Electricity and Other Legislation Amendment Act 2006 (Qld)
Case
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Queensland Electricity and Other Legislation Amendment Act 2006 Act No. 60 of 2006
Queensland Electricity and Other Legislation Amendment Act 2006 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of Electricity Act 1994 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 20J (Maximum charge for metered supply). . . . 18 Replacement of ss 23 and 23A . . . . . . . . . . . . . . . . . . . . . . . . . . 19 23 Customers and their types . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 27 (Conditions of generation authority) . . . . . . . 20 Amendment of s 31 (Conditions of transmission authority) . . . . . 20 Replacement of ss 40–40D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2 Applying for and obtaining customer connection services 40 Applying for customer connection services . . . . . . . . 20 40A When distribution entity must provide the services . . 21 40B Information notice for refusal of services . . . . . . . . . . 21 40C Things to which connection obligation is subject . . . . 21 40D When connection obligation does not apply . . . . . . . . 22 Division 3 Connection contracts Subdivision 1 Preliminary 40DA Distribution contract types . . . . . . . . . . . . . . . . . . . . . 23 Subdivision 2 Standard connection contracts 40DB Supply if no negotiated connection contract. . . . . . . . 24 Subdivision 3 Negotiated connection contracts 40DC Negotiation of connection contract . . . . . . . . . . . . . . . 25 40DD General limit on what may be negotiated . . . . . . . . . . 25
2 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 40DE Provisions for small customers. . . . . . . . . . . . . . . . . . 25 40DF Provisions for large customers . . . . . . . . . . . . . . . . . . 25 9 Amendment of s 40E (Limitation on obligation to connect and supply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 10 Omission of ss 40F and 40G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 11 Amendment of s 41 (Connection and supply of electricity outside distribution area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 12 Amendment of s 42 (Conditions of distribution authority). . . . . . . 27 13 Replacement of ss 48–55C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 48 Retail area of retail entity . . . . . . . . . . . . . . . . . . . . . . 28 48A What a retail authority authorises. . . . . . . . . . . . . . . . 28 48B Restriction on providing customer retail service to excluded customer’s premises . . . . . . . . . . . . . . . . . . 29 Division 2 Applying for and obtaining customer retail services 48C Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 48D When area retail entity must provide the services to an applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 48E When non-area retail entity must provide the services to an applicant . . . . . . . . . . . . . . . . . . . . . . . 30 48F Retail obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 48G Information notice for refusal of services to small customer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 48H Things to which retail obligation is subject . . . . . . . . . 31 48I When retail obligation does not apply . . . . . . . . . . . . 32 Division 3 Retail contracts Subdivision 1 Preliminary 49 Retail contract types. . . . . . . . . . . . . . . . . . . . . . . . . . 33 Subdivision 2 Retail contract if no negotiated retail contract 50 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 33 51 Retail contract with financially responsible retail entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 52 Terms of contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 53 Making or amending terms of standard large customer retail contract . . . . . . . . . . . . . . . . . . . . . . . 35 54 Required and permitted terms of standard large customer retail contract . . . . . . . . . . . . . . . . . . . . . . . 36 55 Charging for GST under standard contract . . . . . . . . 37 Subdivision 3 Negotiated retail contracts 55A Negotiation of retail contract. . . . . . . . . . . . . . . . . . . . 38
3 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 55B General limit on what may be negotiated . . . . . . . . . . 38 55C Provisions for small customers. . . . . . . . . . . . . . . . . . 38 14 Amendment of s 55D (Conditions of retail authority) . . . . . . . . . . 38 15 Insertion of new s 55DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 55DA Additional condition about community services agreement ............................. 39 16 Insertion of new s 55G and new ch 2, pt 6A. . . . . . . . . . . . . . . . . 40 55G Restriction on Ergon Energy and its subsidiaries. . . . 40 Part 6A Coordination agreements between distribution and retail entities 55H Negotiation of coordination agreement . . . . . . . . . . . 41 55I Standard coordination agreement . . . . . . . . . . . . . . . 41 17 Amendment of s 60 (Conditions of special approval) . . . . . . . . . . 42 18 Amendment of s 63 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . 42 19 Omission of ch 2, pt 8, divs 2 and 3 and pts 8A and 8B. . . . . . . . 42 20 Insertion of new ch 4, pt 2, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . 42 21 Insertion of new ch 4, pt 2, div 2, hdg. . . . . . . . . . . . . . . . . . . . . . 43 22 Amendment of s 90 (Deciding prices for non-contestable customers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 23 Amendment of s 91 (Retail entities charging for GST) . . . . . . . . . 44 24 Amendment of s 91A (Retail entity must comply with notification or direction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 25 Insertion of new ch 4, pt 2, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 3 Annual indexation Subdivision 1 Preliminary 91B Operation and application of div 3 . . . . . . . . . . . . . . . 45 91C Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Subdivision 2 Indexation formula for relevant tariff year 91D Indexation formula . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Subdivision 3 Benchmark retail cost index for relevant tariff year 91E Benchmark retail cost index . . . . . . . . . . . . . . . . . . . . 47 91F Working out NEM load . . . . . . . . . . . . . . . . . . . . . . . . 47 91G Total benchmark retail cost. . . . . . . . . . . . . . . . . . . . . 48 92 Cost of energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 93 Network costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 94 Retail costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Subdivision 4 Miscellaneous provisions
4 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 95 Fixing of future principles for benchmark retail cost element . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 96 Gazettal of indexed prices . . . . . . . . . . . . . . . . . . . . . 50 26 Amendment of s 118 (Retail entity may recover amount for electricity sold to a person occupying premises) . . . . . . . . . . . . . 50 27 Omission of ss 119 and 119A . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 28 Amendment of s 120AA (Regulator’s powers concerning audit of compliance with Act etc.). . . . . . . . . . . . . . . . . . . . . . . . . 51 29 Amendment of s 120AC (Independent auditor may require reasonable help or information) . . . . . . . . . . . . . . . . . . . . . . . . . . 51 30 Replacement of ch 5, pts 1A–1C . . . . . . . . . . . . . . . . . . . . . . . . . 52 Part 1A Industry codes Division 1 Preliminary 120A Definition for pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 2 Initial industry codes 120B Making of initial industry codes by Minister . . . . . . . . 52 120C Specific matters for which code may provide . . . . . . . 52 120D Gazettal and taking of effect of code . . . . . . . . . . . . . 54 120E Tabling of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 3 QCA industry codes 120F QCA may make industry code . . . . . . . . . . . . . . . . . . 55 120G QCA code objective . . . . . . . . . . . . . . . . . . . . . . . . . . 55 120H Required consultation. . . . . . . . . . . . . . . . . . . . . . . . . 55 120I Ministerial approval . . . . . . . . . . . . . . . . . . . . . . . . . . 56 120J When approved QCA industry code takes effect . . . . 56 120K Tabling of QCA industry code. . . . . . . . . . . . . . . . . . . 56 Division 4 Review of industry codes and related matters 120L Direction by Minister to review . . . . . . . . . . . . . . . . . . 57 120M Terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 120N Notice of review or amended term of reference or direction .............................. 58 120O Conduct of review. . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 5 Amending Industry codes 120P Amending code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 6 Enforcing industry codes Subdivision 1 Code contravention notices 120Q Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 59 120R Criteria for deciding material contravention . . . . . . . . 59
5 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 120S Warning notice may be given . . . . . . . . . . . . . . . . . . . 59 120T Requirements for warning notice . . . . . . . . . . . . . . . . 60 120U Considering submissions on warning notice . . . . . . . 61 120V Giving of code contravention notice . . . . . . . . . . . . . . 61 120W Duration of code contravention notice . . . . . . . . . . . . 62 Subdivision 2 Proceedings 120X Proceeding for civil penalty order . . . . . . . . . . . . . . . . 63 120Y How order enforced . . . . . . . . . . . . . . . . . . . . . . . . . . 64 120Z Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 120ZA Conduct by directors, servants or agents . . . . . . . . . . 65 Subdivision 3 Referrals to regulator 120ZB When QCA must refer material contravention . . . . . . 66 120ZC When QCA may refer material contravention . . . . . . . 67 120ZD Guidelines for exercise of QCA powers for civil penalties ............................. 67 Subdivision 4 Production of documents or information 120ZE Notice to produce documents or information . . . . . . . 67 120ZF Disclosure of information to regulator. . . . . . . . . . . . . 68 120ZG Protection of confidential information given for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Subdivision 5 Audits 120ZH QCA’s powers concerning audit of compliance with industry code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 120ZI Responsibility for cost of audit . . . . . . . . . . . . . . . . . . 70 120ZJ Independent auditor may require reasonable help or information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 120ZK Audit report and submissions on report . . . . . . . . . . . 71 31 Amendment of s 131A (Retailer of last resort scheme) . . . . . . . . 71 32 Amendment of s 133 (Types of disciplinary action) . . . . . . . . . . . 72 33 Amendment of s 135HX (Electricity sold under retailer of last resort scheme or similar scheme) . . . . . . . . . . . . . . . . . . . . . . . . 73 34 Replacement of s 135HY (Electricity sold under s 49A(2) contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 135HY Electricity sold under particular standard large customer retail contracts . . . . . . . . . . . . . . . . . . . . . . 73 35 Amendment of s 203 (Issue of retail authorities) . . . . . . . . . . . . . 74 36 Amendment of s 204 (Application for authority) . . . . . . . . . . . . . . 74 37 Amendment of s 214 (Who may apply for review etc.) . . . . . . . . . 74 38 Amendment of s 215 (Applying for review). . . . . . . . . . . . . . . . . . 74
6 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 39 Amendment of s 216 (Stay of operation of decision etc.). . . . . . . 75 40 Amendment of s 218 (Decision on reconsideration) . . . . . . . . . . 75 41 Amendment of s 219 (Who may make an appeal) . . . . . . . . . . . . 75 42 Amendment of s 220 (Making appeals) . . . . . . . . . . . . . . . . . . . . 75 43 Amendment of s 221 (Starting appeals). . . . . . . . . . . . . . . . . . . . 75 44 Insertion of new ch 11, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Part 1A Provisions for civil penalty proceedings 244A Relationship with criminal proceedings . . . . . . . . . . . 76 244B Avoidance of multiple penalties . . . . . . . . . . . . . . . . . 77 45 Replacement of s 251A Evidentiary effect of conduct notice) . . . 77 251A Evidentiary effect of code contravention notice . . . . . 77 46 Amendment of s 253 (Advisory committees) . . . . . . . . . . . . . . . . 77 47 Insertion of new s 253A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 253A Reporting to Minister by QCA. . . . . . . . . . . . . . . . . . . 78 48 Amendment of s 254 (Protection from liability). . . . . . . . . . . . . . . 79 49 Insertion of new s 254B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 254B Registers QCA must keep . . . . . . . . . . . . . . . . . . . . . 79 50 Amendment of s 309 (Existing electricity supply contracts) . . . . . 79 51 Replacement of ch 14, pt 8 (Transitional provisions for Electricity Amendment Act (No. 2) 2004) . . . . . . . . . . . . . . . . . . . 80 Part 8 Transitional provisions for Electricity and Other Legislation Amendment Act 2006 310 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 311 Extension of area retail obligation . . . . . . . . . . . . . . . 81 312 Small customer may enter into negotiated retail contract before FRC day . . . . . . . . . . . . . . . . . . . . . . 81 313 Existing contestable customers who are receivers. . . 82 314 Existing standard customer connection contracts . . . 82 315 Existing standard customer sale contracts . . . . . . . . . 83 316 References to other particular contracts under pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 317 Exclusion of new s 40DB for existing negotiated sale and connection contracts . . . . . . . . . . . . . . . . . . 85 318 Street lighting with non-metered connection point . . . 85 319 Other unmetered connection points . . . . . . . . . . . . . . 85 320 Obligation to decide notified prices for 2006–2007 financial year on basis of post amended Act . . . . . . . 86 321 Making of transitional conduct rules about marketing conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
