Electricity Supply Amendment (Advanced Meters) Act 2016 (NSW)

An Act to amend the Electricity Supply Act 1995 with respect to the installation, maintenance and replacement of electricity meters and the carrying out of certain electrical work; to amend the Electricity (Consumer Safety) Act 2004 with respect to electricity meters; and for other purposes.

1Name of Act

This Act is the Electricity Supply Amendment (Advanced Meters) Act 2016.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1Amendment of Electricity Supply Act 1995 No 94[1]Section 29 Electricity meters

Omit the section.

[2]Section 31 Customer may choose supplier and contractor

Omit “any other person” from section 31 (1) (b).

Insert instead “an accredited service provider”.

[3]Section 31 (2)

Omit the subsection.

[4]Section 31A

Insert after section 31:

31AAccredited service providers(1)

A person must not provide a contestable network service unless the person is accredited to provide services in accordance with the regulations (an accredited service provider) and the person’s accreditation authorises the person to provide the contestable network service concerned.

Maximum penalty: 500 penalty units.

(2)

The regulations may exempt the provision of specified, or a specified class of, contestable network services from the requirement that the services must be provided by an accredited service provider.

(3)

The exemption may be unconditional or subject to conditions.

(4)

The regulations may make provision for or with respect to the following:

• (a)

  the accreditation of accredited service providers (including the imposition of conditions on accreditation),

• (b)

  different classes of accredited service providers,

• (c)

  the payment of fees in connection with the accreditation of accredited service providers (including the imposition of fees for applications for accreditation and renewal of accreditation).

(5)

In this section:

contestable network service means:

• (a)

  a service provided for the purpose of complying with a requirement imposed by a distributor under this Division, and

• (b)

  any other distribution service (within the meaning of the National Electricity Rules) prescribed by the regulations.

[5]Section 32 Sealing of electrical installations

Omit the section.

[6]Section 54 Powers of entry

Omit section 54 (1A). Insert instead:

(1A)

An authorised officer of a retailer may enter the premises of a customer for the following purposes:

• (a)

  reading, testing, maintaining, inspecting or altering any meter installed at the premises,

• (b)

  calculating or measuring energy supplied or taken at the premises,

• (c)

  checking the accuracy of metered consumption at the premises,

• (d)

  replacing meters,

• (e)

  any other purpose prescribed by the regulations relating to metering.

[7]Section 54 (2)

Omit the subsection. Insert instead:

(2)

A power of entry to premises under this section may be exercised only during daylight hours except:

• (a)

  in an emergency, or

• (b)

  in the case of an authorised officer of a retailer—if there is a problem with a meter on the premises that poses a risk to safety.

[8]Section 63M Inspectors

Omit section 63M (1A).

[9]Section 63N Obstruction of inspectors

Omit section 63N (2).

[10]Section 63O Inspection of certain electrical equipment

Omit the section.

[11]Section 63Q Orders prohibiting the unsafe operation of electricity delivery equipment

Omit “or retailer” from section 63Q (1).

[12]Section 63W Search warrants

Omit section 63W (1) (a).

[13]Section 66 Interference with electricity meters

Omit “by the distributor”.

Insert instead “under this Act, the regulations or any other energy laws (within the meaning of the National Energy Retail Law (NSW))”.

[14]Section 183A Personal liability of authorised officers

Insert “or retailer” after “network operator” wherever occurring.

[15]Section 196

Insert after section 195:

196Power of entry by metering provider(1)

A metering provider may enter the premises of a customer for the following purposes:

• (a)

  reading, testing, maintaining, inspecting or altering any metering installation at the premises,

• (b)

  calculating or measuring energy supplied or taken at the premises,

• (c)

  checking the accuracy of metered consumption at the premises,

• (d)

  replacing meters.

(2)

A power of entry to premises under this section may be exercised only during daylight hours except:

• (a)

  in an emergency, or

• (b)

  if there is a problem with a meter on the premises that poses a risk to safety.

