{"id":"F2016L01573","name":"Christmas Island Utilities and Services (Electricity Supply and Services Fees) Determination 2016","slug":"christmas-island-utilities-and-services-electricity-supply-and-services-fees-determination-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95240,"registerId":"commonwealth-F2016L01573-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Christmas Island Utilities and Services (Electricity Supply and Services Fees) Determination 2016.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under paragraph 7(2)(a) of the Christmas Island Utilities and Services Ordinance 2016.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> category, of premises: see section 5.\n\n> consumer means a person to whom electricity is supplied at premises under the Christmas Island Utilities and Services Ordinance 2016.\n\n> daily dependent child rebate amount, for a person, means:\n\n (a) if the person has one dependent child—83.38 cents; or\n (b) if the person has more than one dependent child—83.38 cents for the first child plus 21.85 cents for each additional child.\n\n> dependent child, of a person, has the same meaning as in the Social Security Act 1991.\n\n> eligible person means a person who holds:\n\n (a) a health care card, pensioner concession card or seniors health card under the Social Security Act 1991; or\n (b) a card known as the Repatriation Health Card—For All Conditions, that evidences the person’s eligibility, under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, to be provided with treatment for all injuries or diseases; or\n (c) a Seniors Card issued by the Government of Western Australia.\n\n> life support equipment means equipment covered by the Life Support Equipment Energy Subsidy Scheme administered by the Government of Western Australia.\n\n> premises has the same meaning as in the Energy Operators (Powers) Act 1979 (WA), as in force on 3 October 2016.\n\n> unit means a kilowatt hour.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Categories of premises","content":"#### 5 Categories of premises\n\n Premises mentioned in column 2 of an item of the following table are in the category of premises mentioned in column 1 of the item.\n\n```html\n

Categories of premises

Item

Column 1

Category

Column 2

Premises

1

Residential A2

Premises (for example, houses, flats and apartments) occupied as private dwellings and used solely for residential purposes, other than premises mentioned in item 3

2

Community service C2

Premises occupied by an organisation that:

(a) is a voluntary, non‑profit making organisation; and

(b) is endorsed as exempt from income tax under section 50‑105 of the Income Tax Assessment Act 1997; and

(c) provides a public service that is available to any member of the public without discrimination; and

(d) is not a Commonwealth, State or local government department, instrumentality or agency; and

(e) does not receive the major part of its funding from a body mentioned in paragraph (d)

3

Charitable residential D2

Premises used wholly by a charitable or benevolent organisation and solely for providing residential accommodation other than for commercial gain

4

Business/residential K2

Premises used partly for business purposes and partly for residential purposes, if the circuit wiring for business and residential use is not separate

5

Business and local government L2

Premises:

(a) used for industrial or commercial purposes; or

(b) used for business purposes, other than as mentioned in item 4; or

(c) occupied by a local government department, instrumentality or agency

7

Government (other than local government) N2

Premises occupied by a Commonwealth or State government department, instrumentality or agency

