Electricity Supply Fees Determination (Jervis Bay Territory) 2026

Explanatory Statement

Issued by the Authority of the Minister for Territories

Jervis Bay Territory Acceptance Act 1915

Administration Ordinance 1990 (Jervis Bay Territory)

Electricity Supply Fees Determination (Jervis Bay Territory) 2026

Authority

The Administration Ordinance 1990 (Jervis Bay Territory) (the ‘JBT Ordinance’), pursuant to subsection 4F(1) of the Jervis Bay Territory Acceptance Act 1915, which provides that the Governor‑General may make Ordinances for the peace, order and good government of the Jervis Bay Territory.

Subsection 3B(1) of the JBT Ordinance enables the Minister responsible for Territories to determine fees for the provision of utilities and use of services provided by the Australian Government in the Jervis Bay Territory.

The Minister has delegated the power to determine fees for the provision of a utility or use of a service to specific official positions within the Commonwealth department responsible for administration of Australian territories, currently the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the department). The signatory of this Determination is such a delegate under the Christmas Island, Cocos (Keeling) Islands, `and Jervis Bay Territory Delegation Instrument 2012 (No 2) dated 20 July 2012.

Purpose

The purpose of the Electricity Supply Fees Determination (Jervis Bay Territory) 2026 (the ‘Determination’) is to set out the fees for the provision of electricity in the Jervis Bay Territory to commence on 1 April 2026.

In making the Determination, the Minister has chosen to maintain the electricity supply fees for domestic supply users in line with the Electricity Supply Fees Determination 2019 (Jervis Bay Territory). The fees charged to domestic supply users, are lower than the department’s cost recovery amount. The electricity supply charges for general, commercial and Low Voltage (LV) industrial supplies in the new Determination have been updated, consistent with cost recovery. The miscellaneous fees, such as meter disconnections and reconnections, and domestic rebates remain unchanged.

Background

The Australian Government policy objective is that Territory residents have access to services similar to those provided in comparable state communities. This objective is achieved through a combination of updating general supply fees by choosing the lowest cost, mainstream electricity plan available in the adjacent NSW region, and updating commercial or industrial fees based on the department’s electricity purchase and transport costs. The Territory directly recovers some costs for the provision of electricity but does not have economies of scale to enable full cost recovery.

Attachment A provides the details of the Electricity Supply Fees Determination 2026 (Jervis Bay Territory).

Consultation

The department informed general supply and commercial supply users of the new electricity determination and offered opportunities for consultation to discuss the proposed changes, via email. This included the Department of Defence, Booderee National Park, and the Wreck Bay Aboriginal Community Council. No responses were received from general or commercial supply users other than formal acknowledgements, and no requests for consultation were made.

In making the Determination, the Minister has chosen to maintain the electricity supply fees for domestic supply users in line with the Electricity Supply Fees Determination 2019 (Jervis Bay Territory). Accordingly, the department did not undertake consultations with domestic supply users, on the basis that domestic electricity supply fees will remain unchanged and those users will not be affected by the Determination.

Repeals

This Determination will repeal the Electricity Supply Fees Determination 2019 (Jervis Bay Territory).  Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Compatibility with Human Rights

This Determination, a Legislative Instrument, is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

This Determination does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.

Attachment A

DETAILS OF THE ELECTRICITY SUPPLY FEES DETERMINATION (JERVIS BAY TERRITORY) 2026

Details of the Determination are as follows:

Section 1 - Name

Section 1 titles the Determination.

Section 2 -Commencement

Section 2 provides the date on which the Determination commences. The whole of the instrument (including Schedules) commences on 1 April 2026.

Section 3 - Authority

Section 3 provides the Determination is made under subsection 3B(1) of the Administration Ordinance 1990 (Jervis Bay Territory).

Section 4 - Schedules

Section 4 provides for the amendment or repeal of instruments specified in a Schedule to this instrument.

Section 5 - Definitions

Section 5 provide for the definitions for key terms in the instrument.

Section 6 – Fees for supply of electricity

Section 6 provides for the fees for supply of electricity:

- for domestic supply in a billing period — the fees are set out in Part 2 of Schedule 2; and

- for domestic supply controlled off-peak in a billing period — the fees are set out in Part 3 of Schedule 2; and

- for general supply in a billing period — the fees are set out in Part 5 of Schedule 2; and

- for general supply controlled off-peak in a billing period — the fees are set out in Part 6 of Schedule 2; and

- for LV industrial supply in a billing period — the fees are set out in Part 7 of Schedule 2; and

- for an 11kV time-of-use demand supply — the fees are set out in Part 8 of Schedule 2.

Section 7 – Fees - miscellaneous

Section 7 provides for the fees for miscellaneous services as set out in Schedule 2.

Section 8 – 11kV time-of-use demand supply

Section 8 provides for the eligibility of a customer for 11kV time-of-use demand supply.

Section 9 LV industrial supply

Section 9 provides for the eligibility of a customer for LV industrial supply.

Section 10 – Period for payment

Section 10 provides for the period of payment of the fees for the supply of electricity for an item mentioned in Schedule 2 or 3.

Section 11 – Non-payment of fees

Section 11 provides for the action to be taken by the department in the case of non-payment of fees by the customer.

Section 12 – Refund of security deposit

Section 12 provides for the requirement, use and refund of security deposits.

Section 13 – Transitional provisions

Section 13 provides transitional provisions to ensure the validity of actions taken under the repealed instrument (being the Electricity Supply Fees Determination 2019 (Jervis Bay Territory).

