Overview

The Jervis Bay Territory Acceptance Act 1915 was enacted to provide for the acceptance of the Jervis Bay Territory by the Commonwealth of Australia from New South Wales. This Act established a framework for the administration of the Territory and enabled the Governor-General to make ordinances for its governance. The 1990 Administration Ordinance, made under this Act, authorises the Minister to determine fees for utilities and services provided by the Australian Government in the Territory. The Electricity Supply Fees Determination 2017 (Jervis Bay Territory), signed by a delegate of the Minister, sets the fees for electricity supply in the Territory, aiming to ensure that residents have access to services comparable to those in equivalent state communities. The fees are based on market rates in the surrounding region and partial cost recovery, given the Territory's lack of an economy of scale for full cost recovery. The determination process involved consultation with the community via a published bulletin, although no submissions were received. The fees set out in the Determination are compatible with human rights, as they do not engage any applicable rights or freedoms.

Scope and Application

The Jervis Bay Territory Electricity Supply Fees Determination 2017 applies to the residents and entities within the Jervis Bay Territory, setting forth the fees for electricity supply services provided by the Australian Government. This Determination is made under the Jervis Bay Territory Acceptance Act 1915 and the Administration Ordinance 1990, which grants the Minister responsible for the Territory the authority to determine fees for utilities and services. The fees are structured to ensure that residents of the Jervis Bay Territory have access to electricity supply services that are comparable to those in equivalent communities in the surrounding region, with a focus on achieving general parity with electricity retailers in New South Wales. The fees encompass various categories including domestic, general supply, low voltage industrial, and 11 kilovolt time-of-use demand supply, with additional miscellaneous fees for services rendered. The Determination specifies the eligibility criteria for different supply types, payment periods, actions for non-payment, and the requirement, use, and refund of security deposits. Notably, the Determination does not engage any of the applicable rights or freedoms under the human rights and freedoms recognised in international instruments. The fees listed in the Determination are inclusive of Goods and Services Tax (GST), as referenced under the A New Tax System (Goods and Services Tax) Act 1999 and GST Ruling 2006/2.

Key Provisions

The Jervis Bay Territory Acceptance Act 1915 establishes the framework for the administration of the Jervis Bay Territory, and the Administration Ordinance 1990 (Jervis Bay Territory) was enacted under the authority of Section 4F(1) of this Act. This ordinance allows the Governor-General to make laws for the peace, order, and good government of the Territory. Section 3B(1) of the Administration Ordinance 1990 specifically empowers the Minister responsible for the Territory to determine fees for utilities and services provided by the Australian Government within the Territory. This responsibility has been delegated to specific officials within the Department of Infrastructure and Regional Development, as per the Christmas Island, Cocos (Keeling) Islands, and Jervis Bay Territory Delegation Instrument 2017 (No 2). The Electricity Supply Fees Determination 2017 (Jervis Bay Territory) sets out the fees for the supply of electricity in the Territory. Section 5.1 of the Determination outlines that the fees are structured to achieve general parity with those charged by electricity retailers in the surrounding New South Wales region, while also recovering some of the costs related to electricity supply. The fees are based on various factors including market surveys and the Department's electricity purchase costs, with a margin added for transportation. Section 6 details miscellaneous fees for services rendered under commercial contracts, while Section 7 to Section 11 provide additional details on eligibility, payment periods, non-payment actions, and security deposits. The Act imposes several obligations on the parties and entities it governs. Firstly, the Department of Infrastructure and Regional Development is responsible for setting and collecting electricity fees in accordance with the Determination. Section 3B(1) of the Administration Ordinance 1990 mandates that the fees must be set in a manner that aligns with regional market rates and recovers a portion of the costs associated with electricity supply. Furthermore, the Department must ensure that the fees are communicated to the residents of the Territory, as evidenced by the Jervis Bay Territory Community Bulletin that was published and distributed. Additionally, the Determination provides for rebates to electricity fees as outlined in Subsections 5.2 and 5.3, which must be structured to meet the known requirements of Territory residents. Failure to comply with the provisions of the Electricity Supply Fees Determination 2017 (Jervis Bay Territory) may result in various consequences. While the Determination itself does not specify explicit offences or penalties for non-compliance, any breach of the Administration Ordinance 1990 or the Jervis Bay Territory Acceptance Act 1915 may lead to civil or criminal penalties. For instance, unauthorised connection or disconnection of electricity supply could result in fines or imprisonment under the relevant state or territory laws. The Determination, being a legislative instrument, is also required to be compatible with the human rights and freedoms recognised in international instruments, as stipulated in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. However, this Determination has been deemed compatible with human rights as it does not engage any applicable rights or freedoms.