{"id":"qld:act-1994-064","name":"Electricity Act 1994","slug":"electricity-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"64 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104753,"registerId":"qld-act-1994-064-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introductory provisions","content":"# Introductory provisions","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Electricity Act 1994 .","sortOrder":1},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Objects of Act","content":"# Objects of Act","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objects of Act","content":"### sec.3 Objects of Act\n\nThe objects of this Act are to—\nset a framework for all electricity industry participants that promotes efficient, economical and environmentally sound electricity supply and use; and\nregulate the electricity industry and electricity use; and\nestablish a competitive electricity market in line with the national electricity industry reform process; and\nensure that the interests of customers are protected; and\ntake into account national competition policy requirements.\ns 3 amd 1997 No. 77 s 4 ; 2002 No. 42 s 242 sch 1\n- (a) set a framework for all electricity industry participants that promotes efficient, economical and environmentally sound electricity supply and use; and\n- (b) regulate the electricity industry and electricity use; and\n- (c) establish a competitive electricity market in line with the national electricity industry reform process; and\n- (d) ensure that the interests of customers are protected; and\n- (e) take into account national competition policy requirements.","sortOrder":3},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Dictionary","content":"# Dictionary","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions—the dictionary","content":"### sec.4 Definitions—the dictionary\n\nThe dictionary in schedule 5 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"sec.4A","sectionType":"section","heading":null,"content":"### Section sec.4A\n\ns 4A ins 2004 No. 51 s 3 sch\nom 2006 No. 60 s 3 sch","sortOrder":6},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Some basic concepts of electricity industry operations","content":"# Some basic concepts of electricity industry operations","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Electricity","content":"### sec.5 Electricity\n\nElectricity includes electric current, electrical energy and like or related physical qualities.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Transmission grid","content":"### sec.6 Transmission grid\n\nA transmission grid is a system, or part of a system, of electric lines, substations and associated equipment providing connection between generation facilities and supply networks or customers not supplied through supply networks.\nA transmission grid includes connections to other transmission grids.\n(sec.6-ssec.1) A transmission grid is a system, or part of a system, of electric lines, substations and associated equipment providing connection between generation facilities and supply networks or customers not supplied through supply networks.\n(sec.6-ssec.2) A transmission grid includes connections to other transmission grids.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Regional system control","content":"### sec.7 Regional system control\n\nFor the Queensland system, regional system control is—\nmaintaining the operation and performance of the transmission grid; and\ncontrolling switching of transmission elements and access to them for maintenance, inspection and testing; and\ncontrolling switching of parts of the supply network relevant to the integrity of the Queensland system; and\ncarrying out other functions prescribed by regulation.\ns 7 amd 1997 No. 26 s 4\nprev s 7 om 1997 No. 50 s 4\npres s 7 ins 1997 No. 77 s 5\n- (a) maintaining the operation and performance of the transmission grid; and\n- (b) controlling switching of transmission elements and access to them for maintenance, inspection and testing; and\n- (c) controlling switching of parts of the supply network relevant to the integrity of the Queensland system; and\n- (d) carrying out other functions prescribed by regulation.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Supply network","content":"### sec.8 Supply network\n\nA supply network is a system, or part of a system, of electric lines, substations and associated equipment, other than a transmission grid, for distributing electricity to customers, whether or not generating plant is connected to it.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Network control","content":"### sec.9 Network control\n\nFor a supply network, network control is—\ncoordinating the operation of the supply network and any generators connected to it; or\ncoordinating maintenance programs and schedules for generating plant and elements of the supply network; or\nensuring the integrity of the supply network; or\ncontrolling switching of elements of the supply network and access to them, including disconnection of load, for maintenance, inspection and testing; or\nissuing directions for, and implementing reductions in, demand of customers supplied by the supply network in emergencies when available electricity is limited; or\nscheduling and controlling the switching of controllable load.\n- (a) coordinating the operation of the supply network and any generators connected to it; or\n- (b) coordinating maintenance programs and schedules for generating plant and elements of the supply network; or\n- (c) ensuring the integrity of the supply network; or\n- (d) controlling switching of elements of the supply network and access to them, including disconnection of load, for maintenance, inspection and testing; or\n- (e) issuing directions for, and implementing reductions in, demand of customers supplied by the supply network in emergencies when available electricity is limited; or\n- (f) scheduling and controlling the switching of controllable load.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Network services","content":"### sec.10 Network services\n\nNetwork services are services for electricity transfer provided by transmission entities and distribution entities to persons connected to a transmission grid or supply network.\nproviding electricity transfer capacity\ncontrolling and regulating the characteristics of electricity being transferred\nproviding facilities to connect works of generation entities, transmission entities, distribution entities, or electrical installations of customers, to a transmission grid or supply network\ns 10 amd 1997 No. 26 s 5\n- 1 providing electricity transfer capacity\n- 2 controlling and regulating the characteristics of electricity being transferred\n- 3 providing facilities to connect works of generation entities, transmission entities, distribution entities, or electrical installations of customers, to a transmission grid or supply network","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Ancillary services","content":"### sec.11 Ancillary services\n\nAncillary services are services provided by electricity entities or customers through the operation of their works or installations in ways that are not directly related to the generation and supply of electricity, but are to ensure the stable and secure operation of an electricity system, and its recovery from emergency situations.\nproviding reserve to the system, including through interruptibility of load\noperating generating and other plant to ensure the stable and secure operation of the system\nmaintaining an ability to restore supply to the system after total failure of supply\n- 1 providing reserve to the system, including through interruptibility of load\n- 2 operating generating and other plant to ensure the stable and secure operation of the system\n- 3 maintaining an ability to restore supply to the system after total failure of supply","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Works, substations and operating works","content":"### sec.12 Works, substations and operating works\n\nWorks are anything used for, or in association with, the generation, transmission or supply of electricity.\nelectric lines and associated equipment, apparatus, electrical equipment, buildings, control cables, engines, fittings, lamps, machinery, meters, substations and transformers if they are used for, or in association with, the generation, transmission or supply of, electricity\nA substation is works used for converting, transforming or controlling electricity.\nOperating works are—\nfor a generation entity—the generating plant (including battery storage devices), fuel stocks, electrical and other property (including reactive power compensation devices) used for generating electricity or connecting supply to a transmission grid or supply network; or\nfor a transmission entity—the transmission grid and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the transmission grid; or\nfor a distribution entity—the supply network and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the supply network.\ncoal handling facilities for a coal-fired power station and the land where they are situated\nIn this section—\nbattery storage device —\nmeans plant that—\nconverts electricity into stored chemical energy; and\nreleases stored chemical energy as electricity; and\nan electrochemical battery, including a lithium-ion battery and a vanadium redox flow battery\na solid-state battery, including a lithium-metal battery\nincludes any equipment necessary for the operation of the plant.\nreactive power compensation device means a device primarily designed to regulate reactive power in an electrical system.\na synchronous condenser\ns 12 amd 1997 No. 26 s 6 ; 2002 No. 42 s 242 sch 1 ; 2024 No. 15 s 184\n(sec.12-ssec.1) Works are anything used for, or in association with, the generation, transmission or supply of electricity. electric lines and associated equipment, apparatus, electrical equipment, buildings, control cables, engines, fittings, lamps, machinery, meters, substations and transformers if they are used for, or in association with, the generation, transmission or supply of, electricity\n(sec.12-ssec.2) A substation is works used for converting, transforming or controlling electricity.\n(sec.12-ssec.3) Operating works are— for a generation entity—the generating plant (including battery storage devices), fuel stocks, electrical and other property (including reactive power compensation devices) used for generating electricity or connecting supply to a transmission grid or supply network; or for a transmission entity—the transmission grid and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the transmission grid; or for a distribution entity—the supply network and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the supply network. coal handling facilities for a coal-fired power station and the land where they are situated\n(sec.12-ssec.4) In this section— battery storage device — means plant that— converts electricity into stored chemical energy; and releases stored chemical energy as electricity; and an electrochemical battery, including a lithium-ion battery and a vanadium redox flow battery a solid-state battery, including a lithium-metal battery includes any equipment necessary for the operation of the plant. reactive power compensation device means a device primarily designed to regulate reactive power in an electrical system. a synchronous condenser\n- (a) for a generation entity—the generating plant (including battery storage devices), fuel stocks, electrical and other property (including reactive power compensation devices) used for generating electricity or connecting supply to a transmission grid or supply network; or\n- (b) for a transmission entity—the transmission grid and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the transmission grid; or\n- (c) for a distribution entity—the supply network and other property (including battery storage devices and reactive power compensation devices) used for operating or managing the supply network.\n- (a) means plant that— (i) converts electricity into stored chemical energy; and (ii) releases stored chemical energy as electricity; and Examples— • an electrochemical battery, including a lithium-ion battery and a vanadium redox flow battery • a solid-state battery, including a lithium-metal battery\n- (i) converts electricity into stored chemical energy; and\n- (ii) releases stored chemical energy as electricity; and\n- • an electrochemical battery, including a lithium-ion battery and a vanadium redox flow battery\n- • a solid-state battery, including a lithium-metal battery\n- (b) includes any equipment necessary for the operation of the plant.\n- (i) converts electricity into stored chemical energy; and\n- (ii) releases stored chemical energy as electricity; and\n- • an electrochemical battery, including a lithium-ion battery and a vanadium redox flow battery\n- • a solid-state battery, including a lithium-metal battery","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of electrical equipment","content":"### sec.13 Meaning of electrical equipment\n\nElectrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire—\nused for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage; or\noperated by electricity at a voltage greater than extra low voltage; or\nthat is, or that forms part of, a cathodic protection system.\nHowever, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire forming part of a vehicle if—\nit forms part of a unit of the vehicle that provides propulsion for the vehicle; or\nits source of electricity is a unit of the vehicle that provides propulsion for the vehicle.\nthe headlights of a vehicle\nignition spark plugs of a motor vehicle\nthe interior lighting system of a vehicle, if powered from a battery charged by the engine that drives the vehicle or by the vehicle’s movement\ninterior lighting or a socket outlet in a caravan, if the lighting or outlet is operated by a low voltage generating set or connected to low voltage supply\na refrigeration unit in a food delivery vehicle operating at low voltage from a source separate from the propulsion unit for the vehicle\ns 13 sub 2002 No. 42 s 242 sch 1\n(sec.13-ssec.1) Electrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire— used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage; or operated by electricity at a voltage greater than extra low voltage; or that is, or that forms part of, a cathodic protection system.\n(sec.13-ssec.2) However, electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire forming part of a vehicle if— it forms part of a unit of the vehicle that provides propulsion for the vehicle; or its source of electricity is a unit of the vehicle that provides propulsion for the vehicle. the headlights of a vehicle ignition spark plugs of a motor vehicle the interior lighting system of a vehicle, if powered from a battery charged by the engine that drives the vehicle or by the vehicle’s movement interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated by a low voltage generating set or connected to low voltage supply a refrigeration unit in a food delivery vehicle operating at low voltage from a source separate from the propulsion unit for the vehicle\n- (a) used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage; or\n- (b) operated by electricity at a voltage greater than extra low voltage; or\n- (c) that is, or that forms part of, a cathodic protection system.\n- (a) it forms part of a unit of the vehicle that provides propulsion for the vehicle; or\n- (b) its source of electricity is a unit of the vehicle that provides propulsion for the vehicle.\n- • the headlights of a vehicle\n- • ignition spark plugs of a motor vehicle\n- • the interior lighting system of a vehicle, if powered from a battery charged by the engine that drives the vehicle or by the vehicle’s movement\n- • interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated by a low voltage generating set or connected to low voltage supply\n- • a refrigeration unit in a food delivery vehicle operating at low voltage from a source separate from the propulsion unit for the vehicle","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of electrical installation","content":"### sec.14 Meaning of electrical installation\n\nAn electrical installation is a group of items of electrical equipment.\nHowever, a group of items of electrical equipment is an electrical installation only if—\nall the items are permanently electrically connected together; and\nthe items do not include items that are works; and\nelectricity can be supplied to the group from works or from a generating source.\nAn item of electrical equipment can be part of more than 1 electrical installation.\nFor subsection (2) (a) —\nan item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and\nconnection achieved through using works must not be taken into consideration for deciding whether items of electrical equipment are electrically connected.\nthe switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shop in a shopping centre\nthe switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a house or residential unit\nthe switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shopping centre. The electrical installation for the shopping centre generally includes the electrical installations for the individual shops\nthe switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a residential unit complex. The electrical installation for the residential unit complex generally includes the electrical installations for the individual residential units\nthe switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected within a caravan\ns 14 sub 2002 No. 42 s 242 sch 1\n(sec.14-ssec.1) An electrical installation is a group of items of electrical equipment.\n(sec.14-ssec.2) However, a group of items of electrical equipment is an electrical installation only if— all the items are permanently electrically connected together; and the items do not include items that are works; and electricity can be supplied to the group from works or from a generating source.\n(sec.14-ssec.3) An item of electrical equipment can be part of more than 1 electrical installation.\n(sec.14-ssec.4) For subsection (2) (a) — an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and connection achieved through using works must not be taken into consideration for deciding whether items of electrical equipment are electrically connected. the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shop in a shopping centre the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a house or residential unit the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shopping centre. The electrical installation for the shopping centre generally includes the electrical installations for the individual shops the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a residential unit complex. The electrical installation for the residential unit complex generally includes the electrical installations for the individual residential units the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected within a caravan\n- (a) all the items are permanently electrically connected together; and\n- (b) the items do not include items that are works; and\n- (c) electricity can be supplied to the group from works or from a generating source.\n- (a) an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and\n- (b) connection achieved through using works must not be taken into consideration for deciding whether items of electrical equipment are electrically connected.\n- • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shop in a shopping centre\n- • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a house or residential unit\n- • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shopping centre. The electrical installation for the shopping centre generally includes the electrical installations for the individual shops\n- • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a residential unit complex. The electrical installation for the residential unit complex generally includes the electrical installations for the individual residential units\n- • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected within a caravan","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of electric line","content":"### sec.15 Meaning of electric line\n\nAn electric line is a wire or conductor or associated equipment used for transmitting, transforming, or supplying electricity at a voltage greater than extra low voltage.\nHowever, an electric line does not include—\na wire or conductor directly used in converting electricity into another form of energy; or\na wire or conductor within the internal structure of a building.\na cord for connecting an air-conditioning unit, computer, lamp, television or toaster to a supply of electricity\na power or lighting circuit within a building\ns 15 sub 2002 No. 42 s 242 sch 1\n(sec.15-ssec.1) An electric line is a wire or conductor or associated equipment used for transmitting, transforming, or supplying electricity at a voltage greater than extra low voltage.\n(sec.15-ssec.2) However, an electric line does not include— a wire or conductor directly used in converting electricity into another form of energy; or a wire or conductor within the internal structure of a building. a cord for connecting an air-conditioning unit, computer, lamp, television or toaster to a supply of electricity a power or lighting circuit within a building\n- (a) a wire or conductor directly used in converting electricity into another form of energy; or\n- (b) a wire or conductor within the internal structure of a building.\n- • a cord for connecting an air-conditioning unit, computer, lamp, television or toaster to a supply of electricity\n- • a power or lighting circuit within a building","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of associated equipment for electric line","content":"### sec.16 Meaning of associated equipment for electric line\n\nAssociated equipment , for an electric line, means something ordinarily found in association with the electric line, especially for the purpose of protecting, insulating or supporting, or supporting the operation of, the electric line.\na bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower or tube enclosing, surrounding or supporting a wire or conductor\nan air break, circuit breaker, switch, transformer or other apparatus connected to a wire or conductor\ns 16 sub 2002 No. 42 s 242 sch 1\n- • a bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower or tube enclosing, surrounding or supporting a wire or conductor\n- • an air break, circuit breaker, switch, transformer or other apparatus connected to a wire or conductor","sortOrder":19},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Meaning of meter","content":"### sec.16A Meaning of meter\n\nA meter is a device, including any associated equipment, used for measuring electricity.\ns 16A ins 2002 No. 42 s 242 sch 1","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Voltage","content":"### sec.17 Voltage\n\nVoltage is the difference in electrical potential measured in volts.\nFor alternating current systems, voltage is taken to be the root mean square (RMS) value of the difference.\nUnless otherwise provided, voltage is the nominal voltage between phases of a symmetrical 3-phase system.\nFor electricity supplied from a single wire earth return system originating from a symmetrical 3-phase system, voltage is the nominal voltage between phase and earth.\n(sec.17-ssec.1) Voltage is the difference in electrical potential measured in volts.\n(sec.17-ssec.2) For alternating current systems, voltage is taken to be the root mean square (RMS) value of the difference.\n(sec.17-ssec.3) Unless otherwise provided, voltage is the nominal voltage between phases of a symmetrical 3-phase system.\n(sec.17-ssec.4) For electricity supplied from a single wire earth return system originating from a symmetrical 3-phase system, voltage is the nominal voltage between phase and earth.","sortOrder":21},{"sectionNumber":"ch.1-pt.5","sectionType":"part","heading":"Operation of Act","content":"# Operation of Act","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Application of Act to government entities","content":"### sec.18 Application of Act to government entities\n\nIn this section—\ngovernment entity includes—\nthe State, the Commonwealth or another State; or\nan instrumentality or agent of the State, the Commonwealth or another State.\nThis Act binds a government entity only—\nto the extent that the entity is, or has a financial interest in, an electricity entity; or\nto the extent that the entity is a customer; or\nin relation to electricity restriction and rationing; or\nin relation to sections 287 and 287A .\ns 18 amd 1997 No. 50 s 5 ; 2002 No. 42 s 242 sch 1 ; 2004 No. 53 s 2 sch\n(sec.18-ssec.1) In this section— government entity includes— the State, the Commonwealth or another State; or an instrumentality or agent of the State, the Commonwealth or another State.\n(sec.18-ssec.2) This Act binds a government entity only— to the extent that the entity is, or has a financial interest in, an electricity entity; or to the extent that the entity is a customer; or in relation to electricity restriction and rationing; or in relation to sections 287 and 287A .\n- (a) the State, the Commonwealth or another State; or\n- (b) an instrumentality or agent of the State, the Commonwealth or another State.\n- (a) to the extent that the entity is, or has a financial interest in, an electricity entity; or\n- (b) to the extent that the entity is a customer; or\n- (c) in relation to electricity restriction and rationing; or\n- (d) in relation to sections 287 and 287A .","sortOrder":23},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Declaration for Commonwealth Act","content":"### sec.18A Declaration for Commonwealth Act\n\nThe following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) —\na distribution authority;\na generation authority;\na special approval;\na transmission authority.\ns 18A ins 2010 No. 44 s 104\namd 2014 No. 48 s 7\n- (a) a distribution authority;\n- (b) a generation authority;\n- (c) a special approval;\n- (d) a transmission authority.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Act subject to certain laws","content":"### sec.19 Act subject to certain laws\n\nThis Act is subject to the Gladstone Power Station Agreement Act 1993 .\nThis Act is also subject to the Wet Tropics World Heritage Protection and Management Act 1993 , section 56 .\nThe Wet Tropics World Heritage Protection and Management Act 1993 , section 56 prohibits certain acts (for example, destruction of forest products) without an appropriate authority.\n(sec.19-ssec.1) This Act is subject to the Gladstone Power Station Agreement Act 1993 .\n(sec.19-ssec.2) This Act is also subject to the Wet Tropics World Heritage Protection and Management Act 1993 , section 56 . The Wet Tropics World Heritage Protection and Management Act 1993 , section 56 prohibits certain acts (for example, destruction of forest products) without an appropriate authority.","sortOrder":25},{"sectionNumber":"ch.1-pt.6","sectionType":"part","heading":"Exemptions from Act","content":"# Exemptions from Act","sortOrder":26},{"sectionNumber":"ch.1-pt.6-div.1","sectionType":"division","heading":"On-suppliers","content":"## On-suppliers","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Definitions for div 1","content":"### sec.20 Definitions for div 1\n\nIn this division—\naccounting period ...\ns 20 def accounting period om 2014 No. 48 s 8 (1)\ncommon area ...\ns 20 def common area om 2014 No. 48 s 8 (1)\ncommon area consumption ...\ns 20 def common area consumption om 2014 No. 48 s 8 (1)\nfirst accounting period ...\ns 20 def first accounting period om 2014 No. 48 s 8 (1)\non-supplier means a person who—\nis the owner or occupier of premises or has the right to use premises; and\nsupplies electricity for use in the premises.\nan owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre\na relevant body corporate\ns 20 def on-supplier amd 2014 No. 48 s 8 (2)\non-supplier’s premises , for a person who is an on-supplier, means the premises for which the person is an on-supplier.\non-supply agreement ...\ns 20 def on-supply agreement om 2014 No. 48 s 8 (1)\nreceiver means a person who owns, occupies or has the right to use premises and to whom electricity is supplied by an on-supplier for the premises.\ns 20 def receiver amd 2014 No. 48 s 8 (3)\ns 20 sub 2003 No. 28 s 4\n- (a) is the owner or occupier of premises or has the right to use premises; and\n- (b) supplies electricity for use in the premises.\n- • an owner, occupier or a person who has a right to use a caravan park, exhibition centre, hostel, hotel, industrial park, lodging house, marina, market arcade, motel or shopping centre\n- • a relevant body corporate","sortOrder":28},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Exemptions for on-suppliers","content":"### sec.20A Exemptions for on-suppliers\n\nIf an on-supplier complies with subdivisions 5 and 7 , the on-supplier is exempted from section 88A .\ns 20A ins 2003 No. 28 s 4\namd 2014 No. 48 s 9","sortOrder":29},{"sectionNumber":"sec.20B","sectionType":"section","heading":null,"content":"### Section sec.20B\n\ns 20B ins 2003 No. 28 s 4\nom 2014 No. 48 s 10","sortOrder":30},{"sectionNumber":"sec.20C","sectionType":"section","heading":null,"content":"### Section sec.20C\n\ns 20C ins 2003 No. 28 s 4\nom 2014 No. 48 s 10","sortOrder":31},{"sectionNumber":"sec.20D","sectionType":"section","heading":null,"content":"### Section sec.20D\n\ns 20D ins 2003 No. 28 s 4\nom 2014 No. 48 s 10","sortOrder":32},{"sectionNumber":"sec.20E","sectionType":"section","heading":null,"content":"### Section sec.20E\n\ns 20E ins 2003 No. 28 s 4\nom 2014 No. 48 s 10","sortOrder":33},{"sectionNumber":"sec.20F","sectionType":"section","heading":null,"content":"### Section sec.20F\n\ns 20F ins 2003 No. 28 s 4\nom 2014 No. 48 s 10","sortOrder":34},{"sectionNumber":"sec.20G","sectionType":"section","heading":null,"content":"### Section sec.20G\n\ns 20G ins 2003 No. 28 s 4\nom 2014 No. 48 s 10","sortOrder":35},{"sectionNumber":"sec.20H","sectionType":"section","heading":"Individual metering option","content":"### sec.20H Individual metering option\n\nA receiver may, at any time—\nelect, by written notice given to the relevant on-supplier, to have the receiver’s consumption of electricity supplied from the on-supplier measured by a meter; and\nhave the meter installed, at the receiver’s expense.\nHowever, the election has effect only if the installation is done in a way—\nthat complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or\nif no written directions are given within the 5 business days—that is reasonable.\nIn deciding what is reasonable for subsection (2) , regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises.\ns 20H ins 2003 No. 28 s 4\namd 2014 No. 48 s 11\n(sec.20H-ssec.1) A receiver may, at any time— elect, by written notice given to the relevant on-supplier, to have the receiver’s consumption of electricity supplied from the on-supplier measured by a meter; and have the meter installed, at the receiver’s expense.\n(sec.20H-ssec.2) However, the election has effect only if the installation is done in a way— that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or if no written directions are given within the 5 business days—that is reasonable.\n(sec.20H-ssec.3) In deciding what is reasonable for subsection (2) , regard must be had to the interests of the on-supplier and anyone who is an occupier of the on-supplier’s premises.\n- (a) elect, by written notice given to the relevant on-supplier, to have the receiver’s consumption of electricity supplied from the on-supplier measured by a meter; and\n- (b) have the meter installed, at the receiver’s expense.\n- (a) that complies with any reasonable written directions the on-supplier gives the receiver within 5 business days after the giving of the notice; or\n- (b) if no written directions are given within the 5 business days—that is reasonable.","sortOrder":36},{"sectionNumber":"sec.20I","sectionType":"section","heading":"Compensation for installation damage","content":"### sec.20I Compensation for installation damage\n\nThis section applies if—\na receiver has, under section 20H , given an on-supplier a written notice of election; and\nthe receiver installs a meter for electricity supplied from the on-supplier to the receiver; and\neither—\nno written direction was given by the on-supplier under section 20H ; or\nthe installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or\nthe installation was not done in a way that is reasonable; and\na person as follows (the claimant ) suffers damage to property because of the installation—\nthe on-supplier;\nanyone who is an occupier of the on-supplier’s premises.\nCompensation for the damage is payable by the receiver to the claimant.\nThe compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction.\nA court may order payment of the compensation only if it is just to make the order in the circumstances of the particular case.\nIn making the order the court must have regard to—\nwhether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and\nif paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.\nThis section does not limit a civil right or remedy that exists apart from this section, whether at common law or otherwise.\ns 20I ins 2003 No. 28 s 4\n(sec.20I-ssec.1) This section applies if— a receiver has, under section 20H , given an on-supplier a written notice of election; and the receiver installs a meter for electricity supplied from the on-supplier to the receiver; and either— no written direction was given by the on-supplier under section 20H ; or the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or the installation was not done in a way that is reasonable; and a person as follows (the claimant ) suffers damage to property because of the installation— the on-supplier; anyone who is an occupier of the on-supplier’s premises.\n(sec.20I-ssec.2) Compensation for the damage is payable by the receiver to the claimant.\n(sec.20I-ssec.3) The compensation may be claimed and recovered in a proceeding brought in a court of competent jurisdiction.\n(sec.20I-ssec.4) A court may order payment of the compensation only if it is just to make the order in the circumstances of the particular case.\n(sec.20I-ssec.5) In making the order the court must have regard to— whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.\n(sec.20I-ssec.6) This section does not limit a civil right or remedy that exists apart from this section, whether at common law or otherwise.\n- (a) a receiver has, under section 20H , given an on-supplier a written notice of election; and\n- (b) the receiver installs a meter for electricity supplied from the on-supplier to the receiver; and\n- (c) either— (i) no written direction was given by the on-supplier under section 20H ; or (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or (iii) the installation was not done in a way that is reasonable; and\n- (i) no written direction was given by the on-supplier under section 20H ; or\n- (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or\n- (iii) the installation was not done in a way that is reasonable; and\n- (d) a person as follows (the claimant ) suffers damage to property because of the installation— (i) the on-supplier; (ii) anyone who is an occupier of the on-supplier’s premises.\n- (i) the on-supplier;\n- (ii) anyone who is an occupier of the on-supplier’s premises.\n- (i) no written direction was given by the on-supplier under section 20H ; or\n- (ii) the installation was done in a way that does not comply with the on-supplier’s reasonable written directions under that section; or\n- (iii) the installation was not done in a way that is reasonable; and\n- (i) the on-supplier;\n- (ii) anyone who is an occupier of the on-supplier’s premises.\n- (a) whether it was reasonable for the claimant to give the receiver an opportunity to fix the damage; and\n- (b) if paragraph (a) applies—whether the receiver was given a reasonable period to fix the damage.","sortOrder":37},{"sectionNumber":"sec.20J","sectionType":"section","heading":null,"content":"### Section sec.20J\n\ns 20J ins 2003 No. 28 s 4\namd 2006 No. 60 s 4\nom 2014 No. 48 s 12","sortOrder":38},{"sectionNumber":"sec.20K","sectionType":"section","heading":null,"content":"### Section sec.20K\n\ns 20K ins 2003 No. 28 s 4\nom 2014 No. 48 s 13","sortOrder":39},{"sectionNumber":"sec.20L","sectionType":"section","heading":null,"content":"### Section sec.20L\n\ns 20L ins 2003 No. 28 s 4\nom 2014 No. 48 s 13","sortOrder":40},{"sectionNumber":"sec.20M","sectionType":"section","heading":null,"content":"### Section sec.20M\n\ns 20M ins 2003 No. 28 s 4\nom 2014 No. 48 s 13","sortOrder":41},{"sectionNumber":"sec.20N","sectionType":"section","heading":null,"content":"### Section sec.20N\n\ns 20N ins 2003 No. 28 s 4\namd 2006 No. 9 s 19 ; 2013 No. 39 s 43 sch 1\nom 2014 No. 48 s 13","sortOrder":42},{"sectionNumber":"sec.20O","sectionType":"section","heading":"National Electricity Rules exemption required","content":"### sec.20O National Electricity Rules exemption required\n\nAn on-supplier must be exempt from the requirement under the National Electricity Rules, clause 2.5, to be registered as a network service provider if the on-supplier—\noperates a supply network located solely within the on-supplier’s premises; and\nsupplies electricity using the network.\ns 20O ins 2003 No. 28 s 4\namd 2005 No. 51 s 3 sch ; 2014 No. 48 s 14\n- (a) operates a supply network located solely within the on-supplier’s premises; and\n- (b) supplies electricity using the network.","sortOrder":43},{"sectionNumber":"ch.1-pt.6-div.2","sectionType":"division","heading":"Other exemptions","content":"## Other exemptions","sortOrder":44},{"sectionNumber":"sec.20P","sectionType":"section","heading":"Exemption for connection of generating plant not supplying electricity to transmission grid or supply network","content":"### sec.20P Exemption for connection of generating plant not supplying electricity to transmission grid or supply network\n\nSection 87 does not apply to the connection of a stand-by generating plant to a transmission grid or supply network if—\nthe connection is only when the operation of the plant is tested; and\nelectricity is not supplied by the plant into the grid or network.\ns 20P ins 2003 No. 28 s 4\n- (a) the connection is only when the operation of the plant is tested; and\n- (b) electricity is not supplied by the plant into the grid or network.","sortOrder":45},{"sectionNumber":"sec.20Q","sectionType":"section","heading":"Exemptions for rail government entities, railway managers and their related bodies corporate","content":"### sec.20Q Exemptions for rail government entities, railway managers and their related bodies corporate\n\nA rail government entity is exempted from section 88A in relation to the supply of electricity to Airtrain Citylink Limited ACN 066 543 315 for electricity used—\nin connection with the building or use of electrical installations and other works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or\nfor powering electric rolling stock and railway signals on the Brisbane Airport Rail Link.\nThe railway manager that operates the nominated network and related bodies corporate of that railway manager are exempted from section 88A in relation to the supply of electricity to a third party access holder for electricity used by the third party access holder—\nin connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or\nfor powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.\nSubsection (4) applies if electricity is—\nsupplied—\nby a rail government entity to a relevant railway manager; or\nby a relevant railway manager to a rail government entity; and\nused—\nin connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or\nfor powering electric rolling stock and railway signals on rail transport infrastructure.\nEach of the following is exempted from section 88A in relation to the supply of the electricity—\nthe rail government entity mentioned in subsection (3) (a) (i) ;\nthe relevant railway manager mentioned in subsection (3) (a) (ii) .\nIn this section—\nAirtrain Citylink Limited includes its successors and assigns.\nBrisbane Airport Rail Link means the proposed railway shown on CMPS&F Pty Limited drawing no. RQ0159-C029(F)—\nstarting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point ); and\nfinishing at the domestic terminal of Brisbane Airport.\nA copy of the drawing is available for inspection at the offices of the Department of Transport and Main Roads, Level 12, Capital Hill Building, 85 George Street, Brisbane.\nrail government entity see the Transport Infrastructure Act 1994 , schedule 6 .\nrailway manager see the Transport Infrastructure Act 1994 , schedule 6 .\nrelated body corporate has the meaning given in the Corporations Act .\nrelevant railway manager , in relation to a rail government entity, means—\na railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or\na related body corporate of a railway manager mentioned in paragraph (a) .\nA relevant railway manager may be a rail government entity.\nthird party access holder means a person who, under an arrangement with a railway manager or a related body corporate of the railway manager, is entitled to access and use a nominated part of its rail transport infrastructure (the nominated network ).\ns 20Q ins 2003 No. 28 s 4\namd 2008 No. 33 s 50 ; 2008 No. 67 s 117 ; 2010 No. 19 s 30 ; 2013 No. 19 s 120 sch 1 ; 2014 No. 48 s 15\n(sec.20Q-ssec.1) A rail government entity is exempted from section 88A in relation to the supply of electricity to Airtrain Citylink Limited ACN 066 543 315 for electricity used— in connection with the building or use of electrical installations and other works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link.\n(sec.20Q-ssec.2) The railway manager that operates the nominated network and related bodies corporate of that railway manager are exempted from section 88A in relation to the supply of electricity to a third party access holder for electricity used by the third party access holder— in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.\n(sec.20Q-ssec.3) Subsection (4) applies if electricity is— supplied— by a rail government entity to a relevant railway manager; or by a relevant railway manager to a rail government entity; and used— in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or for powering electric rolling stock and railway signals on rail transport infrastructure.\n(sec.20Q-ssec.4) Each of the following is exempted from section 88A in relation to the supply of the electricity— the rail government entity mentioned in subsection (3) (a) (i) ; the relevant railway manager mentioned in subsection (3) (a) (ii) .\n(sec.20Q-ssec.5) In this section— Airtrain Citylink Limited includes its successors and assigns. Brisbane Airport Rail Link means the proposed railway shown on CMPS&F Pty Limited drawing no. RQ0159-C029(F)— starting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point ); and finishing at the domestic terminal of Brisbane Airport. A copy of the drawing is available for inspection at the offices of the Department of Transport and Main Roads, Level 12, Capital Hill Building, 85 George Street, Brisbane. rail government entity see the Transport Infrastructure Act 1994 , schedule 6 . railway manager see the Transport Infrastructure Act 1994 , schedule 6 . related body corporate has the meaning given in the Corporations Act . relevant railway manager , in relation to a rail government entity, means— a railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or a related body corporate of a railway manager mentioned in paragraph (a) . A relevant railway manager may be a rail government entity. third party access holder means a person who, under an arrangement with a railway manager or a related body corporate of the railway manager, is entitled to access and use a nominated part of its rail transport infrastructure (the nominated network ).\n- (a) in connection with the building or use of electrical installations and other works by Airtrain Citylink Limited, as part of a system of electric traction or for signalling purposes, on the Brisbane Airport Rail Link; or\n- (b) for powering electric rolling stock and railway signals on the Brisbane Airport Rail Link.\n- (a) in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on the nominated network or connected to the nominated network; or\n- (b) for powering electric rolling stock and railway signals on the nominated network or rail transport infrastructure owned by the third party access holder and connected to the network.\n- (a) supplied— (i) by a rail government entity to a relevant railway manager; or (ii) by a relevant railway manager to a rail government entity; and\n- (i) by a rail government entity to a relevant railway manager; or\n- (ii) by a relevant railway manager to a rail government entity; and\n- (b) used— (i) in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or (ii) for powering electric rolling stock and railway signals on rail transport infrastructure.\n- (i) in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or\n- (ii) for powering electric rolling stock and railway signals on rail transport infrastructure.\n- (i) by a rail government entity to a relevant railway manager; or\n- (ii) by a relevant railway manager to a rail government entity; and\n- (i) in connection with the building or use of electrical installations and other works, as part of a system of electric traction or for signalling purposes, on rail transport infrastructure or connected to the rail transport infrastructure; or\n- (ii) for powering electric rolling stock and railway signals on rail transport infrastructure.\n- (a) the rail government entity mentioned in subsection (3) (a) (i) ;\n- (b) the relevant railway manager mentioned in subsection (3) (a) (ii) .\n- (a) starting at a point 0.313km from the north coast rail line (defined on the drawing as the ownership transfer point ); and\n- (b) finishing at the domestic terminal of Brisbane Airport. Editor’s note— A copy of the drawing is available for inspection at the offices of the Department of Transport and Main Roads, Level 12, Capital Hill Building, 85 George Street, Brisbane.\n- (a) a railway manager that operates rail transport infrastructure that is directly connected to rail transport infrastructure operated by the rail government entity; or\n- (b) a related body corporate of a railway manager mentioned in paragraph (a) .","sortOrder":46},{"sectionNumber":"sec.20QA","sectionType":"section","heading":"Exemptions for light rail franchisee and light rail manager","content":"### sec.20QA Exemptions for light rail franchisee and light rail manager\n\nA light rail franchisee for a light rail franchise agreement, or a light rail manager for a light rail, is exempted from section 88A in relation to the supply of electricity used—\nin connection with the building or use of electrical installations and other works required under a light rail franchise agreement; or\nfor powering rolling stock and railway signals for a light rail.\nIn this section—\nlight rail franchisee means a franchisee for a light rail franchise agreement under the Transport Infrastructure Act 1994 , schedule 6 .\ns 20QA ins 2011 No. 12 s 15\n(sec.20QA-ssec.1) A light rail franchisee for a light rail franchise agreement, or a light rail manager for a light rail, is exempted from section 88A in relation to the supply of electricity used— in connection with the building or use of electrical installations and other works required under a light rail franchise agreement; or for powering rolling stock and railway signals for a light rail.\n(sec.20QA-ssec.2) In this section— light rail franchisee means a franchisee for a light rail franchise agreement under the Transport Infrastructure Act 1994 , schedule 6 .\n- (a) in connection with the building or use of electrical installations and other works required under a light rail franchise agreement; or\n- (b) for powering rolling stock and railway signals for a light rail.","sortOrder":47},{"sectionNumber":"sec.20R","sectionType":"section","heading":"Regulation may exempt person or thing from Act","content":"### sec.20R Regulation may exempt person or thing from Act\n\nIf the Governor in Council considers it necessary because of an emergency or other extraordinary circumstances, a regulation may—\nexempt a person or thing from this Act or a provision of this Act; and\nimpose conditions on the exemption; and\nprovide that the exemption ceases or continues if a condition of the exemption is contravened.\nThe regulation expires 6 months after it commences, unless it is earlier repealed.\nA person must not contravene a condition of an exemption applying to the person.\nMaximum penalty for subsection (3) —50 penalty units.\ns 20R ins 2003 No. 28 s 4\n(sec.20R-ssec.1) If the Governor in Council considers it necessary because of an emergency or other extraordinary circumstances, a regulation may— exempt a person or thing from this Act or a provision of this Act; and impose conditions on the exemption; and provide that the exemption ceases or continues if a condition of the exemption is contravened.\n(sec.20R-ssec.2) The regulation expires 6 months after it commences, unless it is earlier repealed.\n(sec.20R-ssec.3) A person must not contravene a condition of an exemption applying to the person. Maximum penalty for subsection (3) —50 penalty units.\n- (a) exempt a person or thing from this Act or a provision of this Act; and\n- (b) impose conditions on the exemption; and\n- (c) provide that the exemption ceases or continues if a condition of the exemption is contravened.","sortOrder":48},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Electricity industry and entities","content":"# Electricity industry and entities","sortOrder":49},{"sectionNumber":"sec.21","sectionType":"section","heading":"Electricity industry","content":"### sec.21 Electricity industry\n\nThe electricity industry is the industry involved in generating, transmitting, supplying and selling electricity in the State.\ns 21 amd 1997 No. 26 s 7","sortOrder":50},{"sectionNumber":"sec.22","sectionType":"section","heading":"Electricity entities","content":"### sec.22 Electricity entities\n\nAn electricity entity is an entity that is a participant in the electricity industry.\nThe following entities are the participants in the electricity industry—\ngeneration entities;\ntransmission entities;\ndistribution entities.\ns 22 amd 1997 No. 26 s 8 ; 2014 No. 48 s 16\n(sec.22-ssec.1) An electricity entity is an entity that is a participant in the electricity industry.\n(sec.22-ssec.2) The following entities are the participants in the electricity industry— generation entities; transmission entities; distribution entities.\n- (a) generation entities;\n- (b) transmission entities;\n- (c) distribution entities.","sortOrder":51},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Customers","content":"# Customers","sortOrder":52},{"sectionNumber":"sec.23","sectionType":"section","heading":"Customers and their types","content":"### sec.23 Customers and their types\n\nA customer is a person who is a customer under the NERL (Qld), section 5 (1) .\nA large customer is a person who is a large customer under the NERL (Qld), section 5 (3) .\nA small customer is a person who is a small customer under the NERL (Qld), section 5 (2) .\nAn excluded customer is a small customer whose premises are connected, or to be connected, to a distribution entity’s supply network that is not connected to the national grid.\ns 23 amd 1997 No. 26 s 9 ; 2002 No. 56 s 6\nsub 2006 No. 60 s 5 (amd 2007 No. 17 s 38 )\namd 2008 No. 33 s 51 ; 2008 No. 56 s 6 ; 2014 No. 48 s 17 ; 2018 No. 22 s 4\n(sec.23-ssec.1) A customer is a person who is a customer under the NERL (Qld), section 5 (1) .\n(sec.23-ssec.2) A large customer is a person who is a large customer under the NERL (Qld), section 5 (3) .\n(sec.23-ssec.3) A small customer is a person who is a small customer under the NERL (Qld), section 5 (2) .\n(sec.23-ssec.4) An excluded customer is a small customer whose premises are connected, or to be connected, to a distribution entity’s supply network that is not connected to the national grid.","sortOrder":53},{"sectionNumber":"sec.23A","sectionType":"section","heading":null,"content":"### Section sec.23A\n\ns 23A ins 1997 No. 77 s 6\nom 2006 No. 60 s 5","sortOrder":54},{"sectionNumber":"sec.24","sectionType":"section","heading":"Customers authorised to take electricity from transmission grid or supply network","content":"### sec.24 Customers authorised to take electricity from transmission grid or supply network\n\nIf an electricity entity may provide electricity from a transmission grid or supply network to a customer, the customer is taken to be authorised to take electricity from the grid or network.","sortOrder":55},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Generation entities and their authorities","content":"# Generation entities and their authorities","sortOrder":56},{"sectionNumber":"sec.25","sectionType":"section","heading":"Generation entities","content":"### sec.25 Generation entities\n\nA generation entity is a person who holds a generation authority.","sortOrder":57},{"sectionNumber":"sec.26","sectionType":"section","heading":"Generation authorities","content":"### sec.26 Generation authorities\n\nA generation authority authorises its holder to connect the generating plant stated in the authority to the transmission grid or supply network stated in the authority.\nHowever, a generation authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of generating plant.\ns 26 amd 1997 No. 50 s 6 ; 1997 No. 77 s 7 ; 2005 No. 51 s 3 sch ; 2014 No. 48 s 18\n(sec.26-ssec.1) A generation authority authorises its holder to connect the generating plant stated in the authority to the transmission grid or supply network stated in the authority.\n(sec.26-ssec.2) However, a generation authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of generating plant.","sortOrder":58},{"sectionNumber":"sec.27","sectionType":"section","heading":"Conditions of generation authority","content":"### sec.27 Conditions of generation authority\n\nA generation authority is subject to the following conditions—\nthe generation entity must provide electricity of a quality suitable for the transmission grid or supply network stated in the authority;\nthe generation entity must comply with—\nthe technical conditions of connection to a transmission grid or supply network stated in the authority or prescribed under the regulations; and\nif the entity is a Registered participant—the National Electricity Rules; and\nif the entity is connected to the Queensland system—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\nconditions imposed under the regulations; and\nthe condition stated in section 28 ; and\nconditions stated in the authority;\nthe generation entity must properly take into account the environmental effects of its activities under the authority;\nthe generation entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions.\ns 27 amd 1997 No. 50 s 7 ; 1997 No. 77 s 8 ; 2004 No. 51 s 3 sch ; 2005 No. 51 s 3 sch ; 2006 No. 60 s 6\n- (a) the generation entity must provide electricity of a quality suitable for the transmission grid or supply network stated in the authority;\n- (b) the generation entity must comply with— (i) the technical conditions of connection to a transmission grid or supply network stated in the authority or prescribed under the regulations; and (ii) if the entity is a Registered participant—the National Electricity Rules; and (iii) if the entity is connected to the Queensland system—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (iv) conditions imposed under the regulations; and (v) the condition stated in section 28 ; and (vi) conditions stated in the authority;\n- (i) the technical conditions of connection to a transmission grid or supply network stated in the authority or prescribed under the regulations; and\n- (ii) if the entity is a Registered participant—the National Electricity Rules; and\n- (iii) if the entity is connected to the Queensland system—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\n- (iv) conditions imposed under the regulations; and\n- (v) the condition stated in section 28 ; and\n- (vi) conditions stated in the authority;\n- (c) the generation entity must properly take into account the environmental effects of its activities under the authority;\n- (d) the generation entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions.\n- (i) the technical conditions of connection to a transmission grid or supply network stated in the authority or prescribed under the regulations; and\n- (ii) if the entity is a Registered participant—the National Electricity Rules; and\n- (iii) if the entity is connected to the Queensland system—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\n- (iv) conditions imposed under the regulations; and\n- (v) the condition stated in section 28 ; and\n- (vi) conditions stated in the authority;","sortOrder":59},{"sectionNumber":"sec.28","sectionType":"section","heading":"Additional condition to comply with protocols, standards and codes","content":"### sec.28 Additional condition to comply with protocols, standards and codes\n\nIt is also a condition of a generation authority that the generation entity must comply with all protocols, standards and codes applying to the entity under this Act.\ns 28 amd 2004 No. 51 s 3 sch","sortOrder":60},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Transmission entities and their authorities","content":"# Transmission entities and their authorities","sortOrder":61},{"sectionNumber":"sec.29","sectionType":"section","heading":"Transmission entities","content":"### sec.29 Transmission entities\n\nA transmission entity is a person who holds a transmission authority.","sortOrder":62},{"sectionNumber":"sec.30","sectionType":"section","heading":"Transmission authorities","content":"### sec.30 Transmission authorities\n\nA transmission authority authorises its holder—\nto operate the transmission grid stated in the authority; and\nif stated in the authority—to connect the transmission grid to another transmission grid stated in the authority.\nHowever, a transmission authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of a transmission grid.\n(sec.30-ssec.1) A transmission authority authorises its holder— to operate the transmission grid stated in the authority; and if stated in the authority—to connect the transmission grid to another transmission grid stated in the authority.\n(sec.30-ssec.2) However, a transmission authority does not relieve its holder or anyone else from complying with laws applying to the development, building, operation or maintenance of a transmission grid.\n- (a) to operate the transmission grid stated in the authority; and\n- (b) if stated in the authority—to connect the transmission grid to another transmission grid stated in the authority.","sortOrder":63},{"sectionNumber":"sec.31","sectionType":"section","heading":"Conditions of transmission authority","content":"### sec.31 Conditions of transmission authority\n\nA transmission authority is subject to the following conditions—\nthe transmission entity must comply with—\nthe technical conditions of operating the transmission grid stated in the authority or prescribed under the regulations; and\nif the entity is a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\nthe conditions stated in sections 32 , 33 , 34 , 35 and 36 ; and\nconditions imposed under the regulations; and\nconditions stated in the authority;\nthe transmission entity must properly take into account the environmental effects of its activities under the authority;\nthe transmission entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions;\nif the transmission entity is a regulated transmission system operator—the entity must also pay an annual fee that is a proportion of the cost of the State’s funding commitments to national energy market regulation.\nThe fee mentioned in subsection (1) (d) for a transmission entity is calculated based on the length of the electric lines making up the transmission grid operated by the entity.\nIn this section—\nAEMC has the meaning given in the National Electricity (Queensland) Law .\nnational energy market regulation means the functions and powers of the AEMC under the National Electricity (Queensland) Law , section 29 .\nregulated transmission system operator has the meaning given in the National Electricity (Queensland) Law .\ns 31 amd 1997 No. 50 s 8 ; 1997 No. 77 s 9 ; 2004 No. 53 s 2 sch ; 2005 No. 51 s 3 sch ; 2006 No. 60 s 7 ; 2014 No. 31 s 4\n(sec.31-ssec.1) A transmission authority is subject to the following conditions— the transmission entity must comply with— the technical conditions of operating the transmission grid stated in the authority or prescribed under the regulations; and if the entity is a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and the conditions stated in sections 32 , 33 , 34 , 35 and 36 ; and conditions imposed under the regulations; and conditions stated in the authority; the transmission entity must properly take into account the environmental effects of its activities under the authority; the transmission entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions; if the transmission entity is a regulated transmission system operator—the entity must also pay an annual fee that is a proportion of the cost of the State’s funding commitments to national energy market regulation.\n(sec.31-ssec.2) The fee mentioned in subsection (1) (d) for a transmission entity is calculated based on the length of the electric lines making up the transmission grid operated by the entity.\n(sec.31-ssec.3) In this section— AEMC has the meaning given in the National Electricity (Queensland) Law . national energy market regulation means the functions and powers of the AEMC under the National Electricity (Queensland) Law , section 29 . regulated transmission system operator has the meaning given in the National Electricity (Queensland) Law .\n- (a) the transmission entity must comply with— (i) the technical conditions of operating the transmission grid stated in the authority or prescribed under the regulations; and (ii) if the entity is a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (iii) the conditions stated in sections 32 , 33 , 34 , 35 and 36 ; and (iv) conditions imposed under the regulations; and (v) conditions stated in the authority;\n- (i) the technical conditions of operating the transmission grid stated in the authority or prescribed under the regulations; and\n- (ii) if the entity is a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\n- (iii) the conditions stated in sections 32 , 33 , 34 , 35 and 36 ; and\n- (iv) conditions imposed under the regulations; and\n- (v) conditions stated in the authority;\n- (b) the transmission entity must properly take into account the environmental effects of its activities under the authority;\n- (c) the transmission entity must pay the amounts required under the authority or the regulations for administering the authority and its conditions;\n- (d) if the transmission entity is a regulated transmission system operator—the entity must also pay an annual fee that is a proportion of the cost of the State’s funding commitments to national energy market regulation.\n- (i) the technical conditions of operating the transmission grid stated in the authority or prescribed under the regulations; and\n- (ii) if the entity is a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\n- (iii) the conditions stated in sections 32 , 33 , 34 , 35 and 36 ; and\n- (iv) conditions imposed under the regulations; and\n- (v) conditions stated in the authority;","sortOrder":64},{"sectionNumber":"sec.32","sectionType":"section","heading":"Additional condition to allow connection to grid by complying persons","content":"### sec.32 Additional condition to allow connection to grid by complying persons\n\nIt is also a condition of a transmission authority that the transmission entity must allow, as far as technically and economically practicable, a person to connect supply to a transmission grid stated in the authority, or take electricity from the grid, on fair and reasonable terms if the conditions stated in subsection (2) are satisfied.\nThe conditions to be satisfied are as follows—\nthe person must be authorised under this Act to connect supply or take electricity from the transmission grid;\nthe grid must be capable of being used safely to connect supply or take electricity as proposed by the person;\nthe person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the grid;\nthe person must pay the reasonable cost of connection to the grid.\nIn deciding whether the condition mentioned in subsection (2) (b) is satisfied, all relevant matters must be considered, including, for example—\nthe transmission entity’s current obligations; and\nthe current obligations of other persons connected directly or indirectly to the transmission grid; and\nthe grid’s capacity.\ns 32 amd 1997 No. 77 s 10\n(sec.32-ssec.1) It is also a condition of a transmission authority that the transmission entity must allow, as far as technically and economically practicable, a person to connect supply to a transmission grid stated in the authority, or take electricity from the grid, on fair and reasonable terms if the conditions stated in subsection (2) are satisfied.\n(sec.32-ssec.2) The conditions to be satisfied are as follows— the person must be authorised under this Act to connect supply or take electricity from the transmission grid; the grid must be capable of being used safely to connect supply or take electricity as proposed by the person; the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the grid; the person must pay the reasonable cost of connection to the grid.\n(sec.32-ssec.3) In deciding whether the condition mentioned in subsection (2) (b) is satisfied, all relevant matters must be considered, including, for example— the transmission entity’s current obligations; and the current obligations of other persons connected directly or indirectly to the transmission grid; and the grid’s capacity.\n- (a) the person must be authorised under this Act to connect supply or take electricity from the transmission grid;\n- (b) the grid must be capable of being used safely to connect supply or take electricity as proposed by the person;\n- (c) the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the grid;\n- (d) the person must pay the reasonable cost of connection to the grid.\n- (a) the transmission entity’s current obligations; and\n- (b) the current obligations of other persons connected directly or indirectly to the transmission grid; and\n- (c) the grid’s capacity.","sortOrder":65},{"sectionNumber":"sec.33","sectionType":"section","heading":"Additional condition not to buy and sell electricity","content":"### sec.33 Additional condition not to buy and sell electricity\n\nIt is also a condition of a transmission authority held by a transmission entity that operates a regulated transmission grid that the transmission entity must not buy or sell electricity directly or indirectly.\nSubsection (1) does not apply to generating, buying or selling electricity—\nnecessary to operate the transmission entity’s transmission grid or for a purpose associated with the planning, design, construction, maintenance or operation of the transmission grid; or\nfor the entity’s administrative purposes.\nIn this section—\nregulated transmission grid means a transmission grid that is subject to the regulatory arrangements for transmission service pricing under the National Electricity Rules, chapter 6 .\ns 33 sub 1997 No. 77 s 11\n(2)(c) exp 23 May 1998 (see s 33(3))\namd 2003 No. 28 s 5 ; 2005 No. 51 s 3 sch\n(sec.33-ssec.1) It is also a condition of a transmission authority held by a transmission entity that operates a regulated transmission grid that the transmission entity must not buy or sell electricity directly or indirectly.\n(sec.33-ssec.2) Subsection (1) does not apply to generating, buying or selling electricity— necessary to operate the transmission entity’s transmission grid or for a purpose associated with the planning, design, construction, maintenance or operation of the transmission grid; or for the entity’s administrative purposes.\n(sec.33-ssec.3) In this section— regulated transmission grid means a transmission grid that is subject to the regulatory arrangements for transmission service pricing under the National Electricity Rules, chapter 6 .\n- (a) necessary to operate the transmission entity’s transmission grid or for a purpose associated with the planning, design, construction, maintenance or operation of the transmission grid; or\n- (b) for the entity’s administrative purposes.","sortOrder":66},{"sectionNumber":"sec.34","sectionType":"section","heading":"Additional conditions about grid operation etc.","content":"### sec.34 Additional conditions about grid operation etc.\n\nIn addition, a transmission authority is subject to the following conditions—\nthe transmission entity must operate, maintain (including repair and replace if necessary) and protect its transmission grid to ensure the adequate, economic, reliable and safe transmission of electricity;\nthe transmission entity must operate the grid in coordination with transmission grids to which it is connected directly or indirectly.\nUnless otherwise provided in its authority, it is also a condition of the transmission authority that the transmission entity must ensure, as far as technically and economically practicable, that the transmission grid is operated with enough capacity (and, if necessary, augmented or extended to provide enough capacity) to provide network services to persons authorised to connect to the grid or take electricity from the grid.\n(sec.34-ssec.1) In addition, a transmission authority is subject to the following conditions— the transmission entity must operate, maintain (including repair and replace if necessary) and protect its transmission grid to ensure the adequate, economic, reliable and safe transmission of electricity; the transmission entity must operate the grid in coordination with transmission grids to which it is connected directly or indirectly.\n(sec.34-ssec.2) Unless otherwise provided in its authority, it is also a condition of the transmission authority that the transmission entity must ensure, as far as technically and economically practicable, that the transmission grid is operated with enough capacity (and, if necessary, augmented or extended to provide enough capacity) to provide network services to persons authorised to connect to the grid or take electricity from the grid.\n- (a) the transmission entity must operate, maintain (including repair and replace if necessary) and protect its transmission grid to ensure the adequate, economic, reliable and safe transmission of electricity;\n- (b) the transmission entity must operate the grid in coordination with transmission grids to which it is connected directly or indirectly.","sortOrder":67},{"sectionNumber":"sec.35","sectionType":"section","heading":"Additional condition to provide network services","content":"### sec.35 Additional condition to provide network services\n\nIt is also a condition of a transmission authority that the transmission entity must provide, as far as technically and economically practicable for the transmission entity, network services on fair and reasonable terms, for persons authorised to connect supply of electricity to the transmission grid or take electricity from the grid.\ns 35 sub 1997 No. 77 s 12","sortOrder":68},{"sectionNumber":"sec.36","sectionType":"section","heading":"Additional condition to comply with protocols, standards and codes","content":"### sec.36 Additional condition to comply with protocols, standards and codes\n\nIt is also a condition of a transmission authority that the transmission entity must comply with all protocols, standards and codes applying to the entity under this Act.\ns 36 amd 2004 No. 51 s 3 sch","sortOrder":69},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Responsibility for regional system control","content":"### sec.36A Responsibility for regional system control\n\nA transmission entity is responsible for regional system control of its transmission grid.\nHowever, a transmission entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules.\ns 36A ins 1997 No. 77 s 13 ; 2005 No. 51 s 3 sch\n(sec.36A-ssec.1) A transmission entity is responsible for regional system control of its transmission grid.\n(sec.36A-ssec.2) However, a transmission entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules.","sortOrder":70},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Distribution entities and their authorities","content":"# Distribution entities and their authorities","sortOrder":71},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":72},{"sectionNumber":"sec.37","sectionType":"section","heading":"Distribution entities","content":"### sec.37 Distribution entities\n\nA distribution entity is a person who holds a distribution authority.\ns 37 sub 1997 No. 26 s 11","sortOrder":73},{"sectionNumber":"sec.38","sectionType":"section","heading":"Distribution authorities","content":"### sec.38 Distribution authorities\n\nA distribution authority authorises its holder to supply electricity using a supply network within its distribution area.\ns 38 sub 1997 No. 26 s 12","sortOrder":74},{"sectionNumber":"sec.39","sectionType":"section","heading":"Distribution area of distribution entity","content":"### sec.39 Distribution area of distribution entity\n\nA distribution entity’s distribution area is the area stated in its authority as its distribution area.\ns 39 sub 1997 No. 26 s 13","sortOrder":75},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":76},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 sub 1997 No. 26 s 14 ; 1997 No. 77 s 14\namd 2004 No. 51 s 4\nsub 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":77},{"sectionNumber":"sec.40AA","sectionType":"section","heading":null,"content":"### Section sec.40AA\n\ns 40AA ins 1997 No. 26 s 14\nsub 1997 No. 77 s 14\namd 2004 No. 51 s 5\nom 2006 No. 60 s 8","sortOrder":78},{"sectionNumber":"sec.40A","sectionType":"section","heading":null,"content":"### Section sec.40A\n\ns 40A ins 1997 No. 26 s 14\namd 1997 No. 77 s 15\nsub 2004 No. 51 s 6 ; 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":79},{"sectionNumber":"sec.40B","sectionType":"section","heading":null,"content":"### Section sec.40B\n\ns 40B prev s 40B ins 1997 No. 26 s 14\nsub 1997 No. 77 s 16\nom 2004 No. 51 s 6\npres s 40B ins 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":80},{"sectionNumber":"sec.40BA","sectionType":"section","heading":null,"content":"### Section sec.40BA\n\ns 40BA ins 1997 No. 77 s 16\nom 2004 No. 51 s 6","sortOrder":81},{"sectionNumber":"sec.40C","sectionType":"section","heading":null,"content":"### Section sec.40C\n\ns 40C ins 1997 No. 26 s 14\nsub 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":82},{"sectionNumber":"sec.40D","sectionType":"section","heading":null,"content":"### Section sec.40D\n\ns 40D ins 1997 No. 26 s 14\namd 1997 No. 77 s 17 ; 2000 No. 39 s 3\nsub 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":83},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":84},{"sectionNumber":"sec.40DA","sectionType":"section","heading":null,"content":"### Section sec.40DA\n\ns 40DA ins 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":85},{"sectionNumber":"sec.40DB","sectionType":"section","heading":null,"content":"### Section sec.40DB\n\ns 40DB ins 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":86},{"sectionNumber":"sec.40DC","sectionType":"section","heading":null,"content":"### Section sec.40DC\n\ns 40DC ins 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":87},{"sectionNumber":"sec.40DD","sectionType":"section","heading":null,"content":"### Section sec.40DD\n\ns 40DD ins 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":88},{"sectionNumber":"sec.40DE","sectionType":"section","heading":null,"content":"### Section sec.40DE\n\ns 40DE ins 2006 No. 60 s 8\nom 2014 No. 48 s 19","sortOrder":89},{"sectionNumber":"sec.40DF","sectionType":"section","heading":null,"content":"### Section sec.40DF\n\ns 40DF ins 2006 No. 60 s 8\namd 2008 No. 56 s 7\nom 2014 No. 48 s 19","sortOrder":90},{"sectionNumber":"ch.2-pt.5-div.4","sectionType":"division","heading":"Customers’ premises outside of distribution area","content":"## Customers’ premises outside of distribution area","sortOrder":91},{"sectionNumber":"sec.40E","sectionType":"section","heading":null,"content":"### Section sec.40E\n\ns 40E ins 1997 No. 26 s 14\namd 1997 No. 77 s 18 ; 2002 No. 42 s 242 sch 1 ; 2006 No. 60 s 9\nom 2014 No. 48 s 21","sortOrder":92},{"sectionNumber":"sec.40F","sectionType":"section","heading":null,"content":"### Section sec.40F\n\ns 40F ins 1997 No. 26 s 14\nom 2006 No. 60 s 10","sortOrder":93},{"sectionNumber":"sec.40G","sectionType":"section","heading":null,"content":"### Section sec.40G\n\ns 40G ins 1997 No. 26 s 14\namd 2004 No. 51 s 7\nom 2006 No. 60 s 10","sortOrder":94},{"sectionNumber":"sec.40H","sectionType":"section","heading":null,"content":"### Section sec.40H\n\ns 40H ins 1997 No. 26 s 14\namd 1997 No. 77 s 19 ; 2004 No. 51 s 3 sch ; 2009 No. 3 s 449\nom 2014 No. 48 s 21","sortOrder":95},{"sectionNumber":"sec.41","sectionType":"section","heading":"Connection and supply of electricity outside distribution area","content":"### sec.41 Connection and supply of electricity outside distribution area\n\nA distribution entity may, if a customer’s premises are outside the distribution entity’s distribution area—\nconnect the premises to the entity’s supply network; and\nsupply electricity from its supply network to the premises.\nSubsection (1) applies only if the premises—\nare not within another distribution entity’s distribution area; or\nif they are in another distribution entity’s area—\nbut the other distribution entity claims that it is not technically and economically practicable for it to connect and supply electricity to the customer; or\nthe other distribution entity agrees to the connection and supply.\nHowever, the distribution entity may connect and supply electricity to the customer only if the connection and supply is not likely to impair its capacity to fulfil its obligation to connect and supply in its own distribution area.\ns 41 sub 1997 No. 26 s 15\namd 2006 No. 60 s 11\n(sec.41-ssec.1) A distribution entity may, if a customer’s premises are outside the distribution entity’s distribution area— connect the premises to the entity’s supply network; and supply electricity from its supply network to the premises.\n(sec.41-ssec.2) Subsection (1) applies only if the premises— are not within another distribution entity’s distribution area; or if they are in another distribution entity’s area— but the other distribution entity claims that it is not technically and economically practicable for it to connect and supply electricity to the customer; or the other distribution entity agrees to the connection and supply.\n(sec.41-ssec.3) However, the distribution entity may connect and supply electricity to the customer only if the connection and supply is not likely to impair its capacity to fulfil its obligation to connect and supply in its own distribution area.\n- (a) connect the premises to the entity’s supply network; and\n- (b) supply electricity from its supply network to the premises.\n- (a) are not within another distribution entity’s distribution area; or\n- (b) if they are in another distribution entity’s area— (i) but the other distribution entity claims that it is not technically and economically practicable for it to connect and supply electricity to the customer; or (ii) the other distribution entity agrees to the connection and supply.\n- (i) but the other distribution entity claims that it is not technically and economically practicable for it to connect and supply electricity to the customer; or\n- (ii) the other distribution entity agrees to the connection and supply.\n- (i) but the other distribution entity claims that it is not technically and economically practicable for it to connect and supply electricity to the customer; or\n- (ii) the other distribution entity agrees to the connection and supply.","sortOrder":96},{"sectionNumber":"ch.2-pt.5-div.5","sectionType":"division","heading":"Conditions of distribution authorities","content":"## Conditions of distribution authorities","sortOrder":97},{"sectionNumber":"sec.42","sectionType":"section","heading":"Conditions of distribution authority","content":"### sec.42 Conditions of distribution authority\n\nA distribution authority is subject to the following conditions—\nthe distribution entity must comply with—\nif the entity is a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\nthe conditions stated in sections 43 , 44 , 44A and 45 ; and\nconditions imposed under the regulations; and\nconditions stated in the authority;\nthe entity must comply with the NERL (Qld), the National Energy Retail Rules and all directions given to it under the NERL (Qld) or the National Energy Retail Rules;\nthe entity must operate, maintain (including repair and replace as necessary) and protect its supply network to ensure the adequate, economic, reliable and safe connection and supply of electricity to its customers;\nthe entity must properly take into account the environmental effects of its activities;\nthe entity must consider both demand side and supply side options to provide, as far as technically and economically practicable, for the efficient supply of electrical energy;\nthe entity must pay the amounts required under the authority or regulations for administering the authority and its conditions;\nthe entity must pay any amount that, under the Energy and Water Ombudsman Act 2006 , it must pay the energy and water ombudsman.\ns 42 amd 1997 No. 26 s 16 ; 1997 No. 50 s 9 ; 1997 No. 77 s 20 ; 2004 No. 53 s 2 sch ; 2005 No. 51 s 3 sch ; 2006 No. 60 s 12 ; 2010 No. 53 s 258 sch 2 ; 2014 No. 48 s 22\n- (a) the distribution entity must comply with— (i) if the entity is a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (ii) the conditions stated in sections 43 , 44 , 44A and 45 ; and (iii) conditions imposed under the regulations; and (iv) conditions stated in the authority;\n- (i) if the entity is a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\n- (ii) the conditions stated in sections 43 , 44 , 44A and 45 ; and\n- (iii) conditions imposed under the regulations; and\n- (iv) conditions stated in the authority;\n- (b) the entity must comply with the NERL (Qld), the National Energy Retail Rules and all directions given to it under the NERL (Qld) or the National Energy Retail Rules;\n- (c) the entity must operate, maintain (including repair and replace as necessary) and protect its supply network to ensure the adequate, economic, reliable and safe connection and supply of electricity to its customers;\n- (d) the entity must properly take into account the environmental effects of its activities;\n- (e) the entity must consider both demand side and supply side options to provide, as far as technically and economically practicable, for the efficient supply of electrical energy;\n- (f) the entity must pay the amounts required under the authority or regulations for administering the authority and its conditions;\n- (g) the entity must pay any amount that, under the Energy and Water Ombudsman Act 2006 , it must pay the energy and water ombudsman.\n- (i) if the entity is a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\n- (ii) the conditions stated in sections 43 , 44 , 44A and 45 ; and\n- (iii) conditions imposed under the regulations; and\n- (iv) conditions stated in the authority;","sortOrder":98},{"sectionNumber":"sec.43","sectionType":"section","heading":"Additional condition to allow connection to supply network by complying persons","content":"### sec.43 Additional condition to allow connection to supply network by complying persons\n\nIt is also a condition of a distribution authority that the distribution entity must allow, as far as technically and economically practicable for the distribution entity, a person to connect supply to its supply network, or take electricity from its supply network, on fair and reasonable terms, if the conditions stated in subsection (2) are satisfied.\nThe conditions to be satisfied are as follows—\nthe person must be a generation entity, a transmission entity or a distribution entity;\nthe supply network must be capable of being safely used to connect supply or take electricity as proposed by the person;\nthe person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the network;\nthe person must pay the reasonable cost of connection to the network.\nIn deciding whether the condition mentioned in subsection (2) (b) is satisfied, all relevant matters must be considered, including, for example—\nthe distribution entity’s current obligations and its expected future obligations; and\nthe current obligations of other persons connected directly or indirectly to the network; and\nthe network’s capacity.\ns 43 amd 1997 No. 26 s 17 ; 1997 No. 77 s 21\n(sec.43-ssec.1) It is also a condition of a distribution authority that the distribution entity must allow, as far as technically and economically practicable for the distribution entity, a person to connect supply to its supply network, or take electricity from its supply network, on fair and reasonable terms, if the conditions stated in subsection (2) are satisfied.\n(sec.43-ssec.2) The conditions to be satisfied are as follows— the person must be a generation entity, a transmission entity or a distribution entity; the supply network must be capable of being safely used to connect supply or take electricity as proposed by the person; the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the network; the person must pay the reasonable cost of connection to the network.\n(sec.43-ssec.3) In deciding whether the condition mentioned in subsection (2) (b) is satisfied, all relevant matters must be considered, including, for example— the distribution entity’s current obligations and its expected future obligations; and the current obligations of other persons connected directly or indirectly to the network; and the network’s capacity.\n- (a) the person must be a generation entity, a transmission entity or a distribution entity;\n- (b) the supply network must be capable of being safely used to connect supply or take electricity as proposed by the person;\n- (c) the person must have complied with all provisions of the regulations relevant to connecting supply to, or taking electricity from, the network;\n- (d) the person must pay the reasonable cost of connection to the network.\n- (a) the distribution entity’s current obligations and its expected future obligations; and\n- (b) the current obligations of other persons connected directly or indirectly to the network; and\n- (c) the network’s capacity.","sortOrder":99},{"sectionNumber":"sec.44","sectionType":"section","heading":"Additional condition to provide network services","content":"### sec.44 Additional condition to provide network services\n\nIn addition, it is a condition of a distribution authority that the entity must provide, as far as technically and economically practicable, network services, on fair and reasonable terms, for persons authorised to connect supply of electricity to the network or take electricity from the network.\ns 44 amd 1997 No. 26 s 18 ; 1997 No. 77 s 22 ; 2011 No. 29 s 4 (retro)","sortOrder":100},{"sectionNumber":"sec.44A","sectionType":"section","heading":"Additional condition to allow credit for electricity produced by small photovoltaic generators","content":"### sec.44A Additional condition to allow credit for electricity produced by small photovoltaic generators\n\nIt is also a condition of a distribution authority that the distribution entity—\nallow, as far as technically and economically practicable, a qualifying customer for premises to connect 1 qualifying generator at the premises to its supply network; and\ncredit against the charges payable by a qualifying customer, for customer connection services provided to the qualifying customer in a relevant supply period, the amount for each kilowatt hour prescribed under a regulation (a prescribed credit amount ) for electricity that is, at any instant in the relevant supply period—\nbeing produced by the qualifying generator when connected to the distribution entity’s supply network; and\nbeing supplied to the network; and\nin excess of the amount of electricity being used by the qualifying customer, not including electricity supplied through a circuit controlled by the distribution entity; and\na remotely switched circuit used for off-peak supply of hot water\ngive the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating the following—\nthe number of qualifying customers who have connected a qualifying generator to the network under paragraph (a) in the previous 6 months;\nthe number of qualifying customers who, at the end of the previous 6 months, had a qualifying generator connected to the network;\nthe number of qualifying customers who stopped being credited with a prescribed credit amount under paragraph (b) in the previous 6 months;\nthe number of qualifying customers who, at the end of the previous 6 months, had stopped being credited with a prescribed credit amount under paragraph (b) ;\nfor each retailer—the total amount of credit given by the distribution entity to the retailer in relation to qualifying customers receiving credit under paragraph (b) in the previous 6 months;\nthe amount of electricity supplied to the network in the previous 6 months for which credit was given under paragraph (b) ;\nthe total generation capacity of all qualifying generators connected to the network.\nHowever, the condition mentioned in subsection (1) (b) stops applying in relation to a qualifying customer if—\nthe maximum output of the component of the customer’s qualifying generator that generates electricity exceeds, in aggregate, the approved total rated inverter capacity of the generator; or\nthe customer installs an electricity storage device, as part of the electrical installation supplied by the customer’s qualifying generator, in a way that enables the device to supply electricity to—\nthe electrical installation at the same time as the qualifying generator, other than during a supply interruption; or\nthe distribution entity’s supply network; or\nthe customer installs 1 or more generators (each an additional generator ) as part of the electrical installation supplied by the customer’s qualifying generator in a way that enables the additional generator to supply electricity to—\nthe electrical installation at the same time as the qualifying generator, other than during a supply interruption; or\nthe distribution entity’s supply network.\nIf, because of the operation of subsection (1A) , a qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (1) (b) , that subsection no longer applies to the distribution entity in relation to that customer.\nA regulation may prescribe—\nthe circumstances in which a category of qualifying customer is entitled, or stops being entitled, to be credited with a prescribed credit amount under subsection (1) (b) for the category of qualifying customer; and\nthe day, not later than 1 July 2028, at the end of which subsection (1) (b) stops applying, in any event, for a particular category of qualifying customer.\nIf a category of qualifying customer becomes entitled to be credited with a prescribed credit amount under subsection (2) (a) , the distribution authority is subject to the condition mentioned in subsection (1) (b) .\nIf a category of qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (2) (a) , the condition, under subsection (1) (b) , of the distribution authority about crediting a prescribed credit amount also stops to the extent the prescribed credit amount is for the category.\nThis section expires on 1 July 2028.\nIn this section—\napproved total rated inverter capacity , of a customer’s qualifying generator, means the total rated inverter capacity of the generator approved by the distribution entity for the purposes of complying with the condition mentioned in subsection (1) (b) .\nelectricity storage device means a device capable of storing energy and releasing the energy as electricity.\nsupply interruption means an interruption in the supply, by a distribution entity through the entity’s supply network, of electricity to a qualifying customer’s electrical installation.\ns 44A ins 2008 No. 33 s 52\namd 2011 No. 29 s 4 (retro)\nsub 2012 No. 29 s 4\namd 2014 No. 48 s 23 ; 2018 No. 22 s 5 (retro)\nexp 1 July 2028 (see s 44A(5))\n(sec.44A-ssec.1) It is also a condition of a distribution authority that the distribution entity— allow, as far as technically and economically practicable, a qualifying customer for premises to connect 1 qualifying generator at the premises to its supply network; and credit against the charges payable by a qualifying customer, for customer connection services provided to the qualifying customer in a relevant supply period, the amount for each kilowatt hour prescribed under a regulation (a prescribed credit amount ) for electricity that is, at any instant in the relevant supply period— being produced by the qualifying generator when connected to the distribution entity’s supply network; and being supplied to the network; and in excess of the amount of electricity being used by the qualifying customer, not including electricity supplied through a circuit controlled by the distribution entity; and a remotely switched circuit used for off-peak supply of hot water give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating the following— the number of qualifying customers who have connected a qualifying generator to the network under paragraph (a) in the previous 6 months; the number of qualifying customers who, at the end of the previous 6 months, had a qualifying generator connected to the network; the number of qualifying customers who stopped being credited with a prescribed credit amount under paragraph (b) in the previous 6 months; the number of qualifying customers who, at the end of the previous 6 months, had stopped being credited with a prescribed credit amount under paragraph (b) ; for each retailer—the total amount of credit given by the distribution entity to the retailer in relation to qualifying customers receiving credit under paragraph (b) in the previous 6 months; the amount of electricity supplied to the network in the previous 6 months for which credit was given under paragraph (b) ; the total generation capacity of all qualifying generators connected to the network.\n(sec.44A-ssec.1A) However, the condition mentioned in subsection (1) (b) stops applying in relation to a qualifying customer if— the maximum output of the component of the customer’s qualifying generator that generates electricity exceeds, in aggregate, the approved total rated inverter capacity of the generator; or the customer installs an electricity storage device, as part of the electrical installation supplied by the customer’s qualifying generator, in a way that enables the device to supply electricity to— the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or the distribution entity’s supply network; or the customer installs 1 or more generators (each an additional generator ) as part of the electrical installation supplied by the customer’s qualifying generator in a way that enables the additional generator to supply electricity to— the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or the distribution entity’s supply network.\n(sec.44A-ssec.1B) If, because of the operation of subsection (1A) , a qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (1) (b) , that subsection no longer applies to the distribution entity in relation to that customer.\n(sec.44A-ssec.2) A regulation may prescribe— the circumstances in which a category of qualifying customer is entitled, or stops being entitled, to be credited with a prescribed credit amount under subsection (1) (b) for the category of qualifying customer; and the day, not later than 1 July 2028, at the end of which subsection (1) (b) stops applying, in any event, for a particular category of qualifying customer.\n(sec.44A-ssec.3) If a category of qualifying customer becomes entitled to be credited with a prescribed credit amount under subsection (2) (a) , the distribution authority is subject to the condition mentioned in subsection (1) (b) .\n(sec.44A-ssec.4) If a category of qualifying customer stops being entitled to be credited with a prescribed credit amount under subsection (2) (a) , the condition, under subsection (1) (b) , of the distribution authority about crediting a prescribed credit amount also stops to the extent the prescribed credit amount is for the category.\n(sec.44A-ssec.5) This section expires on 1 July 2028.\n(sec.44A-ssec.6) In this section— approved total rated inverter capacity , of a customer’s qualifying generator, means the total rated inverter capacity of the generator approved by the distribution entity for the purposes of complying with the condition mentioned in subsection (1) (b) . electricity storage device means a device capable of storing energy and releasing the energy as electricity. supply interruption means an interruption in the supply, by a distribution entity through the entity’s supply network, of electricity to a qualifying customer’s electrical installation.