Electricity Amendment Regulation (No. 8) 1997 (Qld)

ELECTRICITY AMENDMENT REGULATION (No. 8) 1997

Queensland Subordinate Legislation 1997 No. 473 Electricity Act 1994 ELECTRICITY AMENDMENT REGULATION (No. 8) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 3 (Purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 211 (Limits on obligation to provide customer connection services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Replacement of s 214 (Disconnection for failure to pay debts) . . . . . . . . . 5 214 When distribution entity may refuse to connect or may disconnect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Omission of ch 4, pt 1, div 4 (Amending standard customer connection contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Replacement of ch 4, pt 1, div 5, hdg (What is not discrimination) . . . . . 7 Division 4—What is not unfair or unreasonable 9 Amendment of ss 244–246 and 248F–248H . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of ss 247 and 248I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of s 248 (Limits on obligation to provide customer retail services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Replacement of s 248C (Disconnection for failure to pay debts) . . . . . . . . 8 248C When retail entity is not obliged to provide customer retail services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Omission of ch 4, pt 2, div 2 (Amending standard customer sale contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Electricity Amendment (No. 8) No. 473, 1997 14 Replacement of ch 4, pt 2, div 3, hdg (What is not discrimination) . . . . . 9 Division 2—What is not unfair or unreasonable 15 Insertion of new ch 4, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 2A—DISPUTES ABOUT WHAT IS FAIR AND REASONABLE 248IA Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 248IB Regulator may seek advice or information . . . . . . . . . . . . . . . . . . . . 11 248IC Parties to maintain secrecy of advice or information . . . . . . . . . . . . 11 16 Replacement of ch 4, pt 5 (Contestable customers) . . . . . . . . . . . . . . . . . . 11 PART 5—CONTESTABLE CUSTOMERS Division 1—Large consumption customers 248T Meaning of “approved supply” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 248TA Meaning of “connection” and “approved connections” . . . . . . . . . . 12 248TB More than 40 GWh in a consumption period . . . . . . . . . . . . . . . . . . 13 248TC Data used to measure consumption . . . . . . . . . . . . . . . . . . . . . . . . . . 13 248TD Estimated future consumption more than 40 GWh . . . . . . . . . . . . . . 13 Division 2—Contestable customers in NorthPower’s area 248TE Contestable customers in NorthPower’s area . . . . . . . . . . . . . . . . . . 14 Division 3—Other contestable customers 248TF Sun Metals Corporation Pty Ltd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 4—Resolving disputes about contestability 248TG Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 248TH Dispute resolver may seek advice or information . . . . . . . . . . . . . . . 16 248TI Parties to maintain secrecy of advice or information . . . . . . . . . . . . 17 248TJ Decision binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 17 Insertion of new ch 5, pt 2, div 1 and div 2 hdg . . . . . . . . . . . . . . . . . . . . . . 17 Division 1—Separation of industry sectors 261A Generation and retail sectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 261B Distribution and retail sectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 261C Retail and generation sectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2—Compliance with Market Code

3 Electricity Amendment (No. 8) No. 473, 1997 18 Insertion of new ch 5, pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3—Miscellaneous 262A Compliance with regulator’s decisions under s 248IA . . . . . . . . . . . 18 262B Retail entity must comply with prices or methodology . . . . . . . . . . 18 19 Insertion of new s 263A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 263A Expiry of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 Amendment of s 298A (NorthPower’s authorised supplier authorities) . . . . 19 21 Insertion of new ss 298B and 298C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 298B Special approval for QETC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 298C Special approval for certain activities under s 138 of the repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 CHAPTER 5A—PROHIBITED INTERESTS 298D Generation authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 298E Distribution authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 298F Retail authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 23 Replacement of ch 7, pt 2, div 1 (Appeals against Minister’s decision on contestability) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 1—Appeals against decisions on what is fair and reasonable 331A Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 331B Making appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 24 Insertion of new s 341A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 341A Exemption from Act, s 92I(2)(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 25 Amendment of s 343A (NECA’s functions) . . . . . . . . . . . . . . . . . . . . . . . . . . 22 26 Amendment of ss 343B and 343D–343G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 27 Amendment of s 344 (Commercial and excluded activities for Act, s 256) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 28 Amendment of sch 7 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 29 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

