendment (No. 3) No. 179, 1997 ‘ PART 3—DECLARED STATE ELECTRICITY ENTITIES ˙ ‘ AUSTA Energy Corporation and QGC ‘ 345.(1) AUSTA Energy Corporation is declared to be a State electricity entity for sections 259A and 299 15 of the Act. ‘ (2) QGC is declared to be a State electricity entity for sections 259A and 299 of the Act for 1 year from the commencement. ‘ (3) Subsection (2) expires 1 year after the commencement.’. ˙ Renumbering of 351A–353 30. Sections 351A to 353— renumber as sections 346 to 348. ˙ Replacement of sch 4 (Review of decisions by the regulator) 31. Schedule 4— omit, insert — 15 Section 259A of the Act (Regulation may declare a State electricity entity) and Section 299 of the Act (Directions to State electricity entities)

s 31 42 s 31 Electricity Amendment (No. 3) No. 179, 1997 ‘ SCHEDULE 4 ‘ REVIEW OF DECISIONS BY THE REGULATOR section 328 Section Description of decision 110 212(1) 216(2)(a) 216(2)(b) 216(2)(c) 216(2)(d) 217 220 221 Facilities electricity entity decides are necessary to attach an overhead service line to the customer’s premises or for the entrance, support, protection and termination of an underground service line Decision by distribution entity that it does not have an obligation to provide customer connection services to a customer Requirement by distribution entity for customer to regulate the use of an electrical article Requirement by distribution entity for customer to use or deal with electricity supplied in the stated way Requirement by distribution entity for customer to ensure a motor installation or starting device connected to a source of electricity supply complies with the requirements of the Regulator Requirement by distribution entity for customer about the power factor of an electrical installation Refusal to connect or reconnect supply, or disconnection of supply, to electrical installation by distribution entity Requirement by distribution entity for changes to a customer’s electrical installation Requirement by distribution entity for provision of links for connecting meters to an incoming supply

s 32 43 s 32 Electricity Amendment (No. 3) No. 179, 1997 223 and 224 226(2) 226(3) 231 234 239 248A(1) Requirement by distribution entity about space, housing, mounting and connecting facilities for a meter or control apparatus Requirement by distribution entity for provision of safe access Action by distribution entity to install remote measuring or other equipment or to disconnect supply of electricity to a customer’s premises Adjustment by distribution entity or retail entity of electricity accounts Adjustment by distribution entity of electricity accounts after test under section 234. Requirement by distribution entity for provision of space for a substation, a right of way or access to the supplier’s equipment Decision by retail entity that it does not have an obligation to provide customer re ta il services.’. ˙ Amendment of sch 8 (Dictionary) 32.(1) Schedule 8, definition “supplier” — omit. (2) Schedule 8— insert—

s 32 44 s 32 Electricity Amendment (No. 3) No. 179, 1997 ‘ “customer connection services” means, for electrical installations or premises— (a) the connection of the electrical installation or premises to a supply network so as to allow the supply of electricity from the supply network to the electrical installation or premises; and (b) supplying electricity from the supply network to the electrical installation or premises. “customer retail services” means, for electrical installations or premises— (a) the sale of electricity to the electrical installation or premises; or (b) the sale of electricity to the electrical installation or premises and arranging for the— (i) connection of the electrical installation or premises to a supply network so as to allow the supply of electricity from the supply network to the electrical installation or premises; and (ii) supply of electricity from the supply network to the electrical installation or premises. “distribution entity” , for an electrical installation or premises, means the distribution entity who provides customer connection services to the electrical installation or premises. “redundant” , in chapter 6, see section 327A. “redundant employee” , in chapter 6, see section 327A. “relevant supplier” means the distribution entity or the special approval holder who provides customer connection services to the electrical installation or premises. “retail entity” , for an electrical installation or premises, means the retail entity who provides customer retail services to the electrical installation or premises. “supplier” means a distribution entity or special approval holder who provides customer connection services to an electrical installation or premises.’. (3) Schedule 8, definition “retail trade” , paragraph (a), ‘an obligated supplier’—

s 32 45 s 32 Electricity Amendment (No. 3) No. 179, 1997 omit, insert— ‘a retail entity’. (4) Schedule 8, definition “trading participant” , after ‘supplying’— insert— ‘or selling’. (5) Schedule 8, definition “wholesale trade” , paragraph (a), ‘an obligated supplier’— omit, insert— ‘a retail entity’. ENDNOTES 1. Made by the Governor in Council on 26 June 1997. 2. Notified in the gazette on 27 June 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Mines and Energy. © State of Queensland 1997