\n- (a) allow, as far as technically and economically practicable, a qualifying customer for premises to connect 1 qualifying generator at the premises to its supply network; and\n- (b) credit against the charges payable by a qualifying customer, for customer connection services provided to the qualifying customer in a relevant supply period, the amount for each kilowatt hour prescribed under a regulation (a prescribed credit amount ) for electricity that is, at any instant in the relevant supply period— (i) being produced by the qualifying generator when connected to the distribution entity’s supply network; and (ii) being supplied to the network; and (iii) in excess of the amount of electricity being used by the qualifying customer, not including electricity supplied through a circuit controlled by the distribution entity; and Example of a circuit controlled by the distribution entity— a remotely switched circuit used for off-peak supply of hot water\n- (i) being produced by the qualifying generator when connected to the distribution entity’s supply network; and\n- (ii) being supplied to the network; and\n- (iii) in excess of the amount of electricity being used by the qualifying customer, not including electricity supplied through a circuit controlled by the distribution entity; and Example of a circuit controlled by the distribution entity— a remotely switched circuit used for off-peak supply of hot water\n- (c) give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating the following— (i) the number of qualifying customers who have connected a qualifying generator to the network under paragraph (a) in the previous 6 months; (ii) the number of qualifying customers who, at the end of the previous 6 months, had a qualifying generator connected to the network; (iii) the number of qualifying customers who stopped being credited with a prescribed credit amount under paragraph (b) in the previous 6 months; (iv) the number of qualifying customers who, at the end of the previous 6 months, had stopped being credited with a prescribed credit amount under paragraph (b) ; (v) for each retailer—the total amount of credit given by the distribution entity to the retailer in relation to qualifying customers receiving credit under paragraph (b) in the previous 6 months; (vi) the amount of electricity supplied to the network in the previous 6 months for which credit was given under paragraph (b) ; (vii) the total generation capacity of all qualifying generators connected to the network.\n- (i) the number of qualifying customers who have connected a qualifying generator to the network under paragraph (a) in the previous 6 months;\n- (ii) the number of qualifying customers who, at the end of the previous 6 months, had a qualifying generator connected to the network;\n- (iii) the number of qualifying customers who stopped being credited with a prescribed credit amount under paragraph (b) in the previous 6 months;\n- (iv) the number of qualifying customers who, at the end of the previous 6 months, had stopped being credited with a prescribed credit amount under paragraph (b) ;\n- (v) for each retailer—the total amount of credit given by the distribution entity to the retailer in relation to qualifying customers receiving credit under paragraph (b) in the previous 6 months;\n- (vi) the amount of electricity supplied to the network in the previous 6 months for which credit was given under paragraph (b) ;\n- (vii) the total generation capacity of all qualifying generators connected to the network.\n- (i) being produced by the qualifying generator when connected to the distribution entity’s supply network; and\n- (ii) being supplied to the network; and\n- (iii) in excess of the amount of electricity being used by the qualifying customer, not including electricity supplied through a circuit controlled by the distribution entity; and Example of a circuit controlled by the distribution entity— a remotely switched circuit used for off-peak supply of hot water\n- (i) the number of qualifying customers who have connected a qualifying generator to the network under paragraph (a) in the previous 6 months;\n- (ii) the number of qualifying customers who, at the end of the previous 6 months, had a qualifying generator connected to the network;\n- (iii) the number of qualifying customers who stopped being credited with a prescribed credit amount under paragraph (b) in the previous 6 months;\n- (iv) the number of qualifying customers who, at the end of the previous 6 months, had stopped being credited with a prescribed credit amount under paragraph (b) ;\n- (v) for each retailer—the total amount of credit given by the distribution entity to the retailer in relation to qualifying customers receiving credit under paragraph (b) in the previous 6 months;\n- (vi) the amount of electricity supplied to the network in the previous 6 months for which credit was given under paragraph (b) ;\n- (vii) the total generation capacity of all qualifying generators connected to the network.\n- (a) the maximum output of the component of the customer’s qualifying generator that generates electricity exceeds, in aggregate, the approved total rated inverter capacity of the generator; or\n- (b) the customer installs an electricity storage device, as part of the electrical installation supplied by the customer’s qualifying generator, in a way that enables the device to supply electricity to— (i) the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or (ii) the distribution entity’s supply network; or\n- (i) the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or\n- (ii) the distribution entity’s supply network; or\n- (c) the customer installs 1 or more generators (each an additional generator ) as part of the electrical installation supplied by the customer’s qualifying generator in a way that enables the additional generator to supply electricity to— (i) the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or (ii) the distribution entity’s supply network.\n- (i) the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or\n- (ii) the distribution entity’s supply network.\n- (i) the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or\n- (ii) the distribution entity’s supply network; or\n- (i) the electrical installation at the same time as the qualifying generator, other than during a supply interruption; or\n- (ii) the distribution entity’s supply network.\n- (a) the circumstances in which a category of qualifying customer is entitled, or stops being entitled, to be credited with a prescribed credit amount under subsection (1) (b) for the category of qualifying customer; and\n- (b) the day, not later than 1 July 2028, at the end of which subsection (1) (b) stops applying, in any event, for a particular category of qualifying customer.","sortOrder":101},{"sectionNumber":"sec.45","sectionType":"section","heading":"Additional condition to comply with protocols, standards and codes","content":"### sec.45 Additional condition to comply with protocols, standards and codes\n\nIt is also a condition of a distribution authority that the distribution entity must comply with all protocols, standards and codes applying to the entity under this Act.\ns 45 amd 1997 No. 26 s 19 ; 2004 No. 51 s 3 sch","sortOrder":102},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Responsibility for network control","content":"### sec.45A Responsibility for network control\n\nA distribution entity is responsible for network control of its supply network.\nHowever, a distribution entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules.\ns 45A ins 1997 No. 77 s 23 ; 2005 No. 51 s 3 sch\n(sec.45A-ssec.1) A distribution entity is responsible for network control of its supply network.\n(sec.45A-ssec.2) However, a distribution entity is subject to directions given to it under the National Electricity (Queensland) Law or the National Electricity Rules.","sortOrder":103},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Retailers","content":"# Retailers","sortOrder":104},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 sub 1997 No. 26 s 20\nom 2014 No. 48 s 25","sortOrder":105},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 sub 1997 No. 26 s 20 ; 1997 No. 77 s 24\nom 2014 No. 48 s 25","sortOrder":106},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 sub 1997 No. 26 s 20 ; 1997 No. 77 s 24\namd 2006 No. 42 s 67\nsub 2006 No. 60 s 13\nom 2014 No. 48 s 25","sortOrder":107},{"sectionNumber":"sec.48A","sectionType":"section","heading":null,"content":"### Section sec.48A\n\ns 48A ins 1997 No. 77 s 24\nsub 2006 No. 60 s 13 (amd 2007 No. 17 s 39 (1) – (3) )\nom 2014 No. 48 s 25","sortOrder":108},{"sectionNumber":"sec.48B","sectionType":"section","heading":null,"content":"### Section sec.48B\n\ns 48B ins 1997 No. 77 s 24\nsub 2006 No. 60 s 13 (amd 2007 No. 17 s 39 (4) – (5) )\nom 2014 No. 48 s 25","sortOrder":109},{"sectionNumber":"sec.48C","sectionType":"section","heading":null,"content":"### Section sec.48C\n\ns 48C ins 2006 No. 60 s 13 (amd 2007 No. 17 s 39 (6) )\nom 2014 No. 48 s 26","sortOrder":110},{"sectionNumber":"sec.48D","sectionType":"section","heading":null,"content":"### Section sec.48D\n\ns 48D ins 2006 No. 60 s 13 (amd 2007 No. 17 s 39 (7) – (10) )\namd 2008 No. 56 s 8\nom 2014 No. 48 s 26","sortOrder":111},{"sectionNumber":"sec.48E","sectionType":"section","heading":null,"content":"### Section sec.48E\n\ns 48E ins 2006 No. 60 s 13 (amd 2007 No. 17 s 39 (11) – (12) )\namd 2010 No. 17 s 36\nom 2014 No. 48 s 26","sortOrder":112},{"sectionNumber":"sec.48F","sectionType":"section","heading":null,"content":"### Section sec.48F\n\ns 48F ins 2006 No. 60 s 13\nom 2014 No. 48 s 26","sortOrder":113},{"sectionNumber":"sec.48G","sectionType":"section","heading":null,"content":"### Section sec.48G\n\ns 48G ins 2006 No. 60 s 13\nom 2014 No. 48 s 26","sortOrder":114},{"sectionNumber":"sec.48H","sectionType":"section","heading":null,"content":"### Section sec.48H\n\ns 48H ins 2006 No. 60 s 13\nom 2014 No. 48 s 26","sortOrder":115},{"sectionNumber":"sec.48I","sectionType":"section","heading":null,"content":"### Section sec.48I\n\ns 48I ins 2006 No. 60 s 13\nom 2014 No. 48 s 26","sortOrder":116},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 sub 1997 No. 26 s 20 ; 1997 No. 77 s 24\namd 2004 No. 51 s 8\nsub 2006 No. 60 s 13\namd 2008 No. 56 s 9\nom 2014 No. 48 s 26","sortOrder":117},{"sectionNumber":"sec.49A","sectionType":"section","heading":null,"content":"### Section sec.49A\n\ns 49A ins 1997 No. 77 s 24\namd 2004 No. 51 s 9\nom 2006 No. 60 s 13","sortOrder":118},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 sub 1997 No. 26 s 20\namd 1997 No. 77 s 25\nsub 2004 No. 51 s 10 ; 2006 No. 60 s 13 (amd 2007 No. 17 s 39 (13) )\nom 2014 No. 48 s 26","sortOrder":119},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 prev s 51 sub 1997 No. 26 s 20 ; 1997 No. 77 s 26\nom 2004 No. 51 s 10\npres s 51 ins 2006 No. 60 s 13\namd 2008 No. 56 s 10\nom 2014 No. 48 s 26","sortOrder":120},{"sectionNumber":"sec.51A","sectionType":"section","heading":null,"content":"### Section sec.51A\n\ns 51A ins 1997 No. 77 s 26\nom 2004 No. 51 s 11","sortOrder":121},{"sectionNumber":"sec.51AA","sectionType":"section","heading":null,"content":"### Section sec.51AA\n\ns 51AA ins 2000 No. 20 s 29 sch 3\namd 2004 No. 51 s 3 sch\nom 2006 No. 60 s 13","sortOrder":122},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 sub 1997 No. 26 s 20 ; 1997 No. 77 s 27 ; 2006 No. 60 s 13\nom 2014 No. 48 s 26","sortOrder":123},{"sectionNumber":"sec.52A","sectionType":"section","heading":null,"content":"### Section sec.52A\n\ns 52A ins 1997 No. 77 s 27\nom 2006 No. 60 s 13","sortOrder":124},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 sub 1997 No. 26 s 20 ; 2002 No. 42 s 242 sch 1\namd 2004 No. 51 s 3 sch\nsub 2006 No. 60 s 13\namd 2008 No. 56 s 11 ; 2009 No. 3 s 450\nom 2014 No. 48 s 26","sortOrder":125},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 sub 1997 No. 26 s 20\namd 2004 No. 51 s 3 sch\nsub 2006 No. 60 s 13 (amd 2007 No. 17 s 39 (14) )\namd 2008 No. 56 s 12 (1) (amdt could not be given effect), (2)–(3)\nom 2014 No. 48 s 26","sortOrder":126},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 sub 1997 No. 26 s 20\namd 2004 No. 51 s 3 sch\nsub 2006 No. 60 s 13\nom 2014 No. 48 s 26","sortOrder":127},{"sectionNumber":"sec.55A","sectionType":"section","heading":null,"content":"### Section sec.55A\n\ns 55A ins 1997 No. 26 s 20\namd 1997 No. 77 s 28\nsub 2006 No. 60 s 13\namd 2012 No. 15 s 3\nom 2014 No. 48 s 26","sortOrder":128},{"sectionNumber":"sec.55B","sectionType":"section","heading":null,"content":"### Section sec.55B\n\ns 55B ins 1997 No. 26 s 20\namd 1997 No. 77 s 29 ; 2004 No. 51 s 12\nsub 2006 No. 60 s 13\nom 2014 No. 48 s 26","sortOrder":129},{"sectionNumber":"sec.55C","sectionType":"section","heading":null,"content":"### Section sec.55C\n\ns 55C ins 1997 No. 26 s 20\nsub 2004 No. 51 s 13 ; 2006 No. 60 s 13\nom 2014 No. 48 s 26","sortOrder":130},{"sectionNumber":"sec.55CA","sectionType":"section","heading":null,"content":"### Section sec.55CA\n\ns 55CA ins 2012 No. 15 s 4\nom 2014 No. 48 s 26","sortOrder":131},{"sectionNumber":"sec.55D","sectionType":"section","heading":null,"content":"### Section sec.55D\n\ns 55D ins 1997 No. 26 s 20\namd 1997 No. 50 s 10 ; 1997 No. 77 s 30 ; 2005 No. 51 s 3 sch ; 2006 No. 60 s 14 ; 2010 No. 53 s 258 sch 2 ; 2012 No. 8 s 33 ; 2014 No. 31 s 6\nom 2014 No. 48 s 27","sortOrder":132},{"sectionNumber":"sec.55DA","sectionType":"section","heading":"Retailer must enter into community services agreement","content":"### sec.55DA Retailer must enter into community services agreement\n\nA retailer must not provide a customer retail service unless the retailer—\nenters into an agreement with the State to provide, for at least 5 years, the community services—\nagreed between the State and the retailer; or\nfailing agreement, as decided by the Minister; and\npensioner rebate and drought relief schemes for customer retail services\ncomplies with the agreement.\nIn making a decision under subsection (1) (a) (ii) , the Minister must have regard to the retailer’s reasonable administration costs and other risks in providing the community services.\ns 55DA ins 2006 No. 60 s 15\namd 2011 No. 20 s 38\nsub 2014 No. 48 s 28\n(sec.55DA-ssec.1) A retailer must not provide a customer retail service unless the retailer— enters into an agreement with the State to provide, for at least 5 years, the community services— agreed between the State and the retailer; or failing agreement, as decided by the Minister; and pensioner rebate and drought relief schemes for customer retail services complies with the agreement.\n(sec.55DA-ssec.2) In making a decision under subsection (1) (a) (ii) , the Minister must have regard to the retailer’s reasonable administration costs and other risks in providing the community services.\n- (a) enters into an agreement with the State to provide, for at least 5 years, the community services— (i) agreed between the State and the retailer; or (ii) failing agreement, as decided by the Minister; and Examples of community services— pensioner rebate and drought relief schemes for customer retail services\n- (i) agreed between the State and the retailer; or\n- (ii) failing agreement, as decided by the Minister; and\n- (b) complies with the agreement.\n- (i) agreed between the State and the retailer; or\n- (ii) failing agreement, as decided by the Minister; and","sortOrder":133},{"sectionNumber":"sec.55DB","sectionType":"section","heading":"Electricity produced by qualifying generator","content":"### sec.55DB Electricity produced by qualifying generator\n\nA retailer must—\nreduce the amount payable by a qualifying customer (the amount due ), for electricity supplied to the qualifying customer in a relevant supply period, by the amount of any credit ( owed credit ) given by a distribution entity in relation to the qualifying customer for the relevant supply period under section 44A (1) (b) ; and\nif the owed credit is more than the amount due for the relevant supply period (the first period )—\nreduce the amount due for a subsequent relevant supply period by the unused amount of the owed credit; and\nif, after the end of 12 months after the end of the first period, an amount of the owed credit has not been used under subparagraph (i) —pay the qualifying customer an amount representing the amount of owed credit that has not been used; and\ngive the qualifying customer the following information for each relevant supply period—\nthe amount of electricity supplied by the qualifying customer to the distribution entity’s network for which credit was given under section 44A (1) (b) ;\nthe amount to be credited to the qualifying customer under section 44A (1) (b) ; and\ngive the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating—\nthe number of qualifying customers receiving credit under section 44A (1) (b) in the previous 6 month period; and\nthe amount credited to qualifying customers under section 44A (1) (b) in the previous 6 month period.\nThis section expires on 1 July 2028.\ns 55DB ins 2008 No. 33 s 53\namd 2012 No. 29 s 5 ; 2014 No. 31 s 7 ; 2014 No. 48 s 29\nexp 1 July 2028 (see s 55DB(2))\n(sec.55DB-ssec.1) A retailer must— reduce the amount payable by a qualifying customer (the amount due ), for electricity supplied to the qualifying customer in a relevant supply period, by the amount of any credit ( owed credit ) given by a distribution entity in relation to the qualifying customer for the relevant supply period under section 44A (1) (b) ; and if the owed credit is more than the amount due for the relevant supply period (the first period )— reduce the amount due for a subsequent relevant supply period by the unused amount of the owed credit; and if, after the end of 12 months after the end of the first period, an amount of the owed credit has not been used under subparagraph (i) —pay the qualifying customer an amount representing the amount of owed credit that has not been used; and give the qualifying customer the following information for each relevant supply period— the amount of electricity supplied by the qualifying customer to the distribution entity’s network for which credit was given under section 44A (1) (b) ; the amount to be credited to the qualifying customer under section 44A (1) (b) ; and give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating— the number of qualifying customers receiving credit under section 44A (1) (b) in the previous 6 month period; and the amount credited to qualifying customers under section 44A (1) (b) in the previous 6 month period.\n(sec.55DB-ssec.2) This section expires on 1 July 2028.\n- (a) reduce the amount payable by a qualifying customer (the amount due ), for electricity supplied to the qualifying customer in a relevant supply period, by the amount of any credit ( owed credit ) given by a distribution entity in relation to the qualifying customer for the relevant supply period under section 44A (1) (b) ; and\n- (b) if the owed credit is more than the amount due for the relevant supply period (the first period )— (i) reduce the amount due for a subsequent relevant supply period by the unused amount of the owed credit; and (ii) if, after the end of 12 months after the end of the first period, an amount of the owed credit has not been used under subparagraph (i) —pay the qualifying customer an amount representing the amount of owed credit that has not been used; and\n- (i) reduce the amount due for a subsequent relevant supply period by the unused amount of the owed credit; and\n- (ii) if, after the end of 12 months after the end of the first period, an amount of the owed credit has not been used under subparagraph (i) —pay the qualifying customer an amount representing the amount of owed credit that has not been used; and\n- (c) give the qualifying customer the following information for each relevant supply period— (i) the amount of electricity supplied by the qualifying customer to the distribution entity’s network for which credit was given under section 44A (1) (b) ; (ii) the amount to be credited to the qualifying customer under section 44A (1) (b) ; and\n- (i) the amount of electricity supplied by the qualifying customer to the distribution entity’s network for which credit was given under section 44A (1) (b) ;\n- (ii) the amount to be credited to the qualifying customer under section 44A (1) (b) ; and\n- (d) give the regulator a report, for each prescribed credit amount, within 28 days after 30 June and 31 December each year, stating— (i) the number of qualifying customers receiving credit under section 44A (1) (b) in the previous 6 month period; and (ii) the amount credited to qualifying customers under section 44A (1) (b) in the previous 6 month period.\n- (i) the number of qualifying customers receiving credit under section 44A (1) (b) in the previous 6 month period; and\n- (ii) the amount credited to qualifying customers under section 44A (1) (b) in the previous 6 month period.\n- (i) reduce the amount due for a subsequent relevant supply period by the unused amount of the owed credit; and\n- (ii) if, after the end of 12 months after the end of the first period, an amount of the owed credit has not been used under subparagraph (i) —pay the qualifying customer an amount representing the amount of owed credit that has not been used; and\n- (i) the amount of electricity supplied by the qualifying customer to the distribution entity’s network for which credit was given under section 44A (1) (b) ;\n- (ii) the amount to be credited to the qualifying customer under section 44A (1) (b) ; and\n- (i) the number of qualifying customers receiving credit under section 44A (1) (b) in the previous 6 month period; and\n- (ii) the amount credited to qualifying customers under section 44A (1) (b) in the previous 6 month period.","sortOrder":134},{"sectionNumber":"sec.55DBA","sectionType":"section","heading":"Electricity produced by small photovoltaic generator","content":"### sec.55DBA Electricity produced by small photovoltaic generator\n\nThis section applies if—\na prescribed retailer provides customer retail services to a relevant qualifying customer’s premises; and\nthe relevant qualifying customer is not entitled to receive an amount for electricity mentioned in section 44A (1) (b) in relation to the premises.\nA relevant qualifying customer may be entitled to receive an amount for electricity mentioned in section 44A (1) (b) in relation to the premises under section 44A as it continues to apply under section 328 .\nThe prescribed retailer must—\nreduce the charges payable by the customer, for electricity supplied to the customer in the relevant supply period, by the feed-in tariff amount; and\nif the feed-in tariff amount is more than the charges payable for the relevant supply period (the first period )—\nreduce the charges payable for a subsequent relevant supply period by the unused amount of the feed-in tariff amount; and\nif, after the end of 12 months after the end of the first period, an amount of the feed-in tariff amount has not been used under subparagraph (i) —pay the customer the unused amount of the feed-in tariff amount; and\ngive the customer the following information for each relevant supply period—\nthe amount of electricity supplied by the customer to the supply network;\nthe feed-in tariff amount.\nIn this section—\nfeed-in tariff amount means the amount worked out by multiplying the feed-in tariff decided under chapter 4 , part 2A by the number of kilowatt hours of electricity that is, at any instant in the relevant supply period—\nproduced by 1 small photovoltaic generator connected at the relevant qualifying customer’s premises to a supply network; and\nsupplied to the network.\ns 55DBA ins 2014 No. 31 s 8\namd 2014 No. 48 s 29A\n(sec.55DBA-ssec.1) This section applies if— a prescribed retailer provides customer retail services to a relevant qualifying customer’s premises; and the relevant qualifying customer is not entitled to receive an amount for electricity mentioned in section 44A (1) (b) in relation to the premises. A relevant qualifying customer may be entitled to receive an amount for electricity mentioned in section 44A (1) (b) in relation to the premises under section 44A as it continues to apply under section 328 .\n(sec.55DBA-ssec.2) The prescribed retailer must— reduce the charges payable by the customer, for electricity supplied to the customer in the relevant supply period, by the feed-in tariff amount; and if the feed-in tariff amount is more than the charges payable for the relevant supply period (the first period )— reduce the charges payable for a subsequent relevant supply period by the unused amount of the feed-in tariff amount; and if, after the end of 12 months after the end of the first period, an amount of the feed-in tariff amount has not been used under subparagraph (i) —pay the customer the unused amount of the feed-in tariff amount; and give the customer the following information for each relevant supply period— the amount of electricity supplied by the customer to the supply network; the feed-in tariff amount.\n(sec.55DBA-ssec.3) In this section— feed-in tariff amount means the amount worked out by multiplying the feed-in tariff decided under chapter 4 , part 2A by the number of kilowatt hours of electricity that is, at any instant in the relevant supply period— produced by 1 small photovoltaic generator connected at the relevant qualifying customer’s premises to a supply network; and supplied to the network.\n- (a) a prescribed retailer provides customer retail services to a relevant qualifying customer’s premises; and\n- (b) the relevant qualifying customer is not entitled to receive an amount for electricity mentioned in section 44A (1) (b) in relation to the premises. Note— A relevant qualifying customer may be entitled to receive an amount for electricity mentioned in section 44A (1) (b) in relation to the premises under section 44A as it continues to apply under section 328 .\n- (a) reduce the charges payable by the customer, for electricity supplied to the customer in the relevant supply period, by the feed-in tariff amount; and\n- (b) if the feed-in tariff amount is more than the charges payable for the relevant supply period (the first period )— (i) reduce the charges payable for a subsequent relevant supply period by the unused amount of the feed-in tariff amount; and (ii) if, after the end of 12 months after the end of the first period, an amount of the feed-in tariff amount has not been used under subparagraph (i) —pay the customer the unused amount of the feed-in tariff amount; and\n- (i) reduce the charges payable for a subsequent relevant supply period by the unused amount of the feed-in tariff amount; and\n- (ii) if, after the end of 12 months after the end of the first period, an amount of the feed-in tariff amount has not been used under subparagraph (i) —pay the customer the unused amount of the feed-in tariff amount; and\n- (c) give the customer the following information for each relevant supply period— (i) the amount of electricity supplied by the customer to the supply network; (ii) the feed-in tariff amount.\n- (i) the amount of electricity supplied by the customer to the supply network;\n- (ii) the feed-in tariff amount.\n- (i) reduce the charges payable for a subsequent relevant supply period by the unused amount of the feed-in tariff amount; and\n- (ii) if, after the end of 12 months after the end of the first period, an amount of the feed-in tariff amount has not been used under subparagraph (i) —pay the customer the unused amount of the feed-in tariff amount; and\n- (i) the amount of electricity supplied by the customer to the supply network;\n- (ii) the feed-in tariff amount.\n- (a) produced by 1 small photovoltaic generator connected at the relevant qualifying customer’s premises to a supply network; and\n- (b) supplied to the network.","sortOrder":135},{"sectionNumber":"sec.55DC","sectionType":"section","heading":null,"content":"### Section sec.55DC\n\ns 55DC ins 2010 No. 17 s 37\nom 2014 No. 48 s 30","sortOrder":136},{"sectionNumber":"sec.55E","sectionType":"section","heading":null,"content":"### Section sec.55E\n\ns 55E ins 1997 No. 26 s 20\namd 2004 No. 51 s 3 sch\nom 2014 No. 48 s 30","sortOrder":137},{"sectionNumber":"sec.55F","sectionType":"section","heading":null,"content":"### Section sec.55F\n\ns 55F ins 2003 No. 34 s 168\nom 2011 No. 20 s 39","sortOrder":138},{"sectionNumber":"sec.55GA","sectionType":"section","heading":null,"content":"### Section sec.55GA\n\ns 55GA ins 2012 No. 8 s 34\namd 2012 No. 15 s 5\nom 2014 No. 48 s 31","sortOrder":139},{"sectionNumber":"sec.55G","sectionType":"section","heading":null,"content":"### Section sec.55G\n\ns 55G ins 2006 No. 60 s 16 (amd 2007 No. 17 s 40 )\namd 2008 No. 33 s 54 ; 2014 No. 31 s 9\nom 2014 No. 48 s 32","sortOrder":140},{"sectionNumber":"ch.2-pt.6A","sectionType":"part","heading":"Coordination agreements between distribution and retail entities","content":"# Coordination agreements between distribution and retail entities","sortOrder":141},{"sectionNumber":"sec.55H","sectionType":"section","heading":"Negotiation of coordination agreement","content":"### sec.55H Negotiation of coordination agreement\n\nA distribution entity and a retailer may enter into a written agreement about protocols under which they agree to help each other perform their functions under—\nthis Act or another Act or law relating to electricity that applies in the State; or\na procedure or protocol made under an Act or law mentioned in paragraph (a) .\nThe agreement may be different from the coordination agreement provided for under a distribution network code.\ns 55H ins 2006 No. 60 s 16\namd 2014 No. 48 ss 33 , 183 sch 1\n(sec.55H-ssec.1) A distribution entity and a retailer may enter into a written agreement about protocols under which they agree to help each other perform their functions under— this Act or another Act or law relating to electricity that applies in the State; or a procedure or protocol made under an Act or law mentioned in paragraph (a) .\n(sec.55H-ssec.2) The agreement may be different from the coordination agreement provided for under a distribution network code.\n- (a) this Act or another Act or law relating to electricity that applies in the State; or\n- (b) a procedure or protocol made under an Act or law mentioned in paragraph (a) .","sortOrder":142},{"sectionNumber":"sec.55I","sectionType":"section","heading":"Standard coordination agreement","content":"### sec.55I Standard coordination agreement\n\nThis section applies if—\na distribution entity and a retailer have common customers; and\nan agreement under section 55H is not in force between the entities.\nThe entity and retailer are taken to have entered into an agreement on the terms of the standard coordination agreement provided for under a distribution network code.\nThe entity and retailer are taken to have agreed to comply with the terms and to have entered into the agreement as a deed.\ns 55I ins 2006 No. 60 s 16\namd 2014 No. 48 ss 34 , 183 sch 1\n(sec.55I-ssec.1) This section applies if— a distribution entity and a retailer have common customers; and an agreement under section 55H is not in force between the entities.\n(sec.55I-ssec.2) The entity and retailer are taken to have entered into an agreement on the terms of the standard coordination agreement provided for under a distribution network code.\n(sec.55I-ssec.3) The entity and retailer are taken to have agreed to comply with the terms and to have entered into the agreement as a deed.\n- (a) a distribution entity and a retailer have common customers; and\n- (b) an agreement under section 55H is not in force between the entities.","sortOrder":143},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Special approval holders and their approvals","content":"# Special approval holders and their approvals","sortOrder":144},{"sectionNumber":"sec.56","sectionType":"section","heading":"Purpose of special approvals","content":"### sec.56 Purpose of special approvals\n\nThe purpose of special approvals is to enable, in special circumstances, electricity entities and other persons to perform activities, normally authorised by a generation, transmission or distribution authority, without the authority.\ns 56 amd 1997 No. 26 s 21 ; 2014 No. 48 s 35","sortOrder":145},{"sectionNumber":"sec.57","sectionType":"section","heading":"Special approval holders","content":"### sec.57 Special approval holders\n\nA special approval holder is a person who has a special approval.","sortOrder":146},{"sectionNumber":"sec.58","sectionType":"section","heading":"Special approvals","content":"### sec.58 Special approvals\n\nA special approval authorises its holder to do anything stated in the approval that a generation entity, transmission entity or distribution entity may do under this Act.\ns 58 amd 1997 No. 26 s 22 ; 2014 No. 48 s 36","sortOrder":147},{"sectionNumber":"sec.59","sectionType":"section","heading":"Authorisation given by special approval","content":"### sec.59 Authorisation given by special approval\n\nA special approval authorises its holder to do the things stated in the approval, even though the things would otherwise require the holder to be the holder of a generation, transmission or distribution authority to do the things.\nDespite subsection (1) , a special approval does not make the holder an electricity entity, unless a regulation provides that the holder is to be treated as an electricity entity.\nHowever, for things authorised by the special approval, the special approval holder is taken to be a person who has the relevant authority and the special approval is taken to be the relevant authority.\nIf a special approval authorises the holder to connect generating plant to a transmission grid or supply network, the holder is taken, for that activity, to be the holder of a generation authority.\nIf a special approval authorises the holder to operate a transmission grid, the holder is taken, for that activity, to be the holder of a transmission authority.\nThe approval does not relieve the holder or anyone else from complying with laws relevant to the doing of the things authorised by the approval.\ns 59 amd 1997 No. 26 s 23 ; 2014 No. 48 s 37\n(sec.59-ssec.1) A special approval authorises its holder to do the things stated in the approval, even though the things would otherwise require the holder to be the holder of a generation, transmission or distribution authority to do the things.\n(sec.59-ssec.2) Despite subsection (1) , a special approval does not make the holder an electricity entity, unless a regulation provides that the holder is to be treated as an electricity entity.\n(sec.59-ssec.3) However, for things authorised by the special approval, the special approval holder is taken to be a person who has the relevant authority and the special approval is taken to be the relevant authority. If a special approval authorises the holder to connect generating plant to a transmission grid or supply network, the holder is taken, for that activity, to be the holder of a generation authority. If a special approval authorises the holder to operate a transmission grid, the holder is taken, for that activity, to be the holder of a transmission authority.\n(sec.59-ssec.4) The approval does not relieve the holder or anyone else from complying with laws relevant to the doing of the things authorised by the approval.\n- 1 If a special approval authorises the holder to connect generating plant to a transmission grid or supply network, the holder is taken, for that activity, to be the holder of a generation authority.\n- 2 If a special approval authorises the holder to operate a transmission grid, the holder is taken, for that activity, to be the holder of a transmission authority.","sortOrder":148},{"sectionNumber":"sec.60","sectionType":"section","heading":"Conditions of special approval","content":"### sec.60 Conditions of special approval\n\nA special approval is subject to the following conditions—\nthe holder must comply with—\nif the holder is a Registered participant—the National Electricity Rules; and\nif connected to the Queensland system or a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\nthe condition stated in section 61 or 61B ; and\nconditions imposed under the regulations; and\nif the approval is given by the regulator—conditions stated in the approval;\nthe holder must pay amounts required under the approval or the regulations for administering the approval and its conditions;\nthe holder must pay any amount that, under the Energy and Water Ombudsman Act 2006 , the holder must pay the energy and water ombudsman.\nIn this section—\nspecial approval means a special approval given under a regulation or by the regulator.\ns 60 amd 1997 No. 50 s 11 ; 1997 No. 77 s 31 ; 2004 No. 51 s 3 sch ; 2005 No. 51 s 3 sch ; 2006 No. 60 s 17 ; 2010 No. 53 s 258 sch 2 ; 2014 No. 48 s 38\n(sec.60-ssec.1) A special approval is subject to the following conditions— the holder must comply with— if the holder is a Registered participant—the National Electricity Rules; and if connected to the Queensland system or a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and the condition stated in section 61 or 61B ; and conditions imposed under the regulations; and if the approval is given by the regulator—conditions stated in the approval; the holder must pay amounts required under the approval or the regulations for administering the approval and its conditions; the holder must pay any amount that, under the Energy and Water Ombudsman Act 2006 , the holder must pay the energy and water ombudsman.\n(sec.60-ssec.2) In this section— special approval means a special approval given under a regulation or by the regulator.\n- (a) the holder must comply with— (i) if the holder is a Registered participant—the National Electricity Rules; and (ii) if connected to the Queensland system or a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and (iii) the condition stated in section 61 or 61B ; and (iv) conditions imposed under the regulations; and (v) if the approval is given by the regulator—conditions stated in the approval;\n- (i) if the holder is a Registered participant—the National Electricity Rules; and\n- (ii) if connected to the Queensland system or a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\n- (iii) the condition stated in section 61 or 61B ; and\n- (iv) conditions imposed under the regulations; and\n- (v) if the approval is given by the regulator—conditions stated in the approval;\n- (b) the holder must pay amounts required under the approval or the regulations for administering the approval and its conditions;\n- (c) the holder must pay any amount that, under the Energy and Water Ombudsman Act 2006 , the holder must pay the energy and water ombudsman.\n- (i) if the holder is a Registered participant—the National Electricity Rules; and\n- (ii) if connected to the Queensland system or a Registered participant—the National Electricity (Queensland) Law , the National Electricity Rules and directions given to it under this Act, the National Electricity (Queensland) Law or the National Electricity Rules; and\n- (iii) the condition stated in section 61 or 61B ; and\n- (iv) conditions imposed under the regulations; and\n- (v) if the approval is given by the regulator—conditions stated in the approval;","sortOrder":149},{"sectionNumber":"sec.61","sectionType":"section","heading":"Additional condition to comply with protocols, standards and codes","content":"### sec.61 Additional condition to comply with protocols, standards and codes\n\nIt is also a condition of a special approval that the holder must comply with all protocols, standards and codes applying to the holder under this Act.\ns 61 amd 2004 No. 51 s 3 sch","sortOrder":150},{"sectionNumber":"sec.61A","sectionType":"section","heading":null,"content":"### Section sec.61A\n\ns 61A ins 2003 No. 34 s 169\nom 2011 No. 20 s 39","sortOrder":151},{"sectionNumber":"sec.61B","sectionType":"section","heading":"Additional condition for electricity produced by photovoltaic generators","content":"### sec.61B Additional condition for electricity produced by photovoltaic generators\n\nSubsection (2) applies to a special approval holder prescribed under a regulation.\nIt is a condition of the special approval that the holder must comply with section 44A .\ns 61B ins 2008 No. 33 s 55\namd 2014 No. 31 s 10 ; 2014 No. 48 s 39\n(sec.61B-ssec.1) Subsection (2) applies to a special approval holder prescribed under a regulation.\n(sec.61B-ssec.2) It is a condition of the special approval that the holder must comply with section 44A .","sortOrder":152},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Regulator","content":"# Regulator","sortOrder":153},{"sectionNumber":"sec.62","sectionType":"section","heading":"Regulator","content":"### sec.62 Regulator\n\nThe chief executive of the department is the regulator.","sortOrder":154},{"sectionNumber":"sec.63","sectionType":"section","heading":"Functions","content":"### sec.63 Functions\n\nThe regulator’s functions are—\nto ensure only suitable persons are electricity entities; and\nto assist in the settlement of disputes arising under chapter 4 , part 6 , between electricity entities and between electricity entities and public entities; and\nto monitor compliance with the conditions of approvals, authorities and licences under this Act; and\nto perform other functions given to the regulator under this Act or another Act.\nIn performing the regulator’s functions, the regulator must consider the objects of the Act .\ns 63 amd 1997 No. 77 s 32 (2) ; 2000 No. 39 s 4 ; 2001 No. 82 s 3 sch ; 2002 No. 42 s 242 sch 1 ; 2004 No. 51 s 14 ; 2006 No. 60 s 18\n(sec.63-ssec.1) The regulator’s functions are— to ensure only suitable persons are electricity entities; and to assist in the settlement of disputes arising under chapter 4 , part 6 , between electricity entities and between electricity entities and public entities; and to monitor compliance with the conditions of approvals, authorities and licences under this Act; and to perform other functions given to the regulator under this Act or another Act.\n(sec.63-ssec.2) In performing the regulator’s functions, the regulator must consider the objects of the Act .\n- (a) to ensure only suitable persons are electricity entities; and\n- (b) to assist in the settlement of disputes arising under chapter 4 , part 6 , between electricity entities and between electricity entities and public entities; and\n- (c) to monitor compliance with the conditions of approvals, authorities and licences under this Act; and\n- (d) to perform other functions given to the regulator under this Act or another Act.","sortOrder":155},{"sectionNumber":"sec.64","sectionType":"section","heading":"Delegation","content":"### sec.64 Delegation\n\nThe regulator may delegate a power of the regulator to a public service employee or an employee of an electricity entity if satisfied the person has the expertise and experience necessary to exercise properly the power.\nA regulation may provide that a particular power of the regulator—\nmay not be delegated; or\nmay be delegated only to a particular person.\ns 64 amd 2002 No. 42 s 242 sch 1\n(sec.64-ssec.1) The regulator may delegate a power of the regulator to a public service employee or an employee of an electricity entity if satisfied the person has the expertise and experience necessary to exercise properly the power.\n(sec.64-ssec.2) A regulation may provide that a particular power of the regulator— may not be delegated; or may be delegated only to a particular person.\n- (a) may not be delegated; or\n- (b) may be delegated only to a particular person.","sortOrder":156},{"sectionNumber":"sec.64A","sectionType":"section","heading":"Review of feed-in tariff provisions","content":"### sec.64A Review of feed-in tariff provisions\n\nWithin 5 years after the commencement of this section, the regulator must review the operation of section 55DBA and chapter 4 , part 2A .\ns 64A prev s 64A ins 2001 No. 82 s 5\namd 2002 No. 42 s 242 sch 1 ; 2004 No. 50 s 4\nom 2006 No. 60 s 19\npres s 64A ins 2014 No. 31 s 11","sortOrder":157},{"sectionNumber":"sec.64AA","sectionType":"section","heading":null,"content":"### Section sec.64AA\n\ns 64AA ins 2000 No. 39 s 5\nom 2001 No. 82 s 5","sortOrder":158},{"sectionNumber":"ch.2-pt.9","sectionType":"part","heading":"Electricity officers","content":"# Electricity officers","sortOrder":159},{"sectionNumber":"sec.64B","sectionType":"section","heading":"Definition for pt 9","content":"### sec.64B Definition for pt 9\n\nIn this part—\nelectricity entity includes a retailer.\ns 64B prev s 64B ins 2001 No. 82 s 5\nom 2006 No. 60 s 19\npres s 64B ins 2014 No. 48 s 40","sortOrder":160},{"sectionNumber":"sec.64C","sectionType":"section","heading":null,"content":"### Section sec.64C\n\ns 64C ins 2001 No. 82 s 5\namd 2006 No. 42 s 68\nom 2006 No. 60 s 19","sortOrder":161},{"sectionNumber":"sec.64D","sectionType":"section","heading":null,"content":"### Section sec.64D\n\ns 64D ins 2001 No. 82 s 5\nom 2006 No. 60 s 19","sortOrder":162},{"sectionNumber":"sec.64E","sectionType":"section","heading":null,"content":"### Section sec.64E\n\ns 64E ins 2001 No. 82 s 5\nom 2006 No. 60 s 19","sortOrder":163},{"sectionNumber":"sec.64F","sectionType":"section","heading":null,"content":"### Section sec.64F\n\ns 64F ins 2001 No. 82 s 5\nom 2006 No. 60 s 19","sortOrder":164},{"sectionNumber":"sec.64FA","sectionType":"section","heading":null,"content":"### Section sec.64FA\n\ns 64FA ins 2004 No. 51 s 15\nom 2006 No. 60 s 19","sortOrder":165},{"sectionNumber":"sec.64FB","sectionType":"section","heading":null,"content":"### Section sec.64FB\n\ns 64FB ins 2004 No. 51 s 15\nom 2006 No. 60 s 19","sortOrder":166},{"sectionNumber":"sec.64FC","sectionType":"section","heading":null,"content":"### Section sec.64FC\n\ns 64FC ins 2004 No. 51 s 15\nom 2006 No. 60 s 19","sortOrder":167},{"sectionNumber":"sec.64FD","sectionType":"section","heading":null,"content":"### Section sec.64FD\n\ns 64FD ins 2004 No. 51 s 15\nom 2006 No. 60 s 19","sortOrder":168},{"sectionNumber":"sec.64FE","sectionType":"section","heading":null,"content":"### Section sec.64FE\n\ns 64FE ins 2004 No. 51 s 15\nom 2006 No. 60 s 19","sortOrder":169},{"sectionNumber":"sec.64G","sectionType":"section","heading":null,"content":"### Section sec.64G\n\ns 64G ins 2001 No. 82 s 6\nom 2006 No. 60 s 19","sortOrder":170},{"sectionNumber":"sec.64H","sectionType":"section","heading":null,"content":"### Section sec.64H\n\ns 64H ins 2001 No. 82 s 6\nom 2006 No. 60 s 19","sortOrder":171},{"sectionNumber":"sec.64I","sectionType":"section","heading":null,"content":"### Section sec.64I\n\ns 64I ins 2001 No. 82 s 6\nom 2006 No. 60 s 19","sortOrder":172},{"sectionNumber":"sec.64J","sectionType":"section","heading":null,"content":"### Section sec.64J\n\ns 64J ins 2001 No. 82 s 6\nom 2006 No. 60 s 19","sortOrder":173},{"sectionNumber":"sec.64K","sectionType":"section","heading":null,"content":"### Section sec.64K\n\ns 64K ins 2001 No. 82 s 6\nom 2006 No. 60 s 19","sortOrder":174},{"sectionNumber":"sec.64L","sectionType":"section","heading":null,"content":"### Section sec.64L\n\ns 64L ins 2001 No. 82 s 6\namd 2003 No. 29 s 344\nom 2006 No. 60 s 19","sortOrder":175},{"sectionNumber":"sec.64M","sectionType":"section","heading":null,"content":"### Section sec.64M\n\ns 64M ins 2001 No. 82 s 6\nom 2006 No. 60 s 19","sortOrder":176},{"sectionNumber":"sec.64N","sectionType":"section","heading":null,"content":"### Section sec.64N\n\ns 64N (prev s 64S) ins 2000 No. 39 s 6\namd 2001 No. 82 s 7\nrenum 2001 No. 82 s 3 sch\namd 2002 No. 56 s 8\nom 2006 No. 60 s 19","sortOrder":177},{"sectionNumber":"sec.64O","sectionType":"section","heading":null,"content":"### Section sec.64O\n\ns 64O (prev s 64T) ins 2000 No. 39 s 6\namd 2001 No. 82 s 3 sch\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 19","sortOrder":178},{"sectionNumber":"sec.64P","sectionType":"section","heading":null,"content":"### Section sec.64P\n\ns 64P (prev s 64U) ins 2000 No. 39 s 6\namd 2001 No. 82 s 8\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 19","sortOrder":179},{"sectionNumber":"sec.64Q","sectionType":"section","heading":null,"content":"### Section sec.64Q\n\ns 64Q (prev s 64V) ins 2000 No. 39 s 6\namd 2001 No. 82 s 9\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 19","sortOrder":180},{"sectionNumber":"sec.64R","sectionType":"section","heading":null,"content":"### Section sec.64R\n\ns 64R (prev s 64W) ins 2000 No. 39 s 6\namd 2001 No. 82 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 19","sortOrder":181},{"sectionNumber":"sec.64S","sectionType":"section","heading":null,"content":"### Section sec.64S\n\ns 64S (prev s 64X) ins 2000 No. 39 s 6\namd 2001 No. 82 s 3 sch\nrenum 2001 No. 82 s 3 sch\namd 2003 No. 29 s 345\nom 2006 No. 60 s 19","sortOrder":182},{"sectionNumber":"sec.64T","sectionType":"section","heading":null,"content":"### Section sec.64T\n\ns 64T (prev s 64Y) ins 2000 No. 39 s 6\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 19","sortOrder":183},{"sectionNumber":"sec.65","sectionType":"section","heading":"Appointment","content":"### sec.65 Appointment\n\nThe chief executive officer of an electricity entity may appoint a person as an electricity officer for the entity.\nThe chief executive officer may appoint a person as an electricity officer only if—\nthe chief executive officer considers the person has the expertise or experience approved by the regulator to be an electricity officer; or\nthe person has satisfactorily finished training approved by the regulator.\n(sec.65-ssec.1) The chief executive officer of an electricity entity may appoint a person as an electricity officer for the entity.\n(sec.65-ssec.2) The chief executive officer may appoint a person as an electricity officer only if— the chief executive officer considers the person has the expertise or experience approved by the regulator to be an electricity officer; or the person has satisfactorily finished training approved by the regulator.\n- (a) the chief executive officer considers the person has the expertise or experience approved by the regulator to be an electricity officer; or\n- (b) the person has satisfactorily finished training approved by the regulator.","sortOrder":184},{"sectionNumber":"sec.66","sectionType":"section","heading":"Limitation of electricity officer’s powers","content":"### sec.66 Limitation of electricity officer’s powers\n\nAn electricity officer may exercise powers only—\nin relation to the electricity entity’s works; or\nif the electricity entity supplies electricity—within its distribution area or a place where it supplies electricity; or\nif the electricity entity sells electricity—within a place where it sells electricity.\ns 66 amd 1997 No. 26 s 24 ; 2014 No. 48 s 41\n- (a) in relation to the electricity entity’s works; or\n- (b) if the electricity entity supplies electricity—within its distribution area or a place where it supplies electricity; or\n- (c) if the electricity entity sells electricity—within a place where it sells electricity.","sortOrder":185},{"sectionNumber":"sec.67","sectionType":"section","heading":"Other limitation of electricity officer’s powers","content":"### sec.67 Other limitation of electricity officer’s powers\n\nAn electricity officer’s powers may be limited—\nunder the regulations; or\nunder a condition of appointment; or\nby written notice given by the electricity entity’s chief executive officer to the electricity officer.\n- (a) under the regulations; or\n- (b) under a condition of appointment; or\n- (c) by written notice given by the electricity entity’s chief executive officer to the electricity officer.","sortOrder":186},{"sectionNumber":"sec.68","sectionType":"section","heading":"Electricity officer’s appointment conditions","content":"### sec.68 Electricity officer’s appointment conditions\n\nAn electricity officer holds office on the conditions stated in the instrument of appointment.\nAn electricity officer—\nif the appointment provides for a term of appointment—ceases holding office at the end of the term; and\nmay resign by signed notice of resignation given to the chief executive officer concerned; and\nif the conditions of appointment provide—ceases holding office as an electricity officer on ceasing to hold another office stated in the appointment conditions.\n(sec.68-ssec.1) An electricity officer holds office on the conditions stated in the instrument of appointment.\n(sec.68-ssec.2) An electricity officer— if the appointment provides for a term of appointment—ceases holding office at the end of the term; and may resign by signed notice of resignation given to the chief executive officer concerned; and if the conditions of appointment provide—ceases holding office as an electricity officer on ceasing to hold another office stated in the appointment conditions.\n- (a) if the appointment provides for a term of appointment—ceases holding office at the end of the term; and\n- (b) may resign by signed notice of resignation given to the chief executive officer concerned; and\n- (c) if the conditions of appointment provide—ceases holding office as an electricity officer on ceasing to hold another office stated in the appointment conditions.","sortOrder":187},{"sectionNumber":"sec.69","sectionType":"section","heading":"Electricity officer’s identity card","content":"### sec.69 Electricity officer’s identity card\n\nThe chief executive officer of an electricity entity must give each electricity officer for the entity an identity card.\nThe identity card must—\ncontain a recent photograph of the electricity officer; and\nbe in a form approved by the regulator; and\ndisplay the electricity officer’s usual signature; and\nidentify the person as an electricity officer for the electricity entity.\nA person who ceases to be an electricity officer for an electricity entity must return the person’s identity card to the entity’s chief executive officer within 21 days after the person ceases to be an electricity officer, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nThis section does not prevent the giving of a single identity card to a person under this section and for other provisions, Acts or purposes.\ns 69 amd 2000 No. 39 s 7\n(sec.69-ssec.1) The chief executive officer of an electricity entity must give each electricity officer for the entity an identity card.\n(sec.69-ssec.2) The identity card must— contain a recent photograph of the electricity officer; and be in a form approved by the regulator; and display the electricity officer’s usual signature; and identify the person as an electricity officer for the electricity entity.\n(sec.69-ssec.3) A person who ceases to be an electricity officer for an electricity entity must return the person’s identity card to the entity’s chief executive officer within 21 days after the person ceases to be an electricity officer, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.69-ssec.4) This section does not prevent the giving of a single identity card to a person under this section and for other provisions, Acts or purposes.\n- (a) contain a recent photograph of the electricity officer; and\n- (b) be in a form approved by the regulator; and\n- (c) display the electricity officer’s usual signature; and\n- (d) identify the person as an electricity officer for the electricity entity.","sortOrder":188},{"sectionNumber":"sec.70","sectionType":"section","heading":"Production or display of electricity officer’s identity card","content":"### sec.70 Production or display of electricity officer’s identity card\n\nAn electricity officer may exercise a power in relation to someone else only if the electricity officer—\nfirst produces his or her identity card for the person’s inspection; or\nhas the identity card displayed so it is clearly visible to the person.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the electricity officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.70-ssec.1) An electricity officer may exercise a power in relation to someone else only if the electricity officer— first produces his or her identity card for the person’s inspection; or has the identity card displayed so it is clearly visible to the person.\n(sec.70-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the electricity officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) first produces his or her identity card for the person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the person.","sortOrder":189},{"sectionNumber":"ch.2-pt.10","sectionType":"part","heading":null,"content":"","sortOrder":190},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 om 2002 No. 42 s 242 sch 1","sortOrder":191},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns 72 om 2002 No. 42 s 242 sch 1","sortOrder":192},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 om 2002 No. 42 s 242 sch 1","sortOrder":193},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 amd 2000 No. 39 s 8\nom 2002 No. 42 s 242 sch 1","sortOrder":194},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 om 2002 No. 42 s 242 sch 1","sortOrder":195},{"sectionNumber":"ch.2-pt.11","sectionType":"part","heading":null,"content":"","sortOrder":196},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 om 1997 No. 26 s 25","sortOrder":197},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 om 1997 No. 26 s 25","sortOrder":198},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 om 1997 No. 26 s 25","sortOrder":199},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 1997 No. 26 s 25","sortOrder":200},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 om 1997 No. 26 s 25","sortOrder":201},{"sectionNumber":"ch.2-pt.12","sectionType":"part","heading":null,"content":"","sortOrder":202},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 om 2002 No. 42 s 242 sch 1","sortOrder":203},{"sectionNumber":"sec.81A","sectionType":"section","heading":null,"content":"### Section sec.81A\n\ns 81A ins 1996 No. 54 s 9 sch\nom 2002 No. 42 s 242 sch 1","sortOrder":204},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Restriction on certain activities by unauthorised persons","content":"# Restriction on certain activities by unauthorised persons","sortOrder":205},{"sectionNumber":"sec.87","sectionType":"section","heading":"Connection of generating plant to transmission grid or supply network only if authorised","content":"### sec.87 Connection of generating plant to transmission grid or supply network only if authorised\n\nA person must not connect generating plant to a transmission grid or supply network unless the person is the holder of a generation authority.\nMaximum penalty—5,000 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A , to have also committed the offence.\nA person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.\ns 87 amd 1997 No. 50 s 12 ; 2005 No. 51 s 3 sch ; 2013 No. 51 s 229 sch 1\n(sec.87-ssec.1) A person must not connect generating plant to a transmission grid or supply network unless the person is the holder of a generation authority. Maximum penalty—5,000 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A , to have also committed the offence.\n(sec.87-ssec.2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.","sortOrder":206},{"sectionNumber":"sec.88","sectionType":"section","heading":"Prohibition on operating transmission grid unless authorised","content":"### sec.88 Prohibition on operating transmission grid unless authorised\n\nA person must not operate a transmission grid unless the person is the holder of a transmission authority.\nMaximum penalty—5,000 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A , to have also committed the offence.\nA person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.\ns 88 amd 1997 No. 50 s 13 ; 2005 No. 51 s 3 sch ; 2013 No. 51 s 229 sch 1\n(sec.88-ssec.1) A person must not operate a transmission grid unless the person is the holder of a transmission authority. Maximum penalty—5,000 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A , to have also committed the offence.\n(sec.88-ssec.2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.","sortOrder":207},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Prohibition on operating supply network unless authorised","content":"### sec.88A Prohibition on operating supply network unless authorised\n\nA person must not supply electricity using a supply network unless the person is the holder of a distribution authority.\nMaximum penalty—5,000 penalty units.\nIf a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A , to have also committed the offence.\nA person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.\ns 88A ins 1997 No. 26 s 27\namd 1997 No. 50 s 14 ; 2005 No. 51 s 3 sch ; 2013 No. 51 s 229 sch 1\n(sec.88A-ssec.1) A person must not supply electricity using a supply network unless the person is the holder of a distribution authority. Maximum penalty—5,000 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 240A , to have also committed the offence.\n(sec.88A-ssec.2) A person who contravenes subsection (1) may not, for the period of the contravention, take part in trading arrangements or settlement processes under this Act or the National Electricity Rules or recover payment for electricity or services provided by it.","sortOrder":208},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 sub 1997 No. 26 s 28\namd 1997 No. 50 s 15 ; 2005 No. 51 s 3 sch ; 2013 No. 51 s 229 sch 1\nom 2014 No. 48 s 42","sortOrder":209},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Market operation","content":"# Market operation","sortOrder":210},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":211},{"sectionNumber":"sec.89A","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.89A Definitions for pt 2\n\nIn this part—\ndesignated retail market area means—\nan area prescribed by regulation; or\nif no area is prescribed—the distribution area described in the schedule to the distribution authority numbered D07/98.\nAt the commencement of this definition, the distribution authority was held by Energex.\ns 89A def designated retail market area ins 2014 No. 48 s 44\nprice determination see section 90 (1) .\npricing entity means—\nthe Minister; or\nQCA, if the Minister delegates a function of the Minister under section 90 (1) to QCA.\ns 89A prev s 89A ins 2001 No. 47 s 3\namd 2004 No. 51 s 3 sch ; 2006 No. 60 s 3 sch\nom 2009 No. 16 s 15\npres s 89A ins 2011 No. 29 s 6\n- (a) an area prescribed by regulation; or\n- (b) if no area is prescribed—the distribution area described in the schedule to the distribution authority numbered D07/98.\n- (a) the Minister; or\n- (b) QCA, if the Minister delegates a function of the Minister under section 90 (1) to QCA.","sortOrder":212},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Market monitoring, reporting and review in designated retail market areas","content":"## Market monitoring, reporting and review in designated retail market areas","sortOrder":213},{"sectionNumber":"sec.89B","sectionType":"section","heading":"Market monitoring direction and report","content":"### sec.89B Market monitoring direction and report\n\nThe Minister may give QCA a written direction requiring QCA to monitor, and give a written report on, the operation of the retail electricity market in designated retail market areas.\nThe direction must state—\nthe period (the reporting period ) for which the report is to apply; and\nwhen the report is required to be given to the Minister; and\nthat the report must be published on QCA’s website and when it is required to be published.\nWithout limiting subsection (1) , the direction may require QCA to monitor, and report on, the prices that retailers for designated retail market areas are charging for—\nthe sale of electricity to their customers at premises in the areas; or\ncharges or fees relating to the sale of electricity mentioned in paragraph (a) .\nAlso, without limiting subsection (1) , the direction may require the report to include—\na comparison and assessment of—\nretailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and\nvariations to retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and\ninformation about any trends in relation to variations to retailers’ standing offer prices and market offer prices available to customers at premises in designated retail market areas in the reporting or another stated period; and\nother relevant information the Minister requires.\nQCA must comply with the direction.\nIn this section—\nmarket offer prices has the meaning given by the NERL (Qld), section 2 .\nstanding offer prices has the meaning given by the NERL (Qld), section 2 .\ns 89B prev s 89B ins 2001 No. 47 s 3\namd 2005 No. 51 s 3 sch ; 2006 No. 60 s 3 sch\nom 2009 No. 16 s 15\npres s 89B ins 2014 No. 48 s 45\n(sec.89B-ssec.1) The Minister may give QCA a written direction requiring QCA to monitor, and give a written report on, the operation of the retail electricity market in designated retail market areas.\n(sec.89B-ssec.2) The direction must state— the period (the reporting period ) for which the report is to apply; and when the report is required to be given to the Minister; and that the report must be published on QCA’s website and when it is required to be published.\n(sec.89B-ssec.3) Without limiting subsection (1) , the direction may require QCA to monitor, and report on, the prices that retailers for designated retail market areas are charging for— the sale of electricity to their customers at premises in the areas; or charges or fees relating to the sale of electricity mentioned in paragraph (a) .\n(sec.89B-ssec.4) Also, without limiting subsection (1) , the direction may require the report to include— a comparison and assessment of— retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and variations to retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and information about any trends in relation to variations to retailers’ standing offer prices and market offer prices available to customers at premises in designated retail market areas in the reporting or another stated period; and other relevant information the Minister requires.\n(sec.89B-ssec.5) QCA must comply with the direction.\n(sec.89B-ssec.6) In this section— market offer prices has the meaning given by the NERL (Qld), section 2 . standing offer prices has the meaning given by the NERL (Qld), section 2 .\n- (a) the period (the reporting period ) for which the report is to apply; and\n- (b) when the report is required to be given to the Minister; and\n- (c) that the report must be published on QCA’s website and when it is required to be published.\n- (a) the sale of electricity to their customers at premises in the areas; or\n- (b) charges or fees relating to the sale of electricity mentioned in paragraph (a) .\n- (a) a comparison and assessment of— (i) retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and (ii) variations to retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and\n- (i) retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and\n- (ii) variations to retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and\n- (b) information about any trends in relation to variations to retailers’ standing offer prices and market offer prices available to customers at premises in designated retail market areas in the reporting or another stated period; and\n- (c) other relevant information the Minister requires.\n- (i) retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and\n- (ii) variations to retailers’ standing offer prices and market offer prices that were available to customers at premises in designated retail market areas in the reporting period; and","sortOrder":214},{"sectionNumber":"sec.89C","sectionType":"section","heading":"Obtaining information to comply with direction","content":"### sec.89C Obtaining information to comply with direction\n\nThis section applies if QCA is given a direction under section 89B (1) .\nQCA may, by written notice given to a retailer for a designated retail market area, require the retailer to give QCA the relevant information QCA requires to comply with the direction.\nThe retailer must, within the reasonable period stated in the notice, comply with the notice unless, in the circumstances, the retailer could not reasonably have been expected to have, or to be able to obtain, the relevant information.\nMaximum penalty for subsection (3) —100 penalty units.\ns 89C ins 2014 No. 48 s 45\n(sec.89C-ssec.1) This section applies if QCA is given a direction under section 89B (1) .\n(sec.89C-ssec.2) QCA may, by written notice given to a retailer for a designated retail market area, require the retailer to give QCA the relevant information QCA requires to comply with the direction.\n(sec.89C-ssec.3) The retailer must, within the reasonable period stated in the notice, comply with the notice unless, in the circumstances, the retailer could not reasonably have been expected to have, or to be able to obtain, the relevant information. Maximum penalty for subsection (3) —100 penalty units.","sortOrder":215},{"sectionNumber":"sec.89D","sectionType":"section","heading":"Competition review","content":"### sec.89D Competition review\n\nThe Minister may give a written direction to an appropriate entity to—\nconduct a review into the effectiveness of competition in a relevant market for the sale of electricity; and\ngive a written advice about whether to keep, remove or reintroduce price controls on prices relating to the sale of electricity in the relevant market.\nThe direction must state—\nthe terms of reference of the review; and\nwhen the advice is required to be given to the Minister; and\nthat the advice must be published on the appropriate entity’s website or in another stated way; and\nwhen the advice is required to be published.\nThe appropriate entity must comply with the direction.\nSubject to the direction, the appropriate entity may conduct the review in the way it considers appropriate.\nIn this section—\nappropriate entity means—\nQCA; or\nanother entity the Minister considers is an appropriate entity to conduct a review and give an advice under subsection (1) .\nrelevant market means a market for the sale of electricity to all customers, or a class of customers, in a designated retail market area.\ns 89D ins 2014 No. 48 s 45\n(sec.89D-ssec.1) The Minister may give a written direction to an appropriate entity to— conduct a review into the effectiveness of competition in a relevant market for the sale of electricity; and give a written advice about whether to keep, remove or reintroduce price controls on prices relating to the sale of electricity in the relevant market.\n(sec.89D-ssec.2) The direction must state— the terms of reference of the review; and when the advice is required to be given to the Minister; and that the advice must be published on the appropriate entity’s website or in another stated way; and when the advice is required to be published.\n(sec.89D-ssec.3) The appropriate entity must comply with the direction.\n(sec.89D-ssec.4) Subject to the direction, the appropriate entity may conduct the review in the way it considers appropriate.\n(sec.89D-ssec.5) In this section— appropriate entity means— QCA; or another entity the Minister considers is an appropriate entity to conduct a review and give an advice under subsection (1) . relevant market means a market for the sale of electricity to all customers, or a class of customers, in a designated retail market area.\n- (a) conduct a review into the effectiveness of competition in a relevant market for the sale of electricity; and\n- (b) give a written advice about whether to keep, remove or reintroduce price controls on prices relating to the sale of electricity in the relevant market.\n- (a) the terms of reference of the review; and\n- (b) when the advice is required to be given to the Minister; and\n- (c) that the advice must be published on the appropriate entity’s website or in another stated way; and\n- (d) when the advice is required to be published.\n- (a) QCA; or\n- (b) another entity the Minister considers is an appropriate entity to conduct a review and give an advice under subsection (1) .","sortOrder":216},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Price determination","content":"## Price determination","sortOrder":217},{"sectionNumber":"sec.89E","sectionType":"section","heading":"Non-application to sales in designated retail market area","content":"### sec.89E Non-application to sales in designated retail market area\n\nThis division does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer for a designated retail market area may charge for—\nthe sale of electricity to its standard contract customers at premises in the area; or\ncharges or fees relating to the sale of electricity mentioned in paragraph (a) .\nThis section applies subject to section 91B .\ns 89E ins 2014 No. 48 s 45\n(sec.89E-ssec.1) This division does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer for a designated retail market area may charge for— the sale of electricity to its standard contract customers at premises in the area; or charges or fees relating to the sale of electricity mentioned in paragraph (a) .\n(sec.89E-ssec.2) This section applies subject to section 91B .\n- (a) the sale of electricity to its standard contract customers at premises in the area; or\n- (b) charges or fees relating to the sale of electricity mentioned in paragraph (a) .","sortOrder":218},{"sectionNumber":"sec.90","sectionType":"section","heading":"Deciding prices for standard contract customers","content":"### sec.90 Deciding prices for standard contract customers\n\nThe Minister must, for each tariff year, decide (a price determination ) the prices, or the methodology for fixing the prices, that a retailer may charge its standard contract customers for all or any of the following—\ncustomer retail services;\ncharges or fees relating to customer retail services;\ncharges or fees for late or dishonoured payments\ncredit card surcharges for payments for the services\nother goods and services prescribed under a regulation.\nThe price determination must be in the form of a tariff schedule.\nTo remove any doubt, the following is declared for a price determination—\nit may be made from time to time and not just once a year;\na tariff from the tariff schedule for the current or previous tariff year may be added to, removed or changed;\na tariff may be added to the tariff schedule at any time during a tariff year;\nit may include network charges;\nit can not be made for distribution non-network charges.\nThe prices, or prices fixed under the methodology, are, for a retailer, called the notified prices .\nIn making a price determination, the pricing entity—\nmust have regard to all of the following—\nthe actual costs of making, producing or supplying the goods or services;\nthe effect of the price determination on competition in the Queensland retail electricity market;\nif QCA is the pricing entity—any matter the pricing entity is required by delegation to consider; and\nmay have regard to any other matter the pricing entity considers relevant.\nThe pricing entity may decide that the notified prices exclude one of the following—\nGST;\nthe amount fixed by the pricing entity, or the amount worked out in a way fixed by the pricing entity, as the net effect on prices of GST and matters related to the imposition of GST (the net GST effect ).\nIn this section—\ndistribution non-network charges means charges of a distribution entity, approved by the jurisdictional regulator under the National Electricity (Queensland) Law , that—\nare referable to a specific customer or retailer request; and\ndo not include network charges.\na de-energisation or disconnection fee\na reconnection fee\na meter test fee\nnetwork charges means charges of a distribution entity for—\ndistribution use of system charges for the use of a shared supply network of the distribution entity; and\nany transmission use of system charges payable by the distribution entity for the use of a transmission grid to which the supply network is connected.\ns 90 sub 1997 No. 50 s 17 ; 1997 No. 77 s 34\namd 2000 No. 20 s 29 sch 3 ; 2003 No. 28 s 6 ; 2004 No. 51 s 17 ; 2006 No. 60 s 22 (amd 2007 No. 17 s 41 ); 2011 No. 29 s 7 ; 2012 No. 8 s 35 ; 2013 No. 28 s 22 ; 2014 No. 48 s 46\n(sec.90-ssec.1) The Minister must, for each tariff year, decide (a price determination ) the prices, or the methodology for fixing the prices, that a retailer may charge its standard contract customers for all or any of the following— customer retail services; charges or fees relating to customer retail services; charges or fees for late or dishonoured payments credit card surcharges for payments for the services other goods and services prescribed under a regulation.\n(sec.90-ssec.2) The price determination must be in the form of a tariff schedule.\n(sec.90-ssec.3) To remove any doubt, the following is declared for a price determination— it may be made from time to time and not just once a year; a tariff from the tariff schedule for the current or previous tariff year may be added to, removed or changed; a tariff may be added to the tariff schedule at any time during a tariff year; it may include network charges; it can not be made for distribution non-network charges.\n(sec.90-ssec.4) The prices, or prices fixed under the methodology, are, for a retailer, called the notified prices .\n(sec.90-ssec.5) In making a price determination, the pricing entity— must have regard to all of the following— the actual costs of making, producing or supplying the goods or services; the effect of the price determination on competition in the Queensland retail electricity market; if QCA is the pricing entity—any matter the pricing entity is required by delegation to consider; and may have regard to any other matter the pricing entity considers relevant.\n(sec.90-ssec.6) The pricing entity may decide that the notified prices exclude one of the following— GST; the amount fixed by the pricing entity, or the amount worked out in a way fixed by the pricing entity, as the net effect on prices of GST and matters related to the imposition of GST (the net GST effect ).\n(sec.90-ssec.7) In this section— distribution non-network charges means charges of a distribution entity, approved by the jurisdictional regulator under the National Electricity (Queensland) Law , that— are referable to a specific customer or retailer request; and do not include network charges. a de-energisation or disconnection fee a reconnection fee a meter test fee network charges means charges of a distribution entity for— distribution use of system charges for the use of a shared supply network of the distribution entity; and any transmission use of system charges payable by the distribution entity for the use of a transmission grid to which the supply network is connected.\n- (a) customer retail services;\n- (b) charges or fees relating to customer retail services; Examples— • charges or fees for late or dishonoured payments • credit card surcharges for payments for the services\n- • charges or fees for late or dishonoured payments\n- • credit card surcharges for payments for the services\n- (c) other goods and services prescribed under a regulation.\n- • charges or fees for late or dishonoured payments\n- • credit card surcharges for payments for the services\n- (a) it may be made from time to time and not just once a year;\n- (b) a tariff from the tariff schedule for the current or previous tariff year may be added to, removed or changed;\n- (c) a tariff may be added to the tariff schedule at any time during a tariff year;\n- (d) it may include network charges;\n- (e) it can not be made for distribution non-network charges.\n- (a) must have regard to all of the following— (i) the actual costs of making, producing or supplying the goods or services; (ii) the effect of the price determination on competition in the Queensland retail electricity market; (iii) if QCA is the pricing entity—any matter the pricing entity is required by delegation to consider; and\n- (i) the actual costs of making, producing or supplying the goods or services;\n- (ii) the effect of the price determination on competition in the Queensland retail electricity market;\n- (iii) if QCA is the pricing entity—any matter the pricing entity is required by delegation to consider; and\n- (b) may have regard to any other matter the pricing entity considers relevant.\n- (i) the actual costs of making, producing or supplying the goods or services;\n- (ii) the effect of the price determination on competition in the Queensland retail electricity market;\n- (iii) if QCA is the pricing entity—any matter the pricing entity is required by delegation to consider; and\n- (a) GST;\n- (b) the amount fixed by the pricing entity, or the amount worked out in a way fixed by the pricing entity, as the net effect on prices of GST and matters related to the imposition of GST (the net GST effect ).\n- (a) are referable to a specific customer or retailer request; and\n- (b) do not include network charges.\n- • a de-energisation or disconnection fee\n- • a reconnection fee\n- • a meter test fee\n- (a) distribution use of system charges for the use of a shared supply network of the distribution entity; and\n- (b) any transmission use of system charges payable by the distribution entity for the use of a transmission grid to which the supply network is connected.","sortOrder":219},{"sectionNumber":"sec.90AAA","sectionType":"section","heading":null,"content":"### Section sec.90AAA\n\ns 90AAA ins 2013 No. 28 s 23\nexp 1 July 2014 (see s 90AAA(3))","sortOrder":220},{"sectionNumber":"sec.90AA","sectionType":"section","heading":"Delegation to QCA and terms of reference","content":"### sec.90AA Delegation to QCA and terms of reference\n\nThe Minister may delegate to QCA all or any of the Minister’s functions under section 90 (1) .\nThe delegation may state the terms of reference of the price determination.\nThe terms of reference may specify the following—\nthe period for which the price determination is to apply;\nthe time frame within which QCA is to make and publish reports on the price determination;\nthe particular policies or principles QCA is to consider when making the price determination;\nthe matters QCA must consider when working out the notified prices and making the price determination;\nthe particular methodology to be used to determine the prices\nthe consultation requirements QCA must comply with before making the price determination.\nThe terms of reference may—\napply generally to all tariffs or be limited in its application by reference to specified exceptions or factors; or\napply differently according to different factors of a specified kind.\ns 90AA ins 2011 No. 29 s 8\n(sec.90AA-ssec.1) The Minister may delegate to QCA all or any of the Minister’s functions under section 90 (1) .\n(sec.90AA-ssec.2) The delegation may state the terms of reference of the price determination.\n(sec.90AA-ssec.3) The terms of reference may specify the following— the period for which the price determination is to apply; the time frame within which QCA is to make and publish reports on the price determination; the particular policies or principles QCA is to consider when making the price determination; the matters QCA must consider when working out the notified prices and making the price determination; the particular methodology to be used to determine the prices the consultation requirements QCA must comply with before making the price determination.\n(sec.90AA-ssec.4) The terms of reference may— apply generally to all tariffs or be limited in its application by reference to specified exceptions or factors; or apply differently according to different factors of a specified kind.\n- (a) the period for which the price determination is to apply;\n- (b) the time frame within which QCA is to make and publish reports on the price determination;\n- (c) the particular policies or principles QCA is to consider when making the price determination;\n- (d) the matters QCA must consider when working out the notified prices and making the price determination; Example— the particular methodology to be used to determine the prices\n- (e) the consultation requirements QCA must comply with before making the price determination.\n- (a) apply generally to all tariffs or be limited in its application by reference to specified exceptions or factors; or\n- (b) apply differently according to different factors of a specified kind.","sortOrder":221},{"sectionNumber":"sec.90AB","sectionType":"section","heading":"Publication of notified prices","content":"### sec.90AB Publication of notified prices\n\nThis section applies if QCA is the pricing entity.\nThe pricing entity must, at least 1 month before the start of each tariff year—\nannounce its final price determination; and\npublish the notified prices by gazette notice.\nHowever, a failure to comply with subsection (2) does not invalidate or otherwise affect the price determination.\nIf the pricing entity has decided that GST or the net GST effect is excluded from the notified prices, the gazette notice must include a statement (a GST statement ) as follows—\nthat the notified prices exclude GST or the net GST effect;\nif the decision was that the net GST effect is excluded—the fixed amount of the effect or the way for working it out under section 90 (6) (b) .\nThe notified prices and any GST statement take effect—\non a later day stated in the notice; or\nif no day is stated in the notice—on the day the notice is gazetted.\ns 90AB ins 2011 No. 29 s 8\namd 2012 No. 8 s 36\n(sec.90AB-ssec.1) This section applies if QCA is the pricing entity.\n(sec.90AB-ssec.2) The pricing entity must, at least 1 month before the start of each tariff year— announce its final price determination; and publish the notified prices by gazette notice.\n(sec.90AB-ssec.3) However, a failure to comply with subsection (2) does not invalidate or otherwise affect the price determination.\n(sec.90AB-ssec.4) If the pricing entity has decided that GST or the net GST effect is excluded from the notified prices, the gazette notice must include a statement (a GST statement ) as follows— that the notified prices exclude GST or the net GST effect; if the decision was that the net GST effect is excluded—the fixed amount of the effect or the way for working it out under section 90 (6) (b) .\n(sec.90AB-ssec.5) The notified prices and any GST statement take effect— on a later day stated in the notice; or if no day is stated in the notice—on the day the notice is gazetted.\n- (a) announce its final price determination; and\n- (b) publish the notified prices by gazette notice.\n- (a) that the notified prices exclude GST or the net GST effect;\n- (b) if the decision was that the net GST effect is excluded—the fixed amount of the effect or the way for working it out under section 90 (6) (b) .\n- (a) on a later day stated in the notice; or\n- (b) if no day is stated in the notice—on the day the notice is gazetted.","sortOrder":222},{"sectionNumber":"sec.90A","sectionType":"section","heading":"Obtaining information for price determination","content":"### sec.90A Obtaining information for price determination\n\nA pricing entity may, in writing, ask a retailer for relevant information the pricing entity requires to make a price determination for the retailer.\nThe retailer must, within the reasonable period stated in the request, give the relevant information to the pricing entity.\nMaximum penalty for subsection (2) —100 penalty units.\ns 90A ins 2003 No. 28 s 7\namd 2011 No. 29 s 9 ; 2014 No. 48 s 47\n(sec.90A-ssec.1) A pricing entity may, in writing, ask a retailer for relevant information the pricing entity requires to make a price determination for the retailer.\n(sec.90A-ssec.2) The retailer must, within the reasonable period stated in the request, give the relevant information to the pricing entity. Maximum penalty for subsection (2) —100 penalty units.","sortOrder":223},{"sectionNumber":"sec.91","sectionType":"section","heading":"Retailers charging for GST","content":"### sec.91 Retailers charging for GST\n\nThis section applies if—\nthere are notified prices for a retailer; and\nthe notification for the prices includes a GST statement; and\nthe retailer charges standard contract customers the notified prices for providing customer retail services.\nIf the GST statement provides that the notified prices exclude GST, the retailer may also charge standard contract customers an amount for GST for providing the services.\nIf the GST statement provides that the notified prices exclude the net GST effect, the retailer may also charge standard contract customers the net GST effect for providing the services.\nThe Minister may give the retailer a written direction to charge standard contract customers—\nif the GST statement provides that the notified prices exclude GST—an amount for GST for providing the services; or\nif the GST statement provides that the notified prices exclude the net GST effect—the net GST effect for providing the services.\nTo remove any doubt, it is declared that this section does not prevent the retailer from charging, under any of the following contracts under the NERL (Qld), an amount for GST for goods or for any services that are not customer retail services—\na standard retail contract;\na standard retail contract (card-operated meters);\na large customer standard retail contract.\ns 91 sub 1997 No. 50 s 17 ; 1997 No. 77 s 34 ; 2000 No. 20 s 29 sch 3\namd 2006 No. 60 s 23 ; 2014 No. 48 s 48\n(sec.91-ssec.1) This section applies if— there are notified prices for a retailer; and the notification for the prices includes a GST statement; and the retailer charges standard contract customers the notified prices for providing customer retail services.\n(sec.91-ssec.2) If the GST statement provides that the notified prices exclude GST, the retailer may also charge standard contract customers an amount for GST for providing the services.\n(sec.91-ssec.3) If the GST statement provides that the notified prices exclude the net GST effect, the retailer may also charge standard contract customers the net GST effect for providing the services.\n(sec.91-ssec.4) The Minister may give the retailer a written direction to charge standard contract customers— if the GST statement provides that the notified prices exclude GST—an amount for GST for providing the services; or if the GST statement provides that the notified prices exclude the net GST effect—the net GST effect for providing the services.\n(sec.91-ssec.5) To remove any doubt, it is declared that this section does not prevent the retailer from charging, under any of the following contracts under the NERL (Qld), an amount for GST for goods or for any services that are not customer retail services— a standard retail contract; a standard retail contract (card-operated meters); a large customer standard retail contract.\n- (a) there are notified prices for a retailer; and\n- (b) the notification for the prices includes a GST statement; and\n- (c) the retailer charges standard contract customers the notified prices for providing customer retail services.\n- (a) if the GST statement provides that the notified prices exclude GST—an amount for GST for providing the services; or\n- (b) if the GST statement provides that the notified prices exclude the net GST effect—the net GST effect for providing the services.\n- (a) a standard retail contract;\n- (b) a standard retail contract (card-operated meters);\n- (c) a large customer standard retail contract.","sortOrder":224},{"sectionNumber":"sec.91A","sectionType":"section","heading":"Retailer must comply with notification or direction","content":"### sec.91A Retailer must comply with notification or direction\n\nThis section applies if there are notified prices for providing customer retail services.\nA retailer must charge standard contract customers the notified prices for providing the services.\nMaximum penalty—500 penalty units.\nIf a retailer has been given a direction under section 91 (4) (a) to charge an amount for GST for providing the services, it must also charge that amount.\nMaximum penalty—500 penalty units.\nIf a retailer has been given a direction under section 91 (4) (b) to charge the net GST effect for providing the services, it must also charge the net GST effect.\nMaximum penalty—500 penalty units.\nTo remove any doubt, it is declared that a retailer does not contravene subsection (2) only because the retailer reduces the charges payable by a standard contract customer by the amount the retailer pays the standard contract customer for electricity produced at the standard contract customer’s premises and supplied to a supply network.\nThis section does not limit section 91 (2) and (3) .\ns 91A ins 2000 No. 20 s 29 sch 3\namd 2006 No. 60 s 24 ; 2014 No. 31 s 12 ; 2014 No. 48 s 49\n(sec.91A-ssec.1) This section applies if there are notified prices for providing customer retail services.\n(sec.91A-ssec.2) A retailer must charge standard contract customers the notified prices for providing the services. Maximum penalty—500 penalty units.\n(sec.91A-ssec.3) If a retailer has been given a direction under section 91 (4) (a) to charge an amount for GST for providing the services, it must also charge that amount. Maximum penalty—500 penalty units.\n(sec.91A-ssec.4) If a retailer has been given a direction under section 91 (4) (b) to charge the net GST effect for providing the services, it must also charge the net GST effect. Maximum penalty—500 penalty units.\n(sec.91A-ssec.5) To remove any doubt, it is declared that a retailer does not contravene subsection (2) only because the retailer reduces the charges payable by a standard contract customer by the amount the retailer pays the standard contract customer for electricity produced at the standard contract customer’s premises and supplied to a supply network.\n(sec.91A-ssec.6) This section does not limit section 91 (2) and (3) .","sortOrder":225},{"sectionNumber":"sec.91AA","sectionType":"section","heading":"Provision for compliance with decisions about notified prices","content":"### sec.91AA Provision for compliance with decisions about notified prices\n\nThis section applies if—\nthe pricing entity decides or purports to decide notified prices (the decided prices ); and\nthe decided prices are, for whatever reason, quashed, set aside or declared or ordered to be of no effect in a proceeding.\nDespite any matter mentioned in subsection (1) (b) , for section 90A and any other provision of this Act, the decided prices—\nare taken to have, since the making of the decision or purported decision, always been notified prices; and\ncontinue in force as if they were notified prices until the pricing entity decides new notified prices.\ns 91AA ins 2008 No. 75 s 44\n(sec.91AA-ssec.1) This section applies if— the pricing entity decides or purports to decide notified prices (the decided prices ); and the decided prices are, for whatever reason, quashed, set aside or declared or ordered to be of no effect in a proceeding.\n(sec.91AA-ssec.2) Despite any matter mentioned in subsection (1) (b) , for section 90A and any other provision of this Act, the decided prices— are taken to have, since the making of the decision or purported decision, always been notified prices; and continue in force as if they were notified prices until the pricing entity decides new notified prices.\n- (a) the pricing entity decides or purports to decide notified prices (the decided prices ); and\n- (b) the decided prices are, for whatever reason, quashed, set aside or declared or ordered to be of no effect in a proceeding.\n- (a) are taken to have, since the making of the decision or purported decision, always been notified prices; and\n- (b) continue in force as if they were notified prices until the pricing entity decides new notified prices.","sortOrder":226},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"Reintroduction of price determination","content":"## Reintroduction of price determination","sortOrder":227},{"sectionNumber":"sec.91B","sectionType":"section","heading":"Reserve power of Minister to reintroduce price determination","content":"### sec.91B Reserve power of Minister to reintroduce price determination\n\nThis section applies if—\nunder section 89E , division 3 does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer may charge in relation to the sale of electricity to particular customers; and\neither—\nthe AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or\nan appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and\nas a result of the review, the reviewer—\nconsiders that competition in the relevant market is not effective; and\ngives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.\nThe Minister may decide to make a price determination for the prices that the retailer may charge in relation to the sale of electricity to the customers.\nIf the Minister decides to make a price determination under subsection (2) , division 3 , other than section 89E , applies for making the price determination.\nIn this section—\nAEMC see the NERL (Qld), section 2 .\nMCE directed review see the NERL (Qld), section 2 .\ns 91B prev s 91B ins 2006 No. 60 s 25 (amd 2007 No. 17 s 42 )\nom 2011 No. 29 s 10\npres s 91B ins 2014 No. 48 s 50\n(sec.91B-ssec.1) This section applies if— under section 89E , division 3 does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer may charge in relation to the sale of electricity to particular customers; and either— the AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or an appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and as a result of the review, the reviewer— considers that competition in the relevant market is not effective; and gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.\n(sec.91B-ssec.2) The Minister may decide to make a price determination for the prices that the retailer may charge in relation to the sale of electricity to the customers.