\n```","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Fees","content":"## Part 2—Fees","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Fees","content":"#### 6 Fees\n\n Determination of fees that may be charged for the supply of electricity and related services\n (1) This instrument determines fees that may be charged for:\n (a) the supply of electricity to consumers at premises; and\n (b) the supply of services related to the supply of electricity to consumers at premises.\n (2) The fees determined by this instrument apply from and including 1 September 2022.\n (3) The fees that may be charged are the following:\n (a) fixed fees for the supply of electricity as set out in Schedule 1;\n (b) consumption fees for the supply of electricity as set out in Schedule 2;\n (c) fixed fees for the supply of services related to the supply of electricity as set out in Schedule 3.\n Method of charging fees—notice to consumer\n (4) If the Administrator charges a fee for the supply of electricity to a consumer at premises, or for the supply of a service related to the supply of electricity to a consumer at premises, mentioned in this instrument, the Administrator must do so by sending a written notice to the consumer.\n (5) The notice must specify:\n (a) the amount of the fee payable; and\n (b) the day by which the fee must be paid.\n (6) The day specified in the notice must be at least 12 business days after the day the notice is sent to the consumer.\n Liability to pay fee and payment of fee\n (7) If the Administrator sends the notice under subsection (4) to the consumer:\n (a) the consumer is liable to pay the fee specified in the notice; and\n (b) the fee is payable to the Administrator on behalf of the Commonwealth.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Rebates and exemptions for eligible persons","content":"#### 7 Rebates and exemptions for eligible persons\n\n Rebate—fixed fees\n (1) Despite paragraph 6(3)(a), if:\n (a) electricity is supplied to a consumer at premises in the category Residential A2; and\n (b) the consumer is an eligible person; and\n (c) the premises are the consumer’s principal place of residence;\n the consumer is entitled to a rebate equal to the fixed fee set out in Schedule 1 for the supply of electricity to the consumer at the premises.\n Rebate—consumption fees\n (2) Despite paragraph 6(3)(b), if a consumer entitled to a rebate under subsection (1) has one or more dependent children, the consumer is entitled to a rebate in respect of the consumption fee set out in Schedule 2 for the supply of electricity to the consumer at the premises in accordance with subsections (3) and (4).\n (3) The amount of the rebate under subsection (2) for a period is worked out by multiplying the number of days in the period by the daily dependent child rebate amount for the person.\n (4) However, an entitlement to a rebate under subsection (2) for a period is limited to the amount of the consumption fee for the period.\n Exemption—account establishment fee\n (5) Despite paragraph 6(3)(c) and subsection 6(7), a consumer entitled to a rebate under subsection (1) is not required to pay the fee mentioned in item 1 of the table in clause 1 Schedule 3.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Payment of fees","content":"#### 8 Payment of fees\n\n Subject to section 10, a fee that applies to a consumer in accordance with this instrument is due for payment on or before the day specified in a notice sent to the consumer under subsection 6(4).","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"When a fee is not paid","content":"#### 9 When a fee is not paid\n\n (1) This section applies if:\n (a) a consumer has not paid a fee for the supply of electricity to the consumer at premises, or for the supply of services related to the supply of electricity to the consumer at premises, in accordance with a notice sent to the consumer under subsection 6(4); and\n (b) at least 5 business days have elapsed after the day specified in the notice as the day by which the fee must be paid; and\n (c) a special payment arrangement under section 10 is not in force between the Administrator and the consumer in relation to the fee; and\n (d) the Administrator is not aware that a person residing at the premises is dependent on life support equipment.\n (2) The Administrator must send a written notice (the reminder notice) to the consumer in relation to the fee.\n (3) The reminder notice must state that the fee has not been paid and that special payment arrangements can be made under section 10 if the consumer is experiencing difficulties in paying the fee.\n (4) If the fee is not paid within 10 business days of the date of the reminder notice, the Administrator may send the consumer a written warning (the disconnection warning).\n (5) The disconnection warning must state that action may be taken to disconnect the supply of electricity to the premises unless the following are paid within the period specified in the disconnection warning:\n (a) the fee;\n (b) if the Administrator charges a fee for the disconnection warning—that fee.\n (6) The period specified in the disconnection warning must not be less than 5 business days.\n (7) If the consumer does not pay the fee within the period specified in the disconnection warning, the Administrator may disconnect the supply of electricity to the premises until:\n (a) the consumer has paid:\n (i) the fee; and\n (ii) if the Administrator charges a fee for the disconnection warning—that fee; and\n (iii) if the Administrator charges a fee for reconnecting the supply of electricity to the premises after the disconnection—that fee; or\n (b) a special payment arrangement under section 10 is in force between the Administrator and the consumer in relation to the fee.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Special payment arrangements","content":"#### 10 Special payment arrangements\n\n (1) The Administrator may agree, in writing, to a special payment arrangement with a consumer if:\n (a) the consumer is experiencing difficulties in paying a fee mentioned in this instrument; and\n (b) the consumer notifies the Administrator of the difficulties.\n (2) If a special payment arrangement under this section is in force between the Administrator and the consumer in relation to a fee, the fee is due for payment in accordance with the arrangement.