s1 4 s5 Electricity Amendment (No. 8) No. 473, 1997 ˙ Short title 1. This regulation may be cited as the Electricity Amendment Regulation (No. 8) 1997 . ˙ Commencement 2. Section 16 1 commences on 28 February 1998. ˙ Regulation amended 3. This regulation amends the Electricity Regulation 1994 . ˙ Amendment of s 3 (Purposes) 4. Section 3(b), ‘nondiscriminatory’— omit, insert— ‘fair and reasonable’. ˙ Amendment of s 211 (Limits on obligation to provide customer connection services 5.(1) Section 211(1), ‘sections 40(2)(b) and 40E(e) and (j)’— omit, insert— ‘sections 40(3) and 40E(1)(e) and (i)’. (2) Section 211(2)(c) to (j)— renumber as section 211(2)(d) to (k). (3) Section 211(2)— insert— ‘(c) the customer applies for the supply of electricity to the premises at a rate more than the maximum capacity of the connection to the entity’s supply network; or’. 1 Section 16 (Replacement of ch 4, pt 5 (Contestable customers))

s6 5 s6 Electricity Amendment (No. 8) No. 473, 1997 (4) Section 211(2)(h), as renumbered, example, ‘paragraph (g)’— omit, insert— ‘paragraph (h)’. (5) Section 211(3)— renumber as section 211(5). (6) Section 211— insert — ‘ (3) Subsection (2)(c) does not apply if the customer pays an amount to the entity for works necessary to increase the maximum capacity to supply the customer at the rate the customer has applied for. ‘ (4) The entity must give the customer a reasonable opportunity to pay an amount mentioned in subsection (3).’. ˙ Replacement of s 214 (Disconnection for failure to pay debts) 6. Section 214— omit, insert— ˙ ‘ When distribution entity may refuse to connect or may disconnect ‘ 214.(1) A distribution entity may refuse to connect or reconnect any premises of a customer to the entity’s supply network if the customer— (a) contravenes the Act or this regulation in relation to the supply of electricity to any premises of the customer; or (b) fails to make a reasonable advance payment for charges for providing customer connection services to any premises of the customer; or (c) fails to pay an amount the customer owes the distribution entity under, or otherwise breaches, any customer connection contract between the customer and the distribution entity; or (d) is a party to a customer sale contract with a retail entity for providing customer retail services to other premises of the customer and the retail entity asks the distribution entity to disconnect the other premises from the distribution entity’s

s6 6 s6 Electricity Amendment (No. 8) No. 473, 1997 supply network because the customer— (i) contravenes the Act or this regulation in relation to the supply or sale of electricity to the other premises; or (ii) fails to make a reasonable advance payment for charges for providing the customer retail services; or (iii) fails to pay an amount the customer owes the retail entity under, or otherwise breaches, the customer sale contract for the other premises. ‘ (2) A distribution entity may disconnect a customer’s premises from the entity’s supply network if the customer— (a) contravenes the Act or this regulation in relation to the supply of electricity to the premises; or (b) fails to pay an amount the customer owes the distribution entity under, or otherwise breaches, its customer connection contract with the distribution entity for the premises; or (c) is a party to a customer sale contract with a retail entity for providing customer retail services to the premises and the retail entity asks the distribution entity to disconnect the premises because the customer— (i) contravenes the Act or this regulation in relation to the supply or sale of electricity to the premises; or (ii) fails to pay an amount the customer owes the retail entity under, or otherwise breaches, its customer sale contract with the retail entity for the premises. ‘ (3) However, the distribution entity may only disconnect if any condition under the customer connection contract or customer sale contract for disconnection has been complied with. Example of a condition — A requirement in the customer connection contract or customer sale contract for the distribution entity to give notice of its intention to disconnect under subsection (2). ‘ (4) This section does not limit— (a) a right to interrupt supply of electricity under a customer connection contract; or

