Electricity Supply Fees Determination 2011

Administered by Department of Regional Australia, Local Government, Arts and Sport

Legislation au F2011L01349 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Jervis Bay Territory Acceptance Act 1915

Administration Ordinance 1990

 

 

Electricity Supply Fees Determination 2011 (Jervis Bay Territory)

 

The Administration Ordinance 1990 was made pursuant to Subsection 4F(1) of the Jervis Bay Territory Acceptance Act 1915 (the Act) which provides that the Governor-General may make Ordinances for the peace, order and good government of the Jervis Bay Territory (the Territory). 

 

Subsection 3B(1) of the Administration Ordinance 1990 enables the Minister responsible for Australia’s Territories to determine fees for the provision of utilities and services provided by the Australian Government in Jervis Bay Territory. The Minister has delegated the power to determine fees for these utilities and services to specific official positions within the Department of Regional Australia, Regional Development and Local Government (Department). The signatory of this Determination is such a delegate under the Territories Delegation Instrument made by the Minister on 6 December 2010.

 

The purpose of this Determination is to set the electricity fees for the Jervis Bay Territory. These fees take into account Government policy to deliver services to Jervis Bay Territory residents at a standard and cost that are based on general parity with those charged by electricity retailers in the surrounding region as approved by state and national regulators, and recovery of some of the costs of electricity provision. The Territory does not have an economy of scale to enable full recovery all the costs related to the provision of electricity.

 

Details of this Determination are set out in the Attachment.

 

This Determination revokes the Electricity Fee Determination 2009 (Jervis Bay Territory).

 

This Determination commences on 1 July 2011.

 

Consultation

The Department of Regional Australia, Regional Development and Local Government published in the Jervis Bay Territory Community Bulletin and the Department’s Internet, a notice of the proposed increase in fees and an invitation to comment on the proposal. The Bulletin was posted to all residents and electricity account holders in the Territory. It advised the availability of documentation supporting the fee increase such as a comparison of the new fees and what was in force at the time of consultation, and the draft Determination.

 

No submissions were received in response to the notice.

 


ATTACHMENT

 

DETAILS OF THE ELECTRICITY SUPPLY FEES DETERMINATION 2011

(JERVIS BAY TERRITORY)

 

Details of the Determination are as follows:

 

Section 1 of the Determination provides that it may be cited as Electricity Supply Fees Determination 2011.

 

Section 2 provides that the Determination commences on 1 July 2011.

 

Section 3 provides for the revocation of the previous Electricity Supply Fee Determination.

 

Section 4 defines the terms used in the Determination.

 

Subsection 5.1 provides that Schedule 1 determines fees for the supply of electricity. The following outlines how these fees are set:

  • Domestic and General supply fees are based on equivalent electricity supply charges in the surrounding NSW region. NSW electricity supply charges are determined by the Independent Pricing and Regulatory Tribunal (IPART) and the Australian Energy Regulator.
  • The Large Low Voltage (LV) industrial and 11kV time-of-use demand supply fees are calculated on the Department’s electricity purchase costs and a margin to transport the electricity from the NSW-Jervis Bay Territory border using Australian Government infrastructure.

 

Subsections 5.2 and 5.3 provide for rebates to electricity fees. The basis of these rebates is as follows:

  • Given the general parity of domestic electricity charges with those of the surrounding region, the rebates available to Jervis Bay Territory residents are similarly drawn from those offered in NSW. The rebates available in Jervis Bay Territory have been structured to meet known requirements of Territory residents.

 

Section 6 provides that Schedule 2 determines miscellaneous fees for the supply of electricity.

The miscellaneous fees are based on recovery of direct costs incurred by the Department for services rendered under commercial contracts.

 

Section 7 provides the eligibility for 11 kilovolt time-of-use demand supply.

 

Section 8 provides the eligibility for LV industrial supply.

 

Section 9 provides for the period for payment.

 

Section 10 provides for action taken by the Department in the case of non-payment by the customer.

 

Section 11 provides for the requirement, use and refund of security deposits.

 

Jervis Bay Territory Electricity Fees (GST inclusive) comparison table:

 

When examining the fees below, it is important to note that both the 2009 and 2011 supply fees achieve general parity with those charged by electricity providers in the region at the time that each Determination was/is made.  By comparison, the services or Other fees relate to the recovery of direct contracted-service costs incurred by the Department.