52 53 Part 3 54 55 56 57 Part 4 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 7 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 322 Existing mediated agreements . . . . . . . . . . . . . . . . . . 323 Existing orders on arbitrated disputes . . . . . . . . . . . . 324 Preservation of appeal rights about former contribution and user-pays fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 325 Transitional provision for non-liable loads. . . . . . . . . . Amendment of sch 1 (Appeals against administrative decisions) Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Energy Assets (Restructuring and Disposal)Act2006 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 44 (Operation of authorities and related matters) ...................................... 44 Provision for particular contracts on FRC day . . . . . . Omission of s 51 (FRC day) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Gas Supply Act 2003 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 3 (Main purposes of Act) . . . . . . . . . . . . . . . . . . Amendment of s 4 (Gas-related matters to which Act does not apply) ......................................... Omission of s 9 (What is fuel gas) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (What is LPG). . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 12 (What is a transmission pipeline) . . . . . . . . . Amendment of s 13 (What is a distribution pipeline) . . . . . . . . . . Amendment of s 14 (What is a distribution system) . . . . . . . . . . . Amendment of s 15 (When fuel gas is reticulated). . . . . . . . . . . . Replacement of ss 16–18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Who is a customer . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Types of customers . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 19 (What are customer connection services) . . Amendment of s 20 (What are customer retail services) . . . . . . . Amendment of s 21 (What is a distribution authority). . . . . . . . . . Amendment of s 22 (Who is a distributor) . . . . . . . . . . . . . . . . . . Amendment of s 23 (Types of distribution authority and their distributors) ..................................... Amendment of s 25 (Who is a retailer). . . . . . . . . . . . . . . . . . . . . Amendment of ch 2, hdg (Fuel gas distribution). . . . . . . . . . . . . . 87 87 87 87 88 89 93 93 93 94 94 95 95 95 95 96 96 96 96 97 97 97 97 97 98 98 98 98 99 99 99
8 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 76 Amendment of s 28 (Requirements for application) . . . . . . . . . . . 100 77 Amendment of s 42 (Obligation to operate and maintain distribution pipes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 78 Amendment of s 48 (Contingency practices and procedures) . . . 100 79 Insertion of new ss 50A and 50B . . . . . . . . . . . . . . . . . . . . . . . . . 100 50A Compliance with industry codes. . . . . . . . . . . . . . . . . 100 50B Membership of energy ombudsman scheme . . . . . . . 100 80 Amendment of s 57 (Conditions for amendment, cancellation or suspension) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 81 Omission of ch 2, pt 1, div 5 (Service quality standards) . . . . . . . 101 82 Amendment of s 75 (What is gas infrastructure and gas infrastructure work). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 83 Insertion of new s 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 75A References to distributor in pt 2 includes a reference to LPG distributor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 84 Amendment of s 78 (Right to carry out work on publicly controlled place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 85 Amendment of s 104 (Deciding application). . . . . . . . . . . . . . . . . 102 86 Insertion of new s 104A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 104A Information notice for refusal of services . . . . . . . . . . 102 87 Amendment of s 105 (Distributor’s obligation to propose terms) . 102 88 Amendment of s 106 (Customer connection contract) . . . . . . . . . 102 89 Omission of s 107 (Cooling-off period for customer connection contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 90 Amendment of s 108 (Commencement of customer connection services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 91 Amendment of s 109 (Limits on provision of customer connection services). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 92 Insertion of new ch 2, pt 3, div 2, sdiv 3 . . . . . . . . . . . . . . . . . . . . 104 Subdivision 3 Requirements for connection contracts 109A General limits on what may be negotiated . . . . . . . . . 105 109B Provisions for small customers. . . . . . . . . . . . . . . . . . 105 109C Provisions for large customers . . . . . . . . . . . . . . . . . . 105 93 Amendment of ch 2, pt 3, div 3, hdg (Changes to fuel gas installation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 94 Amendment of s 111 (Obligation to give information to allow proposed changes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 95 Amendment of s 112 (Applying to change connection) . . . . . . . . 106 96 Omission of ch 2, pt 3, divs 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . 106 97 Amendment of s 125 (Operation of pt 4) . . . . . . . . . . . . . . . . . . . 106
9 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 98 Amendment of s 126 (Distributor must provide meter). . . . . . . . . 107 99 Amendment of s 131 (Alternative measurement) . . . . . . . . . . . . . 107 100 Insertion of new ch 2, pt 5, div 1A . . . . . . . . . . . . . . . . . . . . . . . . 107 Division 1A Preliminary 131A References to distributor and processed natural gas in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 101 Amendment of s 133 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 108 102 Amendment of s 140 (Power to enter for emergency) . . . . . . . . . 108 103 Omission of ch 2, pt 6 (Market operating arrangements in natural gas market) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 104 Amendment of ch 3, hdg (Supply of reticulated fuel gas). . . . . . . 108 105 Amendment of s 148 (Who may apply for retail authority) . . . . . . 108 106 Replacement of ch 3, pt 1, div 2, sdivs 2 and 3 . . . . . . . . . . . . . . 109 160 Obligation to have standard terms before providing customer retail services . . . . . . . . . . . . . . . . . . . . . . . 109 107 Amendment of s 167 (General right of retailer) . . . . . . . . . . . . . . 109 108 Amendment of s 169 (Restriction on general retailers) . . . . . . . . 109 109 Insertion of new s 170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 170 Restriction on providing customer retail services to excluded customer’s premises . . . . . . . . . . . . . . . . . . 110 110 Amendment of s 171 (Area retailers—restriction for non-contestable customers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 111 Omission of s 172 (Telephone hotline) . . . . . . . . . . . . . . . . . . . . . 110 112 Insertion of new ss 174A and 174B . . . . . . . . . . . . . . . . . . . . . . . 110 174A Compliance with industry codes. . . . . . . . . . . . . . . . . 110 174B Membership of energy ombudsman scheme . . . . . . . 111 113 Amendment of s 181 (Conditions for amendment, cancellation or suspension) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 114 Replacement of ch 3, pt 2 (Customer retail services) . . . . . . . . . 111 Part 2 Customer retail services Division 1 Applying for and obtaining customer retail services by small customer 198 Applying to area retailer for provision of customer retail services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 199 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 112 200 Information notice for refusal of services to small customer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 201 Area retailer obligation . . . . . . . . . . . . . . . . . . . . . . . . 112 202 Things to which area retailer obligation is subject . . . 113 203 When area retailer obligation does not apply . . . . . . . 113
10 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 Division 2 Standard retail contracts 204 Standard retail contract for particular small customers . . . . . . . . . . . . . . . . . . . . . . . . . . 114 205 Retailer’s standard terms for small customers . . . . . . 115 206 Publication of standard terms. . . . . . . . . . . . . . . . . . . 116 207 Ending of standard retail contract. . . . . . . . . . . . . . . . 117 Division 3 Negotiated retail contracts 208 Negotiation of retail contract. . . . . . . . . . . . . . . . . . . . 117 209 General limit on what may be negotiated . . . . . . . . . . 117 210 Provisions for small customers. . . . . . . . . . . . . . . . . . 117 115 Amendment of s 213 (On-suppliers and their receivers) . . . . . . . 118 116 Amendment of s 214 (Common areas and common area consumption) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 117 Omission of s 216 (Restriction of application of pt 3 for LPG) . . . 118 118 Amendment of s 217 (On-supply agreements) . . . . . . . . . . . . . . 118 119 Amendment of s 222 (Individual metering option) . . . . . . . . . . . . 119 120 Amendment of s 223 (Compensation for installation damage). . . 119 121 Replacement of ch 3, pt 4, hdg (Pricing and service quality standards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Part 4 Pricing Division 1 QCA investigation 227A Direction by Minister to investigate effectiveness of retail competition . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 227B Period for giving report . . . . . . . . . . . . . . . . . . . . . . . . 120 227C Terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 227D Notice of pricing investigation or amended term of reference or direction . . . . . . . . . . . . . . . . . . . . . . . . . 120 227E Conduct of pricing investigation . . . . . . . . . . . . . . . . . 120 227F Required consultation for report . . . . . . . . . . . . . . . . . 121 Division 2 Notified prices’. 122 Replacement of s 228 (Fixing of prices for customer retail services or on-supply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 228 Fixing of prices for standard contracts or for on-supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 228A Restrictions on the first exercise of price fixing power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 123 Amendment of s 229 (Review of notified prices) . . . . . . . . . . . . . 123 124 Replacement of s 230 (Public advertisement of notified prices) . 123 230 Public advertisement of notified prices. . . . . . . . . . . . 123
11 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 125 Amendment of s 231 (Requirement to comply with notified prices) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 126 Amendment of s 233 (Directions for prices notification) . . . . . . . . 123 127 Omission of s 235 (Standards about quality of customer retail services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 128 Amendment of s 236 (Who is an industry participant) . . . . . . . . . 124 129 Amendment of s 237 (Regulator’s power to require plan) . . . . . . 124 130 Amendment of s 239 (Contingency supply plan—content requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 131 Amendment of s 244 (Notice of significant disruption) . . . . . . . . . 124 132 Amendment of s 245 (Regulator’s power to require information from industry participant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 133 Amendment of s 247 (Notice of intention to stop fuel gas transport or customer connection or retail services) . . . . . . . . . . 125 134 Amendment of s 248 (Regulation may provide for scheme). . . . . 125 135 Amendment of s 250 (Matters that may be provided for under scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 136 Amendment of s 251 (Minister’s power to make declaration). . . . 126 137 Amendment of s 254 (Minister’s power to give directions while declaration in force) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 138 Amendment of s 256 (Liability of recipient for fuel gas supplied under direction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 139 Amendment of s 257 (Direction overrides contracts) . . . . . . . . . . 126 140 Replacement of ch 5, hdg (Dispute resolution) . . . . . . . . . . . . . . 127 Chapter 4A Gas retail market operator Part 1 General provisions about operator 257A Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 257B Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 257C Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Part 2 Industry advisory committee 257D Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 257E Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 257F Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Part 3 Miscellaneous provision 257G Restriction on providing gas retail market services . . 130 Chapter 5 Resolution of gas infrastructure work disputes’. 141 Replacement of s 258 (Complaint investigation and dispute resolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 258 Application of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
12 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 142 Amendment of s 259 (Regulator’s power to require information) . 130 143 Omission of ch 5, pt 2 (Customer disputes) . . . . . . . . . . . . . . . . . 131 144 Omission of s 266 (Application of pt 3). . . . . . . . . . . . . . . . . . . . . 131 145 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Chapter 5A Industry codes Part 1 Initial industry codes 270A Making of initial industry codes by Minister . . . . . . . . 131 270B Specific matters for which code may provide . . . . . . . 132 270C Gazettal and taking of effect of code . . . . . . . . . . . . . 132 270D Tabling of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Part 2 QCA industry codes 270E QCA may make industry code . . . . . . . . . . . . . . . . . . 133 270F QCA code objective . . . . . . . . . . . . . . . . . . . . . . . . . . 133 270G Required consultation. . . . . . . . . . . . . . . . . . . . . . . . . 133 270H Ministerial approval . . . . . . . . . . . . . . . . . . . . . . . . . . 134 270I When approved QCA industry code takes effect . . . . 134 270J Tabling of QCA industry code. . . . . . . . . . . . . . . . . . . 134 Part 3 Review of industry codes and related matters 270K Direction by Minister to review . . . . . . . . . . . . . . . . . . 135 270L Terms of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 270M Notice of review or amended term of reference or direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 270N Conduct of review. . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Part 4 Amending industry codes 270O Amending code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Part 5 Enforcing industry codes Division 1 Code contravention notices Subdivision 1 Preliminary 270P Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 270Q Criteria for deciding material contravention . . . . . . . . 137 Subdivision 2 Warning notices 270R Warning notice may be given . . . . . . . . . . . . . . . . . . . 137 270S Requirements for warning notice . . . . . . . . . . . . . . . . 138 270T Considering submissions on warning notice . . . . . . . 139 Subdivision 3 Action after warning notice 270U Giving of code contravention notice . . . . . . . . . . . . . . 139 270V Duration of code contravention notice . . . . . . . . . . . . 140
