Electricity Supply (Consequential and Transitional Provisions) Act 1997 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Electricity Supply (Consequential and Transitional Provisions) Act 1997

No. 82 of 1997

An Act to make certain transitional provisions, and to amend certain Acts, in consequence of the enactment of the Electricity Supply Act 1997

[Notified in ACT Gazette S360: 25 November 1997]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

part i—preliminary

Short title

1.  This Act may be cited as the Electricity Supply (Consequential and Transitional Provisions) Act 1997.

Commencement

2.  (1)  This Part commences on the day on which this Act is notified in the Gazette.

(2)  The remaining provisions commence on the day fixed for the purposes of subsection 2 (2) of the Electricity Supply Act.

Interpretation

3.  (1)  In this Act, unless the contrary intention appears—

“commencement day” means the day fixed for the purposes of subsection 2 (2) of the Electricity Supply Act;

“Electricity Supply Act” means the Electricity Supply Act 1997;

“Energy and Water Act” means the Energy and Water Act 1988;

“Great Southern Energy” means the corporation constituted with that name by the Energy Services Corporations Act 1995 of New South Wales.

(2) Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Electricity Supply Act.

part ii—transitional

Certain corporations to be taken to hold licences

4.  (1)  ACTEW shall be taken to hold—

(a)an electricity distributor’s licence authorising it to operate its distribution system to convey electricity on behalf of retail suppliers; and

(b)a retail supplier’s licence authorising it to supply electricity to retail customers.

(2)  ACTEW Energy Limited shall be taken to hold a retail supplier’s licence authorising it to supply electricity to retail customers.

(3)  Great Southern Energy shall be taken to hold—

(a)an electricity distributor’s licence authorising it to operate its distribution system in the Territory to convey electricity on behalf of retail suppliers; and

(b)a retail supplier’s licence authorising it to supply electricity to retail customers who occupy premises in the Territory that were connected to the corporation’s distribution system immediately before the commencement day.

(4) The Schedule to the Electricity Supply Act applies in relation to licences that are to be taken to be held by virtue of subsection (1), (2) or (3) in the same way as it applies to licences granted in accordance with the Schedule.

Conditions of electricity connection and supply for existing customers

5.  Until a customer connection contract or customer supply contract comes into force in respect of a customer of an electricity distributor, the conditions on which customer connection services and electricity supply are provided to the customer shall be the same as those that applied to the customer immediately before the commencement day.

Conditions of electricity connection and supply for new customers of ACTEW

6.  (1)  This section applies to a person who becomes a customer of ACTEW on or after the commencement day.

(2) Until a customer connection contract or customer supply contract comes into force in respect of a person to whom this section applies, the conditions on which customer connection services and electricity supply are provided to the person shall be those that would have applied to the person under section 51 of the Energy and Water Act immediately before the commencement day.

Existing electricity supply arrangements

7. Section 40 of the Electricity Supply Act does not apply to electricity supply arrangements entered into by ACTEW, ACTEW Energy Limited or Great Southern Energy before the commencement day.

part III—amendments of the energy and water act

Payment of charges etc.

8. Section 50 of the Energy and Water Act is amended—

(a)by inserting in paragraph (1) (a) “by the company as a franchise customer” after “supplied”;

(b)by omitting from subsection (3) “electricity or”; and

(c)by adding at the end the following subsection:

“(6)  In this section—

‘franchise customer’ has the same meaning as in the Electricity Supply Act 1997.”.

Terms and conditions—variation

9.  Section 51 of the Energy and Water Act is amended by omitting from subsection (1) “electricity or”.

[Presentation speech made in Assembly on 25 September 1997]

©  Australian Capital Territory 1997