\n(sec.91B-ssec.3) If the Minister decides to make a price determination under subsection (2) , division 3 , other than section 89E , applies for making the price determination.\n(sec.91B-ssec.4) In this section— AEMC see the NERL (Qld), section 2 . MCE directed review see the NERL (Qld), section 2 .\n- (a) under section 89E , division 3 does not apply to deciding the prices, or the methodology for fixing the prices, that a retailer may charge in relation to the sale of electricity to particular customers; and\n- (b) either— (i) the AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or (ii) an appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and\n- (i) the AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or\n- (ii) an appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and\n- (c) as a result of the review, the reviewer— (i) considers that competition in the relevant market is not effective; and (ii) gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.\n- (i) considers that competition in the relevant market is not effective; and\n- (ii) gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.\n- (i) the AEMC (the reviewer ) conducts an MCE directed review into the effectiveness of competition in the market (the relevant market ) to which the sale is relevant; or\n- (ii) an appropriate entity (also the reviewer ) conducts a review under section 89D (1) into the effectiveness of competition in the relevant market; and\n- (i) considers that competition in the relevant market is not effective; and\n- (ii) gives advice recommending the reintroduction of price controls on the sale of electricity in the relevant market.","sortOrder":228},{"sectionNumber":"sec.91C","sectionType":"section","heading":null,"content":"### Section sec.91C\n\ns 91C ins 2006 No. 60 s 25\ndef fixed principle ins 2008 No. 33 s 56\nom 2011 No. 29 s 10","sortOrder":229},{"sectionNumber":"sec.91D","sectionType":"section","heading":null,"content":"### Section sec.91D\n\ns 91D ins 2006 No. 60 s 25\nom 2011 No. 29 s 10","sortOrder":230},{"sectionNumber":"sec.91E","sectionType":"section","heading":null,"content":"### Section sec.91E\n\ns 91E ins 2006 No. 60 s 25\nom 2011 No. 29 s 10","sortOrder":231},{"sectionNumber":"sec.91F","sectionType":"section","heading":null,"content":"### Section sec.91F\n\ns 91F ins 2006 No. 60 s 25\namd 2008 No. 33 s 125 sch 1\nom 2011 No. 29 s 10","sortOrder":232},{"sectionNumber":"sec.91G","sectionType":"section","heading":null,"content":"### Section sec.91G\n\ns 91G ins 2006 No. 60 s 25\namd 2008 No. 33 s 57\nom 2011 No. 29 s 10","sortOrder":233},{"sectionNumber":"ch.4-pt.2A","sectionType":"part","heading":"Feed-in tariff","content":"# Feed-in tariff","sortOrder":234},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definitions for pt 2A","content":"### sec.92 Definitions for pt 2A\n\nIn this part—\nfeed-in tariff means the rate to be used for working out the amount that must be credited by a prescribed retailer to a relevant qualifying customer for a relevant supply period for each kilowatt hour of electricity that is, at any instant in the relevant supply period—\nproduced by 1 small photovoltaic generator connected at the customer’s premises to a supply network; and\nsupplied to the network.\ns 92 def feed-in tariff amd 2014 No. 48 s 50A (3)–(4)\nlocal area retailer has the meaning given by the NERL (Qld).\ns 92 def local area retailer ins 2014 No. 48 s 50A (2)\nprescribed retail entity ...\ns 92 def prescribed retail entity om 2014 No. 48 s 50A (1)\nprescribed retailer means a local area retailer other than a local area retailer for a designated retail market area.\ns 92 def prescribed retailer ins 2014 No. 48 s 50A (2)\nrelevant qualifying customer , of a prescribed retailer, means a qualifying customer if—\nthe retailer provides customer retail services to the customer’s premises; and\n1 small photovoltaic generator is connected at the customer’s premises to a supply network.\ns 92 def relevant qualifying customer ins 2014 No. 48 s 50A (2)\nrelevant small customer ...\ns 92 def relevant small customer om 2014 No. 48 s 50A (1)\ns 92 orig s 92 amd 1997 No. 26 s 29\nsub 1997 No. 50 s 17 ; 1997 No. 77 s 34\namd 2000 No. 20 s 29 sch 3\nom 2004 No. 51 s 18\nprev s 92 ins 2006 No. 60 s 25\namd 2008 No. 33 s 58\nom 2011 No. 29 s 10\npres s 92 ins 2014 No. 31 s 13\n- (a) produced by 1 small photovoltaic generator connected at the customer’s premises to a supply network; and\n- (b) supplied to the network.\n- (a) the retailer provides customer retail services to the customer’s premises; and\n- (b) 1 small photovoltaic generator is connected at the customer’s premises to a supply network.","sortOrder":235},{"sectionNumber":"sec.92A","sectionType":"section","heading":null,"content":"### Section sec.92A\n\ns 92A ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":236},{"sectionNumber":"sec.92B","sectionType":"section","heading":null,"content":"### Section sec.92B\n\ns 92B ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":237},{"sectionNumber":"sec.92C","sectionType":"section","heading":null,"content":"### Section sec.92C\n\ns 92C ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":238},{"sectionNumber":"sec.92D","sectionType":"section","heading":null,"content":"### Section sec.92D\n\ns 92D ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":239},{"sectionNumber":"sec.92E","sectionType":"section","heading":null,"content":"### Section sec.92E\n\ns 92E ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":240},{"sectionNumber":"sec.92F","sectionType":"section","heading":null,"content":"### Section sec.92F\n\ns 92F ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":241},{"sectionNumber":"sec.92G","sectionType":"section","heading":null,"content":"### Section sec.92G\n\ns 92G ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":242},{"sectionNumber":"sec.92H","sectionType":"section","heading":null,"content":"### Section sec.92H\n\ns 92H ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":243},{"sectionNumber":"sec.92I","sectionType":"section","heading":null,"content":"### Section sec.92I\n\ns 92I ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":244},{"sectionNumber":"sec.92J","sectionType":"section","heading":null,"content":"### Section sec.92J\n\ns 92J ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":245},{"sectionNumber":"sec.92K","sectionType":"section","heading":null,"content":"### Section sec.92K\n\ns 92K ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":246},{"sectionNumber":"sec.92L","sectionType":"section","heading":null,"content":"### Section sec.92L\n\ns 92L ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":247},{"sectionNumber":"sec.92M","sectionType":"section","heading":null,"content":"### Section sec.92M\n\ns 92M ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":248},{"sectionNumber":"sec.92N","sectionType":"section","heading":null,"content":"### Section sec.92N\n\ns 92N ins 1997 No. 50 s 17\nom 1997 No. 77 s 34","sortOrder":249},{"sectionNumber":"sec.93","sectionType":"section","heading":"Minister to direct QCA to decide feed-in tariff","content":"### sec.93 Minister to direct QCA to decide feed-in tariff\n\nThe Minister—\nmust direct QCA to decide the feed-in tariff for each tariff year; and\nmay, at any time, direct QCA to decide the feed-in tariff for another period.\nThe Minister’s direction may state the following—\nthe period for which the feed-in tariff is to apply;\nthe time frame within which QCA is to decide the feed-in tariff;\nthe matters QCA must consider when deciding the feed-in tariff;\nthe consultation requirements QCA must comply with before deciding the feed-in tariff.\nIn deciding the feed-in tariff, QCA must consider—\nthe effect of the feed-in tariff on competition in the Queensland retail electricity market; and\nany other matter stated in the Minister’s direction.\ns 93 orig s 93 amd 1997 No. 50 s 18\nom 1997 No. 77 s 34\nprev s 93 ins 2006 No. 60 s 25\nom 2011 No. 29 s 10\npres s 93 ins 2014 No. 31 s 13\n(sec.93-ssec.1) The Minister— must direct QCA to decide the feed-in tariff for each tariff year; and may, at any time, direct QCA to decide the feed-in tariff for another period.\n(sec.93-ssec.2) The Minister’s direction may state the following— the period for which the feed-in tariff is to apply; the time frame within which QCA is to decide the feed-in tariff; the matters QCA must consider when deciding the feed-in tariff; the consultation requirements QCA must comply with before deciding the feed-in tariff.\n(sec.93-ssec.3) In deciding the feed-in tariff, QCA must consider— the effect of the feed-in tariff on competition in the Queensland retail electricity market; and any other matter stated in the Minister’s direction.\n- (a) must direct QCA to decide the feed-in tariff for each tariff year; and\n- (b) may, at any time, direct QCA to decide the feed-in tariff for another period.\n- (a) the period for which the feed-in tariff is to apply;\n- (b) the time frame within which QCA is to decide the feed-in tariff;\n- (c) the matters QCA must consider when deciding the feed-in tariff;\n- (d) the consultation requirements QCA must comply with before deciding the feed-in tariff.\n- (a) the effect of the feed-in tariff on competition in the Queensland retail electricity market; and\n- (b) any other matter stated in the Minister’s direction.","sortOrder":250},{"sectionNumber":"sec.94","sectionType":"section","heading":"QCA to publish feed-in tariff","content":"### sec.94 QCA to publish feed-in tariff\n\nAt least 1 month before the start of a tariff year, QCA must announce the feed-in tariff for the tariff year and publish it by gazette notice.\nHowever, if QCA is directed under section 93 (1) (b) to decide a feed-in tariff, at least 1 month before the feed-in tariff is to apply, QCA must announce the feed-in tariff and publish it by gazette notice.\nA gazette notice under this section must state the period for which the feed-in tariff is to apply.\nA feed-in tariff applies from the start of the tariff year to which it relates unless otherwise stated in the gazette notice.\nFailure to comply with this section does not invalidate or otherwise affect the feed-in tariff.\ns 94 orig s 94 om 1997 No. 77 s 34\nprev s 94 ins 2006 No. 60 s 25\nom 2011 No. 29 s 10\npres s 94 ins 2014 No. 31 s 13\n(sec.94-ssec.1) At least 1 month before the start of a tariff year, QCA must announce the feed-in tariff for the tariff year and publish it by gazette notice.\n(sec.94-ssec.2) However, if QCA is directed under section 93 (1) (b) to decide a feed-in tariff, at least 1 month before the feed-in tariff is to apply, QCA must announce the feed-in tariff and publish it by gazette notice.\n(sec.94-ssec.3) A gazette notice under this section must state the period for which the feed-in tariff is to apply.\n(sec.94-ssec.4) A feed-in tariff applies from the start of the tariff year to which it relates unless otherwise stated in the gazette notice.\n(sec.94-ssec.5) Failure to comply with this section does not invalidate or otherwise affect the feed-in tariff.","sortOrder":251},{"sectionNumber":"sec.95","sectionType":"section","heading":"When feed-in tariff continues to apply","content":"### sec.95 When feed-in tariff continues to apply\n\nThis section applies if a feed-in tariff (an existing feed-in tariff ) would, but for subsection (2) , stop applying and a new feed-in tariff does not apply.\nThe existing feed-in tariff continues to apply until a new feed-in tariff applies.\ns 95 orig s 95 om 1997 No. 77 s 34\nprev s 95 ins 2006 No. 60 s 25\namd 2008 No. 33 s 59\nom 2011 No. 29 s 10\npres s 95 ins 2014 No. 31 s 13\n(sec.95-ssec.1) This section applies if a feed-in tariff (an existing feed-in tariff ) would, but for subsection (2) , stop applying and a new feed-in tariff does not apply.\n(sec.95-ssec.2) The existing feed-in tariff continues to apply until a new feed-in tariff applies.","sortOrder":252},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 orig s 96 sub 1997 No. 77 s 35\nexp 23 May 1998 (see s 96(3))\nprev s 96 ins 2006 No. 60 s 25\nom 2011 No. 29 s 10","sortOrder":253},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Limitation of liability of electricity entities","content":"# Limitation of liability of electricity entities","sortOrder":254},{"sectionNumber":"sec.97","sectionType":"section","heading":"Limitation of liability of electricity entities and special approval holders that are not Registered participants","content":"### sec.97 Limitation of liability of electricity entities and special approval holders that are not Registered participants\n\nAn electricity entity or special approval holder that is not a Registered participant is not liable for damages to a person for a partial or total failure to supply electricity or perform an obligation under a contract in relation to the supply of electricity, unless the failure is due to—\nanything done or omitted to be done by the electricity entity or special approval holder in bad faith; or\nthe negligence of the electricity entity or special approval holder.\nThis section does not apply to the extent to which liability is otherwise agreed by the parties to a contract.\nThis section commences on the commencement of the Electricity—National Scheme (Queensland) Act 1997 .\nIn subsection (1) —\ncontract includes an arrangement that has the effect of a contract.\ns 97 sub 1997 No. 26 s 30 ; 1997 No. 77 s 35\namd 2005 No. 51 s 3 sch ; 2014 No. 48 s 51\n(sec.97-ssec.1) An electricity entity or special approval holder that is not a Registered participant is not liable for damages to a person for a partial or total failure to supply electricity or perform an obligation under a contract in relation to the supply of electricity, unless the failure is due to— anything done or omitted to be done by the electricity entity or special approval holder in bad faith; or the negligence of the electricity entity or special approval holder.\n(sec.97-ssec.2) This section does not apply to the extent to which liability is otherwise agreed by the parties to a contract.\n(sec.97-ssec.3) This section commences on the commencement of the Electricity—National Scheme (Queensland) Act 1997 .\n(sec.97-ssec.4) In subsection (1) — contract includes an arrangement that has the effect of a contract.\n- (a) anything done or omitted to be done by the electricity entity or special approval holder in bad faith; or\n- (b) the negligence of the electricity entity or special approval holder.","sortOrder":255},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Limitation of liability for National Electricity (Queensland) Law","content":"### sec.97A Limitation of liability for National Electricity (Queensland) Law\n\nThe words ‘supply electricity’ in section 120 of the National Electricity (Queensland) Law are taken to include the sale of electricity and the performance of an obligation in a contract for the supply and sale of electricity.\nIn subsection (1) —\ncontract includes an arrangement that has the effect of a contract.\ns 97A ins 1997 No. 26 s 30\nsub 1997 No. 77 s 35\namd 2005 No. 51 s 3 sch\n(sec.97A-ssec.1) The words ‘supply electricity’ in section 120 of the National Electricity (Queensland) Law are taken to include the sale of electricity and the performance of an obligation in a contract for the supply and sale of electricity.\n(sec.97A-ssec.2) In subsection (1) — contract includes an arrangement that has the effect of a contract.","sortOrder":256},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Works","content":"# Works","sortOrder":257},{"sectionNumber":"ch.4-pt.4-div.1","sectionType":"division","heading":"Works generally","content":"## Works generally","sortOrder":258},{"sectionNumber":"sec.98","sectionType":"section","heading":"Electricity entity entitled to access to its works","content":"### sec.98 Electricity entity entitled to access to its works\n\nThis section applies to an electricity entity’s works on someone else’s land, including land that is a publicly controlled place, railway land or a protected area.\nThe electricity entity (and its employees and agents) are entitled to have unrestricted access to the works at any reasonable time and, for that purpose, may enter and pass through the land.\n(sec.98-ssec.1) This section applies to an electricity entity’s works on someone else’s land, including land that is a publicly controlled place, railway land or a protected area.\n(sec.98-ssec.2) The electricity entity (and its employees and agents) are entitled to have unrestricted access to the works at any reasonable time and, for that purpose, may enter and pass through the land.","sortOrder":259},{"sectionNumber":"sec.99","sectionType":"section","heading":"Person to give notice of work affecting electricity entity’s works","content":"### sec.99 Person to give notice of work affecting electricity entity’s works\n\nA person proposing to do work near an electricity entity’s works must give the entity at least 14 days written notice of the proposed work if, in performing the work—\nplant, if not properly controlled, is likely to come into contact with an overhead electric line; or\nsoil or other material supporting or covering the entity’s works may be disturbed.\nIf, because of an emergency, it is not practicable to give the notice under subsection (1) , written notice must be given to the electricity entity as soon as practicable.\nThe person must, at the person’s cost, take measures to protect or reinstate the electricity entity’s works if required by the entity.\n(sec.99-ssec.1) A person proposing to do work near an electricity entity’s works must give the entity at least 14 days written notice of the proposed work if, in performing the work— plant, if not properly controlled, is likely to come into contact with an overhead electric line; or soil or other material supporting or covering the entity’s works may be disturbed.\n(sec.99-ssec.2) If, because of an emergency, it is not practicable to give the notice under subsection (1) , written notice must be given to the electricity entity as soon as practicable.\n(sec.99-ssec.3) The person must, at the person’s cost, take measures to protect or reinstate the electricity entity’s works if required by the entity.\n- (a) plant, if not properly controlled, is likely to come into contact with an overhead electric line; or\n- (b) soil or other material supporting or covering the entity’s works may be disturbed.","sortOrder":260},{"sectionNumber":"ch.4-pt.4-div.2","sectionType":"division","heading":"Works on public places, other than railway land and protected areas","content":"## Works on public places, other than railway land and protected areas","sortOrder":261},{"sectionNumber":"sec.100","sectionType":"section","heading":"Application of division","content":"### sec.100 Application of division\n\nThis division is subject to divisions 3 and 4 .\ns 100 amd 2004 No. 53 s 2 sch","sortOrder":262},{"sectionNumber":"sec.101","sectionType":"section","heading":"Electricity entity may take action in publicly controlled places to provide electricity etc.","content":"### sec.101 Electricity entity may take action in publicly controlled places to provide electricity etc.\n\nAn electricity entity may take the action in a publicly controlled place it considers necessary to provide or supply electricity, including, for example—\nopening and breaking up the soil and pavement of the place; and\ncutting, lopping, or removing trees and other vegetation growing in or over the place; and\nopening or breaking up a sewer, drain or tunnel in or under the place; and\ntemporarily stopping or diverting traffic on or from the place; and\nbuilding drains, excavations, subways and tunnels in or under the place.\nThe application of this section could, in a particular case, be affected by the Native Title Act 1993 (Cwlth) .\nA regulation may make provision about the obligations and rights of electricity entities taking action in publicly controlled places, including, for example—\nnotice to be given before taking action; and\ntiming of work; and\nprocedures to be followed on the breaking up of anything in, on or under the place.\nThis section is subject to sections 102 and 104 .\ns 101 amd 2004 No. 53 s 2 sch\n(sec.101-ssec.1) An electricity entity may take the action in a publicly controlled place it considers necessary to provide or supply electricity, including, for example— opening and breaking up the soil and pavement of the place; and cutting, lopping, or removing trees and other vegetation growing in or over the place; and opening or breaking up a sewer, drain or tunnel in or under the place; and temporarily stopping or diverting traffic on or from the place; and building drains, excavations, subways and tunnels in or under the place. The application of this section could, in a particular case, be affected by the Native Title Act 1993 (Cwlth) .\n(sec.101-ssec.2) A regulation may make provision about the obligations and rights of electricity entities taking action in publicly controlled places, including, for example— notice to be given before taking action; and timing of work; and procedures to be followed on the breaking up of anything in, on or under the place.\n(sec.101-ssec.3) This section is subject to sections 102 and 104 .\n- (a) opening and breaking up the soil and pavement of the place; and\n- (b) cutting, lopping, or removing trees and other vegetation growing in or over the place; and\n- (c) opening or breaking up a sewer, drain or tunnel in or under the place; and\n- (d) temporarily stopping or diverting traffic on or from the place; and\n- (e) building drains, excavations, subways and tunnels in or under the place.\n- (a) notice to be given before taking action; and\n- (b) timing of work; and\n- (c) procedures to be followed on the breaking up of anything in, on or under the place.","sortOrder":263},{"sectionNumber":"sec.102","sectionType":"section","heading":"Works on roads","content":"### sec.102 Works on roads\n\nAn electricity entity may do any of the following things on a road—\nbuild or remove, or alter (other than for maintenance or repair), its electric lines or other works;\nmaintain, repair or alter for maintenance or repair, its electric lines or other works;\nstop obstruction or potential obstruction to, or interference or potential interference with, its electric lines or other works.\nHowever, the electricity entity may do things mentioned in subsection (1) (a) only if it has the written agreement of the road authority.\nSubsection (2B) applies if the electricity entity proposes to do a thing mentioned in subsection (1) (a) on a road on which light rail is located.\nBefore giving the written agreement mentioned in subsection (2) , the road authority must consult with the light rail operator for the light rail.\nThe road authority or light rail operator for a light rail must not unreasonably withhold agreement.\nIf asked in writing by the electricity entity, the road authority must give the entity information about lines and levels for any planned roadworks necessary to enable the entity to minimise possible adverse effects of the entity’s works on roadworks.\ns 102 amd 2011 No. 12 s 16\n(sec.102-ssec.1) An electricity entity may do any of the following things on a road— build or remove, or alter (other than for maintenance or repair), its electric lines or other works; maintain, repair or alter for maintenance or repair, its electric lines or other works; stop obstruction or potential obstruction to, or interference or potential interference with, its electric lines or other works.\n(sec.102-ssec.2) However, the electricity entity may do things mentioned in subsection (1) (a) only if it has the written agreement of the road authority.\n(sec.102-ssec.2A) Subsection (2B) applies if the electricity entity proposes to do a thing mentioned in subsection (1) (a) on a road on which light rail is located.\n(sec.102-ssec.2B) Before giving the written agreement mentioned in subsection (2) , the road authority must consult with the light rail operator for the light rail.\n(sec.102-ssec.3) The road authority or light rail operator for a light rail must not unreasonably withhold agreement.\n(sec.102-ssec.4) If asked in writing by the electricity entity, the road authority must give the entity information about lines and levels for any planned roadworks necessary to enable the entity to minimise possible adverse effects of the entity’s works on roadworks.\n- (a) build or remove, or alter (other than for maintenance or repair), its electric lines or other works;\n- (b) maintain, repair or alter for maintenance or repair, its electric lines or other works;\n- (c) stop obstruction or potential obstruction to, or interference or potential interference with, its electric lines or other works.","sortOrder":264},{"sectionNumber":"sec.103","sectionType":"section","heading":"Electricity entity to consult with road authority before replacing works","content":"### sec.103 Electricity entity to consult with road authority before replacing works\n\nBefore an electricity entity replaces the whole or a substantial proportion of its electric lines or other works on a road, the entity must consult with the road authority responsible for the road.\nThe object of the consultation is to identify any mutually beneficial arrangements for the replacement of the works having regard to existing development plans for the road.\n(sec.103-ssec.1) Before an electricity entity replaces the whole or a substantial proportion of its electric lines or other works on a road, the entity must consult with the road authority responsible for the road.\n(sec.103-ssec.2) The object of the consultation is to identify any mutually beneficial arrangements for the replacement of the works having regard to existing development plans for the road.","sortOrder":265},{"sectionNumber":"sec.104","sectionType":"section","heading":"Regulation may declare restricted road","content":"### sec.104 Regulation may declare restricted road\n\nA regulation may—\ndeclare a road, or part of a road, to be a restricted road; and\nfor a restricted road—impose restrictions about building new works or altering or removing existing works on the road.\nAn electricity entity must comply with the regulation.\n(sec.104-ssec.1) A regulation may— declare a road, or part of a road, to be a restricted road; and for a restricted road—impose restrictions about building new works or altering or removing existing works on the road.\n(sec.104-ssec.2) An electricity entity must comply with the regulation.\n- (a) declare a road, or part of a road, to be a restricted road; and\n- (b) for a restricted road—impose restrictions about building new works or altering or removing existing works on the road.","sortOrder":266},{"sectionNumber":"sec.105","sectionType":"section","heading":"Electricity entity to comply with road authority’s agreement etc.","content":"### sec.105 Electricity entity to comply with road authority’s agreement etc.\n\nIf an electricity entity builds or removes, or alters (other than for maintenance or repair), its electric lines or other works in a road (the contravening conduct ), without the agreement of the road authority for the road or in contravention of a regulation or an agreement with the road authority, the regulator may, by written notice given to the entity, require the entity, at its cost and within the period stated in the notice, to take action to remedy the contravening conduct.\nIf the electricity entity does not comply with the notice, the regulator may arrange for the action the regulator considers necessary to remedy the contravening conduct to be carried out.\nThe costs reasonably incurred by the regulator in arranging for the action to be carried out are a debt payable by the electricity entity to the State.\nThis section does not limit the powers of a road authority under another Act.\n(sec.105-ssec.1) If an electricity entity builds or removes, or alters (other than for maintenance or repair), its electric lines or other works in a road (the contravening conduct ), without the agreement of the road authority for the road or in contravention of a regulation or an agreement with the road authority, the regulator may, by written notice given to the entity, require the entity, at its cost and within the period stated in the notice, to take action to remedy the contravening conduct.\n(sec.105-ssec.2) If the electricity entity does not comply with the notice, the regulator may arrange for the action the regulator considers necessary to remedy the contravening conduct to be carried out.\n(sec.105-ssec.3) The costs reasonably incurred by the regulator in arranging for the action to be carried out are a debt payable by the electricity entity to the State.\n(sec.105-ssec.4) This section does not limit the powers of a road authority under another Act.","sortOrder":267},{"sectionNumber":"sec.106","sectionType":"section","heading":"Public entity may require electricity entity to alter position of works","content":"### sec.106 Public entity may require electricity entity to alter position of works\n\nA public entity may require an electricity entity to alter the position of the electricity entity’s works in a publicly controlled place if the works could interfere with the exercise of the public entity’s powers for the place.\nThe public entity is responsible only for the cost of altering the position of the works.\nIn this section—\npublicly controlled place does not include a light rail.\ns 106 amd 2011 No. 12 s 17\n(sec.106-ssec.1) A public entity may require an electricity entity to alter the position of the electricity entity’s works in a publicly controlled place if the works could interfere with the exercise of the public entity’s powers for the place.\n(sec.106-ssec.2) The public entity is responsible only for the cost of altering the position of the works.\n(sec.106-ssec.3) In this section— publicly controlled place does not include a light rail.","sortOrder":268},{"sectionNumber":"ch.4-pt.4-div.3","sectionType":"division","heading":"Works on railway land","content":"## Works on railway land","sortOrder":269},{"sectionNumber":"sec.107","sectionType":"section","heading":"Agreement for works of electricity entities affecting railways","content":"### sec.107 Agreement for works of electricity entities affecting railways\n\nAn electricity entity may build, alter or remove works on a railway or break up a railway only if it has the railway operator’s written agreement.\nThe railway operator must not unreasonably withhold its agreement.\n(sec.107-ssec.1) An electricity entity may build, alter or remove works on a railway or break up a railway only if it has the railway operator’s written agreement.\n(sec.107-ssec.2) The railway operator must not unreasonably withhold its agreement.","sortOrder":270},{"sectionNumber":"sec.108","sectionType":"section","heading":"Removal of works","content":"### sec.108 Removal of works\n\nA railway operator may require an electricity entity to remove or relocate the entity’s works built with its agreement if the removal or relocation is in accordance with—\nthe agreement or another agreement between the entity and operator; or\na resolution of a dispute between the entity and operator.\nThe electricity entity must pay the cost of the removal or relocation, unless an agreement or resolution mentioned in subsection (1) otherwise provides.\n(sec.108-ssec.1) A railway operator may require an electricity entity to remove or relocate the entity’s works built with its agreement if the removal or relocation is in accordance with— the agreement or another agreement between the entity and operator; or a resolution of a dispute between the entity and operator.\n(sec.108-ssec.2) The electricity entity must pay the cost of the removal or relocation, unless an agreement or resolution mentioned in subsection (1) otherwise provides.\n- (a) the agreement or another agreement between the entity and operator; or\n- (b) a resolution of a dispute between the entity and operator.","sortOrder":271},{"sectionNumber":"sec.109","sectionType":"section","heading":"Works impairing railway signalling or communication lines","content":"### sec.109 Works impairing railway signalling or communication lines\n\nAn electricity entity must not build works, or carry out any other work for the supply of electricity, in a way that impairs, through induction or otherwise, the efficient use of a railway operator’s existing signalling or communication line.\nAn electricity entity and a railway operator may agree to relocate or protect a signalling or communication line to ensure its efficient use is not impaired.\nThe electricity entity must pay the cost of relocating or protecting the signalling or communication line, unless an agreement between the entity and railway operator otherwise provides.\nIn this section—\nrailway operator includes the following—\nlight rail manager for a light rail;\nlight rail operator for a light rail.\ns 109 amd 2011 No. 12 s 18\n(sec.109-ssec.1) An electricity entity must not build works, or carry out any other work for the supply of electricity, in a way that impairs, through induction or otherwise, the efficient use of a railway operator’s existing signalling or communication line.\n(sec.109-ssec.2) An electricity entity and a railway operator may agree to relocate or protect a signalling or communication line to ensure its efficient use is not impaired.\n(sec.109-ssec.3) The electricity entity must pay the cost of relocating or protecting the signalling or communication line, unless an agreement between the entity and railway operator otherwise provides.\n(sec.109-ssec.4) In this section— railway operator includes the following— light rail manager for a light rail; light rail operator for a light rail.\n- (a) light rail manager for a light rail;\n- (b) light rail operator for a light rail.","sortOrder":272},{"sectionNumber":"sec.110","sectionType":"section","heading":"Building by railway operator of signalling or communication line likely to be affected by electricity entity’s works etc.","content":"### sec.110 Building by railway operator of signalling or communication line likely to be affected by electricity entity’s works etc.\n\nIf a railway operator proposes to build or relocate a signalling or communication line that could be adversely affected by interference from an electricity entity’s existing works, the operator must—\nensure the signalling or communication line is built or relocated so as not to be adversely affected; or\nask the entity to relocate or alter the works to protect adequately the signalling or communication line.\nThe railway operator must pay the cost of relocating or altering works under subsection (1) (b) .\nIn this section—\nrailway operator includes the following—\nlight rail manager for a light rail;\nlight rail operator for a light rail.\ns 110 amd 2011 No. 12 s 19\n(sec.110-ssec.1) If a railway operator proposes to build or relocate a signalling or communication line that could be adversely affected by interference from an electricity entity’s existing works, the operator must— ensure the signalling or communication line is built or relocated so as not to be adversely affected; or ask the entity to relocate or alter the works to protect adequately the signalling or communication line.\n(sec.110-ssec.2) The railway operator must pay the cost of relocating or altering works under subsection (1) (b) .\n(sec.110-ssec.3) In this section— railway operator includes the following— light rail manager for a light rail; light rail operator for a light rail.\n- (a) ensure the signalling or communication line is built or relocated so as not to be adversely affected; or\n- (b) ask the entity to relocate or alter the works to protect adequately the signalling or communication line.\n- (a) light rail manager for a light rail;\n- (b) light rail operator for a light rail.","sortOrder":273},{"sectionNumber":"ch.4-pt.4-div.4","sectionType":"division","heading":"Works on protected areas","content":"## Works on protected areas","sortOrder":274},{"sectionNumber":"sec.111","sectionType":"section","heading":"Building of works on protected areas","content":"### sec.111 Building of works on protected areas\n\nAn electricity entity must not build, replace or alter electric lines or other works in a protected area unless the entity acts under a written agreement of the Minister administering the Nature Conservation Act 1992 .\nMaximum penalty—8 penalty units.\nIn deciding whether to agree, the Minister must take into account—\nthe extent and significance of the disturbance building the works will, or is likely to, cause to the protected area; and\nthe electricity entity’s report on alternative routes or positions for building the works outside the protected area; and\nthe extent of any disability or disadvantage in using an alternative route or position.\nAgreement may be given on conditions the Minister considers necessary to minimise interference to the protected area.\n(sec.111-ssec.1) An electricity entity must not build, replace or alter electric lines or other works in a protected area unless the entity acts under a written agreement of the Minister administering the Nature Conservation Act 1992 . Maximum penalty—8 penalty units.\n(sec.111-ssec.2) In deciding whether to agree, the Minister must take into account— the extent and significance of the disturbance building the works will, or is likely to, cause to the protected area; and the electricity entity’s report on alternative routes or positions for building the works outside the protected area; and the extent of any disability or disadvantage in using an alternative route or position.\n(sec.111-ssec.3) Agreement may be given on conditions the Minister considers necessary to minimise interference to the protected area.\n- (a) the extent and significance of the disturbance building the works will, or is likely to, cause to the protected area; and\n- (b) the electricity entity’s report on alternative routes or positions for building the works outside the protected area; and\n- (c) the extent of any disability or disadvantage in using an alternative route or position.","sortOrder":275},{"sectionNumber":"ch.4-pt.4-div.4A","sectionType":"division","heading":null,"content":"","sortOrder":276},{"sectionNumber":"sec.111A","sectionType":"section","heading":null,"content":"### Section sec.111A\n\ns 111A ins 1996 No. 28 s 3\nom 2001 No. 100 s 90","sortOrder":277},{"sectionNumber":"sec.111B","sectionType":"section","heading":null,"content":"### Section sec.111B\n\ns 111B ins 1996 No. 28 s 3\nom 2001 No. 100 s 90","sortOrder":278},{"sectionNumber":"sec.111C","sectionType":"section","heading":null,"content":"### Section sec.111C\n\ns 111C ins 1996 No. 28 s 3\nom 2001 No. 100 s 90","sortOrder":279},{"sectionNumber":"sec.111D","sectionType":"section","heading":null,"content":"### Section sec.111D\n\ns 111D ins 1996 No. 28 s 3\nom 2001 No. 100 s 90","sortOrder":280},{"sectionNumber":"sec.111E","sectionType":"section","heading":null,"content":"### Section sec.111E\n\ns 111E ins 1996 No. 28 s 3\nom 2001 No. 100 s 90","sortOrder":281},{"sectionNumber":"sec.111F","sectionType":"section","heading":null,"content":"### Section sec.111F\n\ns 111F ins 1996 No. 28 s 3\nom 2001 No. 100 s 90","sortOrder":282},{"sectionNumber":"sec.111G","sectionType":"section","heading":null,"content":"### Section sec.111G\n\ns 111G ins 1996 No. 28 s 30\nom 2001 No. 100 s 90","sortOrder":283},{"sectionNumber":"ch.4-pt.4-div.5","sectionType":"division","heading":"Other matters about an electricity entity’s works","content":"## Other matters about an electricity entity’s works","sortOrder":284},{"sectionNumber":"sec.112","sectionType":"section","heading":"Future owner or occupier of place taken to have consented to building of works","content":"### sec.112 Future owner or occupier of place taken to have consented to building of works\n\nIf electric lines or other works are built by an electricity entity in a place with the owner’s consent, the occupier and a person who later becomes the owner or occupier of the place is taken to have also consented.\nIf electric lines or other works are built by an electricity entity in a place with the occupier’s consent, a person who later becomes the occupier of the place is taken to have also consented.\nHowever, the owner or occupier may require the electricity entity to remove and relocate the works if the owner or occupier pays the cost, or a contribution acceptable to the entity towards the cost, of the removal and relocation.\nIf, before the commencement, an electricity entity’s works have been placed on land in which the entity does not have an interest (other than an interest in the works or their use), the entity is taken to have built and maintained the works on the land with the consent of the land’s owner unless the contrary is proved.\n(sec.112-ssec.1) If electric lines or other works are built by an electricity entity in a place with the owner’s consent, the occupier and a person who later becomes the owner or occupier of the place is taken to have also consented.\n(sec.112-ssec.2) If electric lines or other works are built by an electricity entity in a place with the occupier’s consent, a person who later becomes the occupier of the place is taken to have also consented.\n(sec.112-ssec.3) However, the owner or occupier may require the electricity entity to remove and relocate the works if the owner or occupier pays the cost, or a contribution acceptable to the entity towards the cost, of the removal and relocation.\n(sec.112-ssec.4) If, before the commencement, an electricity entity’s works have been placed on land in which the entity does not have an interest (other than an interest in the works or their use), the entity is taken to have built and maintained the works on the land with the consent of the land’s owner unless the contrary is proved.","sortOrder":285},{"sectionNumber":"sec.112A","sectionType":"section","heading":"Clearing vegetation on freehold land for operating works","content":"### sec.112A Clearing vegetation on freehold land for operating works\n\nThis section applies despite the Planning Act .\nClearing vegetation on freehold land is accepted development for the Planning Act if the clearing—\nis for operating works for a transmission entity or distribution entity; and\nis on premises the subject of a designation under the Planning Act for a type of infrastructure that is, or includes, the operating works.\nIn this section—\nPlanning Act means the Planning Act 2016 .\nvegetation see the Vegetation Management Act 1999 , section 8 .\ns 112A ins 2001 No. 100 s 91\namd 2005 No. 51 s 4 ; 2009 No. 36 s 872 sch 2\nsub 2016 No. 27 s 203\n(sec.112A-ssec.1) This section applies despite the Planning Act .\n(sec.112A-ssec.2) Clearing vegetation on freehold land is accepted development for the Planning Act if the clearing— is for operating works for a transmission entity or distribution entity; and is on premises the subject of a designation under the Planning Act for a type of infrastructure that is, or includes, the operating works.\n(sec.112A-ssec.3) In this section— Planning Act means the Planning Act 2016 . vegetation see the Vegetation Management Act 1999 , section 8 .\n- (a) is for operating works for a transmission entity or distribution entity; and\n- (b) is on premises the subject of a designation under the Planning Act for a type of infrastructure that is, or includes, the operating works.","sortOrder":286},{"sectionNumber":"sec.113","sectionType":"section","heading":"Works remain property of electricity entity","content":"### sec.113 Works remain property of electricity entity\n\nWorks built in a place by an electricity entity remain the entity’s property even if the place is not under its control.\nDespite subsection (1) , the electricity entity may agree with the owner of the place that the works do not remain the entity’s property.\nIn this section—\nplace includes a building, railway, reserve, road, tramway and waterway.\n(sec.113-ssec.1) Works built in a place by an electricity entity remain the entity’s property even if the place is not under its control.\n(sec.113-ssec.2) Despite subsection (1) , the electricity entity may agree with the owner of the place that the works do not remain the entity’s property.\n(sec.113-ssec.3) In this section— place includes a building, railway, reserve, road, tramway and waterway.","sortOrder":287},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Authority to transmit over land","content":"### sec.113A Authority to transmit over land\n\nA transmission entity is authorised to operate works to transmit electricity across, over or through the following land—\nland that it owns;\nland over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works.\nSubsection (1) (b) applies whether or not the easement, licence, agreement or consent authorises the transmission.\ns 113A ins 2004 No. 50 s 5\n(sec.113A-ssec.1) A transmission entity is authorised to operate works to transmit electricity across, over or through the following land— land that it owns; land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works.\n(sec.113A-ssec.2) Subsection (1) (b) applies whether or not the easement, licence, agreement or consent authorises the transmission.\n- (a) land that it owns;\n- (b) land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works.","sortOrder":288},{"sectionNumber":"sec.113B","sectionType":"section","heading":"Authority to supply over land","content":"### sec.113B Authority to supply over land\n\nA distribution entity is authorised to operate works to supply electricity using a supply network across, over or through the following land—\nland that it owns;\nland over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works.\nSubsection (1) (b) applies whether or not the easement, licence, agreement or consent authorises the supply.\ns 113B ins 2004 No. 50 s 5\n(sec.113B-ssec.1) A distribution entity is authorised to operate works to supply electricity using a supply network across, over or through the following land— land that it owns; land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works.\n(sec.113B-ssec.2) Subsection (1) (b) applies whether or not the easement, licence, agreement or consent authorises the supply.\n- (a) land that it owns;\n- (b) land over which it holds the benefit of an easement, licence or other agreement or a consent mentioned in section 112 in relation to the works.","sortOrder":289},{"sectionNumber":"sec.114","sectionType":"section","heading":"Compensation payable by electricity entity for damage etc.","content":"### sec.114 Compensation payable by electricity entity for damage etc.\n\nIn exercising a power under this part, an electricity entity must do as little damage as is practicable.\nAn electricity entity must fully compensate a person for damage to the person’s property caused by the exercise of a power under this part.\nSubsection (2) is subject to sections 97 and 97A .\ns 114 amd 2004 No. 50 s 6\n(sec.114-ssec.1) In exercising a power under this part, an electricity entity must do as little damage as is practicable.\n(sec.114-ssec.2) An electricity entity must fully compensate a person for damage to the person’s property caused by the exercise of a power under this part.\n(sec.114-ssec.3) Subsection (2) is subject to sections 97 and 97A .","sortOrder":290},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Entry onto and acquisition of land","content":"# Entry onto and acquisition of land","sortOrder":291},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Entry onto land","content":"## Entry onto land","sortOrder":292},{"sectionNumber":"sec.115","sectionType":"section","heading":"Authority to enter onto land for proposed works etc.","content":"### sec.115 Authority to enter onto land for proposed works etc.\n\nThe Minister may, by gazette notice, authorise an electricity entity (and its employees and agents) to enter onto land, and remain on it for as long as necessary, to decide the suitability of the land for the entity’s proposed works.\nThe authority must state—\nthe electricity entity to which it is given; and\nwhether it applies to any land or only to particular land; and\nwhether it applies to any proposed works or only to particular works; and\nthe things the entity may do on land entered under it; and\nthe period of the authority.\nThe authority may—\nstate the conditions or restrictions to which it is subject; and\nmake provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority.\n(sec.115-ssec.1) The Minister may, by gazette notice, authorise an electricity entity (and its employees and agents) to enter onto land, and remain on it for as long as necessary, to decide the suitability of the land for the entity’s proposed works.\n(sec.115-ssec.2) The authority must state— the electricity entity to which it is given; and whether it applies to any land or only to particular land; and whether it applies to any proposed works or only to particular works; and the things the entity may do on land entered under it; and the period of the authority.\n(sec.115-ssec.3) The authority may— state the conditions or restrictions to which it is subject; and make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority.\n- (a) the electricity entity to which it is given; and\n- (b) whether it applies to any land or only to particular land; and\n- (c) whether it applies to any proposed works or only to particular works; and\n- (d) the things the entity may do on land entered under it; and\n- (e) the period of the authority.\n- (a) state the conditions or restrictions to which it is subject; and\n- (b) make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority.","sortOrder":293},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Acquisition of land","content":"## Acquisition of land","sortOrder":294},{"sectionNumber":"sec.116","sectionType":"section","heading":"Authority to take land","content":"### sec.116 Authority to take land\n\nThe Minister may, by gazette notice, authorise an electricity entity to take land for works, including proposed works.\nThe Minister must consider the objects of this Act when authorising an electricity entity under subsection (1) .\nThe authority must state—\nthe electricity entity to which it is given; and\nwhether it applies to any land or only to particular land; and\nwhether it applies to any works or only to particular works; and\nthe period of the authority.\nThe authority may—\nstate the conditions or restrictions to which it is subject; and\nmake provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority.\nOn the commencement of this subsection, each of the following electricity entities is taken to be authorised, under subsection (1) , to take any land for any works, including proposed works, for the period starting on the commencement and ending on the revocation of the authorisation under subsection (7) —\nEnergex Limited ACN 078 849 055;\nErgon Energy Distribution;\nQETC.\nThe process for the taking of land and the payment of compensation for taking land under the Acquisition of Land Act 1967 , part 2 , divisions 2 and 3 , and parts 3 and 4 , applies to an authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) as if—\nit were a constructing authority; and\nland mentioned in the Act included land held from the State for a lesser interest than freehold; and\nthe purposes for which land may be taken for the entity included—\nbuilding works, including for example, relocating property for the works and lessening adverse environmental effects; and\nany other public purpose within the meaning of the Land Act 1994 related to works.\nAlso, the Acquisition of Land Act 1967 , sections 36 and 37 apply in relation to the taking of land under subsection (4) as if the authorised electricity entity were exercising its power to take land, as a constructing authority, under that Act.\nThe Land Act 1994 , section 218 applies to an authorised electricity entity as if it were a constructing authority.\nAn authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) may take land under the authority even if another entity may derive a benefit from any action taken on the land after it is taken.\nA regulation may make provision about the taking of land by or for an authorised electricity entity.\nTo remove any doubt, it is declared that the Minister may, by gazette notice, amend or revoke an authorisation mentioned in subsection (3A) .\nAlso, to remove any doubt, it is declared that the taking of land under an authority granted under this section is not a taking of land under the Acquisition of Land Act 1967 .\nIn this section—\nauthorised electricity entity means an entity authorised, or taken to be authorised, under subsection (1) , to take land.\ns 116 amd 1997 No. 77 s 36 ; 2003 No. 28 s 8 ; 2014 No. 48 s 52 ; 2024 No. 33 s 4\n(sec.116-ssec.1) The Minister may, by gazette notice, authorise an electricity entity to take land for works, including proposed works.\n(sec.116-ssec.1A) The Minister must consider the objects of this Act when authorising an electricity entity under subsection (1) .\n(sec.116-ssec.2) The authority must state— the electricity entity to which it is given; and whether it applies to any land or only to particular land; and whether it applies to any works or only to particular works; and the period of the authority.\n(sec.116-ssec.3) The authority may— state the conditions or restrictions to which it is subject; and make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority.\n(sec.116-ssec.3A) On the commencement of this subsection, each of the following electricity entities is taken to be authorised, under subsection (1) , to take any land for any works, including proposed works, for the period starting on the commencement and ending on the revocation of the authorisation under subsection (7) — Energex Limited ACN 078 849 055; Ergon Energy Distribution; QETC.\n(sec.116-ssec.4) The process for the taking of land and the payment of compensation for taking land under the Acquisition of Land Act 1967 , part 2 , divisions 2 and 3 , and parts 3 and 4 , applies to an authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) as if— it were a constructing authority; and land mentioned in the Act included land held from the State for a lesser interest than freehold; and the purposes for which land may be taken for the entity included— building works, including for example, relocating property for the works and lessening adverse environmental effects; and any other public purpose within the meaning of the Land Act 1994 related to works.\n(sec.116-ssec.4A) Also, the Acquisition of Land Act 1967 , sections 36 and 37 apply in relation to the taking of land under subsection (4) as if the authorised electricity entity were exercising its power to take land, as a constructing authority, under that Act.\n(sec.116-ssec.5) The Land Act 1994 , section 218 applies to an authorised electricity entity as if it were a constructing authority.\n(sec.116-ssec.5A) An authorised electricity entity acting under an authority given, or taken to be given, under subsection (1) may take land under the authority even if another entity may derive a benefit from any action taken on the land after it is taken.\n(sec.116-ssec.6) A regulation may make provision about the taking of land by or for an authorised electricity entity.\n(sec.116-ssec.7) To remove any doubt, it is declared that the Minister may, by gazette notice, amend or revoke an authorisation mentioned in subsection (3A) .\n(sec.116-ssec.7A) Also, to remove any doubt, it is declared that the taking of land under an authority granted under this section is not a taking of land under the Acquisition of Land Act 1967 .\n(sec.116-ssec.8) In this section— authorised electricity entity means an entity authorised, or taken to be authorised, under subsection (1) , to take land.\n- (a) the electricity entity to which it is given; and\n- (b) whether it applies to any land or only to particular land; and\n- (c) whether it applies to any works or only to particular works; and\n- (d) the period of the authority.\n- (a) state the conditions or restrictions to which it is subject; and\n- (b) make provision about the effect of breaches of the conditions or restrictions or the continuation or suspension of the authority.\n- (a) Energex Limited ACN 078 849 055;\n- (b) Ergon Energy Distribution;\n- (c) QETC.\n- (a) it were a constructing authority; and\n- (b) land mentioned in the Act included land held from the State for a lesser interest than freehold; and\n- (c) the purposes for which land may be taken for the entity included— (i) building works, including for example, relocating property for the works and lessening adverse environmental effects; and (ii) any other public purpose within the meaning of the Land Act 1994 related to works.\n- (i) building works, including for example, relocating property for the works and lessening adverse environmental effects; and\n- (ii) any other public purpose within the meaning of the Land Act 1994 related to works.\n- (i) building works, including for example, relocating property for the works and lessening adverse environmental effects; and\n- (ii) any other public purpose within the meaning of the Land Act 1994 related to works.","sortOrder":295},{"sectionNumber":"sec.116A","sectionType":"section","heading":"Authority to create easements over forest land","content":"### sec.116A Authority to create easements over forest land\n\nDespite the Forestry Act 1959 , sections 26 (1A) and 28 (3) but subject to the Land Act 1994 , section 362 , the Governor in Council may, at the request of an electricity entity, authorise the creation of an easement for the entity over forest land for the entity’s works, including proposed works.\nSection 116 (2) and (3) applies to the authority with all necessary changes.\nIn this section—\nforest land means land that is a State forest or a timber reserve within the meaning of the Forestry Act 1959 , schedule 3 .\ns 116A ins 1997 No. 26 s 31\n(sec.116A-ssec.1) Despite the Forestry Act 1959 , sections 26 (1A) and 28 (3) but subject to the Land Act 1994 , section 362 , the Governor in Council may, at the request of an electricity entity, authorise the creation of an easement for the entity over forest land for the entity’s works, including proposed works.\n(sec.116A-ssec.2) Section 116 (2) and (3) applies to the authority with all necessary changes.\n(sec.116A-ssec.3) In this section— forest land means land that is a State forest or a timber reserve within the meaning of the Forestry Act 1959 , schedule 3 .","sortOrder":296},{"sectionNumber":"sec.116B","sectionType":"section","heading":"Easements to include carriage services","content":"### sec.116B Easements to include carriage services\n\nDespite anything to the contrary in any Act or instrument, an easement, licence or consent to which a transmission or distribution entity is entitled may be used by the entity or another person authorised by the entity for the provision of a carriage service or content service.\nThis section does not authorise a transmission or distribution entity to take land under the Acquisition of Land Act 1967 only for a carriage service or content service.\nIn this section—\ncarriage service has the meaning given in the Telecommunications Act 1997 (Cwlth) .\ncontent service has the meaning given in the Telecommunications Act 1997 (Cwlth) .\nThe attachment contains extracts of the relevant provisions of the Telecommunications Act 1997 (Cwlth) .\ns 116B ins 1997 No. 50 s 19\n(sec.116B-ssec.1) Despite anything to the contrary in any Act or instrument, an easement, licence or consent to which a transmission or distribution entity is entitled may be used by the entity or another person authorised by the entity for the provision of a carriage service or content service.\n(sec.116B-ssec.2) This section does not authorise a transmission or distribution entity to take land under the Acquisition of Land Act 1967 only for a carriage service or content service.\n(sec.116B-ssec.3) In this section— carriage service has the meaning given in the Telecommunications Act 1997 (Cwlth) . content service has the meaning given in the Telecommunications Act 1997 (Cwlth) . The attachment contains extracts of the relevant provisions of the Telecommunications Act 1997 (Cwlth) .","sortOrder":297},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":298},{"sectionNumber":"sec.117","sectionType":"section","heading":"Resolution of certain disputes between electricity entities or between electricity entities and public entities","content":"### sec.117 Resolution of certain disputes between electricity entities or between electricity entities and public entities\n\nThis section applies to—\ndisputes arising under part 4 between an electricity entity and a public entity; and\ndisputes arising under this Act between electricity entities.\nHowever, this section does not apply to disputes that are regulated by QCA or under the National Electricity Rules or to a dispute about what is a chargeable amount under section 309 .\nAny party to the dispute may refer the issue to the regulator.\nThe regulator may give instructions about procedures to be followed by the parties to attempt to resolve the dispute before the regulator will attempt to resolve it.\nThe regulator may require a party to supply information the regulator considers necessary to enable the dispute to be resolved.\nThe regulator may—\ndecline to act in a dispute; or\nseek to resolve the dispute with the parties or someone else, other than a court, responsible for dealing with disputes involving 1 or more of the parties.\nIf the regulator can not resolve the dispute, the matter may be decided by the Governor in Council.\nThe Governor in Council may decide the matter without giving the parties an opportunity to make representations to, or to be heard by, the Governor in Council.\nThe decision of the Governor in Council is binding on the parties.\nThis section does not prevent an entity from exercising another right before a court or tribunal.\ns 117 amd 1997 No. 77 s 37 ; 2004 No. 53 s 2 sch ; 2004 No. 50 s 7 ; 2005 No. 51 s 3 sch ; 2013 No. 42 s 4\n(sec.117-ssec.1) This section applies to— disputes arising under part 4 between an electricity entity and a public entity; and disputes arising under this Act between electricity entities.\n(sec.117-ssec.1A) However, this section does not apply to disputes that are regulated by QCA or under the National Electricity Rules or to a dispute about what is a chargeable amount under section 309 .\n(sec.117-ssec.2) Any party to the dispute may refer the issue to the regulator.\n(sec.117-ssec.3) The regulator may give instructions about procedures to be followed by the parties to attempt to resolve the dispute before the regulator will attempt to resolve it.\n(sec.117-ssec.4) The regulator may require a party to supply information the regulator considers necessary to enable the dispute to be resolved.\n(sec.117-ssec.5) The regulator may— decline to act in a dispute; or seek to resolve the dispute with the parties or someone else, other than a court, responsible for dealing with disputes involving 1 or more of the parties.\n(sec.117-ssec.6) If the regulator can not resolve the dispute, the matter may be decided by the Governor in Council.\n(sec.117-ssec.7) The Governor in Council may decide the matter without giving the parties an opportunity to make representations to, or to be heard by, the Governor in Council.\n(sec.117-ssec.8) The decision of the Governor in Council is binding on the parties.\n(sec.117-ssec.9) This section does not prevent an entity from exercising another right before a court or tribunal.\n- (a) disputes arising under part 4 between an electricity entity and a public entity; and\n- (b) disputes arising under this Act between electricity entities.\n- (a) decline to act in a dispute; or\n- (b) seek to resolve the dispute with the parties or someone else, other than a court, responsible for dealing with disputes involving 1 or more of the parties.","sortOrder":299},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 sub 1997 No. 26 s 32\namd 2006 No. 60 s 26\nom 2014 No. 48 s 53","sortOrder":300},{"sectionNumber":"sec.118A","sectionType":"section","heading":"Distribution entity may recover amount for connection and supply of electricity to a person","content":"### sec.118A Distribution entity may recover amount for connection and supply of electricity to a person\n\nIf—\na person occupies premises that are connected and supplied with electricity by a distribution entity during the person’s occupancy; and\nthe distribution entity has not been paid for the connection and supply;\nthe amount the distribution entity is entitled to charge for the connection and supply is a debt owing by the person to the distribution entity.\ns 118A ins 1997 No. 26 s 32\n- (a) a person occupies premises that are connected and supplied with electricity by a distribution entity during the person’s occupancy; and\n- (b) the distribution entity has not been paid for the connection and supply;","sortOrder":301},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 amd 1997 No. 77 s 38 ; 2000 No. 39 s 9 ; 2001 No. 82 s 11 ; 2004 No. 51 s 19 ; 2004 No. 50 s 8\nom 2006 No. 60 s 27","sortOrder":302},{"sectionNumber":"sec.119A","sectionType":"section","heading":null,"content":"### Section sec.119A\n\ns 119A ins 2003 No. 34 s 170\nom 2006 No. 60 s 27","sortOrder":303},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Regulator","content":"# Regulator","sortOrder":304},{"sectionNumber":"sec.120","sectionType":"section","heading":"Regulator’s power to require information from electricity entities or retailers","content":"### sec.120 Regulator’s power to require information from electricity entities or retailers\n\nAn electricity entity or retailer must give the regulator the information the regulator reasonably requires to enable the regulator to perform the regulator’s functions.\nThe information must be given within a reasonable time after the regulator asks for it.\nHowever, this section does not require the electricity entity or retailer to give information if giving the information might tend to incriminate the entity or retailer.\ns 120 amd 2014 No. 48 s 54\n(sec.120-ssec.1) An electricity entity or retailer must give the regulator the information the regulator reasonably requires to enable the regulator to perform the regulator’s functions.\n(sec.120-ssec.2) The information must be given within a reasonable time after the regulator asks for it.\n(sec.120-ssec.3) However, this section does not require the electricity entity or retailer to give information if giving the information might tend to incriminate the entity or retailer.","sortOrder":305},{"sectionNumber":"sec.120AA","sectionType":"section","heading":"Regulator’s powers concerning audit of compliance with Act etc.","content":"### sec.120AA Regulator’s powers concerning audit of compliance with Act etc.\n\nThe regulator may, by written notice given to an electricity entity, retailer or special approval holder, require the entity, retailer or holder—\nto carry out an internal audit of all or any of the following—\nthe entity, retailer or holder’s compliance with this Act, distribution network codes, and the authority issued or approval given to it under this Act;\nthe reliability and quality of information given by the entity, retailer or holder to the regulator under this Act; or\nto appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a) .\nThe notice may state terms of reference for carrying out the audit.\nThe regulator may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1) (a) concerning the entity, retailer or holder if—\nthe regulator reasonably considers that the person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit; or\nthe entity, retailer or holder does not comply with a notice given to it under the subsection.\nA person may be appointed as an independent auditor under subsection (1) (b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit.\ns 120AA ins 2004 No. 51 s 20\namd 2006 No. 60 s 28 ; 2014 No. 48 ss 55 , 183 sch 1\n(sec.120AA-ssec.1) The regulator may, by written notice given to an electricity entity, retailer or special approval holder, require the entity, retailer or holder— to carry out an internal audit of all or any of the following— the entity, retailer or holder’s compliance with this Act, distribution network codes, and the authority issued or approval given to it under this Act; the reliability and quality of information given by the entity, retailer or holder to the regulator under this Act; or to appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a) .\n(sec.120AA-ssec.2) The notice may state terms of reference for carrying out the audit.\n(sec.120AA-ssec.3) The regulator may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1) (a) concerning the entity, retailer or holder if— the regulator reasonably considers that the person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit; or the entity, retailer or holder does not comply with a notice given to it under the subsection.\n(sec.120AA-ssec.4) A person may be appointed as an independent auditor under subsection (1) (b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit.\n- (a) to carry out an internal audit of all or any of the following— (i) the entity, retailer or holder’s compliance with this Act, distribution network codes, and the authority issued or approval given to it under this Act; (ii) the reliability and quality of information given by the entity, retailer or holder to the regulator under this Act; or\n- (i) the entity, retailer or holder’s compliance with this Act, distribution network codes, and the authority issued or approval given to it under this Act;\n- (ii) the reliability and quality of information given by the entity, retailer or holder to the regulator under this Act; or\n- (b) to appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a) .\n- (i) the entity, retailer or holder’s compliance with this Act, distribution network codes, and the authority issued or approval given to it under this Act;\n- (ii) the reliability and quality of information given by the entity, retailer or holder to the regulator under this Act; or\n- (a) the regulator reasonably considers that the person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit; or\n- (b) the entity, retailer or holder does not comply with a notice given to it under the subsection.","sortOrder":306},{"sectionNumber":"sec.120AB","sectionType":"section","heading":"Responsibility for cost of audit","content":"### sec.120AB Responsibility for cost of audit\n\nAn electricity entity, retailer or special approval holder required under section 120AA (1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit.\nIf the regulator appoints an independent auditor to carry out an audit concerning an electricity entity, retailer or special approval holder, the entity, retailer or holder must reimburse the regulator for the cost of the audit if required to do so by the regulator.\ns 120AB ins 2004 No. 51 s 20\namd 2014 No. 48 s 56\n(sec.120AB-ssec.1) An electricity entity, retailer or special approval holder required under section 120AA (1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit.\n(sec.120AB-ssec.2) If the regulator appoints an independent auditor to carry out an audit concerning an electricity entity, retailer or special approval holder, the entity, retailer or holder must reimburse the regulator for the cost of the audit if required to do so by the regulator.","sortOrder":307},{"sectionNumber":"sec.120AC","sectionType":"section","heading":"Independent auditor may require reasonable help or information","content":"### sec.120AC Independent auditor may require reasonable help or information\n\nAn independent auditor appointed under section 120AA to carry out an audit concerning an electricity entity, retailer or special approval holder may require the entity, retailer or holder to give the auditor—\nreasonable help to carry out the audit; or\naccess to the entity’s, retailer’s or holder’s premises and records\nhelp from the entity’s, retailer’s or holder’s employees\ninformation, in a form reasonably required by the auditor, to help the auditor carry out the audit.\nAn electricity entity, retailer or special approval holder required to give reasonable help under subsection (1) (a) , or information under subsection (1) (b) , must comply with the requirement unless the entity, retailer or holder has a reasonable excuse.\nMaximum penalty—1,000 penalty units.\nIf the entity, retailer or holder is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\ns 120AC ins 2004 No. 51 s 20\namd 2006 No. 60 s 29 ; 2014 No. 48 s 57\n(sec.120AC-ssec.1) An independent auditor appointed under section 120AA to carry out an audit concerning an electricity entity, retailer or special approval holder may require the entity, retailer or holder to give the auditor— reasonable help to carry out the audit; or access to the entity’s, retailer’s or holder’s premises and records help from the entity’s, retailer’s or holder’s employees information, in a form reasonably required by the auditor, to help the auditor carry out the audit.\n(sec.120AC-ssec.2) An electricity entity, retailer or special approval holder required to give reasonable help under subsection (1) (a) , or information under subsection (1) (b) , must comply with the requirement unless the entity, retailer or holder has a reasonable excuse. Maximum penalty—1,000 penalty units.\n(sec.120AC-ssec.3) If the entity, retailer or holder is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\n- (a) reasonable help to carry out the audit; or Examples— • access to the entity’s, retailer’s or holder’s premises and records • help from the entity’s, retailer’s or holder’s employees\n- • access to the entity’s, retailer’s or holder’s premises and records\n- • help from the entity’s, retailer’s or holder’s employees\n- (b) information, in a form reasonably required by the auditor, to help the auditor carry out the audit.\n- • access to the entity’s, retailer’s or holder’s premises and records\n- • help from the entity’s, retailer’s or holder’s employees","sortOrder":308},{"sectionNumber":"sec.120AD","sectionType":"section","heading":"Audit report and submissions on report","content":"### sec.120AD Audit report and submissions on report\n\nAn electricity entity, retailer or special approval holder required under section 120AA (1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to the regulator.\nThe copy must be given promptly after the audit is completed.\nIf the regulator appoints an independent auditor to carry out an audit concerning an electricity entity, retailer or special approval holder, the regulator must give the entity, retailer or holder—\na copy of the draft audit report and an opportunity to make submissions to the regulator on the draft report; and\na copy of the final audit report and an opportunity to make further submissions to the regulator on the final report.\ns 120AD ins 2004 No. 51 s 20\namd 2014 No. 48 s 58\n(sec.120AD-ssec.1) An electricity entity, retailer or special approval holder required under section 120AA (1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to the regulator.\n(sec.120AD-ssec.2) The copy must be given promptly after the audit is completed.\n(sec.120AD-ssec.3) If the regulator appoints an independent auditor to carry out an audit concerning an electricity entity, retailer or special approval holder, the regulator must give the entity, retailer or holder— a copy of the draft audit report and an opportunity to make submissions to the regulator on the draft report; and a copy of the final audit report and an opportunity to make further submissions to the regulator on the final report.\n- (a) a copy of the draft audit report and an opportunity to make submissions to the regulator on the draft report; and\n- (b) a copy of the final audit report and an opportunity to make further submissions to the regulator on the final report.","sortOrder":309},{"sectionNumber":"sec.120AE","sectionType":"section","heading":"Disclosure of information","content":"### sec.120AE Disclosure of information\n\nThis section applies if an electricity entity, retailer or special approval holder gives the regulator written information about the entity, retailer or holder under this Act.\nThe regulator must disclose the information to QCA if—\nQCA requests the disclosure for performing its functions; and\nany of the following apply—\nthe entity or holder—\nconsents to the disclosure; or\nis required, under the entity’s authority or holder’s approval, to consent to the disclosure;\nthe retailer consents to the disclosure; or\nsubsection (3) applies in relation to the retailer.\nThis subsection applies if—\nthe retailer gave the information to the regulator under section 55DB (1) (d) ; and\neither—\nQCA must, under section 120L , conduct a review of the Act that relates to the Queensland electricity market and involves small photovoltaic generators; or\nQCA must, under section 253AA , give the Minister information or advice that relates to the Queensland electricity market and involves small photovoltaic generators.\ns 120AE ins 2004 No. 51 s 20\namd 2014 No. 48 s 59\n(sec.120AE-ssec.1) This section applies if an electricity entity, retailer or special approval holder gives the regulator written information about the entity, retailer or holder under this Act.\n(sec.120AE-ssec.2) The regulator must disclose the information to QCA if— QCA requests the disclosure for performing its functions; and any of the following apply— the entity or holder— consents to the disclosure; or is required, under the entity’s authority or holder’s approval, to consent to the disclosure; the retailer consents to the disclosure; or subsection (3) applies in relation to the retailer.\n(sec.120AE-ssec.3) This subsection applies if— the retailer gave the information to the regulator under section 55DB (1) (d) ; and either— QCA must, under section 120L , conduct a review of the Act that relates to the Queensland electricity market and involves small photovoltaic generators; or QCA must, under section 253AA , give the Minister information or advice that relates to the Queensland electricity market and involves small photovoltaic generators.\n- (a) QCA requests the disclosure for performing its functions; and\n- (b) any of the following apply— (i) the entity or holder— (A) consents to the disclosure; or (B) is required, under the entity’s authority or holder’s approval, to consent to the disclosure; (ii) the retailer consents to the disclosure; or (iii) subsection (3) applies in relation to the retailer.\n- (i) the entity or holder— (A) consents to the disclosure; or (B) is required, under the entity’s authority or holder’s approval, to consent to the disclosure;\n- (A) consents to the disclosure; or\n- (B) is required, under the entity’s authority or holder’s approval, to consent to the disclosure;\n- (ii) the retailer consents to the disclosure; or\n- (iii) subsection (3) applies in relation to the retailer.\n- (i) the entity or holder— (A) consents to the disclosure; or (B) is required, under the entity’s authority or holder’s approval, to consent to the disclosure;\n- (A) consents to the disclosure; or\n- (B) is required, under the entity’s authority or holder’s approval, to consent to the disclosure;\n- (ii) the retailer consents to the disclosure; or\n- (iii) subsection (3) applies in relation to the retailer.\n- (A) consents to the disclosure; or\n- (B) is required, under the entity’s authority or holder’s approval, to consent to the disclosure;\n- (a) the retailer gave the information to the regulator under section 55DB (1) (d) ; and\n- (b) either— (i) QCA must, under section 120L , conduct a review of the Act that relates to the Queensland electricity market and involves small photovoltaic generators; or (ii) QCA must, under section 253AA , give the Minister information or advice that relates to the Queensland electricity market and involves small photovoltaic generators.\n- (i) QCA must, under section 120L , conduct a review of the Act that relates to the Queensland electricity market and involves small photovoltaic generators; or\n- (ii) QCA must, under section 253AA , give the Minister information or advice that relates to the Queensland electricity market and involves small photovoltaic generators.\n- (i) QCA must, under section 120L , conduct a review of the Act that relates to the Queensland electricity market and involves small photovoltaic generators; or\n- (ii) QCA must, under section 253AA , give the Minister information or advice that relates to the Queensland electricity market and involves small photovoltaic generators.","sortOrder":310},{"sectionNumber":"ch.5-pt.1A","sectionType":"part","heading":"Distribution network codes","content":"# Distribution network codes","sortOrder":311},{"sectionNumber":"ch.5-pt.1A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":312},{"sectionNumber":"sec.120A","sectionType":"section","heading":"Definition for pt 1A","content":"### sec.120A Definition for pt 1A\n\nIn this part—\nelectricity entity includes a special approval holder.\ns 120A ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30","sortOrder":313},{"sectionNumber":"ch.5-pt.1A-div.2","sectionType":"division","heading":"Initial distribution network codes","content":"## Initial distribution network codes","sortOrder":314},{"sectionNumber":"sec.120B","sectionType":"section","heading":"Making of initial distribution network codes by Minister","content":"### sec.120B Making of initial distribution network codes by Minister\n\nThe Minister may make initial distribution network codes to apply to electricity entities or retailers, or both.\nA code must state the electricity entities or retailers to which it applies.\nA code is not subordinate legislation.\nQCA must keep a register of distribution network codes and publish them on its website. See section 254B and the QCA Act , sections 227A to 227C .\ns 120B ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 ss 62 , 183 sch 1\n(sec.120B-ssec.1) The Minister may make initial distribution network codes to apply to electricity entities or retailers, or both.\n(sec.120B-ssec.2) A code must state the electricity entities or retailers to which it applies.\n(sec.120B-ssec.3) A code is not subordinate legislation. QCA must keep a register of distribution network codes and publish them on its website. See section 254B and the QCA Act , sections 227A to 227C .","sortOrder":315},{"sectionNumber":"sec.120C","sectionType":"section","heading":"Specific matters for which code may provide","content":"### sec.120C Specific matters for which code may provide\n\nWithout limiting section 120B , a distribution network code may provide for all or any of the following—\nthe service levels to be provided by electricity entities to customers;\nthe payment of amounts by electricity entities to affected customers for failure to provide a stated service level;\nmetering;\npublic lighting.\ns 120C ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30 ; 2014 No. 48 s 63\n- (a) the service levels to be provided by electricity entities to customers;\n- (b) the payment of amounts by electricity entities to affected customers for failure to provide a stated service level;\n- (c) metering;\n- (d) public lighting.","sortOrder":316},{"sectionNumber":"sec.120D","sectionType":"section","heading":"Gazettal and taking of effect of code","content":"### sec.120D Gazettal and taking of effect of code\n\nThe Minister must, as soon as practicable after making an initial distribution network code, publish a gazette notice stating the Minister has made the code and where it may be inspected.\nThe code takes effect on the later of the following days—\na day of effect stated in the gazette notice;\nif no day of effect is stated in the notice—the day the notice is gazetted.\ns 120D ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120D-ssec.1) The Minister must, as soon as practicable after making an initial distribution network code, publish a gazette notice stating the Minister has made the code and where it may be inspected.\n(sec.120D-ssec.2) The code takes effect on the later of the following days— a day of effect stated in the gazette notice; if no day of effect is stated in the notice—the day the notice is gazetted.\n- (a) a day of effect stated in the gazette notice;\n- (b) if no day of effect is stated in the notice—the day the notice is gazetted.","sortOrder":317},{"sectionNumber":"sec.120E","sectionType":"section","heading":"Tabling of code","content":"### sec.120E Tabling of code\n\nWithin 14 days after an initial distribution network code takes effect, the Minister must table a copy in the Legislative Assembly.\nThe copy is tabled for information only.\nA failure to table the copy does not affect the code’s ongoing effect.\ns 120E ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120E-ssec.1) Within 14 days after an initial distribution network code takes effect, the Minister must table a copy in the Legislative Assembly.\n(sec.120E-ssec.2) The copy is tabled for information only.\n(sec.120E-ssec.3) A failure to table the copy does not affect the code’s ongoing effect.","sortOrder":318},{"sectionNumber":"ch.5-pt.1A-div.3","sectionType":"division","heading":"QCA distribution network codes","content":"## QCA distribution network codes","sortOrder":319},{"sectionNumber":"sec.120F","sectionType":"section","heading":"QCA may make distribution network code","content":"### sec.120F QCA may make distribution network code\n\nSubject to sections 120G and 120H , QCA may make distribution network codes.\nHowever, a code made by QCA has no effect unless it is approved by the Minister.\nA code may provide for any matter that may be provided for under an initial distribution network code.\nSections 120B and 120C apply to the making of a distribution network code by QCA as if the code were an initial distribution network code.\ns 120F ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120F-ssec.1) Subject to sections 120G and 120H , QCA may make distribution network codes.\n(sec.120F-ssec.2) However, a code made by QCA has no effect unless it is approved by the Minister.\n(sec.120F-ssec.3) A code may provide for any matter that may be provided for under an initial distribution network code.\n(sec.120F-ssec.4) Sections 120B and 120C apply to the making of a distribution network code by QCA as if the code were an initial distribution network code.","sortOrder":320},{"sectionNumber":"sec.120G","sectionType":"section","heading":"QCA code objective","content":"### sec.120G QCA code objective\n\nThe objective (the QCA code objective ) of a distribution network code made by QCA is to promote efficient investment in, and efficient use of, electricity services for the long-term interests of Queensland customers about—\nprice, quality, reliability and security of supply of electricity; and\nthe reliability, safety and security of the Queensland electricity system.\nQCA may make a distribution network code only if it is satisfied the code will, or is likely to, contribute to the achievement of the QCA code objective.\nIn this section—\nelectricity services means electricity services as defined under the National Electricity (Queensland) Law .\ns 120G ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120G-ssec.1) The objective (the QCA code objective ) of a distribution network code made by QCA is to promote efficient investment in, and efficient use of, electricity services for the long-term interests of Queensland customers about— price, quality, reliability and security of supply of electricity; and the reliability, safety and security of the Queensland electricity system.\n(sec.120G-ssec.2) QCA may make a distribution network code only if it is satisfied the code will, or is likely to, contribute to the achievement of the QCA code objective.\n(sec.120G-ssec.3) In this section— electricity services means electricity services as defined under the National Electricity (Queensland) Law .\n- (a) price, quality, reliability and security of supply of electricity; and\n- (b) the reliability, safety and security of the Queensland electricity system.","sortOrder":321},{"sectionNumber":"sec.120GA","sectionType":"section","heading":null,"content":"### Section sec.120GA\n\ns 120GA ins 1997 No. 77 s 39\nom 2006 No. 60 s 30","sortOrder":322},{"sectionNumber":"sec.120GB","sectionType":"section","heading":null,"content":"### Section sec.120GB\n\ns 120GB ins 1997 No. 77 s 39\nom 2006 No. 60 s 30","sortOrder":323},{"sectionNumber":"sec.120H","sectionType":"section","heading":"Required consultation","content":"### sec.120H Required consultation\n\nThis section applies if QCA proposes to make a distribution network code, unless QCA considers the code—\nis needed urgently; or\ncan not be materially detrimental to anyone’s interests.\nBefore QCA makes the distribution network code it must prepare a draft of the code and engage in the consultation prescribed under a regulation.\ns 120H ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30 (amd 2007 No. 17 s 43 (1) )\namd 2014 No. 48 s 183 sch 1\n(sec.120H-ssec.1) This section applies if QCA proposes to make a distribution network code, unless QCA considers the code— is needed urgently; or can not be materially detrimental to anyone’s interests.\n(sec.120H-ssec.2) Before QCA makes the distribution network code it must prepare a draft of the code and engage in the consultation prescribed under a regulation.\n- (a) is needed urgently; or\n- (b) can not be materially detrimental to anyone’s interests.","sortOrder":324},{"sectionNumber":"sec.120I","sectionType":"section","heading":"Ministerial approval","content":"### sec.120I Ministerial approval\n\nQCA must, as soon as practicable after making a distribution network code, give the Minister a copy.\nThe Minister may, within 20 business days after receiving the code, decide whether to approve it.\nThe Minister must, in making the decision, have regard to the QCA code objective.\nIf the decision is not to approve the code, the Minister must, as soon as practicable after the making of the decision, give QCA a notice stating the decision, and the reasons for it.\nIf the Minister does not make the decision within the 20 business days, the Minister is taken to have approved the code.\ns 120I ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120I-ssec.1) QCA must, as soon as practicable after making a distribution network code, give the Minister a copy.\n(sec.120I-ssec.2) The Minister may, within 20 business days after receiving the code, decide whether to approve it.\n(sec.120I-ssec.3) The Minister must, in making the decision, have regard to the QCA code objective.\n(sec.120I-ssec.4) If the decision is not to approve the code, the Minister must, as soon as practicable after the making of the decision, give QCA a notice stating the decision, and the reasons for it.\n(sec.120I-ssec.5) If the Minister does not make the decision within the 20 business days, the Minister is taken to have approved the code.","sortOrder":325},{"sectionNumber":"sec.120J","sectionType":"section","heading":"When approved QCA distribution network code takes effect","content":"### sec.120J When approved QCA distribution network code takes effect\n\nThis section applies for a distribution network code made by QCA only if the Minister approves the code.\nQCA must, as soon as practicable after the approval, publish a gazette notice stating the Minister has approved the code and where it may be inspected.\nThe code takes effect on the later of the following days—\na day of effect stated in the gazette notice;\nif no day of effect is stated in the notice—the day the notice is gazetted.\ns 120J ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120J-ssec.1) This section applies for a distribution network code made by QCA only if the Minister approves the code.\n(sec.120J-ssec.2) QCA must, as soon as practicable after the approval, publish a gazette notice stating the Minister has approved the code and where it may be inspected.\n(sec.120J-ssec.3) The code takes effect on the later of the following days— a day of effect stated in the gazette notice; if no day of effect is stated in the notice—the day the notice is gazetted.\n- (a) a day of effect stated in the gazette notice;\n- (b) if no day of effect is stated in the notice—the day the notice is gazetted.","sortOrder":326},{"sectionNumber":"sec.120K","sectionType":"section","heading":"Tabling of QCA distribution network code","content":"### sec.120K Tabling of QCA distribution network code\n\nIf a distribution network code made by QCA takes effect, the Minister must, within 14 sitting days, table a copy of the code in the Legislative Assembly.\nThe copy is tabled for information only.\nA failure to table the copy does not affect the code’s ongoing effect.\ns 120K ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120K-ssec.1) If a distribution network code made by QCA takes effect, the Minister must, within 14 sitting days, table a copy of the code in the Legislative Assembly.\n(sec.120K-ssec.2) The copy is tabled for information only.\n(sec.120K-ssec.3) A failure to table the copy does not affect the code’s ongoing effect.","sortOrder":327},{"sectionNumber":"ch.5-pt.1A-div.4","sectionType":"division","heading":"Review of distribution network codes and related matters","content":"## Review of distribution network codes and related matters","sortOrder":328},{"sectionNumber":"sec.120L","sectionType":"section","heading":"Direction by Minister to review","content":"### sec.120L Direction by Minister to review\n\nThe Minister may, by gazette notice, give QCA a written direction to conduct a review into—\nany matter relating to the Queensland electricity market; or\nthe operation and effectiveness of a distribution network code; or\nany matter relating to a distribution network code.\nQCA must comply with the direction.\nQCA must publish the direction on its website.\ns 120L ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120L-ssec.1) The Minister may, by gazette notice, give QCA a written direction to conduct a review into— any matter relating to the Queensland electricity market; or the operation and effectiveness of a distribution network code; or any matter relating to a distribution network code.\n(sec.120L-ssec.2) QCA must comply with the direction.\n(sec.120L-ssec.3) QCA must publish the direction on its website.\n- (a) any matter relating to the Queensland electricity market; or\n- (b) the operation and effectiveness of a distribution network code; or\n- (c) any matter relating to a distribution network code.","sortOrder":329},{"sectionNumber":"sec.120M","sectionType":"section","heading":"Terms of reference","content":"### sec.120M Terms of reference\n\nThe direction may do all or any of the following—\nstate the terms of reference of the review;\nrequire QCA to give the Minister a report on the review within a stated period;\nrequire QCA to make the report publicly available or available to a stated entity;\nrequire QCA to, during the review, make a draft report publicly available or available to a stated entity;\nrequire QCA to, in conducting the review—\nconsider stated matters; and\nhave stated objectives;\ngive QCA other directions the Minister considers appropriate.\ns 120M ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\n- (a) state the terms of reference of the review;\n- (b) require QCA to give the Minister a report on the review within a stated period;\n- (c) require QCA to make the report publicly available or available to a stated entity;\n- (d) require QCA to, during the review, make a draft report publicly available or available to a stated entity;\n- (e) require QCA to, in conducting the review— (i) consider stated matters; and (ii) have stated objectives;\n- (i) consider stated matters; and\n- (ii) have stated objectives;\n- (f) give QCA other directions the Minister considers appropriate.\n- (i) consider stated matters; and\n- (ii) have stated objectives;","sortOrder":330},{"sectionNumber":"sec.120N","sectionType":"section","heading":"Notice of review or amended term of reference or direction","content":"### sec.120N Notice of review or amended term of reference or direction\n\nQCA must publish a notice of the following on its website and in a Statewide newspaper—\nthe review;\nif a term of reference or direction relating to the review is amended—the amended term of reference or direction.\ns 120N ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\n- (a) the review;\n- (b) if a term of reference or direction relating to the review is amended—the amended term of reference or direction.","sortOrder":331},{"sectionNumber":"sec.120NA","sectionType":"section","heading":null,"content":"### Section sec.120NA\n\ns 120NA ins 1997 No. 77 s 39\nom 2006 No. 60 s 30","sortOrder":332},{"sectionNumber":"sec.120NB","sectionType":"section","heading":null,"content":"### Section sec.120NB\n\ns 120NB ins 1997 No. 77 s 39\nom 2006 No. 60 s 30","sortOrder":333},{"sectionNumber":"sec.120O","sectionType":"section","heading":"Conduct of review","content":"### sec.120O Conduct of review\n\nThe QCA Act , part 6 , other than section 171 , (the applied part ) applies for the review—\nas if a reference in the applied part to an investigation were a reference to the review; and\nas if the QCA Act , section 176 (3) , required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review; and\nwith other necessary changes.\nHowever, the applied part applies subject to any requirement or direction of the Minister.\nAny definitions under the QCA Act relevant to the applied part also applies.\ns 120O ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\n(sec.120O-ssec.1) The QCA Act , part 6 , other than section 171 , (the applied part ) applies for the review— as if a reference in the applied part to an investigation were a reference to the review; and as if the QCA Act , section 176 (3) , required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review; and with other necessary changes.