s 7 7 s 11 Electricity Amendment (No. 8) No. 473, 1997 (b) a right or obligation to disconnect premises, or refuse to connect or reconnect premises, under a customer connection contract.’. ˙ Omission of ch 4, pt 1, div 4 (Amending standard customer connection contracts) 7. Chapter 4, part 1, division 4— omit. ˙ Replacement of ch 4, pt 1, div 5, hdg (What is not discrimination) 8. Chapter 4, part 1, division 5, heading— omit, insert— ‘ Division 4—What is not unfair or unreasonable ’. ˙ Amendment of ss 244–246 and 248F–248H 9. Sections 244, 245, 246(1), 248F, 248G and 248H(1) ‘discrimination by the entity’— omit, insert— ‘unfair or unreasonable’. ˙ Amendment of ss 247 and 248I 10. Sections 247(2) and 248I(2) ‘discrimination’— omit, insert— ‘unfair or unreasonable’. ˙ Amendment of s 248 (Limits on obligation to provide customer retail services) 11.(1) Section 248(1)(f), ‘arrange’— omit, insert— ‘provide’.

s 12 8 s 12 Electricity Amendment (No. 8) No. 473, 1997 (2) Section 248(1)(g), ‘arranges’— omit, insert— ‘provides’. ˙ Replacement of s 248C (Disconnection for failure to pay debts) 12. Section 248C— omit, insert — ˙ ‘ When retail entity is not obliged to provide customer retail services ‘ 248C.(1) A retail entity is not under an obligation to provide customer retail services to premises of a customer if the customer— (a) contravenes the Act or this regulation in relation to the supply or sale of electricity to any premises of the customer; or (b) fails to make a reasonable advance payment for charges for providing customer retail services to any premises of the customer; or (c) fails to pay an amount the customer owes the retail entity under, or otherwise breaches, any customer sale contract between the customer and the retail entity. ‘ (2) If subsection (1) applies, the retail entity may ask its distribution entity to refuse to connect or reconnect any premises of the customer to the distribution entity’s supply network. ‘ (3) Also, if there is a customer sale contract between a customer and a retail entity for a premises of the customer, the retail entity is not under an obligation to continue to provide customer retail services to the premises if the customer— (a) contravenes the Act or this regulation in relation to the supply or sale of electricity to the premises; or (b) fails to pay an amount the customer owes the retail entity under, or otherwise breaches, the customer’s customer sale contract with the retail entity for the premises.

s 13 9 s 15 Electricity Amendment (No. 8) No. 473, 1997 ‘ (4) If subsection (3) applies, the retail entity may ask its distribution entity to disconnect the customer’s premises from the distribution entity’s supply network. ‘ (5) However, the distribution entity may only disconnect if any condition under the customer sale contract for disconnection has been complied with. Example of a condition — A requirement in the customer sale contract for the retail entity to give notice of its intention to ask the distribution entity to disconnect under subsection (4). ‘ (6) This section 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.’. ˙ Omission of ch 4, pt 2, div 2 (Amending standard customer sale contracts) 13. Chapter 4, part 2, division 2— omit. ˙ Replacement of ch 4, pt 2, div 3, hdg (What is not discrimination) 14. Chapter 4, part 2, division 3, heading— omit, insert— ‘ Division 2—What is not unfair or unreasonable ’. ˙ Insertion of new ch 4, pt 2A 15. After section 248I— insert—