13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 Division 2 Proceedings 270W Proceeding for civil penalty order . . . . . . . . . . . . . . . . 141 270X How order enforced . . . . . . . . . . . . . . . . . . . . . . . . . . 142 270Y Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 270Z Conduct by directors, servants or agents . . . . . . . . . . 143 Division 3 Referrals to regulator 270ZA When QCA must refer material contravention . . . . . . 145 270ZB When QCA may refer material contravention . . . . . . . 145 270ZC Guidelines for exercise of QCA powers for civil penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 270ZD How regulator deals with referral . . . . . . . . . . . . . . . . 146 Division 4 Production of documents or information 270ZE Notice to produce documents or information . . . . . . . 146 270ZF Protection of confidential information given for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Division 5 Audits 270ZG QCA’s powers concerning audit of compliance with industry code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 270ZH Responsibility for cost of audit . . . . . . . . . . . . . . . . . . 148 270ZI Independent auditor may require reasonable help or information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 270ZJ Audit report and submissions on report . . . . . . . . . . . 149 146 Insertion of new ch 6, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Part 1A Civil penalty for particular contraventions 270ZK Application of pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . 150 270ZL Regulator may impose civil penalty . . . . . . . . . . . . . . 150 270ZM Information notice about and taking effect of decision 151 270ZN Civil penalty recoverable as a debt. . . . . . . . . . . . . . . 151 147 Amendment of s 279 (Who may appeal) . . . . . . . . . . . . . . . . . . . 151 148 Amendment of s 286 (Unlawfully operating distribution pipeline) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 149 Amendment of s 287 (Unlawful tampering with gas infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 150 Amendment of s 288 (Unlawfully selling reticulated fuel gas) . . . 152 151 Amendment of s 289 (Unlawfully taking fuel gas) . . . . . . . . . . . . 152 152 Amendment of s 295 (Evidence of tampering with gas infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 153 Amendment of ch 6, pt 3, div 2, hdg (Provisions for unlawfully taking fuel gas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
14 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 154 Amendment of s 297 (Evidence of unlawful taking of fuel gas) . . 153 155 Amendment of s 298 (Proceeding may be for a period). . . . . . . . 153 156 Amendment of s 299 (Ownership of fuel gas for proceeding) . . . 153 157 Insertion of new ch 6, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 154 Division 3 Provisions for civil penalty proceedings 299A Relationship with criminal proceedings . . . . . . . . . . . 154 299B Avoidance of multiple penalties . . . . . . . . . . . . . . . . . 155 158 Amendment of s 301 (Additional consequences of unlawfully operating distribution pipe) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 159 Amendment of s 302 (Additional consequences of unlawfully selling reticulated fuel gas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 160 Insertion of new s 307A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 307A Evidentiary effect of code contravention notice . . . . . 155 161 Insertion of new s 310A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 310A Registers QCA must keep . . . . . . . . . . . . . . . . . . . . . 156 162 Amendment of s 315 (Protection from civil liability for particular persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 163 Amendment of s 316 (Limitation of liability of distributors and retailers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 164 Insertion of new s 316A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 316A Protection from liability of member or employee of QCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 165 Amendment of s 320 (Delegation by Minister) . . . . . . . . . . . . . . . 157 166 Insertion of new ss 321A and 321B . . . . . . . . . . . . . . . . . . . . . . . 157 321A Delegation by QCA. . . . . . . . . . . . . . . . . . . . . . . . . . . 157 321B Reporting to Minister by QCA. . . . . . . . . . . . . . . . . . . 158 167 Replacement of ch 7 (Transitional provisions) . . . . . . . . . . . . . . . 158 Chapter 7 Transitional provisions for Electricity and Other Legislation Amendment Act 2006 324 Definitions for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 325 Conversion of customer retail contracts for particular small customers to standard contracts . . . . 159 326 Small customer may enter into negotiated retail contract before FRC day . . . . . . . . . . . . . . . . . . . . . . 159 327 Transitional retail contracts . . . . . . . . . . . . . . . . . . . . . 160 328 References to other particular contracts under pre-amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 329 Price publication requirements of area retailers for FRC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
15 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 168 169 170 Part 5 171 172 173 174 175 176 Part 6 177 Schedule 330 Area retailer’s obligations about standard terms apply 1 month before FRC day. . . . . . . . . . . . . . . . . . 331 Price publication requirements of general retailers for FRC ............................ 332 Existing mediated agreements . . . . . . . . . . . . . . . . . . 333 Existing orders on arbitrated disputes . . . . . . . . . . . . Omission of sch 1 (Contestable customers). . . . . . . . . . . . . . . . . Omission of sch 3 (New authorities). . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of QueenslandCompetitionAuthorityAct1997 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (Authority’s functions) . . . . . . . . . . . . . . . . . . Amendment of s 187 (Confidential information) . . . . . . . . . . . . . . Replacement of s 227A (Keeping registers). . . . . . . . . . . . . . . . . 227A Keeping registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 239 (Confidential information) . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Minor and consequential amendments Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor and consequential amendments . . . . . . . . . . . . . . . . . . ElectricityAct1994. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GasSupplyAct2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IntegratedPlanningAct1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . PetroleumandGas(ProductionandSafety)Act2004. . . . . . . . . 162 163 163 163 163 163 163 167 167 168 168 168 168 169 169 170 170 172 175 175
Queensland Electricity and Other Legislation Amendment Act 2006 Act No. 60 of 2006 An Act to amend the Electricity Act 1994 and the Gas SupplyAct 2003 , and for other purposes [Assented to 7 December 2006]
s 1 18 s 4 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Electricity and Other Legislation Amendment Act 2006 . 2 Commencement This Act, other than the following provisions, commences on a day to be fixed by proclamation— • part 2 heading • section 3, to the extent it relates to the amendments under section 51 • section 51 • part 4 heading • section 58, to the extent it relates to the amendments under section 167 • section 167. Part 2 Amendment of Electricity Act 1994 3 Act amended in pt 2 This part and the schedule amend the Electricity Act 1994 . 4 Amendment of s 20J (Maximum charge for metered supply) Section 20J, ‘non-contestable customer’—
s 5 19 s 5 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 omit, insert— ‘non-market customer’. 5 Replacement of ss 23 and 23A Sections 23 and 23A— omit, insert — ‘23 Customers and their types ‘(1) A customer is a person, including a relevant body corporate, who receives, or wants to receive, a supply of electricity for premises from an electricity entity or special approval holder. ‘(2) However, a receiver is only a customer if the receiver’s premises has an electrical installation that, to the reasonable satisfaction of the distribution entity whose distribution area includes the premises, is capable of receiving supply directly from a supply network. ‘(3) An excluded customer is a customer whose premises are connected, or to be connected, to a supply network that is not connected to the national grid. ‘(4) A small customer , for premises, is a customer prescribed under a regulation to be a small customer for the premises. ‘(5) A regulation made under subsection (4) may prescribe who is a small customer for premises only by reference to a stated consumption threshold. ‘(6) A large customer , for premises, is a customer other than a small customer for the premises. ‘(7) A market customer , for premises, is a customer prescribed under a regulation to be a market customer for the premises. ‘(8) A non-market customer , for premises, is a customer other than a market customer for the premises. ‘(9) A large market customer , for premises, is a large customer for the premises who is also a market customer for the premises. ‘(10) A large non-market customer , for premises, is a large customer for the premises who is also a non-market customer for the premises.’.
s 6 20 s 8 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 6 Amendment of s 27 (Conditions of generation authority) (1) Section 27(b)(iv)— omit. (2) Section 27(b)(v) to (vii)— renumber as section 27(b)(iv) to (vi). 7 Amendment of s 31 (Conditions of transmission authority) (1) Section 31(a)(iii)— omit. (2) Section 31(a)(iv) to (vi)— renumber as section 31(a)(iii) to (v). 8 Replacement of ss 40–40D Sections 40 to 40D— omit, insert— ‘Division 2 Applying for and obtaining customer connection services ‘40 Applying for customer connection services ‘(1) A customer who owns or occupies premises may make an application (a connection services application ) to a distribution entity for the provision of customer connection services to the premises if— (a) the premises are within the entity’s distribution area; and (b) if the customer is not an excluded customer—the premises are NMI premises. ‘(2) The application may be made by a retail entity for the customer. ‘(3) A connection services application must be made in the way, and give the information, reasonably required, by the distribution entity.
s 8 21 s 8 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(4) For subsection (3), a requirement that the application can only be made for the customer by a retail entity is taken to be reasonable. ‘40A When distribution entity must provide the services ‘(1) This section applies if a customer makes a connection services application for premises. ‘(2) The distribution entity to whom the application is made must provide the customer connection services applied for to the premises. ‘(3) The obligation is the connection obligation . ‘(4) The connection obligation is subject to sections 40C and 40D. ‘(5) However, the sections do not prevent the distribution entity from lawfully providing the services even though it is not obliged to do so. ‘40B Information notice for refusal of services ‘(1) This section applies if— (a) a customer makes a connection services application; and (b) the distribution entity to whom the application is made decides the connection obligation does not apply for the services applied for. ‘(2) The entity must as soon as practicable after, but within 1 month of, receiving the application give the customer an information notice about the decision. ‘40C Things to which connection obligation is subject ‘The connection obligation is subject to— (a) the other provisions of this part; and (b) any authorisation under section 130 for the taking over of the distribution entity’s operations; and (c) the retailer of last resort scheme; and
s 8 22 s 8 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (d) any relevant electricity restriction regulation or emergency rationing order; and (e) the conditions of the distribution entity’s distribution authority. ‘40D When connection obligation does not apply ‘(1) The connection obligation does not apply to a distribution entity in relation to a customer if— (a) the customer’s connection services application is for supply at a rate more than the maximum capacity of the connection to the entity’s supply network; or (b) the customer does not comply with a requirement of the entity to give any of the following— (i) a reasonable advance payment for customer connection services; (ii) a reasonable security or agreement for security for performing the customer’s obligations to the entity; (iii) a capital contribution towards the entity’s costs incurred, or to be incurred, in extending or increasing the capacity of its supply network to provide the services; or (c) after disconnecting supply under this Act or a connection contract, the entity is not reasonably satisfied the matter that caused the disconnection has been remedied, rectified or fixed; or (d) for supply to premises for which there is an existing agreement with the entity for supply of electricity— (i) the applicant does not agree on similar terms to those that apply for balance of the term of the existing agreement; and (ii) the entity 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 this Act or a connection contract; or
s 8 23 s 8 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 Examples of anything else — meters, substations, connection of service lines (f) the customer is not a party to a retail contract with a retail entity under which the retail entity provides customer retail services to the customer’s premises; or (g) a regulation provides the obligation does not apply. ‘(2) Subsection (1)(b)(iii) does not apply if the customer pays or agrees to pay an amount to the distribution entity for works necessary to increase the maximum capacity to supply the customer at the rate the customer has applied for. ‘(3) The distribution entity must give the customer a reasonable opportunity to pay an amount mentioned in subsection (2). ‘(4) This section does not limit— (a) the right to interrupt supply of electricity under a connection contract; or (b) a right or obligation under a connection contract to disconnect premises, or refuse to connect or reconnect premises. ‘Division 3 Connection contracts ‘Subdivision 1 Preliminary ‘40DA Distribution contract types ‘(1) A connection contract is any contract under which a distribution entity agrees to provide customer connection services to a customer’s premises. ‘(2) A negotiated connection contract is a contract entered into under subdivision 3 for the provision of customer connection services to premises. ‘(3) A standard connection contract is a connection contract between a customer and a distribution entity the terms of which contract are only the terms provided for under section 40DB(3).