\n(sec.120O-ssec.2) However, the applied part applies subject to any requirement or direction of the Minister.\n(sec.120O-ssec.3) Any definitions under the QCA Act relevant to the applied part also applies.\n- (a) as if a reference in the applied part to an investigation were a reference to the review; and\n- (b) as if the QCA Act , section 176 (3) , required the notice mentioned in that subsection to be given to any entity that QCA knows would be potentially affected by the review; and\n- (c) with other necessary changes.","sortOrder":334},{"sectionNumber":"ch.5-pt.1A-div.5","sectionType":"division","heading":"Amending distribution network codes","content":"## Amending distribution network codes","sortOrder":335},{"sectionNumber":"sec.120P","sectionType":"section","heading":"Application of div 5","content":"### sec.120P Application of div 5\n\nThis division applies if QCA proposes to amend a distribution network code.\ns 120P ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30 (amd 2007 No. 17 s 43 (2) )\namd 2014 No. 48 s 183 sch 1","sortOrder":336},{"sectionNumber":"sec.120PA","sectionType":"section","heading":"Required consultation for amendment","content":"### sec.120PA Required consultation for amendment\n\nBefore QCA may make the amendment it must prepare a draft of the amendment and engage in the consultation prescribed under a regulation.\nHowever, subsection (1) does not apply if QCA considers the amendment—\nis needed urgently; or\ndoes not materially detriment anyone’s interests; or\nis of an uncontroversial nature; or\ncorrects an error.\nTo remove any doubt, it is declared that subsection (2) (d) applies even if the correction is materially detrimental to someone’s interests.\ns 120PA ins 2006 No. 60 s 30 (amd 2007 No. 17 s 43 (2) )\n(sec.120PA-ssec.1) Before QCA may make the amendment it must prepare a draft of the amendment and engage in the consultation prescribed under a regulation.\n(sec.120PA-ssec.2) However, subsection (1) does not apply if QCA considers the amendment— is needed urgently; or does not materially detriment anyone’s interests; or is of an uncontroversial nature; or corrects an error.\n(sec.120PA-ssec.3) To remove any doubt, it is declared that subsection (2) (d) applies even if the correction is materially detrimental to someone’s interests.\n- (a) is needed urgently; or\n- (b) does not materially detriment anyone’s interests; or\n- (c) is of an uncontroversial nature; or\n- (d) corrects an error.","sortOrder":337},{"sectionNumber":"sec.120PB","sectionType":"section","heading":"Application of div 3 other than its consultation provision","content":"### sec.120PB Application of div 3 other than its consultation provision\n\nThe provisions of division 3 , other than section 120H , apply to the amendment—\nas if a reference in the provisions to making the code were a reference to the making of the amendment; and\nas if a reference in the provisions to the code were a reference to the amendment; and\nwith other necessary changes.\ns 120PB ins 2006 No. 60 s 30 (amd 2007 No. 17 s 43 (2) )\n- (a) as if a reference in the provisions to making the code were a reference to the making of the amendment; and\n- (b) as if a reference in the provisions to the code were a reference to the amendment; and\n- (c) with other necessary changes.","sortOrder":338},{"sectionNumber":"ch.5-pt.1A-div.6","sectionType":"division","heading":"Enforcing distribution network codes","content":"## Enforcing distribution network codes","sortOrder":339},{"sectionNumber":"sec.120Q","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.120Q Application of sdiv 1\n\nThis subdivision applies if QCA suspects—\nan electricity entity or retailer—\nhas contravened, or is contravening, a distribution network code; or\nis involved in an activity that is likely to result in a contravention of a distribution network code; and\nthe contravention or likely contravention is, or is likely to be, a material contravention of the code.\ns 120Q ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n- (a) an electricity entity or retailer— (i) has contravened, or is contravening, a distribution network code; or (ii) is involved in an activity that is likely to result in a contravention of a distribution network code; and\n- (i) has contravened, or is contravening, a distribution network code; or\n- (ii) is involved in an activity that is likely to result in a contravention of a distribution network code; and\n- (b) the contravention or likely contravention is, or is likely to be, a material contravention of the code.\n- (i) has contravened, or is contravening, a distribution network code; or\n- (ii) is involved in an activity that is likely to result in a contravention of a distribution network code; and","sortOrder":340},{"sectionNumber":"sec.120R","sectionType":"section","heading":"Criteria for deciding material contravention","content":"### sec.120R Criteria for deciding material contravention\n\nThis section applies to the making of any decision under this part about whether a contravention of a distribution network code is a material contravention of the code.\nRegard must be had to the QCA code objective.\nSubsection (2) does not limit or otherwise affect what may be considered in making the decision.\ns 120R ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120R-ssec.1) This section applies to the making of any decision under this part about whether a contravention of a distribution network code is a material contravention of the code.\n(sec.120R-ssec.2) Regard must be had to the QCA code objective.\n(sec.120R-ssec.3) Subsection (2) does not limit or otherwise affect what may be considered in making the decision.","sortOrder":341},{"sectionNumber":"sec.120S","sectionType":"section","heading":"Warning notice may be given","content":"### sec.120S Warning notice may be given\n\nQCA may give the electricity entity or retailer a notice (the warning notice ) warning the entity or retailer that QCA proposes to give the entity or retailer a further notice about the contravention or likely contravention (a code contravention notice ).\nQCA must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.\nHowever, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent code contravention notice.\nDespite subsections (2) and (3) , if the warning notice is proposed to be given for a contravention, it can only be given within 2 years after the day on which the contravention happened.\ns 120S ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120S-ssec.1) QCA may give the electricity entity or retailer a notice (the warning notice ) warning the entity or retailer that QCA proposes to give the entity or retailer a further notice about the contravention or likely contravention (a code contravention notice ).\n(sec.120S-ssec.2) QCA must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.\n(sec.120S-ssec.3) However, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent code contravention notice.\n(sec.120S-ssec.4) Despite subsections (2) and (3) , if the warning notice is proposed to be given for a contravention, it can only be given within 2 years after the day on which the contravention happened.","sortOrder":342},{"sectionNumber":"sec.120T","sectionType":"section","heading":"Requirements for warning notice","content":"### sec.120T Requirements for warning notice\n\nThe warning notice must state each of the following—\nparticulars of the contravention or likely contravention;\nthat QCA proposes to give the electricity entity or retailer a code contravention notice unless the entity or retailer—\ntakes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and\ngives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will—\navoid any similar future contravention; and\ntake steps reasonably necessary to avoid a future recurrence of the contravention;\na period (the warning period ) after which the code contravention notice may be given unless the warning notice is complied with;\nthat the entity or retailer may make, within the period, written submissions to show why the proposed code contravention notice should not be given.\nThe warning period must be—\nif the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or\notherwise—at least 20 business days.\nThe warning notice may also state the steps QCA reasonably believes are necessary to remedy the contravention or avoid its future recurrence, or avoid the likely contravention.\nrefunding an amount wrongly paid because of the contravention\npaying compensation to someone who has damage, injury or loss because of the contravention\ndisclosing particular information\npublishing advertisements about the contravention or action to remedy it\ns 120T ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120T-ssec.1) The warning notice must state each of the following— particulars of the contravention or likely contravention; that QCA proposes to give the electricity entity or retailer a code contravention notice unless the entity or retailer— takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will— avoid any similar future contravention; and take steps reasonably necessary to avoid a future recurrence of the contravention; a period (the warning period ) after which the code contravention notice may be given unless the warning notice is complied with; that the entity or retailer may make, within the period, written submissions to show why the proposed code contravention notice should not be given.\n(sec.120T-ssec.2) The warning period must be— if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or otherwise—at least 20 business days.\n(sec.120T-ssec.3) The warning notice may also state the steps QCA reasonably believes are necessary to remedy the contravention or avoid its future recurrence, or avoid the likely contravention. refunding an amount wrongly paid because of the contravention paying compensation to someone who has damage, injury or loss because of the contravention disclosing particular information publishing advertisements about the contravention or action to remedy it\n- (a) particulars of the contravention or likely contravention;\n- (b) that QCA proposes to give the electricity entity or retailer a code contravention notice unless the entity or retailer— (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and (ii) gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and\n- (ii) gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (c) a period (the warning period ) after which the code contravention notice may be given unless the warning notice is complied with;\n- (d) that the entity or retailer may make, within the period, written submissions to show why the proposed code contravention notice should not be given.\n- (i) takes steps reasonably necessary to remedy the contravention or avoid the likely contravention; and\n- (ii) gives QCA a written assurance (a conduct assurance ), in the terms stated in the warning notice, that the entity or retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (a) if the warning notice is given because QCA considers the contravention or likely contravention is of a type that requires urgent action—a period that QCA considers is reasonable in the circumstances; or\n- (b) otherwise—at least 20 business days.\n- • refunding an amount wrongly paid because of the contravention\n- • paying compensation to someone who has damage, injury or loss because of the contravention\n- • disclosing particular information\n- • publishing advertisements about the contravention or action to remedy it","sortOrder":343},{"sectionNumber":"sec.120U","sectionType":"section","heading":"Considering submissions on warning notice","content":"### sec.120U Considering submissions on warning notice\n\nQCA must consider any written submission made under section 120T (1) (d) by the electricity entity or retailer within the period stated in the warning notice.\nIf QCA at any time decides not to give the proposed code contravention notice, it must, as soon as practicable, give the electricity entity or retailer notice of the decision.\ns 120U ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120U-ssec.1) QCA must consider any written submission made under section 120T (1) (d) by the electricity entity or retailer within the period stated in the warning notice.\n(sec.120U-ssec.2) If QCA at any time decides not to give the proposed code contravention notice, it must, as soon as practicable, give the electricity entity or retailer notice of the decision.","sortOrder":344},{"sectionNumber":"sec.120V","sectionType":"section","heading":"Giving of code contravention notice","content":"### sec.120V Giving of code contravention notice\n\nQCA may give the proposed code contravention notice if—\nthe electricity entity or retailer has not complied with the warning notice; and\nafter complying with section 120U , QCA still believes the code contravention notice ought to be given.\nThe code contravention notice must state—\nthat the electricity entity or retailer—\nhas contravened, or is contravening, a distribution network code; or\nis likely to contravene a distribution network code; and\nthe contravention or likely contravention is, or is likely to be, a material contravention of the code; and\nparticulars of the contravention or likely contravention.\nSubsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the electricity entity or retailer—\nhas taken steps reasonably necessary to remedy the contravention; but\nhas not given the conduct assurance required under the warning notice.\nQCA may give the code contravention notice on the basis that the electricity entity or retailer is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code.\nUnder section 251A , a certified copy of a code contravention notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it.\ns 120V ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120V-ssec.1) QCA may give the proposed code contravention notice if— the electricity entity or retailer has not complied with the warning notice; and after complying with section 120U , QCA still believes the code contravention notice ought to be given.\n(sec.120V-ssec.2) The code contravention notice must state— that the electricity entity or retailer— has contravened, or is contravening, a distribution network code; or is likely to contravene a distribution network code; and the contravention or likely contravention is, or is likely to be, a material contravention of the code; and particulars of the contravention or likely contravention.\n(sec.120V-ssec.3) Subsection (4) applies if the warning notice was given on the basis of a contravention of the distribution network code and the electricity entity or retailer— has taken steps reasonably necessary to remedy the contravention; but has not given the conduct assurance required under the warning notice.\n(sec.120V-ssec.4) QCA may give the code contravention notice on the basis that the electricity entity or retailer is still involved in an activity that is, or is likely to result in, a material contravention of the distribution network code. Under section 251A , a certified copy of a code contravention notice is, for a proceeding under or relating to this Act, amongst other things, evidence of the contravention or other things stated in it.\n- (a) the electricity entity or retailer has not complied with the warning notice; and\n- (b) after complying with section 120U , QCA still believes the code contravention notice ought to be given.\n- (a) that the electricity entity or retailer— (i) has contravened, or is contravening, a distribution network code; or (ii) is likely to contravene a distribution network code; and\n- (i) has contravened, or is contravening, a distribution network code; or\n- (ii) is likely to contravene a distribution network code; and\n- (b) the contravention or likely contravention is, or is likely to be, a material contravention of the code; and\n- (c) particulars of the contravention or likely contravention.\n- (i) has contravened, or is contravening, a distribution network code; or\n- (ii) is likely to contravene a distribution network code; and\n- (a) has taken steps reasonably necessary to remedy the contravention; but\n- (b) has not given the conduct assurance required under the warning notice.","sortOrder":345},{"sectionNumber":"sec.120W","sectionType":"section","heading":"Duration of code contravention notice","content":"### sec.120W Duration of code contravention notice\n\nThe code contravention notice—\ncomes into effect—\nwhen it is made; or\nif it states a later time—at the later time; and\nends—\non the day stated in the notice; or\nif it is cancelled before that day—when it is cancelled.\ns 120W ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\n- (a) comes into effect— (i) when it is made; or (ii) if it states a later time—at the later time; and\n- (i) when it is made; or\n- (ii) if it states a later time—at the later time; and\n- (b) ends— (i) on the day stated in the notice; or (ii) if it is cancelled before that day—when it is cancelled.\n- (i) on the day stated in the notice; or\n- (ii) if it is cancelled before that day—when it is cancelled.\n- (i) when it is made; or\n- (ii) if it states a later time—at the later time; and\n- (i) on the day stated in the notice; or\n- (ii) if it is cancelled before that day—when it is cancelled.","sortOrder":346},{"sectionNumber":"sec.120X","sectionType":"section","heading":"Proceeding for civil penalty order","content":"### sec.120X Proceeding for civil penalty order\n\nThis section applies if, on the application of QCA, the Supreme Court is satisfied an electricity entity or retailer has—\ncommitted a material contravention of a distribution network code; or\nattempted to a commit a material contravention of a distribution network code; or\nbeen involved in a material contravention of a distribution network code.\nThe court may order the entity or retailer to pay the State as a civil penalty an amount of no more than—\nfor an individual—$100,000; or\nfor a corporation—$500,000.\nIn fixing the penalty, the court must consider—\nthe nature and extent of—\nthe contravention; and\nloss or damage suffered because of the contravention; and\nthe circumstances in which the contravention took place; and\nwhether the entity or retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\nFor subsection (1) (c) , an electricity entity or retailer is involved in a contravention if the entity or retailer—\nhas aided, abetted, counselled or procured the contravention; or\nhas induced the contravention, whether through threats, promises or in another way; or\nhas been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or\nhas conspired with others to effect the contravention.\nSee also chapter 11 , part 1A (Provisions for civil penalty proceedings).\ns 120X ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120X-ssec.1) This section applies if, on the application of QCA, the Supreme Court is satisfied an electricity entity or retailer has— committed a material contravention of a distribution network code; or attempted to a commit a material contravention of a distribution network code; or been involved in a material contravention of a distribution network code.\n(sec.120X-ssec.2) The court may order the entity or retailer to pay the State as a civil penalty an amount of no more than— for an individual—$100,000; or for a corporation—$500,000.\n(sec.120X-ssec.3) In fixing the penalty, the court must consider— the nature and extent of— the contravention; and loss or damage suffered because of the contravention; and the circumstances in which the contravention took place; and whether the entity or retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\n(sec.120X-ssec.4) For subsection (1) (c) , an electricity entity or retailer is involved in a contravention if the entity or retailer— has aided, abetted, counselled or procured the contravention; or has induced the contravention, whether through threats, promises or in another way; or has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or has conspired with others to effect the contravention. See also chapter 11 , part 1A (Provisions for civil penalty proceedings).\n- (a) committed a material contravention of a distribution network code; or\n- (b) attempted to a commit a material contravention of a distribution network code; or\n- (c) been involved in a material contravention of a distribution network code.\n- (a) for an individual—$100,000; or\n- (b) for a corporation—$500,000.\n- (a) the nature and extent of— (i) the contravention; and (ii) loss or damage suffered because of the contravention; and\n- (i) the contravention; and\n- (ii) loss or damage suffered because of the contravention; and\n- (b) the circumstances in which the contravention took place; and\n- (c) whether the entity or retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\n- (i) the contravention; and\n- (ii) loss or damage suffered because of the contravention; and\n- (a) has aided, abetted, counselled or procured the contravention; or\n- (b) has induced the contravention, whether through threats, promises or in another way; or\n- (c) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or\n- (d) has conspired with others to effect the contravention.","sortOrder":347},{"sectionNumber":"sec.120Y","sectionType":"section","heading":"How order enforced","content":"### sec.120Y How order enforced\n\nIf the Supreme Court orders payment of an amount under section 120X (2) , the State may enforce the order as a judgment of the court for a debt of that amount.\ns 120Y ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30","sortOrder":348},{"sectionNumber":"sec.120Z","sectionType":"section","heading":"Injunctions","content":"### sec.120Z Injunctions\n\nThe Supreme Court may, on the application of QCA, grant an injunction if satisfied an electricity entity or retailer has engaged or is proposing to engage, in conduct that constitutes, or would constitute any of the following—\na contravention of a distribution network code;\nattempting to contravene a distribution network code;\naiding, abetting, counselling or procuring an electricity entity or retailer to contravene a distribution network code;\ninducing, or attempting to induce, whether by threats, promises or otherwise, an electricity entity or retailer to contravene a distribution network code;\nbeing in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by an electricity entity or retailer of a distribution network code;\nconspiring with others to contravene a distribution network code.\nAn injunction may be granted on conditions.\nThe court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied an electricity entity or retailer has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) .\nThe court may grant an interim injunction pending its decision on the application.\nThe court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.\nThe court may amend an injunction or interim injunction.\nAn injunction or interim injunction restraining an electricity entity or retailer from engaging in conduct may be granted whether or not—\nit appears to the court that the entity or retailer intends to engage again, or to continue to engage, in conduct of that kind; or\nthe entity or retailer has previously engaged in conduct of that kind; or\nthere is an imminent danger of substantial damage to another person if the entity or retailer engages in conduct of that kind.\nAn injunction or interim injunction requiring an electricity entity or retailer to do an act or thing may be granted whether or not—\nit appears to the court that the entity or retailer intends to fail again, or to continue to fail, to do that act or thing; or\nthe entity or retailer has previously failed to do the act or thing; or\nthere is an imminent danger of substantial damage to another person if the entity or retailer does not do the act or thing.\ns 120Z ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 ss 68 , 183 sch 1\n(sec.120Z-ssec.1) The Supreme Court may, on the application of QCA, grant an injunction if satisfied an electricity entity or retailer has engaged or is proposing to engage, in conduct that constitutes, or would constitute any of the following— a contravention of a distribution network code; attempting to contravene a distribution network code; aiding, abetting, counselling or procuring an electricity entity or retailer to contravene a distribution network code; inducing, or attempting to induce, whether by threats, promises or otherwise, an electricity entity or retailer to contravene a distribution network code; being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by an electricity entity or retailer of a distribution network code; conspiring with others to contravene a distribution network code.\n(sec.120Z-ssec.2) An injunction may be granted on conditions.\n(sec.120Z-ssec.3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied an electricity entity or retailer has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) .\n(sec.120Z-ssec.4) The court may grant an interim injunction pending its decision on the application.\n(sec.120Z-ssec.5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.\n(sec.120Z-ssec.6) The court may amend an injunction or interim injunction.\n(sec.120Z-ssec.7) An injunction or interim injunction restraining an electricity entity or retailer from engaging in conduct may be granted whether or not— it appears to the court that the entity or retailer intends to engage again, or to continue to engage, in conduct of that kind; or the entity or retailer has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the entity or retailer engages in conduct of that kind.\n(sec.120Z-ssec.8) An injunction or interim injunction requiring an electricity entity or retailer to do an act or thing may be granted whether or not— it appears to the court that the entity or retailer intends to fail again, or to continue to fail, to do that act or thing; or the entity or retailer has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the entity or retailer does not do the act or thing.\n- (a) a contravention of a distribution network code;\n- (b) attempting to contravene a distribution network code;\n- (c) aiding, abetting, counselling or procuring an electricity entity or retailer to contravene a distribution network code;\n- (d) inducing, or attempting to induce, whether by threats, promises or otherwise, an electricity entity or retailer to contravene a distribution network code;\n- (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by an electricity entity or retailer of a distribution network code;\n- (f) conspiring with others to contravene a distribution network code.\n- (a) it appears to the court that the entity or retailer intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) the entity or retailer has previously engaged in conduct of that kind; or\n- (c) there is an imminent danger of substantial damage to another person if the entity or retailer engages in conduct of that kind.\n- (a) it appears to the court that the entity or retailer intends to fail again, or to continue to fail, to do that act or thing; or\n- (b) the entity or retailer has previously failed to do the act or thing; or\n- (c) there is an imminent danger of substantial damage to another person if the entity or retailer does not do the act or thing.","sortOrder":349},{"sectionNumber":"sec.120ZA","sectionType":"section","heading":"Conduct by directors, servants or agents","content":"### sec.120ZA Conduct by directors, servants or agents\n\nThis section applies to a proceeding under this subdivision.\nIf—\nthe proceeding concerns alleged conduct engaged in by an electricity entity or retailer to which a distribution network code applies; and\nit is necessary to prove the entity’s or retailer’s state of mind;\nit is enough to prove that a director, servant or agent (a representative ) of the entity or retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\nConduct engaged in for an electricity entity or retailer by the following persons is taken to have been engaged in by the entity or retailer—\na representative of the entity or retailer, acting within the scope of the representative’s actual or apparent authority;\nanother person at the direction, or with the consent or agreement, of a representative of the entity or retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\nConduct engaged in for an electricity entity or retailer by the following persons is taken to have been engaged in by the entity or retailer—\na servant or agent of the entity or retailer, acting within the scope of the servant’s or agent’s actual or apparent authority;\nanother person at the direction or with the consent or agreement, of a servant or agent of the entity or retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\nIn this section—\nconsent or agreement includes an implied consent or agreement.\nstate of mind , of a person, may include—\nknowledge, intention, opinion, belief or purpose of the person; and\nthe person’s reasons for the person’s intention, opinion, belief or purpose.\ns 120ZA ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZA-ssec.1) This section applies to a proceeding under this subdivision.\n(sec.120ZA-ssec.2) If— the proceeding concerns alleged conduct engaged in by an electricity entity or retailer to which a distribution network code applies; and it is necessary to prove the entity’s or retailer’s state of mind; it is enough to prove that a director, servant or agent (a representative ) of the entity or retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\n(sec.120ZA-ssec.3) Conduct engaged in for an electricity entity or retailer by the following persons is taken to have been engaged in by the entity or retailer— a representative of the entity or retailer, acting within the scope of the representative’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a representative of the entity or retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\n(sec.120ZA-ssec.4) Conduct engaged in for an electricity entity or retailer by the following persons is taken to have been engaged in by the entity or retailer— a servant or agent of the entity or retailer, acting within the scope of the servant’s or agent’s actual or apparent authority; another person at the direction or with the consent or agreement, of a servant or agent of the entity or retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n(sec.120ZA-ssec.5) In this section— consent or agreement includes an implied consent or agreement. state of mind , of a person, may include— knowledge, intention, opinion, belief or purpose of the person; and the person’s reasons for the person’s intention, opinion, belief or purpose.\n- (a) the proceeding concerns alleged conduct engaged in by an electricity entity or retailer to which a distribution network code applies; and\n- (b) it is necessary to prove the entity’s or retailer’s state of mind;\n- (a) a representative of the entity or retailer, acting within the scope of the representative’s actual or apparent authority;\n- (b) another person at the direction, or with the consent or agreement, of a representative of the entity or retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority.\n- (a) a servant or agent of the entity or retailer, acting within the scope of the servant’s or agent’s actual or apparent authority;\n- (b) another person at the direction or with the consent or agreement, of a servant or agent of the entity or retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n- (a) knowledge, intention, opinion, belief or purpose of the person; and\n- (b) the person’s reasons for the person’s intention, opinion, belief or purpose.","sortOrder":350},{"sectionNumber":"sec.120ZB","sectionType":"section","heading":"When QCA must refer material contravention","content":"### sec.120ZB When QCA must refer material contravention\n\nIf the Supreme Court decides a contravention of a distribution network code by an electricity entity or retailer is a material contravention of the code, QCA must refer the matter to the regulator.\nFor the action the regulator may take, see section 133 .\ns 120ZB ins 1997 No. 77 s 39\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1","sortOrder":351},{"sectionNumber":"sec.120ZC","sectionType":"section","heading":"When QCA may refer material contravention","content":"### sec.120ZC When QCA may refer material contravention\n\nIf QCA has given an electricity entity or retailer a warning notice for a material contravention or likely material contravention of a distribution network code, QCA may refer the matter to the regulator.\nThe referral may be made whether or not a code contravention notice has been given for, or a proceeding started under this division about, the contravention or likely contravention.\nIf QCA has applied for a civil penalty order under section 120X , section 133 prevents the regulator from imposing a similar penalty.\nHowever, the matter can not be referred before the giving of the warning notice.\ns 120ZC ins 1997 No. 77 s 39\namd 2000 No. 20 s 29 sch 3 ; 2004 No. 51 s 21\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZC-ssec.1) If QCA has given an electricity entity or retailer a warning notice for a material contravention or likely material contravention of a distribution network code, QCA may refer the matter to the regulator.\n(sec.120ZC-ssec.2) The referral may be made whether or not a code contravention notice has been given for, or a proceeding started under this division about, the contravention or likely contravention. If QCA has applied for a civil penalty order under section 120X , section 133 prevents the regulator from imposing a similar penalty.\n(sec.120ZC-ssec.3) However, the matter can not be referred before the giving of the warning notice.","sortOrder":352},{"sectionNumber":"sec.120ZCA","sectionType":"section","heading":null,"content":"### Section sec.120ZCA\n\ns 120ZCA ins 2004 No. 51 s 22\namd 2005 No. 51 s 3 sch\nom 2006 No. 60 s 30","sortOrder":353},{"sectionNumber":"sec.120ZD","sectionType":"section","heading":"Guidelines for exercise of QCA powers for civil penalties","content":"### sec.120ZD Guidelines for exercise of QCA powers for civil penalties\n\nQCA must publish on its website guidelines about when it will do each of the following—\nunder section 120X , apply for a civil penalty order;\nunder section 120ZB , refer matters to the regulator.\nBefore publishing the guidelines, QCA must take steps it considers appropriate to consult with electricity entities or retailers.\nThe guidelines are not legally binding on QCA and are non-justiciable.\nThe guidelines must include information to the effect of subsection (3) .\ns 120ZD ins 2001 No. 82 s 12\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZD-ssec.1) QCA must publish on its website guidelines about when it will do each of the following— under section 120X , apply for a civil penalty order; under section 120ZB , refer matters to the regulator.\n(sec.120ZD-ssec.2) Before publishing the guidelines, QCA must take steps it considers appropriate to consult with electricity entities or retailers.\n(sec.120ZD-ssec.3) The guidelines are not legally binding on QCA and are non-justiciable.\n(sec.120ZD-ssec.4) The guidelines must include information to the effect of subsection (3) .\n- (a) under section 120X , apply for a civil penalty order;\n- (b) under section 120ZB , refer matters to the regulator.","sortOrder":354},{"sectionNumber":"sec.120ZE","sectionType":"section","heading":"Notice to produce documents or information","content":"### sec.120ZE Notice to produce documents or information\n\nThis section applies if QCA is conducting an investigation to find out whether an electricity entity or retailer is complying with a distribution network code.\nQCA may, by written notice to the entity or retailer, require it to give QCA the following things QCA believes, on reasonable grounds, are relevant to the investigation—\ninformation within the entity’s or retailer’s knowledge or possession;\ndocuments in the entity’s or retailer’s custody, possession or power.\nThe notice must state—\nthe information or documents required; and\na period in which the documents or information are to be given of no less than 7 days; and\na reasonable place at which the documents or information are to be given.\nThe entity or retailer must comply with the notice, unless it has a reasonable excuse.\nMaximum penalty—500 penalty units.\nAn electricity entity or retailer is not required to comply with the notice if it claims, on the ground of self-incrimination, a privilege the entity or retailer would be entitled to claim against giving the information were the entity or retailer a witness in a prosecution for an offence in the Supreme Court.\nIf the entity or retailer claims that complying with the notice may tend to incriminate it, QCA or the entity or retailer may make an application to the Supreme Court to decide the validity of the claim.\ns 120ZE ins 2001 No. 82 s 12\namd 2004 No. 50 s 9\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZE-ssec.1) This section applies if QCA is conducting an investigation to find out whether an electricity entity or retailer is complying with a distribution network code.\n(sec.120ZE-ssec.2) QCA may, by written notice to the entity or retailer, require it to give QCA the following things QCA believes, on reasonable grounds, are relevant to the investigation— information within the entity’s or retailer’s knowledge or possession; documents in the entity’s or retailer’s custody, possession or power.\n(sec.120ZE-ssec.3) The notice must state— the information or documents required; and a period in which the documents or information are to be given of no less than 7 days; and a reasonable place at which the documents or information are to be given.\n(sec.120ZE-ssec.4) The entity or retailer must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.120ZE-ssec.5) An electricity entity or retailer is not required to comply with the notice if it claims, on the ground of self-incrimination, a privilege the entity or retailer would be entitled to claim against giving the information were the entity or retailer a witness in a prosecution for an offence in the Supreme Court.\n(sec.120ZE-ssec.6) If the entity or retailer claims that complying with the notice may tend to incriminate it, QCA or the entity or retailer may make an application to the Supreme Court to decide the validity of the claim.\n- (a) information within the entity’s or retailer’s knowledge or possession;\n- (b) documents in the entity’s or retailer’s custody, possession or power.\n- (a) the information or documents required; and\n- (b) a period in which the documents or information are to be given of no less than 7 days; and\n- (c) a reasonable place at which the documents or information are to be given.","sortOrder":355},{"sectionNumber":"sec.120ZF","sectionType":"section","heading":"Disclosure of information to regulator","content":"### sec.120ZF Disclosure of information to regulator\n\nThis section applies if an electricity entity or retailer gives QCA written information about the entity or retailer under this Act, the Electricity–National Scheme (Queensland) Act 1997 or the National Electricity Rules.\nQCA must disclose the information to the regulator if—\nthe regulator requests the disclosure for performing the regulator’s functions; and\nthe entity or retailer—\nconsents to the disclosure; or\nis required, under the entity’s or retailer’s approval or authority, to consent to the disclosure.\ns 120ZF ins 2001 No. 82 s 12\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZF-ssec.1) This section applies if an electricity entity or retailer gives QCA written information about the entity or retailer under this Act, the Electricity–National Scheme (Queensland) Act 1997 or the National Electricity Rules.\n(sec.120ZF-ssec.2) QCA must disclose the information to the regulator if— the regulator requests the disclosure for performing the regulator’s functions; and the entity or retailer— consents to the disclosure; or is required, under the entity’s or retailer’s approval or authority, to consent to the disclosure.\n- (a) the regulator requests the disclosure for performing the regulator’s functions; and\n- (b) the entity or retailer— (i) consents to the disclosure; or (ii) is required, under the entity’s or retailer’s approval or authority, to consent to the disclosure.\n- (i) consents to the disclosure; or\n- (ii) is required, under the entity’s or retailer’s approval or authority, to consent to the disclosure.\n- (i) consents to the disclosure; or\n- (ii) is required, under the entity’s or retailer’s approval or authority, to consent to the disclosure.","sortOrder":356},{"sectionNumber":"sec.120ZG","sectionType":"section","heading":"Protection of confidential information given for investigation","content":"### sec.120ZG Protection of confidential information given for investigation\n\nThis section applies if—\nQCA is conducting an investigation to find out whether an electricity entity or retailer is complying with a distribution network code; and\nthe electricity entity or retailer gives QCA information for the purpose of the investigation, whether or not the giving of the information was required under section 120ZE .\nSubject to section 120ZF , the QCA Act , section 187 applies as if the information had been made available for an investigation under that Act.\nIn this section—\ninformation includes a document.\ns 120ZG ins 2001 No. 82 s 12\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZG-ssec.1) This section applies if— QCA is conducting an investigation to find out whether an electricity entity or retailer is complying with a distribution network code; and the electricity entity or retailer gives QCA information for the purpose of the investigation, whether or not the giving of the information was required under section 120ZE .\n(sec.120ZG-ssec.2) Subject to section 120ZF , the QCA Act , section 187 applies as if the information had been made available for an investigation under that Act.\n(sec.120ZG-ssec.3) In this section— information includes a document.\n- (a) QCA is conducting an investigation to find out whether an electricity entity or retailer is complying with a distribution network code; and\n- (b) the electricity entity or retailer gives QCA information for the purpose of the investigation, whether or not the giving of the information was required under section 120ZE .","sortOrder":357},{"sectionNumber":"sec.120ZH","sectionType":"section","heading":"QCA’s powers concerning audit of compliance with distribution network code","content":"### sec.120ZH QCA’s powers concerning audit of compliance with distribution network code\n\nQCA may, by written notice to an electricity entity or retailer, require the entity or retailer to—\ncarry out an internal audit of all or any of the following—\nthe entity’s or retailer’s compliance with a distribution network code, either generally or about a stated particular matter or matters;\nthe reliability and quality of information given by the entity or retailer to QCA, under this Act; or\nappoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a) .\nThe notice may state terms of reference for carrying out the audit.\nQCA may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1) (a) concerning the entity or retailer if—\nthe entity or retailer does not comply with a notice given to it under the subsection; or\nQCA reasonably considers that a person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit.\nA person may be appointed as an independent auditor under subsection (1) (b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit.\ns 120ZH ins 2001 No. 82 s 12\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZH-ssec.1) QCA may, by written notice to an electricity entity or retailer, require the entity or retailer to— carry out an internal audit of all or any of the following— the entity’s or retailer’s compliance with a distribution network code, either generally or about a stated particular matter or matters; the reliability and quality of information given by the entity or retailer to QCA, under this Act; or appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a) .\n(sec.120ZH-ssec.2) The notice may state terms of reference for carrying out the audit.\n(sec.120ZH-ssec.3) QCA may appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in subsection (1) (a) concerning the entity or retailer if— the entity or retailer does not comply with a notice given to it under the subsection; or QCA reasonably considers that a person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit.\n(sec.120ZH-ssec.4) A person may be appointed as an independent auditor under subsection (1) (b) or (3) only if the appointer reasonably considers the person has the appropriate qualifications or experience for carrying out the audit.\n- (a) carry out an internal audit of all or any of the following— (i) the entity’s or retailer’s compliance with a distribution network code, either generally or about a stated particular matter or matters; (ii) the reliability and quality of information given by the entity or retailer to QCA, under this Act; or\n- (i) the entity’s or retailer’s compliance with a distribution network code, either generally or about a stated particular matter or matters;\n- (ii) the reliability and quality of information given by the entity or retailer to QCA, under this Act; or\n- (b) appoint a person as an independent auditor to carry out an audit of all or any of the things mentioned in paragraph (a) .\n- (i) the entity’s or retailer’s compliance with a distribution network code, either generally or about a stated particular matter or matters;\n- (ii) the reliability and quality of information given by the entity or retailer to QCA, under this Act; or\n- (a) the entity or retailer does not comply with a notice given to it under the subsection; or\n- (b) QCA reasonably considers that a person appointed under subsection (1) does not have appropriate qualifications or experience for carrying out the audit.","sortOrder":358},{"sectionNumber":"sec.120ZI","sectionType":"section","heading":"Responsibility for cost of audit","content":"### sec.120ZI Responsibility for cost of audit\n\nAn electricity entity or retailer required under section 120ZH (1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit.\nIf QCA appoints an independent auditor to carry out an audit concerning an electricity entity or retailer, the entity or retailer must reimburse QCA for the cost of the audit if required to do so by QCA.\ns 120ZI ins 2001 No. 82 s 12\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZI-ssec.1) An electricity entity or retailer required under section 120ZH (1) to carry out, or appoint an independent auditor to carry out, an audit is responsible for the cost of the audit.\n(sec.120ZI-ssec.2) If QCA appoints an independent auditor to carry out an audit concerning an electricity entity or retailer, the entity or retailer must reimburse QCA for the cost of the audit if required to do so by QCA.","sortOrder":359},{"sectionNumber":"sec.120ZJ","sectionType":"section","heading":"Independent auditor may require reasonable help or information","content":"### sec.120ZJ Independent auditor may require reasonable help or information\n\nAn independent auditor appointed under section 120ZH to carry out an audit concerning an electricity entity or retailer may require the entity or retailer to give the auditor—\nreasonable help to carry out the audit; or\naccess to the entity’s or retailer’s premises and records\nhelp from the entity’s or retailer’s employees\ninformation, in a form reasonably required by the auditor, to help the auditor carry out the audit.\nAn electricity entity or retailer required to give reasonable help under subsection (1) (a) , or information under subsection (1) (b) , must comply with the requirement unless the entity or retailer has a reasonable excuse.\nMaximum penalty—1,000 penalty units.\nIf the entity or retailer is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\ns 120ZJ ins 2001 No. 82 s 12\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZJ-ssec.1) An independent auditor appointed under section 120ZH to carry out an audit concerning an electricity entity or retailer may require the entity or retailer to give the auditor— reasonable help to carry out the audit; or access to the entity’s or retailer’s premises and records help from the entity’s or retailer’s employees information, in a form reasonably required by the auditor, to help the auditor carry out the audit.\n(sec.120ZJ-ssec.2) An electricity entity or retailer required to give reasonable help under subsection (1) (a) , or information under subsection (1) (b) , must comply with the requirement unless the entity or retailer has a reasonable excuse. Maximum penalty—1,000 penalty units.\n(sec.120ZJ-ssec.3) If the entity or retailer is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\n- (a) reasonable help to carry out the audit; or Examples— • access to the entity’s or retailer’s premises and records • help from the entity’s or retailer’s employees\n- • access to the entity’s or retailer’s premises and records\n- • help from the entity’s or retailer’s employees\n- (b) information, in a form reasonably required by the auditor, to help the auditor carry out the audit.\n- • access to the entity’s or retailer’s premises and records\n- • help from the entity’s or retailer’s employees","sortOrder":360},{"sectionNumber":"sec.120ZK","sectionType":"section","heading":"Audit report and submissions on report","content":"### sec.120ZK Audit report and submissions on report\n\nAn electricity entity or retailer required under section 120ZH (1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to QCA.\nThe copy must be given as soon as practicable after the audit is completed.\nIf QCA appoints an independent auditor to carry out an audit concerning an electricity entity or retailer, QCA must give the entity or retailer—\na copy of the draft audit report and an opportunity to make submissions to QCA on the draft report; and\na copy of the final audit report and an opportunity to make further submissions to QCA on the final report.\ns 120ZK ins 2001 No. 82 s 12\nsub 2006 No. 60 s 30\namd 2014 No. 48 s 183 sch 1\n(sec.120ZK-ssec.1) An electricity entity or retailer required under section 120ZH (1) to carry out, or appoint an independent auditor to carry out, an audit must give a copy of the audit report to QCA.\n(sec.120ZK-ssec.2) The copy must be given as soon as practicable after the audit is completed.\n(sec.120ZK-ssec.3) If QCA appoints an independent auditor to carry out an audit concerning an electricity entity or retailer, QCA must give the entity or retailer— a copy of the draft audit report and an opportunity to make submissions to QCA on the draft report; and a copy of the final audit report and an opportunity to make further submissions to QCA on the final report.\n- (a) a copy of the draft audit report and an opportunity to make submissions to QCA on the draft report; and\n- (b) a copy of the final audit report and an opportunity to make further submissions to QCA on the final report.","sortOrder":361},{"sectionNumber":"ch.5-pt.1A-div.7","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":362},{"sectionNumber":"sec.120ZL","sectionType":"section","heading":"Relationship with Fair Trading Act 1989","content":"### sec.120ZL Relationship with Fair Trading Act 1989\n\nTo remove any doubt, it is declared that a distribution network code does not limit or otherwise affect the operation of the Fair Trading Act 1989 , including the Australian Consumer Law (Queensland) forming part of that Act.\ns 120ZL ins 2001 No. 82 s 12\nsub 2006 No. 60 s 30 (amd 2007 No. 29 s 11 )\namd 2010 No. 54 s 67 sch ; 2014 No. 48 s 69","sortOrder":363},{"sectionNumber":"sec.120ZM","sectionType":"section","heading":null,"content":"### Section sec.120ZM\n\ns 120ZM ins 2001 No. 82 s 12\nsub 2006 No. 60 s 30 (amd 2007 No. 29 s 11 )\namd 2008 No. 33 s 60 ; 2010 No. 54 s 67 sch\nom 2014 No. 48 s 70","sortOrder":364},{"sectionNumber":"ch.5-pt.1B","sectionType":"part","heading":null,"content":"","sortOrder":365},{"sectionNumber":"sec.120ZN","sectionType":"section","heading":null,"content":"### Section sec.120ZN\n\ns 120ZN prev s 120ZN ins 2001 No. 82 s 12\nom 2006 No. 60 s 30\npres s 120ZN ins 2010 No. 17 s 38\nom 2014 No. 48 s 71","sortOrder":366},{"sectionNumber":"sec.120ZO","sectionType":"section","heading":null,"content":"### Section sec.120ZO\n\ns 120ZO ins 2001 No. 82 s 12\nom 2006 No. 60 s 30","sortOrder":367},{"sectionNumber":"ch.5-pt.1C","sectionType":"part","heading":null,"content":"","sortOrder":368},{"sectionNumber":"ch.5-pt.1C-div.1","sectionType":"division","heading":null,"content":"","sortOrder":369},{"sectionNumber":"sec.120ZP","sectionType":"section","heading":null,"content":"### Section sec.120ZP\n\ns 120ZP (prev s 120ZY) ins 2000 No. 39 s 10\nsub as s 120ZP 2001 No. 82 s 13\nom 2006 No. 60 s 30","sortOrder":370},{"sectionNumber":"sec.120ZQ","sectionType":"section","heading":null,"content":"### Section sec.120ZQ\n\ns 120ZQ (prev s 120ZZ) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":371},{"sectionNumber":"sec.120ZR","sectionType":"section","heading":null,"content":"### Section sec.120ZR\n\ns 120ZR (prev s 120ZZA) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":372},{"sectionNumber":"ch.5-pt.1C-div.2","sectionType":"division","heading":null,"content":"","sortOrder":373},{"sectionNumber":"sec.120ZS","sectionType":"section","heading":null,"content":"### Section sec.120ZS\n\ns 120ZS (prev s 120ZZC) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\namd 2004 No. 50 s 10\nom 2006 No. 60 s 30","sortOrder":374},{"sectionNumber":"sec.120ZT","sectionType":"section","heading":null,"content":"### Section sec.120ZT\n\ns 120ZT (prev s 120ZZD) ins 2000 No. 39 s 10\namd 2001 No. 82 s 15\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":375},{"sectionNumber":"sec.120ZU","sectionType":"section","heading":null,"content":"### Section sec.120ZU\n\ns 120ZU (prev s 120ZZE) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":376},{"sectionNumber":"sec.120ZV","sectionType":"section","heading":null,"content":"### Section sec.120ZV\n\ns 120ZV (prev s 120ZZF) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":377},{"sectionNumber":"sec.120ZW","sectionType":"section","heading":null,"content":"### Section sec.120ZW\n\ns 120ZW (prev s 120ZZFA) ins 2001 No. 82 s 16\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":378},{"sectionNumber":"sec.120ZX","sectionType":"section","heading":null,"content":"### Section sec.120ZX\n\ns 120ZX (prev s 120ZZG) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\namd 2005 No. 51 s 3 sch\nom 2006 No. 60 s 30","sortOrder":379},{"sectionNumber":"ch.5-pt.1C-div.3","sectionType":"division","heading":null,"content":"","sortOrder":380},{"sectionNumber":"sec.120ZY","sectionType":"section","heading":null,"content":"### Section sec.120ZY\n\ns 120ZY (prev s 120ZZH) ins 2000 No. 39 s 10\namd 2001 No. 82 s 17\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":381},{"sectionNumber":"sec.120ZZ","sectionType":"section","heading":null,"content":"### Section sec.120ZZ\n\ns 120ZZ (prev s 120ZZI) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":382},{"sectionNumber":"sec.120ZZA","sectionType":"section","heading":null,"content":"### Section sec.120ZZA\n\ns 120ZZA (prev s 120ZZJ) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":383},{"sectionNumber":"sec.120ZZB","sectionType":"section","heading":null,"content":"### Section sec.120ZZB\n\ns 120ZZB orig s 120ZZB ins 2000 No. 39 s 10\nom 2001 No. 82 s 14\nrenum 2001 No. 82 s 3 sch (amdt could not be given effect)\nprev s 120ZZB (prev s 120ZZK) ins 2000 No. 39 s 10\namd 2001 No. 82 s 3 sch\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":384},{"sectionNumber":"sec.120ZZC","sectionType":"section","heading":null,"content":"### Section sec.120ZZC\n\ns 120ZZC (prev s 120ZZL) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\namd 2004 No. 50 s 11\nom 2006 No. 60 s 30","sortOrder":385},{"sectionNumber":"sec.120ZZD","sectionType":"section","heading":null,"content":"### Section sec.120ZZD\n\ns 120ZZD (prev s 120ZZM) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":386},{"sectionNumber":"sec.120ZZE","sectionType":"section","heading":null,"content":"### Section sec.120ZZE\n\ns 120ZZE (prev s 120ZZN) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":387},{"sectionNumber":"sec.120ZZF","sectionType":"section","heading":null,"content":"### Section sec.120ZZF\n\ns 120ZZF (prev s 120ZZO) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":388},{"sectionNumber":"sec.120ZZG","sectionType":"section","heading":null,"content":"### Section sec.120ZZG\n\ns 120ZZG (prev s 120ZZP) ins 2000 No. 39 s 10\nrenum 2001 No. 82 s 3 sch\nom 2006 No. 60 s 30","sortOrder":389},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Restrictions and rationing","content":"# Restrictions and rationing","sortOrder":390},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Electricity restriction regulations","content":"## Electricity restriction regulations","sortOrder":391},{"sectionNumber":"sec.121","sectionType":"section","heading":"Purpose of electricity restriction regulations","content":"### sec.121 Purpose of electricity restriction regulations\n\nThe purpose of an electricity restriction regulation is to restrict the use of electricity provided through a transmission grid or supply network or part of a transmission grid or supply network to ensure there is a regular, economically efficient and constant supply of electricity within the available supply capacity of the transmission grid or supply network or part of the transmission grid or supply network.\nThere are limitations in the capacity of generating plant or other works of an electricity entity. The use of large appliances (for example, industrial welders and large self-contained refrigerative air conditioners) may affect the quality of electricity supply to customers by causing unacceptable variations in voltage. It may not be economically practicable to increase the electricity entity’s generating plant capacity to cater for the large appliances. In the interests of maintaining supply for all customers, it may be necessary or desirable to make an electricity restriction regulation to restrict the use of the large appliances.","sortOrder":392},{"sectionNumber":"sec.122","sectionType":"section","heading":"Electricity restriction regulations","content":"### sec.122 Electricity restriction regulations\n\nA regulation (an electricity restriction regulation ) may restrict the use of electricity provided through a transmission grid or supply network in a way the Governor in Council considers necessary or desirable to achieve the regulation’s purpose.\nAn electricity restriction regulation may restrict the use of electricity by regulating the use of electricity provided through a transmission grid or supply network, including, for example, by regulating—\nthe customers that may receive electricity; and\nthe maximum demand that may be imposed on the transmission grid or supply network by an electrical installation; and\nthe purposes for which electricity supplied through the transmission grid or supply network may be used; and\nthe electrical equipment that may be used by customers entitled to be provided with electricity through the transmission grid or supply network.\nAn electricity restriction regulation must state the purpose to be achieved by the regulation.\ns 122 amd 2002 No. 42 s 242 sch 1\n(sec.122-ssec.1) A regulation (an electricity restriction regulation ) may restrict the use of electricity provided through a transmission grid or supply network in a way the Governor in Council considers necessary or desirable to achieve the regulation’s purpose.\n(sec.122-ssec.2) An electricity restriction regulation may restrict the use of electricity by regulating the use of electricity provided through a transmission grid or supply network, including, for example, by regulating— the customers that may receive electricity; and the maximum demand that may be imposed on the transmission grid or supply network by an electrical installation; and the purposes for which electricity supplied through the transmission grid or supply network may be used; and the electrical equipment that may be used by customers entitled to be provided with electricity through the transmission grid or supply network.\n(sec.122-ssec.3) An electricity restriction regulation must state the purpose to be achieved by the regulation.\n- (a) the customers that may receive electricity; and\n- (b) the maximum demand that may be imposed on the transmission grid or supply network by an electrical installation; and\n- (c) the purposes for which electricity supplied through the transmission grid or supply network may be used; and\n- (d) the electrical equipment that may be used by customers entitled to be provided with electricity through the transmission grid or supply network.","sortOrder":393},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 om 2005 No. 51 s 5","sortOrder":394},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Emergency rationing orders","content":"## Emergency rationing orders","sortOrder":395},{"sectionNumber":"sec.124","sectionType":"section","heading":"Making of emergency rationing orders","content":"### sec.124 Making of emergency rationing orders\n\nThe Minister may, by gazette notice, make an order rationing the use of electricity (an emergency rationing order ).\nThe Minister may make the order only if satisfied that—\nbecause of an emergency, an electricity entity can not supply the electricity needed by its customers; and\nthe making of the order is necessary to enable continued supply of electricity by restricting electricity use to the level of available supply.\nThe order must outline the nature of the emergency.\n(sec.124-ssec.1) The Minister may, by gazette notice, make an order rationing the use of electricity (an emergency rationing order ).\n(sec.124-ssec.2) The Minister may make the order only if satisfied that— because of an emergency, an electricity entity can not supply the electricity needed by its customers; and the making of the order is necessary to enable continued supply of electricity by restricting electricity use to the level of available supply.\n(sec.124-ssec.3) The order must outline the nature of the emergency.\n- (a) because of an emergency, an electricity entity can not supply the electricity needed by its customers; and\n- (b) the making of the order is necessary to enable continued supply of electricity by restricting electricity use to the level of available supply.","sortOrder":396},{"sectionNumber":"sec.125","sectionType":"section","heading":"Making of emergency rationing orders other than by gazette notice","content":"### sec.125 Making of emergency rationing orders other than by gazette notice\n\nIf the Minister is satisfied that it is necessary, because of extraordinary circumstances, to make an emergency rationing order other than by gazette notice, the Minister may make the order and immediately advertise the making of the order in the way the Minister considers most appropriate to notify persons likely to be affected by the order.\nThe order expires if it is not notified in the gazette within 3 days after it is made.\nThe order also expires if it is not tabled in the Legislative Assembly on the next sitting day after it is made.\n(sec.125-ssec.1) If the Minister is satisfied that it is necessary, because of extraordinary circumstances, to make an emergency rationing order other than by gazette notice, the Minister may make the order and immediately advertise the making of the order in the way the Minister considers most appropriate to notify persons likely to be affected by the order.\n(sec.125-ssec.2) The order expires if it is not notified in the gazette within 3 days after it is made.\n(sec.125-ssec.3) The order also expires if it is not tabled in the Legislative Assembly on the next sitting day after it is made.","sortOrder":397},{"sectionNumber":"sec.126","sectionType":"section","heading":"What order may provide","content":"### sec.126 What order may provide\n\nAn emergency rationing order may regulate the use or supply of electricity in the way the Minister considers necessary to enable the continued supply of electricity in the emergency.","sortOrder":398},{"sectionNumber":"sec.127","sectionType":"section","heading":"Advertisement of order","content":"### sec.127 Advertisement of order\n\nA distribution entity whose distribution area is affected by an emergency rationing order must advertise the order, the repeal or expiry of the order, and any amendment of the order, as prescribed under the regulations.\ns 127 amd 1997 No. 26 s 33","sortOrder":399},{"sectionNumber":"sec.128","sectionType":"section","heading":"Period of operation of order","content":"### sec.128 Period of operation of order\n\nThe Minister must repeal the emergency rationing order as soon as possible after the Minister is satisfied the order is no longer necessary to enable the continued supply of electricity or the emergency no longer exists.\nThe order expires 1 month after it is gazetted, unless it is earlier repealed or the order states it operates for a shorter period.\nSubsection (1) does not stop the making of a fresh emergency rationing order.\n(sec.128-ssec.1) The Minister must repeal the emergency rationing order as soon as possible after the Minister is satisfied the order is no longer necessary to enable the continued supply of electricity or the emergency no longer exists.\n(sec.128-ssec.2) The order expires 1 month after it is gazetted, unless it is earlier repealed or the order states it operates for a shorter period.\n(sec.128-ssec.3) Subsection (1) does not stop the making of a fresh emergency rationing order.","sortOrder":400},{"sectionNumber":"sec.129","sectionType":"section","heading":"Emergency rationing order prevails over existing agreements with customers","content":"### sec.129 Emergency rationing order prevails over existing agreements with customers\n\nIf there is an inconsistency between an emergency rationing order and an agreement between an electricity entity or special approval holder and a customer, the order prevails to the extent of the inconsistency.\nHowever, subsection (1) alone does not limit the liability of the electricity entity or special approval holder for failure to supply electricity to a customer.\n(sec.129-ssec.1) If there is an inconsistency between an emergency rationing order and an agreement between an electricity entity or special approval holder and a customer, the order prevails to the extent of the inconsistency.\n(sec.129-ssec.2) However, subsection (1) alone does not limit the liability of the electricity entity or special approval holder for failure to supply electricity to a customer.","sortOrder":401},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Limitation on restrictions and rationing","content":"## Limitation on restrictions and rationing","sortOrder":402},{"sectionNumber":"sec.129A","sectionType":"section","heading":"Limitation for Stanwell Magnesium Plant","content":"### sec.129A Limitation for Stanwell Magnesium Plant\n\nThis section applies if, apart from this section, an electricity restriction regulation or emergency rationing order applies to the supply of electricity to, or the use of electricity at, the Stanwell Magnesium Plant.\nThe regulation or rationing order applies only to the supply of electricity to, or the use of electricity at, the plant that is more than the demand prescribed under a regulation.\nThe prescribed demand—\nmust be at least 50MW; but\nmust not be more than 100MW.\nSubsection (2) applies despite any other provision of this part.\nIn this section—\nStanwell Magnesium Plant means the magnesium production plant that Australian Magnesium Operations Pty Ltd (ABN 38 058 918 175) has built, or proposes to build, adjacent to the electricity generating facility at Stanwell called the ‘Stanwell Power Station.\ns 129A ins 2001 No. 46 s 6\nexp 31 December 2033 (see s 129B)\n(sec.129A-ssec.1) This section applies if, apart from this section, an electricity restriction regulation or emergency rationing order applies to the supply of electricity to, or the use of electricity at, the Stanwell Magnesium Plant.\n(sec.129A-ssec.2) The regulation or rationing order applies only to the supply of electricity to, or the use of electricity at, the plant that is more than the demand prescribed under a regulation.\n(sec.129A-ssec.3) The prescribed demand— must be at least 50MW; but must not be more than 100MW.\n(sec.129A-ssec.4) Subsection (2) applies despite any other provision of this part.\n(sec.129A-ssec.5) In this section— Stanwell Magnesium Plant means the magnesium production plant that Australian Magnesium Operations Pty Ltd (ABN 38 058 918 175) has built, or proposes to build, adjacent to the electricity generating facility at Stanwell called the ‘Stanwell Power Station.\n- (a) must be at least 50MW; but\n- (b) must not be more than 100MW.","sortOrder":403},{"sectionNumber":"sec.129B","sectionType":"section","heading":"Expiry of div 3","content":"### sec.129B Expiry of div 3\n\nThis division expires on 31 December 2033.\ns 129B ins 2001 No. 46 s 6\nexp 31 December 2033 (see s 129B)","sortOrder":404},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Action by regulator to ensure supply of electricity by electricity entities","content":"# Action by regulator to ensure supply of electricity by electricity entities","sortOrder":405},{"sectionNumber":"sec.130","sectionType":"section","heading":"Governor in Council may authorise regulator to take over operation of relevant operations","content":"### sec.130 Governor in Council may authorise regulator to take over operation of relevant operations\n\nThis section applies if the regulator advises the Minister that the regulator is satisfied, on reasonable grounds, that—\nan electricity entity (the defaulting entity )—\nhas contravened this Act; or\nhas contravened a condition of its authority; or\nif the defaulting entity is a Registered participant—\nhas had its registration as a code participant cancelled or suspended; or\nis the subject of a direction given by AEMO or an order made by the Australian Energy Regulator or a court; or\nhas had its authority cancelled, amended or suspended; or\nis insolvent or is likely to become insolvent; or\nis not, or is no longer, a suitable person to hold an authority of the type it holds; and\nto ensure customers receive an adequate, reliable and secure supply of electricity, it is necessary for the regulator to take over the operation of the whole or part of the defaulting entity’s operating works and business (the relevant operations ).\nIf this section applies, the Governor in Council may by gazette notice, authorise the regulator to take over the operation of the relevant operations for the time the regulator considers necessary to ensure customers receive an adequate, reliable and secure supply of electricity.\nThe authority may provide for any matter for which it is necessary or convenient to help the regulator take over the operation of the relevant operations.\nThe Governor in Council must notify the making of an authorisation under subsection (2) by gazette notice within 14 days.\nFailure to notify under subsection (4) does not invalidate the authorisation.\ns 130 sub 1997 No. 77 s 40\namd 2005 No. 51 s 3 sch ; 2009 No. 16 s 16\n(sec.130-ssec.1) This section applies if the regulator advises the Minister that the regulator is satisfied, on reasonable grounds, that— an electricity entity (the defaulting entity )— has contravened this Act; or has contravened a condition of its authority; or if the defaulting entity is a Registered participant— has had its registration as a code participant cancelled or suspended; or is the subject of a direction given by AEMO or an order made by the Australian Energy Regulator or a court; or has had its authority cancelled, amended or suspended; or is insolvent or is likely to become insolvent; or is not, or is no longer, a suitable person to hold an authority of the type it holds; and to ensure customers receive an adequate, reliable and secure supply of electricity, it is necessary for the regulator to take over the operation of the whole or part of the defaulting entity’s operating works and business (the relevant operations ).\n(sec.130-ssec.2) If this section applies, the Governor in Council may by gazette notice, authorise the regulator to take over the operation of the relevant operations for the time the regulator considers necessary to ensure customers receive an adequate, reliable and secure supply of electricity.\n(sec.130-ssec.3) The authority may provide for any matter for which it is necessary or convenient to help the regulator take over the operation of the relevant operations.\n(sec.130-ssec.4) The Governor in Council must notify the making of an authorisation under subsection (2) by gazette notice within 14 days.\n(sec.130-ssec.5) Failure to notify under subsection (4) does not invalidate the authorisation.\n- (a) an electricity entity (the defaulting entity )— (i) has contravened this Act; or (ii) has contravened a condition of its authority; or (iii) if the defaulting entity is a Registered participant— (A) has had its registration as a code participant cancelled or suspended; or (B) is the subject of a direction given by AEMO or an order made by the Australian Energy Regulator or a court; or (iv) has had its authority cancelled, amended or suspended; or (v) is insolvent or is likely to become insolvent; or (vi) is not, or is no longer, a suitable person to hold an authority of the type it holds; and\n- (i) has contravened this Act; or\n- (ii) has contravened a condition of its authority; or\n- (iii) if the defaulting entity is a Registered participant— (A) has had its registration as a code participant cancelled or suspended; or (B) is the subject of a direction given by AEMO or an order made by the Australian Energy Regulator or a court; or\n- (A) has had its registration as a code participant cancelled or suspended; or\n- (B) is the subject of a direction given by AEMO or an order made by the Australian Energy Regulator or a court; or\n- (iv) has had its authority cancelled, amended or suspended; or\n- (v) is insolvent or is likely to become insolvent; or\n- (vi) is not, or is no longer, a suitable person to hold an authority of the type it holds; and\n- (b) to ensure customers receive an adequate, reliable and secure supply of electricity, it is necessary for the regulator to take over the operation of the whole or part of the defaulting entity’s operating works and business (the relevant operations ).\n- (i) has contravened this Act; or\n- (ii) has contravened a condition of its authority; or\n- (iii) if the defaulting entity is a Registered participant— (A) has had its registration as a code participant cancelled or suspended; or (B) is the subject of a direction given by AEMO or an order made by the Australian Energy Regulator or a court; or\n- (A) has had its registration as a code participant cancelled or suspended; or\n- (B) is the subject of a direction given by AEMO or an order made by the Australian Energy Regulator or a court; or\n- (iv) has had its authority cancelled, amended or suspended; or\n- (v) is insolvent or is likely to become insolvent; or\n- (vi) is not, or is no longer, a suitable person to hold an authority of the type it holds; and\n- (A) has had its registration as a code participant cancelled or suspended; or\n- (B) is the subject of a direction given by AEMO or an order made by the Australian Energy Regulator or a court; or","sortOrder":406},{"sectionNumber":"sec.131","sectionType":"section","heading":"Effect of regulator taking over operation of relevant operations","content":"### sec.131 Effect of regulator taking over operation of relevant operations\n\nOn the regulator taking over the operation of a defaulting entity’s relevant operations, the relevant operations may be operated by the person (the operator ) appointed by the regulator.\nThe operator need not be an electricity entity.\nThe operator—\nmust comply with the conditions that applied to the defaulting entity that the regulator states in the appointment; and\nmust comply with any conditions imposed and directions given by the regulator; and\nmust comply with provisions of this Act about the operation of the relevant operations; and\nmay enter—\nthe site of relevant operations; and\nother property necessary for the efficient operation of the relevant operations (including necessary access to the relevant operations and other property).\nThe operator may do all things necessary or convenient to ensure the relevant operations continue to operate as required by the regulator.\nemploy, or continuing to employ, employees at the relevant operations\nenter into contracts for the supply of fuel and the provision of customer connection services and customer retail services\nThe defaulting entity and other persons in possession or occupancy of property concerning the operation of the relevant operations must give the operator access to the property necessary to enter to enable the efficient operation of the relevant operations.\nMaximum penalty—500 penalty units or 6 months imprisonment.\nThe defaulting entity and anyone else in possession or occupancy of property must not take action, or refuse to take action, if the taking of the action, or the refusing to take the action, has the effect of preventing or hindering the operation of the relevant operations under this section.\nMaximum penalty—1,000 penalty units or 6 months imprisonment.\nSubsections (5) and (6) do not apply to an act done, or omission made, during or in connection with industrial action (within the meaning of the Industrial Relations Act 2016 or the Fair Work Act 2009 (Cwlth) ).\nThe owner of the relevant operations and the defaulting entity are liable for the cost of the operation of the relevant operations by the operator.\nThe person who would, apart from this section, have the right to the proceeds from the operation of the relevant operations has the right to receive the income received by the operator from operating the relevant operations less all costs (including operating fees approved by the regulator) properly included in operating the relevant operations.\nThe disposal of, or other dealing in, the relevant operations does not affect the operation of this section.\nFor this section—\nan electricity entity is solvent if the entity is able to pay all of the entity’s debts, as and when they become due and payable; and\nan electricity entity that is not solvent is insolvent.\ns 131 amd 1997 No. 77 s 41 ; 1999 No. 33 s 747 sch ; 2009 No. 49 s 27 ; 2016 No. 63 s 1157 sch 6\n(sec.131-ssec.1) On the regulator taking over the operation of a defaulting entity’s relevant operations, the relevant operations may be operated by the person (the operator ) appointed by the regulator.\n(sec.131-ssec.2) The operator need not be an electricity entity.\n(sec.131-ssec.3) The operator— must comply with the conditions that applied to the defaulting entity that the regulator states in the appointment; and must comply with any conditions imposed and directions given by the regulator; and must comply with provisions of this Act about the operation of the relevant operations; and may enter— the site of relevant operations; and other property necessary for the efficient operation of the relevant operations (including necessary access to the relevant operations and other property).\n(sec.131-ssec.4) The operator may do all things necessary or convenient to ensure the relevant operations continue to operate as required by the regulator. employ, or continuing to employ, employees at the relevant operations enter into contracts for the supply of fuel and the provision of customer connection services and customer retail services\n(sec.131-ssec.5) The defaulting entity and other persons in possession or occupancy of property concerning the operation of the relevant operations must give the operator access to the property necessary to enter to enable the efficient operation of the relevant operations. Maximum penalty—500 penalty units or 6 months imprisonment.\n(sec.131-ssec.6) The defaulting entity and anyone else in possession or occupancy of property must not take action, or refuse to take action, if the taking of the action, or the refusing to take the action, has the effect of preventing or hindering the operation of the relevant operations under this section. Maximum penalty—1,000 penalty units or 6 months imprisonment.\n(sec.131-ssec.7) Subsections (5) and (6) do not apply to an act done, or omission made, during or in connection with industrial action (within the meaning of the Industrial Relations Act 2016 or the Fair Work Act 2009 (Cwlth) ).\n(sec.131-ssec.8) The owner of the relevant operations and the defaulting entity are liable for the cost of the operation of the relevant operations by the operator.\n(sec.131-ssec.9) The person who would, apart from this section, have the right to the proceeds from the operation of the relevant operations has the right to receive the income received by the operator from operating the relevant operations less all costs (including operating fees approved by the regulator) properly included in operating the relevant operations.\n(sec.131-ssec.10) The disposal of, or other dealing in, the relevant operations does not affect the operation of this section.\n(sec.131-ssec.11) For this section— an electricity entity is solvent if the entity is able to pay all of the entity’s debts, as and when they become due and payable; and an electricity entity that is not solvent is insolvent.\n- (a) must comply with the conditions that applied to the defaulting entity that the regulator states in the appointment; and\n- (b) must comply with any conditions imposed and directions given by the regulator; and\n- (c) must comply with provisions of this Act about the operation of the relevant operations; and\n- (d) may enter— (i) the site of relevant operations; and (ii) other property necessary for the efficient operation of the relevant operations (including necessary access to the relevant operations and other property).\n- (i) the site of relevant operations; and\n- (ii) other property necessary for the efficient operation of the relevant operations (including necessary access to the relevant operations and other property).\n- (i) the site of relevant operations; and\n- (ii) other property necessary for the efficient operation of the relevant operations (including necessary access to the relevant operations and other property).\n- • employ, or continuing to employ, employees at the relevant operations\n- • enter into contracts for the supply of fuel and the provision of customer connection services and customer retail services\n- (a) an electricity entity is solvent if the entity is able to pay all of the entity’s debts, as and when they become due and payable; and\n- (b) an electricity entity that is not solvent is insolvent.","sortOrder":407},{"sectionNumber":"ch.5-pt.3A","sectionType":"part","heading":null,"content":"","sortOrder":408},{"sectionNumber":"sec.131A","sectionType":"section","heading":null,"content":"### Section sec.131A\n\ns 131A ins 1997 No. 77 s 42\namd 2006 No. 60 s 31 ; 2010 No. 31 s 405\nom 2014 No. 48 s 71","sortOrder":409},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Disciplinary action against electricity entities","content":"# Disciplinary action against electricity entities","sortOrder":410},{"sectionNumber":"sec.132","sectionType":"section","heading":"Grounds for disciplinary action","content":"### sec.132 Grounds for disciplinary action\n\nEach of the following is a ground for taking disciplinary action against an electricity entity—\nthe entity’s authority was obtained by incorrect or misleading information;\nthe entity has contravened this Act, the Electrical Safety Act or the Energy and Water Ombudsman Act 2006 ;\nthe entity has contravened a condition of its authority;\nthe entity is not, or is no longer, a suitable person to be the holder of an authority of the relevant type;\nfor a generation entity, transmission entity or distribution entity—the owner of the generating plant, transmission grid or supply network is not, or is no longer, a suitable person to be the owner.\nThe question whether a person is, or continues to be, a suitable person is decided in the same way as the question whether the person would be a suitable person for the issue of an authority of the relevant type.\ns 132 amd 1997 No. 26 s 34 ; 2002 No. 42 s 242 sch 1 ; 2008 No. 33 s 61 ; 2014 No. 48 s 72\n(sec.132-ssec.1) Each of the following is a ground for taking disciplinary action against an electricity entity— the entity’s authority was obtained by incorrect or misleading information; the entity has contravened this Act, the Electrical Safety Act or the Energy and Water Ombudsman Act 2006 ; the entity has contravened a condition of its authority; the entity is not, or is no longer, a suitable person to be the holder of an authority of the relevant type; for a generation entity, transmission entity or distribution entity—the owner of the generating plant, transmission grid or supply network is not, or is no longer, a suitable person to be the owner.\n(sec.132-ssec.2) The question whether a person is, or continues to be, a suitable person is decided in the same way as the question whether the person would be a suitable person for the issue of an authority of the relevant type.\n- (a) the entity’s authority was obtained by incorrect or misleading information;\n- (b) the entity has contravened this Act, the Electrical Safety Act or the Energy and Water Ombudsman Act 2006 ;\n- (c) the entity has contravened a condition of its authority;\n- (d) the entity is not, or is no longer, a suitable person to be the holder of an authority of the relevant type;\n- (e) for a generation entity, transmission entity or distribution entity—the owner of the generating plant, transmission grid or supply network is not, or is no longer, a suitable person to be the owner.","sortOrder":411},{"sectionNumber":"sec.133","sectionType":"section","heading":"Types of disciplinary action","content":"### sec.133 Types of disciplinary action\n\nThe regulator may take the following disciplinary action against an electricity entity—\nfor a generation entity or transmission entity—cancel, suspend or amend its authority;\nfor a distribution entity—cancel, suspend or amend its authority for its distribution area or part of its distribution area.\nThe regulator may only take disciplinary action against an electricity entity for a material contravention of a distribution network code if the contravention has been referred to the regulator by QCA, whether or not a proceeding has been started in relation to the contravention.\nFor when QCA must or may make the referral, see sections 120ZB and 120ZC .\nIf the ground for taking disciplinary action is that the electricity entity has contravened this Act, the Electrical Safety Act , the Energy and Water Ombudsman Act 2006 , a distribution network code or a condition of its authority, the regulator may impose a civil penalty of not more than the amount of 1,333 penalty units for each contravention.\nSee also chapter 11 , part 1A (Provisions for civil penalty proceedings).\nHowever, if the contravention is a contravention of a distribution network code, subsection (3) only applies if QCA has not applied for a civil penalty order under section 120X .\nIf the ground for taking disciplinary action is that the electricity entity has contravened a condition of its authority by holding a prohibited interest, in addition to the penalty under subsection (3) , the regulator may decide that 1 or more of the interests that gave rise to the contravention must be disposed of.\nThe regulator may make a decision under subsection (5) based on the information that the regulator considers sufficient in the circumstances.\nIf the regulator makes a decision under subsection (5) , the regulator must give written notice of the decision to—\nthe electricity entity that has contravened a condition of its authority by holding a prohibited interest (the offending electricity entity ); or\nif the offending electricity entity does not hold the prohibited interest—to the person who holds the interest the subject of the decision.\nThe notice must require the offending electricity entity or the other person to dispose of the interest the subject of the decision within a stated time of not less than 90 days.\nFor subsection (8) , the interest must not be disposed of to a person, if the disposal would result in a contravention of a condition of the offending electricity entity’s authority.\nA decision of the regulator under subsection (5) takes effect when written notice is given to the offending electricity entity or the other person.\nIf the offending electricity entity or person is given a notice requiring disposal of an interest and the person or entity does not comply with the notice within the time stated in the notice, the interest the subject of the decision is forfeited to the State, free from any mortgage, charge, lien, pledge, restriction or other encumbrance.\nThe regulator must sell any forfeited interest under subsection (11) .\nAn amount from the sale of a forfeited interest, after deduction of reasonable costs of forfeiture and sale, must be paid to the person from whom the interest was forfeited.\nThe regulator may, by written notice to the offending electricity entity or other person, amend or cancel a decision made by the regulator under subsection (5) with effect from the day of the decision or some other day fixed by the regulator.\nThe regulator may take action under this section even though the regulator issued, contrary to this Act, an authority that gave rise to the contravention of a condition of the offending electricity entity’s authority by its holding a prohibited interest.\nThe regulator may take the action stated in subsection (17) if the regulator—\nmakes a decision under subsection (5) and the ground for making the decision is that a person (the offender ) has a prohibited interest, because the person is in a position to exercise control over a person, entity or authority or thing; or\nforms the opinion that the offender has a prohibited interest of the kind contemplated by schedule 2 , section 3B (b) (iii) .\nFor subsection (16) , the regulator may, by written notice served on the offender, decide that the offender must do 1 or more of the following to the extent necessary to prevent there being a prohibited interest within a stated reasonable time of less than 90 days—\nstop exercising control over the person, entity or authority;\nend any relevant agreement, arrangement, understanding or undertaking;\ntake, or refrain from taking, any other action stated in the notice.\nSubsections (6) , (10) , (14) and (15) apply to a decision made by the regulator under subsection (16) .\nIf an electricity entity fails to pay a penalty under this section within the time allowed by the regulator, the regulator may take further action for the contravention for which the penalty was imposed.\nA reference in this section to amending an authority includes a reference to amending its conditions.\nIn this section—\nauthority (other than in subsections (1) and (20) ) includes a special approval.\nelectricity entity (other than in subsections (1) and (20) ) includes a special approval holder.\ninterest includes the following—\na legal or equitable interest in shares, stock, units or voting rights;\na legal or equitable right to acquire shares, stock, units or voting rights;\na right to decide the way in which a vote or other interest attaching to shares, stock, units or voting rights will be exercised;\na right under an agreement, an arrangement, a contract, a deed, an understanding or an undertaking;\nother rights or interests capable of conveyance, transfer, sale, disposal or assignment;\nanother interest prescribed by regulation.\nsell means—\nsell by wholesale, retail or auction; or\nagree, attempt or offer to sell; or\npossess, expose or advertise for sale; or\ncause or permit to be sold.\ns 133 amd 1997 No. 26 s 35 ; 1997 No. 50 s 20\nsub 1997 No. 77 s 43 ;\namd 2002 No. 42 s 242 sch 1 ; 2006 No. 60 s 32 ; 2008 No. 33 s 125 sch 1 ; 2010 No. 53 s 258 sch 2 ; 2014 No. 48 s 73\n(sec.133-ssec.1) The regulator may take the following disciplinary action against an electricity entity— for a generation entity or transmission entity—cancel, suspend or amend its authority; for a distribution entity—cancel, suspend or amend its authority for its distribution area or part of its distribution area.\n(sec.133-ssec.2) The regulator may only take disciplinary action against an electricity entity for a material contravention of a distribution network code if the contravention has been referred to the regulator by QCA, whether or not a proceeding has been started in relation to the contravention. For when QCA must or may make the referral, see sections 120ZB and 120ZC .\n(sec.133-ssec.3) If the ground for taking disciplinary action is that the electricity entity has contravened this Act, the Electrical Safety Act , the Energy and Water Ombudsman Act 2006 , a distribution network code or a condition of its authority, the regulator may impose a civil penalty of not more than the amount of 1,333 penalty units for each contravention. See also chapter 11 , part 1A (Provisions for civil penalty proceedings).\n(sec.133-ssec.4) However, if the contravention is a contravention of a distribution network code, subsection (3) only applies if QCA has not applied for a civil penalty order under section 120X .\n(sec.133-ssec.5) If the ground for taking disciplinary action is that the electricity entity has contravened a condition of its authority by holding a prohibited interest, in addition to the penalty under subsection (3) , the regulator may decide that 1 or more of the interests that gave rise to the contravention must be disposed of.\n(sec.133-ssec.6) The regulator may make a decision under subsection (5) based on the information that the regulator considers sufficient in the circumstances.\n(sec.133-ssec.7) If the regulator makes a decision under subsection (5) , the regulator must give written notice of the decision to— the electricity entity that has contravened a condition of its authority by holding a prohibited interest (the offending electricity entity ); or if the offending electricity entity does not hold the prohibited interest—to the person who holds the interest the subject of the decision.\n(sec.133-ssec.8) The notice must require the offending electricity entity or the other person to dispose of the interest the subject of the decision within a stated time of not less than 90 days.\n(sec.133-ssec.9) For subsection (8) , the interest must not be disposed of to a person, if the disposal would result in a contravention of a condition of the offending electricity entity’s authority.\n(sec.133-ssec.10) A decision of the regulator under subsection (5) takes effect when written notice is given to the offending electricity entity or the other person.\n(sec.133-ssec.11) If the offending electricity entity or person is given a notice requiring disposal of an interest and the person or entity does not comply with the notice within the time stated in the notice, the interest the subject of the decision is forfeited to the State, free from any mortgage, charge, lien, pledge, restriction or other encumbrance.\n(sec.133-ssec.12) The regulator must sell any forfeited interest under subsection (11) .\n(sec.133-ssec.13) An amount from the sale of a forfeited interest, after deduction of reasonable costs of forfeiture and sale, must be paid to the person from whom the interest was forfeited.\n(sec.133-ssec.14) The regulator may, by written notice to the offending electricity entity or other person, amend or cancel a decision made by the regulator under subsection (5) with effect from the day of the decision or some other day fixed by the regulator.\n(sec.133-ssec.15) The regulator may take action under this section even though the regulator issued, contrary to this Act, an authority that gave rise to the contravention of a condition of the offending electricity entity’s authority by its holding a prohibited interest.\n(sec.133-ssec.16) The regulator may take the action stated in subsection (17) if the regulator— makes a decision under subsection (5) and the ground for making the decision is that a person (the offender ) has a prohibited interest, because the person is in a position to exercise control over a person, entity or authority or thing; or forms the opinion that the offender has a prohibited interest of the kind contemplated by schedule 2 , section 3B (b) (iii) .\n(sec.133-ssec.17) For subsection (16) , the regulator may, by written notice served on the offender, decide that the offender must do 1 or more of the following to the extent necessary to prevent there being a prohibited interest within a stated reasonable time of less than 90 days— stop exercising control over the person, entity or authority; end any relevant agreement, arrangement, understanding or undertaking; take, or refrain from taking, any other action stated in the notice.\n(sec.133-ssec.18) Subsections (6) , (10) , (14) and (15) apply to a decision made by the regulator under subsection (16) .\n(sec.133-ssec.19) If an electricity entity fails to pay a penalty under this section within the time allowed by the regulator, the regulator may take further action for the contravention for which the penalty was imposed.