s 15 10 s 15 Electricity Amendment (No. 8) No. 473, 1997 ‘ PART 2A—DISPUTES ABOUT WHAT IS FAIR AND REASONABLE ˙ ‘ Dispute resolution ‘ 248IA.(1) This section applies if— (a) the Act or this regulation requires an electricity entity to do something on fair and reasonable terms or on a fair and reasonable basis; and (b) there is a dispute about fairness or reasonableness; and (c) the dispute is not an access dispute under the QueenslandCompetition Authority Act 1997 , section 112(2). 2 ‘ (2) A party to the dispute may ask the regulator to resolve the dispute. ‘ (3) The regulator may— (a) give instructions about procedures the parties must follow to attempt to resolve the dispute before the regulator takes steps to resolve it; or (b) require a party to give the regulator information the regulator considers necessary to enable the dispute to be resolved. ‘ (4) The regulator must give each party a reasonable opportunity to make representations before making the decision. ‘ (5) After considering any representations, the regulator must decide the issue in dispute. ‘ (6) The regulator must inform the parties of the decision by written notice stating the following— (a) the decision; (b) the reasons for the decision; (c) that either party may appeal against the decision to a District Court within 28 days. 2 Queensland Competition Authority Act 1997 , section 112 (Giving dispute notice)

s 16 11 s 16 Electricity Amendment (No. 8) No. 473, 1997 ˙ ‘ Regulator may seek advice or information ‘ 248IB.(1) This section applies if, under section 248IA(2), the regulator has been asked to resolve a dispute. ‘ (2) To help resolve the dispute, the regulator may seek advice or information from any other person. ‘ (3) The regulator may take the advice or information into account in resolving the dispute. ‘ (4) If the regulator seeks information or advice or takes into account advice or information the regulator has been given for any other dispute, the regulator must— (a) if the advice or information is written—give a copy of it to the parties; or (b) if the advice or information is oral—disclose the substance of the advice to the parties. ˙ ‘ Parties to maintain secrecy of advice or information ‘ 248IC.(1) This section applies if under section 248IB(4) the regulator gives advice or information, or discloses the substance of advice or information, to a person who is a party to the dispute. ‘ (2) The person must not disclose the advice or information to another person unless the person has a reasonable excuse. Maximum penalty—20 penalty units. ‘ (3) It is a reasonable excuse for a person to disclose the advice or information if the disclosure is for— (a) the resolution of the dispute; or (b) an appeal against the regulator’s decision on the dispute.’. ˙ Replacement of ch 4, pt 5 (Contestable customers) 16. Chapter 4, part 5— omit, insert —

s 16 12 s 16 Electricity Amendment (No. 8) No. 473, 1997 ‘ PART 5—CONTESTABLE CUSTOMERS ‘ Division 1—Large consumption customers ˙ ‘ Meaning of “approved supply” ‘ 248T. In this division, an “approved supply” means a supply of electricity to a customer’s premises by a supplier if, before 1 July 1997, the supplier— (a) supplied electricity to the premises; and (b) charged, or had agreed to charge, the customer for the supply on the basis of the combined consumption of electricity at more than 1 connection. ˙ ‘ Meaning of “connection” and “approved connections” ‘ 248TA.(1) In this division, a “connection” , for the supply of electricity to a customer at the customer’s premises, means the place at which the electricity last leaves the distribution entity’s supply network before being supplied to the premises. ‘ (2) Subsection (1) applies whether the electricity leaves through single or multiple electrical lines. ‘ (3) “Approved connections” are the connections that formed the basis of the combined consumption of electricity at more than 1 connection for an approved supply. ‘ (4) In this section— “distribution entity” means the distribution entity in whose distribution area the connection for the supply is located. “supply network” does not include facilities or works owned or operated by a person other than the distribution entity through which the electricity passes.