(3)

Sections 55, 58–60 and 62 apply to the power of entry conferred on a metering provider under this section in the same way as they apply to a power of entry conferred on an authorised officer under Division 3 of Part 5.

(4)

In this section, metering provider has the same meaning as it has in the National Electricity Rules.

[16]Schedule 6 Savings, transitional and other provisions

Insert at the end of the Schedule:

Part 15Provisions consequent on enactment of Electricity Supply Amendment (Advanced Meters) Act 201669Definitions

In this Part:

advanced meter means a meter that is a type 4 metering installation referred to in Chapter 7 of the National Electricity Rules.

amending Act means the Electricity Supply Amendment (Advanced Meters) Act 2016.

basic meter means a meter that is a type 5 or 6 metering installation referred to in Chapter 7 of the National Electricity Rules.

interim period means the period commencing on the amendment of section 31 by the amending Act and ending on 1 December 2017 (or such later day as may be prescribed by the regulations).

metering provider has the same meaning as it has in the National Electricity Rules.

retailer has the same meaning as it has in the National Energy Retail Law (NSW).

70Basic meters during interim period(1)

Division 4 of Part 3 of this Act, as in force before the repeal of section 29 by the amending Act, continues to apply during the interim period in respect of:

• (a)

  any requirement to install a basic meter imposed under Division 4 of Part 3 of this Act before that repeal, and

• (b)

  a meter installed by a distributor before that repeal, and

• (c)

  a basic meter installed during the interim period.

(2)

A distributor who installed a meter before the repeal of section 29 by the amending Act, or installed a basic meter during the interim period, remains responsible for the maintenance of that meter.

71Interim provisions for installation of advanced meters by retailers and metering providers(1)

A retailer or metering provider who provides, installs or replaces an advanced meter during the interim period, or maintains an advanced meter installed during the interim period, must ensure that:

• (a)

  any person engaged to install an advanced meter is a qualified person (within the meaning of the Electricity (Consumer Safety) Regulation 2015) and has undertaken appropriate training in the installation of advanced meters (including de-energisation and re-energisation of electrical installations), and

• (b)

  safety and compliance testing is carried out in relation to each installation as required by Part 1 of Chapter 3 of the Electricity (Consumer Safety) Regulation 2015.

(2)

A retailer or metering provider must have a safety management system in place that specifies the ways in which the retailer or metering provider proposes to ensure compliance with subclause (1).

(3)

A retailer or metering provider must not, during the interim period, install an advanced meter in relation to premises at which 1 or more persons require life support equipment unless the occupier of the premises is given at least 4 business days notice of the proposed installation (or such shorter period as may be agreed, in writing, between the occupier and retailer or metering provider).

(4)

Clauses 8 (except for clause 8 (1) (d)) and 9 of Schedule 2 apply to a retailer or metering provider who contravenes this clause, or regulations made under this Schedule consequent on the enactment of the amending Act, in the same way as they apply to a licensee who contravenes a requirement of this Act.

(5)

In this clause:

life support equipment has the same meaning as it has in the National Energy Retail Rules.

72Continuation of accreditation

A person accredited for the provision of services for the purposes of section 31 immediately before the insertion of section 31A by the amending Act, is taken to be an accredited service provider and the accreditation of the person is subject to any terms and conditions that applied to the person’s accreditation immediately before that insertion.

73Meaning of “customer connection services”

For the purposes of Division 4 of Part 3 of this Act, customer connection services does not include the provision, installation or maintenance of advanced meters during the interim period.

74Regulations(1)

Regulations made under this Schedule consequent on the enactment of the amending Act may make separate savings and transitional provisions, or amend this Part to consolidate the savings and transitional provisions.

(2)

The regulations made under this Schedule consequent on the enactment of the amending Act have effect despite anything to the contrary in this Part.

[17]Dictionary

Insert in alphabetical order:

accredited service provider—see section 31A.

