Electricity Supply Industry Concession Amendment Order 2015 (TAS)

Electricity Supply Industry Concession Amendment Order 2015

I make the following order under section 43D of the Electricity Supply Industry Act 1995 .6 May 2015

PETER GUTWEIN

Treasurer

1Short titleThis order may be cited as the Electricity Supply Industry Concession Amendment Order 2015 . 2CommencementThis order takes effect on the day on which its making is notified in the Gazette. 3Principal OrderIn this order, the Electricity Supply Industry Concession Order 2013 is referred to as the Principal Order. 4Clause 3 amended (Interpretation) Clause 3(1) of the Principal Order is amended as follows: (a) by inserting the following definition after the definition of Act : amendment commencement date means the day on which the Electricity Supply Industry Concession Amendment Order 2015 comes into force; (b) by omitting "cooling" from paragraph (b) of the definition of corresponding concession and substituting "cooling or heating"; (c) by omitting "Commonwealth." from the definition of specified bridging visa and substituting "Commonwealth;"; (d) by inserting the following definition after the definition of specified bridging visa : surviving spouse, in relation to a deceased person, means – (a) the person to whom the deceased person was married immediately before the death of the deceased person; and (b) if the deceased person (whether or not he or she was, at the time of his or her death, married to a person) was, immediately before his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 , with another person – that other person. 5Clause 4 amended (Life support concession) Clause 4 of the Principal Order is amended by inserting after subclause (4) the following subclause: (4A)  If – (a) a person is a surviving spouse in relation to a deceased person; and (b) the deceased person was, immediately before his or her death, eligible for the life support concession in respect of residential premises; and (c) the surviving spouse is eligible for the life support concession in respect of the premises; and (d) an electricity account, in relation to the premises, that is in the name of the deceased person is paid by or on behalf of the surviving spouse – the surviving spouse is taken to have been, in relation to the account, eligible for the life support concession in respect of the premises for the period to which the account relates. 6Clause 5 amended (Medical cooling or heating concession) Clause 5 of the Principal Order is amended as follows: (a) by omitting from subclause (1) "cooling" and substituting "cooling or heating"; (b) by omitting from subclause (2) "cooling" first occurring and substituting "cooling or heating"; (c) by omitting from subclause (2) "cooling" second occurring and substituting "cooling or heating"; (d) by omitting from subclause (3) "cooling" first occurring and substituting "cooling or heating"; (e) by inserting in subclause (3)(c) ", or heating," after "cooling"; (f) by omitting from subclause (3)(d) "cooling" and substituting "cooling or heating"; (g) by omitting from subclause (4) "cooling" first occurring and substituting "cooling or heating"; (h) by inserting in subclause (4)(b)(i) "or, if the application is submitted after the amendment commencement date, claiming the medical cooling or heating concession" after "premises"; (i) by inserting in subclause (4)(b)(ii) ", or heating," after "cooling"; (j) by inserting the following subclause after subclause (4) : (4A)  If – (a) a person is a surviving spouse in relation to a deceased person; and (b) the deceased person was, immediately before his or her death, eligible for the medical cooling or heating concession in respect of residential premises; and (c) the surviving spouse is eligible for the medical cooling or heating concession in respect of the premises; and (d) an electricity account, in relation to the premises, that is in the name of the deceased person is paid by or on behalf of the surviving spouse – the surviving spouse is taken to have been, in relation to the account, eligible for the medical cooling or heating concession in respect of the premises for the period to which the account relates. (k) by omitting from subclause (5) "cooling" and substituting "cooling or heating"; (l) by omitting from subclause (6) "cooling" and substituting "cooling or heating". 7Clause 6 amended (Annual electricity concession) Clause 6 of the Principal Order is amended by inserting after subclause (4) the following subclause: (4A)  If – (a) a person is a surviving spouse in relation to a deceased person; and (b) the deceased person was, immediately before his or her death, eligible for the annual electricity concession in respect of residential premises; and (c) the surviving spouse is eligible for the annual electricity concession in respect of the premises; and (d) an electricity account, in relation to the premises, that is in the name of the deceased person is paid by or on behalf of the surviving spouse – the surviving spouse is taken to have been, in relation to the account, eligible for the annual electricity concession in respect of the premises for the period to which the account relates. 8Schedule 1 amended (Concessions in Respect of Life Support Systems) Schedule 1 to the Principal Order is amended by omitting item 8 and substituting:

8.  Left ventricular assist device 33.062 cents

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 13 May 2015

This order is administered in the Department of Treasury and Finance.

EXPLANATORY NOTE

(This note is not part of the order) This order amends the

(a) changing the name of the medical cooling concession referred to in the Order to the medical cooling or heating concession; and (b) extending that concession to persons who require heating of residential premises for medical purposes; and (c) prescribing that the surviving spouse, of a deceased person who was eligible for a concession in respect of electricity supplied to residential premises, is eligible for that concession in certain circumstances; and (d) altering the concession payable in respect of left ventricular assist devices.