\n(sec.133-ssec.20) A reference in this section to amending an authority includes a reference to amending its conditions.\n(sec.133-ssec.21) In this section— authority (other than in subsections (1) and (20) ) includes a special approval. electricity entity (other than in subsections (1) and (20) ) includes a special approval holder. interest includes the following— a legal or equitable interest in shares, stock, units or voting rights; a legal or equitable right to acquire shares, stock, units or voting rights; a right to decide the way in which a vote or other interest attaching to shares, stock, units or voting rights will be exercised; a right under an agreement, an arrangement, a contract, a deed, an understanding or an undertaking; other rights or interests capable of conveyance, transfer, sale, disposal or assignment; another interest prescribed by regulation. sell means— sell by wholesale, retail or auction; or agree, attempt or offer to sell; or possess, expose or advertise for sale; or cause or permit to be sold.\n- (a) for a generation entity or transmission entity—cancel, suspend or amend its authority;\n- (b) for a distribution entity—cancel, suspend or amend its authority for its distribution area or part of its distribution area.\n- (a) the electricity entity that has contravened a condition of its authority by holding a prohibited interest (the offending electricity entity ); or\n- (b) if the offending electricity entity does not hold the prohibited interest—to the person who holds the interest the subject of the decision.\n- (a) makes a decision under subsection (5) and the ground for making the decision is that a person (the offender ) has a prohibited interest, because the person is in a position to exercise control over a person, entity or authority or thing; or\n- (b) forms the opinion that the offender has a prohibited interest of the kind contemplated by schedule 2 , section 3B (b) (iii) .\n- (a) stop exercising control over the person, entity or authority;\n- (b) end any relevant agreement, arrangement, understanding or undertaking;\n- (c) take, or refrain from taking, any other action stated in the notice.\n- (a) a legal or equitable interest in shares, stock, units or voting rights;\n- (b) a legal or equitable right to acquire shares, stock, units or voting rights;\n- (c) a right to decide the way in which a vote or other interest attaching to shares, stock, units or voting rights will be exercised;\n- (d) a right under an agreement, an arrangement, a contract, a deed, an understanding or an undertaking;\n- (e) other rights or interests capable of conveyance, transfer, sale, disposal or assignment;\n- (f) another interest prescribed by regulation.\n- (a) sell by wholesale, retail or auction; or\n- (b) agree, attempt or offer to sell; or\n- (c) possess, expose or advertise for sale; or\n- (d) cause or permit to be sold.","sortOrder":412},{"sectionNumber":"sec.133A","sectionType":"section","heading":null,"content":"### Section sec.133A\n\ns 133A ins 1997 No. 50 s 21\nom 1997 No. 77 s 44","sortOrder":413},{"sectionNumber":"sec.134","sectionType":"section","heading":"Procedure for disciplinary action","content":"### sec.134 Procedure for disciplinary action\n\nIf the regulator considers a ground exists to take disciplinary action against an electricity entity, the regulator must, before taking the disciplinary action, give the entity a written notice—\nstating the regulator is considering taking disciplinary action against the entity; and\nstating the proposed disciplinary action; and\nstating the grounds for the proposed disciplinary action; and\noutlining the facts and circumstances forming the basis for the grounds; and\ninviting the entity to show, within a stated time of at least 7 days, why the proposed disciplinary action should not be taken.\nIf, after considering all written representations made by the electricity entity within the stated time, the regulator still considers a ground exists to take the disciplinary action, the regulator may take the disciplinary action.\nHowever, before cancelling or directing the cancellation of an electricity entity’s authority, the regulator must consider the effect of the cancellation on persons who are provided or supplied with electricity or other services by the entity and the availability of alternative sources of electricity or services.\nThe regulator must inform the electricity entity of the decision by written notice.\nIf the regulator decides to take disciplinary action against the electricity entity, the notice must state the reasons for the decision.\nThe decision takes effect on the later of—\nthe day when the notice is given to the electricity entity; or\nthe day of effect stated in the notice.\ns 134 amd 1997 No. 77 s 45\n(sec.134-ssec.1) If the regulator considers a ground exists to take disciplinary action against an electricity entity, the regulator must, before taking the disciplinary action, give the entity a written notice— stating the regulator is considering taking disciplinary action against the entity; and stating the proposed disciplinary action; and stating the grounds for the proposed disciplinary action; and outlining the facts and circumstances forming the basis for the grounds; and inviting the entity to show, within a stated time of at least 7 days, why the proposed disciplinary action should not be taken.\n(sec.134-ssec.2) If, after considering all written representations made by the electricity entity within the stated time, the regulator still considers a ground exists to take the disciplinary action, the regulator may take the disciplinary action.\n(sec.134-ssec.3) However, before cancelling or directing the cancellation of an electricity entity’s authority, the regulator must consider the effect of the cancellation on persons who are provided or supplied with electricity or other services by the entity and the availability of alternative sources of electricity or services.\n(sec.134-ssec.4) The regulator must inform the electricity entity of the decision by written notice.\n(sec.134-ssec.5) If the regulator decides to take disciplinary action against the electricity entity, the notice must state the reasons for the decision.\n(sec.134-ssec.6) The decision takes effect on the later of— the day when the notice is given to the electricity entity; or the day of effect stated in the notice.\n- (a) stating the regulator is considering taking disciplinary action against the entity; and\n- (b) stating the proposed disciplinary action; and\n- (c) stating the grounds for the proposed disciplinary action; and\n- (d) outlining the facts and circumstances forming the basis for the grounds; and\n- (e) inviting the entity to show, within a stated time of at least 7 days, why the proposed disciplinary action should not be taken.\n- (a) the day when the notice is given to the electricity entity; or\n- (b) the day of effect stated in the notice.","sortOrder":414},{"sectionNumber":"sec.135","sectionType":"section","heading":"Penalty recoverable as debt","content":"### sec.135 Penalty recoverable as debt\n\nA penalty imposed by the regulator on an electricity entity may be recovered as a debt owing to the State.","sortOrder":415},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Enforcing sections 55DA (1) , 55DB (1) and 55DBA (2) against retailers","content":"# Enforcing sections 55DA (1) , 55DB (1) and 55DBA (2) against retailers","sortOrder":416},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Contravention notices","content":"## Contravention notices","sortOrder":417},{"sectionNumber":"sec.135AA","sectionType":"section","heading":"Application of pt 5","content":"### sec.135AA Application of pt 5\n\nThis part applies if the regulator suspects—\na retailer has contravened, or is contravening, section 55DA (1) , 55DB (1) or 55DBA (2) ; and\nthe contravention is likely to be a material contravention of the section.\ns 135AA prev s 135AA ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1 ; 2008 No. 56 s 13 ; 2013 No. 42 s 5\nexp 30 June 2014 (see s 135JW)\npres s 135AA ins 2014 No. 48 s 74\n- (a) a retailer has contravened, or is contravening, section 55DA (1) , 55DB (1) or 55DBA (2) ; and\n- (b) the contravention is likely to be a material contravention of the section.","sortOrder":418},{"sectionNumber":"sec.135AB","sectionType":"section","heading":"Criteria for deciding material contravention","content":"### sec.135AB Criteria for deciding material contravention\n\nThis section applies to the making of any decision under this division by the regulator about whether a contravention of section 55DA (1) , 55DB (1) or 55DBA (2) is a material contravention of the section.\nThe regulator must have regard to the objects of the Act .\nSubsection (2) does not limit or otherwise affect what may be considered in making the decision.\ns 135AB prev s 135AB ins 2004 No. 50 s 12\namd 2011 No. 18 s 404 sch 4 pt 2 div 1\nexp 30 June 2014 (see s 135JW)\npres s 135AB ins 2014 No. 48 s 74\n(sec.135AB-ssec.1) This section applies to the making of any decision under this division by the regulator about whether a contravention of section 55DA (1) , 55DB (1) or 55DBA (2) is a material contravention of the section.\n(sec.135AB-ssec.2) The regulator must have regard to the objects of the Act .\n(sec.135AB-ssec.3) Subsection (2) does not limit or otherwise affect what may be considered in making the decision.","sortOrder":419},{"sectionNumber":"sec.135AC","sectionType":"section","heading":"Warning notice may be given","content":"### sec.135AC Warning notice may be given\n\nThe regulator may give the retailer a notice (the warning notice ) warning the retailer that the regulator proposes to give the retailer a further notice about the contravention (a contravention notice ).\nThe regulator must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.\nHowever, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent contravention notice.\nDespite subsections (2) and (3) , if the regulator proposes to give a warning notice for a contravention, it can only be given within 2 years after the day on which the contravention happened.\ns 135AC prev s 135AC ins 2004 No. 50 s 12\namd 2005 No. 51 s 3 sch\nexp 30 June 2014 (see s 135JW)\npres s 135AC ins 2014 No. 48 s 74\n(sec.135AC-ssec.1) The regulator may give the retailer a notice (the warning notice ) warning the retailer that the regulator proposes to give the retailer a further notice about the contravention (a contravention notice ).\n(sec.135AC-ssec.2) The regulator must make the decision about whether to give the warning notice as soon as practicable after forming the suspicion.\n(sec.135AC-ssec.3) However, a failure to comply with subsection (2) does not affect the validity of the warning notice or any subsequent contravention notice.\n(sec.135AC-ssec.4) Despite subsections (2) and (3) , if the regulator proposes to give a warning notice for a contravention, it can only be given within 2 years after the day on which the contravention happened.","sortOrder":420},{"sectionNumber":"sec.135AD","sectionType":"section","heading":"Requirements for warning notice","content":"### sec.135AD Requirements for warning notice\n\nThe warning notice must state each of the following—\nparticulars of the contravention;\nthat regulator proposes to give the retailer a contravention notice unless the retailer—\ntakes steps reasonably necessary to remedy the contravention; and\ngives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will—\navoid any similar future contravention; and\ntake steps reasonably necessary to avoid a future recurrence of the contravention;\na period (the warning period ) after which the contravention notice may be given unless the warning notice is complied with;\nthat the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given.\nThe warning period must be—\nif the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period the regulator considers is reasonable in the circumstances; or\notherwise—at least 20 business days.\nThe warning notice may also state the steps the regulator reasonably believes are necessary to remedy the contravention or avoid its future recurrence.\npaying compensation to someone who has suffered damage, injury or loss because of the contravention\ns 135AD prev s 135AD ins 2004 No. 50 s 12\namd 2005 No. 51 s 3 sch\nexp 30 June 2014 (see s 135JW)\npres s 135AD ins 2014 No. 48 s 74\n(sec.135AD-ssec.1) The warning notice must state each of the following— particulars of the contravention; that regulator proposes to give the retailer a contravention notice unless the retailer— takes steps reasonably necessary to remedy the contravention; and gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— avoid any similar future contravention; and take steps reasonably necessary to avoid a future recurrence of the contravention; a period (the warning period ) after which the contravention notice may be given unless the warning notice is complied with; that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given.\n(sec.135AD-ssec.2) The warning period must be— if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period the regulator considers is reasonable in the circumstances; or otherwise—at least 20 business days.\n(sec.135AD-ssec.3) The warning notice may also state the steps the regulator reasonably believes are necessary to remedy the contravention or avoid its future recurrence. paying compensation to someone who has suffered damage, injury or loss because of the contravention\n- (a) particulars of the contravention;\n- (b) that regulator proposes to give the retailer a contravention notice unless the retailer— (i) takes steps reasonably necessary to remedy the contravention; and (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (i) takes steps reasonably necessary to remedy the contravention; and\n- (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (c) a period (the warning period ) after which the contravention notice may be given unless the warning notice is complied with;\n- (d) that the retailer may make, within the warning period, written submissions to show why the proposed contravention notice should not be given.\n- (i) takes steps reasonably necessary to remedy the contravention; and\n- (ii) gives the regulator a written assurance, in the terms stated in the warning notice, that the retailer will— (A) avoid any similar future contravention; and (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (A) avoid any similar future contravention; and\n- (B) take steps reasonably necessary to avoid a future recurrence of the contravention;\n- (a) if the warning notice is given because the regulator considers the contravention is of a type that requires urgent action—a period the regulator considers is reasonable in the circumstances; or\n- (b) otherwise—at least 20 business days.","sortOrder":421},{"sectionNumber":"sec.135AE","sectionType":"section","heading":"Considering submissions on warning notice","content":"### sec.135AE Considering submissions on warning notice\n\nThe regulator must consider any written submission made under section 135AD (1) (d) by the retailer within the warning period stated in the warning notice.\nIf the regulator at any time decides not to give the proposed contravention notice, it must, as soon as practicable, give the retailer notice of the decision.\ns 135AE prev s 135AE ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)\npres s 135AE ins 2014 No. 48 s 74\n(sec.135AE-ssec.1) The regulator must consider any written submission made under section 135AD (1) (d) by the retailer within the warning period stated in the warning notice.\n(sec.135AE-ssec.2) If the regulator at any time decides not to give the proposed contravention notice, it must, as soon as practicable, give the retailer notice of the decision.","sortOrder":422},{"sectionNumber":"sec.135AF","sectionType":"section","heading":"Giving of contravention notice","content":"### sec.135AF Giving of contravention notice\n\nThe regulator may give the proposed contravention notice if—\nthe retailer has not complied with the warning notice; and\nafter complying with section 135AE , the regulator still believes the contravention notice ought to be given.\nThe contravention notice must state—\nthe retailer has contravened, or is contravening, section 55DA (1) , 55DB (1) or 55DBA (2) ; or\nthe contravention is a material contravention of the section; and\nparticulars of the contravention.\ns 135AF prev s 135AF ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)\npres s 135AF ins 2014 No. 48 s 74\n(sec.135AF-ssec.1) The regulator may give the proposed contravention notice if— the retailer has not complied with the warning notice; and after complying with section 135AE , the regulator still believes the contravention notice ought to be given.\n(sec.135AF-ssec.2) The contravention notice must state— the retailer has contravened, or is contravening, section 55DA (1) , 55DB (1) or 55DBA (2) ; or the contravention is a material contravention of the section; and particulars of the contravention.\n- (a) the retailer has not complied with the warning notice; and\n- (b) after complying with section 135AE , the regulator still believes the contravention notice ought to be given.\n- (a) the retailer has contravened, or is contravening, section 55DA (1) , 55DB (1) or 55DBA (2) ; or\n- (b) the contravention is a material contravention of the section; and\n- (c) particulars of the contravention.","sortOrder":423},{"sectionNumber":"sec.135AG","sectionType":"section","heading":"Duration of contravention notice","content":"### sec.135AG Duration of contravention notice\n\nThe contravention notice—\ncomes into effect—\nwhen it is made; or\nif it states a later time—at the later time; and\nends—\non the day stated in the notice; or\nif it is cancelled before that day—when it is cancelled.\ns 135AG prev s 135AG ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)\npres s 135AG ins 2014 No. 48 s 74\n- (a) comes into effect— (i) when it is made; or (ii) if it states a later time—at the later time; and\n- (i) when it is made; or\n- (ii) if it states a later time—at the later time; and\n- (b) ends— (i) on the day stated in the notice; or (ii) if it is cancelled before that day—when it is cancelled.\n- (i) on the day stated in the notice; or\n- (ii) if it is cancelled before that day—when it is cancelled.\n- (i) when it is made; or\n- (ii) if it states a later time—at the later time; and\n- (i) on the day stated in the notice; or\n- (ii) if it is cancelled before that day—when it is cancelled.","sortOrder":424},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":425},{"sectionNumber":"sec.135AH","sectionType":"section","heading":"Proceeding for civil penalty order","content":"### sec.135AH Proceeding for civil penalty order\n\nThis section applies if, on the application of the regulator, the Supreme Court is satisfied the retailer has—\ncommitted a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or\nattempted to a commit a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or\nbeen involved in a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) .\nThe court may order the retailer to pay the State as a civil penalty an amount of no more than—\nfor an individual—$100,000; or\nfor a corporation—$500,000.\nIn fixing the penalty, the court must consider—\nthe nature and extent of—\nthe contravention; and\nloss or damage suffered because of the contravention; and\nthe circumstances in which the contravention took place; and\nwhether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\nFor subsection (1) (c) , a retailer is involved in a contravention if the retailer—\nhas aided, abetted, counselled or procured the contravention; or\nhas induced the contravention, whether through threats, promises or in another way; or\nhas been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or\nhas conspired with others to effect the contravention.\ns 135AH prev s 135AH ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)\npres s 135AH ins 2014 No. 48 s 74\n(sec.135AH-ssec.1) This section applies if, on the application of the regulator, the Supreme Court is satisfied the retailer has— committed a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or attempted to a commit a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or been involved in a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) .\n(sec.135AH-ssec.2) The court may order the retailer to pay the State as a civil penalty an amount of no more than— for an individual—$100,000; or for a corporation—$500,000.\n(sec.135AH-ssec.3) In fixing the penalty, the court must consider— the nature and extent of— the contravention; and loss or damage suffered because of the contravention; and the circumstances in which the contravention took place; and whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\n(sec.135AH-ssec.4) For subsection (1) (c) , a retailer is involved in a contravention if the retailer— has aided, abetted, counselled or procured the contravention; or has induced the contravention, whether through threats, promises or in another way; or has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or has conspired with others to effect the contravention.\n- (a) committed a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or\n- (b) attempted to a commit a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or\n- (c) been involved in a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) .\n- (a) for an individual—$100,000; or\n- (b) for a corporation—$500,000.\n- (a) the nature and extent of— (i) the contravention; and (ii) loss or damage suffered because of the contravention; and\n- (i) the contravention; and\n- (ii) loss or damage suffered because of the contravention; and\n- (b) the circumstances in which the contravention took place; and\n- (c) whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct.\n- (i) the contravention; and\n- (ii) loss or damage suffered because of the contravention; and\n- (a) has aided, abetted, counselled or procured the contravention; or\n- (b) has induced the contravention, whether through threats, promises or in another way; or\n- (c) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or\n- (d) has conspired with others to effect the contravention.","sortOrder":426},{"sectionNumber":"sec.135AI","sectionType":"section","heading":"How order enforced","content":"### sec.135AI How order enforced\n\nIf the Supreme Court orders payment of an amount under section 135AH (2) , the State may enforce the order as a judgment of the court for a debt of that amount.\ns 135AI prev s 135AI ins 2004 No. 50 s 12\namd 2006 No. 60 s 3 sch\nexp 30 June 2014 (see s 135JW)\npres s 135AI ins 2014 No. 48 s 74","sortOrder":427},{"sectionNumber":"sec.135AJ","sectionType":"section","heading":"Injunctions","content":"### sec.135AJ Injunctions\n\nThe Supreme Court may, on the application of the regulator, grant an injunction if satisfied the retailer has engaged or is proposing to engage, in conduct that constitutes, or would constitute—\na contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or\nattempting to contravene section  55DA (1) , 55DB (1) or 55DBA (2) .\nAn injunction may be granted on conditions.\nThe court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied the retailer has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) .\nThe court may grant an interim injunction pending its decision on the application.\nThe court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.\nThe court may amend an injunction or interim injunction.\nAn injunction or interim injunction restraining the retailer from engaging in conduct may be granted whether or not—\nit appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or\nthe retailer has previously engaged in conduct of that kind; or\nthere is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind.\nAn injunction or interim injunction requiring the retailer to do an act or thing may be granted whether or not—\nit appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or\nthe retailer has previously failed to do the act or thing; or\nthere is an imminent danger of substantial damage to another person if the retailer does not do the act or thing.\ns 135AJ prev s 135AJ ins 2004 No. 50 s 12\namd 2009 No. 16 s 17\nexp 30 June 2014 (see s 135JW)\npres s 135AJ ins 2014 No. 48 s 74\n(sec.135AJ-ssec.1) The Supreme Court may, on the application of the regulator, grant an injunction if satisfied the retailer has engaged or is proposing to engage, in conduct that constitutes, or would constitute— a contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or attempting to contravene section  55DA (1) , 55DB (1) or 55DBA (2) .\n(sec.135AJ-ssec.2) An injunction may be granted on conditions.\n(sec.135AJ-ssec.3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied the retailer has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) .\n(sec.135AJ-ssec.4) The court may grant an interim injunction pending its decision on the application.\n(sec.135AJ-ssec.5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages.\n(sec.135AJ-ssec.6) The court may amend an injunction or interim injunction.\n(sec.135AJ-ssec.7) An injunction or interim injunction restraining the retailer from engaging in conduct may be granted whether or not— it appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or the retailer has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind.\n(sec.135AJ-ssec.8) An injunction or interim injunction requiring the retailer to do an act or thing may be granted whether or not— it appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or the retailer has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the retailer does not do the act or thing.\n- (a) a contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or\n- (b) attempting to contravene section  55DA (1) , 55DB (1) or 55DBA (2) .\n- (a) it appears to the court that the retailer intends to engage again, or to continue to engage, in conduct of that kind; or\n- (b) the retailer has previously engaged in conduct of that kind; or\n- (c) there is an imminent danger of substantial damage to another person if the retailer engages in conduct of that kind.\n- (a) it appears to the court that the retailer intends to fail again, or to continue to fail, to do that act or thing; or\n- (b) the retailer has previously failed to do the act or thing; or\n- (c) there is an imminent danger of substantial damage to another person if the retailer does not do the act or thing.","sortOrder":428},{"sectionNumber":"sec.135AK","sectionType":"section","heading":"Conduct by directors, servants or agents","content":"### sec.135AK Conduct by directors, servants or agents\n\nThis section applies to a proceeding under this division.\nIf—\nthe proceeding concerns alleged conduct engaged in by the retailer; and\nit is necessary to prove the retailer’s state of mind;\nit is enough to prove that a director, servant or agent (a representative ) of the retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\nConduct engaged in for a retailer by the following persons is taken to have been engaged in by the retailer—\na representative of the retailer, acting within the scope of the representative’s actual or apparent authority;\nanother person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority;\na servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority;\nanother person at the direction, or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\nIn this section—\nconsent or agreement includes an implied consent or agreement.\nstate of mind , of a person, may include—\nknowledge, intention, opinion, belief or purpose of the person; and\nthe person’s reasons for the person’s intention, opinion, belief or purpose.\ns 135AK prev s 135AK ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)\npres s 135AK ins 2014 No. 48 s 74\n(sec.135AK-ssec.1) This section applies to a proceeding under this division.\n(sec.135AK-ssec.2) If— the proceeding concerns alleged conduct engaged in by the retailer; and it is necessary to prove the retailer’s state of mind; it is enough to prove that a director, servant or agent (a representative ) of the retailer, acting within the scope of the representative’s actual or apparent authority, had the state of mind.\n(sec.135AK-ssec.3) Conduct engaged in for a retailer by the following persons is taken to have been engaged in by the retailer— a representative of the retailer, acting within the scope of the representative’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority; a servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority; another person at the direction, or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n(sec.135AK-ssec.4) In this section— consent or agreement includes an implied consent or agreement. state of mind , of a person, may include— knowledge, intention, opinion, belief or purpose of the person; and the person’s reasons for the person’s intention, opinion, belief or purpose.\n- (a) the proceeding concerns alleged conduct engaged in by the retailer; and\n- (b) it is necessary to prove the retailer’s state of mind;\n- (a) a representative of the retailer, acting within the scope of the representative’s actual or apparent authority;\n- (b) another person at the direction, or with the consent or agreement, of a representative of the retailer, if the giving of the direction, consent or agreement was within the scope of the representative’s actual or apparent authority;\n- (c) a servant or agent of the retailer, acting within the scope of the servant’s or agent’s actual or apparent authority;\n- (d) another person at the direction, or with the consent or agreement, of a servant or agent of the retailer, if the giving of the direction, consent or agreement was within the scope of the servant’s or agent’s actual or apparent authority.\n- (a) knowledge, intention, opinion, belief or purpose of the person; and\n- (b) the person’s reasons for the person’s intention, opinion, belief or purpose.","sortOrder":429},{"sectionNumber":"ch.5-pt.5-div.3","sectionType":"division","heading":"Production of documents or information","content":"## Production of documents or information","sortOrder":430},{"sectionNumber":"sec.135AL","sectionType":"section","heading":"Notice to produce documents or information","content":"### sec.135AL Notice to produce documents or information\n\nThis section applies if the regulator is conducting an investigation to find out whether the retailer is complying with section 55DA (1) , 55DB (1) or 55DBA (2) .\nThe regulator may, by written notice to the retailer, require the retailer to give the regulator the following things the regulator believes, on reasonable grounds, are relevant to the investigation—\ninformation within the retailer’s knowledge or possession;\ndocuments in the retailer’s custody, possession or power.\nThe notice must state—\nthe information or documents required; and\na period in which the information or documents must be given of at least 7 days; and\na reasonable place at which the information or documents must be given.\nThe retailer must comply with the notice, unless it has a reasonable excuse.\nMaximum penalty—500 penalty units.\nThe retailer is not required to comply with the notice if it claims, on the ground of self-incrimination, a privilege the retailer would be entitled to claim against giving the information or documents were the retailer a witness in a prosecution for an offence in the Supreme Court.\nIf the retailer claims that complying with the notice may tend to incriminate it, the regulator or the retailer may make an application to the Supreme Court to decide the validity of the claim.\ns 135AL prev s 135AL ins 2004 No. 50 s 12\namd 2013 No. 42 s 6\nexp 30 June 2014 (see s 135JW)\npres s 135AL ins 2014 No. 48 s 74\n(sec.135AL-ssec.1) This section applies if the regulator is conducting an investigation to find out whether the retailer is complying with section 55DA (1) , 55DB (1) or 55DBA (2) .\n(sec.135AL-ssec.2) The regulator may, by written notice to the retailer, require the retailer to give the regulator the following things the regulator believes, on reasonable grounds, are relevant to the investigation— information within the retailer’s knowledge or possession; documents in the retailer’s custody, possession or power.\n(sec.135AL-ssec.3) The notice must state— the information or documents required; and a period in which the information or documents must be given of at least 7 days; and a reasonable place at which the information or documents must be given.\n(sec.135AL-ssec.4) The retailer must comply with the notice, unless it has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.135AL-ssec.5) The retailer is not required to comply with the notice if it claims, on the ground of self-incrimination, a privilege the retailer would be entitled to claim against giving the information or documents were the retailer a witness in a prosecution for an offence in the Supreme Court.\n(sec.135AL-ssec.6) If the retailer claims that complying with the notice may tend to incriminate it, the regulator or the retailer may make an application to the Supreme Court to decide the validity of the claim.\n- (a) information within the retailer’s knowledge or possession;\n- (b) documents in the retailer’s custody, possession or power.\n- (a) the information or documents required; and\n- (b) a period in which the information or documents must be given of at least 7 days; and\n- (c) a reasonable place at which the information or documents must be given.","sortOrder":431},{"sectionNumber":"ch.5A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":432},{"sectionNumber":"ch.5A-pt.1-div.1","sectionType":"division","heading":null,"content":"","sortOrder":433},{"sectionNumber":"sec.135A","sectionType":"section","heading":null,"content":"### Section sec.135A\n\ns 135A ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":434},{"sectionNumber":"ch.5A-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":435},{"sectionNumber":"ch.5A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":436},{"sectionNumber":"ch.5A-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":437},{"sectionNumber":"sec.135AM","sectionType":"section","heading":null,"content":"### Section sec.135AM\n\ns 135AM ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":438},{"sectionNumber":"sec.135AN","sectionType":"section","heading":null,"content":"### Section sec.135AN\n\ns 135AN ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":439},{"sectionNumber":"sec.135AO","sectionType":"section","heading":null,"content":"### Section sec.135AO\n\ns 135AO ins 2004 No. 50 s 12\namd 2005 No. 51 s 3 sch\nexp 30 June 2014 (see s 135JW)","sortOrder":440},{"sectionNumber":"sec.135AP","sectionType":"section","heading":null,"content":"### Section sec.135AP\n\ns 135AP ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":441},{"sectionNumber":"sec.135AQ","sectionType":"section","heading":null,"content":"### Section sec.135AQ\n\ns 135AQ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":442},{"sectionNumber":"sec.135AR","sectionType":"section","heading":null,"content":"### Section sec.135AR\n\ns 135AR ins 2004 No. 50 s 12\namd 2013 No. 42 s 7\nexp 30 June 2014 (see s 135JW)","sortOrder":443},{"sectionNumber":"sec.135AS","sectionType":"section","heading":null,"content":"### Section sec.135AS\n\ns 135AS ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":444},{"sectionNumber":"ch.5A-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":445},{"sectionNumber":"sec.135AT","sectionType":"section","heading":null,"content":"### Section sec.135AT\n\ns 135AT ins 2004 No. 50 s 12\namd 2013 No. 42 s 8\nexp 30 June 2014 (see s 135JW)","sortOrder":446},{"sectionNumber":"ch.5A-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":447},{"sectionNumber":"sec.135AU","sectionType":"section","heading":null,"content":"### Section sec.135AU\n\ns 135AU ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":448},{"sectionNumber":"sec.135AV","sectionType":"section","heading":null,"content":"### Section sec.135AV\n\ns 135AV ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":449},{"sectionNumber":"sec.135AW","sectionType":"section","heading":null,"content":"### Section sec.135AW\n\ns 135AW ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":450},{"sectionNumber":"sec.135AX","sectionType":"section","heading":null,"content":"### Section sec.135AX\n\ns 135AX ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":451},{"sectionNumber":"sec.135AY","sectionType":"section","heading":null,"content":"### Section sec.135AY\n\ns 135AY ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":452},{"sectionNumber":"sec.135AZ","sectionType":"section","heading":null,"content":"### Section sec.135AZ\n\ns 135AZ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":453},{"sectionNumber":"sec.135B","sectionType":"section","heading":null,"content":"### Section sec.135B\n\ns 135B ins 2004 No. 50 s 12\namd 2013 No. 42 s 9\nexp 30 June 2014 (see s 135JW)","sortOrder":454},{"sectionNumber":"sec.135BA","sectionType":"section","heading":null,"content":"### Section sec.135BA\n\ns 135BA ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":455},{"sectionNumber":"sec.135BB","sectionType":"section","heading":null,"content":"### Section sec.135BB\n\ns 135BB ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":456},{"sectionNumber":"sec.135BC","sectionType":"section","heading":null,"content":"### Section sec.135BC\n\ns 135BC ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":457},{"sectionNumber":"sec.135BD","sectionType":"section","heading":null,"content":"### Section sec.135BD\n\ns 135BD ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":458},{"sectionNumber":"sec.135BE","sectionType":"section","heading":null,"content":"### Section sec.135BE\n\ns 135BE ins 2004 No. 50 s 12\namd 2013 No. 42 s 10\nexp 30 June 2014 (see s 135JW)","sortOrder":459},{"sectionNumber":"sec.135BF","sectionType":"section","heading":null,"content":"### Section sec.135BF\n\ns 135BF ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":460},{"sectionNumber":"sec.135BG","sectionType":"section","heading":null,"content":"### Section sec.135BG\n\ns 135BG ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":461},{"sectionNumber":"sec.135BH","sectionType":"section","heading":null,"content":"### Section sec.135BH\n\ns 135BH ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":462},{"sectionNumber":"sec.135BI","sectionType":"section","heading":null,"content":"### Section sec.135BI\n\ns 135BI ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":463},{"sectionNumber":"ch.5A-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":464},{"sectionNumber":"sec.135BJ","sectionType":"section","heading":null,"content":"### Section sec.135BJ\n\ns 135BJ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":465},{"sectionNumber":"sec.135BK","sectionType":"section","heading":null,"content":"### Section sec.135BK\n\ns 135BK ins 2004 No. 50 s 12\namd 2013 No. 42 s 11\nexp 30 June 2014 (see s 135JW)","sortOrder":466},{"sectionNumber":"sec.135BL","sectionType":"section","heading":null,"content":"### Section sec.135BL\n\ns 135BL ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":467},{"sectionNumber":"sec.135BM","sectionType":"section","heading":null,"content":"### Section sec.135BM\n\ns 135BM ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":468},{"sectionNumber":"sec.135BN","sectionType":"section","heading":null,"content":"### Section sec.135BN\n\ns 135BN ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":469},{"sectionNumber":"sec.135BO","sectionType":"section","heading":null,"content":"### Section sec.135BO\n\ns 135BO ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":470},{"sectionNumber":"ch.5A-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":471},{"sectionNumber":"sec.135BP","sectionType":"section","heading":null,"content":"### Section sec.135BP\n\ns 135BP ins 2004 No. 50 s 12\namd 2013 No. 42 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":472},{"sectionNumber":"sec.135BQ","sectionType":"section","heading":null,"content":"### Section sec.135BQ\n\ns 135BQ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":473},{"sectionNumber":"sec.135BR","sectionType":"section","heading":null,"content":"### Section sec.135BR\n\ns 135BR ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":474},{"sectionNumber":"sec.135BS","sectionType":"section","heading":null,"content":"### Section sec.135BS\n\ns 135BS ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":475},{"sectionNumber":"sec.135BT","sectionType":"section","heading":null,"content":"### Section sec.135BT\n\ns 135BT ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":476},{"sectionNumber":"sec.135BU","sectionType":"section","heading":null,"content":"### Section sec.135BU\n\ns 135BU ins 2004 No. 50 s 12\namd 2010 No. 54 s 67 sch\nexp 30 June 2014 (see s 135JW)","sortOrder":477},{"sectionNumber":"sec.135BV","sectionType":"section","heading":null,"content":"### Section sec.135BV\n\ns 135BV ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":478},{"sectionNumber":"sec.135BW","sectionType":"section","heading":null,"content":"### Section sec.135BW\n\ns 135BW ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":479},{"sectionNumber":"sec.135BX","sectionType":"section","heading":null,"content":"### Section sec.135BX\n\ns 135BX ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":480},{"sectionNumber":"sec.135BY","sectionType":"section","heading":null,"content":"### Section sec.135BY\n\ns 135BY ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":481},{"sectionNumber":"sec.135BZ","sectionType":"section","heading":null,"content":"### Section sec.135BZ\n\ns 135BZ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":482},{"sectionNumber":"sec.135C","sectionType":"section","heading":null,"content":"### Section sec.135C\n\ns 135C ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":483},{"sectionNumber":"ch.5A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":484},{"sectionNumber":"ch.5A-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":485},{"sectionNumber":"sec.135CA","sectionType":"section","heading":null,"content":"### Section sec.135CA\n\ns 135CA ins 2004 No. 50 s 12\namd 2013 No. 42 s 13\nexp 30 June 2014 (see s 135JW)","sortOrder":486},{"sectionNumber":"sec.135CB","sectionType":"section","heading":null,"content":"### Section sec.135CB\n\ns 135CB ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":487},{"sectionNumber":"sec.135CC","sectionType":"section","heading":null,"content":"### Section sec.135CC\n\ns 135CC ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":488},{"sectionNumber":"sec.135CD","sectionType":"section","heading":null,"content":"### Section sec.135CD\n\ns 135CD ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":489},{"sectionNumber":"sec.135CE","sectionType":"section","heading":null,"content":"### Section sec.135CE\n\ns 135CE ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":490},{"sectionNumber":"sec.135CF","sectionType":"section","heading":null,"content":"### Section sec.135CF\n\ns 135CF ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":491},{"sectionNumber":"sec.135CG","sectionType":"section","heading":null,"content":"### Section sec.135CG\n\ns 135CG ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":492},{"sectionNumber":"sec.135CH","sectionType":"section","heading":null,"content":"### Section sec.135CH\n\ns 135CH ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":493},{"sectionNumber":"sec.135CI","sectionType":"section","heading":null,"content":"### Section sec.135CI\n\ns 135CI ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":494},{"sectionNumber":"sec.135CJ","sectionType":"section","heading":null,"content":"### Section sec.135CJ\n\ns 135CJ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":495},{"sectionNumber":"ch.5A-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":496},{"sectionNumber":"sec.135CK","sectionType":"section","heading":null,"content":"### Section sec.135CK\n\ns 135CK ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":497},{"sectionNumber":"sec.135CL","sectionType":"section","heading":null,"content":"### Section sec.135CL\n\ns 135CL ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":498},{"sectionNumber":"ch.5A-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":499},{"sectionNumber":"sec.135CM","sectionType":"section","heading":null,"content":"### Section sec.135CM\n\ns 135CM ins 2004 No. 50 s 12\namd 2008 No. 33 s 64\nexp 30 June 2014 (see s 135JW)","sortOrder":500},{"sectionNumber":"sec.135CN","sectionType":"section","heading":null,"content":"### Section sec.135CN\n\ns 135CN ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":501},{"sectionNumber":"sec.135CO","sectionType":"section","heading":null,"content":"### Section sec.135CO\n\ns 135CO ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":502},{"sectionNumber":"sec.135CP","sectionType":"section","heading":null,"content":"### Section sec.135CP\n\ns 135CP ins 2004 No. 50 s 12\namd 2008 No. 33 s 65\nexp 30 June 2014 (see s 135JW)","sortOrder":503},{"sectionNumber":"sec.135CQ","sectionType":"section","heading":null,"content":"### Section sec.135CQ\n\ns 135CQ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":504},{"sectionNumber":"ch.5A-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":505},{"sectionNumber":"sec.135CR","sectionType":"section","heading":null,"content":"### Section sec.135CR\n\ns 135CR ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":506},{"sectionNumber":"sec.135CS","sectionType":"section","heading":null,"content":"### Section sec.135CS\n\ns 135CS ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":507},{"sectionNumber":"sec.135CT","sectionType":"section","heading":null,"content":"### Section sec.135CT\n\ns 135CT ins 2004 No. 50 s 12\namd 2005 No. 51 s 3 sch\nexp 30 June 2014 (see s 135JW)","sortOrder":508},{"sectionNumber":"sec.135CU","sectionType":"section","heading":null,"content":"### Section sec.135CU\n\ns 135CU ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":509},{"sectionNumber":"ch.5A-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":510},{"sectionNumber":"sec.135CV","sectionType":"section","heading":null,"content":"### Section sec.135CV\n\ns 135CV ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":511},{"sectionNumber":"sec.135CW","sectionType":"section","heading":null,"content":"### Section sec.135CW\n\ns 135CW ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":512},{"sectionNumber":"sec.135CX","sectionType":"section","heading":null,"content":"### Section sec.135CX\n\ns 135CX ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":513},{"sectionNumber":"sec.135CY","sectionType":"section","heading":null,"content":"### Section sec.135CY\n\ns 135CY ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":514},{"sectionNumber":"sec.135CZ","sectionType":"section","heading":null,"content":"### Section sec.135CZ\n\ns 135CZ ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":515},{"sectionNumber":"sec.135D","sectionType":"section","heading":null,"content":"### Section sec.135D\n\ns 135D ins 2004 No. 50 s 12\namd 2008 No. 33 s 66 ; 2009 No. 16 s 18\nexp 30 June 2014 (see s 135JW)","sortOrder":516},{"sectionNumber":"sec.135DA","sectionType":"section","heading":null,"content":"### Section sec.135DA\n\ns 135DA ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":517},{"sectionNumber":"sec.135DB","sectionType":"section","heading":null,"content":"### Section sec.135DB\n\ns 135DB ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":518},{"sectionNumber":"sec.135DC","sectionType":"section","heading":null,"content":"### Section sec.135DC\n\ns 135DC ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":519},{"sectionNumber":"sec.135DD","sectionType":"section","heading":null,"content":"### Section sec.135DD\n\ns 135DD ins 2004 No. 50 s 12\namd 2009 No. 16 s 19\nexp 30 June 2014 (see s 135JW)","sortOrder":520},{"sectionNumber":"ch.5A-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":521},{"sectionNumber":"ch.5A-pt.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":522},{"sectionNumber":"sec.135DE","sectionType":"section","heading":null,"content":"### Section sec.135DE\n\ns 135DE ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":523},{"sectionNumber":"sec.135DF","sectionType":"section","heading":null,"content":"### Section sec.135DF\n\ns 135DF ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":524},{"sectionNumber":"sec.135DG","sectionType":"section","heading":null,"content":"### Section sec.135DG\n\ns 135DG ins 2004 No. 50 s 12\namd 2013 No. 42 s 14\nexp 30 June 2014 (see s 135JW)","sortOrder":525},{"sectionNumber":"sec.135DH","sectionType":"section","heading":null,"content":"### Section sec.135DH\n\ns 135DH ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":526},{"sectionNumber":"sec.135DI","sectionType":"section","heading":null,"content":"### Section sec.135DI\n\ns 135DI ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":527},{"sectionNumber":"sec.135DJ","sectionType":"section","heading":null,"content":"### Section sec.135DJ\n\ns 135DJ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":528},{"sectionNumber":"sec.135DK","sectionType":"section","heading":null,"content":"### Section sec.135DK\n\ns 135DK ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":529},{"sectionNumber":"sec.135DL","sectionType":"section","heading":null,"content":"### Section sec.135DL\n\ns 135DL ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":530},{"sectionNumber":"sec.135DM","sectionType":"section","heading":null,"content":"### Section sec.135DM\n\ns 135DM ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":531},{"sectionNumber":"sec.135DN","sectionType":"section","heading":null,"content":"### Section sec.135DN\n\ns 135DN ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":532},{"sectionNumber":"ch.5A-pt.4-div.1A","sectionType":"division","heading":null,"content":"","sortOrder":533},{"sectionNumber":"sec.135DNA","sectionType":"section","heading":null,"content":"### Section sec.135DNA\n\ns 135DNA ins 2013 No. 42 s 15\nexp 30 June 2014 (see s 135JW)","sortOrder":534},{"sectionNumber":"ch.5A-pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":535},{"sectionNumber":"sec.135DO","sectionType":"section","heading":null,"content":"### Section sec.135DO\n\ns 135DO ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":536},{"sectionNumber":"sec.135DP","sectionType":"section","heading":null,"content":"### Section sec.135DP\n\ns 135DP ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":537},{"sectionNumber":"sec.135DQ","sectionType":"section","heading":null,"content":"### Section sec.135DQ\n\ns 135DQ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":538},{"sectionNumber":"sec.135DR","sectionType":"section","heading":null,"content":"### Section sec.135DR\n\ns 135DR ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":539},{"sectionNumber":"ch.5A-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":540},{"sectionNumber":"sec.135DS","sectionType":"section","heading":null,"content":"### Section sec.135DS\n\ns 135DS ins 2004 No. 50 s 12\nsub 2013 No. 42 s 16\nexp 30 June 2014 (see s 135JW)","sortOrder":541},{"sectionNumber":"sec.135DT","sectionType":"section","heading":null,"content":"### Section sec.135DT\n\ns 135DT ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":542},{"sectionNumber":"ch.5A-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":543},{"sectionNumber":"sec.135DU","sectionType":"section","heading":null,"content":"### Section sec.135DU\n\ns 135DU ins 2004 No. 50 s 12\namd 2013 No. 42 s 17\nexp 30 June 2014 (see s 135JW)","sortOrder":544},{"sectionNumber":"sec.135DV","sectionType":"section","heading":null,"content":"### Section sec.135DV\n\ns 135DV ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":545},{"sectionNumber":"sec.135DW","sectionType":"section","heading":null,"content":"### Section sec.135DW\n\ns 135DW ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":546},{"sectionNumber":"sec.135DX","sectionType":"section","heading":null,"content":"### Section sec.135DX\n\ns 135DX ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":547},{"sectionNumber":"sec.135DY","sectionType":"section","heading":null,"content":"### Section sec.135DY\n\ns 135DY ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":548},{"sectionNumber":"sec.135DZ","sectionType":"section","heading":null,"content":"### Section sec.135DZ\n\ns 135DZ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":549},{"sectionNumber":"sec.135E","sectionType":"section","heading":null,"content":"### Section sec.135E\n\ns 135E ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":550},{"sectionNumber":"sec.135EA","sectionType":"section","heading":null,"content":"### Section sec.135EA\n\ns 135EA ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":551},{"sectionNumber":"sec.135EB","sectionType":"section","heading":null,"content":"### Section sec.135EB\n\ns 135EB ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":552},{"sectionNumber":"sec.135EC","sectionType":"section","heading":null,"content":"### Section sec.135EC\n\ns 135EC ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":553},{"sectionNumber":"sec.135ED","sectionType":"section","heading":null,"content":"### Section sec.135ED\n\ns 135ED ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":554},{"sectionNumber":"sec.135EE","sectionType":"section","heading":null,"content":"### Section sec.135EE\n\ns 135EE ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":555},{"sectionNumber":"ch.5A-pt.4-div.5","sectionType":"division","heading":null,"content":"","sortOrder":556},{"sectionNumber":"sec.135EF","sectionType":"section","heading":null,"content":"### Section sec.135EF\n\ns 135EF ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":557},{"sectionNumber":"sec.135EG","sectionType":"section","heading":null,"content":"### Section sec.135EG\n\ns 135EG ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":558},{"sectionNumber":"sec.135EH","sectionType":"section","heading":null,"content":"### Section sec.135EH\n\ns 135EH ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":559},{"sectionNumber":"sec.135EI","sectionType":"section","heading":null,"content":"### Section sec.135EI\n\ns 135EI ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":560},{"sectionNumber":"sec.135EJ","sectionType":"section","heading":null,"content":"### Section sec.135EJ\n\ns 135EJ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":561},{"sectionNumber":"sec.135EK","sectionType":"section","heading":null,"content":"### Section sec.135EK\n\ns 135EK ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":562},{"sectionNumber":"sec.135EL","sectionType":"section","heading":null,"content":"### Section sec.135EL\n\ns 135EL ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":563},{"sectionNumber":"ch.5A-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":564},{"sectionNumber":"ch.5A-pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":565},{"sectionNumber":"sec.135ELA","sectionType":"section","heading":null,"content":"### Section sec.135ELA\n\ns 135ELA ins 2008 No. 33 s 67\nexp 30 June 2014 (see s 135JW)","sortOrder":566},{"sectionNumber":"sec.135EM","sectionType":"section","heading":null,"content":"### Section sec.135EM\n\ns 135EM ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":567},{"sectionNumber":"ch.5A-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":568},{"sectionNumber":"sec.135EN","sectionType":"section","heading":null,"content":"### Section sec.135EN\n\ns 135EN ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":569},{"sectionNumber":"sec.135EO","sectionType":"section","heading":null,"content":"### Section sec.135EO\n\ns 135EO ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":570},{"sectionNumber":"sec.135EP","sectionType":"section","heading":null,"content":"### Section sec.135EP\n\ns 135EP ins 2004 No. 50 s 12\namd 2008 No. 33 s 68 ; 2013 No. 42 s 18\nexp 30 June 2014 (see s 135JW)","sortOrder":571},{"sectionNumber":"sec.135EQ","sectionType":"section","heading":null,"content":"### Section sec.135EQ\n\ns 135EQ ins 2004 No. 50 s 12\namd 2008 No. 33 s 69\nexp 30 June 2014 (see s 135JW)","sortOrder":572},{"sectionNumber":"sec.135ER","sectionType":"section","heading":null,"content":"### Section sec.135ER\n\ns 135ER ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":573},{"sectionNumber":"sec.135ES","sectionType":"section","heading":null,"content":"### Section sec.135ES\n\ns 135ES ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":574},{"sectionNumber":"sec.135ET","sectionType":"section","heading":null,"content":"### Section sec.135ET\n\ns 135ET ins 2004 No. 50 s 12\namd 2008 No. 33 s 70 ; 2013 No. 42 s 19\nexp 30 June 2014 (see s 135JW)","sortOrder":575},{"sectionNumber":"sec.135EU","sectionType":"section","heading":null,"content":"### Section sec.135EU\n\ns 135EU ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":576},{"sectionNumber":"sec.135EV","sectionType":"section","heading":null,"content":"### Section sec.135EV\n\ns 135EV ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":577},{"sectionNumber":"sec.135EW","sectionType":"section","heading":null,"content":"### Section sec.135EW\n\ns 135EW ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":578},{"sectionNumber":"ch.5A-pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":579},{"sectionNumber":"sec.135EX","sectionType":"section","heading":null,"content":"### Section sec.135EX\n\ns 135EX ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":580},{"sectionNumber":"sec.135EY","sectionType":"section","heading":null,"content":"### Section sec.135EY\n\ns 135EY ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":581},{"sectionNumber":"sec.135EZ","sectionType":"section","heading":null,"content":"### Section sec.135EZ\n\ns 135EZ ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":582},{"sectionNumber":"sec.135F","sectionType":"section","heading":null,"content":"### Section sec.135F\n\ns 135F ins 2004 No. 50 s 12\namd 2008 No. 33 s 71\nexp 30 June 2014 (see s 135JW)","sortOrder":583},{"sectionNumber":"sec.135FA","sectionType":"section","heading":null,"content":"### Section sec.135FA\n\ns 135FA ins 2004 No. 50 s 12\namd 2013 No. 42 s 20\nexp 30 June 2014 (see s 135JW)","sortOrder":584},{"sectionNumber":"sec.135FB","sectionType":"section","heading":null,"content":"### Section sec.135FB\n\ns 135FB ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":585},{"sectionNumber":"sec.135FC","sectionType":"section","heading":null,"content":"### Section sec.135FC\n\ns 135FC ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":586},{"sectionNumber":"ch.5A-pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":587},{"sectionNumber":"sec.135FD","sectionType":"section","heading":null,"content":"### Section sec.135FD\n\ns 135FD ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1 ; 2013 No. 42 s 21\nexp 30 June 2014 (see s 135JW)","sortOrder":588},{"sectionNumber":"sec.135FE","sectionType":"section","heading":null,"content":"### Section sec.135FE\n\ns 135FE ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":589},{"sectionNumber":"sec.135FF","sectionType":"section","heading":null,"content":"### Section sec.135FF\n\ns 135FF ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":590},{"sectionNumber":"sec.135FG","sectionType":"section","heading":null,"content":"### Section sec.135FG\n\ns 135FG ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":591},{"sectionNumber":"sec.135FH","sectionType":"section","heading":null,"content":"### Section sec.135FH\n\ns 135FH ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":592},{"sectionNumber":"sec.135FI","sectionType":"section","heading":null,"content":"### Section sec.135FI\n\ns 135FI ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":593},{"sectionNumber":"sec.135FJ","sectionType":"section","heading":null,"content":"### Section sec.135FJ\n\ns 135FJ ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":594},{"sectionNumber":"sec.135FK","sectionType":"section","heading":null,"content":"### Section sec.135FK\n\ns 135FK ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":595},{"sectionNumber":"sec.135FL","sectionType":"section","heading":null,"content":"### Section sec.135FL\n\ns 135FL ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":596},{"sectionNumber":"sec.135FM","sectionType":"section","heading":null,"content":"### Section sec.135FM\n\ns 135FM ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":597},{"sectionNumber":"sec.135FN","sectionType":"section","heading":null,"content":"### Section sec.135FN\n\ns 135FN ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":598},{"sectionNumber":"sec.135FO","sectionType":"section","heading":null,"content":"### Section sec.135FO\n\ns 135FO ins 2004 No. 50 s 12\namd 2008 No. 33 s 72\nexp 30 June 2014 (see s 135JW)","sortOrder":599},{"sectionNumber":"sec.135FP","sectionType":"section","heading":null,"content":"### Section sec.135FP\n\ns 135FP ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":600},{"sectionNumber":"sec.135FQ","sectionType":"section","heading":null,"content":"### Section sec.135FQ\n\ns 135FQ ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1 ; 2009 No. 24 s 428\nexp 30 June 2014 (see s 135JW)","sortOrder":601},{"sectionNumber":"ch.5A-pt.5-div.5","sectionType":"division","heading":null,"content":"","sortOrder":602},{"sectionNumber":"sec.135FR","sectionType":"section","heading":null,"content":"### Section sec.135FR\n\ns 135FR ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1 ; 2009 No. 16 s 20\nexp 30 June 2014 (see s 135JW)","sortOrder":603},{"sectionNumber":"sec.135FS","sectionType":"section","heading":null,"content":"### Section sec.135FS\n\ns 135FS ins 2004 No. 50 s 12\namd 2009 No. 16 s 21\nexp 30 June 2014 (see s 135JW)","sortOrder":604},{"sectionNumber":"sec.135FT","sectionType":"section","heading":null,"content":"### Section sec.135FT\n\ns 135FT ins 2004 No. 50 s 12\namd 2009 No. 16 s 22\nexp 30 June 2014 (see s 135JW)","sortOrder":605},{"sectionNumber":"sec.135FU","sectionType":"section","heading":null,"content":"### Section sec.135FU\n\ns 135FU ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":606},{"sectionNumber":"sec.135FV","sectionType":"section","heading":null,"content":"### Section sec.135FV\n\ns 135FV ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":607},{"sectionNumber":"sec.135FW","sectionType":"section","heading":null,"content":"### Section sec.135FW\n\ns 135FW ins 2004 No. 50 s 12\namd 2005 No. 51 s 3 sch ; 2009 No. 16 s 23\nexp 30 June 2014 (see s 135JW)","sortOrder":608},{"sectionNumber":"sec.135FX","sectionType":"section","heading":null,"content":"### Section sec.135FX\n\ns 135FX ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":609},{"sectionNumber":"sec.135FY","sectionType":"section","heading":null,"content":"### Section sec.135FY\n\ns 135FY ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":610},{"sectionNumber":"sec.135FZ","sectionType":"section","heading":null,"content":"### Section sec.135FZ\n\ns 135FZ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":611},{"sectionNumber":"sec.135G","sectionType":"section","heading":null,"content":"### Section sec.135G\n\ns 135G ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":612},{"sectionNumber":"sec.135GA","sectionType":"section","heading":null,"content":"### Section sec.135GA\n\ns 135GA ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":613},{"sectionNumber":"sec.135GB","sectionType":"section","heading":null,"content":"### Section sec.135GB\n\ns 135GB ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":614},{"sectionNumber":"sec.135GC","sectionType":"section","heading":null,"content":"### Section sec.135GC\n\ns 135GC ins 2004 No. 50 s 12\namd 2008 No. 33 s 125 sch 1\nexp 30 June 2014 (see s 135JW)","sortOrder":615},{"sectionNumber":"sec.135GD","sectionType":"section","heading":null,"content":"### Section sec.135GD\n\ns 135GD ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":616},{"sectionNumber":"sec.135GE","sectionType":"section","heading":null,"content":"### Section sec.135GE\n\ns 135GE ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":617},{"sectionNumber":"sec.135GF","sectionType":"section","heading":null,"content":"### Section sec.135GF\n\ns 135GF ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":618},{"sectionNumber":"ch.5A-pt.5-div.6","sectionType":"division","heading":null,"content":"","sortOrder":619},{"sectionNumber":"sec.135GG","sectionType":"section","heading":null,"content":"### Section sec.135GG\n\ns 135GG ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":620},{"sectionNumber":"sec.135GH","sectionType":"section","heading":null,"content":"### Section sec.135GH\n\ns 135GH ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":621},{"sectionNumber":"sec.135GI","sectionType":"section","heading":null,"content":"### Section sec.135GI\n\ns 135GI ins 2004 No. 50 s 12\namd 2012 No. 43 s 325 sch 2\nexp 30 June 2014 (see s 135JW)","sortOrder":622},{"sectionNumber":"sec.135GJ","sectionType":"section","heading":null,"content":"### Section sec.135GJ\n\ns 135GJ ins 2004 No. 50 s 12\namd 2013 No. 42 s 22\nexp 30 June 2014 (see s 135JW)","sortOrder":623},{"sectionNumber":"sec.135GK","sectionType":"section","heading":null,"content":"### Section sec.135GK\n\ns 135GK ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":624},{"sectionNumber":"sec.135GL","sectionType":"section","heading":null,"content":"### Section sec.135GL\n\ns 135GL ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":625},{"sectionNumber":"sec.135GM","sectionType":"section","heading":null,"content":"### Section sec.135GM\n\ns 135GM ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":626},{"sectionNumber":"sec.135GN","sectionType":"section","heading":null,"content":"### Section sec.135GN\n\ns 135GN ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":627},{"sectionNumber":"sec.135GO","sectionType":"section","heading":null,"content":"### Section sec.135GO\n\ns 135GO ins 2004 No. 50 s 12\namd 2013 No. 42 s 23\nexp 30 June 2014 (see s 135JW)","sortOrder":628},{"sectionNumber":"sec.135GP","sectionType":"section","heading":null,"content":"### Section sec.135GP\n\ns 135GP ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":629},{"sectionNumber":"sec.135GQ","sectionType":"section","heading":null,"content":"### Section sec.135GQ\n\ns 135GQ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":630},{"sectionNumber":"sec.135GR","sectionType":"section","heading":null,"content":"### Section sec.135GR\n\ns 135GR ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":631},{"sectionNumber":"sec.135GS","sectionType":"section","heading":null,"content":"### Section sec.135GS\n\ns 135GS ins 2004 No. 50 s 12\namd 2013 No. 42 s 24\nexp 30 June 2014 (see s 135JW)","sortOrder":632},{"sectionNumber":"sec.135GT","sectionType":"section","heading":null,"content":"### Section sec.135GT\n\ns 135GT ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":633},{"sectionNumber":"sec.135GU","sectionType":"section","heading":null,"content":"### Section sec.135GU\n\ns 135GU ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":634},{"sectionNumber":"sec.135GV","sectionType":"section","heading":null,"content":"### Section sec.135GV\n\ns 135GV ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":635},{"sectionNumber":"sec.135GW","sectionType":"section","heading":null,"content":"### Section sec.135GW\n\ns 135GW ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":636},{"sectionNumber":"sec.135GX","sectionType":"section","heading":null,"content":"### Section sec.135GX\n\ns 135GX ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":637},{"sectionNumber":"sec.135GY","sectionType":"section","heading":null,"content":"### Section sec.135GY\n\ns 135GY ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":638},{"sectionNumber":"sec.135GZ","sectionType":"section","heading":null,"content":"### Section sec.135GZ\n\ns 135GZ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":639},{"sectionNumber":"sec.135H","sectionType":"section","heading":null,"content":"### Section sec.135H\n\ns 135H ins 2004 No. 50 s 12\namd 2013 No. 42 s 25\nexp 30 June 2014 (see s 135JW)","sortOrder":640},{"sectionNumber":"sec.135HA","sectionType":"section","heading":null,"content":"### Section sec.135HA\n\ns 135HA ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":641},{"sectionNumber":"sec.135HB","sectionType":"section","heading":null,"content":"### Section sec.135HB\n\ns 135HB ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":642},{"sectionNumber":"sec.135HC","sectionType":"section","heading":null,"content":"### Section sec.135HC\n\ns 135HC ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":643},{"sectionNumber":"sec.135HD","sectionType":"section","heading":null,"content":"### Section sec.135HD\n\ns 135HD ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":644},{"sectionNumber":"sec.135HE","sectionType":"section","heading":null,"content":"### Section sec.135HE\n\ns 135HE ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":645},{"sectionNumber":"sec.135HF","sectionType":"section","heading":null,"content":"### Section sec.135HF\n\ns 135HF ins 2004 No. 50 s 12\namd 2013 No. 42 s 26\nexp 30 June 2014 (see s 135JW)","sortOrder":646},{"sectionNumber":"sec.135HG","sectionType":"section","heading":null,"content":"### Section sec.135HG\n\ns 135HG ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":647},{"sectionNumber":"sec.135HH","sectionType":"section","heading":null,"content":"### Section sec.135HH\n\ns 135HH ins 2004 No. 50 s 12\namd 2013 No. 42 s 27\nexp 30 June 2014 (see s 135JW)","sortOrder":648},{"sectionNumber":"sec.135HI","sectionType":"section","heading":null,"content":"### Section sec.135HI\n\ns 135HI ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":649},{"sectionNumber":"sec.135HJ","sectionType":"section","heading":null,"content":"### Section sec.135HJ\n\ns 135HJ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":650},{"sectionNumber":"sec.135HK","sectionType":"section","heading":null,"content":"### Section sec.135HK\n\ns 135HK ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":651},{"sectionNumber":"sec.135HL","sectionType":"section","heading":null,"content":"### Section sec.135HL\n\ns 135HL ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":652},{"sectionNumber":"sec.135HM","sectionType":"section","heading":null,"content":"### Section sec.135HM\n\ns 135HM ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":653},{"sectionNumber":"sec.135HN","sectionType":"section","heading":null,"content":"### Section sec.135HN\n\ns 135HN ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":654},{"sectionNumber":"sec.135HO","sectionType":"section","heading":null,"content":"### Section sec.135HO\n\ns 135HO ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":655},{"sectionNumber":"sec.135HP","sectionType":"section","heading":null,"content":"### Section sec.135HP\n\ns 135HP ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":656},{"sectionNumber":"sec.135HQ","sectionType":"section","heading":null,"content":"### Section sec.135HQ\n\ns 135HQ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":657},{"sectionNumber":"sec.135HR","sectionType":"section","heading":null,"content":"### Section sec.135HR\n\ns 135HR ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":658},{"sectionNumber":"sec.135HS","sectionType":"section","heading":null,"content":"### Section sec.135HS\n\ns 135HS ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":659},{"sectionNumber":"sec.135HT","sectionType":"section","heading":null,"content":"### Section sec.135HT\n\ns 135HT ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":660},{"sectionNumber":"ch.5A-pt.5-div.7","sectionType":"division","heading":null,"content":"","sortOrder":661},{"sectionNumber":"sec.135HU","sectionType":"section","heading":null,"content":"### Section sec.135HU\n\ns 135HU ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":662},{"sectionNumber":"sec.135HV","sectionType":"section","heading":null,"content":"### Section sec.135HV\n\ns 135HV ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":663},{"sectionNumber":"sec.135HW","sectionType":"section","heading":null,"content":"### Section sec.135HW\n\ns 135HW ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":664},{"sectionNumber":"sec.135HX","sectionType":"section","heading":null,"content":"### Section sec.135HX\n\ns 135HX ins 2004 No. 50 s 12\namd 2005 No. 51 s 3 sch ; 2006 No. 60 s 33\nexp 30 June 2014 (see s 135JW)","sortOrder":665},{"sectionNumber":"sec.135HY","sectionType":"section","heading":null,"content":"### Section sec.135HY\n\ns 135HY ins 2004 No. 50 s 12\namd 2004 No. 51 s 3 sch\nsub 2006 No. 60 s 34\nexp 30 June 2014 (see s 135JW)","sortOrder":666},{"sectionNumber":"sec.135HZ","sectionType":"section","heading":null,"content":"### Section sec.135HZ\n\ns 135HZ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":667},{"sectionNumber":"ch.5A-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":668},{"sectionNumber":"sec.135I","sectionType":"section","heading":null,"content":"### Section sec.135I\n\ns 135I ins 2004 No. 50 s 12\namd 2013 No. 42 s 28\nexp 30 June 2014 (see s 135JW)","sortOrder":669},{"sectionNumber":"sec.135IA","sectionType":"section","heading":null,"content":"### Section sec.135IA\n\ns 135IA ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":670},{"sectionNumber":"sec.135IB","sectionType":"section","heading":null,"content":"### Section sec.135IB\n\ns 135IB ins 2004 No. 50 s 12\namd 2013 No. 42 s 29\nexp 30 June 2014 (see s 135JW)","sortOrder":671},{"sectionNumber":"sec.135IC","sectionType":"section","heading":null,"content":"### Section sec.135IC\n\ns 135IC ins 2004 No. 50 s 12\namd 2013 No. 42 s 30\nexp 30 June 2014 (see s 135JW)","sortOrder":672},{"sectionNumber":"sec.135ID","sectionType":"section","heading":null,"content":"### Section sec.135ID\n\ns 135ID ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":673},{"sectionNumber":"sec.135IE","sectionType":"section","heading":null,"content":"### Section sec.135IE\n\ns 135IE ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":674},{"sectionNumber":"ch.5A-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":675},{"sectionNumber":"ch.5A-pt.7-div.1","sectionType":"division","heading":null,"content":"","sortOrder":676},{"sectionNumber":"sec.135IF","sectionType":"section","heading":null,"content":"### Section sec.135IF\n\ns 135IF ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":677},{"sectionNumber":"sec.135IG","sectionType":"section","heading":null,"content":"### Section sec.135IG\n\ns 135IG ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":678},{"sectionNumber":"sec.135IH","sectionType":"section","heading":null,"content":"### Section sec.135IH\n\ns 135IH ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":679},{"sectionNumber":"sec.135II","sectionType":"section","heading":null,"content":"### Section sec.135II\n\ns 135II ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":680},{"sectionNumber":"sec.135IJ","sectionType":"section","heading":null,"content":"### Section sec.135IJ\n\ns 135IJ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":681},{"sectionNumber":"sec.135IK","sectionType":"section","heading":null,"content":"### Section sec.135IK\n\ns 135IK ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":682},{"sectionNumber":"sec.135IL","sectionType":"section","heading":null,"content":"### Section sec.135IL\n\ns 135IL ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":683},{"sectionNumber":"sec.135IM","sectionType":"section","heading":null,"content":"### Section sec.135IM\n\ns 135IM ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":684},{"sectionNumber":"sec.135IN","sectionType":"section","heading":null,"content":"### Section sec.135IN\n\ns 135IN ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":685},{"sectionNumber":"ch.5A-pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":686},{"sectionNumber":"sec.135IO","sectionType":"section","heading":null,"content":"### Section sec.135IO\n\ns 135IO ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":687},{"sectionNumber":"sec.135IP","sectionType":"section","heading":null,"content":"### Section sec.135IP\n\ns 135IP ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":688},{"sectionNumber":"sec.135IQ","sectionType":"section","heading":null,"content":"### Section sec.135IQ\n\ns 135IQ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":689},{"sectionNumber":"sec.135IR","sectionType":"section","heading":null,"content":"### Section sec.135IR\n\ns 135IR ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":690},{"sectionNumber":"sec.135IS","sectionType":"section","heading":null,"content":"### Section sec.135IS\n\ns 135IS ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":691},{"sectionNumber":"ch.5A-pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":692},{"sectionNumber":"sec.135IT","sectionType":"section","heading":null,"content":"### Section sec.135IT\n\ns 135IT ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":693},{"sectionNumber":"sec.135IU","sectionType":"section","heading":null,"content":"### Section sec.135IU\n\ns 135IU ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":694},{"sectionNumber":"ch.5A-pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":695},{"sectionNumber":"sec.135IV","sectionType":"section","heading":null,"content":"### Section sec.135IV\n\ns 135IV ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":696},{"sectionNumber":"sec.135IW","sectionType":"section","heading":null,"content":"### Section sec.135IW\n\ns 135IW ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":697},{"sectionNumber":"ch.5A-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":698},{"sectionNumber":"ch.5A-pt.8-div.1","sectionType":"division","heading":null,"content":"","sortOrder":699},{"sectionNumber":"sec.135IX","sectionType":"section","heading":null,"content":"### Section sec.135IX\n\ns 135IX ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":700},{"sectionNumber":"sec.135IY","sectionType":"section","heading":null,"content":"### Section sec.135IY\n\ns 135IY ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":701},{"sectionNumber":"sec.135IZ","sectionType":"section","heading":null,"content":"### Section sec.135IZ\n\ns 135IZ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":702},{"sectionNumber":"sec.135J","sectionType":"section","heading":null,"content":"### Section sec.135J\n\ns 135J ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":703},{"sectionNumber":"ch.5A-pt.8-div.2","sectionType":"division","heading":null,"content":"","sortOrder":704},{"sectionNumber":"sec.135JA","sectionType":"section","heading":null,"content":"### Section sec.135JA\n\ns 135JA ins 2004 No. 50 s 12\namd 2005 No. 51 s 3 sch\nexp 30 June 2014 (see s 135JW)","sortOrder":705},{"sectionNumber":"sec.135JB","sectionType":"section","heading":null,"content":"### Section sec.135JB\n\ns 135JB ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":706},{"sectionNumber":"sec.135JC","sectionType":"section","heading":null,"content":"### Section sec.135JC\n\ns 135JC ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":707},{"sectionNumber":"sec.135JD","sectionType":"section","heading":null,"content":"### Section sec.135JD\n\ns 135JD ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":708},{"sectionNumber":"ch.5A-pt.8-div.3","sectionType":"division","heading":null,"content":"","sortOrder":709},{"sectionNumber":"sec.135JE","sectionType":"section","heading":null,"content":"### Section sec.135JE\n\ns 135JE ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":710},{"sectionNumber":"sec.135JF","sectionType":"section","heading":null,"content":"### Section sec.135JF\n\ns 135JF ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":711},{"sectionNumber":"sec.135JG","sectionType":"section","heading":null,"content":"### Section sec.135JG\n\ns 135JG ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":712},{"sectionNumber":"sec.135JH","sectionType":"section","heading":null,"content":"### Section sec.135JH\n\ns 135JH ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":713},{"sectionNumber":"sec.135JI","sectionType":"section","heading":null,"content":"### Section sec.135JI\n\ns 135JI ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":714},{"sectionNumber":"sec.135JJ","sectionType":"section","heading":null,"content":"### Section sec.135JJ\n\ns 135JJ ins 2004 No. 50 s 12\namd 2009 No. 13 s 213 sch 5\nexp 30 June 2014 (see s 135JW)","sortOrder":715},{"sectionNumber":"sec.135JK","sectionType":"section","heading":null,"content":"### Section sec.135JK\n\ns 135JK ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":716},{"sectionNumber":"ch.5A-pt.8-div.4","sectionType":"division","heading":null,"content":"","sortOrder":717},{"sectionNumber":"sec.135JL","sectionType":"section","heading":null,"content":"### Section sec.135JL\n\ns 135JL ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":718},{"sectionNumber":"sec.135JM","sectionType":"section","heading":null,"content":"### Section sec.135JM\n\ns 135JM ins 2004 No. 50 s 12\namd 2009 No. 13 s 213 sch 5\nexp 30 June 2014 (see s 135JW)","sortOrder":719},{"sectionNumber":"sec.135JN","sectionType":"section","heading":null,"content":"### Section sec.135JN\n\ns 135JN ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":720},{"sectionNumber":"sec.135JO","sectionType":"section","heading":null,"content":"### Section sec.135JO\n\ns 135JO ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":721},{"sectionNumber":"sec.135JP","sectionType":"section","heading":null,"content":"### Section sec.135JP\n\ns 135JP ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":722},{"sectionNumber":"sec.135JQ","sectionType":"section","heading":null,"content":"### Section sec.135JQ\n\ns 135JQ ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":723},{"sectionNumber":"sec.135JR","sectionType":"section","heading":null,"content":"### Section sec.135JR\n\ns 135JR ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":724},{"sectionNumber":"ch.5A-pt.8-div.5","sectionType":"division","heading":null,"content":"","sortOrder":725},{"sectionNumber":"sec.135JS","sectionType":"section","heading":null,"content":"### Section sec.135JS\n\ns 135JS ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":726},{"sectionNumber":"sec.135JT","sectionType":"section","heading":null,"content":"### Section sec.135JT\n\ns 135JT ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":727},{"sectionNumber":"sec.135JU","sectionType":"section","heading":null,"content":"### Section sec.135JU\n\ns 135JU ins 2004 No. 50 s 12\namd 2009 No. 16 s 24\nexp 30 June 2014 (see s 135JW)","sortOrder":728},{"sectionNumber":"sec.135JUA","sectionType":"section","heading":null,"content":"### Section sec.135JUA\n\ns 135JUA ins 2013 No. 42 s 31\nexp 30 June 2014 (see s 135JW)","sortOrder":729},{"sectionNumber":"sec.135JV","sectionType":"section","heading":null,"content":"### Section sec.135JV\n\ns 135JV ins 2004 No. 50 s 12\nexp 30 June 2014 (see s 135JW)","sortOrder":730},{"sectionNumber":"ch.5A-pt.9","sectionType":"part","heading":null,"content":"","sortOrder":731},{"sectionNumber":"sec.135JW","sectionType":"section","heading":null,"content":"### Section sec.135JW\n\ns 135JW ins 2004 No. 50 s 12\namd 2013 No. 42 s 32\nexp 30 June 2014 (see s 135JW)","sortOrder":732},{"sectionNumber":"sec.135JX","sectionType":"section","heading":null,"content":"### Section sec.135JX\n\ns 135JX ins 2004 No. 50 s 12\nom 2013 No. 42 s 33","sortOrder":733},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Operational powers","content":"# Operational powers","sortOrder":734},{"sectionNumber":"sec.136","sectionType":"section","heading":"Entry to repair etc. works or electrical installations","content":"### sec.136 Entry to repair etc. works or electrical installations\n\nAn electricity officer for an electricity entity may, at any reasonable time, enter a place where the electricity entity has works or an electrical installation to inspect, operate, change, maintain, remove, repair or replace the works or installation.\nAn electricity officer for an electricity entity may, at any reasonable time, enter a place where someone else has an electrical installation to which electricity is, or is to be supplied by the electricity entity to examine or inspect the installation to ensure that the installation is safe to connect or reconnect supply.\n(sec.136-ssec.1) An electricity officer for an electricity entity may, at any reasonable time, enter a place where the electricity entity has works or an electrical installation to inspect, operate, change, maintain, remove, repair or replace the works or installation.\n(sec.136-ssec.2) An electricity officer for an electricity entity may, at any reasonable time, enter a place where someone else has an electrical installation to which electricity is, or is to be supplied by the electricity entity to examine or inspect the installation to ensure that the installation is safe to connect or reconnect supply.","sortOrder":735},{"sectionNumber":"sec.137","sectionType":"section","heading":"Entry to read meters etc.","content":"### sec.137 Entry to read meters etc.\n\nAn electricity officer for an electricity entity may, at any reasonable time, enter a place where there is an electrical installation to which electricity is being, or has been, supplied or sold by the electricity entity to—\nread a meter; or\ncalculate or measure electricity supplied or taken; or\ncheck the accuracy of metered consumption; or\ntake action for deciding—\nthe appropriate tariffs for the electrical installation; or\nthe electrical installation’s load classification; or\ncheck any electrical equipment located at the electricity entity’s meter, including, for example, wiring and connections to the meter; or\nreplace meters, control apparatus and other electrical equipment of the electricity entity.\nIn this section—\nelectricity entity includes a retailer.\ns 137 amd 1997 No. 26 s 36 ; 2002 No. 42 s 242 sch 1 ; 2003 No. 28 s 9 ; 2014 No. 48 s 75\n(sec.137-ssec.1) An electricity officer for an electricity entity may, at any reasonable time, enter a place where there is an electrical installation to which electricity is being, or has been, supplied or sold by the electricity entity to— read a meter; or calculate or measure electricity supplied or taken; or check the accuracy of metered consumption; or take action for deciding— the appropriate tariffs for the electrical installation; or the electrical installation’s load classification; or check any electrical equipment located at the electricity entity’s meter, including, for example, wiring and connections to the meter; or replace meters, control apparatus and other electrical equipment of the electricity entity.\n(sec.137-ssec.2) In this section— electricity entity includes a retailer.\n- (a) read a meter; or\n- (b) calculate or measure electricity supplied or taken; or\n- (c) check the accuracy of metered consumption; or\n- (d) take action for deciding— (i) the appropriate tariffs for the electrical installation; or (ii) the electrical installation’s load classification; or\n- (i) the appropriate tariffs for the electrical installation; or\n- (ii) the electrical installation’s load classification; or\n- (e) check any electrical equipment located at the electricity entity’s meter, including, for example, wiring and connections to the meter; or\n- (f) replace meters, control apparatus and other electrical equipment of the electricity entity.\n- (i) the appropriate tariffs for the electrical installation; or\n- (ii) the electrical installation’s load classification; or","sortOrder":736},{"sectionNumber":"sec.138","sectionType":"section","heading":"Disconnection of supply if entry refused","content":"### sec.138 Disconnection of supply if entry refused\n\nIf—\nan electricity officer for an electricity entity is allowed to enter a place under section 137 ; and\nthe electricity officer is refused entry to the place or the electricity officer’s entry to the place is obstructed;\nthe entity’s chief executive officer may, by written notice to the occupier of the place, ask for consent to the entry.\nThe notice must state why the entry is needed and state a day and time for the proposed entry.\nIf the occupier again refuses to consent to the entry, the chief executive officer may authorise an electricity officer to—\ndisconnect electricity supply to the place; and\nleave the electrical installation disconnected until the occupier consents to the entry and pays the disconnection and reconnection fees prescribed under the regulations.\nIn this section—\nelectricity entity includes a retailer.\ns 138 amd 2004 No. 53 s 2 sch ; 2005 No. 51 s 3 sch ; 2014 No. 48 s 76\n(sec.138-ssec.1) If— an electricity officer for an electricity entity is allowed to enter a place under section 137 ; and the electricity officer is refused entry to the place or the electricity officer’s entry to the place is obstructed; the entity’s chief executive officer may, by written notice to the occupier of the place, ask for consent to the entry.\n(sec.138-ssec.2) The notice must state why the entry is needed and state a day and time for the proposed entry.\n(sec.138-ssec.3) If the occupier again refuses to consent to the entry, the chief executive officer may authorise an electricity officer to— disconnect electricity supply to the place; and leave the electrical installation disconnected until the occupier consents to the entry and pays the disconnection and reconnection fees prescribed under the regulations.\n(sec.138-ssec.4) In this section— electricity entity includes a retailer.\n- (a) an electricity officer for an electricity entity is allowed to enter a place under section 137 ; and\n- (b) the electricity officer is refused entry to the place or the electricity officer’s entry to the place is obstructed;\n- (a) disconnect electricity supply to the place; and\n- (b) leave the electrical installation disconnected until the occupier consents to the entry and pays the disconnection and reconnection fees prescribed under the regulations.","sortOrder":737},{"sectionNumber":"sec.139","sectionType":"section","heading":"Entry to disconnect supply","content":"### sec.139 Entry to disconnect supply\n\nAn electricity officer for an electricity entity may, at any reasonable time, enter a place to disconnect supply to an electrical installation to which electricity is being supplied by the entity.\nThe electricity officer may act under subsection (1) only if the electricity entity is allowed to disconnect supply.\nIn this section—\nelectricity entity includes a retailer.\ns 139 amd 2014 No. 48 s 77\n(sec.139-ssec.1) An electricity officer for an electricity entity may, at any reasonable time, enter a place to disconnect supply to an electrical installation to which electricity is being supplied by the entity.\n(sec.139-ssec.2) The electricity officer may act under subsection (1) only if the electricity entity is allowed to disconnect supply.\n(sec.139-ssec.3) In this section— electricity entity includes a retailer.","sortOrder":738},{"sectionNumber":"sec.140","sectionType":"section","heading":"Entry to place to protect electricity entity’s works","content":"### sec.140 Entry to place to protect electricity entity’s works\n\nAn electricity officer for an electricity entity may, at any reasonable time, enter a place to prevent an obstruction or potential obstruction to, or interference or potential interference with, the building, maintenance or operation of an electric line or other works of the entity.\nWithout limiting subsection (1) , the electricity officer may enter the place to remove vegetation that is interfering, or has the potential to interfere, with the operation of an electric line or other works of the entity.\nHowever, the electricity officer may enter the place only if—\nthe occupier of the place consents to the entry; or\nthe electricity officer or the electricity entity gives the occupier at least 7 days notice of the intended entry.\nThe notice must state a period of not more than 1 month when entry will be made.\nThe notice is sufficient notice for each entry made during the stated period.\ns 140 amd 2002 No. 42 s 242 sch 1 ; 2004 No. 51 s 23\n(sec.140-ssec.1) An electricity officer for an electricity entity may, at any reasonable time, enter a place to prevent an obstruction or potential obstruction to, or interference or potential interference with, the building, maintenance or operation of an electric line or other works of the entity.\n(sec.140-ssec.1A) Without limiting subsection (1) , the electricity officer may enter the place to remove vegetation that is interfering, or has the potential to interfere, with the operation of an electric line or other works of the entity.\n(sec.140-ssec.2) However, the electricity officer may enter the place only if— the occupier of the place consents to the entry; or the electricity officer or the electricity entity gives the occupier at least 7 days notice of the intended entry.\n(sec.140-ssec.3) The notice must state a period of not more than 1 month when entry will be made.\n(sec.140-ssec.4) The notice is sufficient notice for each entry made during the stated period.\n- (a) the occupier of the place consents to the entry; or\n- (b) the electricity officer or the electricity entity gives the occupier at least 7 days notice of the intended entry.","sortOrder":739},{"sectionNumber":"sec.140A","sectionType":"section","heading":"Entry to place to carry out remedial work","content":"### sec.140A Entry to place to carry out remedial work\n\nSubject to subsections (2) to (4) , an electricity officer for an electricity entity may enter a place to fix damage or harm to the place caused by, or in connection with, works or an electrical installation of the entity.\nThe entry may be made only if it is made at a reasonable time and—\nany occupier of the place to be entered has consented to the entry; or\nthe entity has given any occupier of the place to be entered at least 7 days written notice of the proposed entry.\nThe notice must state—\nthe time or times or period of the proposed entry; and\nthe purpose of the proposed entry; and\nthat the proposed entry is, at the time or times or during the period, permitted under this Act without the occupier’s consent.\nThis section does not authorise entry to a residence.\ns 140A ins 2004 No. 50 s 13\n(sec.140A-ssec.1) Subject to subsections (2) to (4) , an electricity officer for an electricity entity may enter a place to fix damage or harm to the place caused by, or in connection with, works or an electrical installation of the entity.\n(sec.140A-ssec.2) The entry may be made only if it is made at a reasonable time and— any occupier of the place to be entered has consented to the entry; or the entity has given any occupier of the place to be entered at least 7 days written notice of the proposed entry.\n(sec.140A-ssec.3) The notice must state— the time or times or period of the proposed entry; and the purpose of the proposed entry; and that the proposed entry is, at the time or times or during the period, permitted under this Act without the occupier’s consent.\n(sec.140A-ssec.4) This section does not authorise entry to a residence.\n- (a) any occupier of the place to be entered has consented to the entry; or\n- (b) the entity has given any occupier of the place to be entered at least 7 days written notice of the proposed entry.\n- (a) the time or times or period of the proposed entry; and\n- (b) the purpose of the proposed entry; and\n- (c) that the proposed entry is, at the time or times or during the period, permitted under this Act without the occupier’s consent.","sortOrder":740},{"sectionNumber":"sec.140B","sectionType":"section","heading":"Entry to place to carry out urgent remedial work","content":"### sec.140B Entry to place to carry out urgent remedial work\n\nSubject to subsections (3) , (4) and (6) , an electricity officer for an electricity entity may enter a place to fix damage or harm to the place caused by, or in connection with, works or an electrical installation of the entity if the entity is satisfied, on reasonable grounds—\nthe damage or harm is, or is likely to be, serious; and\nthe need to fix the damage or harm is urgent.\nThe power under subsection (1) may be exercised—\nat any time; and\nwithout the consent of, or notice to, the occupier of the place to be entered.\nHowever, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things—\nidentify himself or herself to the occupier, in the way stated in section 70 ;\ntell the occupier the purpose of the entry;\nseek the consent of the occupier to the entry;\ntell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\nAlso, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place.\nSubsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the fixing of the damage or harm.\nThis section does not authorise entry to a residence.\ns 140B ins 2004 No. 50 s 13\n(sec.140B-ssec.1) Subject to subsections (3) , (4) and (6) , an electricity officer for an electricity entity may enter a place to fix damage or harm to the place caused by, or in connection with, works or an electrical installation of the entity if the entity is satisfied, on reasonable grounds— the damage or harm is, or is likely to be, serious; and the need to fix the damage or harm is urgent.\n(sec.140B-ssec.2) The power under subsection (1) may be exercised— at any time; and without the consent of, or notice to, the occupier of the place to be entered.\n(sec.140B-ssec.3) However, if the occupier is present at the place, before entering the place, the officer must do, or make a reasonable attempt to do, the following things— identify himself or herself to the occupier, in the way stated in section 70 ; tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\n(sec.140B-ssec.4) Also, if the occupier is not present at the place, the officer must take reasonable steps to advise the occupier of the officer’s intention to enter the place.