s 8 24 s 8 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘Subdivision 2 Standard connection contracts ‘40DB Supply if no negotiated connection contract ‘(1) This section applies if— (a) premises are connected to a distribution entity’s supply network; and (b) there is no negotiated connection contract in force for a customer who owns or occupies the premises. ‘(2) The customer and the entity are taken to have entered into a standard connection contract for the provision of customer connection services to the premises. ‘(3) The terms of the contract are the standard connection contract terms under an industry code that apply to the customer, as the terms are in force from time to time. ‘(4) The customer and the entity are taken to have agreed to comply with the terms and to have entered into the contract as a deed. ‘(5) The contract is taken to end if— (a) the customer and the entity enter into a negotiated connection contract for the provision of the services and that contract comes into effect; or (b) another customer and the entity enter into, or are taken to have entered into, a connection contract for the premises and that contract has come into effect. ‘(6) Subsection (5) does not limit how or when the contract may end. ‘(7) The contract does not prevent the customer giving a dispute notice under the QCA Act, section 112. ‘(8) This section is subject to the retailer of last resort scheme.
s 8 25 s 8 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘Subdivision 3 Negotiated connection contracts ‘40DC Negotiation of connection contract ‘(1) A customer and a distribution entity may enter into a contract for the provision of customer connection services from the entity to the customer’s premises on terms that are different from the standard connection contract terms under an industry code. ‘(2) Subsection (1) applies subject to sections 40DD, 40DE and 40DF. ‘40DD General limit on what may be negotiated ‘A negotiated connection contract must not be inconsistent with this Act or any relevant industry code, and is unenforceable to the extent that it is. ‘40DE Provisions for small customers ‘(1) The section applies to a negotiated connection contract for the provision of customer connection services to a small customer’s premises. ‘(2) The contract must comply with all relevant industry code provisions about minimum terms for the provision of customer connection services to small customers. ‘(3) The contract is unenforceable to the extent it does not comply with subsection (2). ‘(4) If, under subsection (3), a term of the contract is unenforceable because it conflicts with a minimum term provision mentioned in subsection (2), the minimum term is taken to be a term of the contract. ‘40DF Provisions for large customers ‘(1) The section applies to a negotiated connection contract for the provision of customer connection services to a large customer’s premises.
s 9 26 s 9 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(2) The contract must provide for the provision of the services on fair and reasonable terms. ‘(3) The services are taken to be provided on fair and reasonable terms if the contract is consistent with relevant industry code provisions about minimum terms for the provision of customer connection services to small customers. ‘Division 4 General provisions about customer connection services’. 9 Amendment of s 40E (Limitation on obligation to connect and supply) (1) Section 40E, before subsection (1)(a)— omit, insert — ‘40E Limitation on connection obligation ‘(1) The connection obligation does not apply in relation to a customer’s premises and a distribution entity is not in breach of a connection contract if the obligation or contract can not be performed because—’. (2) Section 40E(1)(a), (b), and (g), ‘the connection or supply’— omit, insert — ‘connection, reconnection or supply to the premises’. (3) Section 40E(1)(c), (d) and (e)— omit, insert — ‘(c) the connection, reconnection or supply to the premises would unreasonably interfere with the connection, reconnection or supply of electricity by the distribution entity to the premises of other customers; or (d) the distribution entity has, at the request of the customer’s retail entity, disconnected or not reconnected supply to the premises; or (e) the distribution entity is, under its connection contract, entitled to disconnect supply to the customer; or’.
s 10 27 s 12 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (4) Section 40E(1)(h) and (i), ‘or supply (or reconnect or resupply)’— omit, insert — ‘, reconnect or supply’. (5) Section 40E(2), ‘connection or supply’— omit, insert — ‘connection, reconnection or supply’. 10 Omission of ss 40F and 40G Sections 40F and 40G— omit. 11 Amendment of s 41 (Connection and supply of electricity outside distribution area) (1) Section 41(1), ‘electrical installation or’— omit. (2) Section 41(1) and (2)(a), ‘is’— omit, insert — ‘are’. (3) Section 41(1)(a) and (b) and (2), ‘installation or’— omit. (4) Section 41(2)(b), ‘if it is’— omit, insert — ‘if they are’. 12 Amendment of s 42 (Conditions of distribution authority) (1) Section 42(a)(ii)— omit. (2) Section 42(a)(iii) to (v)— renumber as section 42(a)(ii) to (iv).
s 13 28 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (3) Section 42— insert — ‘(f) the entity must pay any amount that, under the EnergyOmbudsmanAct2006, it must pay the energy ombudsman.’. 13 Replacement of ss 48–55C Sections 48 to 55C— omit, insert — ‘48 Retail area of retail entity ‘(1) A retail authority may be issued for a particular area stated in the authority (a retail area ) or for no particular area. ‘(2) A retail area may consist of either or both of the following— (a) 1 or more discrete geographical areas; (b) particular premises. ‘(3) A retail authority stating a retail area consisting of particular premises may describe the premises in the way the regulator considers appropriate including, for example, the street address or national metering identifier for the premises. ‘48A What a retail authority authorises ‘(1) Unless otherwise provided for under this part, a retail authority that states a retail area authorises its holder to provide customer retail services to any customer in the State, including an excluded customer whose premises are in the retail area. ‘(2) A retail authority without a retail area authorises its holder to provide customer retail services to any customer in the State, other than an excluded customer. ‘(3) The authorisation under subsection (1) or (2) is subject to the provisions of the retail authority.
s 13 29 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘48B Restriction on providing customer retail service to excluded customer’s premises ‘A retail entity must not provide customer retail services to an excluded customer’s premises, unless— (a) the entity is the area retail entity for the premises; or (b) the provision of the services is authorised or required under the retailer of last resort scheme. Maximum penalty—500 penalty units. ‘Division 2 Applying for and obtaining customer retail services ‘48C Application ‘(1) A customer who owns or occupies premises may make an application (a retail services application ) to a retail entity for the provision of customer retail services to the premises. ‘(2) However, if the customer is other than an excluded customer, the customer can only make a retail services application for the premises if the premises are NMI premises. ‘(3) Also, if the customer is an excluded customer for the premises, the customer can only make a retail services application to the area retail entity for the premises. ‘(4) A retail services application must be made in the way, and give the information, reasonably required, by the retail entity. ‘48D When area retail entity must provide the services to an applicant ‘(1) This section applies if— (a) a customer makes a retail services application for premises to the area retail entity for the premises; and (b) the customer is not a large market customer. ‘(2) The retail entity must provide the customer retail services applied for to the premises if— (a) the customer is a small customer for the premises and—
s 13 30 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (i) the entity is the financially responsible retail entity for the premises; or (ii) the premises are not physically connected to a supply network; or (b) the customer is a large customer for the premises and— (i) both of the following apply— (A) the entity is the financially responsible retail entity for the premises; (B) the customer who owned or occupied the premises immediately before the applicant was a non-market customer for the premises; or (ii) the premises have never been physically connected to a supply network. Note — For retail contracts for the services and their terms, see division 3. ‘(3) A regulation may, for subsection (2)(b), provide for the circumstances in which premises are not, or have never been, physically connected to a supply network. ‘(4) In this section— physically connected for premises means the premises has an electrical connection between the supply network and a meter at the premises, whether or not they have been energised. ‘48E When non-area retail entity must provide the services to an applicant ‘(1) This section applies if— (a) a customer makes a retail services application for premises to a retail entity who is not the area retail entity for the premises; and (b) the customer is a small customer for the premises; and (c) the entity is the financially responsible retail entity for the premises; and
s 13 31 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (d) the customer is not an excluded customer for the premises. ‘(2) The entity must provide the customer retail services applied for to the premises. Note — Generally, in the absence of a negotiated retail contract, a standard retail contract is taken to exist between the entity and the small customer. See sections 51 and 52. ‘48F Retail obligation ‘(1) A retail entity’s obligation under section 48D or 48E is the retail obligation . ‘(2) The retail obligation is subject to sections 48H and 48I. ‘(3) However, the sections do not prevent the retail entity from lawfully providing customer retail services even though it is not obliged to do so. ‘48G Information notice for refusal of services to small customer ‘(1) This section applies if— (a) a customer makes a retail services application to a retail entity under section 48D or 48E; and (b) the retail entity to whom the application is made decides the retail obligation does not apply for the services applied for. ‘(2) The entity must as soon as practicable after, but within 1 month of, receiving the application give the customer an information notice about the decision. ‘48H Things to which retail obligation is subject ‘The retail obligation is subject to— (a) the other provisions of this part; and (b) any authorisation under section 130 for the taking over of the retail entity’s operations; and
s 13 32 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (c) the retailer of last resort scheme; and (d) any relevant electricity restriction regulation emergency rationing order; and (e) the conditions of the entity’s retail authority; and (f) any relevant provision of an industry code about customer transfers or cooling-off periods for the provision of customer retail services. ‘48I When retail obligation does not apply ‘(1) The retail obligation does not apply to a retail entity in relation to a customer if— (a) the customer does not comply with a requirement of the entity to give either of the following— (i) a reasonable advance payment for customer retail services; (ii) a reasonable security or agreement for security for performing the customer’s obligations to the entity; or (b) the entity has, under a retail contract, asked the customer’s distribution entity to disconnect supply and the entity is not reasonably satisfied the matter that caused it to ask for the disconnection has been remedied, rectified or fixed; or (c) the connection obligation does not apply to a distribution entity in relation to the customer’s premises; or (d) a circumstance beyond the entity’s control prevents it from providing customer retail services to the customer; or (e) a regulation provides the obligation does not apply. ‘(2) Subsection (1) does not limit— (a) a retail entity’s right under the retail contract to ask the distribution entity to interrupt the supply of electricity; or
s 13 33 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (b) the entity’s right or obligation under a retail contract; to— (i) ask the customer’s distribution entity to disconnect premises, or refuse to connect or reconnect premises; or (ii) refuse to provide customer retail services. ‘Division 3 Retail contracts ‘Subdivision 1 Preliminary ‘49 Retail contract types ‘(1) A retail contract is any contract under which a retail entity agrees to provide customer retail services to a customer’s premises. ‘(2) A negotiated retail contract is a retail contract entered into under subdivision 3 for the provision of customer retail services to a customer’s premises. ‘(3) A standard retail contract is a retail contract taken, under section 51(2), to have been entered into between a small customer and a retail entity the terms of which contract are only the terms provided for under section 52. ‘(4) A standard large customer retail contract is a retail contract taken, under section 51(3), to have been entered into between a large customer and a retail entity the terms of which contract are only the terms provided for under sections 52 to 55. ‘Subdivision 2 Retail contract if no negotiated retail contract ‘50 Application of sdiv 2 ‘(1) This subdivision applies if— (a) a customer has made a retail services application for premises to a retail entity; and
s 13 34 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (b) the retail obligation applies to the retail entity; and (c) the premises are connected to a supply network; and (d) the retail entity provides the customer retail services applied for, in accordance with the application; and (e) there is no negotiated retail contract in force between the entity and the customer in relation to the premises. ‘(2) This subdivision also applies if— (a) a customer’s premises are connected to a supply network without the customer having made a retail services application for the premises; and (b) there is no negotiated retail contract in force between a retail entity and the customer in relation to the premises. ‘51 Retail contract with financially responsible retail entity ‘(1) The customer is taken to have entered into a retail contract with the financially responsible retail entity for the premises for the provision of customer retail services to the premises. ‘(2) If the customer is a small customer for the premises, the contract is a standard retail contract. ‘(3) If the customer is a large customer for the premises, the contract is a standard large customer retail contract. ‘(4) This section is subject to the retailer of last resort scheme. ‘52 Terms of contract ‘(1) The terms of the contract are the following terms to the extent they apply to the customer as they are in force from time to time— (a) for a standard retail contract—the standard retail contract terms under an industry code; (b) for a standard large customer retail contract—the entity’s terms under sections 53 and 54.