s 16 13 s 16 Electricity Amendment (No. 8) No. 473, 1997 ˙ ‘ More than 40 GWh in a consumption period ‘ 248TB.(1) A customer is declared to be a contestable customer for the customer’s premises if the total consumption for the premises in a consumption period is more than 40 GWh. ‘ (2) During the first year from the commencement of this section, the declaration only takes effect when the customer gives signed notice to the Minister that the customer elects to become a contestable customer. ‘ (3) If the declaration has not already taken effect under subsection (2), it takes effect on the later of the following— (a) the end of the consumption period mentioned in subsection (1); (b) 1 year from the commencement. ‘ (4) The declaration continues even if total consumption in a later consumption period is less than 40 GWh. ‘ (5) In this section— “consumption period” means any period of 1 year that began or begins on any day from 1 July 1996. “total consumption” means the electricity, decided by a person authorised by the Minister, taken by the premises as follows— (a) if the premises had only 1 connection—the connection; (b) if the premises had more than 1 connection and the supply of electricity was an approved supply—the approved connections. ˙ ‘ Data used to measure consumption ‘ 248TC. For section 248TB, electricity taken from a connection by the premises must be worked out from data collected from a meter for the connection. ˙ ‘ Estimated future consumption more than 40 GWh ‘ 248TD.(1) A customer is declared to be a contestable customer for a premises if the estimated total consumption for the premises in a future consumption period is more than 40 GWh.

s 16 14 s 16 Electricity Amendment (No. 8) No. 473, 1997 ‘ (2) During the first year from the commencement of this section, the declaration only takes effect when the customer gives signed notice to the Minister that the customer elects to become a contestable customer. ‘ (3) If the declaration has not already taken effect under subsection (2), it takes effect on the later of the following— (a) the start of the future consumption period mentioned in subsection (1); (b) 1 year from the commencement. ‘ (4) The declaration continues even if actual total consumption in a consumption period after the future consumption period is less than 40 GWh. ‘ (5) In this section— “estimated total consumption” means the electricity, estimated by a person authorised by the Minister, likely to be taken by the premises as follows— (a) if the premises had only 1 connection—the connection; (b) if the premises had more than 1 connection and the supply of electricity was an approved supply—the approved connections. “future consumption period” means any period of 1 year that— (a) began or begins on any day from 1 January 1997; and (b) has not finished at any time after the commencement. ‘ Division 2—Contestable customers in NorthPower’s area ˙ ‘ Contestable customers in NorthPower’s area ‘ 248TE.(1) A customer is declared to be a contestable customer for premises of the customer if— (a) the premises are within NorthPower’s area; and

s 16 15 s 16 Electricity Amendment (No. 8) No. 473, 1997 (b) the customer would, if the premises were in New South Wales, be a ‘non-franchise customer’ under any order in force under the Electricity Supply Act 1995(NSW), section 92(1). 3 ‘ (2) For the purpose of deciding whether a person is a contestable customer under subsection (1), a function or power under an order may be exercised by— (a) a person given a corresponding function or power under the Act; or (b) if no person has a corresponding function or power under the Act—the Minister or a person appointed by the Minister. ‘ Division 3—Other contestable customers ˙ ‘ Sun Metals Corporation Pty Ltd ‘ 248TF. Sun Metals Corporation Pty Ltd (ACN 074241982) is declared to be a contestable customer at the Townsville zinc smelter. ‘ Division 4—Resolving disputes about contestability ˙ ‘ Dispute resolution ‘ 248TG.(1) This section applies if there is dispute, about whether a customer is a contestable customer under this part. ‘ (2) The customer may ask the Minister, or a person appointed by the Minister, (the “dispute resolver” ) to resolve the dispute. ‘ (3) The dispute resolver may— (a) give instructions about procedures the parties to the dispute must follow to attempt to resolve the dispute before the dispute resolver attempts to resolve it; or 3 The Electricity Supply Act 1995 (NSW), section 92(1) provides— ‘(1) The Minister may, by order published in the Gazette, declare any specified person, or any specified class of persons, to be non-franchise customers for the purposes of this Act.’.