Material variances (>10%) occur mostly in access fees between 2009 and 2011. However, these have minimal impact in dollar value. For example, the access fee for domestic controlled off-peak supply increased by 33.33% from $0.033/day to $0.044/day which results in an increase of less than 70 cents over a two-month billing period.

The only electricity consumption-based fees that exceed a 10% increase are those for heavy industrial usage. These are the 11kV supply during peak and shoulder periods, and the Large Low Voltage (LV) supply. At this stage, there is only one user in both these categories.

 

Domestic supply

Item

Description

2009 Fee ($) incl. GST

2011 Fee ($) incl. GST

Variance (%)

1

System access

0.528000 for each day

0.572000 for each day

8.33

2

First 1167 kWh for a 60day period

0.195250 for each kWh

0.208230 for each kWh

6.65

3

For the balance of all electricity supply

0.212850 for each kWh

0.230560 for each kWh

8.32

Domestic supply controlled off‑peak

Item

Description

2009 Fee ($) incl. GST

2011 Fee ($) incl. GST

Variance (%)

1

Off-peak access for off-peak 1

0.033000 for each day

0.044000 for each day

33.33

2

Offpeak 1 (up to 9 hours offpeak supply daily)

0.069300 for each kWh

0.069410 for each kWh

0.16

3

Off-peak access for off-peak 2

0.033000 for each day

0.044000 for each day

33.33

4

Offpeak 2 (up to 18 hours offpeak supply daily)

0.107140 for each kWh

0.110330 for each kWh

2.98

 


General supply

Item

Description

2009 Fee ($) incl. GST

2011 Fee ($) incl. GST

Variance (%)

1

System access

0.594000 for each day

0.704000 for each day

18.52

2

3506 kWh for 60day period

0.181500 for each kWh

0.192280 for each kWh

5.94

3

For the balance of all electricity supply

0.195030 for each kWh

0.209550 for each kWh

7.45

General supply controlled off‑peak

Item

Description

2009 Fee ($) incl. GST

2011 Fee ($) incl. GST

Variance (%)

1

Off-peak access for off-peak 1

0.033000 for each day

0.044000 for each day

33.33

2

Offpeak 1 (up to 9 hours offpeak supply daily)

0.069300 for each kWh

0.069410 for each kWh

0.16

3

Off-peak access for off-peak 2

0.033000 for each

0.044000 for each day

33.33

4

Offpeak 2 (up to 18 hours offpeak supply daily)

0.107140 for each kWh

0.110330 for each kWh

2.98

LV industrial supply

Item

Description

2009 Fee ($) incl. GST

2011 Fee ($) incl. GST

Variance (%)

1

For all electricity supply

0.132473 for each kWh

0.160323 for each kWh

21.02

11kV time‑of‑use demand supply

Item

Description

2009 Fee ($) incl. GST

2011 Fee ($) incl. GST

Variance (%)

1

Monthly fee

7.88909 for each kVA

9.6232 for each kVA

21.98

2

For electricity supply during a peak period

0.142619 for each kWh

0.164498 for each kWh

15.34

3

For electricity supply during a shoulder period

0.135264 for each kWh

0.155074 for each kWh

14.65

4

For electricity supply during an offpeak period

0.057366 for each kWh

0.062104 for each kWh

8.26

Connection of electricity supply — fees payable before connection

Item

Description

2009 Fee ($) incl. GST

2011 Fee ($) incl. GST

Variance (%)

1

Security deposit — pensioners

90.00*

100.00*

11.11

2

Security deposit — customers other than pensioners

180.00*

200.00*

11.11

3

New account supply connection fee

66.00

66.00

0

Note: * GST does not apply to security deposits, refer to Section 99-1, A New Tax System (Goods and Services Tax) Act 1999

Other fees

Item

Description

2009 Fee ($) incl. GST

2011 Fee ($) incl. GST

Variance (%)

1

Combined disconnection/reconnection fee — at the meter board

132.00

132.00

0

2

Combined disconnection/reconnection fee — at the pole or distribution pillar

128.70

495.00*

385

3

Meter test requested by customer –  charged per hour and minimum charge is for one hour

66.00

66.00

0

4

Extraordinary meter reading due to no access

66.00

66.00

0

5

Notice of disconnection delivery fee

13.20

14.00

6

6

Each customer requested change of offpeak pricing option in excess of once in a 12month period

66.00

66.00

0

Note: * Relates to a new contractor performing the task of disconnection and reconnection at the pole as an ad hoc function when directed.