s 13 35 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(2) The customer and the financially responsible retail entity are taken to have agreed to comply with the terms and to have entered into the contract as a deed. ‘(3) The contract is taken to end if— (a) the customer and the retail entity enter into a negotiated retail contract for the provision of the services and that contract comes into effect; or (b) another retail entity becomes the financially responsible retail entity for the premises; or (c) the retail entity commences the provision of customer retail services under a retail contract to another customer at the premises. ‘(4) Section (3) does not limit how or when the contract may end. ‘53 Making or amending terms of standard large customer retail contract ‘(1) Subject to section 54, the terms of a retail entity’s standard large customer retail contract are the terms made by the entity and as amended by it from time to time. ‘(2) On making or amending the terms, the retail entity must— (a) publish the terms or amended terms on its website; and (b) give QCA a copy of the terms or amended terms; and (c) give each of its large customers a written notice stating that it has made or amended the terms and that the terms as made or amended may be inspected on its website. ‘(3) The terms or amended terms take effect only when the retail entity complies with subsection (2)(a) and (b) in relation to the terms or amended terms. ‘(4) If a customer becomes a large customer of the retail entity under a standard large customer retail contract, the entity must, as soon as practicable, give the customer a written notice that the terms of the entity’s standard large customer retail contract may be inspected on its website.
s 13 36 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘54 Required and permitted terms of standard large customer retail contract ‘(1) This section applies for a retail entity’s terms or amended terms of a standard large customer retail contract to which it is a party (the standard terms ). ‘(2) The standard terms must— (a) provide that the retail entity’s charges for the provision of services that are, or relate to, customer retail services to large non-market customers are only the notified prices; and Note — The notified prices are only required for small and large non-market customers. For large market customers, see subsection (4)(a) and subdivision 3. (b) provide for the provision of the services on a fair and reasonable basis. ‘(3) To remove any doubt, it is declared that subsection (2)(a) does not prevent the standard terms from charging or passing on non-DUOS charges under section 90. ‘(4) Subject to subsection (2), the standard terms may— (a) also include prices, or a methodology to fix the prices, for the provision by the entity of customer retail services to its large market customers; and (b) be different for stated types of large customers; and (c) be contained in a different document for any of the types. ‘(5) Subject to any regulation made under subsection (6), the services are taken to be provided on a fair and reasonable basis if the standard terms are consistent with relevant industry code provisions about minimum terms for the provision of customer retail services to small customers. ‘(6) A regulation may declare what is or is not fair and reasonable or not unfair or unreasonable, in relation to large non-market customers for subsection (2)(b), including, for example whether or not and, if so, in what circumstances requiring the following, is fair and reasonable—
s 13 37 s 13 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (a) different advance payments or security deposits from different large non-market customers; (b) different terms for different types of large non-market customers. ‘55 Charging for GST under standard contract ‘(1) This section applies if— (a) there are notified prices for a retail entity; and (b) the notification for the prices includes a GST statement; and (c) the entity provides customer retail services under a standard contract; and (d) the entity charges the customer the notified prices. ‘(2) If the GST statement provides that the notified prices exclude GST, the entity may also charge the customer an amount for GST for providing the services. ‘(3) If the GST statement provides that the notified prices exclude the net GST effect, the entity may also charge the customer the net GST effect for providing the service. ‘(4) The customer must pay any amount charged under subsection (2) or (3). ‘(5) To remove any doubt, it is declared that this section does not prevent the entity from charging, under a standard contract, an amount for GST for goods or for any services that are not customer retail services. ‘(6) Subsections (1) to (5) are taken to be terms of a standard contract. ‘(7) This section applies despite any other provision of this subdivision. ‘(8) In this section— standard contract means a standard retail contract or standard large customer retail contract.
s 14 38 s 14 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘Subdivision 3 Negotiated retail contracts ‘55A Negotiation of retail contract ‘(1) A customer and a retail entity may enter into a contract for the provision of customer retail services from the entity to the customer’s premises on terms that are different to terms of the entity’s standard retail contract or standard large customer retail contract. ‘(2) Subsection (1) applies subject to sections 55B and 55C. ‘55B General limit on what may be negotiated ‘A negotiated retail contract must not be inconsistent with this Act or any relevant industry code, and is unenforceable to the extent that it is. ‘55C Provisions for small customers ‘(1) This section applies to a negotiated retail contract for the provision of customer retail services to a small customer’s premises. ‘(2) The contract must comply with all relevant industry code provisions about minimum terms for the provision of customer retail services to small customers. ‘(3) The contract is unenforceable to the extent it does not comply with subsection (2). ‘(4) If, under subsection (3), a term of the contract is unenforceable because it conflicts with a minimum term provision mentioned in subsection (2), the minimum term is taken to be a term of the contract. ‘Division 4 Conditions of retail authorities’. 14 Amendment of s 55D (Conditions of retail authority) Section 55D(d) and (e)— omit, insert —
s 15 39 s 15 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(d) the retail entity must, under section 53, make the terms of its standard large customer retail contract; (e) the retail entity must pay any amount that, under the EnergyOmbudsmanAct2006, it must pay the energy ombudsman;’. 15 Insertion of new s 55DA After section 55D— insert— ‘55DA Additional condition about community services agreement ‘(1) It is also a condition of a retail authority that— (a) the retail entity must not provide customer retail services unless it has entered into an agreement with the State to provide, for at least 5 years, the community services— (i) agreed between the State and the entity; or (ii) failing agreement, as decided by the Minister; and Examples of community services — pensioner rebate and drought relief schemes for customer retail services (b) the retail entity must comply with the agreement. ‘(2) In making the decision, the Minister must have regard to the retail entity’s reasonable administration costs and other risks in providing the community services. ‘(3) An agreement under subsection (1) does not affect— (a) the levy; or (b) the levy amount paid or payable by a person; or (c) the collection of a levy amount; or (d) the collection of an amount for electricity, if the dispute arises, in substance, from the collection of a levy amount. ‘(4) In this section—
s 16 40 s 16 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 levy means the community ambulance cover levy under the Ambulance Cover Act. levy amount means a levy amount under the Ambulance Cover Act.’. 16 Insertion of new s 55G and new ch 2, pt 6A After section 55F— insert— ‘55G Restriction on Ergon Energy and its subsidiaries ‘(1) This section imposes conditions on a retail authority held by the GOC Ergon Energy or any of its subsidiaries (the retailer ). ‘(2) The retailer must not enter into any negotiated retail contract. Maximum penalty—500 penalty units. ‘(3) The retailer can only provide customer retail services to a customer for premises if the retailer is an area retail entity for the premises and any of the following apply— (a) on the day this section commences, the customer was a non-market customer of the retailer for the premises; (b) the retail obligation applies in relation to the premises; (c) the retailer is the financially responsible retail entity for the premises and the customer was a small customer for the premises and becomes a large customer for the premises; (d) the retailer is the financially responsible retail entity for the premises and the premises are— (i) in the retailer’s retail area; and (ii) connected to a supply network without the customer having made a retail services application for the premises to the retailer. Maximum penalty—500 penalty units. ‘(4) However, subsection (3) does not apply if the retailer provides customer retail services to a customer and the customer is required to be transferred to the retailer to correct an
s 16 41 s 16 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 erroneous transfer, completed under the National Electricity Rules, from the retailer to another retail entity. ‘(5) Also, it is a defence to a proceeding under subsection (3) if, because of information given by the customer, the retailer reasonably believed that the retail obligation applied in relation to the premises. ‘Part 6A Coordination agreements between distribution and retail entities ‘55H Negotiation of coordination agreement ‘(1) A distribution entity and a retail entity may enter into a written agreement about protocols under which they agree to help each other perform their functions under— (a) this Act or another Act or law relating to electricity that applies in the State; or (b) a procedure or protocol made under an Act or law mentioned in paragraph (a). ‘(2) The agreement may be different from the coordination agreement provided for under an industry code. ‘55I Standard coordination agreement ‘(1) This section applies if— (a) a distribution entity and a retail entity have common customers; and (b) an agreement under section 55H is not in force between the entities. ‘(2) The entities are taken to have entered into an agreement on the terms of the standard coordination agreement provided for under an industry code.
s 17 42 s 20 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(3) The entities are taken to have agreed to comply with the terms and to have entered into the agreement as a deed.’. 17 Amendment of s 60 (Conditions of special approval) (1) Section 60(1)— insert — ‘(c) the holder must pay any amount that, under the EnergyOmbudsman Act 2006, the holder must pay the energy ombudsman.’. (2) Section 60(2)— omit. (3) Section 60(3)— renumber as section 60(2). 18 Amendment of s 63 (Functions) (1) Section 63(1)(b) to (e)— omit, insert — ‘(b) to assist in the settlement of disputes arising under chapter 4, part 6, between electricity entities and between electricity entities and public entities; and (c) to monitor compliance with the conditions of approvals, authorities and licences under this Act; and’. (2) Section 63(1)(f)— renumber as section 63(1)(d). 19 Omission of ch 2, pt 8, divs 2 and 3 and pts 8A and 8B Chapter 2, part 8, divisions 2 and 3 and parts 8A and 8B— omit . 20 Insertion of new ch 4, pt 2, div 1, hdg Before section 89A—
s 21 43 s 22 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 insert— ‘Division 1 Provisions for Mount Isa–Cloncurry supply network’. 21 Insertion of new ch 4, pt 2, div 2, hdg After section 89B— insert— ‘Division 2 General provisions for notified prices’. 22 Amendment of s 90 (Deciding prices for non-contestable customers) (1) Section 90(2) to (7)— renumber as section 90(4) to (9). (2) Section 90, heading and subsection(1)— omit, insert — ‘90 Deciding prices for non-market customers ‘(1) The Minister must, for each tariff year, decide the prices, or the methodology for fixing the prices, that a retail entity may charge its non-market customers for all or any of the following— (a) customer retail services; (b) DUOS charges; (c) charges or fees relating to customer retail services; Examples — • charges or fees for late or dishonoured payments • credit card surcharges for payments for the services (d) other goods and services prescribed under a regulation. ‘(2) The prices or methodology decided under subsection (1) must be in the form of a tariff schedule. ‘(2A) To remove any doubt, the following is declared for decisions under subsection (1)—
s 23 44 s 23 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (a) they may be made from time to time and not just once a year; (b) a tariff from the tariff schedule for the previous tariff year may be added to, removed or changed; (c) they can not be made for non-DUOS charges. ‘(3) The Minister may delegate to QCA all or any of the Minister’s functions under subsection (1).’. (3) Section 90(5), as renumbered, from ‘consider’— omit, insert — ‘comply with any indexation required under division 3.’. (4) Section 90— insert — ‘(10) In this section— DUOS charges means distribution use of system charges for the use of a shared supply network. non-DUOS charges means charges of a distribution entity, approved by the jurisdictional regulator under the NationalElectricity (Queensland) Law, that— (a) are referable to a specific customer or retail entity request; and (b) do not include DUOS charges. Examples of non-DUOS charges — • a deenergisation or disconnection fee • a reconnection fee • a meter test fee’. 23 Amendment of s 91 (Retail entities charging for GST) (1) Section 91, ‘non-contestable customers’— omit, insert — ‘non-market customers’. (2) Section 91(5), ‘standard customer sale contract’— omit, insert —
s 24 45 s 25 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘standard retail contract or standard large customer retail contract’. 24 Amendment of s 91A (Retail entity must comply with notification or direction) Section 91A(2), ‘non-contestable customers’— omit, insert — ‘non-market customers’. 25 Insertion of new ch 4, pt 2, div 3 After section 91A— insert— ‘Division 3 Annual indexation ‘Subdivision 1 Preliminary ‘91B Operation and application of div 3 ‘(1) This division requires the annual indexation of tariffs in the current tariff schedule to the extent the tariffs, or components of the tariffs, will continue to apply in the next tariff year (the relevant tariff year ). ‘(2) However, indexation under this division only applies to— (a) customer retail charges; and (b) DUOS charges under section 90. ‘(3) Also, this division does not prevent the pricing entity from, under section 90, adding to, removing or changing a tariff when indexation is required under this division. ‘(4) Each tariff indexed under this division applies from the start of the relevant tariff year. ‘91C Definitions for div 3 ‘In this division—
s 25 46 s 25 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 benchmark retail cost element see section 91G(2). c/kWh means cents per kilowatt hour. current tariff schedule means the tariff schedule under section 90 for notified prices for the current tariff year. NEM load , of the State, means the State’s NEM load, as worked out under section 91F. relevant tariff year see section 91B(1). ‘Subdivision 2 Indexation formula for relevant tariff year ‘91D Indexation formula ‘(1) Each tariff in the current tariff schedule must be indexed by applying the following formula— T y = T y – 1 × B y ⁄ B y – 1 where— T y is the tariff component for the relevant tariff year. T y-1 is the relevant tariff component for the preceding tariff year. B y is the benchmark retail cost index for the relevant tariff year, as worked out under subdivision 3. B y-1 is the benchmark retail cost index for the preceding tariff year. ‘(2) For subsection (1), the benchmark retail cost index for the preceding tariff year is worked out under subdivision 3 as if a reference in the subdivision to the relevant tariff year were a reference to the preceding tariff year. ‘(3) In this section— tariff component , for the relevant tariff year, means each separate charge or fee stated in the notified prices that applies for a particular tariff category.