s 16 16 s 16 Electricity Amendment (No. 8) No. 473, 1997 (b) require a party to give the dispute resolver information the dispute resolver considers necessary to enable the dispute to be resolved. ‘ (4) The dispute resolver must give each party a reasonable opportunity to make representations before making the decision. ‘ (5) After considering any representations, the dispute resolver must decide whether the customer is a contestable customer. ‘ (6) The dispute resolver must inform the parties of the decision by written notice stating the— (a) decision; and (b) reasons for the decision. ˙ ‘ Dispute resolver may seek advice or information ‘ 248TH.(1) This section applies if, under section 248TG(2), a dispute resolver has been asked to resolve a dispute. ‘ (2) To help resolve the dispute, the dispute resolver may seek advice or information from any other person. Example — If there is a dispute under section 248TE(1)(b) about whether the customer would be a non-franchise customer under the New South Wales law mentioned in that section, the dispute resolver may seek advice or information to help resolve the dispute from— (a) the department; or (b) a department of government of New South Wales that administers the New South Wales law. ‘ (3) The dispute resolver may take the advice or information into account in deciding whether the customer is a contestable customer. ‘ (4) If the dispute resolver seeks information or advice or takes into account advice or information the dispute resolver has been given for any other dispute, the dispute resolver must— (a) if the advice or information is written—give a copy of it to the parties; or (b) if the advice or information is oral—disclose the substance of the advice to the parties.

s 17 17 s 17 Electricity Amendment (No. 8) No. 473, 1997 ˙ ‘ Parties to maintain secrecy of advice or information ‘ 248TI.(1) This section applies if under section 248TH(4) the dispute resolver gives advice or information, or discloses the substance of the advice or information, to a person who is a party to the dispute. ‘ (2) The person must not disclose the advice or information to another person unless the person has a reasonable excuse. Maximum penalty—20 penalty units. ‘ (3) It is a reasonable excuse for a person to disclose the advice or information if the disclosure is for— (a) the resolution of the dispute; or (b) an appeal against the dispute resolver’s decision on the dispute. ˙ ‘ Decision binding ‘ 248TJ.(1) The dispute resolver’s decision under section 248TH binds each party to the dispute. ‘ (2) A party may not apply for a review of, or appeal against, the order other than under the Judicial Review Act 1991 .’. ˙ Insertion of new ch 5, pt 2, div 1 and div 2 hdg 17. Chapter 5, part 2, before section 262— insert — ‘ Division 1—Separation of industry sectors ˙ ‘ Generation and retail sectors ‘ 261A. It is a condition of a generation authority that its holder must not hold a retail authority with a retail area. ˙ ‘ Distribution and retail sectors ‘ 261B. It is a condition of a distribution authority that its holder must not hold a retail authority.

s 18 18 s 18 Electricity Amendment (No. 8) No. 473, 1997 ˙ ‘ Retail and generation sectors ‘ 261C. It is a condition of a retail authority with a retail area that its holder must not hold a generation authority. ‘ Division 2—Compliance with Market Code ’. ˙ Insertion of new ch 5, pt 2, div 3 18. Chapter 5, before part 3— insert — ‘ Division 3—Miscellaneous ˙ ‘ Compliance with regulator’s decisions under s 248IA ‘ 262A.(1) It is a condition of an electricity entity’s authority that the entity must comply with a decision by the regulator under section 248IA 4 about a dispute to which the entity was a party. ‘ (2) However, the condition does not apply if the decision has been stayed. ˙ ‘ Retail entity must comply with prices or methodology ‘ 262B.(1) This section applies if the Minister has— (a) decided the prices, or the methodology to fix the prices, that a retail entity may charge for the sale of electricity it sells or for other services it provides to non-contestable customers; and (b) given written notice of the prices or the methodology to the retail entity. ‘ (2) It is a condition of the retail entity’s retail authority that it must charge the prices, or prices fixed under the methodology, decided by the Minister. 4 Section 248IA (Dispute resolution)

