Overview

The Jervis Bay Territory Acceptance Act 1915 was enacted to facilitate the governance and administration of the Jervis Bay Territory, providing the framework for the establishment of laws and ordinances that ensure peace, order, and good government in the area. The Act empowers the Governor-General to create ordinances for the Territory, thereby addressing the need for a legislative structure specific to this unique region. The Administration Ordinance 1990, under the authority granted by the Act, enables the Attorney-General to determine fees for utilities and services provided by the Commonwealth within the Territory. The Jervis Bay Territory Electricity Fee Determination 2008 was introduced to align the electricity fee structure of the Territory with that of the surrounding region, in accordance with Australian Government policy, and to provide clarity and consistency in fee determinations for electricity supply and related services within the Territory.

Scope and Application

The Jervis Bay Territory Electricity Fee Determination 2008 applies to the Jervis Bay Territory, a small territory under the jurisdiction of the Commonwealth of Australia. This legislation governs the fees associated with the provision of electricity in the Territory, aligning them with the fee structures of the surrounding New South Wales region. It is applicable to all individuals and entities within the Territory who consume or are supplied with electricity. The electricity fees are regulated to ensure they are consistent with the surrounding region, facilitating equitable access to electricity services for residents and businesses within the Territory. The Determination provides a structured approach to setting fees for electricity supply, including specific provisions for pensioner rebates and life support equipment, as well as miscellaneous fees for the supply of electricity. The Act does not specify exclusions or thresholds but ensures the fees are determined by the Attorney-General and are subject to change through subordinate instruments as necessary.

Key Provisions

The Jervis Bay Territory Acceptance Act 1915 (the Act) authorises the Governor-General to enact Ordinances for the Territory's governance (s 4F(1)). The Administration Ordinance 1990 empowers the Attorney-General to set fees for utilities and services provided by the Commonwealth in the Territory (s 3B(1)). This framework is complemented by the Jervis Bay Territory Electricity Fee Determination 2008, which sets out the electricity fee structure for the Territory. Section 1 of this Determination cites it as the Electricity Supply Fees Determination 2008 (s 1), and it commenced on 1 September 2008 (s 2). This Determination revokes previous electricity fee determinations (s 3), defines key terms (s 4), excludes the Goods and Services Tax (GST) from the fees (s 5), and outlines the fee structure in Schedule 1 (s 6.1). Additionally, it provides for pensioner rebates (s 6.2) and life support rebates (s 6.3). Miscellaneous fees, including those for electricity connection, are detailed in Schedule 2 (s 7), and eligibility for specific electricity supplies, such as 11 kilovolt time-of-use demand supply and low voltage industrial supply, is specified in sections 8 and 9, respectively. Payment periods and procedures for non-payment and refund of deposits are set out in sections 10 and 11, and section 12, respectively. The Act and the associated ordinances and determinations impose specific obligations on parties and entities operating within the Jervis Bay Territory. These include compliance with the established fee structure for electricity and related services, as well as adhering to the rebate provisions and payment schedules outlined in the Determination. The Territory's administration must ensure that fees and charges are collected in accordance with the legal framework, and that any rebates are applied correctly to eligible recipients. Furthermore, the provisions for action in the case of non-payment (s 11) and the refund of deposits (s 12) necessitate that the administering authority follows due process when handling financial transactions related to electricity services. Breach of the provisions outlined in the Act, the Administration Ordinance 1990, and the Electricity Fee Determination 2008 may result in civil and criminal consequences. While the Determination itself does not specify penalties, breaches of the underlying Act or Ordinance could lead to legal action. The potential penalties for such breaches would depend on the specific provisions of the Act or Ordinance being contravened. It is important for all parties to familiarise themselves with the full legal framework to understand the implications of non-compliance fully.