s 25 47 s 25 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 Examples of tariff components — service fees, demand charges, energy charges, annual payments and minimum payments ‘Subdivision 3 Benchmark retail cost index for relevant tariff year ‘91E Benchmark retail cost index ‘The benchmark retail cost index for the relevant tariff year is the index, expressed in c/kWh, for the State, worked out by applying the following formula— B = R ⁄ L where— B is the benchmark retail cost index for the year. R is the total benchmark retail cost for the year. L is all of the NEM load of the State for the year. ‘91F Working out NEM load ‘(1) The pricing entity must work out the State’s NEM load for the relevant tariff year. ‘(2) The NEM load is the pricing entity’s view of the total of the loads for the State supplied at each transmission connection point to a supply network, as adjusted for any matter prescribed under a regulation. ‘(3) The total must be expressed in kWH. ‘(4) The pricing entity must consult with interested persons about the methodology it proposes to use to form the view. ‘(5) In this section— transmission connection point means a Queensland transmission network connection point as defined under the National Electricity Rules.
s 25 48 s 25 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘91G Total benchmark retail cost ‘(1) For section 91E, the total benchmark retail cost, expressed as c/kWh, for the relevant tariff year is the estimated total cost of supplying customers in the State during that year, as worked out by the pricing entity. ‘(2) The total cost must be the total of each of the following (each a benchmark retail cost element ) as fixed by the entity— (a) the cost of energy, as worked out under section 92; (b) network costs, as worked out under section 93; (c) retail costs, as worked out under section 94; (d) any other relevant costs the pricing entity considers relevant. ‘(3) In fixing a benchmark retail cost element other than network costs, the pricing entity must consult with interested persons in the way prescribed under a regulation. ‘(4) The working out of any particular benchmark retail cost element is subject to any relevant fixed principle. ‘(5) If the fixed principle is inconsistent with the operation of a section stated in subsection (2), the principle prevails to the extent of the inconsistency. ‘92 Cost of energy ‘(1) The cost of energy must reflect the pricing entity’s view of the likely total of the costs to be incurred during the relevant tariff year to purchase energy to supply all of the NEM load of the State for the relevant tariff year. ‘(2) The view must be based on the pricing entity’s most recent estimate of the long run marginal cost of energy in the part of the State connected to the national grid, after taking into account— (a) the 13% gas scheme under chapter 5A; and (b) the scheme under the Renewable Energy (Electricity) Act 2000 (Cwlth).
s 25 49 s 25 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(3) The estimate must take into account the most efficient combination of generating plant to supply all of the NEM load of the State for relevant tariff year. ‘(4) Unless the cost of energy is subject to a fixed principle, the long run marginal cost estimate must be prepared at least every 3 years. ‘(5) Subsection (4) does not prevent the pricing entity preparing the long run marginal cost estimate more frequently. ‘(6) In estimating the long run marginal cost, the pricing entity must comply with any methodology prescribed under a regulation. ‘93 Network costs ‘(1) The network costs must reflect the pricing entity’s view of the likely total revenue requirements for the relevant tariff year for transmission entities and distribution entities in the State. ‘(2) In forming the view the pricing entity must comply with any methodology prescribed under a regulation. ‘94 Retail costs ‘(1) The retail costs must reflect the pricing entity’s view of the likely cost of providing customer retail services to Queensland customers connected to the national grid, based on an efficient entity carrying on an electricity retail business that meets all of the following criteria— (a) it is carried on separately from any other business; (b) it has a significant market share of the State’s electricity retail market; (c) it provides customer retail services to a cross-section of customers; (d) it earns a reasonable retail margin. ‘(2) In forming the view the pricing entity must comply with any methodology prescribed under a regulation.
s 145 146 s 145 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘270ZD How regulator deals with referral ‘If, under this subdivision, QCA refers a matter to the regulator, the regulator may take all or any of the following action against the relevant distributor or retailer— (a) for a distributor or retailer—impose a civil penalty, under chapter 6, part 1A; (b) for a distributor—action under chapter 2, part 1, division 3; (c) for a retailer—action under chapter 3, part 1, division 3. ‘Division 4 Production of documents or information ‘270ZE Notice to produce documents or information ‘(1) This section applies if QCA is conducting an investigation to find out whether a distributor or retailer is complying with an industry code. ‘(2) QCA may, by notice to the distributor or retailer, require the distributor or retailer to give QCA all or any the following things QCA believes, on reasonable grounds, are relevant to the investigation— (a) information within the distributor’s or retailer’s knowledge or possession; (b) documents in the distributor’s or retailer’s custody, possession or power. ‘(3) The notice must state— (a) the information or documents required; and (b) a period in which the documents or information are to be given of no less than 7 days; and (c) a reasonable place at which the documents or information are to be given. ‘(4) The distributor or retailer must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units.
s 145 147 s 145 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(5) A distributor or retailer is not required to comply with the notice if the distributor or retailer claims, on the ground of self-incrimination, a privilege the distributor or retailer would be entitled to claim against giving the information were the distributor or retailer a witness in a prosecution for an offence in the Supreme Court. ‘(6) If the distributor or retailer claims that complying with the notice may tend to incriminate it, QCA or the distributor or retailer may make an application to the Supreme Court to decide the validity of the claim. ‘270ZF Protection of confidential information given for investigation ‘(1) This section applies if— (a) QCA is conducting an investigation to find out whether a distributor or retailer is complying with an industry code; and (b) the distributor or retailer gives QCA information for the purpose of the investigation, whether or not the giving of the information was required under section 270ZE. ‘(2) The QCA Act, section 187 applies as if the information had been made available for an investigation under that Act. ‘(3) In this section— information includes a document. ‘Division 5 Audits ‘270ZG QCA’s powers concerning audit of compliance with industry code ‘(1) QCA may, by notice to a distributor or retailer, require the distributor or retailer to— (a) carry out an internal audit of all or any of the following—
s 145 148 s 145 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (i) the distributor’s or retailer’s compliance with an industry code, either generally or about a stated particular matter or matters; (ii) the reliability and quality of information given by the distributor or retailer to QCA, under this Act; or (b) appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a). ‘(2) The notice may state terms of reference QCA requires for carrying out the audit. ‘(3) QCA may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1)(a) concerning the distributor or retailer, if— (a) the distributor or retailer does not comply with a notice given to it under the subsection; or (b) QCA reasonably considers that a person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit. ‘(4) A person may be appointed as an independent auditor under subsection (1)(b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit. ‘270ZH Responsibility for cost of audit ‘(1) A distributor or retailer required under section 270ZG(1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit. ‘(2) If QCA appoints an independent auditor to carry out an audit concerning a distributor or retailer, the distributor or retailer must reimburse QCA for the cost of the audit if required to do so by QCA.
s 145 149 s 145 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘270ZI Independent auditor may require reasonable help or information ‘(1) An independent auditor appointed under section 270ZG to carry out an audit concerning a distributor or retailer may require the distributor or retailer to give the auditor— (a) reasonable help to carry out the audit; or Examples — • access to the distributor’s or retailer’s premises and records • help from the distributor’s or retailer’s employees (b) information, in a form reasonably required by the auditor, to help the auditor carry out the audit. ‘(2) A distributor or retailer required to give reasonable help under subsection (1)(a), or information under subsection (1)(b), must comply with the requirement unless the distributor or retailer has a reasonable excuse. Maximum penalty—1000 penalty units. ‘(3) If the distributor or retailer is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual. ‘270ZJ Audit report and submissions on report ‘(1) A distributor or retailer required under section 270ZG(1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to QCA. ‘(2) The copy must be given as soon as practicable after the audit is completed. ‘(3) If QCA appoints an independent auditor to carry out an audit concerning a distributor or retailer, QCA must give the distributor or retailer— (a) a copy of the draft audit report and an opportunity to make submissions to QCA on the draft report; and (b) a copy of the final audit report and an opportunity to make further submissions to QCA on the final report.’.