s 19 19 s 21 Electricity Amendment (No. 8) No. 473, 1997 ‘ (3) This section expires when the Electricity Amendment Act (No. 3)1997 , section 34 5 commences.’. ˙ Insertion of new s 263A 19. Chapter 5, part 3, after section 263— insert — ˙ ‘ Expiry of pt 3 ‘ 263A. This part expires when the Electricity—NationalScheme(Queensland) Act 1997 commences.’. ˙ Amendment of s 298A (NorthPower’s authorised supplier authorities) 20.(1) Section 298A(1), words after ‘approval’— omit, insert — ‘until this section expires.’. (2) Section 298A(6)— omit, insert — ‘ (6) This section expires on the happening of the earlier of the following— (a) 30 June 1998; (b) NorthPower is issued with a distribution authority and a retail authority.’. ˙ Insertion of new ss 298B and 298C 21. Chapter 5, part 4, after section 298A— insert — 5 The Electricity Amendment Act (No. 3) 1997 , section 34 (Replacement of ch 4, pt 2 (Market and system arrangements and pricing))

s 21 20 s 21 Electricity Amendment (No. 8) No. 473, 1997 ˙ ‘ Special approval for QETC ‘ 298B. QETC has a special approval to generate and sell electricity for a purpose or function mentioned in section 33(2) 6 of the Act. ˙ ‘ Special approval for certain activities under s 138 of the repealed Act ‘ 298C.(1) This section applies to a person who immediately before the expiry of section 285 7 of the Act ( “the expiry” ) is the holder of a special approval under that section (the “expired approval” ). ‘ (2) The person has a special approval (the “new approval” ) from the expiry until whichever of the following happens first— (a) 1 July 1998; (b) the end of the term of the licence under section 138 of the repealed Act to which the expired approval relates; (c) the new approval is surrendered or revoked. ‘ (3) The new approval authorises the person to carry out any activity that— (a) the person could, immediately before the expiry, have carried out under the expired approval; and (b) would otherwise require the person to be a generation entity, transmission entity, distribution entity or retail entity. ‘ (4) For subsection (3), if the expired approval authorised the supply of electricity by the person and the supply is by way of sale, the new approval also authorises the sale of the electricity authorised to be supplied. ‘ (5) The approval is subject to the conditions that— (a) if the person would otherwise be required to be a generation entity—apply to a generation authority; or (b) if the person would otherwise be required to be a transmission entity—apply to a transmission authority; or 6 Section 33 (Additional condition not to buy and sell electricity) of the Act 7 Section 285 (Licences under s 138 of repealed Act) of the Act. That section expires on 1 January 1998 (see section 285(3)).

s 22 21 s 23 Electricity Amendment (No. 8) No. 473, 1997 (c) if the person would otherwise be required to be a distribution entity—apply to a distribution authority; or (d) if the person would otherwise be required to be a retail entity—apply to a retail authority. ‘ (6) This section expires on 2 July 1998.’. ˙ Insertion of new ch 5A 22. Before chapter 6— insert— ‘ CHAPTER 5A—PROHIBITED INTERESTS ˙ ‘ Generation authorities ‘ 298D. Holding a retail authority with a retail area is a prohibited interest for a generation entity. ˙ ‘ Distribution authorities ‘ 298E. Holding a retail authority is a prohibited interest for a distribution entity. ˙ ‘ Retail authorities ‘ 298F. Holding a generation authority is a prohibited interest for a retail entity that holds a retail authority with a retail area.’. ˙ Replacement of ch 7, pt 2, div 1 (Appeals against Minister’s decision on contestability) 23. Chapter 7, part 2, division 1— omit, insert —

s 24 22 s 25 Electricity Amendment (No. 8) No. 473, 1997 ‘ Division 1—Appeals against decisions on what is fair and reasonable ˙ ‘ Who may appeal ‘ 331A. If the regulator makes a decision under section 248IA, 8 any party to the dispute may appeal against the decision. ˙ ‘ Making appeal ‘ 331B. An appeal under section 331A must be made to a District Court as if the appeal was to a District Court under chapter 10, part 2 9 of the Act.’. ˙ Insertion of new s 341A 24. Chapter 8, part 1, division 1, after section 341— insert — ˙ ‘ Exemption from Act, s 92I(2)(a) ‘ 341A.(1) A retail entity or a special approval holder that purchases electricity to sell in Northpower’s area is exempted from section 92I(2)(a) 10 of the Act. ‘ (2) This section expires when the ElectricityAmendmentAct(No.3)1997 , section 34 11 commences.’. ˙ Amendment of s 343A (NECA’s functions) 25. Section 343A— insert— ‘ (3) This section expires when the Electricity—NationalScheme(Queensland) Act 1997 commences.’. 8 Section 248IA (Dispute resolution) 9 Chapter 10, part 2 (Appeals) of the Act 10 See section 92I (Registration with Queensland System Operator) of the Act. 11 The Electricity Amendment Act (No. 3) 1997 , section 34 (Replacement of ch 4, pt 2 (Market and system arrangements and pricing)