[18]Dictionary, definition of “connection point”

Omit “, as determined in accordance with the regulations”.

Insert instead “as determined in accordance with the Service and Installation Rules of New South Wales, as in force from time to time, published by the Department of Industry, Skills and Regional Development”.

[19]Dictionary, definition of “electrical installation”

Omit “associated equipment that are”. Insert instead “electrical equipment”.

[20]Dictionary, definition of “electricity delivery equipment”

Omit “or retailer”.

Schedule 2Amendment of Electricity (Consumer Safety) Act 2004 No 4[1]Section 3 Definitions

Insert “meters,” after “fittings,” in the definition of electrical installation in section 3 (1).

[2]Section 3 (1), definition of “electrical installation”

Insert “measuring,” after “conveyance,”.

[3]Section 3 (1), definition of “electrical installation”

Insert “(other than a meter)” after “equipment” in paragraph (a).

[4]Section 30A

Insert after section 30:

30AElectricity meters(1)

Without limiting section 30, an authorised officer may inspect an electrical installation that includes the installation of an electricity meter to ensure that the installation complies with this Act and any standards or requirements imposed by the regulations.

(2)

The regulations may prescribe a fee for or in connection with the inspection by an authorised officer of an electrical installation that includes the installation of an electricity meter.

[5]Schedule 1 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

any other Act that amends this Act

[6]Schedule 1

Insert at the end of the Schedule, with appropriate Part and clause numbering:

PartProvision consequent on enactment of Electricity Supply Amendment (Advanced Meters) Act 2016(1)

Despite the amendments made to the definition of electrical installation by the Electricity Supply Amendment (Advanced Meters) Act 2016, the installation of a basic meter (being a type 5 or 6 metering installation referred to in Chapter 7 of the National Electricity Rules) is not an electrical installation for the purposes of this Act.

(2)

This clause ceases to have effect at the end of the interim period (within the meaning of Part 15 of Schedule 6 to the Electricity Supply Act 1995).

Schedule 3Amendment of Electricity Supply (Safety and Network Management) Regulation 2014[1]Clause 7 Content of safety management system

Omit clause 7 (1) (b) (ii).

[2]Clause 7 (1) (b) (iv)

Insert “, and electrical installations of customers connected to the network operator’s network,” after “network operator’s network”.

[3]Clause 15 Definitions

Omit the definitions of accreditation and contestable service from clause 15 (1).

[4]Clause 16 Persons to be accredited for the provision of contestable services

Omit the clause.

[5]Clause 43 Delegation of functions

Insert at the end of the clause:

(2)

The Secretary may delegate any function conferred or imposed on the Secretary by or under this Regulation (other than this power of delegation) to any employee of the Department.

Schedule 4Amendment of Electricity Supply (General) Regulation 2014[1]Clause 68 Point of supply and distribution systems

Omit the clause.

[2]Clause 70 Prescribed electricity works

Omit the clause.

Schedule 5Amendment of Electricity (Consumer Safety) Regulation 2015[1]Chapter 3 Electrical installations

Insert “meters,” after “fittings,” in the note to the Chapter.

[2]Chapter 3, note

Insert “measuring,” after “conveyance,”.

[3]Chapter 3, note

Omit “section 4 (4)” from paragraph (a). Insert instead “section 3 (4)”.

[4]Chapter 3, note

Omit “(such as by clause 41 of this Regulation)” from paragraph (e).

[5]Clause 32 Standards and requirements for electrical installation work

Omit “or metering arrangements” from clause 32 (2) (b).

[6]Clause 34 Notification of results of safety and compliance tests

Omit “or metering arrangements” from clause 34 (1) (b) (ii).

[7]Clause 34 (1) (d)

Insert after clause 34 (1) (c):

(d)

in the case where the electrical installation is connected, or is intended to be connected, to a distribution system and the electrical installation includes the installation, alteration or replacement of an electricity meter—to the Secretary.

[8]Clause 41 Definition of “electrical installation”

Omit the clause.