s 146 150 s 146 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 146 Insertion of new ch 6, pt 1A Chapter 6, before part 1— insert— ‘Part 1A Civil penalty for particular contraventions ‘270ZK Application of pt 1A ‘(1) This part applies if— (a) any of the following are referred to the regulator in relation to a distributor or retailer— (i) a material contravention of an industry code, referred under section 270ZA or 270ZB; (ii) a contravention of a compliance direction under the EnergyOmbudsmanAct2006 , referred under section 46 of that Act; or (b) a distributor or retailer does not comply with a condition of the distributor’s or retailer’s authority under this Act in relation to the Energy Ombudsman Act 2006 . ‘(2) However, if the contravention is a contravention of an industry code, this part applies only if QCA has not applied for a civil penalty order under section 270W. ‘(3) To remove any doubt, it is declared that this part does not limit or otherwise affect the taking of action or proposed action under chapter 2, part 1, division 3 or chapter 3, part 1, division 3 concerning an authority under this Act held by the distributor or retailer. ‘270ZL Regulator may impose civil penalty ‘(1) The regulator may, for the State, impose a civil penalty on the distributor or retailer of no more than the monetary value of 1333 penalty units. ‘(2) However, the power under subsection (1) may be exercised only if—
s 147 151 s 147 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (a) the regulator has given the distributor or retailer a notice stating each of the following— (i) that the regulator proposes to impose the penalty; (ii) the grounds for imposing the proposed penalty; (iii) the facts and circumstances that are the basis for the grounds; (iv) that the distributor or retailer may, within a stated period of at least 20 business days, make written submissions to show why the penalty should not be imposed; and Note — See also chapter 6, part 3, division 3 (Provisions for civil penalty proceedings). (b) the regulator has considered any written submissions made under paragraph (a)(iv) within the period stated in the notice. ‘270ZM Information notice about and taking effect of decision ‘(1) If the regulator decides to impose the civil penalty, the regulator must, as soon as practicable after making the decision, give the distributor or retailer an information notice about the decision. ‘(2) The decision takes effect on the later of the following days— (a) the day the information notice is given; (b) a later day of effect stated in the notice. ‘270ZN Civil penalty recoverable as a debt ‘If the regulator imposes the civil penalty, the State may recover the amount of the penalty as a debt.’. 147 Amendment of s 279 (Who may appeal) Section 279— insert—
s 148 152 s 151 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(3) A distributor or retailer who, under section 270ZM, has been given, or is entitled to be given, an information notice about a decision under section 270ZL to impose a civil penalty may appeal against the decision to the District Court.’. 148 Amendment of s 286 (Unlawfully operating distribution pipeline) Section 286(2), ‘fuel gas’— omit, insert— ‘processed natural gas’. 149 Amendment of s 287 (Unlawful tampering with gas infrastructure) Section 287, after ‘distributor’s’— insert— ‘or LPG distributor’s’. 150 Amendment of s 288 (Unlawfully selling reticulated fuel gas) Section 288, ‘fuel gas’— omit, insert— ‘processed natural gas’. 151 Amendment of s 289 (Unlawfully taking fuel gas) (1) Section 289, ‘fuel gas’— omit, insert— ‘processed natural gas or LPG’. (2) Section 289(2)(b)— renumber as section 289(2)(c). (3) Section 289(2)— insert — ‘(b) an LPG distribution pipeline;’.
s 152 153 s 156 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 152 Amendment of s 295 (Evidence of tampering with gas infrastructure) (1) Section 295(a), ‘fuel gas’— omit, insert— ‘processed natural gas or LPG’. (2) Section 295(a), after ‘distributor’s’— insert— ‘or LPG distributor’s’ 153 Amendment of ch 6, pt 3, div 2, hdg (Provisions for unlawfully taking fuel gas) Chapter 6, part 3, division 2, heading, ‘fuel gas’— omit, insert— ‘ processed natural gas or LPG ’. 154 Amendment of s 297 (Evidence of unlawful taking of fuel gas) Section 297, ‘fuel gas’— omit, insert— ‘processed natural gas or LPG’. 155 Amendment of s 298 (Proceeding may be for a period) Section 298, ‘fuel gas’— omit, insert— ‘processed natural gas or LPG’. 156 Amendment of s 299 (Ownership of fuel gas for proceeding) Section 299, ‘fuel gas’— omit, insert— ‘processed natural gas or LPG’.
s 157 154 s 157 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 157 Insertion of new ch 6, pt 3, div 3 Chapter 6, part 3— insert— ‘Division 3 Provisions for civil penalty proceedings ‘299A Relationship with criminal proceedings ‘(1) This section applies if— (a) action (a civil penalty proceeding ) is taken against or in relation to a person, consisting of— (i) an application under section 270W for a civil penalty order; or (ii) a referral under section 270ZB to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and (b) a criminal proceeding has been started, or has already been started, against the person for an offence; and (c) the conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding. ‘(2) The civil penalty proceeding must be stayed or not continued. ‘(3) However, the civil penalty proceeding may be resumed if, at the end of the criminal proceeding, there is no conviction for the offence. ‘(4) Evidence in the civil penalty proceeding of information given, or documents produced, by a person is not admissible in evidence in the criminal proceeding. ‘(5) In this section— conduct includes an omission. conviction includes a finding of guilt, or the acceptance of a plea of guilt, by a court whether or not a conviction is recorded.
s 158 155 s 160 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘299B Avoidance of multiple penalties ‘If— (a) a civil penalty proceeding under section 299A is taken; and (b) conduct, or substantially the same conduct, the subject of the civil penalty proceeding constitutes a contravention of 2 or more industry code provisions; a civil penalty must not be imposed or ordered in the civil penalty proceeding more than once for that conduct.’. 158 Amendment of s 301 (Additional consequences of unlawfully operating distribution pipe) Section 301, ‘fuel gas’— omit, insert— ‘processed natural gas’. 159 Amendment of s 302 (Additional consequences of unlawfully selling reticulated fuel gas) Section 302, ‘fuel gas’— omit, insert— ‘processed natural gas’. 160 Insertion of new s 307A Chapter 6, part 5, after section 307— insert— ‘307A Evidentiary effect of code contravention notice ‘(1) A document purporting to be a certified copy of a code contravention notice is evidence— (a) that the notice was a code contravention notice given under chapter 5A, part 5, division 1; and (b) of the contravention or other matters stated in it; and (c) that the notice has been given to the distributor or retailer stated in the notice.
s 161 156 s 162 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(2) In this section— certified copy means a copy with a certificate purporting to be signed by a member of QCA stating the copy is a true copy of the document it purports to be.’. 161 Insertion of new s 310A Chapter 6, part 6, after section 310— insert— ‘310A Registers QCA must keep ‘QCA must keep a register of each of the following— (a) industry codes; (b) each retailer’s standard terms; (c) warning notices, including expired warning notices; (d) conduct assurances; (e) code contravention notices, including expired code contravention notices. Note — For access to the registers, see the QCA Act, sections 227A to 227C.’. 162 Amendment of s 315 (Protection from civil liability for particular persons) Section 315(1)— insert— ‘(e) the GRMO; (f) a director or other officer of the GRMO acting within the scope of the person’s directorship or other office with the GRMO; (g) an employee of the GRMO acting within the course of the employee’s employment with the GRMO; (h) QCA.’.
s 163 157 s 166 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 163 Amendment of s 316 (Limitation of liability of distributors and retailers) Section 316(1), ‘fuel gas’— omit, insert— ‘processed natural gas’. 164 Insertion of new s 316A After section 316— insert — ‘316A Protection from liability of member or employee of QCA ‘(1) A member or employee of QCA is not civilly liable for an act done, or omission made, in good faith under this Act. ‘(2) If subsection (1) prevents a civil liability attaching to a member or employee, the liability attaches instead to QCA.’. 165 Amendment of s 320 (Delegation by Minister) Section 320(3), ‘section 228 or 233’— omit, insert— ‘chapter 3, part 4, division 2’. 166 Insertion of new ss 321A and 321B After section 321— insert— ‘321A Delegation by QCA ‘QCA may delegate, to the GRMO, QCA’s functions under chapter 5A, part 5 to the extent the functions relate to provisions of an industry code concerning gas retail market services.
s 167 158 s 167 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘321B Reporting to Minister by QCA ‘(1) QCA must, on or before each 31 December and 30 June, give the Minister a written report about the performance of— (a) its functions under this Act; and (b) any of the Minister’s functions under this Act that have been delegated to QCA. ‘(2) QCA may, from time to time, give the Minister reports about any significant events in the State’s processed natural gas market of which it considers the Minister ought to be aware, including, for example, systemic issues materially affecting consumers. ‘(3) In this section a reference to the performance of a function includes the exercise of a power.’. 167 Replacement of ch 7 (Transitional provisions) Chapter 7— omit, insert— ‘Chapter 7 Transitional provisions for Electricity and Other Legislation Amendment Act 2006 ‘324 Definitions for ch 7 ‘In this chapter— amendment Act means the Electricity and Other Legislation Amendment Act 2006 . FRC day means the day the amendment Act, section 114 commences. former , for a provision mentioned in this part, means the provision to which the reference relates is a provision of the pre-amended Act. new , for a provision mentioned in this part, means the provision to which the reference relates is a provision of the
s 167 159 s 167 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 post-amended Act, as affected by any relevant definitions under the post-amended Act. post-amended Act means this Act as in force from the FRC day. pre-amended Act means this Act as in force before the FRC day. ‘325 Conversion of customer retail contracts for particular small customers to standard contracts ‘(1) This section applies on the FRC day if— (a) immediately before that day, a customer retail contract under the pre-amended Act (the existing contract ) was in force between a customer and a retailer for the provision of customer retail services to premises; and (b) under the post-amended Act the customer is a small customer for the premises; and (c) notified prices applied to the customer for the provision of the services to the premises. ‘(2) The existing contract ends. ‘(3) The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day. ‘(4) The customer and the retailer are, under new section 204, taken to have entered into a standard retail contract for the provision of the services to the premises. ‘(5) New sections 204 and 207 apply to the standard retail contract as if it were a contract taken to have been entered into under that section. ‘326 Small customer may enter into negotiated retail contract before FRC day ‘(1) This section applies if— (a) under the pre-amended Act, a customer is a non-contestable customer for premises; and (b) the customer would, under the post-amended Act, be a small customer for the premises.
s 167 160 s 167 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(2) Despite former section 169, the customer may enter into a negotiated retail contract under the post-amended Act for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act. ‘(3) However, until the FRC day— (a) customer retail services can not be provided under the negotiated retail contract; and (b) any customer retail contract under the pre-amended Act continues to apply for the provision of the services. ‘(4) Also, it is taken to be a term of the negotiated contract that the customer may, by written notice to the relevant retailer given within 10 business days after the FRC day, terminate the contract without penalty. ‘(5) The notice need not state a ground for the termination. ‘327 Transitional retail contracts ‘(1) This section applies on the FRC day if— (a) immediately before that day, a customer retail contract under the pre-amended Act (the existing contract ) was in force between a customer and a retailer for the provision of customer retail services to premises; and (b) in the 12 months before the FRC day, the customer at the premises consumed more than 1TJ, but less than 10TJ, of processed natural gas; and (c) notified prices applied to the customer for the provision of the services to the premises. ‘(2) The existing contract ends. ‘(3) The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day. ‘(4) The customer and the retailer are taken to have entered into a a new retail contract (the transitional retail contract ) for the provision of the services to the premises. ‘(5) The terms of the transitional retail contract are the retailer’s terms for retail contracts of the type to which this section
s 167 161 s 167 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 applies, as published on the area retailer’s website and given to QCA no later than 5 days before the FRC day. ‘(6) The retailer must, as soon as practicable after publishing the terms under subsection (5), give the customer a notice that the terms of the retailer’s transitional retail contracts may be inspected on its website. ‘(7) The customer and the retailer are taken to have agreed to comply with the terms and to have entered into the transitional retail contract as a deed. ‘(8) New section 207 applies to the transitional retail contract as if a reference in the section to a standard retail contract were a reference to the transitional retail contract. ‘(9) This section is subject to the retailer of last resort scheme. ‘328 References to other particular contracts under pre-amended Act ‘(1) ‘In an Act or document, a reference to a contract of a following type (the old type ) under the pre-amended Act is taken to be a reference to a type of contract under the post-amended Act stated opposite the old type— (a) a customer connection contract—a connection contract; (b) a customer retail contract—a retail contract. ‘(2) Subsection (1) applies subject to new sections 325 to 327. ‘329 Price publication requirements of area retailers for FRC ‘(1) Each area retailer must, before the following day, publish and give the Minister and QCA a list of the indicative prices that it proposes to charge its small customers under a standard retail contract for the provision of customer retail services on the FRC day— (a) if, before 31 March 2007, a day is prescribed under a regulation—the prescribed day; (b) otherwise—31 March 2007. Maximum penalty—500 penalty units.