 

 

Overview

The Jervis Bay Territory Acceptance Act 1915 was enacted to establish the legislative framework for the administration of the Jervis Bay Territory by the Commonwealth of Australia. The Act was passed by the Parliament of Australia, aiming to address the need for a governing structure and the provision of services within the Territory. The Act provides for the Governor-General to make Ordinances for the peace, order, and good government of the Territory. One such Ordinance is the Administration Ordinance 1990, which further enables the Minister responsible for Australia’s Territories to delegate the determination of fees for utilities and services provided by the Australian Government in Jervis Bay Territory. The policy objective behind these legislative measures is to ensure that the Territory residents receive services at a standard and cost comparable to those in the surrounding region, while also facilitating the recovery of some of the costs related to service provision. The Electricity Supply Fees Determination 2011 (Jervis Bay Territory) exemplifies this objective by setting electricity fees that aim for general parity with those charged in the region, reflecting the Territory’s limited economy of scale.

Scope and Application

The Electricity Supply Fees Determination 2011 (Jervis Bay Territory) sets out the fees for electricity supply in the Jervis Bay Territory, as mandated by the Administration Ordinance 1990 made under the Jervis Bay Territory Acceptance Act 1915. This legislation applies specifically to the Jervis Bay Territory, affecting residents and businesses within this small Commonwealth territory. The fees established are intended to provide electricity supply at a cost comparable to that in the surrounding region while also covering some of the costs associated with electricity provision. The fees are determined based on equivalent charges in the New South Wales region, with adjustments for specific conditions in Jervis Bay Territory such as transport costs and the absence of an economy of scale. The Minister responsible for Australia’s Territories has delegated the power to set these fees to specific officials within the Department of Regional Australia, Regional Development and Local Government. This Determination revokes the previous Electricity Fee Determination 2009 (Jervis Bay Territory) and came into effect on 1 July 2011. It covers a range of fees including those for system access, electricity supply, and miscellaneous services, with provisions for rebates and penalties for non-payment.

Key Provisions

The Jervis Bay Territory Acceptance Act 1915, under Subsection 4F(1), allows for the creation of Ordinances to ensure the peace, order, and good governance of the Jervis Bay Territory. One such Ordinance, the Administration Ordinance 1990, empowers the Minister responsible for Australia's Territories to determine fees for utilities and services in the Territory. Pursuant to Subsection 3B(1) of the Administration Ordinance 1990, the Minister has delegated the authority to determine these fees to specific officials within the Department of Regional Australia, Regional Development and Local Government. The Electricity Supply Fees Determination 2011 (Jervis Bay Territory) is an outcome of this delegation and sets the fees for electricity supply in the Territory. The main sections of the Electricity Supply Fees Determination 2011 outline the fees for electricity supply in the Jervis Bay Territory. Section 1 allows the Determination to be cited as such, while Section 2 establishes that it comes into effect on 1 July 2011. Section 3 revokes the previous Electricity Supply Fee Determination 2009, making the 2011 Determination the current legal framework for electricity fees. Section 4 provides definitions for terms used in the Determination, ensuring clarity and consistency in its application. The fees themselves are detailed in Schedule 1, which specifies the charges for different types of electricity supply based on parity with surrounding regions and cost recovery considerations. Additionally, Schedule 2 outlines miscellaneous fees for services rendered under commercial contracts, which are based on the direct costs incurred by the Department. The Determination imposes obligations on the Department of Regional Australia, Regional Development and Local Government to set and collect electricity fees in accordance with the outlined provisions. It mandates that domestic and general supply fees align with those of the surrounding New South Wales region, while large low voltage industrial and 11kV time-of-use demand supply fees are calculated based on the Department's purchase costs and transportation margin. The Department must also provide rebates to Jervis Bay Territory residents, structured similarly to those available in New South Wales. Furthermore, the Department is responsible for recovering direct costs through miscellaneous fees and managing customer accounts, including handling non-payment and security deposits. Failure to comply with the provisions of the Electricity Supply Fees Determination 2011 may lead to civil consequences for non-payment of fees, such as disconnection of service and additional charges for reconnection. Additionally, while the Determination itself does not explicitly outline criminal penalties, non-compliance with related laws, such as the Jervis Bay Territory Acceptance Act 1915 or the Administration Ordinance 1990, may result in fines or other legal repercussions. The maximum penalties for breaches of these acts are not specified within the Determination but would be governed by the relevant legislation.

Legal classification tags

Area of Law
Environmental Law
Finance & Banking Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.