Schedules

Schedule 1 – Repeals

Schedule 1 provides for the repeal in whole of the Electricity Supply Fees Determination 2019 (Jervis Bay Territory). This repeal will take effect on 1 April 2026.

Schedule 2 – Fees for supply of electricity

Schedule 2 provides for the schedule of fees and rebates for the supply of electricity.

• Domestic fees reflect in Schedule 2 to the same rates electricity supply rates which were determined by the Minister in 2019.
• General Supply fees are based on the lowest cost, mainstream electricity plan available in the adjacent NSW region.
• Commercial or industrial fees, categorised as the Low Voltage (LV) industrial and 11 kilovolt (kV) time-of-use demand supply fees, are based on the department’s electricity purchase costs and a margin to transport the electricity from the NSW-Jervis Bay Territory border using Commonwealth owned infrastructure.

Schedule 3 - Miscellaneous

Schedule 3 provides for the schedule of fees for miscellaneous services. The fees set out in Schedule 3 apply from 1 April 2026.

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

This table compares the fees from the previous Electricity Supply Fees Determination 2019 (Jervis Bay Territory) to the fees contained in the Electricity Supply Fees (Jervis Bay Territory) Determination 2026.

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Electricity Supply Fees Determination (Jervis Bay Territory) 2026

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Disallowable Legislative Instrument

The Electricity Supply Fees Determination (Jervis Bay Territory) 2026 sets the fees for the supply of electricity and other related changes to the Jervis Bay Territory to commence on 1 April 2026.

Subsection 3A of the of the Jervis Bay Territory Administration Ordinance 1990 (the Ordinance) made under the Jervis Bay Territory Acceptance Act 1915 enables the Minister responsible for the Territory to make provision for the supply or use of any of the following utilities and services: water; electricity; gas; drainage and sewerage; and, refuse removal.

Subsection 3B(1) of the Ordinance imposes on a person a fee in relation to: (a) the provision, by the Minister, of a utility to the person; or (b) the use, by the person, of a service provided by the Minister; being the fee determined by the Minister, from time to time, to be the fee applicable to the utility or service.

Subsection 3B(3) of the Ordinance provides a determination may, in relation to a utility or service that is supplied in different localities or in different circumstances, fix different fees.

The Minister has delegated the power to determine fees for the provision of a utility or use of a service to specific official positions within the Commonwealth department responsible for administering the Australian territories, currently the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the department).

Human rights implications

The department is the retailer and supplier of electricity in the Jervis Bay Territory.

This Disallowable Legislative Instrument engages article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR): right to adequate standard of living, including food, water and housing.

It also engages Article 14(2)(h) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to ensure women in rural areas enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

Article 11 recognises the right of everyone to an adequate standard of living for themselves and their family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. Parties to the ICESCR agree to take appropriate steps to ensure the realisation of this right, recognising to this effect the essential importance of international co-operation based on free consent.

The UN Committee has stated that housing must provide adequate shelter, which means adequate privacy, space, security, lighting and ventilation, basic infrastructure and location with regard to work and basic facilities, all at a reasonable cost. Everyone should have sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services.

This legislative instrument engages Articles 11 of the ICESCR and 14(2)(h) of the CEDAW because it supports the provision of electricity to the Jervis Bay Territory population.

Consistent with Australian Government policy for the external territories and the Jervis Bay Territory, electricity provision in the Jervis Bay Territory is comparable to that provided by State and self‑governing Territory governments.

Administrative arrangements are in place to protect customers experiencing financial hardship, including payment arrangements for those struggling to pay their bills. The instrument also supports pensioners and person’s on life support in the form of a rebate on the daily fee otherwise payable for the supply to them. Jervis Bay Territory households were also entitled to separately receive the government’s electricity rebate.

While the Determination allows for disconnection of a service for non-payment of a fee, this is a rare occurrence and the department would only take such action in extreme circumstances. The department would adhere to the National Energy Regulator Guidelines including not disconnecting power if the customer owes less than $300 or is meeting, or attempting to meet a payment plan. Supply would also not be disconnected without the customer’s consent:

• before 8 am or after 3 pm from Monday to Thursday
• on the day before a public holiday, or on a public holiday
• from Friday to Sunday
• on the days between 20 December and 31 December

The department informed general supply and commercial supply users of the new electricity determination and offered opportunities for consultation, via email  to discuss the proposed changes. This included the Department of Defence, Booderee National Park, and the Wreck Bay Aboriginal Community Council. No responses were received from general or commercial supply users other than formal acknowledgements, and no requests for consultation were made.

In making the Determination, the Minister has chosen to maintain the electricity supply fees for domestic supply users in line with the Electricity Supply Fees Determination 2019 (Jervis Bay Territory). Accordingly, the department did not undertake consultations with domestic supply users, on the basis that domestic electricity supply fees will remain unchanged and those users will not be affected by the Determination.

The fees charged to domestic supply users are lower than the department’s cost recovery amount. The electricity supply charges for commercial and Low Voltage (LV) industrial supplies in the new Determination been increased, consistent with cost recovery. The miscellaneous fees, such as meter disconnections and reconnections, and domestic rebates remain unchanged.

Conclusion

This Determination, a Legislative Instrument, is compatible with the human rights and freedoms recognised or declared in the international instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

This Legislative Instrument does not engage any of the applicable rights or freedoms. This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.