s 167 162 s 167 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(2) For subsection (1), the indicative prices are the prices that the retailer reasonably estimates that it will be charging the customers for the services, other than for the following anticipated charges that it will pass on to them— (a) network use of system charges; (b) network FRC charges passed on to the area retailer from distributors; (c) charges from the GRMO. ‘(3) Each area retailer must, on the earlier of the following days, publish and give the Minister and QCA a list of its actual prices for the services— (a) the day that is 20 days after the last of the charges mentioned in subsection (2) is fixed; (b) the day that is 5 days before the FRC day. Maximum penalty—500 penalty units. ‘(4) A publication of actual prices under subsection (3) may be included in a publication of the area retailer’s standard terms under new section 206, as that section applies because of new section 330. ‘(5) In this section— network FRC charges means charges for costs incurred by distributors in implementing the amendments to this Act under the amendment Act that, under their approved access arrangements, may be passed on to customers. network use of system charges means charges by the relevant distributor for customer connection services and the transportation of processed natural gas. publish means publish on the area retailer’s website. ‘330 Area retailer’s obligations about standard terms apply 1 month before FRC day ‘(1) New sections 160, 205 and 206 apply to each area retailer as if the sections had commenced 1 month before the FRC day.
s 168 163 s 170 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘(2) However, subsection (1) does not apply for the retailer’s standard terms to the extent the terms are its prices for customer retail services. ‘(3) Also, if the retailer gives a list as required under new section 329(3), the retailer may amend its standard terms to include the prices without complying with new section 206. ‘331 Price publication requirements of general retailers for FRC ‘Each general retailer must, before the FRC day, publish on its website and give QCA a list of its prices on the FRC day for its charges to small customers under a standard retail contract for customer retail services. ‘332 Existing mediated agreements ‘Former section 264 continues to apply for a mediated agreement under the pre-amended Act as if the section were still in force. ‘333 Existing orders on arbitrated disputes ‘Former section 265 continues to apply for an order made under the section as if the section were still in force.’. 168 Omission of sch 1 (Contestable customers) schedule 1— omit. 169 Omission of sch 3 (New authorities) schedule 3— omit. 170 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions contestable customer , customer connection contract , customer retail contract , discontinuance
s 170 164 s 170 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 request , discontinue , fuel gas , information notice , LPG , non-contestable customer , notified prices , protected customer and register — omit . (2) Schedule 4— insert — ‘ advisory committee means an advisory committee established under section 257D. area retailer obligation see section 201(2). code contravention notice see section 270R(1). conduct assurance see section 270S(1)(b)(ii). connection contract see section 106(1). disconnect , for customer connection services, includes— (a) cessation, curtailment and interruption; and (b) a refusal to connect or reconnect. energy ombudsman means the energy ombudsman under the Energy Ombudsman Act 2006 . excluded customer see section 17(4). gas retail market services see section 257B(1)(a). GRMO see section 257A(1). industry code means— (a) an initial industry code; or (b) an industry code made by QCA under chapter 5A and as amended from time to time under that chapter. information notice , for a decision, means a notice stating each of the following— (a) the decision; (b) reasons for the decision; (c) the rights of— (i) review or appeal under this Act for the decision; or
s 170 165 s 170 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (ii) referral, under the EnergyOmbudsmanAct2006 , for the decision; (d) the period within which any review or appeal or referral must be started or made; (e) how the rights of review or appeal or referral must be exercised; (f) for a right of review or appeal—that a stay of a decision the subject of review or appeal under this Act may be applied for under this Act. initial industry code means an initial industry code made by the Minister under chapter 5A and as amended from time to time under that chapter. large customer see section 17(3). LPG distribution pipeline means a pipeline that— (a) only transports LPG; and (b) would, other than for the fact that it only transports LPG, be a distribution pipeline as defined under section 13. LPG distribution system means a system of pipelines, meters and other equipment that— (a) is only for LPG; and (b) would, other than for the fact that the system is only for LPG, be a distribution system as defined under section 14. LPG distributor means a person who— (a) owns or operates an LPG distribution pipeline or LPG distribution system; and (b) provides services to premises that— (i) relate to the pipeline or system; and (ii) would, if the pipeline or system was a distribution pipeline or system, be customer connection services as defined under section 19. MIRN means a meter identification registration number under an industry code.
s 170 166 s 170 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 MIRN premises — 1 A MIRN premises is premises, a part of premises or a group of premises— (a) that, under an industry code, has an established metering installation with a MIRN; or (b) for which, under an industry code, a metering installation with a MIRN is to be established. 2 However, the term does not include a premises of an excluded customer. negotiated retail contract see section 208(1). notified prices see section 228(3). premises , of a customer, means premises owned or occupied by the customer. pricing investigation see section 227A(1)(a). QCA Act means the QueenslandCompetitionAuthorityAct1997. QCA code objective see section 270F(1). register of authorities means the register the regulator keeps under section 308. retail contract means a negotiated retail contract or a standard retail contract. retail services application see section 198(1). small customer see section 17(1). standard retail contract see section 204(4). standard terms , for a retailer, see section 205(1). warning notice see section 270R(1).’. (3) Schedule 4, definition corresponding authority , paragraph (h) and definitions meter , reticulated and supply , ‘fuel gas’— omit, insert — ‘processed natural gas’. (4) Schedule 4, definition holder , after ‘register’— insert —
s 171 167 s 172 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘of authorities’. (5) Schedule 4, definition QCA , ‘ Queensland Competition Authority Act 1997 ’— omit, insert — ‘QCA Act’. (6) Schedule 4— renumber as schedule 2. Part 5 Amendment of Queensland Competition Authority Act 1997 171 Act amended in pt 5 This part amends the Queensland Competition Authority Act1997 . 172 Amendment of s 10 (Authority’s functions) (1) Section 10(j), (k) and (l)— omit, insert— ‘(j) to make industry codes, other than an initial industry code, under the Electricity Act 1994 and the Gas SupplyAct 2003 ; and (k) to monitor compliance with industry codes under the Electricity Act 1994 and the Gas Supply Act 2003 ; and (l) to review particular decisions under the Electricity Act1994 ; and’. (2) Section 10(m), ‘this or another Act; and’— omit, insert — ‘an Act, including, for example—
s 173 168 s 175 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (i) performing a function or exercising a power delegated to it under an Act; or (ii) doing an act it is directed to do under an Act; and’. 173 Amendment of s 187 (Confidential information) (1) Section 187(3)(f), ‘section 63(1)(e)’— omit, insert— ‘section 63(1)(c)’. (2) Section 187(3)(g) and (h)— renumber as section 187(3)(h) and (i). (3) Section 187(3)— insert — ‘(g) the regulator under the GasSupplyAct2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or’. 174 Replacement of s 227A (Keeping registers) Section 227A— omit, insert— ‘227A Keeping registers ‘(1) The authority may keep a register in the way it considers appropriate. ‘(2) However, if the register is a register of industry codes under the ElectricityAct1994 or the GasSupplyAct2003 , the authority must keep the register in a way that ensures each code included in the register is published on its website.’. 175 Amendment of s 239 (Confidential information) (1) Section 239(2)(d), ‘section 63(1)(e)’— omit, insert— ‘section 63(1)(c)’.
s 176 169 s 177 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 (2) Section 239(2)(e) and (f)— renumber as section 239(2)(f) and (g). (3) Section 239(2)— insert — ‘(e) the regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or’. 176 Amendment of schedule (Dictionary) Schedule, definition register , paragraph (f)— omit, insert— ‘(f) a register that the authority is required to keep under the Electricity Act 1994 , section 254B or the Gas Supply Act2003 , section 310A;’. Part 6 Minor and consequential amendments 177 Acts amended in schedule (1) The schedule amends the Acts it mentions. (2) However, subsection (1) does not apply in relation to a particular Act if another provision of this Act states that the schedule amends the particular Act.
170 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 Schedule Minor and consequential amendments sections 3, 58 and 177 Electricity Act 1994 1 Chapter 1, part 3, heading, ‘and notes in text’— omit. 2 Section 4A— omit. 3 Chapter 2, part 2, heading, ‘and contestable customers’— omit. 4 Before section 37— insert — ‘Division 1 Preliminary’. 5 After section 41— insert — ‘Division 5 Conditions of distribution authorities’. 6 Chapter 2, part 8, division 1, heading— omit .
171 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 Schedule (continued) 7 Section 89A(8), and schedule 5, definition QCA , ‘ Queensland Competition Authority Act 1997’ — omit, insert — ‘QCA Act’. 8 Sections 89B and 254AA, ‘the QCA’— omit, insert — ‘QCA’. 9 Sections 89B(3), ‘The QCA’— omit, insert — ‘QCA’. 10 Section 135AI, heading, after ‘electricity load’— insert — ‘ and the electricity load of the State ’. 11 Section 135AK, definition information notice — omit. 12 Sections 179A(1), 188A(1), 196A(1) and 204A(1), ‘daily newspaper generally circulating in the State’— omit, insert— ‘Statewide newspaper’. 13 Schedule 1, part 1, ‘27(b)(vii)’— omit, insert — ‘27(b)(vi)’.
172 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 Schedule (continued) 14 Schedule 1, part 1, ‘31(a)(vi)’— omit, insert — ‘31(a)(v)’. 15 Schedule 1, part 1, ‘42(a)(v)’— omit, insert — ‘42(a)(iv)’. 16 Schedule 1, part 1, ‘55D(g)’— omit, insert — ‘55D(i)’. 17 Schedule 1, part 3, entry for section 64E— omit. Gas Supply Act 2003 1 Section 7, ‘schedule 4’— omit, insert — ‘schedule 2’. 2 Chapter 1, part 3, division 2, subdivision 2, heading— omit, insert — ‘Subdivision 2 Processed natural gas’.
173 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 Schedule (continued) 3 Sections 52, 176, 307(a)(iv), 309 and 310, ‘register’— omit, insert — ‘ register of authorities’. 4 Section 159(3), ‘162, 163, 169 and 171’— omit, insert— ‘169, 170 and 171’. 5 Chapter 3, part 1, division 2, subdivisions 1 and 4, headings— omit . 6 Section 232(5), ‘customer retail contract’— omit, insert— ‘retail contract’. 7 Chapter 5, parts 1 and 3, headings— omit. 8 Section 271(1), ‘schedule 2’— omit, insert — ‘schedule 1’. 9 Chapter 6, part 6, heading— omit, insert —
174 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 ‘Part 6 Schedule (continued) Registers’. 10 Section 308, heading— omit, insert — ‘308 Register of authorities’. 11 Section 309(1)(a), ‘section 28(a) to (d)’— omit, insert — ‘section 28(a), (b) and (c)’. 12 Section 310(3), definition appropriate fee , ‘a copy of a’ — omit, insert — ‘a copy of the’. 13 Schedule 2, ‘259’— omit, insert — ‘268’. 14 Schedule 2, entry for section 331, 2 entries for section 334 and entry for schedule 1, section 5— omit . 15 Schedule 2— renumber as schedule 1.
175 Electricity and Other Legislation Amendment Act 2006 No. 60, 2006 Schedule (continued) Integrated Planning Act 1997 1 Schedule 10, definition specified activity , paragraph (e)(ii)— omit, insert— ‘(ii) the Electricity Regulation 2006 , section 17; or’. Petroleum and Gas (Production and Safety) Act 2004 1 Schedule 2, definition distribution pipeline — omit, insert— ‘ distribution pipeline means a pipeline that— (a) transports fuel gas as— (i) part of a reticulation system, within a fuel gas market; or (ii) a single point-to-point pipeline to a specific commercial or industrial facility; and (b) is not a transmission pipeline.’. © State of Queensland 2006
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