Overview

The Jervis Bay Territory Acceptance Act 1915 was enacted to provide for the acceptance of the Jervis Bay Territory by the Commonwealth, enabling the Australian Government to exercise legislative and executive power over the Territory. The Act was introduced to address the need for a legal framework governing the administration of this unique territory. The enacting body was the Australian Parliament, with the policy objective being to ensure that residents of the Jervis Bay Territory have access to services comparable to those in similar communities, while achieving the lowest cost mainstream electricity plan available in the adjacent New South Wales region and recovering some costs directly. The Administration Ordinance 1990, made under the authority of the Jervis Bay Territory Acceptance Act 1915, provides the legislative framework for the governance of the Territory, including the power to determine fees for utilities and services provided by the Australian Government. The Electricity Supply Fees Determination 2018 (Jervis Bay Territory) was made under the authority of the Administration Ordinance 1990 to set fees for the supply of electricity in the Jervis Bay Territory. The determination aims to ensure that residents of the Territory have access to competitively priced electricity services, by basing the fees on market rates in the surrounding region and incorporating rebates to meet the specific needs of the Territory's residents. This approach ensures that the Australian Government's policy objective of providing comparable services to residents of the Jervis Bay Territory is met, while also considering the Territory's limited economy of scale for full cost recovery of electricity provision.

Scope and Application

The Jervis Bay Territory Acceptance Act 1915 and the Administration Ordinance 1990 provide the legal framework for the governance of the Jervis Bay Territory, with the Electricity Supply Fees Determination 2018 setting out specific fees for the provision of electricity services within the Territory. This legislation applies to all entities and individuals residing in or conducting business within the Jervis Bay Territory. The fees outlined in the Determination are intended to ensure that residents have access to electricity services comparable to those in the surrounding region, with the costs directly recovered to the extent possible. Notably, the Territory lacks the economic scale to fully recover the costs of electricity provision, thus necessitating the partial recovery approach. The fees are set based on market rates from the adjacent New South Wales region and the Commonwealth's purchase costs for electricity. The Determination includes provisions for domestic, general supply, low voltage industrial, and 11 kilovolt time-of-use demand supply fees, alongside miscellaneous fees for services rendered. Additionally, the Determination sets out provisions for rebates, payment periods, and actions for non-payment, ensuring a structured approach to the financial management of electricity services within the Territory. The Electricity Supply Fees Determination 2018 (Jervis Bay Territory) operates under the jurisdictional scope of the Commonwealth, specifically within the Jervis Bay Territory. It is a legislative instrument made under the Jervis Bay Territory Acceptance Act 1915, and the Administration Ordinance 1990, which empowers the Minister to determine fees for utilities and services. The fees are structured to align closely with those of comparable state communities, particularly in the neighbouring New South Wales region, and are designed to be GST inclusive. The Determination does not specify any exclusions, exemptions, or thresholds beyond those detailed within the schedules and sections of the Determination itself. The policy objective is to ensure that residents have access to reliable and competitively priced electricity services, reflecting a balance between affordability and cost recovery.

Key Provisions

The Jervis Bay Territory Acceptance Act 1915, alongside the Administration Ordinance 1990 (Jervis Bay Territory) and the Electricity Supply Fees Determination 2018 (Jervis Bay Territory), establish the framework for the governance and utility services in the Jervis Bay Territory. Section 4F(1) of the Jervis Bay Territory Acceptance Act 1915 grants the Governor-General the authority to enact ordinances for the territory’s peace, order, and good government. Under Subsection 3B(1) of the Administration Ordinance 1990, the Minister responsible for the territory has the power to set fees for utilities and services provided by the Australian Government, with this power delegated to specific officials within the Department of Infrastructure and Regional Development. This delegation is formalised through the Christmas Island, Cocos (Keeling) Islands, and Jervis Bay Territory Delegation Instrument 2012 (No 2). The Act and the accompanying ordinances impose specific obligations on the parties involved. The Australian Government, through the relevant Minister and departmental officials, must ensure that residents of the Jervis Bay Territory have access to services comparable to those in similar state communities. This includes setting electricity fees based on competitive market rates in the adjacent NSW region while also considering the costs of transport and infrastructure. The Department of Infrastructure and Regional Development is tasked with the responsibility of consulting with the community, which was done by publishing a Community Bulletin on the Department’s website and sending it to electricity account holders. This process aimed to gather feedback on the proposed Electricity Supply Fees Determination 2018 (Jervis Bay Territory), although no submissions were received. Failure to comply with the provisions of the Administration Ordinance 1990 and the Electricity Supply Fees Determination 2018 (Jervis Bay Territory) may result in various civil or criminal consequences. While the Act does not explicitly outline specific penalties for breaches, non-compliance with government regulations can potentially lead to legal actions, fines, or other enforcement measures under general administrative law principles. Additionally, the compatibility of this Legislative Instrument with human rights is assured as it does not engage any of the applicable rights or freedoms, thereby avoiding any human rights issues.