s 26 23 s 28 Electricity Amendment (No. 8) No. 473, 1997 ˙ Amendment of ss 343B and 343D–343G 26. Sections 343B and 343D to 343G— insert— ‘ (2) This section expires when the Electricity—NationalScheme(Queensland) Act 1997 commences.’. ˙ Amendment of s 344 (Commercial and excluded activities for Act, s 256) 27. Section 344— insert — ‘ (5) Subsection (3) expires when the Electricity—National Scheme(Queensland) Act 1997 commences.’. ˙ Amendment of sch 7 (Fees) 28.(1) Schedule 7, heading ‘section 352’— omit, insert — ‘section 347’. (2) Schedule 7, part 1— omit, insert— ‘ PART 1—REGULATOR The fees specified in this part are payable to the regulator. 1. Application for generation authority (section 179 of the Act) . . . . . . . . . $ 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued

s 28 24 s 28 Electricity Amendment (No. 8) No. 473, 1997 2. Application for transmission authority (section 188 of the Act) . 3. Application for distribution authority (section 196 of the Act) . . . . . . . . . 4. Application for retail authority (sections 204 and 207D of the Act) 5. Application for special approval (section 209 of the Act) . . . . . . . . . 6. Application for registration of an impressed current cathodic protection system (section 202) . . . . . . . . . . . 7. Inspection of register of impressed current cathodic protection systems (section 205) . . . . . . . . . . . . . . . . . 8. Certified copy of 1 entry in register of impressed current cathodic protection systems (section 205) . . 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued 250.00 plus reasonable costs incurred by the regulator in investigating whether the approval should be issued 150.00 10.00 20.00’.

s 29 25 s 29 Electricity Amendment (No. 8) No. 473, 1997 (3) Schedule 7, part 3— omit, insert— ‘ PART 3—ELECTRICITY ENTITIES The fees specified in this part are payable to the distribution entity. $ 1. Disconnection and reconnection of supply of electricity to a customer after disconnection because of debt— (a) if the reconnection is made during ordinary working hours . . . . . . . . . . . not more than 25.00 (b) if the reconnection is made outside ordinary working hours at the customer’s request . . . . . . . . . . . . . . . not more than 60.00 2. Testing of a meter by the distribution entity (section 227) . . . . . . . . . . . . . . . . . . . . . . . 10.00 3. Inspection and testing of a meter by an authorised person (section 232) . . . . . . . . . 100.00’. ˙ Amendment of sch 8 (Dictionary) 29.(1) Schedule 8, definitions “customer connection services” and “customer retail services” — omit. (2) Schedule 8— insert — ‘ “approved connections” , for chapter 4, part 5, division 1, see section 248TA(3). “approved supply” , for chapter 4, part 5, division 1, see section 248T. “connection” , for chapter 4, part 5, division 1, see section 248TA(1).

s 29 26 s 29 Electricity Amendment (No. 8) No. 473, 1997 “NorthPower’s area” means NorthPower’s— (a) former supply areas described in NorthPower’s authorised supplier authorities numbered 17/97 and 18/97; or 12 (b) distribution area under any distribution authority issued to it.’. ENDNOTES 1. Made by the Governor in Council on 18 December 1997. 2. Notified in the gazette on 19 December 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Mines and Energy. © State of Queensland 1997 12 Copies of maps of the areas may inspected at the department’s office at 61 Mary Street, Brisbane.