{"id":"F2016L01574","name":"Cocos (Keeling) Islands Utilities and Services (Electricity Supply and Services Fees) Determination 2016","slug":"cocos-keeling-islands-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":95243,"registerId":"commonwealth-F2016L01574-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 Cocos (Keeling) Islands 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 Cocos (Keeling) Islands 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 Cocos (Keeling) Islands 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 of 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":5,"scope_assessment":{"changed":false,"description":"This instrument does not change who is covered by the Ordinance. Made under paragraph 7(2)(a) of the Cocos (Keeling) Islands Utilities and Services Ordinance 2016 (s3), it sets fee levels, billing, rebate and enforcement procedures effective 1 September 2022, rather than altering the Ordinance’s substantive scope or eligibility rules."},"complexity_factors":["Multiple premise categories with distinct fixed fees and consumption rates (Definitions; s5; Schedules 1 & 2).","Tiered, multi‑block consumption pricing for some categories requiring daily aggregation by blocks (Schedule 2, items 2, 4, 5).","Rebate and exemption rules that depend on external eligibility definitions and a per‑dependent‑child daily rebate calculation (Definitions; s7(1)–(4)).","Detailed billing, notice and minimum timeframes for payment, reminders and disconnection (s6(4)–(6); s9(1)–(7)): fixed minimum days for payment and warning periods create operational timing constraints.","Administrator discretion to agree written special payment arrangements and to disconnect supply where conditions are met (s10; s9(7)), creating case‑by‑case decision points.","Operational compliance burdens: requirement for written notices to consumers, written notice of residents dependent on life support, and specified fee invoicing (s6(4)–(6); s11).","Cross‑references to other legislation for definitions and eligibility (Cocos (Keeling) Islands Utilities and Services Ordinance 2016 authority s3; Social Security Act definitions; Energy Operators (Powers) Act (WA) definition of premises).","Numeric precision and multiple units (cents per day, cents per unit, dollar service fees) require careful calculation and rounding in billing systems (Schedules 1–3).","Temporal scope: fees take effect from a specified date (s6(2)), so transitional accounting and notice timing matter for implementation."],"plain_english_summary":"Sets daily fixed charges, per‑unit consumption rates and service fees for electricity on the Cocos (Keeling) Islands, prescribes how consumers are billed, payment deadlines, late‑payment reminders, disconnection steps, and life‑support and concession concessions. It applies from 1 September 2022 and affects all electricity consumers on those Islands; eligible concession cardholders receive rebates or exemptions and the Administrator issues written notices, may agree written payment plans, and may disconnect supply under the instrument’s timelines."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument appears to maintain its original scope as a fee-setting determination for electricity supply on the Cocos (Keeling) Islands. The 2016 instrument has been updated with new fee amounts effective from 1 September 2022, but the structure—covering fixed fees, consumption fees, service fees, rebates for eligible persons, and disconnection protections—remains consistent with its original purpose as a pricing and consumer protection mechanism for island utilities."},"complexity_factors":["Multiple fee schedules across 3 separate schedules with tiered consumption rates (some with 2-3 pricing tiers per day)","6 defined categories of premises with specific eligibility criteria (including tax exemption status and funding source tests for community organisations)","Nested conditional logic for rebates: primary residence test + eligible person status + dependent child calculation with tiered amounts (83.38c base + 21.85c incremental)","Cross-references to 4 external Commonwealth Acts (Social Security Act 1991, Veterans' Entitlements Act 1986, Military Rehabilitation and Compensation Act 2004, Income Tax Assessment Act 1997) plus 1 Western Australian Act (Energy Operators (Powers) Act 1979) and 1 WA government scheme","Multi-stage disconnection process with 4 distinct time periods (12 business days for initial notice, 5 business days after due date, 10 business days after reminder, 5 business days after warning)","Incorporation by reference of external definitions ('dependent child', 'premises') and external subsidy schemes (WA Life Support Equipment Energy Subsidy Scheme)"],"plain_english_summary":"This law sets the electricity price list and fees for the Cocos (Keeling) Islands, telling the local Administrator how much to charge households, businesses, charities and government customers. It also creates targeted rebates for low‑income residents, special protections for homes with life‑support equipment, and rules for billing, payment plans and disconnection.\n\nIt matters because it governs who pays how much for costly island power and balances cost recovery with protections for vulnerable consumers."}},"importantCases":[],"_links":{"self":"/api/acts/cocos-keeling-islands-utilities-and-services-electricity-supply-and-services-fees-determination-2016","history":"/api/acts/cocos-keeling-islands-utilities-and-services-electricity-supply-and-services-fees-determination-2016/history","analysis":"/api/acts/cocos-keeling-islands-utilities-and-services-electricity-supply-and-services-fees-determination-2016/analysis","conflicts":"/api/acts/cocos-keeling-islands-utilities-and-services-electricity-supply-and-services-fees-determination-2016/conflicts","importantCases":"/api/acts/cocos-keeling-islands-utilities-and-services-electricity-supply-and-services-fees-determination-2016/important-cases","documents":"/api/acts/cocos-keeling-islands-utilities-and-services-electricity-supply-and-services-fees-determination-2016/documents"}}