\n(sec.140B-ssec.5) Subsections (3) and (4) do not require the officer to take a step that the officer reasonably believes may frustrate or otherwise hinder the fixing of the damage or harm.\n(sec.140B-ssec.6) This section does not authorise entry to a residence.\n- (a) the damage or harm is, or is likely to be, serious; and\n- (b) the need to fix the damage or harm is urgent.\n- (a) at any time; and\n- (b) without the consent of, or notice to, the occupier of the place to be entered.\n- (a) identify himself or herself to the occupier, in the way stated in section 70 ;\n- (b) tell the occupier the purpose of the entry;\n- (c) seek the consent of the occupier to the entry;\n- (d) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.","sortOrder":741},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Powers to prevent fire or electrical shock","content":"# Powers to prevent fire or electrical shock","sortOrder":742},{"sectionNumber":"sec.141","sectionType":"section","heading":"Entry to make works or electrical installations safe","content":"### sec.141 Entry to make works or electrical installations safe\n\nAn electricity officer for an electricity entity may, at any reasonable time, enter a place where the electricity entity has works or an electrical installation to make the works or installation safe.\nAn electricity officer may, at any reasonable time, enter a place where someone else has an electrical installation to which electricity is supplied by the electricity entity to make the installation safe.\nWithout limiting subsection (1) or (2) , the electricity officer may enter the place to remove vegetation that is affecting, or may affect, the safety of works or an electrical installation mentioned in the subsection.\nThe electricity officer may disconnect supply to a works or installation until it is made safe.\nThe powers conferred by this section are in addition to the powers conferred by part 1 .\nIn this section—\nsafe , in relation to works or an electrical installation, means that the works or electrical installation can not cause fire or electrical shock.\ns 141 amd 2002 No. 42 s 242 sch 1 ; 2004 No. 51 s 24 ; 2004 No. 53 s 2 sch\n(sec.141-ssec.1) An electricity officer for an electricity entity may, at any reasonable time, enter a place where the electricity entity has works or an electrical installation to make the works or installation safe.\n(sec.141-ssec.2) An electricity officer may, at any reasonable time, enter a place where someone else has an electrical installation to which electricity is supplied by the electricity entity to make the installation safe.\n(sec.141-ssec.2A) Without limiting subsection (1) or (2) , the electricity officer may enter the place to remove vegetation that is affecting, or may affect, the safety of works or an electrical installation mentioned in the subsection.\n(sec.141-ssec.3) The electricity officer may disconnect supply to a works or installation until it is made safe.\n(sec.141-ssec.4) The powers conferred by this section are in addition to the powers conferred by part 1 .\n(sec.141-ssec.5) In this section— safe , in relation to works or an electrical installation, means that the works or electrical installation can not cause fire or electrical shock.","sortOrder":743},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Other provisions about exercise of electricity officer’s powers","content":"# Other provisions about exercise of electricity officer’s powers","sortOrder":744},{"sectionNumber":"sec.141A","sectionType":"section","heading":"Duty to avoid damage","content":"### sec.141A Duty to avoid damage\n\nIn exercising a power under this chapter, an electricity officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable.\nfor an entry to a place, under section 140A , complying with any reasonable requirement of the owner or occupier of the place about fixing the damage or harm\ns 141A ins 2004 No. 50 s 14","sortOrder":745},{"sectionNumber":"sec.141B","sectionType":"section","heading":"Associated powers on entry","content":"### sec.141B Associated powers on entry\n\nAn electricity officer may take into or onto a place any person, equipment and materials the officer reasonably requires for exercising a power under this chapter.\ns 141B ins 2004 No. 51 s 25","sortOrder":746},{"sectionNumber":"sec.142","sectionType":"section","heading":"Electricity officer to give notice of damage","content":"### sec.142 Electricity officer to give notice of damage\n\nThis section applies if an electricity officer damages anything when exercising or purporting to exercise a power under this chapter.\nThe electricity officer must immediately give written notice of the particulars of the damage to the person who appears to be the thing’s owner.\nIf the electricity officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the officer’s control, the officer may state this in the notice.\nIf, for any reason, it is not practicable to comply with subsection (2) , the electricity officer must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.\nThis section does not apply to damage that the electricity officer believes, on reasonable grounds, is trivial.\nIn this section—\nowner of a thing includes the person in possession or control of the thing.\n(sec.142-ssec.1) This section applies if an electricity officer damages anything when exercising or purporting to exercise a power under this chapter.\n(sec.142-ssec.2) The electricity officer must immediately give written notice of the particulars of the damage to the person who appears to be the thing’s owner.\n(sec.142-ssec.3) If the electricity officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the officer’s control, the officer may state this in the notice.\n(sec.142-ssec.4) If, for any reason, it is not practicable to comply with subsection (2) , the electricity officer must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.\n(sec.142-ssec.5) This section does not apply to damage that the electricity officer believes, on reasonable grounds, is trivial.\n(sec.142-ssec.6) In this section— owner of a thing includes the person in possession or control of the thing.","sortOrder":747},{"sectionNumber":"sec.143","sectionType":"section","heading":"Compensation","content":"### sec.143 Compensation\n\nA person who incurs loss or expense because of the exercise or purported exercise of a power under this chapter by an electricity officer for an electricity entity may claim compensation from the entity.\nCompensation may be claimed and ordered in a proceeding for—\ncompensation brought in a court of competent jurisdiction; or\nan offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn this section—\nelectricity entity includes a retailer.\ns 143 amd 2014 No. 48 s 78\n(sec.143-ssec.1) A person who incurs loss or expense because of the exercise or purported exercise of a power under this chapter by an electricity officer for an electricity entity may claim compensation from the entity.\n(sec.143-ssec.2) Compensation may be claimed and ordered in a proceeding for— compensation brought in a court of competent jurisdiction; or an offence against this Act brought against the person claiming compensation.\n(sec.143-ssec.3) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.143-ssec.4) In this section— electricity entity includes a retailer.\n- (a) compensation brought in a court of competent jurisdiction; or\n- (b) an offence against this Act brought against the person claiming compensation.","sortOrder":748},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":749},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns 144 om 2002 No. 42 s 242 sch 1","sortOrder":750},{"sectionNumber":"sec.145","sectionType":"section","heading":"Definition for ch 7","content":"### sec.145 Definition for ch 7\n\nIn this chapter—\nauthorised person means—\nan electricity officer; or\nan inspection officer.\ns 145 prev s 145 om 2002 No. 42 s 242 sch 1\npres s 145 ins 2002 No. 42 s 242 sch 1\n- (a) an electricity officer; or\n- (b) an inspection officer.","sortOrder":751},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Inspection officers","content":"# Inspection officers","sortOrder":752},{"sectionNumber":"sec.146","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.146 Appointment and qualifications\n\nThe regulator may appoint any of the following persons as an inspection officer—\nan inspector under the Electrical Safety Act ;\na public service officer;\nan employee of—\nan electricity entity; or\nan electricity entity’s subsidiary company;\na person prescribed under a regulation.\nHowever, the regulator may appoint a person mentioned in subsection (1) (b) , (c) or (d) as an inspection officer only if—\nthe regulator is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or\nthe person has satisfactorily finished training approved by the regulator.\ns 146 prev s 146 om 2002 No. 42 s 242 sch 1\npres s 146 ins 2002 No. 42 s 242 sch 1\namd 2003 No. 28 s 10\n(sec.146-ssec.1) The regulator may appoint any of the following persons as an inspection officer— an inspector under the Electrical Safety Act ; a public service officer; an employee of— an electricity entity; or an electricity entity’s subsidiary company; a person prescribed under a regulation.\n(sec.146-ssec.2) However, the regulator may appoint a person mentioned in subsection (1) (b) , (c) or (d) as an inspection officer only if— the regulator is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or the person has satisfactorily finished training approved by the regulator.\n- (a) an inspector under the Electrical Safety Act ;\n- (b) a public service officer;\n- (c) an employee of— (i) an electricity entity; or (ii) an electricity entity’s subsidiary company;\n- (i) an electricity entity; or\n- (ii) an electricity entity’s subsidiary company;\n- (d) a person prescribed under a regulation.\n- (i) an electricity entity; or\n- (ii) an electricity entity’s subsidiary company;\n- (a) the regulator is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or\n- (b) the person has satisfactorily finished training approved by the regulator.","sortOrder":753},{"sectionNumber":"sec.147","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.147 Appointment conditions and limit on powers\n\nAn inspection officer holds office on any conditions stated in—\nthe inspection officer’s instrument of appointment; or\na signed notice given to the inspection officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspection officer or a regulation may limit the inspection officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the regulator.\ns 147 prev s 147 om 2002 No. 42 s 242 sch 1\npres s 147 ins 2002 No. 42 s 242 sch 1\n(sec.147-ssec.1) An inspection officer holds office on any conditions stated in— the inspection officer’s instrument of appointment; or a signed notice given to the inspection officer; or a regulation.\n(sec.147-ssec.2) The instrument of appointment, a signed notice given to the inspection officer or a regulation may limit the inspection officer’s powers under this Act.\n(sec.147-ssec.3) In this section— signed notice means a notice signed by the regulator.\n- (a) the inspection officer’s instrument of appointment; or\n- (b) a signed notice given to the inspection officer; or\n- (c) a regulation.","sortOrder":754},{"sectionNumber":"sec.148","sectionType":"section","heading":"Issue of identity card","content":"### sec.148 Issue of identity card\n\nThe regulator must issue an identity card to each inspection officer.\nThe identity card must—\ncontain a recent photo of the inspection officer; and\ncontain a copy of the inspection officer’s signature; and\nidentify the person as an inspection officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and for other purposes.\nIf the inspection officer is also an inspector under the Electrical Safety Act , the chief executive under that Act, and the regulator under this Act, could together issue a combined identity card covering the purposes of both Acts.\ns 148 prev s 148 om 2002 No. 42 s 242 sch 1\npres s 148 ins 2002 No. 42 s 242 sch 1\n(sec.148-ssec.1) The regulator must issue an identity card to each inspection officer.\n(sec.148-ssec.2) The identity card must— contain a recent photo of the inspection officer; and contain a copy of the inspection officer’s signature; and identify the person as an inspection officer under this Act; and state an expiry date for the card.\n(sec.148-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and for other purposes. If the inspection officer is also an inspector under the Electrical Safety Act , the chief executive under that Act, and the regulator under this Act, could together issue a combined identity card covering the purposes of both Acts.\n- (a) contain a recent photo of the inspection officer; and\n- (b) contain a copy of the inspection officer’s signature; and\n- (c) identify the person as an inspection officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":755},{"sectionNumber":"sec.149","sectionType":"section","heading":"Production or display of identity card","content":"### sec.149 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an inspection officer must—\nproduce the inspection officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspection officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\ns 149 prev s 149 om 2002 No. 42 s 242 sch 1\npres s 149 ins 2002 No. 42 s 242 sch 1\n(sec.149-ssec.1) In exercising a power under this Act in relation to a person, an inspection officer must— produce the inspection officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.149-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspection officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the inspection officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":756},{"sectionNumber":"sec.150","sectionType":"section","heading":"When inspection officer ceases to hold office","content":"### sec.150 When inspection officer ceases to hold office\n\nAn inspection officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspection officer ceases to hold office;\nthe inspection officer’s resignation takes effect.\nSubsection (1) does not limit the ways an inspection officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the inspection officer holds office.\ns 150 prev s 150 om 2002 No. 42 s 242 sch 1\npres s 150 ins 2002 No. 42 s 242 sch 1\n(sec.150-ssec.1) An inspection officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspection officer ceases to hold office; the inspection officer’s resignation takes effect.\n(sec.150-ssec.2) Subsection (1) does not limit the ways an inspection officer may cease to hold office.\n(sec.150-ssec.3) In this section— condition of office means a condition on which the inspection officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the inspection officer ceases to hold office;\n- (c) the inspection officer’s resignation takes effect.","sortOrder":757},{"sectionNumber":"sec.151","sectionType":"section","heading":"Resignation","content":"### sec.151 Resignation\n\nAn inspection officer may resign by signed notice given to the regulator.\nHowever, if holding office as an inspection officer is a condition of the inspection officer holding another office, the inspection officer may not resign as an inspection officer without resigning from the other office.\ns 151 prev s 151 om 2002 No. 42 s 242 sch 1\npres s 151 ins 2002 No. 42 s 242 sch 1\n(sec.151-ssec.1) An inspection officer may resign by signed notice given to the regulator.\n(sec.151-ssec.2) However, if holding office as an inspection officer is a condition of the inspection officer holding another office, the inspection officer may not resign as an inspection officer without resigning from the other office.","sortOrder":758},{"sectionNumber":"sec.152","sectionType":"section","heading":"Return of identity card","content":"### sec.152 Return of identity card\n\nA person who ceases to be an inspection officer must return the person’s identity card to the regulator within 21 days after ceasing to be an inspection officer unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 152 prev s 152 om 2002 No. 42 s 242 sch 1\npres s 152 ins 2002 No. 42 s 242 sch 1","sortOrder":759},{"sectionNumber":"ch.7-pt.2A","sectionType":"part","heading":"Powers of inspection officers","content":"# Powers of inspection officers","sortOrder":760},{"sectionNumber":"ch.7-pt.2A-div.1","sectionType":"division","heading":"Entry of places","content":"## Entry of places","sortOrder":761},{"sectionNumber":"sec.152A","sectionType":"section","heading":"Power to enter place","content":"### sec.152A Power to enter place\n\nAn inspection officer may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nthe purpose of the entry is to help an approved auditor carry out an audit commissioned under section 135IT and the occupier of the place is a person to whom the audit relates.\nFor the purpose of asking the occupier of a place for consent to enter, an inspection officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspection officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\ns 152A ins 2003 No. 28 s 11\namd 2004 No. 50 s 15\n(sec.152A-ssec.1) An inspection officer may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or the purpose of the entry is to help an approved auditor carry out an audit commissioned under section 135IT and the occupier of the place is a person to whom the audit relates.\n(sec.152A-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an inspection officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the inspection officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) the purpose of the entry is to help an approved auditor carry out an audit commissioned under section 135IT and the occupier of the place is a person to whom the audit relates.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the inspection officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":762},{"sectionNumber":"ch.7-pt.2A-div.2","sectionType":"division","heading":"Procedure for entry","content":"## Procedure for entry","sortOrder":763},{"sectionNumber":"sec.152B","sectionType":"section","heading":"Entry with consent","content":"### sec.152B Entry with consent\n\nThis section applies if an inspection officer intends to ask an occupier of a place to consent to the inspection officer or another inspection officer entering the place.\nBefore asking for the consent, the inspection officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspection officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the inspection officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the inspection officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 152B ins 2003 No. 28 s 11\n(sec.152B-ssec.1) This section applies if an inspection officer intends to ask an occupier of a place to consent to the inspection officer or another inspection officer entering the place.\n(sec.152B-ssec.2) Before asking for the consent, the inspection officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.152B-ssec.3) If the consent is given, the inspection officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.152B-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the inspection officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.152B-ssec.5) If the occupier signs the acknowledgement, the inspection officer must immediately give a copy to the occupier.\n(sec.152B-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the inspection officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":764},{"sectionNumber":"sec.152C","sectionType":"section","heading":"Application for warrant","content":"### sec.152C Application for warrant\n\nAn inspection officer may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the inspection officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\ns 152C ins 2003 No. 28 s 11\n(sec.152C-ssec.1) An inspection officer may apply to a magistrate for a warrant for a place.\n(sec.152C-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.152C-ssec.3) The magistrate may refuse to consider the application until the inspection officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":765},{"sectionNumber":"sec.152D","sectionType":"section","heading":"Issue of warrant","content":"### sec.152D Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or, within the next 7 days, may be at the place.\nThe warrant must state—\nthat a stated inspection officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the inspection officer’s powers under this part; and\nthe offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\ns 152D ins 2003 No. 28 s 11\n(sec.152D-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or, within the next 7 days, may be at the place.\n(sec.152D-ssec.2) The warrant must state— that a stated inspection officer may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the inspection officer’s powers under this part; and the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or, within the next 7 days, may be at the place.\n- (a) that a stated inspection officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspection officer’s powers under this part; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspection officer’s powers under this part; and\n- (b) the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspection officer’s powers under this part; and","sortOrder":766},{"sectionNumber":"sec.152E","sectionType":"section","heading":"Special warrant","content":"### sec.152E Special warrant\n\nAn inspection officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspection officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspection officer’s remote location.\nBefore applying for the special warrant, the inspection officer must prepare an application stating the grounds on which the warrant is sought.\nThe inspection officer may apply for the special warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the inspection officer if it is reasonably practicable to fax the copy.\nIf it is not reasonably practicable to fax a copy to the inspection officer—\nthe magistrate must tell the inspection officer—\nwhat the terms of the special warrant are; and\nthe date and time the special warrant is issued; and\nthe inspection officer must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the special warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspection officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.\nThe inspection officer must, at the first reasonable opportunity, send to the magistrate—\nthe sworn application; and\nif the inspection officer completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate must attach them to the special warrant.\nIf—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\nthe warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\ns 152E ins 2003 No. 28 s 11\n(sec.152E-ssec.1) An inspection officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspection officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspection officer’s remote location.\n(sec.152E-ssec.2) Before applying for the special warrant, the inspection officer must prepare an application stating the grounds on which the warrant is sought.\n(sec.152E-ssec.3) The inspection officer may apply for the special warrant before the application is sworn.\n(sec.152E-ssec.4) After issuing the special warrant, the magistrate must immediately fax a copy ( facsimile warrant ) to the inspection officer if it is reasonably practicable to fax the copy.\n(sec.152E-ssec.5) If it is not reasonably practicable to fax a copy to the inspection officer— the magistrate must tell the inspection officer— what the terms of the special warrant are; and the date and time the special warrant is issued; and the inspection officer must complete a form of warrant (a warrant form ) and write on it— the magistrate’s name; and the date and time the magistrate issued the special warrant; and the terms of the special warrant.\n(sec.152E-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspection officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.\n(sec.152E-ssec.7) The inspection officer must, at the first reasonable opportunity, send to the magistrate— the sworn application; and if the inspection officer completed a warrant form—the completed warrant form.\n(sec.152E-ssec.8) On receiving the documents, the magistrate must attach them to the special warrant.\n(sec.152E-ssec.9) If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspection officer’s remote location.\n- (a) the magistrate must tell the inspection officer— (i) what the terms of the special warrant are; and (ii) the date and time the special warrant is issued; and\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (b) the inspection officer must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the special warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the special warrant are; and\n- (ii) the date and time the special warrant is issued; and\n- (i) the magistrate’s name; and\n- (ii) the date and time the magistrate issued the special warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the inspection officer completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence;","sortOrder":767},{"sectionNumber":"sec.152F","sectionType":"section","heading":"Warrant—procedure before entry","content":"### sec.152F Warrant—procedure before entry\n\nThis section applies if an inspection officer named in a warrant issued under this part for a place is intending to enter the place under the warrant.\nBefore entering the place, the inspection officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspection officer’s identity card or other document evidencing the inspection officer’s appointment;\ngive the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form, a copy of the facsimile warrant or warrant form;\ntell the person the inspection officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspection officer immediate entry to the place without using force.\nHowever, the inspection officer need not comply with subsection (2) if the inspection officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\ns 152F ins 2003 No. 28 s 11\n(sec.152F-ssec.1) This section applies if an inspection officer named in a warrant issued under this part for a place is intending to enter the place under the warrant.\n(sec.152F-ssec.2) Before entering the place, the inspection officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspection officer’s identity card or other document evidencing the inspection officer’s appointment; give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form, a copy of the facsimile warrant or warrant form; tell the person the inspection officer is permitted by the warrant to enter the place; give the person an opportunity to allow the inspection officer immediate entry to the place without using force.\n(sec.152F-ssec.3) However, the inspection officer need not comply with subsection (2) if the inspection officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspection officer’s identity card or other document evidencing the inspection officer’s appointment;\n- (b) give the person a copy of the warrant or if the entry is authorised by a facsimile warrant or warrant form, a copy of the facsimile warrant or warrant form;\n- (c) tell the person the inspection officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspection officer immediate entry to the place without using force.","sortOrder":768},{"sectionNumber":"ch.7-pt.2A-div.3","sectionType":"division","heading":"General powers of inspection officers","content":"## General powers of inspection officers","sortOrder":769},{"sectionNumber":"sec.152G","sectionType":"section","heading":"General powers after entering place","content":"### sec.152G General powers after entering place\n\nThis section applies to an inspection officer who enters a place.\nHowever, if an inspection officer enters a place to get the occupier’s consent to enter a place, this section applies to the inspection officer only if the consent is given or the entry is otherwise authorised.\nThe inspection officer may, for a prescribed purpose—\nsearch any part of the place; or\ninspect, measure, test, photograph or film any part of the place or anything at the place; or\ntake a thing, or a sample of or from a thing, at the place for analysis or testing; or\ncopy a document at the place; or\ntake into or onto the place any persons, equipment and materials the inspection officer reasonably requires for exercising a power under this part; or\nrequire a person at the place to give the inspection officer reasonable help to exercise the inspection officer’s powers under paragraphs (a) to (e) ; or\nrequire a person at the place to answer questions by the inspection officer to help the inspection officer ascertain whether this Act is being or has been complied with.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the inspection officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\nA person given a requirement under subsection (3) (f) or (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty for subsection (5) —100 penalty units.\nIt is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\nA reasonable excuse does not include a matter of mere convenience.\nIn this section—\nprescribed purpose means—\nfor monitoring and enforcing compliance with this Act; or\nif the purpose of the entry was to help an approved auditor carry out an audit commissioned under section 135IT and the occupier of the place is a person to whom the audit relates—for the carrying out of the audit.\ns 152G ins 2003 No. 28 s 11\namd 2004 No. 50 s 16\n(sec.152G-ssec.1) This section applies to an inspection officer who enters a place.\n(sec.152G-ssec.2) However, if an inspection officer enters a place to get the occupier’s consent to enter a place, this section applies to the inspection officer only if the consent is given or the entry is otherwise authorised.\n(sec.152G-ssec.3) The inspection officer may, for a prescribed purpose— search any part of the place; or inspect, measure, test, photograph or film any part of the place or anything at the place; or take a thing, or a sample of or from a thing, at the place for analysis or testing; or copy a document at the place; or take into or onto the place any persons, equipment and materials the inspection officer reasonably requires for exercising a power under this part; or require a person at the place to give the inspection officer reasonable help to exercise the inspection officer’s powers under paragraphs (a) to (e) ; or require a person at the place to answer questions by the inspection officer to help the inspection officer ascertain whether this Act is being or has been complied with.\n(sec.152G-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the inspection officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n(sec.152G-ssec.5) A person given a requirement under subsection (3) (f) or (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty for subsection (5) —100 penalty units.\n(sec.152G-ssec.6) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\n(sec.152G-ssec.7) A reasonable excuse does not include a matter of mere convenience.\n(sec.152G-ssec.8) In this section— prescribed purpose means— for monitoring and enforcing compliance with this Act; or if the purpose of the entry was to help an approved auditor carry out an audit commissioned under section 135IT and the occupier of the place is a person to whom the audit relates—for the carrying out of the audit.\n- (a) search any part of the place; or\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or\n- (d) copy a document at the place; or\n- (e) take into or onto the place any persons, equipment and materials the inspection officer reasonably requires for exercising a power under this part; or\n- (f) require a person at the place to give the inspection officer reasonable help to exercise the inspection officer’s powers under paragraphs (a) to (e) ; or\n- (g) require a person at the place to answer questions by the inspection officer to help the inspection officer ascertain whether this Act is being or has been complied with.\n- (a) for monitoring and enforcing compliance with this Act; or\n- (b) if the purpose of the entry was to help an approved auditor carry out an audit commissioned under section 135IT and the occupier of the place is a person to whom the audit relates—for the carrying out of the audit.","sortOrder":770},{"sectionNumber":"sec.152H","sectionType":"section","heading":"Power to seize evidence","content":"### sec.152H Power to seize evidence\n\nAn inspection officer who enters a place under this part, other than with a warrant, may seize a thing at the place if—\nthe inspection officer reasonably believes the thing is evidence of an offence against this Act; and\nfor an entry made with the occupier’s consent—seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nAn inspection officer who enters a place with a warrant may seize the evidence for which the warrant was issued.\nAn inspection officer may also seize anything else at a place the officer enters under this part if the officer reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.\nAlso, an inspection officer may seize a thing at a place the inspection officer enters under this part if the inspection officer reasonably believes it has just been used in committing an offence against this Act.\ns 152H ins 2003 No. 28 s 11\n(sec.152H-ssec.1) An inspection officer who enters a place under this part, other than with a warrant, may seize a thing at the place if— the inspection officer reasonably believes the thing is evidence of an offence against this Act; and for an entry made with the occupier’s consent—seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.152H-ssec.2) An inspection officer who enters a place with a warrant may seize the evidence for which the warrant was issued.\n(sec.152H-ssec.3) An inspection officer may also seize anything else at a place the officer enters under this part if the officer reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.\n(sec.152H-ssec.4) Also, an inspection officer may seize a thing at a place the inspection officer enters under this part if the inspection officer reasonably believes it has just been used in committing an offence against this Act.\n- (a) the inspection officer reasonably believes the thing is evidence of an offence against this Act; and\n- (b) for an entry made with the occupier’s consent—seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence.","sortOrder":771},{"sectionNumber":"sec.152I","sectionType":"section","heading":"Powers supporting seizure","content":"### sec.152I Powers supporting seizure\n\nHaving seized a thing, an inspection officer may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it and, if the thing is electrical equipment, to disconnect it from its supply of electricity to the extent considered appropriate; or\nsealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\nif the thing is electrical equipment—dismantle it or cause it to be dismantled.\nAn inspection officer may direct an electricity entity to give the inspection officer the help the inspection officer reasonably requires to disconnect electrical equipment under subsection (1) (b) .\nAn electricity entity must comply with a direction under subsection (2) .\nIf an inspection officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspection officer’s approval.\nMaximum penalty for subsection (4) —100 penalty units.\nIf an inspection officer disconnects seized electrical equipment from its supply of electricity, a person must not reconnect, or attempt to reconnect, the electrical equipment to a source of supply without an inspection officer’s approval.\nMaximum penalty for subsection (5) —100 penalty units.\ns 152I ins 2003 No. 28 s 11\n(sec.152I-ssec.1) Having seized a thing, an inspection officer may— move the thing from the place where it was seized (the place of seizure ); or leave the thing at the place of seizure but take reasonable action to restrict access to it and, if the thing is electrical equipment, to disconnect it from its supply of electricity to the extent considered appropriate; or sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted if the thing is electrical equipment—dismantle it or cause it to be dismantled.\n(sec.152I-ssec.2) An inspection officer may direct an electricity entity to give the inspection officer the help the inspection officer reasonably requires to disconnect electrical equipment under subsection (1) (b) .\n(sec.152I-ssec.3) An electricity entity must comply with a direction under subsection (2) .\n(sec.152I-ssec.4) If an inspection officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing or something restricting access to the thing without an inspection officer’s approval. Maximum penalty for subsection (4) —100 penalty units.\n(sec.152I-ssec.5) If an inspection officer disconnects seized electrical equipment from its supply of electricity, a person must not reconnect, or attempt to reconnect, the electrical equipment to a source of supply without an inspection officer’s approval. Maximum penalty for subsection (5) —100 penalty units.\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it and, if the thing is electrical equipment, to disconnect it from its supply of electricity to the extent considered appropriate; or Example— sealing the entrance to a room where the seized thing is situated and marking it to show access to it is restricted\n- (c) if the thing is electrical equipment—dismantle it or cause it to be dismantled.","sortOrder":772},{"sectionNumber":"sec.152J","sectionType":"section","heading":"Receipt for seized thing","content":"### sec.152J Receipt for seized thing\n\nAs soon as practicable after an inspection officer seizes a thing, the inspection officer must give a receipt for it to the person from whom it was seized.\nHowever, if it is not practicable to comply with subsection (1) , the inspection officer must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure.\nThe receipt must describe generally the thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by the section, given the thing’s nature, condition and value.\ns 152J ins 2003 No. 28 s 11\n(sec.152J-ssec.1) As soon as practicable after an inspection officer seizes a thing, the inspection officer must give a receipt for it to the person from whom it was seized.\n(sec.152J-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspection officer must leave the receipt in a conspicuous position and in a reasonably secure way at the place of seizure.\n(sec.152J-ssec.3) The receipt must describe generally the thing seized and its condition.\n(sec.152J-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt required by the section, given the thing’s nature, condition and value.","sortOrder":773},{"sectionNumber":"sec.152K","sectionType":"section","heading":"Forfeiture of seized thing","content":"### sec.152K Forfeiture of seized thing\n\nA seized thing is forfeited to the State if the inspection officer who seized the thing—\ncan not find its owner after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\nSubsection (1) (a) does not require the inspection officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the inspection officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nIf the inspection officer decides to forfeit a thing under subsection (1) (c) , the inspection officer must tell the owner of the decision by written notice.\nSubsection (3) does not apply if—\nthe inspection officer can not find its owner, after making reasonable inquiries; or\nit is impracticable or would be unreasonable to give the notice.\nThe written notice must include a notice stating the following—\nthe reasons for the decision;\nthe rights of review under this Act;\nthe period in which the review must be started;\nhow the rights of review are to be exercised;\nthat a stay of the decision may be applied for under this Act.\nIn deciding whether, and if so what, inquiries or efforts are reasonable, or whether it would be unreasonable to give notice about a thing, regard must be had to the thing’s nature, condition and value.\ns 152K ins 2003 No. 28 s 11\namd 2009 No. 24 s 429\n(sec.152K-ssec.1) A seized thing is forfeited to the State if the inspection officer who seized the thing— can not find its owner after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts; or reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\n(sec.152K-ssec.2) Subsection (1) (a) does not require the inspection officer to make inquiries if it would be unreasonable to make inquiries to find the owner, and subsection (1) (b) does not require the inspection officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.152K-ssec.3) If the inspection officer decides to forfeit a thing under subsection (1) (c) , the inspection officer must tell the owner of the decision by written notice.\n(sec.152K-ssec.4) Subsection (3) does not apply if— the inspection officer can not find its owner, after making reasonable inquiries; or it is impracticable or would be unreasonable to give the notice.\n(sec.152K-ssec.5) The written notice must include a notice stating the following— the reasons for the decision; the rights of review under this Act; the period in which the review must be started; how the rights of review are to be exercised; that a stay of the decision may be applied for under this Act.\n(sec.152K-ssec.6) In deciding whether, and if so what, inquiries or efforts are reasonable, or whether it would be unreasonable to give notice about a thing, regard must be had to the thing’s nature, condition and value.\n- (a) can not find its owner after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit an offence against this Act.\n- (a) the inspection officer can not find its owner, after making reasonable inquiries; or\n- (b) it is impracticable or would be unreasonable to give the notice.\n- (a) the reasons for the decision;\n- (b) the rights of review under this Act;\n- (c) the period in which the review must be started;\n- (d) how the rights of review are to be exercised;\n- (e) that a stay of the decision may be applied for under this Act.","sortOrder":774},{"sectionNumber":"sec.152L","sectionType":"section","heading":"Return of seized thing","content":"### sec.152L Return of seized thing\n\nIf a seized thing has not been forfeited, the inspection officer must return it to its owner—\nat the end of 6 months; or\nif a proceeding for an offence involving it is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\nHowever, unless the thing has been forfeited, the inspection officer must immediately return a thing seized as evidence to its owner if the inspection officer stops being satisfied its continued retention as evidence is necessary.\ns 152L ins 2003 No. 28 s 11\n(sec.152L-ssec.1) If a seized thing has not been forfeited, the inspection officer must return it to its owner— at the end of 6 months; or if a proceeding for an offence involving it is started within 6 months, at the end of the proceeding and any appeal from the proceeding.\n(sec.152L-ssec.2) However, unless the thing has been forfeited, the inspection officer must immediately return a thing seized as evidence to its owner if the inspection officer stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for an offence involving it is started within 6 months, at the end of the proceeding and any appeal from the proceeding.","sortOrder":775},{"sectionNumber":"sec.152M","sectionType":"section","heading":"Access to seized thing","content":"### sec.152M Access to seized thing\n\nUntil a seized thing is forfeited or returned, an inspection officer must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\ns 152M ins 2003 No. 28 s 11\n(sec.152M-ssec.1) Until a seized thing is forfeited or returned, an inspection officer must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.152M-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":776},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Restriction regulations and rationing orders","content":"# Restriction regulations and rationing orders","sortOrder":777},{"sectionNumber":"sec.153","sectionType":"section","heading":"Entry to places to investigate compliance with emergency rationing orders","content":"### sec.153 Entry to places to investigate compliance with emergency rationing orders\n\nAn authorised person may, at any reasonable time, enter a place to investigate compliance with an emergency rationing order if the authorised person suspects, on reasonable grounds, the order is not being complied with in the place.","sortOrder":778},{"sectionNumber":"sec.154","sectionType":"section","heading":"Disconnection for contravening regulation or order","content":"### sec.154 Disconnection for contravening regulation or order\n\nIf a person contravenes an electricity restriction regulation or an emergency rationing order, an authorised person may, without notice to the person, disconnect supply to the person, including, for example, to any electrical installation or premises of the person.\nAn electricity entity may refuse to reconnect supply to the person until—\nwhichever of the following happens first—\nthe person agrees not to contravene the regulation or order;\nthe regulation or order ceases to be in force; and\nthe person pays any reasonable disconnection or reconnection fees required by the entity.\nHowever, despite the person’s agreement not to contravene the regulation or order, the electricity entity may refuse to reconnect supply if it is of the opinion that, because of the person’s previous conduct, the person will not comply with the agreement.\n(sec.154-ssec.1) If a person contravenes an electricity restriction regulation or an emergency rationing order, an authorised person may, without notice to the person, disconnect supply to the person, including, for example, to any electrical installation or premises of the person.\n(sec.154-ssec.2) An electricity entity may refuse to reconnect supply to the person until— whichever of the following happens first— the person agrees not to contravene the regulation or order; the regulation or order ceases to be in force; and the person pays any reasonable disconnection or reconnection fees required by the entity.\n(sec.154-ssec.3) However, despite the person’s agreement not to contravene the regulation or order, the electricity entity may refuse to reconnect supply if it is of the opinion that, because of the person’s previous conduct, the person will not comply with the agreement.\n- (a) whichever of the following happens first— (i) the person agrees not to contravene the regulation or order; (ii) the regulation or order ceases to be in force; and\n- (i) the person agrees not to contravene the regulation or order;\n- (ii) the regulation or order ceases to be in force; and\n- (b) the person pays any reasonable disconnection or reconnection fees required by the entity.\n- (i) the person agrees not to contravene the regulation or order;\n- (ii) the regulation or order ceases to be in force; and","sortOrder":779},{"sectionNumber":"sec.155","sectionType":"section","heading":null,"content":"### Section sec.155\n\ns 155 om 2002 No. 42 s 242 sch 1","sortOrder":780},{"sectionNumber":"sec.156","sectionType":"section","heading":null,"content":"### Section sec.156\n\ns 156 om 2002 No. 42 s 242 sch 1","sortOrder":781},{"sectionNumber":"sec.157","sectionType":"section","heading":null,"content":"### Section sec.157\n\ns 157 om 2002 No. 42 s 242 sch 1","sortOrder":782},{"sectionNumber":"sec.158","sectionType":"section","heading":null,"content":"### Section sec.158\n\ns 158 om 2002 No. 42 s 242 sch 1","sortOrder":783},{"sectionNumber":"sec.159","sectionType":"section","heading":null,"content":"### Section sec.159\n\ns 159 om 2002 No. 42 s 242 sch 1","sortOrder":784},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 om 2002 No. 42 s 242 sch 1","sortOrder":785},{"sectionNumber":"sec.161","sectionType":"section","heading":null,"content":"### Section sec.161\n\ns 161 om 2002 No. 42 s 242 sch 1","sortOrder":786},{"sectionNumber":"sec.162","sectionType":"section","heading":null,"content":"### Section sec.162\n\ns 162 om 2002 No. 42 s 242 sch 1","sortOrder":787},{"sectionNumber":"sec.163","sectionType":"section","heading":null,"content":"### Section sec.163\n\ns 163 om 2002 No. 42 s 242 sch 1","sortOrder":788},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":789},{"sectionNumber":"sec.164","sectionType":"section","heading":"Notice of damage by authorised persons","content":"### sec.164 Notice of damage by authorised persons\n\nThis section applies if an authorised person damages anything when exercising or purporting to exercise a power under this chapter.\nThe authorised person must immediately give written notice of the particulars of the damage to the person who appears to be the thing’s owner.\nHowever, if for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.\nIn this section—\nowner of a thing includes the person in possession or control of the thing.\n(sec.164-ssec.1) This section applies if an authorised person damages anything when exercising or purporting to exercise a power under this chapter.\n(sec.164-ssec.2) The authorised person must immediately give written notice of the particulars of the damage to the person who appears to be the thing’s owner.\n(sec.164-ssec.3) However, if for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.\n(sec.164-ssec.4) In this section— owner of a thing includes the person in possession or control of the thing.","sortOrder":790},{"sectionNumber":"sec.165","sectionType":"section","heading":"Compensation","content":"### sec.165 Compensation\n\nA person who incurs loss or expense because of the exercise or purported exercise of a power under this chapter by an authorised person may claim compensation against the State.\nCompensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of compensation; or\nfor an offence against this Act brought against the person making the claim for compensation.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.165-ssec.1) A person who incurs loss or expense because of the exercise or purported exercise of a power under this chapter by an authorised person may claim compensation against the State.\n(sec.165-ssec.2) Compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of compensation; or for an offence against this Act brought against the person making the claim for compensation.\n(sec.165-ssec.3) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.165-ssec.4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n- (a) brought in a court with jurisdiction for the recovery of compensation; or\n- (b) for an offence against this Act brought against the person making the claim for compensation.","sortOrder":791},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Generation authorities","content":"# Generation authorities","sortOrder":792},{"sectionNumber":"ch.9-pt.1-div.1","sectionType":"division","heading":"Issue of generation authority","content":"## Issue of generation authority","sortOrder":793},{"sectionNumber":"sec.178","sectionType":"section","heading":"Issue of generation authorities","content":"### sec.178 Issue of generation authorities\n\nThe regulator may issue a generation authority to a person.\nThe authority must state—\nthe generating plant that may be connected; and\nthe transmission grid or supply network to which it may be connected; and\nthe term of the authority.\nGenerating plant may be stated in the authority even though it has not been built when the authority is issued.\ns 178 amd 1997 No. 50 s 22 ; 2014 No. 48 s 79\n(sec.178-ssec.1) The regulator may issue a generation authority to a person.\n(sec.178-ssec.2) The authority must state— the generating plant that may be connected; and the transmission grid or supply network to which it may be connected; and the term of the authority.\n(sec.178-ssec.3) Generating plant may be stated in the authority even though it has not been built when the authority is issued.\n- (a) the generating plant that may be connected; and\n- (b) the transmission grid or supply network to which it may be connected; and\n- (c) the term of the authority.","sortOrder":794},{"sectionNumber":"sec.179","sectionType":"section","heading":"Application for generation authority","content":"### sec.179 Application for generation authority\n\nAn application for the issue of a generation authority must—\nbe made to the regulator in the form approved by the regulator; and\nstate—\nthe generating plant proposed to be connected; and\nthe transmission grid or supply network to which it is proposed to be connected; and\nbe accompanied by the fees prescribed under the regulations, including any fee for investigating whether the authority should be issued.\nIf asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\ns 179 amd 1997 No. 50 s 23 ; 2014 No. 48 s 80\n(sec.179-ssec.1) An application for the issue of a generation authority must— be made to the regulator in the form approved by the regulator; and state— the generating plant proposed to be connected; and the transmission grid or supply network to which it is proposed to be connected; and be accompanied by the fees prescribed under the regulations, including any fee for investigating whether the authority should be issued.\n(sec.179-ssec.2) If asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n- (a) be made to the regulator in the form approved by the regulator; and\n- (b) state— (i) the generating plant proposed to be connected; and (ii) the transmission grid or supply network to which it is proposed to be connected; and\n- (i) the generating plant proposed to be connected; and\n- (ii) the transmission grid or supply network to which it is proposed to be connected; and\n- (c) be accompanied by the fees prescribed under the regulations, including any fee for investigating whether the authority should be issued.\n- (i) the generating plant proposed to be connected; and\n- (ii) the transmission grid or supply network to which it is proposed to be connected; and","sortOrder":795},{"sectionNumber":"sec.179A","sectionType":"section","heading":"Publication about application for generation authority","content":"### sec.179A Publication about application for generation authority\n\nBefore issuing a generation authority the regulator must publish a notice in a Statewide newspaper—\nstating that an application for an authority has been made to the regulator by the person stated in the notice; and\ninviting interested persons to make submissions to the regulator about the application within the period and in the manner stated in the notice.\nThe regulator must consider the submissions made before issuing an authority.\ns 179A ins 1997 No. 77 s 47\namd 2006 No. 60 s 3 sch\n(sec.179A-ssec.1) Before issuing a generation authority the regulator must publish a notice in a Statewide newspaper— stating that an application for an authority has been made to the regulator by the person stated in the notice; and inviting interested persons to make submissions to the regulator about the application within the period and in the manner stated in the notice.\n(sec.179A-ssec.2) The regulator must consider the submissions made before issuing an authority.\n- (a) stating that an application for an authority has been made to the regulator by the person stated in the notice; and\n- (b) inviting interested persons to make submissions to the regulator about the application within the period and in the manner stated in the notice.","sortOrder":796},{"sectionNumber":"sec.180","sectionType":"section","heading":"Consideration of application for generation authority","content":"### sec.180 Consideration of application for generation authority\n\nThe regulator must consider an application for the issue of a generation authority and may issue, or refuse to issue, the authority.\nThe regulator may issue the authority only if satisfied—\nthe applicant will operate the generating plant stated in the application; and\nthe generating plant will be able to provide electricity of a quality suitable for the transmission grid or supply network stated in the application; and\nthe applicant is a suitable person to be a generation entity; and\nthe owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner; and\nthe applicant meets the additional criteria prescribed under the regulations; and\nthe social licence criteria prescribed by regulation are satisfied for the generating plant to be connected to a transmission grid or supply network under the authority.\nIn deciding whether the applicant is a suitable person to be a generation entity, or the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner, the regulator may consider—\nthe person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and\nany failure by the person to perform commercial or statutory obligations and the reasons for the failure; and\nthe person’s criminal history; and\nif the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and\nfor the applicant—the applicant’s competence to be the operator; and\nadditional matters prescribed under the regulations.\nA regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be the operator.\nA regulation may prescribe the matters the regulator must consider in deciding whether the social licence criteria prescribed by regulation are satisfied for generating plant, including, for example, whether the code of conduct under section 180A has been complied with.\nIn deciding whether to issue the authority, the regulator must consider—\nthe objects of this Act; and\nrelevant government policies about environmental and energy issues and the likely environmental effects of building and operating the generating plant; and\nadditional matters prescribed under the regulations.\nIn deciding whether to issue the authority, the regulator may consider matters prescribed under the regulations.\nIn deciding whether to issue the authority, the regulator must not consider matters prescribed by regulation.\nIn this section—\nsocial licence criteria , for generating plant, means criteria about the conduct or proposed conduct of persons involved in the development, building or operation of the generating plant relating to—\ncommunity and stakeholder engagement for the development, building or operation of the generating plant; or\nmitigating or addressing the impact of the development, building or operation of the generating plant on a community affected by the development, building or operation of the generating plant; or\nthe delivery of benefits of the development, building or operation of the generating plant to a community affected by the development, building or operation of the generating plant.\ns 180 amd 1997 No. 77 s 48 ; 2003 No. 28 s 12 ; 2024 No. 15 s 184A\n(sec.180-ssec.1) The regulator must consider an application for the issue of a generation authority and may issue, or refuse to issue, the authority.\n(sec.180-ssec.2) The regulator may issue the authority only if satisfied— the applicant will operate the generating plant stated in the application; and the generating plant will be able to provide electricity of a quality suitable for the transmission grid or supply network stated in the application; and the applicant is a suitable person to be a generation entity; and the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner; and the applicant meets the additional criteria prescribed under the regulations; and the social licence criteria prescribed by regulation are satisfied for the generating plant to be connected to a transmission grid or supply network under the authority.\n(sec.180-ssec.3) In deciding whether the applicant is a suitable person to be a generation entity, or the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner, the regulator may consider— the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and the person’s criminal history; and if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and for the applicant—the applicant’s competence to be the operator; and additional matters prescribed under the regulations.\n(sec.180-ssec.4) A regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be the operator.\n(sec.180-ssec.5) A regulation may prescribe the matters the regulator must consider in deciding whether the social licence criteria prescribed by regulation are satisfied for generating plant, including, for example, whether the code of conduct under section 180A has been complied with.\n(sec.180-ssec.6) In deciding whether to issue the authority, the regulator must consider— the objects of this Act; and relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the generating plant; and additional matters prescribed under the regulations.\n(sec.180-ssec.7) In deciding whether to issue the authority, the regulator may consider matters prescribed under the regulations.\n(sec.180-ssec.8) In deciding whether to issue the authority, the regulator must not consider matters prescribed by regulation.\n(sec.180-ssec.9) In this section— social licence criteria , for generating plant, means criteria about the conduct or proposed conduct of persons involved in the development, building or operation of the generating plant relating to— community and stakeholder engagement for the development, building or operation of the generating plant; or mitigating or addressing the impact of the development, building or operation of the generating plant on a community affected by the development, building or operation of the generating plant; or the delivery of benefits of the development, building or operation of the generating plant to a community affected by the development, building or operation of the generating plant.\n- (a) the applicant will operate the generating plant stated in the application; and\n- (b) the generating plant will be able to provide electricity of a quality suitable for the transmission grid or supply network stated in the application; and\n- (c) the applicant is a suitable person to be a generation entity; and\n- (d) the owner or proposed owner of the generating plant (whether or not the applicant) is a suitable person to be the owner; and\n- (e) the applicant meets the additional criteria prescribed under the regulations; and\n- (f) the social licence criteria prescribed by regulation are satisfied for the generating plant to be connected to a transmission grid or supply network under the authority.\n- (a) the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and\n- (b) any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and\n- (c) the person’s criminal history; and\n- (d) if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and\n- (e) for the applicant—the applicant’s competence to be the operator; and\n- (f) additional matters prescribed under the regulations.\n- (a) the objects of this Act; and\n- (b) relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the generating plant; and\n- (c) additional matters prescribed under the regulations.\n- (a) community and stakeholder engagement for the development, building or operation of the generating plant; or\n- (b) mitigating or addressing the impact of the development, building or operation of the generating plant on a community affected by the development, building or operation of the generating plant; or\n- (c) the delivery of benefits of the development, building or operation of the generating plant to a community affected by the development, building or operation of the generating plant.","sortOrder":797},{"sectionNumber":"sec.180A","sectionType":"section","heading":"Code of conduct for social licence criteria","content":"### sec.180A Code of conduct for social licence criteria\n\nThe Minister may make a code of conduct for persons involved in the development, building or operation of a generating plant for the purposes of the social licence criteria prescribed under section 180 (2) (f) .\nA code of conduct, or an amendment of a code of conduct, does not have effect unless it is approved by regulation.\nThe Minister must table a copy of a code of conduct, or an amendment of a code of conduct, with the regulation approving the code of conduct or amendment.\nA code of conduct, or an amendment of a code of conduct, takes effect—\non the day the regulation approving the code of conduct or amendment commences; or\nif the code or amendment states a later day—the later day.\nThe Minister must—\npublish a code of conduct in effect under this section on the department’s website; and\nmake the code of conduct available to the public in any other ways the Minister considers appropriate.\nIf a code of conduct is inconsistent with a regulation, the regulation prevails to the extent of the inconsistency.\nThe Minister must review a code of conduct at least once every 5 years.\ns 180A ins 2024 No. 15 s 184B\n(sec.180A-ssec.1) The Minister may make a code of conduct for persons involved in the development, building or operation of a generating plant for the purposes of the social licence criteria prescribed under section 180 (2) (f) .\n(sec.180A-ssec.2) A code of conduct, or an amendment of a code of conduct, does not have effect unless it is approved by regulation.\n(sec.180A-ssec.3) The Minister must table a copy of a code of conduct, or an amendment of a code of conduct, with the regulation approving the code of conduct or amendment.\n(sec.180A-ssec.4) A code of conduct, or an amendment of a code of conduct, takes effect— on the day the regulation approving the code of conduct or amendment commences; or if the code or amendment states a later day—the later day.\n(sec.180A-ssec.5) The Minister must— publish a code of conduct in effect under this section on the department’s website; and make the code of conduct available to the public in any other ways the Minister considers appropriate.\n(sec.180A-ssec.6) If a code of conduct is inconsistent with a regulation, the regulation prevails to the extent of the inconsistency.\n(sec.180A-ssec.7) The Minister must review a code of conduct at least once every 5 years.\n- (a) on the day the regulation approving the code of conduct or amendment commences; or\n- (b) if the code or amendment states a later day—the later day.\n- (a) publish a code of conduct in effect under this section on the department’s website; and\n- (b) make the code of conduct available to the public in any other ways the Minister considers appropriate.","sortOrder":798},{"sectionNumber":"sec.181","sectionType":"section","heading":"Notice of refusal to issue generation authority","content":"### sec.181 Notice of refusal to issue generation authority\n\nIf the regulator refuses to issue the generation authority sought by an applicant, the regulator must promptly give the applicant a written notice informing the applicant of the refusal, the reasons for the refusal and the applicant’s right to seek an internal review of the refusal.\ns 181 amd 2009 No. 24 s 430","sortOrder":799},{"sectionNumber":"ch.9-pt.1-div.2","sectionType":"division","heading":"Amendment of generation authority","content":"## Amendment of generation authority","sortOrder":800},{"sectionNumber":"sec.182","sectionType":"section","heading":"Amendment of generation authorities","content":"### sec.182 Amendment of generation authorities\n\nThe regulator may, with a generation entity’s agreement and after considering the objects of this Act, amend its generation authority.\ns 182 amd 2003 No. 28 s 13","sortOrder":801},{"sectionNumber":"sec.183","sectionType":"section","heading":"Amendment of conditions stated in generation authorities","content":"### sec.183 Amendment of conditions stated in generation authorities\n\nThe regulator may, with a generation entity’s agreement and after considering the objects of this Act, amend the conditions stated in its authority.\ns 183 amd 2003 No. 28 s 14","sortOrder":802},{"sectionNumber":"sec.183A","sectionType":"section","heading":"Amendment of generation authorities and conditions by notice to generation entity","content":"### sec.183A Amendment of generation authorities and conditions by notice to generation entity\n\nThe regulator may amend a generation authority or the conditions of a generation authority by notice under subsection (2) given to the holder of the authority.\nThe regulator may amend a generation authority or the conditions of a generation authority by a notice only if—\nthe regulator is satisfied the amendment is—\nnecessary having regard to the objects of this Act; or\nnecessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry, or reforms concerning the Queensland electricity supply industry; and\nthe regulator has given the holder of the authority an opportunity to make representations on the matter.\nThis section does not affect the power to amend under sections 182 and 183 .\ns 183A ins 1997 No. 77 s 49\namd 2005 No. 51 s 3 sch\n(sec.183A-ssec.1) The regulator may amend a generation authority or the conditions of a generation authority by notice under subsection (2) given to the holder of the authority.\n(sec.183A-ssec.2) The regulator may amend a generation authority or the conditions of a generation authority by a notice only if— the regulator is satisfied the amendment is— necessary having regard to the objects of this Act; or necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry, or reforms concerning the Queensland electricity supply industry; and the regulator has given the holder of the authority an opportunity to make representations on the matter.\n(sec.183A-ssec.3) This section does not affect the power to amend under sections 182 and 183 .\n- (a) the regulator is satisfied the amendment is— (i) necessary having regard to the objects of this Act; or (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry, or reforms concerning the Queensland electricity supply industry; and\n- (i) necessary having regard to the objects of this Act; or\n- (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry, or reforms concerning the Queensland electricity supply industry; and\n- (b) the regulator has given the holder of the authority an opportunity to make representations on the matter.\n- (i) necessary having regard to the objects of this Act; or\n- (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry, or reforms concerning the Queensland electricity supply industry; and","sortOrder":803},{"sectionNumber":"ch.9-pt.1-div.3","sectionType":"division","heading":"Transfer of authority","content":"## Transfer of authority","sortOrder":804},{"sectionNumber":"sec.184","sectionType":"section","heading":"Transfer of generation authorities","content":"### sec.184 Transfer of generation authorities\n\nThe regulator may transfer a generation authority.\ns 184 sub 2003 No. 28 s 15","sortOrder":805},{"sectionNumber":"sec.184A","sectionType":"section","heading":"Application for transfer","content":"### sec.184A Application for transfer\n\nAn application for the transfer of a generation authority must—\nbe made to the regulator in the form approved by the regulator; and\nbe accompanied by the fee prescribed under a regulation.\nIf asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\ns 184A ins 2003 No. 28 s 15\n(sec.184A-ssec.1) An application for the transfer of a generation authority must— be made to the regulator in the form approved by the regulator; and be accompanied by the fee prescribed under a regulation.\n(sec.184A-ssec.2) If asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n- (a) be made to the regulator in the form approved by the regulator; and\n- (b) be accompanied by the fee prescribed under a regulation.","sortOrder":806},{"sectionNumber":"sec.184B","sectionType":"section","heading":"Consideration of application for transfer","content":"### sec.184B Consideration of application for transfer\n\nThe regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the generation authority.\nHowever, the regulator may transfer the authority only if satisfied—\nthe proposed transferee will operate the generating plant to which the authority relates; and\nthe proposed transferee is a suitable person to be a generation entity; and\nthe proposed transferee meets the additional criteria prescribed under a regulation; and\nthe social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates.\nIn deciding whether the proposed transferee is a suitable person to be a generation entity, the regulator may consider the matters mentioned in section 180 (3) as if the proposed transferee were applying for the issue of the authority.\nIn deciding whether the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates, the regulator must consider the matters prescribed under section 180 (5) .\ns 184B ins 2003 No. 28 s 15\namd 2024 No. 15 s 184C\n(sec.184B-ssec.1) The regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the generation authority.\n(sec.184B-ssec.2) However, the regulator may transfer the authority only if satisfied— the proposed transferee will operate the generating plant to which the authority relates; and the proposed transferee is a suitable person to be a generation entity; and the proposed transferee meets the additional criteria prescribed under a regulation; and the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates.\n(sec.184B-ssec.3) In deciding whether the proposed transferee is a suitable person to be a generation entity, the regulator may consider the matters mentioned in section 180 (3) as if the proposed transferee were applying for the issue of the authority.\n(sec.184B-ssec.4) In deciding whether the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates, the regulator must consider the matters prescribed under section 180 (5) .\n- (a) the proposed transferee will operate the generating plant to which the authority relates; and\n- (b) the proposed transferee is a suitable person to be a generation entity; and\n- (c) the proposed transferee meets the additional criteria prescribed under a regulation; and\n- (d) the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the authority relates.","sortOrder":807},{"sectionNumber":"sec.184C","sectionType":"section","heading":"Notice of refusal to transfer generation authority","content":"### sec.184C Notice of refusal to transfer generation authority\n\nAs soon as practicable after deciding to refuse to transfer the generation authority, the regulator must give the applicant a written notice informing the applicant of the refusal, the reasons for the refusal and the applicant’s right to seek an internal review of the refusal.\ns 184C ins 2003 No. 28 s 15\namd 2009 No. 24 s 431","sortOrder":808},{"sectionNumber":"ch.9-pt.1-div.4","sectionType":"division","heading":"Surrender of generation authority","content":"## Surrender of generation authority","sortOrder":809},{"sectionNumber":"sec.185","sectionType":"section","heading":"Surrender of generation authorities","content":"### sec.185 Surrender of generation authorities\n\nA generation entity may surrender its authority by giving the regulator written notice of surrender.\nThe notice must be given to the regulator at least—\n6 months before it is to take effect; or\nif the authority requires a longer period of notice—the required period of notice before it is to take effect.\nHowever, the regulator may agree to a shorter period of notice in a particular case.\n(sec.185-ssec.1) A generation entity may surrender its authority by giving the regulator written notice of surrender.\n(sec.185-ssec.2) The notice must be given to the regulator at least— 6 months before it is to take effect; or if the authority requires a longer period of notice—the required period of notice before it is to take effect.\n(sec.185-ssec.3) However, the regulator may agree to a shorter period of notice in a particular case.\n- (a) 6 months before it is to take effect; or\n- (b) if the authority requires a longer period of notice—the required period of notice before it is to take effect.","sortOrder":810},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Transmission authorities","content":"# Transmission authorities","sortOrder":811},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Issue of transmission authority","content":"## Issue of transmission authority","sortOrder":812},{"sectionNumber":"sec.186","sectionType":"section","heading":"Issue of transmission authorities","content":"### sec.186 Issue of transmission authorities\n\nThe regulator may issue a transmission authority to a person.\nThe authority must state—\nthe transmission grid that may be operated; and\nif it may be connected to another transmission grid—the other transmission grid to which it may be connected; and\nthe term of the authority.\nA transmission grid may be stated in the authority even though it has not been built when the authority is issued.\nThe authority may, but need not, state—\nthe precise limits of the transmission grid; or\nthat the transmission grid is to operate in a stated area.\nThe transmission grid mentioned in subsection (2) (b) may be a transmission grid outside the State.\n(sec.186-ssec.1) The regulator may issue a transmission authority to a person.\n(sec.186-ssec.2) The authority must state— the transmission grid that may be operated; and if it may be connected to another transmission grid—the other transmission grid to which it may be connected; and the term of the authority.\n(sec.186-ssec.3) A transmission grid may be stated in the authority even though it has not been built when the authority is issued.\n(sec.186-ssec.4) The authority may, but need not, state— the precise limits of the transmission grid; or that the transmission grid is to operate in a stated area.\n(sec.186-ssec.5) The transmission grid mentioned in subsection (2) (b) may be a transmission grid outside the State.\n- (a) the transmission grid that may be operated; and\n- (b) if it may be connected to another transmission grid—the other transmission grid to which it may be connected; and\n- (c) the term of the authority.\n- (a) the precise limits of the transmission grid; or\n- (b) that the transmission grid is to operate in a stated area.","sortOrder":813},{"sectionNumber":"sec.187","sectionType":"section","heading":"Transmission authorities for same area","content":"### sec.187 Transmission authorities for same area\n\nThe regulator may issue 2 or more transmission authorities for the same area.","sortOrder":814},{"sectionNumber":"sec.188","sectionType":"section","heading":"Application for transmission authority","content":"### sec.188 Application for transmission authority\n\nAn application for the issue of a transmission authority must—\nbe made to the regulator in the form approved by the regulator; and\nstate—\nthe transmission grid proposed to be operated; and\nif it is proposed the transmission grid be connected to another transmission grid—the transmission grid to which it is proposed to be connected; and\nbe accompanied by the fees prescribed under the regulations, including any fee for investigating whether the authority should be issued.\nIf asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n(sec.188-ssec.1) An application for the issue of a transmission authority must— be made to the regulator in the form approved by the regulator; and state— the transmission grid proposed to be operated; and if it is proposed the transmission grid be connected to another transmission grid—the transmission grid to which it is proposed to be connected; and be accompanied by the fees prescribed under the regulations, including any fee for investigating whether the authority should be issued.\n(sec.188-ssec.2) If asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n- (a) be made to the regulator in the form approved by the regulator; and\n- (b) state— (i) the transmission grid proposed to be operated; and (ii) if it is proposed the transmission grid be connected to another transmission grid—the transmission grid to which it is proposed to be connected; and\n- (i) the transmission grid proposed to be operated; and\n- (ii) if it is proposed the transmission grid be connected to another transmission grid—the transmission grid to which it is proposed to be connected; and\n- (c) be accompanied by the fees prescribed under the regulations, including any fee for investigating whether the authority should be issued.\n- (i) the transmission grid proposed to be operated; and\n- (ii) if it is proposed the transmission grid be connected to another transmission grid—the transmission grid to which it is proposed to be connected; and","sortOrder":815},{"sectionNumber":"sec.188A","sectionType":"section","heading":"Publication about application for transmission authority","content":"### sec.188A Publication about application for transmission authority\n\nBefore issuing a transmission authority the regulator must publish a notice in a Statewide newspaper—\nstating that an application for an authority has been made to the regulator by the person stated in the notice; and\ninviting interested persons to make submissions to the regulator about the application within the period and in the manner stated in the notice.\nThe regulator must consider the submissions made before issuing an authority.\ns 188A ins 1997 No. 77 s 50\namd 2006 No. 60 s 3 sch\n(sec.188A-ssec.1) Before issuing a transmission authority the regulator must publish a notice in a Statewide newspaper— stating that an application for an authority has been made to the regulator by the person stated in the notice; and inviting interested persons to make submissions to the regulator about the application within the period and in the manner stated in the notice.\n(sec.188A-ssec.2) The regulator must consider the submissions made before issuing an authority.\n- (a) stating that an application for an authority has been made to the regulator by the person stated in the notice; and\n- (b) inviting interested persons to make submissions to the regulator about the application within the period and in the manner stated in the notice.","sortOrder":816},{"sectionNumber":"sec.189","sectionType":"section","heading":"Consideration of application for authority","content":"### sec.189 Consideration of application for authority\n\nThe regulator must consider an application for the issue of a transmission authority and may issue, or refuse to issue, the authority.\nThe regulator may issue the authority only if satisfied—\nthe applicant is operating, or will operate, the transmission grid stated in the application; and\nthe transmission grid has, or will have, the technical capabilities to provide for transmission of electricity of a quality likely to be needed to be transmitted through the transmission grid and the proposed transmission of electricity is, or will be, adequate, safe and reliable; and\nthe applicant is a suitable person to be a transmission entity; and\nthe owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner; and\nthe applicant meets the additional criteria prescribed under the regulations.\nIn deciding whether the applicant is a suitable person to be a transmission entity, or the owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner, the regulator may consider—\nthe person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and\nany failure by the person to perform commercial or statutory obligations and the reasons for the failure; and\nthe person’s criminal history; and\nif the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and\nfor the applicant—the applicant’s competence to be the operator; and\nadditional matters prescribed under the regulations.\nA regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be the operator.\nIn deciding whether to issue the authority, the regulator must consider—\nthe objects of this Act; and\nrelevant government policies about environmental and energy issues and the likely environmental effects of building and operating the transmission grid; and\nadditional matters prescribed under the regulations.\nIn deciding whether to issue the authority, the regulator must not consider the matters prescribed by regulation.\ns 189 amd 1997 No. 77 s 51 ; 2003 No. 28 s 16\n(sec.189-ssec.1) The regulator must consider an application for the issue of a transmission authority and may issue, or refuse to issue, the authority.\n(sec.189-ssec.2) The regulator may issue the authority only if satisfied— the applicant is operating, or will operate, the transmission grid stated in the application; and the transmission grid has, or will have, the technical capabilities to provide for transmission of electricity of a quality likely to be needed to be transmitted through the transmission grid and the proposed transmission of electricity is, or will be, adequate, safe and reliable; and the applicant is a suitable person to be a transmission entity; and the owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner; and the applicant meets the additional criteria prescribed under the regulations.\n(sec.189-ssec.3) In deciding whether the applicant is a suitable person to be a transmission entity, or the owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner, the regulator may consider— the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and the person’s criminal history; and if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and for the applicant—the applicant’s competence to be the operator; and additional matters prescribed under the regulations.\n(sec.189-ssec.4) A regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be the operator.\n(sec.189-ssec.5) In deciding whether to issue the authority, the regulator must consider— the objects of this Act; and relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the transmission grid; and additional matters prescribed under the regulations.\n(sec.189-ssec.6) In deciding whether to issue the authority, the regulator must not consider the matters prescribed by regulation.\n- (a) the applicant is operating, or will operate, the transmission grid stated in the application; and\n- (b) the transmission grid has, or will have, the technical capabilities to provide for transmission of electricity of a quality likely to be needed to be transmitted through the transmission grid and the proposed transmission of electricity is, or will be, adequate, safe and reliable; and\n- (c) the applicant is a suitable person to be a transmission entity; and\n- (d) the owner or proposed owner of the transmission grid (whether or not the applicant) is a suitable person to be the owner; and\n- (e) the applicant meets the additional criteria prescribed under the regulations.\n- (a) the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and\n- (b) any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and\n- (c) the person’s criminal history; and\n- (d) if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and\n- (e) for the applicant—the applicant’s competence to be the operator; and\n- (f) additional matters prescribed under the regulations.\n- (a) the objects of this Act; and\n- (b) relevant government policies about environmental and energy issues and the likely environmental effects of building and operating the transmission grid; and\n- (c) additional matters prescribed under the regulations.","sortOrder":817},{"sectionNumber":"sec.190","sectionType":"section","heading":"Notice of refusal to issue transmission authority","content":"### sec.190 Notice of refusal to issue transmission authority\n\nIf the regulator refuses to issue the transmission authority sought by an applicant, the regulator must promptly give the applicant a written notice informing the applicant of the refusal, the reasons for the refusal and the applicant’s right to seek an internal review of the refusal.\ns 190 amd 2009 No. 24 s 432","sortOrder":818},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Amendment of transmission authority","content":"## Amendment of transmission authority","sortOrder":819},{"sectionNumber":"sec.191","sectionType":"section","heading":"Amendment of transmission authorities","content":"### sec.191 Amendment of transmission authorities\n\nThe regulator may, with a transmission entity’s agreement and after considering the objects of this Act, amend its authority—\nto change the transmission grid that may be operated under the authority; or\nto authorise connection to a transmission grid; or\nto change a transmission grid to which connection may be made.\ns 191 amd 2003 No. 28 s 17\n- (a) to change the transmission grid that may be operated under the authority; or\n- (b) to authorise connection to a transmission grid; or\n- (c) to change a transmission grid to which connection may be made.","sortOrder":820},{"sectionNumber":"sec.192","sectionType":"section","heading":"Amendment of conditions stated in transmission authorities","content":"### sec.192 Amendment of conditions stated in transmission authorities\n\nThe regulator may, with a transmission entity’s agreement and after considering the objects of this Act, amend the conditions stated in its authority.\ns 192 amd 2003 No. 28 s 18","sortOrder":821},{"sectionNumber":"sec.192A","sectionType":"section","heading":"Amendment of transmission authorities and conditions by notice to transmission entity","content":"### sec.192A Amendment of transmission authorities and conditions by notice to transmission entity\n\nThe regulator may amend a transmission authority or the conditions of a transmission authority by notice under subsection (2) given to the holder of the authority.\nThe regulator may amend a transmission authority or the conditions of a transmission authority by a notice only if—\nthe regulator is satisfied the amendment is—\nnecessary having regard to the objects of this Act; or\nnecessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms in relation to the Queensland electricity supply industry; and\nthe regulator has given the holder of the authority an opportunity to make representations on the matter.\nThis section does not affect the power to amend under sections 191 and 192 .\ns 192A ins 1997 No. 77 s 52\namd 2005 No. 51 s 3 sch\n(sec.192A-ssec.1) The regulator may amend a transmission authority or the conditions of a transmission authority by notice under subsection (2) given to the holder of the authority.\n(sec.192A-ssec.2) The regulator may amend a transmission authority or the conditions of a transmission authority by a notice only if— the regulator is satisfied the amendment is— necessary having regard to the objects of this Act; or necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms in relation to the Queensland electricity supply industry; and the regulator has given the holder of the authority an opportunity to make representations on the matter.\n(sec.192A-ssec.3) This section does not affect the power to amend under sections 191 and 192 .\n- (a) the regulator is satisfied the amendment is— (i) necessary having regard to the objects of this Act; or (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms in relation to the Queensland electricity supply industry; and\n- (i) necessary having regard to the objects of this Act; or\n- (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms in relation to the Queensland electricity supply industry; and\n- (b) the regulator has given the holder of the authority an opportunity to make representations on the matter.\n- (i) necessary having regard to the objects of this Act; or\n- (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms in relation to the Queensland electricity supply industry; and","sortOrder":822},{"sectionNumber":"ch.9-pt.2-div.3","sectionType":"division","heading":"Transfer of authority","content":"## Transfer of authority","sortOrder":823},{"sectionNumber":"sec.193","sectionType":"section","heading":"Transfer of transmission authorities","content":"### sec.193 Transfer of transmission authorities\n\nThe regulator may transfer a transmission authority.\ns 193 sub 2003 No. 28 s 19","sortOrder":824},{"sectionNumber":"sec.193A","sectionType":"section","heading":"Application for transfer","content":"### sec.193A Application for transfer\n\nAn application for the transfer of a transmission authority must—\nbe made to the regulator in the form approved by the regulator; and\nbe accompanied by the fee prescribed under a regulation.\nIf asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\ns 193A ins 2003 No. 28 s 19\n(sec.193A-ssec.1) An application for the transfer of a transmission authority must— be made to the regulator in the form approved by the regulator; and be accompanied by the fee prescribed under a regulation.\n(sec.193A-ssec.2) If asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n- (a) be made to the regulator in the form approved by the regulator; and\n- (b) be accompanied by the fee prescribed under a regulation.","sortOrder":825},{"sectionNumber":"sec.193B","sectionType":"section","heading":"Consideration of application for transfer","content":"### sec.193B Consideration of application for transfer\n\nThe regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the transmission authority.\nHowever, the regulator may transfer the authority only if satisfied—\nthe proposed transferee will operate the transmission grid to which the authority relates; and\nthe proposed transferee is a suitable person to be a transmission entity; and\nthe proposed transferee meets the additional criteria prescribed under a regulation.\nIn deciding whether the proposed transferee is a suitable person to be a transmission entity, the regulator may consider the matters mentioned in section 189 (3) as if the proposed transferee were applying for the issue of the authority.\ns 193B ins 2003 No. 28 s 19\n(sec.193B-ssec.1) The regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the transmission authority.\n(sec.193B-ssec.2) However, the regulator may transfer the authority only if satisfied— the proposed transferee will operate the transmission grid to which the authority relates; and the proposed transferee is a suitable person to be a transmission entity; and the proposed transferee meets the additional criteria prescribed under a regulation.\n(sec.193B-ssec.3) In deciding whether the proposed transferee is a suitable person to be a transmission entity, the regulator may consider the matters mentioned in section 189 (3) as if the proposed transferee were applying for the issue of the authority.\n- (a) the proposed transferee will operate the transmission grid to which the authority relates; and\n- (b) the proposed transferee is a suitable person to be a transmission entity; and\n- (c) the proposed transferee meets the additional criteria prescribed under a regulation.","sortOrder":826},{"sectionNumber":"sec.193C","sectionType":"section","heading":"Notice of refusal to transfer transmission authority","content":"### sec.193C Notice of refusal to transfer transmission authority\n\nAs soon as practicable after deciding to refuse to transfer the transmission authority, the regulator must give the applicant a written notice informing the applicant of the refusal, the reasons for the refusal and the applicant’s right to seek an internal review of the refusal.\ns 193C ins 2003 No. 28 s 19\namd 2009 No. 24 s 433","sortOrder":827},{"sectionNumber":"ch.9-pt.2-div.4","sectionType":"division","heading":"Surrender of transmission authority","content":"## Surrender of transmission authority","sortOrder":828},{"sectionNumber":"sec.194","sectionType":"section","heading":"Surrender of transmission authorities","content":"### sec.194 Surrender of transmission authorities\n\nA transmission entity may surrender its authority by giving the regulator written notice of surrender.\nThe notice must be given to the regulator at least—\n6 months before it is to take effect; or\nif the authority requires a longer period of notice—the required period of notice before it is to take effect.\nHowever, the regulator may agree to a shorter period of notice in a particular case.\n(sec.194-ssec.1) A transmission entity may surrender its authority by giving the regulator written notice of surrender.\n(sec.194-ssec.2) The notice must be given to the regulator at least— 6 months before it is to take effect; or if the authority requires a longer period of notice—the required period of notice before it is to take effect.\n(sec.194-ssec.3) However, the regulator may agree to a shorter period of notice in a particular case.\n- (a) 6 months before it is to take effect; or\n- (b) if the authority requires a longer period of notice—the required period of notice before it is to take effect.","sortOrder":829},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Distribution authorities","content":"# Distribution authorities","sortOrder":830},{"sectionNumber":"ch.9-pt.3-div.1","sectionType":"division","heading":"Issue of distribution authority","content":"## Issue of distribution authority","sortOrder":831},{"sectionNumber":"sec.195","sectionType":"section","heading":"Issue of distribution authorities","content":"### sec.195 Issue of distribution authorities\n\nThe regulator may issue a distribution authority to a person.\nThe authority may state the term of the authority.\ns 195 sub 1997 No. 26 s 42\n(sec.195-ssec.1) The regulator may issue a distribution authority to a person.\n(sec.195-ssec.2) The authority may state the term of the authority.","sortOrder":832},{"sectionNumber":"sec.195A","sectionType":"section","heading":"Distribution authorities for same distribution area","content":"### sec.195A Distribution authorities for same distribution area\n\nThe regulator may issue 2 or more distribution authorities for the same distribution area.\ns 195A ins 1997 No. 77 s 53","sortOrder":833},{"sectionNumber":"sec.196","sectionType":"section","heading":"Application for authority","content":"### sec.196 Application for authority\n\nAn application for the issue of a distribution authority must—\nbe made to the regulator in the form approved by the regulator; and\nstate the proposed distribution area; and\nbe accompanied by the fees prescribed under the regulations, including any fee for investigating whether the authority should be issued.