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Notice to Administrator of residents dependent on life support equipment","content":"#### 11 Notice to Administrator of residents dependent on life support equipment\n\n If a person residing at premises is dependent on life support equipment, the consumer to whom electricity is supplied at the premises must give the Administrator written notice of this.","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination stays within the original, narrow purpose of fixing fees and the billing/collection mechanics for electricity supply and related services on Christmas Island under the Christmas Island Utilities and Services Ordinance 2016. It sets amounts, eligibility-based rebates/exemptions, notice and disconnection procedures, and administrative obligations (e.g. life support notification). There is no clear expansion of subject-matter beyond setting fees and related billing rules; the instrument does not create new substantive regulatory powers or policy areas beyond those implicit in the Ordinance."},"complexity_factors":["8 defined terms in the Definitions section (category, consumer, daily dependent child rebate amount, dependent child, eligible person, life support equipment, premises, unit)","6 distinct premises categories in section 5 that determine rates","3 schedules (fixed daily fees; consumption fees including multi-tiered daily calculations; fixed service fees) with numeric rates","Tiered consumption formulas for multiple categories (several items require per-day summation of tiered unit rates)","Multiple timing rules and notice periods (minimum 12 business days for billing notice; 5 business days after due date before reminder; 10 business days to progress to disconnection warning; minimum 5 business days in disconnection warning)","Conditional logic around rebates and exemptions (eligibility depends on card-holding, principal place of residence, dependent children; account-establishment fee exemption for eligible persons — s 7(5))","Cross-references to multiple external Acts for definitions and eligibility (Social Security Act 1991; Veterans' Entitlements Act 1986; Military Rehabilitation and Compensation Act 2004; Income Tax Assessment Act 1997; Energy Operators (Powers) Act 1979 (WA))","Payment enforcement pathway with multiple sequential steps and exceptions (special payment arrangements, life-support dependency, fees for warnings/reconnection)","Numeric precision and itemised fees (many decimal-cent values and exact dollar amounts in Schedules) requiring careful operational implementation"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Sets the prices (fees) that the Christmas Island Administrator may charge for supplying electricity and for related services to consumers on Christmas Island (see s 6(1), Schedules 1–3). The fees in this Determination apply from 1 September 2022 (s 6(2)).\n\n- Divides premises into categories (Residential A2; Community service C2; Charitable residential D2; Business/residential K2; Business and local government L2; Government N2) and ties different fixed daily charges and consumption rates to those categories (see s 5; Schedule 1; Schedule 2).\n\n- Lists fixed daily fees (cents per day) by premises category (Schedule 1) and consumption fees (cents per kilowatt hour or tiered daily sums) by category (Schedule 2). It also lists fixed fees for particular services (account establishment, meter installation/testing, reconnection, temporary connections, disconnection warning, etc.) in dollar amounts (Schedule 3).\n\n- Requires the Administrator to notify a consumer in writing of any fee charged and the due date. The due date must be at least 12 business days after the notice is sent (s 6(4)–(6); s 8).\n\n- Creates a staged debt-recovery process: if a consumer does not pay by the due date, and no special arrangement exists and there is no known life-support dependency at the premises, the Administrator must send a reminder notice; if unpaid after the reminder, the Administrator may send a disconnection warning (minimum 5 business days’ notice) and, if the consumer still does not pay, may disconnect supply until payment or a special payment arrangement is in force (s 9(1)–(7)).\n\n- Allows the Administrator to enter written special payment arrangements with a consumer who notifies that they are having difficulty paying; fees then become payable according to that arrangement (s 10).\n\n- Gives an obligation on the consumer to notify the Administrator if anyone at the premises depends on life support equipment (s 11).\n\n- Provides rebates and exemptions for \"eligible persons\" (people holding certain concession or veterans’ health cards and WA Seniors Card): full rebate of the fixed daily fee for eligible persons living in a Residential A2 premises that is their principal residence (s 7(1)); a dependent-child-linked rebate that reduces consumption charges for such eligible residential consumers (ss 7(2)–(4)); and an exemption from the account-establishment fee for eligible persons (s 7(5)).\n\n\nWhy this matters (stated purpose and who is affected)\n\n- The instrument sets the prices consumers on Christmas Island will face for electricity and related services (s 6; Schedules). Primary direct payers are the island electricity consumers (individual households, charities, businesses, and government occupiers) — the category of the premises determines the rates (s 5; Schedules 1–3).\n\n- Eligible concession-holders receive specific relief from the fixed daily charge and some reductions in consumption and service fees (s 7). That concentrates a measurable benefit on a limited group (concession-card holders and certain veterans).\n\n\nSource’s stated rationale (as given by the instrument)\n\n- The Determination is made under the Christmas Island Utilities and Services Ordinance 2016 (authority stated at s 3) and operationalises the Administrator’s power to charge for electricity supply and services by specifying amounts and the billing/collection procedures (s 6). The rebates/exemptions are explicitly provided in s 7.\n\n\nTesting the stated purpose against mechanics, costs and incentives\n\n- Who pays and who benefits: ordinary consumers pay the daily fixed fee and consumption fee appropriate to their premises category (Schedules 1–2). Eligible persons (concession-card or certain veterans card holders, or WA Seniors Card holders) living in their principal residence in the Residential A2 category get the fixed-fee fully rebated (s 7(1)) and a per-dependent-child rebate that offsets part of consumption fees up to the consumption fee amount (ss 7(2)–(4)). Eligible persons are also exempt from the account-establishment fee (s 7(5)).