Overview

The Jervis Bay Territory Acceptance Act 1915 was enacted to facilitate the administration and governance of the Jervis Bay Territory, providing the framework for the creation of ordinances that ensure the peace, order, and good government within the territory. The Act allows the Governor-General to enact ordinances necessary for the effective administration of the territory. In line with this legislative framework, the Administration Ordinance 1990 was introduced to provide further administrative details and mechanisms, including the ability for the Minister for Local Government, Territories and Roads to determine fees for utilities and services provided by the Commonwealth within the Territory. The Jervis Bay Territory Electricity Fee Determination No 1 of 2005 was made to align the electricity fee structure in the Jervis Bay Territory with that of the surrounding region, specifically mirroring the Integral Energy fee structure. This Determination was introduced to ensure consistency and fairness in the provision of electricity services, without the need for extensive consultation as it primarily aligns with existing regional policies.

Scope and Application

The Jervis Bay Territory Electricity Fee Determination No 1 of 2005 applies to persons and entities within the Jervis Bay Territory, governing the fees for the provision of electricity services in the area. This Determination is instrumental in regulating the economic aspects of electricity supply by setting out a fee structure that aligns with that of the surrounding New South Wales region. This ensures consistency and fairness in electricity costs for residents and businesses within the Territory. The Determination is made under the authority of the Jervis Bay Territory Acceptance Act 1915, which empowers the Governor-General to enact ordinances for the Territory's governance, and the Administration Ordinance 1990, which allows the Minister for Local Government, Territories and Roads to set fees for utilities and services. The fees set by this Determination include those for the connection and supply of electricity, but exclude GST, as specified in the Schedule. The Determination revokes previous electricity fee determinations to streamline the regulatory framework in the Territory.

Key Provisions

The Jervis Bay Territory Electricity Fee Determination No 1 of 2005 (Fee Determination) sets out the fee structure for electricity services within the Jervis Bay Territory. This Fee Determination, which is based on the Integral Energy fee structure for the surrounding region, was made under the Jervis Bay Territory Acceptance Act 1915 and the Administration Ordinance 1990. Specifically, section 3B(1) of the Administration Ordinance 1990 empowers the Minister for Local Government, Territories and Roads to determine the fees for utilities and services provided by the Commonwealth in the Territory. Section 3.1 of the Fee Determination specifies that the attached Schedule determines the fees payable for the connection of electricity supply and for the supply of electricity. Section 3.2 excludes the Goods and Services Tax (GST) from these fees, while section 3.3 provides the necessary definitions for the purposes of the Fee Determination. The Schedule details the specific electricity fees that are to be charged. Under the Fee Determination, various obligations and requirements are imposed on both the Commonwealth and the residents or businesses in the Jervis Bay Territory. The Commonwealth is required to provide electricity services in accordance with the fee structure outlined in the Schedule. Residents and businesses within the Territory must pay the prescribed fees for electricity connection and supply as per the Schedule. The Fee Determination also outlines specific eligibility criteria for certain types of supply, such as 11 kilovolt time-of-use demand supply (section 4) and low voltage industrial supply (section 5). Additionally, section 6 details the period within which payments must be made, while section 7 outlines the actions that may be taken in the case of non-payment. Section 8 provides for the refund of deposits under certain conditions, and section 9 revokes previous electricity determinations to ensure consistency with the new fee structure. Breach of the requirements under the Fee Determination can lead to civil and administrative consequences. For example, failure to pay the prescribed electricity fees within the stipulated period may result in enforcement actions, as specified in section 7 of the Fee Determination. Additionally, the Act and the Administration Ordinance 1990 provide for various penalties and sanctions for non-compliance with the fees and payment requirements. However, the Fee Determination itself does not explicitly state the maximum penalties for non-compliance. Instead, penalties would be determined in accordance with other applicable laws and regulations, which may include fines or other civil remedies.