\nIf asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\ns 196 amd 1997 No. 26 s 43\n(sec.196-ssec.1) An application for the issue of a distribution authority must— be made to the regulator in the form approved by the regulator; and state the proposed distribution area; and be accompanied by the fees prescribed under the regulations, including any fee for investigating whether the authority should be issued.\n(sec.196-ssec.2) If asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n- (a) be made to the regulator in the form approved by the regulator; and\n- (b) state the proposed distribution area; and\n- (c) be accompanied by the fees prescribed under the regulations, including any fee for investigating whether the authority should be issued.","sortOrder":834},{"sectionNumber":"sec.196A","sectionType":"section","heading":"Publication about application for distribution authority","content":"### sec.196A Publication about application for distribution authority\n\nBefore issuing a distribution authority the regulator must publish a notice in a Statewide newspaper—\nstating that an application for an authority has been made to the regulator by the person stated in the notice; and\ninviting interested persons to make submissions to the regulator about the application within the period and in the manner stated in the notice.\nThe regulator must consider the submissions made before issuing an authority.\ns 196A ins 1997 No. 77 s 54\namd 2006 No. 60 s 3 sch\n(sec.196A-ssec.1) Before issuing a distribution authority the regulator must publish a notice in a Statewide newspaper— stating that an application for an authority has been made to the regulator by the person stated in the notice; and inviting interested persons to make submissions to the regulator about the application within the period and in the manner stated in the notice.\n(sec.196A-ssec.2) The regulator must consider the submissions made before issuing an authority.\n- (a) stating that an application for an authority has been made to the regulator by the person stated in the notice; and\n- (b) inviting interested persons to make submissions to the regulator about the application within the period and in the manner stated in the notice.","sortOrder":835},{"sectionNumber":"sec.197","sectionType":"section","heading":"Consideration of application for authority","content":"### sec.197 Consideration of application for authority\n\nThe regulator must consider an application for the issue of a distribution authority and may give, or refuse to give, the authority.\nThe regulator may issue the authority only if satisfied—\nthe applicant is operating, or will operate, the supply network stated in the application; and\nthe applicant is a suitable person to be a distribution entity; and\nthe owner or proposed owner of the supply network (whether or not the applicant) is a suitable person to be the owner; and\nthe applicant meets the additional criteria prescribed under the regulations.\nIn deciding whether the applicant is a suitable person to be a distribution entity, or the owner or proposed owner of the supply network (whether or not the applicant) is a suitable person to be the owner, the regulator may consider—\nthe person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and\nany failure by the person to perform commercial or statutory obligations and the reasons for the failure; and\nthe person’s criminal history; and\nif the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and\nfor the applicant—the applicant’s competence to be a distribution entity; and\nadditional matters prescribed under the regulations.\nA regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be a distribution entity.\nIn deciding whether to issue the authority, the regulator must consider—\nthe objects of this Act; and\nrelevant government policies about environmental and energy issues and the likely environmental effects of the activities proposed to be done under the authority; and\nadditional matters prescribed under the regulations.\nIn deciding whether to issue the authority, the regulator may consider additional matters prescribed under the regulations.\nIn deciding whether to issue the authority, the regulator must not consider matters prescribed by regulation.\ns 197 amd 1997 No. 26 s 44 ; 1997 No. 77 s 55 ; 2003 No. 28 s 20\n(sec.197-ssec.1) The regulator must consider an application for the issue of a distribution authority and may give, or refuse to give, the authority.\n(sec.197-ssec.2) The regulator may issue the authority only if satisfied— the applicant is operating, or will operate, the supply network stated in the application; and the applicant is a suitable person to be a distribution entity; and the owner or proposed owner of the supply network (whether or not the applicant) is a suitable person to be the owner; and the applicant meets the additional criteria prescribed under the regulations.\n(sec.197-ssec.3) In deciding whether the applicant is a suitable person to be a distribution entity, or the owner or proposed owner of the supply network (whether or not the applicant) is a suitable person to be the owner, the regulator may consider— the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and the person’s criminal history; and if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and for the applicant—the applicant’s competence to be a distribution entity; and additional matters prescribed under the regulations.\n(sec.197-ssec.4) A regulation may prescribe matters the regulator must or may consider in deciding the applicant’s competence to be a distribution entity.\n(sec.197-ssec.5) In deciding whether to issue the authority, the regulator must consider— the objects of this Act; and relevant government policies about environmental and energy issues and the likely environmental effects of the activities proposed to be done under the authority; and additional matters prescribed under the regulations.\n(sec.197-ssec.6) In deciding whether to issue the authority, the regulator may consider additional matters prescribed under the regulations.\n(sec.197-ssec.7) In deciding whether to issue the authority, the regulator must not consider matters prescribed by regulation.\n- (a) the applicant is operating, or will operate, the supply network stated in the application; and\n- (b) the applicant is a suitable person to be a distribution entity; and\n- (c) the owner or proposed owner of the supply network (whether or not the applicant) is a suitable person to be the owner; and\n- (d) the applicant meets the additional criteria prescribed under the regulations.\n- (a) the person’s previous commercial and other dealings and the standard of honesty and integrity shown in the dealings; and\n- (b) any failure by the person to perform commercial or statutory obligations and the reasons for the failure; and\n- (c) the person’s criminal history; and\n- (d) if the person is a corporation—the matters mentioned in paragraphs (a) to (c) for persons who are shareholders, directors or holders of other interests in the corporation; and\n- (e) for the applicant—the applicant’s competence to be a distribution entity; and\n- (f) additional matters prescribed under the regulations.\n- (a) the objects of this Act; and\n- (b) relevant government policies about environmental and energy issues and the likely environmental effects of the activities proposed to be done under the authority; and\n- (c) additional matters prescribed under the regulations.","sortOrder":836},{"sectionNumber":"sec.198","sectionType":"section","heading":"Notice of refusal to issue authority","content":"### sec.198 Notice of refusal to issue authority\n\nIf the regulator refuses to issue a distribution authority sought by an applicant, the regulator must promptly give the applicant a written notice informing the applicant of the refusal, the reasons for the refusal and the applicant’s right to seek an internal review of the refusal.\ns 198 amd 1997 No. 26 s 45 ; 2009 No. 24 s 434","sortOrder":837},{"sectionNumber":"ch.9-pt.3-div.2","sectionType":"division","heading":"Amendment of distribution authority","content":"## Amendment of distribution authority","sortOrder":838},{"sectionNumber":"sec.199","sectionType":"section","heading":"Amendment of distribution authorities","content":"### sec.199 Amendment of distribution authorities\n\nThe regulator may, with a distribution entity’s agreement and after considering the objects of this Act, amend its distribution authority.\ns 199 sub 1997 No. 26 s 46\namd 2003 No. 28 s 21","sortOrder":839},{"sectionNumber":"sec.200","sectionType":"section","heading":"Amendment of conditions stated in distribution authorities","content":"### sec.200 Amendment of conditions stated in distribution authorities\n\nThe regulator may, with a distribution entity’s agreement and after considering the objects of this Act, amend the conditions stated in its authority.\ns 200 sub 1997 No. 26 s 47\namd 2003 No. 28 s 22","sortOrder":840},{"sectionNumber":"sec.200A","sectionType":"section","heading":"Amendment of distribution authorities and conditions by notice to distribution entity","content":"### sec.200A Amendment of distribution authorities and conditions by notice to distribution entity\n\nThe regulator may amend a distribution authority or the conditions of a distribution authority by notice under subsection (2) given to the holder of the authority.\nThe regulator may amend a distribution authority or the conditions of a distribution authority by a notice only if—\nthe regulator is satisfied the amendment is—\nnecessary having regard to the objects of this Act; or\nnecessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and\nthe regulator has given the holder of the authority an opportunity to make representations on the matter.\nThis section does not affect the power to amend under sections 199 and 200 .\ns 200A ins 1997 No. 77 s 56\namd 2005 No. 51 s 3 sch\n(sec.200A-ssec.1) The regulator may amend a distribution authority or the conditions of a distribution authority by notice under subsection (2) given to the holder of the authority.\n(sec.200A-ssec.2) The regulator may amend a distribution authority or the conditions of a distribution authority by a notice only if— the regulator is satisfied the amendment is— necessary having regard to the objects of this Act; or necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and the regulator has given the holder of the authority an opportunity to make representations on the matter.\n(sec.200A-ssec.3) This section does not affect the power to amend under sections 199 and 200 .\n- (a) the regulator is satisfied the amendment is— (i) necessary having regard to the objects of this Act; or (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and\n- (i) necessary having regard to the objects of this Act; or\n- (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and\n- (b) the regulator has given the holder of the authority an opportunity to make representations on the matter.\n- (i) necessary having regard to the objects of this Act; or\n- (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and","sortOrder":841},{"sectionNumber":"ch.9-pt.3-div.3","sectionType":"division","heading":"Transfer of authority","content":"## Transfer of authority","sortOrder":842},{"sectionNumber":"sec.201","sectionType":"section","heading":"Transfer of distribution authorities","content":"### sec.201 Transfer of distribution authorities\n\nThe regulator may transfer a distribution authority.\ns 201 sub 1997 No. 26 s 48 ; 2003 No. 28 s 23","sortOrder":843},{"sectionNumber":"sec.201A","sectionType":"section","heading":"Application for transfer","content":"### sec.201A Application for transfer\n\nAn application for the transfer of a distribution authority must—\nbe made to the regulator in the form approved by the regulator; and\nbe accompanied by the fee prescribed under a regulation.\nIf asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\ns 201A ins 2003 No. 28 s 23\n(sec.201A-ssec.1) An application for the transfer of a distribution authority must— be made to the regulator in the form approved by the regulator; and be accompanied by the fee prescribed under a regulation.\n(sec.201A-ssec.2) If asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n- (a) be made to the regulator in the form approved by the regulator; and\n- (b) be accompanied by the fee prescribed under a regulation.","sortOrder":844},{"sectionNumber":"sec.201B","sectionType":"section","heading":"Consideration of application for transfer","content":"### sec.201B Consideration of application for transfer\n\nThe regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the distribution authority.\nHowever, the regulator may transfer the authority only if satisfied—\nthe proposed transferee will operate the supply network to which the authority relates; and\nthe proposed transferee is a suitable person to be a distribution entity; and\nthe proposed transferee meets the additional criteria prescribed under a regulation.\nIn deciding whether the proposed transferee is a suitable person to be a distribution entity, the regulator may consider the matters mentioned in section 197 (3) as if the proposed transferee were applying for the issue of the authority.\ns 201B ins 2003 No. 28 s 23\n(sec.201B-ssec.1) The regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the distribution authority.\n(sec.201B-ssec.2) However, the regulator may transfer the authority only if satisfied— the proposed transferee will operate the supply network to which the authority relates; and the proposed transferee is a suitable person to be a distribution entity; and the proposed transferee meets the additional criteria prescribed under a regulation.\n(sec.201B-ssec.3) In deciding whether the proposed transferee is a suitable person to be a distribution entity, the regulator may consider the matters mentioned in section 197 (3) as if the proposed transferee were applying for the issue of the authority.\n- (a) the proposed transferee will operate the supply network to which the authority relates; and\n- (b) the proposed transferee is a suitable person to be a distribution entity; and\n- (c) the proposed transferee meets the additional criteria prescribed under a regulation.","sortOrder":845},{"sectionNumber":"sec.201C","sectionType":"section","heading":"Notice of refusal to transfer distribution authority","content":"### sec.201C Notice of refusal to transfer distribution authority\n\nAs soon as practicable after deciding to refuse to transfer the distribution authority, the regulator must give the applicant a written notice informing the applicant of the refusal, the reasons for the refusal and the applicant’s right to seek an internal review of the refusal.\ns 201C ins 2003 No. 28 s 23\namd 2009 No. 24 s 435","sortOrder":846},{"sectionNumber":"ch.9-pt.3-div.4","sectionType":"division","heading":"Surrender of distribution authority","content":"## Surrender of distribution authority","sortOrder":847},{"sectionNumber":"sec.202","sectionType":"section","heading":"Surrender of distribution authorities","content":"### sec.202 Surrender of distribution authorities\n\nA distribution entity may surrender its authority only with the regulator’s agreement.\ns 202 sub 1997 No. 26 s 49","sortOrder":848},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":849},{"sectionNumber":"ch.9-pt.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":850},{"sectionNumber":"sec.203","sectionType":"section","heading":null,"content":"### Section sec.203\n\ns 203 sub 1997 No. 26 s 50\namd 1997 No. 77 s 57 ; 2006 No. 60 s 35\nom 2014 No. 48 s 81","sortOrder":851},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 sub 1997 No. 26 s 50\namd 1997 No. 77 s 58 ; 2006 No. 60 s 36\nom 2014 No. 48 s 81","sortOrder":852},{"sectionNumber":"sec.204A","sectionType":"section","heading":null,"content":"### Section sec.204A\n\ns 204A ins 1997 No. 77 s 59\namd 2006 No. 60 s 3 sch\nom 2014 No. 48 s 81","sortOrder":853},{"sectionNumber":"sec.205","sectionType":"section","heading":null,"content":"### Section sec.205\n\ns 205 sub 1997 No. 26 s 50\namd 1997 No. 77 s 60 ; 2003 No. 28 s 24 ; 2005 No. 51 s 3 sch\nom 2014 No. 48 s 81","sortOrder":854},{"sectionNumber":"sec.206","sectionType":"section","heading":null,"content":"### Section sec.206\n\ns 206 sub 1997 No. 26 s 50\namd 2009 No. 24 s 436\nom 2014 No. 48 s 81","sortOrder":855},{"sectionNumber":"ch.9-pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":856},{"sectionNumber":"sec.207","sectionType":"section","heading":null,"content":"### Section sec.207\n\ns 207 sub 1997 No. 26 s 50\namd 2003 No. 28 s 25\nom 2014 No. 48 s 81","sortOrder":857},{"sectionNumber":"sec.207A","sectionType":"section","heading":null,"content":"### Section sec.207A\n\ns 207A ins 1997 No. 26 s 50\namd 2003 No. 28 s 26\nom 2014 No. 48 s 81","sortOrder":858},{"sectionNumber":"sec.207AB","sectionType":"section","heading":null,"content":"### Section sec.207AB\n\ns 207AB ins 1997 No. 77 s 61\namd 2005 No. 51 s 3 sch\nom 2014 No. 48 s 81","sortOrder":859},{"sectionNumber":"ch.9-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":860},{"sectionNumber":"sec.207B","sectionType":"section","heading":null,"content":"### Section sec.207B\n\ns 207B ins 1997 No. 26 s 50\nom 2014 No. 48 s 81","sortOrder":861},{"sectionNumber":"sec.207C","sectionType":"section","heading":null,"content":"### Section sec.207C\n\ns 207C ins 1997 No. 26 s 50\nom 2014 No. 48 s 81","sortOrder":862},{"sectionNumber":"sec.207D","sectionType":"section","heading":null,"content":"### Section sec.207D\n\ns 207D ins 1997 No. 77 s 62\nom 2014 No. 48 s 81","sortOrder":863},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Special approvals","content":"# Special approvals","sortOrder":864},{"sectionNumber":"ch.9-pt.5-div.1","sectionType":"division","heading":"Giving of special approval","content":"## Giving of special approval","sortOrder":865},{"sectionNumber":"sec.208","sectionType":"section","heading":"Giving of special approvals","content":"### sec.208 Giving of special approvals\n\nA special approval may be given under the regulations or by the regulator.","sortOrder":866},{"sectionNumber":"sec.209","sectionType":"section","heading":"Application for special approval","content":"### sec.209 Application for special approval\n\nAn application for a special approval must—\nbe made to the regulator in the form approved by the regulator; and\nstate the things proposed to be done under the approval; and\nbe accompanied by the fees prescribed under the regulations, including any fee for investigating whether the approval should be given.\nIf asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n(sec.209-ssec.1) An application for a special approval must— be made to the regulator in the form approved by the regulator; and state the things proposed to be done under the approval; and be accompanied by the fees prescribed under the regulations, including any fee for investigating whether the approval should be given.\n(sec.209-ssec.2) If asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n- (a) be made to the regulator in the form approved by the regulator; and\n- (b) state the things proposed to be done under the approval; and\n- (c) be accompanied by the fees prescribed under the regulations, including any fee for investigating whether the approval should be given.","sortOrder":867},{"sectionNumber":"sec.210","sectionType":"section","heading":"Consideration of application for special approval","content":"### sec.210 Consideration of application for special approval\n\nThe regulator must consider an application for the giving of a special approval and may give, or refuse to give, the approval.\nSections 180 (2) to (9) , 189 (2) to (6) and 197 (2) to (7) , to the extent the provisions are relevant to the proposed activities, apply to the giving of the approval as if the application were for the issue of a relevant authority.\nIn this section—\nproposed activities means the activities proposed to be performed under the special approval.\nrelevant authority means a generation, transmission or distribution authority the applicant would otherwise be required to hold to perform the proposed activities.\ns 210 amd 2003 No. 28 s 27 ; 2014 No. 48 s 82 ; 2024 No. 15 s 184D\n(sec.210-ssec.1) The regulator must consider an application for the giving of a special approval and may give, or refuse to give, the approval.\n(sec.210-ssec.2) Sections 180 (2) to (9) , 189 (2) to (6) and 197 (2) to (7) , to the extent the provisions are relevant to the proposed activities, apply to the giving of the approval as if the application were for the issue of a relevant authority.\n(sec.210-ssec.3) In this section— proposed activities means the activities proposed to be performed under the special approval. relevant authority means a generation, transmission or distribution authority the applicant would otherwise be required to hold to perform the proposed activities.","sortOrder":868},{"sectionNumber":"sec.211","sectionType":"section","heading":"Notice of refusal to give special approval","content":"### sec.211 Notice of refusal to give special approval\n\nIf the regulator refuses to give a special approval, the regulator must promptly give the applicant a written notice informing the applicant of the refusal, the reasons for the refusal and the applicant’s right to seek an internal review of the refusal.\ns 211 amd 2009 No. 24 s 437","sortOrder":869},{"sectionNumber":"ch.9-pt.5-div.2","sectionType":"division","heading":"Amendment of special approval","content":"## Amendment of special approval","sortOrder":870},{"sectionNumber":"sec.211A","sectionType":"section","heading":"Amendment of special approval","content":"### sec.211A Amendment of special approval\n\nThe regulator may, with a special approval holder’s agreement and after considering the objects of this Act, amend its special approval.\ns 211A ins 1997 No. 77 s 63\namd 2003 No. 28 s 28","sortOrder":871},{"sectionNumber":"sec.211B","sectionType":"section","heading":"Amendment of conditions stated in special approval","content":"### sec.211B Amendment of conditions stated in special approval\n\nThe regulator may, with a special approval holder’s agreement and after considering the objects of this Act, amend the conditions stated in its special approval.\ns 211B ins 1997 No. 77 s 63\namd 2003 No. 28 s 29","sortOrder":872},{"sectionNumber":"sec.211C","sectionType":"section","heading":"Amendment of special approval and conditions by notice to holder of special approval","content":"### sec.211C Amendment of special approval and conditions by notice to holder of special approval\n\nThe regulator may amend a special approval or the conditions of a special approval by notice under subsection (2) given to the holder of the special approval.\nThe regulator may amend a special approval or the conditions of a special approval by a notice only if—\nthe regulator is satisfied the amendment is—\nnecessary having regard to the objects of this Act; or\nnecessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and\nthe regulator has given the holder of the special approval an opportunity to make representations on the matter.\nThis section does not affect the power to amend under sections 211A and 211B .\ns 211C ins 1997 No. 77 s 63\namd 2003 No. 28 s 30 ; 2005 No. 51 s 3 sch\n(sec.211C-ssec.1) The regulator may amend a special approval or the conditions of a special approval by notice under subsection (2) given to the holder of the special approval.\n(sec.211C-ssec.2) The regulator may amend a special approval or the conditions of a special approval by a notice only if— the regulator is satisfied the amendment is— necessary having regard to the objects of this Act; or necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and the regulator has given the holder of the special approval an opportunity to make representations on the matter.\n(sec.211C-ssec.3) This section does not affect the power to amend under sections 211A and 211B .\n- (a) the regulator is satisfied the amendment is— (i) necessary having regard to the objects of this Act; or (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and\n- (i) necessary having regard to the objects of this Act; or\n- (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and\n- (b) the regulator has given the holder of the special approval an opportunity to make representations on the matter.\n- (i) necessary having regard to the objects of this Act; or\n- (ii) necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry or reforms concerning the Queensland electricity supply industry; and","sortOrder":873},{"sectionNumber":"ch.9-pt.5-div.3","sectionType":"division","heading":"Transfer of special approval","content":"## Transfer of special approval","sortOrder":874},{"sectionNumber":"sec.212","sectionType":"section","heading":"Transfer of special approval","content":"### sec.212 Transfer of special approval\n\nThe regulator may transfer a special approval.\ns 212 sub 2003 No. 28 s 31","sortOrder":875},{"sectionNumber":"sec.212A","sectionType":"section","heading":"Application for transfer","content":"### sec.212A Application for transfer\n\nAn application for the transfer of a special approval must—\nbe made to the regulator in the form approved by the regulator; and\nbe accompanied by the fee prescribed under a regulation.\nIf asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\ns 212A ins 2003 No. 28 s 31\n(sec.212A-ssec.1) An application for the transfer of a special approval must— be made to the regulator in the form approved by the regulator; and be accompanied by the fee prescribed under a regulation.\n(sec.212A-ssec.2) If asked in writing by the regulator, the applicant must give the further relevant information or evidence the regulator requires to decide the application.\n- (a) be made to the regulator in the form approved by the regulator; and\n- (b) be accompanied by the fee prescribed under a regulation.","sortOrder":876},{"sectionNumber":"sec.212B","sectionType":"section","heading":"Consideration of application for transfer","content":"### sec.212B Consideration of application for transfer\n\nThe regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the special approval.\nHowever, the regulator may transfer the special approval only if satisfied—\nthe proposed transferee is a suitable person to hold the special approval; and\nif relevant to the activities carried out under the special approval, the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the approval relates.\nIn deciding whether the proposed transferee is a suitable person to hold the special approval, the regulator may consider the matters the regulator considers appropriate.\nIn deciding whether the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the special approval relates, the regulator must consider the matters prescribed under section 180 (5) .\ns 212B ins 2003 No. 28 s 31\namd 2024 No. 15 s 184E\n(sec.212B-ssec.1) The regulator must consider the application having regard to the objects of this Act and may transfer, or refuse to transfer, the special approval.\n(sec.212B-ssec.2) However, the regulator may transfer the special approval only if satisfied— the proposed transferee is a suitable person to hold the special approval; and if relevant to the activities carried out under the special approval, the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the approval relates.\n(sec.212B-ssec.3) In deciding whether the proposed transferee is a suitable person to hold the special approval, the regulator may consider the matters the regulator considers appropriate.\n(sec.212B-ssec.4) In deciding whether the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the special approval relates, the regulator must consider the matters prescribed under section 180 (5) .\n- (a) the proposed transferee is a suitable person to hold the special approval; and\n- (b) if relevant to the activities carried out under the special approval, the social licence criteria prescribed by regulation under section 180 (2) (f) are satisfied for the generating plant to which the approval relates.","sortOrder":877},{"sectionNumber":"sec.212C","sectionType":"section","heading":"Notice of refusal to transfer special approval","content":"### sec.212C Notice of refusal to transfer special approval\n\nAs soon as practicable after deciding to refuse to transfer the special approval, the regulator must give the applicant a written notice informing the applicant of the refusal, the reasons for the refusal and the applicant’s right to seek an internal review of the refusal.\ns 212C ins 2003 No. 28 s 31\namd 2009 No. 24 s 438","sortOrder":878},{"sectionNumber":"ch.9-pt.5-div.4","sectionType":"division","heading":"Surrender of special approval","content":"## Surrender of special approval","sortOrder":879},{"sectionNumber":"sec.213","sectionType":"section","heading":"Surrender of special approvals","content":"### sec.213 Surrender of special approvals\n\nThe holder of a special approval may surrender the approval by giving the regulator written notice of surrender.\nThe notice must be given to the regulator at least—\n6 months before it is to take effect; or\nif the approval requires a longer period of notice—the required period of notice before it is to take effect.\nHowever, the regulator may agree to a shorter period of notice in a particular case.\n(sec.213-ssec.1) The holder of a special approval may surrender the approval by giving the regulator written notice of surrender.\n(sec.213-ssec.2) The notice must be given to the regulator at least— 6 months before it is to take effect; or if the approval requires a longer period of notice—the required period of notice before it is to take effect.\n(sec.213-ssec.3) However, the regulator may agree to a shorter period of notice in a particular case.\n- (a) 6 months before it is to take effect; or\n- (b) if the approval requires a longer period of notice—the required period of notice before it is to take effect.","sortOrder":880},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Internal review of decisions","content":"# Internal review of decisions","sortOrder":881},{"sectionNumber":"sec.214","sectionType":"section","heading":"Who may apply for internal review etc.","content":"### sec.214 Who may apply for internal review etc.\n\nA person whose interests are affected by a decision mentioned in schedule 1 may apply to the regulator for internal review of the decision.\nA person who may seek internal review of a decision is entitled to receive a statement of reasons for the decision.\ns 214 amd 2006 No. 60 s 37 ; 2008 No. 56 s 14 ; 2009 No. 24 s 441 ; 2014 No. 48 s 83\n(sec.214-ssec.1) A person whose interests are affected by a decision mentioned in schedule 1 may apply to the regulator for internal review of the decision.\n(sec.214-ssec.2) A person who may seek internal review of a decision is entitled to receive a statement of reasons for the decision.","sortOrder":882},{"sectionNumber":"sec.215","sectionType":"section","heading":"Applying for internal review","content":"### sec.215 Applying for internal review\n\nAn application by a person for internal review of a decision must be made within 28 days after notice of the decision is given to the person.\nHowever, if—\nthe notice did not state reasons for the decision; and\nthe person asked for a statement of reasons for the decision within the period mentioned in subsection (1) ;\nthe person may make the application within 28 days after the person is given the statement of reasons.\nIn addition, the regulator may extend the period for making an application for internal review.\nAn application for internal review must be written and state in detail the grounds on which the applicant seeks internal review of the decision.\ns 215 amd 2006 No. 60 s 38 ; 2009 No. 24 s 442 ; 2014 No. 48 s 84\n(sec.215-ssec.1) An application by a person for internal review of a decision must be made within 28 days after notice of the decision is given to the person.\n(sec.215-ssec.2) However, if— the notice did not state reasons for the decision; and the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) ; the person may make the application within 28 days after the person is given the statement of reasons.\n(sec.215-ssec.3) In addition, the regulator may extend the period for making an application for internal review.\n(sec.215-ssec.4) An application for internal review must be written and state in detail the grounds on which the applicant seeks internal review of the decision.\n- (a) the notice did not state reasons for the decision; and\n- (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (1) ;","sortOrder":883},{"sectionNumber":"sec.216","sectionType":"section","heading":"Stay of operation of decision etc.","content":"### sec.216 Stay of operation of decision etc.\n\nIf an application is made under this part for internal review of a decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\nQCAT may stay the decision to secure the effectiveness of the internal review or a later application to QCAT for external review.\nA stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be revoked or amended by QCAT.\nThe period of a stay under this section must not extend past the time when the regulator reviews the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the regulator’s decision.\nThe making of an application under this part for internal review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\ns 216 amd 2006 No. 60 s 39 ; 2009 No. 24 s 443 ; 2014 No. 48 s 85\n(sec.216-ssec.1) If an application is made under this part for internal review of a decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the decision.\n(sec.216-ssec.2) QCAT may stay the decision to secure the effectiveness of the internal review or a later application to QCAT for external review.\n(sec.216-ssec.3) A stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be revoked or amended by QCAT.\n(sec.216-ssec.4) The period of a stay under this section must not extend past the time when the regulator reviews the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the regulator’s decision.\n(sec.216-ssec.5) The making of an application under this part for internal review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be revoked or amended by QCAT.","sortOrder":884},{"sectionNumber":"sec.217","sectionType":"section","heading":"Review panels, arbitration and mediation","content":"### sec.217 Review panels, arbitration and mediation\n\nA regulation may make provision about referring applications under this part for internal review of decisions to—\nreview panels for advice; or\nmediation for resolution; or\narbitration for decision.\nWithout limiting subsection (1) , a regulation may make provision about—\nthe type of applications that must or may be referred to review panels, mediation or arbitration; and\nestablishing review panels; and\nthe composition of review panels; and\nthe appointment of mediators and arbitrators; and\nthe conduct of proceedings before review panels, mediators and arbitrators; and\nthe making of recommendations by review panels, the resolving of applications by mediation and the making of decisions by arbitration.\ns 217 amd 2009 No. 24 s 444\n(sec.217-ssec.1) A regulation may make provision about referring applications under this part for internal review of decisions to— review panels for advice; or mediation for resolution; or arbitration for decision.\n(sec.217-ssec.2) Without limiting subsection (1) , a regulation may make provision about— the type of applications that must or may be referred to review panels, mediation or arbitration; and establishing review panels; and the composition of review panels; and the appointment of mediators and arbitrators; and the conduct of proceedings before review panels, mediators and arbitrators; and the making of recommendations by review panels, the resolving of applications by mediation and the making of decisions by arbitration.\n- (a) review panels for advice; or\n- (b) mediation for resolution; or\n- (c) arbitration for decision.\n- (a) the type of applications that must or may be referred to review panels, mediation or arbitration; and\n- (b) establishing review panels; and\n- (c) the composition of review panels; and\n- (d) the appointment of mediators and arbitrators; and\n- (e) the conduct of proceedings before review panels, mediators and arbitrators; and\n- (f) the making of recommendations by review panels, the resolving of applications by mediation and the making of decisions by arbitration.","sortOrder":885},{"sectionNumber":"sec.218","sectionType":"section","heading":"Decision on reconsideration","content":"### sec.218 Decision on reconsideration\n\nThis section applies to an application under this part for internal review of a decision (the disputed decision ).\nIf the application is not referred to a review panel, resolved by mediation or decided by arbitration, the regulator may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the applicant’s representations.\nIf the application is referred to a review panel, the regulator may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the review panel’s advice.\nIf the application is resolved by mediation or decided by arbitration, the regulator must give effect to the resolution or decision and may, for the purpose, confirm the disputed decision, amend the disputed decision or substitute a new decision.\nThe regulator must immediately give the applicant written notice of the regulator’s decision on the application.\nIf the decision is not the decision sought by the applicant, the notice must be a QCAT information notice.\nIf the regulator was not the decision maker and the regulator amends the decision or substitutes a new decision, the amended or substituted decision is, for this Act (other than this chapter), taken to be a decision of the decision maker.\ns 218 amd 2006 No. 60 s 40 ; 2009 No. 24 s 445 ; 2014 No. 48 s 86\n(sec.218-ssec.1) This section applies to an application under this part for internal review of a decision (the disputed decision ).\n(sec.218-ssec.2) If the application is not referred to a review panel, resolved by mediation or decided by arbitration, the regulator may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the applicant’s representations.\n(sec.218-ssec.3) If the application is referred to a review panel, the regulator may confirm the disputed decision, amend the disputed decision or substitute a new decision after considering the review panel’s advice.\n(sec.218-ssec.4) If the application is resolved by mediation or decided by arbitration, the regulator must give effect to the resolution or decision and may, for the purpose, confirm the disputed decision, amend the disputed decision or substitute a new decision.\n(sec.218-ssec.5) The regulator must immediately give the applicant written notice of the regulator’s decision on the application.\n(sec.218-ssec.6) If the decision is not the decision sought by the applicant, the notice must be a QCAT information notice.\n(sec.218-ssec.7) If the regulator was not the decision maker and the regulator amends the decision or substitutes a new decision, the amended or substituted decision is, for this Act (other than this chapter), taken to be a decision of the decision maker.","sortOrder":886},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"External reviews","content":"# External reviews","sortOrder":887},{"sectionNumber":"sec.219","sectionType":"section","heading":"Who may apply for external review","content":"### sec.219 Who may apply for external review\n\nA person whose interests are affected by a decision of the regulator under section 218 may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.\nHowever, a regulation may provide that a person can not apply under subsection (1) for an external review of a decision giving effect to a resolution by mediation or a decision by arbitration.\ns 219 amd 2004 No. 53 s 2 sch ; 2006 No. 60 s 41\nsub 2009 No. 24 s 446\namd 2014 No. 48 s 87\n(sec.219-ssec.1) A person whose interests are affected by a decision of the regulator under section 218 may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.\n(sec.219-ssec.2) However, a regulation may provide that a person can not apply under subsection (1) for an external review of a decision giving effect to a resolution by mediation or a decision by arbitration.","sortOrder":888},{"sectionNumber":"sec.220","sectionType":"section","heading":"Application of QCAT Act notice requirement","content":"### sec.220 Application of QCAT Act notice requirement\n\nThe regulator must give a QCAT information notice for a decision only if this Act so requires.\ns 220 amd 2006 No. 60 s 42\nsub 2009 No. 24 s 446\namd 2014 No. 48 s 88","sortOrder":889},{"sectionNumber":"sec.221","sectionType":"section","heading":null,"content":"### Section sec.221\n\ns 221 amd 2006 No. 60 s 43\nom 2009 No. 24 s 446","sortOrder":890},{"sectionNumber":"sec.222","sectionType":"section","heading":null,"content":"### Section sec.222\n\ns 222 om 2009 No. 24 s 446","sortOrder":891},{"sectionNumber":"sec.223","sectionType":"section","heading":null,"content":"### Section sec.223\n\ns 223 om 2009 No. 24 s 446","sortOrder":892},{"sectionNumber":"sec.224","sectionType":"section","heading":null,"content":"### Section sec.224\n\ns 224 om 2009 No. 24 s 446","sortOrder":893},{"sectionNumber":"sec.225","sectionType":"section","heading":null,"content":"### Section sec.225\n\ns 225 amd 2005 No. 51 s 3 sch\nom 2009 No. 24 s 446","sortOrder":894},{"sectionNumber":"sec.226","sectionType":"section","heading":null,"content":"### Section sec.226\n\ns 226 om 2009 No. 24 s 446","sortOrder":895},{"sectionNumber":"ch.11-pt.1A","sectionType":"part","heading":"Provisions for civil penalty proceedings","content":"# Provisions for civil penalty proceedings","sortOrder":896},{"sectionNumber":"sec.226A","sectionType":"section","heading":"Relationship with criminal proceedings","content":"### sec.226A Relationship with criminal proceedings\n\nThis section applies if—\naction (the civil penalty proceeding ) is taken against or in relation to a person, consisting of—\nan application under section 120X for a civil penalty order; or\na referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and\na criminal proceeding has been started, or has already been started, against the person for an offence; and\nthe conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding.\nThe civil penalty proceeding must be stayed or not continued.\nHowever, the civil penalty proceeding may be resumed if, at the end of the criminal proceeding, there is no conviction for the offence.\nEvidence in the civil penalty proceeding of information given, or documents produced, by a person is not admissible in evidence in the criminal proceeding.\nIn this section—\nconduct includes an omission.\nconviction includes a finding of guilt, or the acceptance of a plea of guilt, by a court whether or not a conviction is recorded.\ns 226A ins 2006 No. 60 s 44 (amd 2007 No. 29 s 12 )\n(sec.226A-ssec.1) This section applies if— action (the civil penalty proceeding ) is taken against or in relation to a person, consisting of— an application under section 120X for a civil penalty order; or a referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and a criminal proceeding has been started, or has already been started, against the person for an offence; and the conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding.\n(sec.226A-ssec.2) The civil penalty proceeding must be stayed or not continued.\n(sec.226A-ssec.3) However, the civil penalty proceeding may be resumed if, at the end of the criminal proceeding, there is no conviction for the offence.\n(sec.226A-ssec.4) Evidence in the civil penalty proceeding of information given, or documents produced, by a person is not admissible in evidence in the criminal proceeding.\n(sec.226A-ssec.5) In this section— conduct includes an omission. conviction includes a finding of guilt, or the acceptance of a plea of guilt, by a court whether or not a conviction is recorded.\n- (a) action (the civil penalty proceeding ) is taken against or in relation to a person, consisting of— (i) an application under section 120X for a civil penalty order; or (ii) a referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and\n- (i) an application under section 120X for a civil penalty order; or\n- (ii) a referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and\n- (b) a criminal proceeding has been started, or has already been started, against the person for an offence; and\n- (c) the conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding.\n- (i) an application under section 120X for a civil penalty order; or\n- (ii) a referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and","sortOrder":897},{"sectionNumber":"sec.226B","sectionType":"section","heading":"Avoidance of multiple penalties","content":"### sec.226B Avoidance of multiple penalties\n\nIf—\na civil penalty proceeding under section 226A is taken; and\nconduct, or substantially the same conduct, the subject of the civil penalty proceeding constitutes a contravention of 2 or more distribution network code provisions;\na civil penalty must not be imposed or ordered in the civil penalty proceeding more than once for that conduct.\ns 226B ins 2006 No. 60 s 44 (amd 2007 No. 29 s 12 )\namd 2014 No. 48 ss 89 , 183 sch 1\n- (a) a civil penalty proceeding under section 226A is taken; and\n- (b) conduct, or substantially the same conduct, the subject of the civil penalty proceeding constitutes a contravention of 2 or more distribution network code provisions;","sortOrder":898},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":899},{"sectionNumber":"sec.227","sectionType":"section","heading":"Unlawful to convey electricity etc. beyond own property","content":"### sec.227 Unlawful to convey electricity etc. beyond own property\n\nA person, other than an electricity entity or special approval holder, must not operate an electric line beyond the person’s property other than under a regulation.\nMaximum penalty—40 penalty units.","sortOrder":900},{"sectionNumber":"sec.228","sectionType":"section","heading":"Unlawfully in or on premises where works situated","content":"### sec.228 Unlawfully in or on premises where works situated\n\nA person must not unlawfully be in or on premises or an enclosure where an electricity entity’s works are situated.\nMaximum penalty—40 penalty units.","sortOrder":901},{"sectionNumber":"sec.229","sectionType":"section","heading":"Potential damage to electric lines by projectiles","content":"### sec.229 Potential damage to electric lines by projectiles\n\nA person must not unlawfully discharge a weapon near an electric line or associated equipment, or throw or otherwise project an object towards an electric line or associated equipment so that—\nthe electric line or associated equipment is likely to be damaged; or\nthe supply of electricity is likely to be interrupted.\nMaximum penalty—40 penalty units or 6 months imprisonment.\ns 229 amd 2002 No. 42 s 242 sch 1\n- (a) the electric line or associated equipment is likely to be damaged; or\n- (b) the supply of electricity is likely to be interrupted.","sortOrder":902},{"sectionNumber":"sec.230","sectionType":"section","heading":"Unlawful interference with electricity entity’s works","content":"### sec.230 Unlawful interference with electricity entity’s works\n\nA person must not wilfully and unlawfully interfere with an electricity entity’s works.\nattaching something to an electricity entity’s works\nMaximum penalty—40 penalty units or 6 months imprisonment.","sortOrder":903},{"sectionNumber":"sec.231","sectionType":"section","heading":"Unlawful connection to transmission grid or supply network","content":"### sec.231 Unlawful connection to transmission grid or supply network\n\nA person must not unlawfully connect anything to an electricity entity’s transmission grid or supply network.\nMaximum penalty—40 penalty units or 6 months imprisonment.","sortOrder":904},{"sectionNumber":"sec.232","sectionType":"section","heading":"Unlawful interference with supply of electricity to customer","content":"### sec.232 Unlawful interference with supply of electricity to customer\n\nA person must not unlawfully connect or disconnect supply of electricity to a customer or interfere with supply of electricity to a customer.\nMaximum penalty—40 penalty units or 6 months imprisonment.","sortOrder":905},{"sectionNumber":"sec.233","sectionType":"section","heading":"Offence to contravene emergency rationing order","content":"### sec.233 Offence to contravene emergency rationing order\n\nA person must not contravene an emergency rationing order, unless the person has a reasonable excuse for the contravention.\nMaximum penalty—8 penalty units.","sortOrder":906},{"sectionNumber":"sec.234","sectionType":"section","heading":null,"content":"### Section sec.234\n\ns 234 om 2002 No. 42 s 242 sch 1","sortOrder":907},{"sectionNumber":"sec.235","sectionType":"section","heading":"Unlawful taking of electricity","content":"### sec.235 Unlawful taking of electricity\n\nA person must not unlawfully take electricity.\nMaximum penalty—1,000 penalty units or 6 months imprisonment.\nIf the day or days on which a person is alleged to have been committing an offence against subsection (1) can not be established, the person may—\nbe charged with 1 offence of unlawfully taking electricity over, or at some unknown time during, a stated period; and\nbe convicted and punished accordingly.\nIn a prosecution for an offence against this or another Act in which it is claimed electricity has been unlawfully taken, the electricity is taken to belong to any person through whose transmission grid, supply network or works the electricity was supplied.\n(sec.235-ssec.1) A person must not unlawfully take electricity. Maximum penalty—1,000 penalty units or 6 months imprisonment.\n(sec.235-ssec.2) If the day or days on which a person is alleged to have been committing an offence against subsection (1) can not be established, the person may— be charged with 1 offence of unlawfully taking electricity over, or at some unknown time during, a stated period; and be convicted and punished accordingly.\n(sec.235-ssec.3) In a prosecution for an offence against this or another Act in which it is claimed electricity has been unlawfully taken, the electricity is taken to belong to any person through whose transmission grid, supply network or works the electricity was supplied.\n- (a) be charged with 1 offence of unlawfully taking electricity over, or at some unknown time during, a stated period; and\n- (b) be convicted and punished accordingly.","sortOrder":908},{"sectionNumber":"sec.236","sectionType":"section","heading":"Obstruction of electricity officers and inspection officers","content":"### sec.236 Obstruction of electricity officers and inspection officers\n\nA person must not obstruct an electricity officer or inspection officer in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 236 amd 2002 No. 42 s 242 sch 1","sortOrder":909},{"sectionNumber":"sec.237","sectionType":"section","heading":"Impersonation of electricity officers and inspection officers","content":"### sec.237 Impersonation of electricity officers and inspection officers\n\nA person must not pretend to be an electricity officer or inspection officer.\nMaximum penalty—80 penalty units.\ns 237 amd 2002 No. 42 s 242 sch 1","sortOrder":910},{"sectionNumber":"sec.238","sectionType":"section","heading":"False or misleading information","content":"### sec.238 False or misleading information\n\nA person must not—\nstate anything to the regulator, an electricity officer or an inspection officer the person knows is false or misleading in a material particular; or\nomit from a statement made to the regulator, an electricity officer or an inspection officer anything without which the statement is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—60 penalty units.\nA complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states the statement made was false or misleading to the person’s knowledge.\ns 238 amd 2002 No. 42 s 242 sch 1\n(sec.238-ssec.1) A person must not— state anything to the regulator, an electricity officer or an inspection officer the person knows is false or misleading in a material particular; or omit from a statement made to the regulator, an electricity officer or an inspection officer anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—60 penalty units.\n(sec.238-ssec.2) A complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states the statement made was false or misleading to the person’s knowledge.\n- (a) state anything to the regulator, an electricity officer or an inspection officer the person knows is false or misleading in a material particular; or\n- (b) omit from a statement made to the regulator, an electricity officer or an inspection officer anything without which the statement is, to the person’s knowledge, misleading in a material particular.","sortOrder":911},{"sectionNumber":"sec.239","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.239 False, misleading or incomplete documents\n\nA person must not give the regulator, an electricity officer or an inspection officer a document containing information the person knows is false, misleading or incomplete in a material particular.\nMaximum penalty—60 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the regulator, inspection officer or electricity officer, to the best of the person’s ability, how it is false, misleading or incomplete; and\ngives the correct information to the regulator, inspection officer or electricity officer if the person has, or can reasonably obtain, the correct information.\nA complaint against a person for an offence against subsection (1) is sufficient if it states the document was false, misleading or incomplete to the person’s knowledge.\ns 239 amd 2002 No. 42 s 242 sch 1\n(sec.239-ssec.1) A person must not give the regulator, an electricity officer or an inspection officer a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—60 penalty units.\n(sec.239-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the regulator, inspection officer or electricity officer, to the best of the person’s ability, how it is false, misleading or incomplete; and gives the correct information to the regulator, inspection officer or electricity officer if the person has, or can reasonably obtain, the correct information.\n(sec.239-ssec.3) A complaint against a person for an offence against subsection (1) is sufficient if it states the document was false, misleading or incomplete to the person’s knowledge.\n- (a) informs the regulator, inspection officer or electricity officer, to the best of the person’s ability, how it is false, misleading or incomplete; and\n- (b) gives the correct information to the regulator, inspection officer or electricity officer if the person has, or can reasonably obtain, the correct information.","sortOrder":912},{"sectionNumber":"sec.240","sectionType":"section","heading":"Impersonation of person named in document","content":"### sec.240 Impersonation of person named in document\n\nA person must not pretend to be a person named in a document issued or given under this Act.\nMaximum penalty—8 penalty units.\nIn subsection (1) —\ndocument includes a certificate, identity card, notice, record book and register.\n(sec.240-ssec.1) A person must not pretend to be a person named in a document issued or given under this Act. Maximum penalty—8 penalty units.\n(sec.240-ssec.2) In subsection (1) — document includes a certificate, identity card, notice, record book and register.","sortOrder":913},{"sectionNumber":"sec.240A","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.240A Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against the deemed executive liability provision;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means any of the following provisions—\nsection 87 (1)\nsection 88 (1)\nsection 88A (1) .\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\ns 240A ins 1997 No. 77 s 64\nsub 2013 No. 51 s 40\namd 2014 No. 48 s 90\n(sec.240A-ssec.1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.240A-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.240A-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability provision; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.240A-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 87 (1) section 88 (1) section 88A (1) . executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- • section 87 (1)\n- • section 88 (1)\n- • section 88A (1) .","sortOrder":914},{"sectionNumber":"sec.241","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.241 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty—one-half maximum penalty for committing the offence.\nThe Criminal Code , section 4 applies to subsection (1) .\ns 241 amd 2004 No. 53 s 2 sch\n(sec.241-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty—one-half maximum penalty for committing the offence.\n(sec.241-ssec.2) The Criminal Code , section 4 applies to subsection (1) .","sortOrder":915},{"sectionNumber":"sec.242","sectionType":"section","heading":"Proof of unlawfulness","content":"### sec.242 Proof of unlawfulness\n\nIf a provision of this Act that creates an offence mentions a person unlawfully doing an act or making an omission, the Justices Act 1886 , section 76 applies as if the doing of the act or the making of the omission with an authority were an exemption contained in the provision.","sortOrder":916},{"sectionNumber":"sec.243","sectionType":"section","heading":"Offences are summary offences","content":"### sec.243 Offences are summary offences\n\nAn offence against this Act is a summary offence.","sortOrder":917},{"sectionNumber":"sec.244","sectionType":"section","heading":"Start of offence proceedings","content":"### sec.244 Start of offence proceedings\n\nA proceeding for an offence against this Act must be started within—\n1 year after the offence is committed; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\nHowever, if section 235 (2) (which deals with unlawful taking of electricity over or during a period) applies to the offence, a proceeding for the offence may be started within—\n1 year after the end of the relevant period; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the end of the relevant period.\n(sec.244-ssec.1) A proceeding for an offence against this Act must be started within— 1 year after the offence is committed; or 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.244-ssec.2) However, if section 235 (2) (which deals with unlawful taking of electricity over or during a period) applies to the offence, a proceeding for the offence may be started within— 1 year after the end of the relevant period; or 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the end of the relevant period.\n- (a) 1 year after the offence is committed; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) 1 year after the end of the relevant period; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the end of the relevant period.","sortOrder":918},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Evidentiary provisions","content":"# Evidentiary provisions","sortOrder":919},{"sectionNumber":"sec.245","sectionType":"section","heading":"Application of part","content":"### sec.245 Application of part\n\nThis part applies to a proceeding under or in relation to this Act.","sortOrder":920},{"sectionNumber":"sec.246","sectionType":"section","heading":"Proof of appointments","content":"### sec.246 Proof of appointments\n\nIt is not necessary to prove the appointment of the following persons—\nthe chief executive of the department (the regulator);\nelectricity officers;\ninspection officers.\ns 246 amd 2002 No. 42 s 242 sch 1\n- (a) the chief executive of the department (the regulator);\n- (b) electricity officers;\n- (c) inspection officers.","sortOrder":921},{"sectionNumber":"sec.247","sectionType":"section","heading":"Proof of signatures","content":"### sec.247 Proof of signatures\n\nA signature purporting to be the signature of 1 of the following persons is evidence of the signature it purports to be—\nthe Minister;\nthe regulator;\nan electricity officer;\nan inspection officer.\ns 247 amd 2002 No. 42 s 242 sch 1\n- (a) the Minister;\n- (b) the regulator;\n- (c) an electricity officer;\n- (d) an inspection officer.","sortOrder":922},{"sectionNumber":"sec.248","sectionType":"section","heading":"Evidentiary certificates by regulator","content":"### sec.248 Evidentiary certificates by regulator\n\nA certificate purporting to be signed by the regulator and stating any of the following matters is evidence of the matter—\na stated document is a notice, order, authority or approval given by the regulator under this Act or a copy of it;\non a stated day, or during a stated period, a stated person was or was not the holder of an authority or an approval given by the regulator under this Act;\non a stated day, or during a stated period, a stated person did or did not have an obligation to supply electricity;\nan authority or approval was or was not issued or granted by the regulator for a stated term, or was or was not subject to stated conditions;\non a stated day, a stated person was given a notice under this Act by the regulator;\na stated amount is payable under this Act by a stated person and has not been paid;\na stated amount is the amount of costs or expenses incurred by the regulator in taking stated action under this Act.\ns 248 amd 2002 No. 42 s 242 sch 1\n- (a) a stated document is a notice, order, authority or approval given by the regulator under this Act or a copy of it;\n- (b) on a stated day, or during a stated period, a stated person was or was not the holder of an authority or an approval given by the regulator under this Act;\n- (c) on a stated day, or during a stated period, a stated person did or did not have an obligation to supply electricity;\n- (d) an authority or approval was or was not issued or granted by the regulator for a stated term, or was or was not subject to stated conditions;\n- (e) on a stated day, a stated person was given a notice under this Act by the regulator;\n- (f) a stated amount is payable under this Act by a stated person and has not been paid;\n- (g) a stated amount is the amount of costs or expenses incurred by the regulator in taking stated action under this Act.","sortOrder":923},{"sectionNumber":"sec.249","sectionType":"section","heading":"Evidentiary certificate by electricity entity’s chief executive officer etc.","content":"### sec.249 Evidentiary certificate by electricity entity’s chief executive officer etc.\n\nA certificate purporting to be signed by the chief executive officer of an electricity entity, or an employee of the entity authorised by its chief executive officer, and stating any of the following matters is evidence of the matter—\na stated document is a notice, order, authority or approval given under this Act by the entity or a copy of it;\non a stated day, or during a stated period, a stated person was or was not the holder of an authority or approval given by the entity under this Act;\nan authority given by the entity was or was not given for a stated term, or was or was not subject to stated conditions;\non a stated day, a stated person was given a notice by or for the entity under this Act;\na stated amount is payable under this Act to the entity by a stated person and has not been paid;\na stated amount is the amount of costs or expenses incurred by the entity in taking action under this Act.\n- (a) a stated document is a notice, order, authority or approval given under this Act by the entity or a copy of it;\n- (b) on a stated day, or during a stated period, a stated person was or was not the holder of an authority or approval given by the entity under this Act;\n- (c) an authority given by the entity was or was not given for a stated term, or was or was not subject to stated conditions;\n- (d) on a stated day, a stated person was given a notice by or for the entity under this Act;\n- (e) a stated amount is payable under this Act to the entity by a stated person and has not been paid;\n- (f) a stated amount is the amount of costs or expenses incurred by the entity in taking action under this Act.","sortOrder":924},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 om 2002 No. 42 s 242 sch 1","sortOrder":925},{"sectionNumber":"sec.251","sectionType":"section","heading":"Proof of taking of electricity etc.","content":"### sec.251 Proof of taking of electricity etc.\n\nThe existence on, or in association with, a customer’s electrical installation of ways to—\ntake electricity provided from an electricity entity’s transmission grid or supply network; or\nchange or interfere with a meter or the works of an electricity entity and connected (directly or indirectly) to an electricity entity’s transmission grid or supply network if the meter is or works are in the custody or control of the customer;\nis evidence that electricity has been taken by the customer and the change or interference has been caused by the customer.\n- (a) take electricity provided from an electricity entity’s transmission grid or supply network; or\n- (b) change or interfere with a meter or the works of an electricity entity and connected (directly or indirectly) to an electricity entity’s transmission grid or supply network if the meter is or works are in the custody or control of the customer;","sortOrder":926},{"sectionNumber":"sec.251A","sectionType":"section","heading":"Evidentiary effect of code contravention notice","content":"### sec.251A Evidentiary effect of code contravention notice\n\nA document purporting to be a certified copy of a code contravention notice is evidence—\nthat the notice was a code contravention notice given under chapter 5 , part 1A , division 6 , subdivision 1 ; and\nof the contravention or other matters stated in it; and\nthat the notice has been given to the entity stated in it the notice.\nIn this section—\ncertified copy means a copy with a certificate purporting to be signed by a member of QCA stating the copy is a true copy of the document it purports to be.\ns 251A ins 1997 No. 77 s 65\nsub 2006 No. 60 s 45\n(sec.251A-ssec.1) A document purporting to be a certified copy of a code contravention notice is evidence— that the notice was a code contravention notice given under chapter 5 , part 1A , division 6 , subdivision 1 ; and of the contravention or other matters stated in it; and that the notice has been given to the entity stated in it the notice.\n(sec.251A-ssec.2) In this section— certified copy means a copy with a certificate purporting to be signed by a member of QCA stating the copy is a true copy of the document it purports to be.\n- (a) that the notice was a code contravention notice given under chapter 5 , part 1A , division 6 , subdivision 1 ; and\n- (b) of the contravention or other matters stated in it; and\n- (c) that the notice has been given to the entity stated in it the notice.","sortOrder":927},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":928},{"sectionNumber":"sec.252","sectionType":"section","heading":"Condition may require compliance with standards, codes etc.","content":"### sec.252 Condition may require compliance with standards, codes etc.\n\nA condition that may be imposed under this Act may require compliance with a protocol, standard, code, intergovernmental agreement or another agreement stated in the condition.\nThis section does not limit the Statutory Instruments Act 1992 , section 23 .\ns 252 amd 2004 No. 53 s 2 sch\n(sec.252-ssec.1) A condition that may be imposed under this Act may require compliance with a protocol, standard, code, intergovernmental agreement or another agreement stated in the condition.\n(sec.252-ssec.2) This section does not limit the Statutory Instruments Act 1992 , section 23 .","sortOrder":929},{"sectionNumber":"sec.253AA","sectionType":"section","heading":"Direction by Minister to give information or advice","content":"### sec.253AA Direction by Minister to give information or advice\n\nThe Minister may give QCA a written direction to give the Minister information or advice on any matter related to the Queensland electricity market.\nQCA must comply with the direction.\nQCA must publish the direction on its website if directed in writing by the Minister to do so.\ns 253AA ins 2011 No. 29 s 11\namd 2014 No. 48 s 91\n(sec.253AA-ssec.1) The Minister may give QCA a written direction to give the Minister information or advice on any matter related to the Queensland electricity market.\n(sec.253AA-ssec.2) QCA must comply with the direction.\n(sec.253AA-ssec.3) QCA must publish the direction on its website if directed in writing by the Minister to do so.","sortOrder":930},{"sectionNumber":"sec.253","sectionType":"section","heading":"Advisory committees","content":"### sec.253 Advisory committees\n\nFor this Act, advisory committees may be established under the regulations or by the Minister.\nAn advisory committee established under the regulations has the functions stated in the regulation.\nAn advisory committee established by the Minister has the functions stated by the Minister.\nWithout limiting subsection (2) or (3) , an advisory committee’s function may be to give information and advice on matters impacting on communities in a particular region to the following—\nthe Minister;\nthe department;\ndistribution entities or retailers.\nservice levels provided by electricity entities\nreliability of electricity supply\nenvironmental concerns\nmajor electricity infrastructure projects\nproposed changes to the local electricity network\nA member of an advisory committee established under subsection (1) is entitled to be paid the fees and allowances that may be approved by the Governor in Council.\nQCA must establish a consumer advisory committee to advise it on—\nthe performance of its functions under this Act and its corresponding functions under the Gas Supply Act 2003 , including, for example, the making or amendment of a distribution network code under the Act s; and\nany other matter about the electricity supply industry or reticulated processed natural gas markets.\nThe members of the consumer advisory committee must be appointed after consultation with groups who represent the interests of consumers.\nQCA must give the consumer advisory committee necessary support to allow the committee to perform its functions.\nQCA may also establish other advisory committees to advise it on stated matters about the administration of distribution network codes under either Act.\ns 253 amd 2000 No. 39 s 11 ; 2006 No. 60 s 46 ; 2014 No. 48 ss 92 , 183 sch 1\n(sec.253-ssec.1) For this Act, advisory committees may be established under the regulations or by the Minister.\n(sec.253-ssec.2) An advisory committee established under the regulations has the functions stated in the regulation.\n(sec.253-ssec.3) An advisory committee established by the Minister has the functions stated by the Minister.\n(sec.253-ssec.4) Without limiting subsection (2) or (3) , an advisory committee’s function may be to give information and advice on matters impacting on communities in a particular region to the following— the Minister; the department; distribution entities or retailers. service levels provided by electricity entities reliability of electricity supply environmental concerns major electricity infrastructure projects proposed changes to the local electricity network\n(sec.253-ssec.5) A member of an advisory committee established under subsection (1) is entitled to be paid the fees and allowances that may be approved by the Governor in Council.\n(sec.253-ssec.6) QCA must establish a consumer advisory committee to advise it on— the performance of its functions under this Act and its corresponding functions under the Gas Supply Act 2003 , including, for example, the making or amendment of a distribution network code under the Act s; and any other matter about the electricity supply industry or reticulated processed natural gas markets.\n(sec.253-ssec.7) The members of the consumer advisory committee must be appointed after consultation with groups who represent the interests of consumers.\n(sec.253-ssec.8) QCA must give the consumer advisory committee necessary support to allow the committee to perform its functions.\n(sec.253-ssec.9) QCA may also establish other advisory committees to advise it on stated matters about the administration of distribution network codes under either Act.\n- (a) the Minister;\n- (b) the department;\n- (c) distribution entities or retailers.\n- 1 service levels provided by electricity entities\n- 2 reliability of electricity supply\n- 3 environmental concerns\n- 4 major electricity infrastructure projects\n- 5 proposed changes to the local electricity network\n- (a) the performance of its functions under this Act and its corresponding functions under the Gas Supply Act 2003 , including, for example, the making or amendment of a distribution network code under the Act s; and\n- (b) any other matter about the electricity supply industry or reticulated processed natural gas markets.","sortOrder":931},{"sectionNumber":"sec.253A","sectionType":"section","heading":"Reporting to Minister by QCA","content":"### sec.253A Reporting to Minister by QCA\n\nQCA must, on or before each 31 December and 30 June, give the Minister a written report about the performance of—\nits functions under this Act; or\nany of the Minister’s functions under this Act that have been delegated to QCA.\nQCA may, from time to time, give the Minister reports about any significant events in the State’s electricity market of which it considers the Minister ought to be aware, including, for example, systemic issues materially affecting consumers.\nIn this section a reference to the performance of a function includes the exercise of a power.\ns 253A ins 2006 No. 60 s 47\n(sec.253A-ssec.1) QCA must, on or before each 31 December and 30 June, give the Minister a written report about the performance of— its functions under this Act; or any of the Minister’s functions under this Act that have been delegated to QCA.\n(sec.253A-ssec.2) QCA may, from time to time, give the Minister reports about any significant events in the State’s electricity market of which it considers the Minister ought to be aware, including, for example, systemic issues materially affecting consumers.\n(sec.253A-ssec.3) In this section a reference to the performance of a function includes the exercise of a power.\n- (a) its functions under this Act; or\n- (b) any of the Minister’s functions under this Act that have been delegated to QCA.","sortOrder":932},{"sectionNumber":"sec.254","sectionType":"section","heading":"Protection from liability","content":"### sec.254 Protection from liability\n\nIn this section—\ncivil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\nofficial means—\nthe Minister; and\nthe regulator; and\nofficers of the department assisting the regulator to perform functions under section 63 ; and\nan operator under section 131 and employees of an operator; and\ninspection officers; and\nmembers of advisory committees appointed by the Minister or under a regulation; and\nmembers of any board established under this Act.\nAn official or QCA does not incur civil liability for an act done, or an omission made, honestly and without negligence under this Act.\nIf subsection (2) prevents a civil liability attaching to an official or QCA, the liability attaches instead to the State.\ns 254 amd 2001 No. 82 s 18 ; 2002 No. 42 s 242 sch 1 ; 2006 No. 60 s 48\n(sec.254-ssec.1) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act. official means— the Minister; and the regulator; and officers of the department assisting the regulator to perform functions under section 63 ; and an operator under section 131 and employees of an operator; and inspection officers; and members of advisory committees appointed by the Minister or under a regulation; and members of any board established under this Act.\n(sec.254-ssec.2) An official or QCA does not incur civil liability for an act done, or an omission made, honestly and without negligence under this Act.\n(sec.254-ssec.3) If subsection (2) prevents a civil liability attaching to an official or QCA, the liability attaches instead to the State.\n- (a) the Minister; and\n- (b) the regulator; and\n- (c) officers of the department assisting the regulator to perform functions under section 63 ; and\n- (d) an operator under section 131 and employees of an operator; and\n- (e) inspection officers; and\n- (f) members of advisory committees appointed by the Minister or under a regulation; and\n- (g) members of any board established under this Act.","sortOrder":933},{"sectionNumber":"sec.254AA","sectionType":"section","heading":"Protection from liability of member or employee of QCA","content":"### sec.254AA Protection from liability of member or employee of QCA\n\nA member or employee of QCA is not civilly liable for an act done, or omission made, in good faith under this Act.\nIf subsection (1) prevents a civil liability attaching to a member or employee, the liability attaches instead to QCA.\ns 254AA ins 1997 No. 77 s 66A\namd 2006 No. 60 s 3 sch\n(sec.254AA-ssec.1) A member or employee of QCA is not civilly liable for an act done, or omission made, in good faith under this Act.\n(sec.254AA-ssec.2) If subsection (1) prevents a civil liability attaching to a member or employee, the liability attaches instead to QCA.","sortOrder":934},{"sectionNumber":"sec.254AB","sectionType":"section","heading":"Meaning of particular terms for a relevant body corporate","content":"### sec.254AB Meaning of particular terms for a relevant body corporate\n\nFor a relevant body corporate, a reference in this Act—\nto a customer’s premises or to premises owned or occupied by a customer, is a reference to the premises for which the relevant body corporate is established; and\nto a customer or person who owns or occupies premises or has the right to use premises, is a reference to the relevant body corporate established for the premises.\ns 254AB ins 2002 No. 56 s 8\n- (a) to a customer’s premises or to premises owned or occupied by a customer, is a reference to the premises for which the relevant body corporate is established; and\n- (b) to a customer or person who owns or occupies premises or has the right to use premises, is a reference to the relevant body corporate established for the premises.","sortOrder":935},{"sectionNumber":"sec.254A","sectionType":"section","heading":"Attachment—words defined in other legislation referred to in this Act","content":"### sec.254A Attachment—words defined in other legislation referred to in this Act\n\nAttached to this Act is an attachment containing relevant provisions from other legislation referred to in this Act.\nThe attachment appears immediately after schedule 5 (Dictionary).\nThe attachment is not part of this Act.\nThe attachment must be revised so that it is an accurate copy of the provisions as amended from time to time.\nThe revision under subsection (3) must happen in the first reprint of this Act after an amendment of a provision.\ns 254A ins 1997 No. 50 s 33\n(sec.254A-ssec.1) Attached to this Act is an attachment containing relevant provisions from other legislation referred to in this Act. The attachment appears immediately after schedule 5 (Dictionary).\n(sec.254A-ssec.2) The attachment is not part of this Act.\n(sec.254A-ssec.3) The attachment must be revised so that it is an accurate copy of the provisions as amended from time to time.\n(sec.254A-ssec.4) The revision under subsection (3) must happen in the first reprint of this Act after an amendment of a provision.","sortOrder":936},{"sectionNumber":"sec.254B","sectionType":"section","heading":"Registers QCA must keep","content":"### sec.254B Registers QCA must keep\n\nQCA must keep a register of each of the following—\ndistribution network codes;\nwarning notices, including expired warning notices;\nconduct assurances;\ncode contravention notices, including expired code contravention notices.\nFor access to the registers, see the QCA Act , sections 227A to 227C .\ns 254B ins 2006 No. 60 s 49\namd 2014 No. 48 s 93\n- (a) distribution network codes;\n- (b) warning notices, including expired warning notices;\n- (c) conduct assurances;\n- (d) code contravention notices, including expired code contravention notices.","sortOrder":937},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":938},{"sectionNumber":"sec.255","sectionType":"section","heading":"State electricity entities do not represent the State","content":"### sec.255 State electricity entities do not represent the State\n\nState electricity entities do not represent the State.","sortOrder":939},{"sectionNumber":"sec.256","sectionType":"section","heading":"Application of Judicial Review Act","content":"### sec.256 Application of Judicial Review Act\n\nIn this section—\ncommercial activities means activities conducted on a commercial basis.\ncommunity service obligations has the same meaning as in the GOC Act .\nexcluded activities means—\ncommercial activities; or\ncommunity service obligations prescribed under the regulations.\nA regulation may declare the activities of a State electricity entity that are taken to be, or are taken not to be, activities conducted on a commercial basis.\nThe Judicial Review Act 1991 does not apply to a decision of a State electricity entity made in carrying out its excluded activities.\ns 256 amd 1995 No. 57 s 4 sch 1 ; 2009 No. 13 s 213 sch 5\n(sec.256-ssec.1) In this section— commercial activities means activities conducted on a commercial basis. community service obligations has the same meaning as in the GOC Act . excluded activities means— commercial activities; or community service obligations prescribed under the regulations.\n(sec.256-ssec.2) A regulation may declare the activities of a State electricity entity that are taken to be, or are taken not to be, activities conducted on a commercial basis.\n(sec.256-ssec.4) The Judicial Review Act 1991 does not apply to a decision of a State electricity entity made in carrying out its excluded activities.\n- (a) commercial activities; or\n- (b) community service obligations prescribed under the regulations.","sortOrder":940},{"sectionNumber":"sec.257","sectionType":"section","heading":"Directions to State electricity entities and related group entities","content":"### sec.257 Directions to State electricity entities and related group entities\n\nA State electricity entity or related group entity must comply with a direction given to it by the Ministers.\nA direction must be in writing and signed by the Ministers.\nThe Ministers may give a direction only if they are satisfied it is necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry, reforms concerning the Queensland electricity supply industry or to ensure a financially viable Queensland electricity supply industry.\nThe board of a State electricity entity or related group entity must implement a direction given under subsection (1) but an act or decision of the board is not invalid merely because of a failure to comply with the direction.\nA regulation may declare the following entities that are not State electricity entities, to be a State electricity entity for this section—\na GOC;\na subsidiary of a GOC;\na government company;\nas long as the business, or part of the business, of the relevant entity was, at some time carried on, in whole or in part, by a business unit, division or branch of a State electricity entity or State electricity entities.\nIn this section—\nMinisters means the Minister who administers this Act and the Minister who administers the Government Owned Corporations Act 1993 .\ns 257 prev s 257 sub 1997 No. 77 s 67\nexp 19 December 2002 (see s 257(2))\npres s 257 (prev s 299) ins 1997 No. 26 s 53\namd 1997 No. 77 s 74 ; 2016 No. 36 s 36 (1) – (3)\nrenum and reloc 2016 No. 36 s 36 (4)\n(sec.257-ssec.1) A State electricity entity or related group entity must comply with a direction given to it by the Ministers.\n(sec.257-ssec.2) A direction must be in writing and signed by the Ministers.\n(sec.257-ssec.3) The Ministers may give a direction only if they are satisfied it is necessary or convenient to help or give effect to the objects of the Act , the restructuring of the Queensland electricity supply industry, reforms concerning the Queensland electricity supply industry or to ensure a financially viable Queensland electricity supply industry.\n(sec.257-ssec.4) The board of a State electricity entity or related group entity must implement a direction given under subsection (1) but an act or decision of the board is not invalid merely because of a failure to comply with the direction.\n(sec.257-ssec.5) A regulation may declare the following entities that are not State electricity entities, to be a State electricity entity for this section— a GOC; a subsidiary of a GOC; a government company; as long as the business, or part of the business, of the relevant entity was, at some time carried on, in whole or in part, by a business unit, division or branch of a State electricity entity or State electricity entities.\n(sec.257-ssec.6) In this section— Ministers means the Minister who administers this Act and the Minister who administers the Government Owned Corporations Act 1993 .\n- (a) a GOC;\n- (b) a subsidiary of a GOC;\n- (c) a government company;","sortOrder":941},{"sectionNumber":"sec.257A","sectionType":"section","heading":null,"content":"### Section sec.257A\n\ns 257A ins 1997 No. 77 s 67\nom 2003 No. 28 s 3 sch 1","sortOrder":942},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 om 1997 No. 77 s 68","sortOrder":943},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 om 1997 No. 77 s 68","sortOrder":944},{"sectionNumber":"sec.259A","sectionType":"section","heading":"Regulation may declare a State electricity entity for particular purposes","content":"### sec.259A Regulation may declare a State electricity entity for particular purposes\n\nA regulation may declare the following entities that are not State electricity entities, to be a State electricity entity for section 256 or 262 —\na GOC;\na subsidiary of a GOC;\na government company;\nas long as the entity is a related group entity.\nA regulation may also declare an entity that is a GOC or a subsidiary of a GOC but is not a State electricity entity to be a State electricity entity for—\nawards, or a stated award, under the Industrial Relations Act 2016 ; or\nemployment conditions, or stated employment conditions, of its employees.\ns 259A ins 1997 No. 26 s 51\namd 2004 No. 50 s 16A ; 2016 No. 36 s 34 ; 2016 No. 63 s 1157 sch 6 ; 2019 No. 17 s 356\n(sec.259A-ssec.1) A regulation may declare the following entities that are not State electricity entities, to be a State electricity entity for section 256 or 262 — a GOC; a subsidiary of a GOC; a government company; as long as the entity is a related group entity.\n(sec.259A-ssec.2) A regulation may also declare an entity that is a GOC or a subsidiary of a GOC but is not a State electricity entity to be a State electricity entity for— awards, or a stated award, under the Industrial Relations Act 2016 ; or employment conditions, or stated employment conditions, of its employees.\n- (a) a GOC;\n- (b) a subsidiary of a GOC;\n- (c) a government company;\n- (a) awards, or a stated award, under the Industrial Relations Act 2016 ; or\n- (b) employment conditions, or stated employment conditions, of its employees.","sortOrder":945},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Superannuation","content":"# Superannuation","sortOrder":946},{"sectionNumber":"sec.260","sectionType":"section","heading":"State electricity entities to take part in regulated superannuation scheme","content":"### sec.260 State electricity entities to take part in regulated superannuation scheme\n\nEach State electricity entity must take part in a regulated superannuation scheme under the Superannuation Industry (Supervision) Act 1993 (Cwlth) .\ns 260 sub 1997 No. 77 s 69","sortOrder":947},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\ns 261 om 1997 No. 77 s 70","sortOrder":948},{"sectionNumber":"sec.262","sectionType":"section","heading":"Membership of certain superannuation schemes continued","content":"### sec.262 Membership of certain superannuation schemes continued\n\nA person who, immediately before the commencement is—\nan employee of the electricity supply industry under the repealed Act; and\na contributor to the Brisbane City Council Superannuation Fund, GO Super (Government Officers Superannuation Scheme), State Service Superannuation Scheme, Q-Super (State Public Sector Superannuation Scheme) or Local Government Superannuation Scheme;\ncontinues to be a contributor while the person continues to be an employee of a State electricity entity.\nThe person’s employer must deduct from the person’s salary the contributions the person is required to make under the scheme and remit them to the relevant fund.\nThe person’s employer is also liable to make any contributions that under the scheme an employer of the person is required to make.\nThis section does not prevent a person being a contributor to the Electricity Supply Industry Superannuation Fund (Qld), but a person may not be a contributor to a scheme under this section and also be a contributor to the Electricity Supply Industry Superannuation Fund (Qld).\ns 262 amd 2005 No. 51 s 3 sch\n(sec.262-ssec.1) A person who, immediately before the commencement is— an employee of the electricity supply industry under the repealed Act; and a contributor to the Brisbane City Council Superannuation Fund, GO Super (Government Officers Superannuation Scheme), State Service Superannuation Scheme, Q-Super (State Public Sector Superannuation Scheme) or Local Government Superannuation Scheme; continues to be a contributor while the person continues to be an employee of a State electricity entity.\n(sec.262-ssec.2) The person’s employer must deduct from the person’s salary the contributions the person is required to make under the scheme and remit them to the relevant fund.\n(sec.262-ssec.3) The person’s employer is also liable to make any contributions that under the scheme an employer of the person is required to make.\n(sec.262-ssec.4) This section does not prevent a person being a contributor to the Electricity Supply Industry Superannuation Fund (Qld), but a person may not be a contributor to a scheme under this section and also be a contributor to the Electricity Supply Industry Superannuation Fund (Qld).\n- (a) an employee of the electricity supply industry under the repealed Act; and\n- (b) a contributor to the Brisbane City Council Superannuation Fund, GO Super (Government Officers Superannuation Scheme), State Service Superannuation Scheme, Q-Super (State Public Sector Superannuation Scheme) or Local Government Superannuation Scheme;","sortOrder":949},{"sectionNumber":"ch.14-pt.1","sectionType":"part","heading":"Provisions for original Act ( 1994 No. 64 )","content":"# Provisions for original Act ( 1994 No. 64 )","sortOrder":950},{"sectionNumber":"sec.269","sectionType":"section","heading":"Definition","content":"### sec.269 Definition\n\nIn this chapter—\nrepealed Act means the Electricity Act 1976 .","sortOrder":951},{"sectionNumber":"sec.270","sectionType":"section","heading":null,"content":"### Section sec.270\n\ns 270 exp 1 January 1996 (see s 270(3))","sortOrder":952},{"sectionNumber":"sec.271","sectionType":"section","heading":null,"content":"### Section sec.271\n\ns 271 exp 1 January 1996 (see s 271(3))","sortOrder":953},{"sectionNumber":"sec.272","sectionType":"section","heading":null,"content":"### Section sec.272\n\ns 272 exp 1 January 1996 (see s 272(3))","sortOrder":954},{"sectionNumber":"sec.273","sectionType":"section","heading":null,"content":"### Section sec.273\n\ns 273 exp 1 January 1996 (see s 273(3))","sortOrder":955},{"sectionNumber":"sec.274","sectionType":"section","heading":null,"content":"### Section sec.274\n\ns 274 exp 1 July 1995 (see s 274(2))","sortOrder":956},{"sectionNumber":"sec.275","sectionType":"section","heading":null,"content":"### Section sec.275\n\ns 275 exp 1 July 1995 (see s 275(4))","sortOrder":957},{"sectionNumber":"sec.276","sectionType":"section","heading":"Transfer of officers to the department","content":"### sec.276 Transfer of officers to the department\n\nOn and from the commencement, the persons appointed, in writing, by the chief executive of the department who immediately before the commencement were employees of the Queensland electricity commission become officers of the department.\nA person mentioned in subsection (1) must be taken as having (for the calculation of leave entitlements as an officer of the department)—\ncontinuous service with the department that includes continuous service as an employee up to the commencement; and\ntaken leave that the person as an employee of the Queensland electricity commission had taken or for which the person has received payment and that is attributable to that service.\n(sec.276-ssec.1) On and from the commencement, the persons appointed, in writing, by the chief executive of the department who immediately before the commencement were employees of the Queensland electricity commission become officers of the department.\n(sec.276-ssec.2) A person mentioned in subsection (1) must be taken as having (for the calculation of leave entitlements as an officer of the department)— continuous service with the department that includes continuous service as an employee up to the commencement; and taken leave that the person as an employee of the Queensland electricity commission had taken or for which the person has received payment and that is attributable to that service.\n- (a) continuous service with the department that includes continuous service as an employee up to the commencement; and\n- (b) taken leave that the person as an employee of the Queensland electricity commission had taken or for which the person has received payment and that is attributable to that service.","sortOrder":958},{"sectionNumber":"sec.277","sectionType":"section","heading":null,"content":"### Section sec.277\n\ns 277 exp 1 July 1995 (see s 277(3))","sortOrder":959},{"sectionNumber":"sec.278","sectionType":"section","heading":null,"content":"### Section sec.278\n\ns 278 exp 1 July 1995 (see s 278(2))","sortOrder":960},{"sectionNumber":"sec.279","sectionType":"section","heading":null,"content":"### Section sec.279\n\ns 279 amd 1995 No. 36 s 4 (retro)\nexp on the approval day (see s 279(3))","sortOrder":961},{"sectionNumber":"sec.280","sectionType":"section","heading":"First declaration of approved superannuation scheme","content":"### sec.280 First declaration of approved superannuation scheme\n\nThe first regulation declaring an industry superannuation scheme to be an approved industry superannuation scheme must fix a commencement day for the approval (the approval day ).\nFor the definition of approved industry superannuation scheme , see this Act as passed, section 261 .\nFor the approval day, see the Electricity Regulation 1994 , section 241.\nThe regulation may be made only if the Minister is satisfied the scheme’s conditions are acceptable to replace the conditions of the Queensland Electricity Supply Industry Employees’ Superannuation Scheme, and the Queensland Electricity Supply Industry Employer-funded Accumulations Superannuation Fund, established under the Electricity Act 1976 ( QESIESS ).\nThe approved industry superannuation scheme is a continuation of QESIESS.\ns 280 amd 1995 No. 36 s 5 (retro); 2005 No. 51 s 3 sch\n(sec.280-ssec.1) The first regulation declaring an industry superannuation scheme to be an approved industry superannuation scheme must fix a commencement day for the approval (the approval day ). For the definition of approved industry superannuation scheme , see this Act as passed, section 261 . For the approval day, see the Electricity Regulation 1994 , section 241.\n(sec.280-ssec.2) The regulation may be made only if the Minister is satisfied the scheme’s conditions are acceptable to replace the conditions of the Queensland Electricity Supply Industry Employees’ Superannuation Scheme, and the Queensland Electricity Supply Industry Employer-funded Accumulations Superannuation Fund, established under the Electricity Act 1976 ( QESIESS ).\n(sec.280-ssec.3) The approved industry superannuation scheme is a continuation of QESIESS.\n- 1 For the definition of approved industry superannuation scheme , see this Act as passed, section 261 .\n- 2 For the approval day, see the Electricity Regulation 1994 , section 241.","sortOrder":962},{"sectionNumber":"sec.281","sectionType":"section","heading":null,"content":"### Section sec.281\n\ns 281 orig s 281 exp on the day after the transfer day (see prev s 281(6))\nAIA s 20A applies (see s 281(7))\nprev s 281 sub 1995 No. 36 s 6 (retro)\nexp on the approval day (see s 281(8))\nAIA s 20A applies (see s 281(7))","sortOrder":963},{"sectionNumber":"sec.281A","sectionType":"section","heading":null,"content":"### Section sec.281A\n\ns 281A ins 1995 No. 36 s 6 (retro)\nexp on the approval day (see s 281A(4))\nAIA s 20A applies (see s 281A(3))","sortOrder":964},{"sectionNumber":"sec.282","sectionType":"section","heading":null,"content":"### Section sec.282\n\ns 282 exp 1 April 1995 (see s 282(2))","sortOrder":965},{"sectionNumber":"sec.283","sectionType":"section","heading":null,"content":"### Section sec.283\n\ns 283 exp 1 January 1996 (see s 283(2))","sortOrder":966},{"sectionNumber":"sec.284","sectionType":"section","heading":null,"content":"### Section sec.284\n\ns 284 exp 1 January 1996 (see s 284(5))","sortOrder":967},{"sectionNumber":"sec.285","sectionType":"section","heading":null,"content":"### Section sec.285\n\ns 285 amd 1997 No. 50 s 24\nexp 1 January 1998 (see s 285(3))","sortOrder":968},{"sectionNumber":"sec.285A","sectionType":"section","heading":"Electricity Act 1976 references","content":"### sec.285A Electricity Act 1976 references\n\nIn an Act or document, a reference to the Electricity Act 1976 may, if the context permits, be taken to be a reference to this Act.