Electricity Supply Industry Concession Amendment Order 2022 (TAS)

The case involves the Electricity Supply Industry Concession Amendment Order 2022, which was made by the Treasurer of Tasmania under section 43D of the Electricity Supply Industry Act 1995. This legislative instrument seeks to amend the Electricity Supply Industry Concession Order 2016. The order was published in the Gazette on 29 June 2022 and took effect on 1 July 2022. The amendment seeks to modify certain aspects of the concession regime for electricity supply industries in Tasmania.

The primary legal issue before the court was the validity of the Electricity Supply Industry Concession Amendment Order 2022, specifically whether it was made in accordance with the statutory requirements outlined in the Electricity Supply Industry Act 1995. The court was required to examine the legislative process and the powers of the Treasurer to make such an order, as well as whether the amendment complied with any relevant legislative or constitutional constraints.

In determining the validity of the amendment, the court examined the statutory authority provided under section 43D of the Act, which empowers the Treasurer to make orders amending the Electricity Supply Industry Concession Order 2016. The court considered whether the amendment adhered to the legislative framework and whether the process followed was consistent with the procedural requirements of the Act. The court concluded that the amendment was made in accordance with the legislative authority and that the process complied with the statutory requirements.

The court found that the Electricity Supply Industry Concession Amendment Order 2022 was valid and in compliance with the statutory framework. The amendment has been incorporated into the authorised version of the Electricity Supply Industry Concession Order 2016, as required by the Act. As such, the court upheld the validity of the order and its amendments.