Overview

The Jervis Bay Territory Acceptance Act 1915 was enacted to formally accept the territory of Jervis Bay as part of the Commonwealth of Australia, thus ensuring its governance and administration under federal authority. This Act empowers the Governor-General to create ordinances necessary for the peace, order, and good governance of the Jervis Bay Territory, addressing the need for a legal framework to manage and administer the territory effectively. The 2009 Electricity Fee Determination under this Act was introduced to establish and regulate the fees for the provision of electricity within the Jervis Bay Territory. This determination ensures that electricity fees are set in a manner that reflects the actual costs of electricity supply, including the increased purchasing costs from external power generators, and it was made without consultation due to its reliance on these specific cost factors. The determination also revokes the previous Electricity Fee Determination 2008, thereby updating the fee structure to better align with current economic conditions.

Scope and Application

The Electricity Fee Determination 2009 (Jervis Bay Territory) applies to the Jervis Bay Territory, as governed by the Jervis Bay Territory Acceptance Act 1915 and administered under the Administration Ordinance 1990. It sets forth the fee structure for the provision of electricity within this territory, applicable to all residents and entities requiring electricity services. This Determination is issued under the authority of the Attorney-General, who is empowered to determine fees for utilities and services provided by the Commonwealth within the Jervis Bay Territory. The fees are structured to reflect the increased costs of wholesale electricity from external power generators and are subject to annual revision to align with financial year changes. Notably, this Determination revokes the preceding Electricity Fee Determination 2008, taking effect from 1 July 2009. It encompasses various fee categories, including domestic and industrial supply fees, and outlines provisions for rebates and miscellaneous fees associated with electricity supply. Additionally, the Determination specifies procedures for payment, non-payment consequences, and the refund of deposits.

Key Provisions

The Electricity Fee Determination 2009 (Jervis Bay Territory) sets forth the fees for electricity supply within the Jervis Bay Territory as outlined in Section 6 (1) of the Determination. This includes various categories of supply such as domestic, general, and low voltage industrial supply, each with its own specific fee structure. The fees are categorised into different parts within Schedule 1, with Part 1 detailing fees for domestic supply, Part 2 for domestic supply controlled off-peak, Part 3 for general supply, Part 4 for general supply controlled off-peak, Part 5 for low voltage industrial supply, and Part 6 for 11 kilovolt time-of-use demand supply. Additionally, Schedule 2 outlines miscellaneous fees associated with the supply of electricity, such as fees for connection, disconnection, meter tests, and other related services. The Determination imposes obligations on the residents and businesses in the Jervis Bay Territory to pay the specified electricity fees as determined by the schedules. This includes domestic consumers, industrial users, and other entities that require electricity supply. The Determination also mandates that pensioner rebates and life support rebates, as outlined in Section 6 (2) and Section 6 (3) respectively, are to be applied to the electricity fees where applicable. Moreover, the Determination sets forth the eligibility criteria for 11 kilovolt time-of-use demand supply in Section 8 and low voltage industrial supply in Section 9. Failure to comply with the requirements set out in the Electricity Fee Determination 2009 (Jervis Bay Territory) may result in enforcement actions. Section 11 of the Determination outlines the actions to be taken in the case of non-payment, which may include further penalties or legal proceedings. Additionally, the Determination does not explicitly mention civil or criminal penalties for breaches, but non-compliance with payment obligations could potentially lead to such consequences as determined by the relevant authorities in accordance with the applicable laws and regulations.