Overview

The Jervis Bay Territory Acceptance Act 1915, enacted by the Commonwealth Parliament, provides the legal framework for the administration of the Jervis Bay Territory. The Act empowers the Governor-General to create ordinances that ensure the territory's peace, order, and good governance. The Jervis Bay Territory Electricity Fee Determination No 1 of 2007, made under the authority of the Minister for Local Government, Territories and Roads, was introduced to establish a consistent electricity fee structure for the Jervis Bay Territory, aligning it with the fee structure of the surrounding New South Wales region. This determination aims to harmonise the electricity fees in the Territory with those of the broader region, thereby supporting the Australian Government's policy of uniform utility rates. The determination sets out the fees for electricity connections and supply, specifies the exclusion of the Goods and Services Tax, and outlines provisions for payment, non-payment, and refunds, without necessitating consultation as it merely reflects existing regional rates.

Scope and Application

The Jervis Bay Territory Electricity Fee Determination No 1 of 2007 applies to the Jervis Bay Territory, establishing the fee structure for electricity provision within this area. The Determination is made pursuant to the Jervis Bay Territory Acceptance Act 1915, which empowers the Governor-General to create Ordinances for the Territory's governance, and the Administration Ordinance 1990, which authorises the Minister for Local Government, Territories and Roads to determine fees for utilities and services provided by the Commonwealth. This Determination specifically addresses the fees for the connection and supply of electricity, aligning them with the fee structure of the surrounding New South Wales region to ensure consistency with Australian Government policy. The Determination does not apply GST to the fees as specified in section 3.2. It also revokes previous electricity determinations to streamline the regulatory framework. The Determination applies to all entities and individuals within the Jervis Bay Territory that require electricity services from the Commonwealth.

Key Provisions

The Jervis Bay Territory Acceptance Act 1915 (section 4F(1)) provides the legislative authority for the Governor-General to enact Ordinances, including the Administration Ordinance 1990 (section 3B(1)), for the administration of the Territory. The primary focus of the Jervis Bay Territory Electricity Fee Determination No 1 of 2007 is to set the fees for the provision of electricity in the Territory, aligning these fees with those in the surrounding region. Section 1 of the Determination allows it to be cited as Fee Determination No 1 of 2007, and section 2 specifies that it commences on 1 March 2007. Section 3.1 of the Determination establishes that the fees for electricity connection and supply are to be determined by the Schedule attached to the Determination. Section 3.2 excludes the Goods and Services Tax (GST) from these fees, while section 3.3 provides definitions necessary for interpreting the Determination. Section 4 outlines the eligibility criteria for 11 kilovolt time-of-use demand supply, while section 5 details the eligibility for low voltage industrial supply. Section 6 specifies the period within which payment must be made, section 7 outlines the actions to be taken in the case of non-payment, section 8 addresses the refund of deposits, and section 9 revokes previous electricity fee determinations. The Jervis Bay Territory Electricity Fee Determination No 1 of 2007 imposes specific obligations on the parties involved. According to section 3.1, the fees for electricity connection and supply are determined by the Schedule, meaning that all residents and businesses in the Territory must adhere to these fees when connecting to or using electricity services. Section 4 and section 5 establish eligibility criteria for different types of electricity supply, ensuring that only those who meet the specified conditions can avail themselves of the respective services. Section 6 mandates that payments must be made within a specified period, thereby requiring prompt financial compliance from the consumers. Section 7 outlines the consequences of non-payment, which may include disconnection of services and further action as deemed necessary by the administering authority. Section 8 provides for the refund of deposits under certain conditions, which imposes an obligation on the authorities to process and issue refunds when applicable. Lastly, section 9 revokes previous electricity fee determinations, requiring all parties to transition to the new fee structure as specified in this Determination. Failure to comply with the provisions of the Jervis Bay Territory Electricity Fee Determination No 1 of 2007 can result in various consequences. Section 7 specifies actions to be taken in the case of non-payment, which may include the disconnection of electricity services. This section does not explicitly state any criminal penalties, but the potential for civil consequences, such as fines or legal action, exists under the broader administrative framework. The Determination does not specify maximum penalties within its text, but it is implied that non-compliance may lead to administrative penalties, including the possibility of legal proceedings to enforce payment or rectify non-compliance. Additionally, failure to adhere to the payment periods outlined in section 6 may result in the enforcement of the actions specified in section 7, which could further escalate to civil litigation if not resolved amicably.