\n\n- Behavioural incentives: the fee structure distinguishes residential, charitable/community, mixed-use, business, and government premises, imposing higher per-day fixed charges on businesses and government (Schedule 1) and different marginal consumption rates and tiering for some categories (Schedule 2). Those price differentials create standard economic incentives: businesses and governments face higher fixed or per-unit costs, which affects budgeting and potentially decisions about energy use or demand-side measures.\n\n- Compliance and administrative procedure: the Determination sets explicit notice periods (min. 12 business days for bills; minimum 5 business days between disconnection warning and disconnection) and requires written agreement for special payment plans (ss 6(4)–(6), 9(4)–(6), 10). These clear timelines reduce discretionary variance but require the Administrator to maintain a billing and notice process and to record any special agreements.\n\n- Costs and redistribution: the instrument redistributes some cost burden toward non-eligible consumers (those without the listed concession cards) by exempting/rebating certain fees for eligible persons. The magnitude of redistribution depends on how many eligible persons claim the rebate; those costs are borne by the electricity operation/accounting arrangements of the Administrator (fees collected on behalf of the Commonwealth — s 6(7)(b)).\n\n- Targeting and concentration of benefits: the rebates and the account-establishment exemption are concentrated benefits (limited number of cardholders who are principal-residence residential consumers). The administrative cost of verifying eligibility (card evidence is required by definition of \"eligible person\") is implicit and will fall on the Administrator.\n\n- Implementation risks and operational burdens: the Administrator must track premises categories, maintain written notices with specific timing, detect or be notified of life-support dependencies (s 11), and manage special payment arrangements (s 10). There is a compliance record-keeping burden and some scope for disputes — e.g. whether premises are correctly classified under s 5 or whether the consumer is entitled to a rebate under s 7(1) (principal place of residence).\n\n- Cross-references and interaction with other law: the instrument relies on definitions and entitlements in external legislation (Social Security Act 1991 for dependent child and concession cards; Income Tax Assessment Act 1997 for charity endorsement; Energy Operators (Powers) Act 1979 (WA) for ‘‘premises’’; Veterans' and Military Rehabilitation Acts for repatriation card — see s 4 and s 5). Those cross-references mean eligibility and some classifications depend on other statutory regimes, which may change independently.\n\n\nConcrete trade-offs and opportunity costs\n\n- The Determination provides administratively simple per-day and per-unit charges rather than a complex market-priced competitive supply regime. That simplicity reduces transaction costs but offers less price signalling for marginal generation costs.\n\n- The concession rebates reduce the direct fee burden on a targeted group at the cost of lower collections for the Administrator or higher effective recovery from non‑eligible consumers or budget appropriation. The instrument shifts decision-making about hardship accommodation to the Administrator (s 10), concentrating implementation discretion there.\n\n\nPractical points for affected parties\n\n- Consumers should check which premises category applies to their property (s 5) because that determines daily and per-unit fees (Schedules 1–2).\n\n- Eligible concession holders should register their eligibility evidence to obtain the fixed-fee rebate and account-establishment exemption (s 7).\n\n- Consumers facing payment difficulty should notify the Administrator to seek a special payment arrangement before disconnection steps progress (ss 9–10).\n\n\nKey statutory citations: authority (s 3); fees and application date (s 6); rebates and exemptions (s 7); payment, non-payment and disconnection process (ss 8–9); special payment arrangements and life-support notice (ss 10–11); premises categories and schedules (s 5; Schedules 1–3)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a fee-setting determination for electricity supply on Christmas Island. While the fees have been updated (noting the 2022 application date in section 6(2)), the structure remains consistent with a standard utilities pricing instrument."},"complexity_factors":["Multiple cross-references to external legislation (Social Security Act 1991, Veterans' Entitlements Act 1986, Military Rehabilitation and Compensation Act 2004, Income Tax Assessment Act 1997, Energy Operators (Powers) Act 1979 (WA))","Tiered consumption fee structures with daily calculation periods and multiple thresholds (e.g., 'first 20 units', 'next 1,630 units')","Conditional rebate calculations with nested eligibility criteria (principal place of residence test plus concession card status plus dependent children)","7 defined terms in section 4, with some incorporating external statutory definitions by reference","Multi-stage disconnection process with specific timing requirements (5 business days, 10 business days, 12 business days)","6 distinct categories of premises with overlapping characteristics requiring careful classification"],"plain_english_summary":"This law sets electricity prices and service fees for Christmas Island, assigning different daily charges and usage rates by customer type and granting concessions to pensioners, health‑care, seniors and veterans cardholders. It protects households with life‑support equipment from disconnection, requires reminder and warning notices and offers payment arrangements before cutting power, and lists fees for account setup, connections and meter services. It affects residents, community groups, charities, businesses and government."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/christmas-island-utilities-and-services-electricity-supply-and-services-fees-determination-2016","history":"/api/acts/christmas-island-utilities-and-services-electricity-supply-and-services-fees-determination-2016/history","analysis":"/api/acts/christmas-island-utilities-and-services-electricity-supply-and-services-fees-determination-2016/analysis","conflicts":"/api/acts/christmas-island-utilities-and-services-electricity-supply-and-services-fees-determination-2016/conflicts","importantCases":"/api/acts/christmas-island-utilities-and-services-electricity-supply-and-services-fees-determination-2016/important-cases","documents":"/api/acts/christmas-island-utilities-and-services-electricity-supply-and-services-fees-determination-2016/documents"}}