\ns 285A ins 1995 No. 57 s 4 sch 1","sortOrder":969},{"sectionNumber":"sec.286","sectionType":"section","heading":"References to electricity boards, electricity authorities and electricity supply industry","content":"### sec.286 References to electricity boards, electricity authorities and electricity supply industry\n\nA reference in any document, including an Act, to, or that is read as a reference to, an electricity board within the meaning of the Electricity Act 1976 is taken, after the commencement, to be a reference to a State authorised supplier or the State authorised supplier that is its successor, as the case requires unless the context or a regulation otherwise requires.\nA reference in any document, including an Act, to, or that is read as a reference to, the Queensland electricity commission within the meaning of the Electricity Act 1976 is taken, after the commencement, to be a reference to 1 or more of QGC, QTSC, QETC or the regulator according to the aspect, function, power, obligation or entitlement of the Queensland electricity commission in relation to which the reference is made unless the context or a regulation otherwise requires.\nA reference in any document, including an Act, to the electricity supply industry is taken, after the commencement, to be a reference to the electricity industry.\nA reference in any document, including an Act, to the electricity generating board or the State electricity commission is taken, after the commencement, to be a reference to the Queensland electricity commission mentioned in subsection (2).\ns 286 amd 1995 No. 57 s 4 sch 1\n(sec.286-ssec.1) A reference in any document, including an Act, to, or that is read as a reference to, an electricity board within the meaning of the Electricity Act 1976 is taken, after the commencement, to be a reference to a State authorised supplier or the State authorised supplier that is its successor, as the case requires unless the context or a regulation otherwise requires.\n(sec.286-ssec.2) A reference in any document, including an Act, to, or that is read as a reference to, the Queensland electricity commission within the meaning of the Electricity Act 1976 is taken, after the commencement, to be a reference to 1 or more of QGC, QTSC, QETC or the regulator according to the aspect, function, power, obligation or entitlement of the Queensland electricity commission in relation to which the reference is made unless the context or a regulation otherwise requires.\n(sec.286-ssec.3) A reference in any document, including an Act, to the electricity supply industry is taken, after the commencement, to be a reference to the electricity industry.\n(sec.286-ssec.4) A reference in any document, including an Act, to the electricity generating board or the State electricity commission is taken, after the commencement, to be a reference to the Queensland electricity commission mentioned in subsection (2).","sortOrder":970},{"sectionNumber":"sec.287","sectionType":"section","heading":"Gladstone power station provisions","content":"### sec.287 Gladstone power station provisions\n\nThe purpose of this section is to ensure that this Act does not adversely affect arrangements in place at the commencement of this Act under the Gladstone Power Station Agreement Act 1993 and the State agreement under that Act.\nOn the commencement of this subsection, the State will negotiate with the participants under the State agreement under the Gladstone Power Station Agreement Act 1993 to amend the State agreement, to take effect immediately after the commencement of this Act, so as to as nearly as possible maintain the rights and obligations had, immediately before the commencement of this Act, by the State, the parties to the State agreement and the parties to the transaction documents mentioned in the State agreement.\nIn addition to the matters mentioned in subsection (2), the State must identify to the parties to the State agreement before the commencement which 1 or more of QGC, QTSC and QETC (a relevant entity ) are to be substituted for the Queensland electricity commission in the arrangements contemplated by the Gladstone Power Station Agreement Act 1993 and the State agreement.\nA relevant entity that is substituted for the Queensland electricity commission in the arrangements is, by this subsection, authorised to enter into the arrangements and do everything necessary or convenient to enable it to perform the commission’s obligations, and exercise its entitlements, under the arrangement.\nIf the parties to the State agreement are unable to agree on the amendments of the State agreement required by subsection (2), the inability to agree is a dispute between the parties.\nA party to a dispute may give to the other parties to the dispute a written notice (a notice of dispute ) specifying the dispute and requiring that it be dealt with under subsection (7).\nIf a party gives a notice of dispute, the Minister (within the meaning of the State agreement) or the Minister’s nominee and the chief executive officer or the chief executive officer’s nominee of each of the other parties to the dispute must meet in Brisbane within 10 days of the giving of the notice of dispute to attempt in good faith, and using their best endeavours to resolve the dispute within a further 10 days.\nTo avoid doubt, a dispute under this section is not a dispute for the purposes of clause 24 of the State agreement, but this does not limit the remedies the parties might otherwise have.\nThe application of this Act may be changed under the regulations made under this Act or the Gladstone Power Station Agreement Act 1993 , or by the State agreement, to give effect to subsections (1) to (4).\n(sec.287-ssec.1) The purpose of this section is to ensure that this Act does not adversely affect arrangements in place at the commencement of this Act under the Gladstone Power Station Agreement Act 1993 and the State agreement under that Act.\n(sec.287-ssec.2) On the commencement of this subsection, the State will negotiate with the participants under the State agreement under the Gladstone Power Station Agreement Act 1993 to amend the State agreement, to take effect immediately after the commencement of this Act, so as to as nearly as possible maintain the rights and obligations had, immediately before the commencement of this Act, by the State, the parties to the State agreement and the parties to the transaction documents mentioned in the State agreement.\n(sec.287-ssec.3) In addition to the matters mentioned in subsection (2), the State must identify to the parties to the State agreement before the commencement which 1 or more of QGC, QTSC and QETC (a relevant entity ) are to be substituted for the Queensland electricity commission in the arrangements contemplated by the Gladstone Power Station Agreement Act 1993 and the State agreement.\n(sec.287-ssec.4) A relevant entity that is substituted for the Queensland electricity commission in the arrangements is, by this subsection, authorised to enter into the arrangements and do everything necessary or convenient to enable it to perform the commission’s obligations, and exercise its entitlements, under the arrangement.\n(sec.287-ssec.5) If the parties to the State agreement are unable to agree on the amendments of the State agreement required by subsection (2), the inability to agree is a dispute between the parties.\n(sec.287-ssec.6) A party to a dispute may give to the other parties to the dispute a written notice (a notice of dispute ) specifying the dispute and requiring that it be dealt with under subsection (7).\n(sec.287-ssec.7) If a party gives a notice of dispute, the Minister (within the meaning of the State agreement) or the Minister’s nominee and the chief executive officer or the chief executive officer’s nominee of each of the other parties to the dispute must meet in Brisbane within 10 days of the giving of the notice of dispute to attempt in good faith, and using their best endeavours to resolve the dispute within a further 10 days.\n(sec.287-ssec.8) To avoid doubt, a dispute under this section is not a dispute for the purposes of clause 24 of the State agreement, but this does not limit the remedies the parties might otherwise have.\n(sec.287-ssec.9) The application of this Act may be changed under the regulations made under this Act or the Gladstone Power Station Agreement Act 1993 , or by the State agreement, to give effect to subsections (1) to (4).","sortOrder":971},{"sectionNumber":"sec.287A","sectionType":"section","heading":"Gladstone power station arrangements","content":"### sec.287A Gladstone power station arrangements\n\nA regulation may limit the power of the System Operator in Queensland to do anything, or to give a Registered participant a direction requiring it to do anything, that is inconsistent with the obligations of the System Operator in Queensland or the Registered participant under a transaction document.\nThe application of this Act may be changed under the State agreement or a further agreement under the Gladstone Power Station Agreement Act 1993 .\nIn this section—\nState agreement has the meaning given in Gladstone Power Station Agreement Act 1993 .\ntransaction document has the meaning given in Gladstone Power Station Agreement Act 1993 .\nThe attachment contains extracts of the relevant provisions of the Gladstone Power Station Agreement Act 1993 .\ns 287A ins 1997 No. 50 s 25\namd 2005 No. 51 s 3 sch\n(sec.287A-ssec.1) A regulation may limit the power of the System Operator in Queensland to do anything, or to give a Registered participant a direction requiring it to do anything, that is inconsistent with the obligations of the System Operator in Queensland or the Registered participant under a transaction document.\n(sec.287A-ssec.2) The application of this Act may be changed under the State agreement or a further agreement under the Gladstone Power Station Agreement Act 1993 .\n(sec.287A-ssec.3) In this section— State agreement has the meaning given in Gladstone Power Station Agreement Act 1993 . transaction document has the meaning given in Gladstone Power Station Agreement Act 1993 . The attachment contains extracts of the relevant provisions of the Gladstone Power Station Agreement Act 1993 .","sortOrder":972},{"sectionNumber":"sec.288","sectionType":"section","heading":"Supply under special agreements under s 172 of repealed Act","content":"### sec.288 Supply under special agreements under s 172 of repealed Act\n\nAn electricity entity does not discriminate merely because it acts in accordance with an agreement made under section 172 of the repealed Act.\nSubsection (1) does not apply to an agreement as far as it is renewed or extended after the commencement.\n(sec.288-ssec.1) An electricity entity does not discriminate merely because it acts in accordance with an agreement made under section 172 of the repealed Act.\n(sec.288-ssec.2) Subsection (1) does not apply to an agreement as far as it is renewed or extended after the commencement.","sortOrder":973},{"sectionNumber":"ch.14-pt.2","sectionType":"part","heading":"Transitional provision for Electricity Amendment Act (No. 2) 1997","content":"# Transitional provision for Electricity Amendment Act (No. 2) 1997","sortOrder":974},{"sectionNumber":"sec.289","sectionType":"section","heading":null,"content":"### Section sec.289\n\ns 289 orig s 289 exp 1 January 1996 (see prev s 289(3))\nprev s 289 ins 1997 No. 26 s 53\nexp 1 July 1998 (see s 289(2))","sortOrder":975},{"sectionNumber":"sec.290","sectionType":"section","heading":null,"content":"### Section sec.290\n\ns 290 orig s 290 exp 1 January 1997 (see prev s 290(2))\nprev s 290 ins 1997 No. 26 s 53\nexp 1 July 1998 (see s 290(4))","sortOrder":976},{"sectionNumber":"sec.291","sectionType":"section","heading":null,"content":"### Section sec.291\n\ns 291 orig s 291 exp 1 January 1996 (see prev s 291(3))\nprev s 291 ins 1997 No. 26 s 53\namd 1997 No. 50 s 27 ; 1997 No. 77 s 73\nexp 1 July 1998 (see s 291(5))","sortOrder":977},{"sectionNumber":"sec.292","sectionType":"section","heading":null,"content":"### Section sec.292\n\ns 292 ins 1997 No. 26 s 53\nexp 1 July 1998 (see s 292(4))","sortOrder":978},{"sectionNumber":"sec.293","sectionType":"section","heading":null,"content":"### Section sec.293\n\ns 293 ins 1997 No. 26 s 53\nexp 1 July 1998 (see s 293(5))","sortOrder":979},{"sectionNumber":"sec.294","sectionType":"section","heading":null,"content":"### Section sec.294\n\ns 294 ins 1997 No. 26 s 53\nexp 1 July 1998 (see s 294(4))","sortOrder":980},{"sectionNumber":"sec.295","sectionType":"section","heading":null,"content":"### Section sec.295\n\ns 295 ins 1997 No. 26 s 53\namd 1997 No. 50 s 28\nexp 1 July 1998 (see s 295(4))","sortOrder":981},{"sectionNumber":"sec.296","sectionType":"section","heading":null,"content":"### Section sec.296\n\ns 296 ins 1997 No. 26 s 53\nexp 1 July 1998 (see s 296(7))","sortOrder":982},{"sectionNumber":"sec.297","sectionType":"section","heading":null,"content":"### Section sec.297\n\ns 297 ins 1997 No. 26 s 53\nexp 1 July 1998 (see s 297(7))","sortOrder":983},{"sectionNumber":"sec.298","sectionType":"section","heading":null,"content":"### Section sec.298\n\ns 298 ins 1997 No. 26 s 53\namd 1997 No. 50 s 29\nexp 1 July 1998 (see s 298(2))","sortOrder":984},{"sectionNumber":"sec.300","sectionType":"section","heading":null,"content":"### Section sec.300\n\ns 300 ins 1997 No. 26 s 53\namd 1997 No. 50 s 30 ; 1997 No. 77 s 75\nexp 1 July 1999 (see s 300(4))","sortOrder":985},{"sectionNumber":"sec.300A","sectionType":"section","heading":null,"content":"### Section sec.300A\n\ns 300A ins 1997 No. 50 s 31\namd 1997 No. 77 s 76\nexp 1 July 1999 (see ss 300(4), 300A(3))","sortOrder":986},{"sectionNumber":"sec.300B","sectionType":"section","heading":null,"content":"### Section sec.300B\n\ns 300B ins 1997 No. 50 s 31\nsub 1997 No. 77 s 77\nexp 1 July 1999 (see ss 300(4), 300B(5))","sortOrder":987},{"sectionNumber":"sec.301","sectionType":"section","heading":null,"content":"### Section sec.301\n\ns 301 ins 1997 No. 26 s 53\nsub 1997 No. 77 s 77\namd 2000 No. 20 s 29 sch 3\nexp 19 December 2000 (see s 301(8))","sortOrder":988},{"sectionNumber":"sec.302","sectionType":"section","heading":null,"content":"### Section sec.302\n\ns 302 ins 1997 No. 26 s 53\namd 1997 No. 77 s 78\nexp 1 July 1998 (see s 302(2))","sortOrder":989},{"sectionNumber":"sec.302A","sectionType":"section","heading":null,"content":"### Section sec.302A\n\ns 302A ins 1997 No. 50 s 32\nom 1997 No. 77 s 79","sortOrder":990},{"sectionNumber":"sec.302B","sectionType":"section","heading":null,"content":"### Section sec.302B\n\ns 302B ins 1997 No. 50 s 32\nom 1997 No. 77 s 79","sortOrder":991},{"sectionNumber":"sec.302C","sectionType":"section","heading":"National Electricity Rules replace Queensland Grid Code","content":"### sec.302C National Electricity Rules replace Queensland Grid Code\n\nThis section applies for any reference in any Act or document to the Queensland Grid Code as applied under this Act.\nIf the National Electricity Rules deal with matters that the Queensland Grid Code also deals with, the National Electricity Rules replace the Queensland Grid Code to the extent that the National Electricity Rules deal with those matters.\ns 302C ins 1997 No. 50 s 32\namd 2005 No. 51 s 3 sch\n(sec.302C-ssec.1) This section applies for any reference in any Act or document to the Queensland Grid Code as applied under this Act.\n(sec.302C-ssec.2) If the National Electricity Rules deal with matters that the Queensland Grid Code also deals with, the National Electricity Rules replace the Queensland Grid Code to the extent that the National Electricity Rules deal with those matters.","sortOrder":992},{"sectionNumber":"ch.14-pt.3","sectionType":"part","heading":"Transitional provision for Electricity Amendment Act 2000","content":"# Transitional provision for Electricity Amendment Act 2000","sortOrder":993},{"sectionNumber":"sec.303","sectionType":"section","heading":"Continuation of existing regional electricity councils","content":"### sec.303 Continuation of existing regional electricity councils\n\nThis section applies to a regional electricity council—\nestablished by the Minister to provide information about regional electricity issues and requirements to the State and electricity retailers; and\nin existence immediately before the commencement of the Electricity Amendment Act 2000 .\nThe council continues in existence as if it had been established as an advisory committee under section 253 with the function of giving information and advice on matters impacting on the region for which it was established.\ns 303 prev s 303 ins 1997 No. 26 s 53\namd 1997 No. 77 s 80\nexp 1 July 1999 (see s 303(3))\npres s 303 ins 2000 No. 39 s 12\n(sec.303-ssec.1) This section applies to a regional electricity council— established by the Minister to provide information about regional electricity issues and requirements to the State and electricity retailers; and in existence immediately before the commencement of the Electricity Amendment Act 2000 .\n(sec.303-ssec.2) The council continues in existence as if it had been established as an advisory committee under section 253 with the function of giving information and advice on matters impacting on the region for which it was established.\n- (a) established by the Minister to provide information about regional electricity issues and requirements to the State and electricity retailers; and\n- (b) in existence immediately before the commencement of the Electricity Amendment Act 2000 .","sortOrder":994},{"sectionNumber":"ch.14-pt.4","sectionType":"part","heading":"Transitional provision for Integrated Planning and Other Legislation Amendment Act 2001","content":"# Transitional provision for Integrated Planning and Other Legislation Amendment Act 2001","sortOrder":995},{"sectionNumber":"sec.304","sectionType":"section","heading":"Application of Acts Interpretation Act , s 20","content":"### sec.304 Application of Acts Interpretation Act , s 20\n\nThe Acts Interpretation Act 1954 , section 20 applies to the repeal of chapter 4, part 4, division 4A.\ns 304 ins 2001 No. 100 s 92","sortOrder":996},{"sectionNumber":"ch.14-pt.5","sectionType":"part","heading":"Transitional provisions for Electricity And Other Legislation Amendment Act 2003","content":"# Transitional provisions for Electricity And Other Legislation Amendment Act 2003","sortOrder":997},{"sectionNumber":"sec.305","sectionType":"section","heading":"Existing on-supply agreements","content":"### sec.305 Existing on-supply agreements\n\nThis section applies to an on-supply agreement under the Electricity Regulation 1994 that is in force immediately before the commencement of this section.\nFrom the commencement, the agreement is taken to be an on-supply agreement under this Act.\ns 305 ins 2003 No. 28 s 32\n(sec.305-ssec.1) This section applies to an on-supply agreement under the Electricity Regulation 1994 that is in force immediately before the commencement of this section.\n(sec.305-ssec.2) From the commencement, the agreement is taken to be an on-supply agreement under this Act.","sortOrder":998},{"sectionNumber":"sec.306","sectionType":"section","heading":"Particular existing agreements about common area consumption","content":"### sec.306 Particular existing agreements about common area consumption\n\nChapter 1, part 6, division 1, subdivisions 4 and 6 do not apply to an on-supply agreement made before 13 October 2000.\ns 306 ins 2003 No. 28 s 32","sortOrder":999},{"sectionNumber":"sec.307","sectionType":"section","heading":"Existing exemptions from Act","content":"### sec.307 Existing exemptions from Act\n\nThis section applies to an exemption from this Act given by the Electricity Regulation 1994 and in force immediately before the commencement of this section.\nFrom the commencement, the exemption continues in force as if it were given under the following section of this Act—\nfor an exemption for connection of generating plant not supplying electricity to a transmission grid or supply network—section 20P;\nfor an exemption for Brisbane Airport Rail Link—section 20Q(1);\nfor an exemption for an on-supplier—section 20A.\ns 307 ins 2003 No. 28 s 32\n(sec.307-ssec.1) This section applies to an exemption from this Act given by the Electricity Regulation 1994 and in force immediately before the commencement of this section.\n(sec.307-ssec.2) From the commencement, the exemption continues in force as if it were given under the following section of this Act— for an exemption for connection of generating plant not supplying electricity to a transmission grid or supply network—section 20P; for an exemption for Brisbane Airport Rail Link—section 20Q(1); for an exemption for an on-supplier—section 20A.\n- (a) for an exemption for connection of generating plant not supplying electricity to a transmission grid or supply network—section 20P;\n- (b) for an exemption for Brisbane Airport Rail Link—section 20Q(1);\n- (c) for an exemption for an on-supplier—section 20A.","sortOrder":1000},{"sectionNumber":"ch.14-pt.6","sectionType":"part","heading":"Validation provision","content":"# Validation provision","sortOrder":1001},{"sectionNumber":"sec.308","sectionType":"section","heading":"Validation of particular acts by relevant bodies corporate","content":"### sec.308 Validation of particular acts by relevant bodies corporate\n\nThis section applies to a relevant body corporate that, before the commencement of this section, entered into an agreement to supply and sell electricity for use in the premises for which the body corporate was established.\nThe agreement and all acts, matters and things done by the body corporate under the agreement are taken to be, and always to have been, as validly made or done, as if the agreement were entered into after the commencement.\ns 308 (prev s 304) ins 2002 No. 56 s 9 (2)\nrenum 2003 No. 28 s 3 sch 1\n(sec.308-ssec.1) This section applies to a relevant body corporate that, before the commencement of this section, entered into an agreement to supply and sell electricity for use in the premises for which the body corporate was established.\n(sec.308-ssec.2) The agreement and all acts, matters and things done by the body corporate under the agreement are taken to be, and always to have been, as validly made or done, as if the agreement were entered into after the commencement.","sortOrder":1002},{"sectionNumber":"ch.14-pt.7","sectionType":"part","heading":"Transitional provision for Electricity Amendment Act 2004","content":"# Transitional provision for Electricity Amendment Act 2004","sortOrder":1003},{"sectionNumber":"sec.309","sectionType":"section","heading":"Existing electricity supply contracts","content":"### sec.309 Existing electricity supply contracts\n\nThis section applies if—\nimmediately before 1 January 2003, a contract was in force for the sale of electricity from a liable person to a customer who, under this Act as it was in force on that day, was a contestable customer; and\nunder chapter 5A, the 13% liability is imposed on the liable person for electricity sold under the contract.\nHowever, this section does not apply, or ceases to apply, if a review opportunity arose or arises for the contract on or after 1 January 2003.\nThe liable person may, by notice to the customer, charge the customer all or any of the following ( chargeable amounts )—\nthe amount of the liable person’s reasonable costs incurred in meeting or managing the 13% liability for electricity sold under the contract;\nthe cost of working out the relevant liable load\nthe cost of acquiring GECs to surrender to meet the liability\nany fee paid to surrender the GECs\nan appropriate proportion of the costs of giving the relevant self-assessment report\nif the liable person is an accredited generator—an appropriate proportion of the relevant annual fee\nif the liable person is not an accredited generator—an appropriate proportion of the fee to apply to become a scheme participant and the relevant annual fee\nthe cost of setting up an internal information technology system to manage the liability\nan amount equivalent to the amount of any civil penalty paid to meet the 13% liability and any reasonable costs of paying the civil penalty.\nThe notice must state the amount of each chargeable amount charged to the customer separately from any other amount charged for the sale of the electricity.\nIf the customer does not pay a chargeable amount charged to the customer within a reasonable period after receiving the notice, the liable person may recover the chargeable amount from the customer as a debt.\nIn deciding what is a reasonable period for subsection (5), regard must be had to the provisions of the contract.\nSubsections (3) to (6)—\napply despite any other provision of this Act; but\ndo not apply for a particular chargeable amount if the contract, by express words, provides for who is liable to pay that amount.\nIn this section—\nreview opportunity , for a contract, means an opportunity for the liable person, acting either alone or with the agreement of 1 or more of the other parties to the contract—\nto change how much the customer must pay for electricity sold under the contract; or\nto carry out a general review, renegotiation or alteration of how much the customer must pay for electricity sold under the contract.\ns 309 ins 2004 No. 50 s 17\namd 2006 No. 60 s 50\n(sec.309-ssec.1) This section applies if— immediately before 1 January 2003, a contract was in force for the sale of electricity from a liable person to a customer who, under this Act as it was in force on that day, was a contestable customer; and under chapter 5A, the 13% liability is imposed on the liable person for electricity sold under the contract.\n(sec.309-ssec.2) However, this section does not apply, or ceases to apply, if a review opportunity arose or arises for the contract on or after 1 January 2003.\n(sec.309-ssec.3) The liable person may, by notice to the customer, charge the customer all or any of the following ( chargeable amounts )— the amount of the liable person’s reasonable costs incurred in meeting or managing the 13% liability for electricity sold under the contract; the cost of working out the relevant liable load the cost of acquiring GECs to surrender to meet the liability any fee paid to surrender the GECs an appropriate proportion of the costs of giving the relevant self-assessment report if the liable person is an accredited generator—an appropriate proportion of the relevant annual fee if the liable person is not an accredited generator—an appropriate proportion of the fee to apply to become a scheme participant and the relevant annual fee the cost of setting up an internal information technology system to manage the liability an amount equivalent to the amount of any civil penalty paid to meet the 13% liability and any reasonable costs of paying the civil penalty.\n(sec.309-ssec.4) The notice must state the amount of each chargeable amount charged to the customer separately from any other amount charged for the sale of the electricity.\n(sec.309-ssec.5) If the customer does not pay a chargeable amount charged to the customer within a reasonable period after receiving the notice, the liable person may recover the chargeable amount from the customer as a debt.\n(sec.309-ssec.6) In deciding what is a reasonable period for subsection (5), regard must be had to the provisions of the contract.\n(sec.309-ssec.7) Subsections (3) to (6)— apply despite any other provision of this Act; but do not apply for a particular chargeable amount if the contract, by express words, provides for who is liable to pay that amount.\n(sec.309-ssec.8) In this section— review opportunity , for a contract, means an opportunity for the liable person, acting either alone or with the agreement of 1 or more of the other parties to the contract— to change how much the customer must pay for electricity sold under the contract; or to carry out a general review, renegotiation or alteration of how much the customer must pay for electricity sold under the contract.\n- (a) immediately before 1 January 2003, a contract was in force for the sale of electricity from a liable person to a customer who, under this Act as it was in force on that day, was a contestable customer; and\n- (b) under chapter 5A, the 13% liability is imposed on the liable person for electricity sold under the contract.\n- (a) the amount of the liable person’s reasonable costs incurred in meeting or managing the 13% liability for electricity sold under the contract; Examples of reasonable costs that may be incurred in meeting the liability— • the cost of working out the relevant liable load • the cost of acquiring GECs to surrender to meet the liability • any fee paid to surrender the GECs • an appropriate proportion of the costs of giving the relevant self-assessment report • if the liable person is an accredited generator—an appropriate proportion of the relevant annual fee • if the liable person is not an accredited generator—an appropriate proportion of the fee to apply to become a scheme participant and the relevant annual fee Example of a reasonable cost that may be incurred in managing the liability— • the cost of setting up an internal information technology system to manage the liability\n- • the cost of working out the relevant liable load\n- • the cost of acquiring GECs to surrender to meet the liability\n- • any fee paid to surrender the GECs\n- • an appropriate proportion of the costs of giving the relevant self-assessment report\n- • if the liable person is an accredited generator—an appropriate proportion of the relevant annual fee\n- • if the liable person is not an accredited generator—an appropriate proportion of the fee to apply to become a scheme participant and the relevant annual fee\n- • the cost of setting up an internal information technology system to manage the liability\n- (b) an amount equivalent to the amount of any civil penalty paid to meet the 13% liability and any reasonable costs of paying the civil penalty.\n- • the cost of working out the relevant liable load\n- • the cost of acquiring GECs to surrender to meet the liability\n- • any fee paid to surrender the GECs\n- • an appropriate proportion of the costs of giving the relevant self-assessment report\n- • if the liable person is an accredited generator—an appropriate proportion of the relevant annual fee\n- • if the liable person is not an accredited generator—an appropriate proportion of the fee to apply to become a scheme participant and the relevant annual fee\n- • the cost of setting up an internal information technology system to manage the liability\n- (a) apply despite any other provision of this Act; but\n- (b) do not apply for a particular chargeable amount if the contract, by express words, provides for who is liable to pay that amount.\n- (a) to change how much the customer must pay for electricity sold under the contract; or\n- (b) to carry out a general review, renegotiation or alteration of how much the customer must pay for electricity sold under the contract.","sortOrder":1004},{"sectionNumber":"ch.14-pt.8","sectionType":"part","heading":"Transitional provisions for Electricity and Other Legislation Amendment Act 2006","content":"# Transitional provisions for Electricity and Other Legislation Amendment Act 2006","sortOrder":1005},{"sectionNumber":"sec.310","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.310 Definitions for pt 8\n\nIn this part—\namendment Act means the Electricity and Other Legislation Amendment Act 2006 .\ncommencement means the date of assent of the amendment Act.\nformer , for a provision mentioned in this part, means the provision to which the reference relates is a provision of the pre-amended Act.\nFRC day means the day the amendment Act, section 13 commences.\nnew , for a provision mentioned in this part, means the provision to which the reference relates is a provision of the post-amended Act, as affected by any relevant definitions under the post-amended Act.\npost-amended Act means this Act as in force from the FRC day.\npre-amended Act means this Act as in force before the FRC day.\ns 310 ins 2004 No. 51 s 27\nsub 2006 No. 60 s 51","sortOrder":1006},{"sectionNumber":"sec.311","sectionType":"section","heading":"Extension of area retail obligation","content":"### sec.311 Extension of area retail obligation\n\nThis section applies to a retail entity in relation to premises if—\nit is not the area retail entity for the premises; and\nit is the financially responsible retail entity for the premises; and\nimmediately before the FRC day, the premises were owned or occupied by a customer who, under the post-amended Act, is a large non-market customer for the premises.\nNew section 48D applies to the retail entity as if it were an area retail entity for the premises and as if the circumstances mentioned in section 48D(2)(b) existed.\ns 311 ins 2004 No. 51 s 27\nsub 2006 No. 60 s 51\n(sec.311-ssec.1) This section applies to a retail entity in relation to premises if— it is not the area retail entity for the premises; and it is the financially responsible retail entity for the premises; and immediately before the FRC day, the premises were owned or occupied by a customer who, under the post-amended Act, is a large non-market customer for the premises.\n(sec.311-ssec.2) New section 48D applies to the retail entity as if it were an area retail entity for the premises and as if the circumstances mentioned in section 48D(2)(b) existed.\n- (a) it is not the area retail entity for the premises; and\n- (b) it is the financially responsible retail entity for the premises; and\n- (c) immediately before the FRC day, the premises were owned or occupied by a customer who, under the post-amended Act, is a large non-market customer for the premises.","sortOrder":1007},{"sectionNumber":"sec.312","sectionType":"section","heading":"Small customer may enter into negotiated retail contract before FRC day","content":"### sec.312 Small customer may enter into negotiated retail contract before FRC day\n\nThis section applies if—\nunder the pre-amended Act, a customer is a non-contestable customer for premises; and\nthe customer would, under the post-amended Act, be a small customer for the premises.\nDespite former sections 52 and 52A, the customer may enter into a negotiated retail contract under the post-amended Act with a retail entity for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act.\nHowever, until the FRC day—\ncustomer retail services can not be provided under the negotiated retail contract; and\nany standard customer sale contract or standard contract between the customer and the retail entity under any of the following continues to apply for the provision of the services to the premises—\nformer section 49 or 49A;\nformer section 310;\nthe Energy Assets (Restructuring and Disposal) Act 2006 , section 41 .\nAlso, it is taken to be a term of the negotiated contract that the customer may, by written notice to the retail entity given within 10 business days after the FRC day, terminate the contract without penalty.\nThe notice need not state a ground for the termination.\ns 312 ins 2004 No. 51 s 27\nsub 2006 No. 60 s 51\n(sec.312-ssec.1) This section applies if— under the pre-amended Act, a customer is a non-contestable customer for premises; and the customer would, under the post-amended Act, be a small customer for the premises.\n(sec.312-ssec.2) Despite former sections 52 and 52A, the customer may enter into a negotiated retail contract under the post-amended Act with a retail entity for the provision of customer retail services to the premises even though this Act is not in force in the form of the post-amended Act.\n(sec.312-ssec.3) However, until the FRC day— customer retail services can not be provided under the negotiated retail contract; and any standard customer sale contract or standard contract between the customer and the retail entity under any of the following continues to apply for the provision of the services to the premises— former section 49 or 49A; former section 310; the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 .\n(sec.312-ssec.4) Also, it is taken to be a term of the negotiated contract that the customer may, by written notice to the retail entity given within 10 business days after the FRC day, terminate the contract without penalty.\n(sec.312-ssec.5) The notice need not state a ground for the termination.\n- (a) under the pre-amended Act, a customer is a non-contestable customer for premises; and\n- (b) the customer would, under the post-amended Act, be a small customer for the premises.\n- (a) customer retail services can not be provided under the negotiated retail contract; and\n- (b) any standard customer sale contract or standard contract between the customer and the retail entity under any of the following continues to apply for the provision of the services to the premises— (i) former section 49 or 49A; (ii) former section 310; (iii) the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 .\n- (i) former section 49 or 49A;\n- (ii) former section 310;\n- (iii) the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 .\n- (i) former section 49 or 49A;\n- (ii) former section 310;\n- (iii) the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 .","sortOrder":1008},{"sectionNumber":"sec.313","sectionType":"section","heading":"Existing contestable customers who are receivers","content":"### sec.313 Existing contestable customers who are receivers\n\nThis section applies to a person who, immediately before the FRC day, was, under the pre-amended Act, both a contestable customer and a receiver for premises.\nDespite new section 23(2), the person is, under the post-amended Act, a customer for the premises.\nTo remove any doubt, it is declared that subsection (2) continues to apply despite the ending of any contract entered into before the FRC day in relation to the provision of customer connection services or customer retail services to the premises.\ns 313 ins 2006 No. 60 s 51\n(sec.313-ssec.1) This section applies to a person who, immediately before the FRC day, was, under the pre-amended Act, both a contestable customer and a receiver for premises.\n(sec.313-ssec.2) Despite new section 23(2), the person is, under the post-amended Act, a customer for the premises.\n(sec.313-ssec.3) To remove any doubt, it is declared that subsection (2) continues to apply despite the ending of any contract entered into before the FRC day in relation to the provision of customer connection services or customer retail services to the premises.","sortOrder":1009},{"sectionNumber":"sec.314","sectionType":"section","heading":"Existing standard customer connection contracts","content":"### sec.314 Existing standard customer connection contracts\n\nThis section applies on the FRC day if immediately before that day a contract (the existing contract ) was, under former section 40 or 40AA, taken to have been in force between a customer and a distribution entity for the provision of customer connection services to premises.\nThe existing contract ends.\nThe ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.\nThe customer and the entity are, under new section 40DB, taken to have entered into a standard connection contract for the provision of the services to the premises.\nNew section 40DB(3) to (6) apply as if the standard connection contract as if were a contract taken to have been entered into under that section.\nThis section is subject to the retailer of last resort scheme.\ns 314 ins 2006 No. 60 s 51\n(sec.314-ssec.1) This section applies on the FRC day if immediately before that day a contract (the existing contract ) was, under former section 40 or 40AA, taken to have been in force between a customer and a distribution entity for the provision of customer connection services to premises.\n(sec.314-ssec.2) The existing contract ends.\n(sec.314-ssec.3) The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.\n(sec.314-ssec.4) The customer and the entity are, under new section 40DB, taken to have entered into a standard connection contract for the provision of the services to the premises.\n(sec.314-ssec.5) New section 40DB(3) to (6) apply as if the standard connection contract as if were a contract taken to have been entered into under that section.\n(sec.314-ssec.6) This section is subject to the retailer of last resort scheme.","sortOrder":1010},{"sectionNumber":"sec.315","sectionType":"section","heading":"Existing standard customer sale contracts","content":"### sec.315 Existing standard customer sale contracts\n\nThis section applies on the FRC day if immediately before that day a contract (the existing contract ) was, under any of the following provisions, taken to have been in force between a customer and a retail entity for the provision of customer retail services to premises—\nformer section 49 or 49A;\nformer section 310;\nthe Energy Assets (Restructuring and Disposal) Act 2006 , section 41 .\nHowever, subsections (3) to (6) do not apply if the Energy Assets (Restructuring and Disposal) Act 2006 , section 44 applies to the existing contract.\nThe existing contract ends.\nThe ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.\nThe customer and the financially responsible retail entity for the premises are, under new section 51, taken to have entered into a retail contract of the following type for the provision of the services to the premises—\nif the customer is a small customer for the premises—a standard retail contract;\nif the customer is a large customer for the premises—a standard large customer retail contract.\nNew section 52(3) and (4) applies to the retail contract as if it were a contract taken to have been entered into under that section.\nThe FRC entity is taken to be the financially responsible retail entity for the premises under the post-amended Act.\nTo remove any doubt, it is declared that subsection (7) applies even though the FRC entity would not, other than for subsection (7), be the financially responsible retail entity for the premises.\nSubsection (7) ceases to apply if, under the post-amended Act—\nanother retail entity becomes the financially responsible retail entity for the premises because of a completed transfer under the National Electricity Rules taking effect after the FRC day; or\nthe FRC entity becomes the financially responsible retail entity.\nIn this section—\nFRC entity means—\nErgon Energy; or\nan acquiring entity or a sale entity under the Energy Assets (Restructuring and Disposal) Act 2006 .\ns 315 ins 2006 No. 60 s 51\n(sec.315-ssec.1) This section applies on the FRC day if immediately before that day a contract (the existing contract ) was, under any of the following provisions, taken to have been in force between a customer and a retail entity for the provision of customer retail services to premises— former section 49 or 49A; former section 310; the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 .\n(sec.315-ssec.2) However, subsections (3) to (6) do not apply if the Energy Assets (Restructuring and Disposal) Act 2006 , section 44 applies to the existing contract.\n(sec.315-ssec.3) The existing contract ends.\n(sec.315-ssec.4) The ending of the existing contract does not affect rights or obligations accrued under it before the FRC day.\n(sec.315-ssec.5) The customer and the financially responsible retail entity for the premises are, under new section 51, taken to have entered into a retail contract of the following type for the provision of the services to the premises— if the customer is a small customer for the premises—a standard retail contract; if the customer is a large customer for the premises—a standard large customer retail contract.\n(sec.315-ssec.6) New section 52(3) and (4) applies to the retail contract as if it were a contract taken to have been entered into under that section.\n(sec.315-ssec.7) The FRC entity is taken to be the financially responsible retail entity for the premises under the post-amended Act.\n(sec.315-ssec.8) To remove any doubt, it is declared that subsection (7) applies even though the FRC entity would not, other than for subsection (7), be the financially responsible retail entity for the premises.\n(sec.315-ssec.9) Subsection (7) ceases to apply if, under the post-amended Act— another retail entity becomes the financially responsible retail entity for the premises because of a completed transfer under the National Electricity Rules taking effect after the FRC day; or the FRC entity becomes the financially responsible retail entity.\n(sec.315-ssec.10) In this section— FRC entity means— Ergon Energy; or an acquiring entity or a sale entity under the Energy Assets (Restructuring and Disposal) Act 2006 .\n- (a) former section 49 or 49A;\n- (b) former section 310;\n- (c) the Energy Assets (Restructuring and Disposal) Act 2006 , section 41 .\n- (a) if the customer is a small customer for the premises—a standard retail contract;\n- (b) if the customer is a large customer for the premises—a standard large customer retail contract.\n- (a) another retail entity becomes the financially responsible retail entity for the premises because of a completed transfer under the National Electricity Rules taking effect after the FRC day; or\n- (b) the FRC entity becomes the financially responsible retail entity.\n- (a) Ergon Energy; or\n- (b) an acquiring entity or a sale entity under the Energy Assets (Restructuring and Disposal) Act 2006 .","sortOrder":1011},{"sectionNumber":"sec.316","sectionType":"section","heading":"References to other particular contracts under pre-amended Act","content":"### sec.316 References to other particular contracts under pre-amended Act\n\nIn an Act or document, a reference to a contract of a following type (the old type ) under the pre-amended Act is taken to be a reference to a type of contract under the post-amended Act stated opposite the old type—\na customer connection contract—a connection contract;\na negotiated customer connection contract—a negotiated connection contract;\na customer sale contract—a retail contract;\na negotiated customer sale contract—a negotiated retail contract.\nSubsection (1) applies subject to new sections 312 to 315.\ns 316 ins 2006 No. 60 s 51\n(sec.316-ssec.1) In an Act or document, a reference to a contract of a following type (the old type ) under the pre-amended Act is taken to be a reference to a type of contract under the post-amended Act stated opposite the old type— a customer connection contract—a connection contract; a negotiated customer connection contract—a negotiated connection contract; a customer sale contract—a retail contract; a negotiated customer sale contract—a negotiated retail contract.\n(sec.316-ssec.2) Subsection (1) applies subject to new sections 312 to 315.\n- (a) a customer connection contract—a connection contract;\n- (b) a negotiated customer connection contract—a negotiated connection contract;\n- (c) a customer sale contract—a retail contract;\n- (d) a negotiated customer sale contract—a negotiated retail contract.","sortOrder":1012},{"sectionNumber":"sec.317","sectionType":"section","heading":"Exclusion of new s 40DB for existing negotiated sale and connection contracts","content":"### sec.317 Exclusion of new s 40DB for existing negotiated sale and connection contracts\n\nThis section applies if, immediately before the FRC day, a negotiated sale and connection contract under the pre-amended Act was in force for a customer’s premises connected to a distribution entity’s supply network.\nWhile the contract continues in force new section 40DB does not apply to the customer and the entity in relation to the premises.\ns 317 ins 2006 No. 60 s 51\n(sec.317-ssec.1) This section applies if, immediately before the FRC day, a negotiated sale and connection contract under the pre-amended Act was in force for a customer’s premises connected to a distribution entity’s supply network.\n(sec.317-ssec.2) While the contract continues in force new section 40DB does not apply to the customer and the entity in relation to the premises.","sortOrder":1013},{"sectionNumber":"sec.318","sectionType":"section","heading":"Particular unmetered street lighting","content":"### sec.318 Particular unmetered street lighting\n\nThis section applies to a customer for street lighting that—\nhas an unmetered connection point or supply point for the delivery of electricity; and\nis in a public place.\nFrom the FRC day to relevant day the post-amended Act applies to the customer in relation to the street lighting as if the customer were an excluded customer for the street lighting.\nIn this section—\nrelevant day means—\nif, before 1 July 2008, a day after 1 July 2008 is prescribed under a regulation—the prescribed day; or\notherwise—1 July 2008.\nstreet lighting includes a system of street lighting.\ns 318 ins 2006 No. 60 s 51\namd 2007 No. 17 s 33\n(sec.318-ssec.1) This section applies to a customer for street lighting that— has an unmetered connection point or supply point for the delivery of electricity; and is in a public place.\n(sec.318-ssec.2) From the FRC day to relevant day the post-amended Act applies to the customer in relation to the street lighting as if the customer were an excluded customer for the street lighting.\n(sec.318-ssec.3) In this section— relevant day means— if, before 1 July 2008, a day after 1 July 2008 is prescribed under a regulation—the prescribed day; or otherwise—1 July 2008. street lighting includes a system of street lighting.\n- (a) has an unmetered connection point or supply point for the delivery of electricity; and\n- (b) is in a public place.\n- (a) if, before 1 July 2008, a day after 1 July 2008 is prescribed under a regulation—the prescribed day; or\n- (b) otherwise—1 July 2008.","sortOrder":1014},{"sectionNumber":"sec.319","sectionType":"section","heading":"Other unmetered connection points","content":"### sec.319 Other unmetered connection points\n\nThis section applies to a customer for premises, other than street lighting mentioned in new section 318, to the extent that the premises has an unmetered connection point or supply point for the delivery of electricity.\na telephone booth\nFrom the FRC day to the day prescribed under a regulation the post-amended Act applies to the customer in relation to the premises as if the customer were an excluded customer for the premises.\ns 319 ins 2006 No. 60 s 51\namd 2007 No. 17 s 34\n(sec.319-ssec.1) This section applies to a customer for premises, other than street lighting mentioned in new section 318, to the extent that the premises has an unmetered connection point or supply point for the delivery of electricity. a telephone booth\n(sec.319-ssec.2) From the FRC day to the day prescribed under a regulation the post-amended Act applies to the customer in relation to the premises as if the customer were an excluded customer for the premises.","sortOrder":1015},{"sectionNumber":"sec.319A","sectionType":"section","heading":"Particular watchman lights","content":"### sec.319A Particular watchman lights\n\nThis section applies to NMI premises that, when the FRC day starts, consist only of a watchman light.\nHowever, this section applies only if the financially responsible retail entity for the premises is not an area retail entity.\nFrom the FRC day to the day prescribed under a regulation the post-amended Act applies to a customer in relation to the premises as if the customer were an excluded customer for the premises.\nDespite new sections 48A and 48B, the financially responsible retail entity for the premises may provide customer retail services to the customer for the premises.\ns 319A ins 2007 No. 17 s 35\n(sec.319A-ssec.1) This section applies to NMI premises that, when the FRC day starts, consist only of a watchman light.\n(sec.319A-ssec.2) However, this section applies only if the financially responsible retail entity for the premises is not an area retail entity.\n(sec.319A-ssec.3) From the FRC day to the day prescribed under a regulation the post-amended Act applies to a customer in relation to the premises as if the customer were an excluded customer for the premises.\n(sec.319A-ssec.4) Despite new sections 48A and 48B, the financially responsible retail entity for the premises may provide customer retail services to the customer for the premises.","sortOrder":1016},{"sectionNumber":"sec.320","sectionType":"section","heading":"Obligation to decide notified prices for 2007–2008 financial year on basis of post-amended Act","content":"### sec.320 Obligation to decide notified prices for 2007–2008 financial year on basis of post-amended Act\n\nThe pricing entity must, as soon as practicable after the commencement, decide notified prices for customer retail services.\nNew section 90, new chapter 4, part 2, division 3 and any other relevant provisions of the post-amended Act apply for the deciding of the notified prices, instead of former section 90.\ns 320 ins 2006 No. 60 s 51\namd 2007 No. 17 s 36\n(sec.320-ssec.1) The pricing entity must, as soon as practicable after the commencement, decide notified prices for customer retail services.\n(sec.320-ssec.2) New section 90, new chapter 4, part 2, division 3 and any other relevant provisions of the post-amended Act apply for the deciding of the notified prices, instead of former section 90.","sortOrder":1017},{"sectionNumber":"sec.321","sectionType":"section","heading":"Making of transitional conduct rules about marketing conduct","content":"### sec.321 Making of transitional conduct rules about marketing conduct\n\nThe Minister may, at any time after the commencement, make conduct rules about marketing conduct by distribution entities or retail entities.\nFormer section 120C and 120GB apply for the making of the rules as if a reference in the sections to QCA were a reference to the Minister.\nFormer sections 120D to 120GA do not apply for the making of the rules.\nThe Minister must publish a gazette notice stating that the Minister has made the rules.\nThe rules take effect when the notice is published, or on a later day of effect stated in the notice.\nThe rules are taken to be conduct rules under the pre-amended Act.\ns 321 ins 2006 No. 60 s 51\n(sec.321-ssec.1) The Minister may, at any time after the commencement, make conduct rules about marketing conduct by distribution entities or retail entities.\n(sec.321-ssec.2) Former section 120C and 120GB apply for the making of the rules as if a reference in the sections to QCA were a reference to the Minister.\n(sec.321-ssec.3) Former sections 120D to 120GA do not apply for the making of the rules.\n(sec.321-ssec.4) The Minister must publish a gazette notice stating that the Minister has made the rules.\n(sec.321-ssec.5) The rules take effect when the notice is published, or on a later day of effect stated in the notice.\n(sec.321-ssec.6) The rules are taken to be conduct rules under the pre-amended Act.","sortOrder":1018},{"sectionNumber":"sec.322","sectionType":"section","heading":"Existing mediated agreements","content":"### sec.322 Existing mediated agreements\n\nFormer chapter 5, part 1B continues to apply for a mediated agreement under the pre-amended Act as if the part were still in force.\ns 322 ins 2006 No. 60 s 51","sortOrder":1019},{"sectionNumber":"sec.323","sectionType":"section","heading":"Existing orders on arbitrated disputes","content":"### sec.323 Existing orders on arbitrated disputes\n\nFormer chapter 5, part 1C continues to apply for an order made under former section 120ZY, as if the part were still in force.\ns 323 ins 2006 No. 60 s 51","sortOrder":1020},{"sectionNumber":"sec.324","sectionType":"section","heading":"Preservation of appeal rights about former contribution and user-pays fees","content":"### sec.324 Preservation of appeal rights about former contribution and user-pays fees\n\nIf, before the commencement, a member entity under the pre-amended Act had been given an information notice under former section 64E for a contribution fee or user-pays fee under the pre-amended Act, former section 64E and former schedule 1 continue to apply for the fee.\ns 324 ins 2006 No. 60 s 51","sortOrder":1021},{"sectionNumber":"sec.325","sectionType":"section","heading":"Transitional provision for non-liable loads","content":"### sec.325 Transitional provision for non-liable loads\n\nThis section applies if—\nimmediately before the FRC day, a customer was, under former section 49A, taken to have entered into a contract (the old contract ) for the provision of customer retail services for premises; and\nunder either of the following, the old contract is taken to have ended and the customer is taken to have entered into a standard large customer retail contract (the new contract ) for the provision of the services to the premises on the FRC day—\nthe Energy Assets (Restructuring and Disposal) Act 2006 , section 44 (the EARD section );\nnew section 315.\nAn electricity load sold under the new contract is taken to be a non-liable load for—\nif the new contract is with the same retail entity under the old contract—3 months from the day the old contract was, under former section 49A, taken to have been entered into; or\nif the new contract is with a different retail entity to the retail entity under the old contract—3 months from the FRC day.\ns 325 ins 2006 No. 60 s 51\n(sec.325-ssec.1) This section applies if— immediately before the FRC day, a customer was, under former section 49A, taken to have entered into a contract (the old contract ) for the provision of customer retail services for premises; and under either of the following, the old contract is taken to have ended and the customer is taken to have entered into a standard large customer retail contract (the new contract ) for the provision of the services to the premises on the FRC day— the Energy Assets (Restructuring and Disposal) Act 2006 , section 44 (the EARD section ); new section 315.\n(sec.325-ssec.2) An electricity load sold under the new contract is taken to be a non-liable load for— if the new contract is with the same retail entity under the old contract—3 months from the day the old contract was, under former section 49A, taken to have been entered into; or if the new contract is with a different retail entity to the retail entity under the old contract—3 months from the FRC day.\n- (a) immediately before the FRC day, a customer was, under former section 49A, taken to have entered into a contract (the old contract ) for the provision of customer retail services for premises; and\n- (b) under either of the following, the old contract is taken to have ended and the customer is taken to have entered into a standard large customer retail contract (the new contract ) for the provision of the services to the premises on the FRC day— (i) the Energy Assets (Restructuring and Disposal) Act 2006 , section 44 (the EARD section ); (ii) new section 315.\n- (i) the Energy Assets (Restructuring and Disposal) Act 2006 , section 44 (the EARD section );\n- (ii) new section 315.\n- (i) the Energy Assets (Restructuring and Disposal) Act 2006 , section 44 (the EARD section );\n- (ii) new section 315.\n- (a) if the new contract is with the same retail entity under the old contract—3 months from the day the old contract was, under former section 49A, taken to have been entered into; or\n- (b) if the new contract is with a different retail entity to the retail entity under the old contract—3 months from the FRC day.","sortOrder":1022},{"sectionNumber":"ch.14-pt.8A","sectionType":"part","heading":"TRANSITIONAL PROVISION FOR RIGHT TO INFORMATION ACT 2009","content":"# TRANSITIONAL PROVISION FOR RIGHT TO INFORMATION ACT 2009","sortOrder":1023},{"sectionNumber":"sec.325A","sectionType":"section","heading":null,"content":"### Section sec.325A\n\ns 325A ins 2009 No. 13 s 213 sch 5\nom 2013 No. 39 s 109 sch 2","sortOrder":1024},{"sectionNumber":"ch.14-pt.9","sectionType":"part","heading":"Transitional provision for Mines and Energy Legislation Amendment Act 2009","content":"# Transitional provision for Mines and Energy Legislation Amendment Act 2009","sortOrder":1025},{"sectionNumber":"sec.326","sectionType":"section","heading":"Existing distribution service pricing for Mount Isa–Cloncurry supply network","content":"### sec.326 Existing distribution service pricing for Mount Isa–Cloncurry supply network\n\nThis section applies if, immediately before 1 July 2010—\nthe owner of the Mount Isa–Cloncurry supply network provides customer connection services relating to the supply network; and\nthe pricing regulation made by QCA, under the direction made by the Minister under section 89B(2) to regulate the pricing for the services, is still in force; and\nthe Australian Energy Regulator has not made a distribution determination, within the meaning of the National Electricity Rules, for the supply network for the relevant regulatory control period.\nSee the Electricity—National Scheme (Queensland) Act 1997 , section 10 (Economic regulation of Mount Isa–Cloncurry supply network from 1 July 2010).\nThe pricing regulation is taken to be a jurisdictional pricing determination under the National Electricity Rules, clause 11.14.2 for the services.\nFor applying the National Electricity Rules—\nthe services are taken to be distribution services for the National Electricity Rules; and\nthe Mount Isa–Cloncurry supply network is taken to be a distribution system.\nThe National Electricity Rules apply with any necessary changes to give effect to this section.\nIn this section—\namending Act means the Mines and Energy Legislation Amendment Act 2009 .\nMount Isa–Cloncurry supply network —\nmeans the supply network, other than the 220kV supply network—\nlocated in the Mount Isa–Cloncurry region; and\nowned by Ergon Energy immediately before the date of assent for the amending Act; and\nnot connected to the national grid; and\nincludes any increase in the supply network after the date of assent for the amending Act.\nrelevant regulatory control period means the regulatory control period, within the meaning of the National Electricity Rules, starting on 1 July 2010.\ns 326 prev s 326 ins 2007 No. 29 s 9\nexp at the end of 16 June 2007 (see s 326(2))\nAIA s 20A applies (see s 326(3))\npres s 326 ins 2009 No.16 s 25\n(sec.326-ssec.1) This section applies if, immediately before 1 July 2010— the owner of the Mount Isa–Cloncurry supply network provides customer connection services relating to the supply network; and the pricing regulation made by QCA, under the direction made by the Minister under section 89B(2) to regulate the pricing for the services, is still in force; and the Australian Energy Regulator has not made a distribution determination, within the meaning of the National Electricity Rules, for the supply network for the relevant regulatory control period. See the Electricity—National Scheme (Queensland) Act 1997 , section 10 (Economic regulation of Mount Isa–Cloncurry supply network from 1 July 2010).\n(sec.326-ssec.2) The pricing regulation is taken to be a jurisdictional pricing determination under the National Electricity Rules, clause 11.14.2 for the services.\n(sec.326-ssec.3) For applying the National Electricity Rules— the services are taken to be distribution services for the National Electricity Rules; and the Mount Isa–Cloncurry supply network is taken to be a distribution system.\n(sec.326-ssec.4) The National Electricity Rules apply with any necessary changes to give effect to this section.\n(sec.326-ssec.5) In this section— amending Act means the Mines and Energy Legislation Amendment Act 2009 . Mount Isa–Cloncurry supply network — means the supply network, other than the 220kV supply network— located in the Mount Isa–Cloncurry region; and owned by Ergon Energy immediately before the date of assent for the amending Act; and not connected to the national grid; and includes any increase in the supply network after the date of assent for the amending Act. relevant regulatory control period means the regulatory control period, within the meaning of the National Electricity Rules, starting on 1 July 2010.\n- (a) the owner of the Mount Isa–Cloncurry supply network provides customer connection services relating to the supply network; and\n- (b) the pricing regulation made by QCA, under the direction made by the Minister under section 89B(2) to regulate the pricing for the services, is still in force; and\n- (c) the Australian Energy Regulator has not made a distribution determination, within the meaning of the National Electricity Rules, for the supply network for the relevant regulatory control period. Note— See the Electricity—National Scheme (Queensland) Act 1997 , section 10 (Economic regulation of Mount Isa–Cloncurry supply network from 1 July 2010).\n- (a) the services are taken to be distribution services for the National Electricity Rules; and\n- (b) the Mount Isa–Cloncurry supply network is taken to be a distribution system.\n- (a) means the supply network, other than the 220kV supply network— (i) located in the Mount Isa–Cloncurry region; and (ii) owned by Ergon Energy immediately before the date of assent for the amending Act; and (iii) not connected to the national grid; and\n- (i) located in the Mount Isa–Cloncurry region; and\n- (ii) owned by Ergon Energy immediately before the date of assent for the amending Act; and\n- (iii) not connected to the national grid; and\n- (b) includes any increase in the supply network after the date of assent for the amending Act.\n- (i) located in the Mount Isa–Cloncurry region; and\n- (ii) owned by Ergon Energy immediately before the date of assent for the amending Act; and\n- (iii) not connected to the national grid; and","sortOrder":1026},{"sectionNumber":"ch.14-pt.10","sectionType":"part","heading":"TRANSITIONAL PROVISION FOR WATER AND OTHER LEGISLATION AMENDMENT ACT 2010","content":"# TRANSITIONAL PROVISION FOR WATER AND OTHER LEGISLATION AMENDMENT ACT 2010","sortOrder":1027},{"sectionNumber":"sec.327","sectionType":"section","heading":null,"content":"### Section sec.327\n\ns 327 ins 2010 No. 53 s 258 sch 2\nom 2013 No. 39 s 109 sch 2","sortOrder":1028},{"sectionNumber":"ch.14-pt.10A","sectionType":"part","heading":"Transitional provisions for Electricity Price Reform Amendment Act 2011","content":"# Transitional provisions for Electricity Price Reform Amendment Act 2011","sortOrder":1029},{"sectionNumber":"sec.328","sectionType":"section","heading":"Qualifying generators connected, or about to be connected, to supply network","content":"### sec.328 Qualifying generators connected, or about to be connected, to supply network\n\nThis section applies if—\nbefore 8 June 2011, a small customer’s qualifying generator was connected to a distribution entity’s supply network; or\na small customer had applied to a distribution entity before 8 June 2011 to have the customer’s qualifying generator connected to the distribution entity’s supply network, but the generator was connected to the network after 8 June 2011.\nSection 44A and schedule 5, definition small photovoltaic generator , as in force immediately before the commencement, continue to apply to the qualifying generator after 8 June 2011.\nTo remove any doubt, it is declared that subsection (2) applies for any small customer from time to time for the premises at which the qualifying generator is installed.\nThis section is subject to section 335.\ns 328 ins 2011 No. 29 s 12 (retro)\namd 2012 No. 29 s 6\n(sec.328-ssec.1) This section applies if— before 8 June 2011, a small customer’s qualifying generator was connected to a distribution entity’s supply network; or a small customer had applied to a distribution entity before 8 June 2011 to have the customer’s qualifying generator connected to the distribution entity’s supply network, but the generator was connected to the network after 8 June 2011.\n(sec.328-ssec.2) Section 44A and schedule 5, definition small photovoltaic generator , as in force immediately before the commencement, continue to apply to the qualifying generator after 8 June 2011.\n(sec.328-ssec.3) To remove any doubt, it is declared that subsection (2) applies for any small customer from time to time for the premises at which the qualifying generator is installed.\n(sec.328-ssec.4) This section is subject to section 335.\n- (a) before 8 June 2011, a small customer’s qualifying generator was connected to a distribution entity’s supply network; or\n- (b) a small customer had applied to a distribution entity before 8 June 2011 to have the customer’s qualifying generator connected to the distribution entity’s supply network, but the generator was connected to the network after 8 June 2011.","sortOrder":1030},{"sectionNumber":"sec.329","sectionType":"section","heading":"Investigation and report by QCA in relation to price determination for relevant tariff year","content":"### sec.329 Investigation and report by QCA in relation to price determination for relevant tariff year\n\nThis section applies if, before the commencement of this section, QCA has been directed under the QCA Act , section 10 (e) to investigate and report on a possible alternative retail pricing methodology and schedule of retail tariffs for the relevant tariff year.\nAny investigation or report submitted by QCA under the QCA Act , section 10 (e) is taken to be a valid part of the price determination process under chapter 4, part 2 for the relevant tariff year.\nIn this section—\nrelevant tariff year means the period 1 July 2012 to 30 June 2013.\ns 329 ins 2011 No. 29 s 12\n(sec.329-ssec.1) This section applies if, before the commencement of this section, QCA has been directed under the QCA Act , section 10 (e) to investigate and report on a possible alternative retail pricing methodology and schedule of retail tariffs for the relevant tariff year.\n(sec.329-ssec.2) Any investigation or report submitted by QCA under the QCA Act , section 10 (e) is taken to be a valid part of the price determination process under chapter 4, part 2 for the relevant tariff year.\n(sec.329-ssec.3) In this section— relevant tariff year means the period 1 July 2012 to 30 June 2013.","sortOrder":1031},{"sectionNumber":"sec.330","sectionType":"section","heading":null,"content":"### Section sec.330\n\ns 330 ins 2011 No. 29 s 12\nom 2013 No. 39 s 109 sch 2","sortOrder":1032},{"sectionNumber":"ch.14-pt.11","sectionType":"part","heading":"Transitional provision for repeal of Community Ambulance Cover Act 2003","content":"# Transitional provision for repeal of Community Ambulance Cover Act 2003","sortOrder":1033},{"sectionNumber":"sec.331","sectionType":"section","heading":"Continuation of relevant former provisions for retail authority and special approval","content":"### sec.331 Continuation of relevant former provisions for retail authority and special approval\n\nSubject to subsection (2)—\nsection 55DA(3) and (4), as it was in force immediately before 1 July 2011 (the relevant former provision ), continues to apply; and\nsection 55F, as it was in force immediately before 1 July 2011 (also the relevant former provision ), continues to apply to a retail authority; and\nsection 61A, as it was in force immediately before 1 July 2011 (also the relevant former provision ), continues to apply to a special approval.\nA reference in the relevant former provision to the Ambulance Cover Act is taken to be a reference to the repealed Community Ambulance Cover Act 2003 as continued under the Community Ambulance Cover Levy Repeal Act 2011 , part 2.\ns 331 ins 2011 No. 20 s 40\n(sec.331-ssec.1) Subject to subsection (2)— section 55DA(3) and (4), as it was in force immediately before 1 July 2011 (the relevant former provision ), continues to apply; and section 55F, as it was in force immediately before 1 July 2011 (also the relevant former provision ), continues to apply to a retail authority; and section 61A, as it was in force immediately before 1 July 2011 (also the relevant former provision ), continues to apply to a special approval.\n(sec.331-ssec.2) A reference in the relevant former provision to the Ambulance Cover Act is taken to be a reference to the repealed Community Ambulance Cover Act 2003 as continued under the Community Ambulance Cover Levy Repeal Act 2011 , part 2.\n- (a) section 55DA(3) and (4), as it was in force immediately before 1 July 2011 (the relevant former provision ), continues to apply; and\n- (b) section 55F, as it was in force immediately before 1 July 2011 (also the relevant former provision ), continues to apply to a retail authority; and\n- (c) section 61A, as it was in force immediately before 1 July 2011 (also the relevant former provision ), continues to apply to a special approval.","sortOrder":1034},{"sectionNumber":"ch.14-pt.12","sectionType":"part","heading":"Transitional provision for Treasury (Cost of Living) and Other Legislation Amendment Act 2012","content":"# Transitional provision for Treasury (Cost of Living) and Other Legislation Amendment Act 2012","sortOrder":1035},{"sectionNumber":"sec.332","sectionType":"section","heading":null,"content":"### Section sec.332\n\ns 332 om 2013 No. 28 s 25","sortOrder":1036},{"sectionNumber":"sec.333","sectionType":"section","heading":"Inclusion of carbon and renewable energy target cost estimates in particular accounts","content":"### sec.333 Inclusion of carbon and renewable energy target cost estimates in particular accounts\n\nSection 55GA applies only to an account issued by a retail entity on or after 1 July 2012.\ns 333 ins 2012 No. 8 s 38","sortOrder":1037},{"sectionNumber":"ch.14-pt.13","sectionType":"part","heading":"Transitional provision for Electricity (Early Termination) Amendment Act 2012","content":"# Transitional provision for Electricity (Early Termination) Amendment Act 2012","sortOrder":1038},{"sectionNumber":"sec.334","sectionType":"section","heading":"Early termination of particular negotiated retail contracts","content":"### sec.334 Early termination of particular negotiated retail contracts\n\nThis section applies in relation to a negotiated retail contract between a relevant customer and a retail entity, entered into before or during the relevant period, if—\nduring the relevant period, the retail entity notified the customer that the entity’s charges for the provision of customer retail services to the customer under the contract were to increase; and\nthe increased charges under the contract will be more than the notified prices.\nThe customer may, within 20 business days after the end of the relevant period, terminate the contract by giving the retail entity written notice of the termination.\nSubsection (2) does not limit any other rights of the customer to terminate the contract.\nThe termination takes effect 10 business days after the written notice is given to the retail entity.\nIf the customer terminates the contract under subsection (2), the retail entity must not directly or indirectly charge the customer a fee for the early termination of the contract.\nMaximum penalty—500 penalty units.\nThis section applies despite anything to the contrary in the contract.\nIn this section—\nrelevant customer means—\na residential customer; or\na small customer who is not a residential customer.\nrelevant period means the period starting on 1 June 2012 and ending on the commencement of this section.\ns 334 ins 2012 No. 15 s 6\n(sec.334-ssec.1) This section applies in relation to a negotiated retail contract between a relevant customer and a retail entity, entered into before or during the relevant period, if— during the relevant period, the retail entity notified the customer that the entity’s charges for the provision of customer retail services to the customer under the contract were to increase; and the increased charges under the contract will be more than the notified prices.\n(sec.334-ssec.2) The customer may, within 20 business days after the end of the relevant period, terminate the contract by giving the retail entity written notice of the termination.\n(sec.334-ssec.3) Subsection (2) does not limit any other rights of the customer to terminate the contract.\n(sec.334-ssec.4) The termination takes effect 10 business days after the written notice is given to the retail entity.\n(sec.334-ssec.5) If the customer terminates the contract under subsection (2), the retail entity must not directly or indirectly charge the customer a fee for the early termination of the contract. Maximum penalty—500 penalty units.\n(sec.334-ssec.6) This section applies despite anything to the contrary in the contract.\n(sec.334-ssec.7) In this section— relevant customer means— a residential customer; or a small customer who is not a residential customer. relevant period means the period starting on 1 June 2012 and ending on the commencement of this section.\n- (a) during the relevant period, the retail entity notified the customer that the entity’s charges for the provision of customer retail services to the customer under the contract were to increase; and\n- (b) the increased charges under the contract will be more than the notified prices.\n- (a) a residential customer; or\n- (b) a small customer who is not a residential customer.","sortOrder":1039},{"sectionNumber":"ch.14-pt.14","sectionType":"part","heading":"Transitional provision for Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Act 2012","content":"# Transitional provision for Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Act 2012","sortOrder":1040},{"sectionNumber":"sec.335","sectionType":"section","heading":"When s 328 stops applying or does not apply to qualifying generators as previously defined","content":"### sec.335 When s 328 stops applying or does not apply to qualifying generators as previously defined\n\nSection 328 stops applying to a small customer’s qualifying generator mentioned in section 328(1)(a) or (b) that is connected at the small customer’s premises to a distribution entity’s supply network if the name on an electricity account for the premises is changed to another person.\nThe premises are sold or rented out.\nSubsection (1) does not apply if the name on the electricity account is changed to a person whose spouse was a small customer for the premises immediately before the person became a small customer for the premises.\nSection 328 does not apply to a small customer’s qualifying generator mentioned in section 328(1)(b) that is connected at the small customer’s premises to a distribution entity’s supply network if—\nthe qualifying generator has not been connected at the premises to the network by the end of 30 June 2013; or\nthe qualifying generator has not been ready to be connected at the premises to the supply network by the end of 30 June 2013.\nSubsection (5) applies if, under this section, section 328 stops applying, or does not apply, to a small customer’s qualifying generator that is a small photovoltaic generator.\nIt is a condition of the distribution entity’s distribution authority that, until a day (not later than 1 July 2028) prescribed under a regulation, the distribution entity credit against the charges payable by a small customer for the premises, for customer connection services provided to the small customer in a relevant supply period, the prescribed credit amount for electricity mentioned in section 44A(1)(b).\nThe condition stated in subsection (5) no longer applies. The Electricity Regulation 2006 , section 30AA, as it was in force immediately before 1 July 2014, prescribed 30 June 2014 as the day until which a distribution entity was required to comply with subsection (5).\nIn this section—\nqualifying generator has the same meaning as that term has under section 328(2).\ns 335 ins 2012 No. 29 s 7\namd 2014 No. 31 s 14\n(sec.335-ssec.1) Section 328 stops applying to a small customer’s qualifying generator mentioned in section 328(1)(a) or (b) that is connected at the small customer’s premises to a distribution entity’s supply network if the name on an electricity account for the premises is changed to another person. The premises are sold or rented out.\n(sec.335-ssec.2) Subsection (1) does not apply if the name on the electricity account is changed to a person whose spouse was a small customer for the premises immediately before the person became a small customer for the premises.\n(sec.335-ssec.3) Section 328 does not apply to a small customer’s qualifying generator mentioned in section 328(1)(b) that is connected at the small customer’s premises to a distribution entity’s supply network if— the qualifying generator has not been connected at the premises to the network by the end of 30 June 2013; or the qualifying generator has not been ready to be connected at the premises to the supply network by the end of 30 June 2013.\n(sec.335-ssec.4) Subsection (5) applies if, under this section, section 328 stops applying, or does not apply, to a small customer’s qualifying generator that is a small photovoltaic generator.\n(sec.335-ssec.5) It is a condition of the distribution entity’s distribution authority that, until a day (not later than 1 July 2028) prescribed under a regulation, the distribution entity credit against the charges payable by a small customer for the premises, for customer connection services provided to the small customer in a relevant supply period, the prescribed credit amount for electricity mentioned in section 44A(1)(b). The condition stated in subsection (5) no longer applies. The Electricity Regulation 2006 , section 30AA, as it was in force immediately before 1 July 2014, prescribed 30 June 2014 as the day until which a distribution entity was required to comply with subsection (5).\n(sec.335-ssec.6) In this section— qualifying generator has the same meaning as that term has under section 328(2).\n- (a) the qualifying generator has not been connected at the premises to the network by the end of 30 June 2013; or\n- (b) the qualifying generator has not been ready to be connected at the premises to the supply network by the end of 30 June 2013.","sortOrder":1041},{"sectionNumber":"ch.14-pt.15","sectionType":"part","heading":"Transitional provisions for Energy and Water Legislation Amendment Act 2013","content":"# Transitional provisions for Energy and Water Legislation Amendment Act 2013","sortOrder":1042},{"sectionNumber":"ch.14-pt.15-div.1","sectionType":"division","heading":"Repeal of Clean Energy Act 2008","content":"## Repeal of Clean Energy Act 2008","sortOrder":1043},{"sectionNumber":"sec.336","sectionType":"section","heading":"Repeal","content":"### sec.336 Repeal\n\nThe Clean Energy Act 2008 , No. 33 is repealed.\ns 336 ins 2013 No. 42 s 34","sortOrder":1044},{"sectionNumber":"ch.14-pt.15-div.2","sectionType":"division","heading":"Transitional provisions for repeal of Clean Energy Act 2008","content":"## Transitional provisions for repeal of Clean Energy Act 2008","sortOrder":1045},{"sectionNumber":"sec.337","sectionType":"section","heading":"Definitions for div 2","content":"### sec.337 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of this section.\nrepealed Act means the repealed Clean Energy Act 2008 , as in force immediately before its repeal.\ns 337 ins 2013 No. 42 s 34","sortOrder":1046},{"sectionNumber":"sec.338","sectionType":"section","heading":"Existing applications","content":"### sec.338 Existing applications\n\nThis section applies if—\nan application was made before the commencement under a provision of the repealed Act; and\nthe application has not, at the commencement, been finally dealt with.\nThe application is of no effect and is taken never to have been made.\ns 338 ins 2013 No. 42 s 34\n(sec.338-ssec.1) This section applies if— an application was made before the commencement under a provision of the repealed Act; and the application has not, at the commencement, been finally dealt with.\n(sec.338-ssec.2) The application is of no effect and is taken never to have been made.\n- (a) an application was made before the commencement under a provision of the repealed Act; and\n- (b) the application has not, at the commencement, been finally dealt with.","sortOrder":1047},{"sectionNumber":"sec.339","sectionType":"section","heading":"Offence proceedings","content":"### sec.339 Offence proceedings\n\nThis section applies to a proceeding for an offence against the repealed Act that was started before the commencement but has not been finally decided at the commencement.\nThe proceeding ends and no further step may be taken in relation to it.\ns 339 ins 2013 No. 42 s 34\n(sec.339-ssec.1) This section applies to a proceeding for an offence against the repealed Act that was started before the commencement but has not been finally decided at the commencement.\n(sec.339-ssec.2) The proceeding ends and no further step may be taken in relation to it.","sortOrder":1048},{"sectionNumber":"sec.340","sectionType":"section","heading":"No offence proceeding to be started after commencement","content":"### sec.340 No offence proceeding to be started after commencement\n\nA proceeding for an offence against the repealed Act can not be started from the commencement.\ns 340 ins 2013 No. 42 s 34","sortOrder":1049},{"sectionNumber":"sec.341","sectionType":"section","heading":"Existing entitlement to apply for internal review","content":"### sec.341 Existing entitlement to apply for internal review\n\nThis section applies if, immediately before the commencement, a person—\nwas entitled to apply under section 28 of the repealed Act for an internal review of a decision (the decision ) of the regulator; and\nhas not applied.\nThe person can not apply for an internal review of the regulator’s decision.\ns 341 ins 2013 No. 42 s 34\n(sec.341-ssec.1) This section applies if, immediately before the commencement, a person— was entitled to apply under section 28 of the repealed Act for an internal review of a decision (the decision ) of the regulator; and has not applied.\n(sec.341-ssec.2) The person can not apply for an internal review of the regulator’s decision.\n- (a) was entitled to apply under section 28 of the repealed Act for an internal review of a decision (the decision ) of the regulator; and\n- (b) has not applied.","sortOrder":1050},{"sectionNumber":"sec.342","sectionType":"section","heading":"Existing proceedings for external review","content":"### sec.342 Existing proceedings for external review\n\nThis section applies if—\nbefore the commencement, a proceeding was started in QCAT for review of a review decision; and\nat the commencement, QCAT has not finally decided the proceeding.\nThe proceeding ends and no further step may be taken in relation to it.\nHowever, QCAT may make an order under the QCAT Act about the costs incurred for the proceeding before the commencement.\ns 342 ins 2013 No. 42 s 34\n(sec.342-ssec.1) This section applies if— before the commencement, a proceeding was started in QCAT for review of a review decision; and at the commencement, QCAT has not finally decided the proceeding.\n(sec.342-ssec.2) The proceeding ends and no further step may be taken in relation to it.\n(sec.342-ssec.3) However, QCAT may make an order under the QCAT Act about the costs incurred for the proceeding before the commencement.\n- (a) before the commencement, a proceeding was started in QCAT for review of a review decision; and\n- (b) at the commencement, QCAT has not finally decided the proceeding.","sortOrder":1051},{"sectionNumber":"sec.343","sectionType":"section","heading":"Existing entitlement to apply for external review","content":"### sec.343 Existing entitlement to apply for external review\n\nThis section applies if, immediately before the commencement, a person—\nwas entitled under section 31 of the repealed Act to apply to QCAT for a review of a review decision; and\nhas not applied.\nThe person can not apply to QCAT for a review of the review decision.\ns 343 ins 2013 No. 42 s 34\n(sec.343-ssec.1) This section applies if, immediately before the commencement, a person— was entitled under section 31 of the repealed Act to apply to QCAT for a review of a review decision; and has not applied.\n(sec.343-ssec.2) The person can not apply to QCAT for a review of the review decision.\n- (a) was entitled under section 31 of the repealed Act to apply to QCAT for a review of a review decision; and\n- (b) has not applied.","sortOrder":1052},{"sectionNumber":"ch.14-pt.15-div.3","sectionType":"division","heading":"Transitional provisions for expiry of chapter 5A","content":"## Transitional provisions for expiry of chapter 5A","sortOrder":1053},{"sectionNumber":"sec.344","sectionType":"section","heading":"Definitions for div 3","content":"### sec.344 Definitions for div 3\n\nIn this division—\nexpiry means the expiry of chapter 5A under former section 135JW.\nformer , in relation to a provision of this Act, means the provision as in force immediately before the expiry.\npre-expiry matter means any of the following matters occurring or arising under former chapter 5A before the expiry—\nthe giving of, or the obligation to give, an annual fee or an annual return to the regulator;\nthe assessment or meeting of a liable person’s annual GEC liability for a liable year;\nthe giving of, or the obligation to give, a self-assessment report to the regulator;\nthe identification of the liable person for a liable load;\nan application for a liable load exemption;\nan application to amend a liable load exemption;\nthe payment of fees for, or costs arising from, an application made under former chapter 5A;\nanything done or not done under former chapter 5A relating to a matter mentioned in paragraphs (a) to (g).\ns 344 ins 2013 No. 42 s 34\n- (a) the giving of, or the obligation to give, an annual fee or an annual return to the regulator;\n- (b) the assessment or meeting of a liable person’s annual GEC liability for a liable year;\n- (c) the giving of, or the obligation to give, a self-assessment report to the regulator;\n- (d) the identification of the liable person for a liable load;\n- (e) an application for a liable load exemption;\n- (f) an application to amend a liable load exemption;\n- (g) the payment of fees for, or costs arising from, an application made under former chapter 5A;\n- (h) anything done or not done under former chapter 5A relating to a matter mentioned in paragraphs (a) to (g).","sortOrder":1054},{"sectionNumber":"sec.345","sectionType":"section","heading":"Words have meaning given by former chapter 5A","content":"### sec.345 Words have meaning given by former chapter 5A\n\nWords defined in former chapter 5A and used in this division have the same meanings as they had under the former chapter.\ns 345 ins 2013 No. 42 s 34","sortOrder":1055},{"sectionNumber":"sec.346","sectionType":"section","heading":"No compensation etc.","content":"### sec.346 No compensation etc.\n\nNo amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the enactment, amendment, operation, expiry or repeal of former chapter 5A.\ns 346 ins 2013 No. 42 s 34","sortOrder":1056},{"sectionNumber":"sec.347","sectionType":"section","heading":"Saving provision for pre-expiry matters","content":"### sec.347 Saving provision for pre-expiry matters\n\nA former provision mentioned in subsection (2) continues to apply as if the provision had not expired for rights, privileges, liabilities and obligations that would have been acquired, accrued, imposed or incurred on or after the expiry relating to a pre-expiry matter.\nFor subsection (1), the former provisions are as follows—\nformer chapter 5A, other than former section 135FO;\nformer schedule 1, part 2;\nformer chapter 6 of the Electricity Regulation 2006 ;\nformer schedule 7 , part 2 of the Electricity Regulation 2006 .\nSubsection (1) is subject to sections 348 and 349.\nWithout limiting subsection (1), a provision of former chapter 5A providing for an offence continues to apply for anything done or not done on or after the expiry relating to a pre-expiry matter.\ns 347 ins 2013 No. 42 s 34\n(sec.347-ssec.1) A former provision mentioned in subsection (2) continues to apply as if the provision had not expired for rights, privileges, liabilities and obligations that would have been acquired, accrued, imposed or incurred on or after the expiry relating to a pre-expiry matter.\n(sec.347-ssec.2) For subsection (1), the former provisions are as follows— former chapter 5A, other than former section 135FO; former schedule 1, part 2; former chapter 6 of the Electricity Regulation 2006 ; former schedule 7 , part 2 of the Electricity Regulation 2006 .\n(sec.347-ssec.3) Subsection (1) is subject to sections 348 and 349.\n(sec.347-ssec.4) Without limiting subsection (1), a provision of former chapter 5A providing for an offence continues to apply for anything done or not done on or after the expiry relating to a pre-expiry matter.\n- (a) former chapter 5A, other than former section 135FO;\n- (b) former schedule 1, part 2;\n- (c) former chapter 6 of the Electricity Regulation 2006 ;\n- (d) former schedule 7 , part 2 of the Electricity Regulation 2006 .","sortOrder":1057},{"sectionNumber":"sec.348","sectionType":"section","heading":"GECs have no value after expiry","content":"### sec.348 GECs have no value after expiry\n\nTo remove any doubt, it is declared that—\na GEC in force immediately before the expiry—\nexpires on the expiry; and\nhas no value and is of no effect; and\na GEC created but not registered immediately before the expiry—\ncan not be registered; and\nhas no value and is of no effect; and\na transfer of a GEC that has been started but has not, immediately before the commencement, taken effect, can not be completed.\ns 348 ins 2013 No. 42 s 34\n- (a) a GEC in force immediately before the expiry— (i) expires on the expiry; and (ii) has no value and is of no effect; and\n- (i) expires on the expiry; and\n- (ii) has no value and is of no effect; and\n- (b) a GEC created but not registered immediately before the expiry— (i) can not be registered; and (ii) has no value and is of no effect; and\n- (i) can not be registered; and\n- (ii) has no value and is of no effect; and\n- (c) a transfer of a GEC that has been started but has not, immediately before the commencement, taken effect, can not be completed.\n- (i) expires on the expiry; and\n- (ii) has no value and is of no effect; and\n- (i) can not be registered; and\n- (ii) has no value and is of no effect; and","sortOrder":1058},{"sectionNumber":"sec.349","sectionType":"section","heading":"Liability of particular persons for civil penalty","content":"### sec.349 Liability of particular persons for civil penalty\n\nThis section applies if—\nbefore the expiry, a person (the applicant ) made an application (the review application ) under chapter 10 for—\nan internal review of a relevant decision of the regulator; or\nan external review by QCAT of a decision made under section 218 relating to a relevant decision of the regulator; and\nat the expiry, the review application has not been finally dealt with.\nThe review application must be decided or otherwise dealt with under chapter 10.\nFor the purposes of subsection (2)—\nthis Act as in force immediately before the expiry continues to apply; and\nif the applicant is unsuccessful in the review application, the applicant is liable for the civil penalty under former section 135EY.\nHowever, the regulator may, if the regulator considers it reasonable to do so, impose a civil penalty of an amount less than the amount of the civil penalty calculated under former section 135F.\nIn this section—\nrelevant decision , of the regulator, means a decision of the regulator mentioned in former schedule 1, part 2, division 2.\ns 349 ins 2013 No. 42 s 34\n(sec.349-ssec.1) This section applies if— before the expiry, a person (the applicant ) made an application (the review application ) under chapter 10 for— an internal review of a relevant decision of the regulator; or an external review by QCAT of a decision made under section 218 relating to a relevant decision of the regulator; and at the expiry, the review application has not been finally dealt with.\n(sec.349-ssec.2) The review application must be decided or otherwise dealt with under chapter 10.\n(sec.349-ssec.3) For the purposes of subsection (2)— this Act as in force immediately before the expiry continues to apply; and if the applicant is unsuccessful in the review application, the applicant is liable for the civil penalty under former section 135EY.\n(sec.349-ssec.4) However, the regulator may, if the regulator considers it reasonable to do so, impose a civil penalty of an amount less than the amount of the civil penalty calculated under former section 135F.\n(sec.349-ssec.5) In this section— relevant decision , of the regulator, means a decision of the regulator mentioned in former schedule 1, part 2, division 2.\n- (a) before the expiry, a person (the applicant ) made an application (the review application ) under chapter 10 for— (i) an internal review of a relevant decision of the regulator; or (ii) an external review by QCAT of a decision made under section 218 relating to a relevant decision of the regulator; and\n- (i) an internal review of a relevant decision of the regulator; or\n- (ii) an external review by QCAT of a decision made under section 218 relating to a relevant decision of the regulator; and\n- (b) at the expiry, the review application has not been finally dealt with.\n- (i) an internal review of a relevant decision of the regulator; or\n- (ii) an external review by QCAT of a decision made under section 218 relating to a relevant decision of the regulator; and\n- (a) this Act as in force immediately before the expiry continues to apply; and\n- (b) if the applicant is unsuccessful in the review application, the applicant is liable for the civil penalty under former section 135EY.","sortOrder":1059},{"sectionNumber":"sec.350","sectionType":"section","heading":"Monitoring","content":"### sec.350 Monitoring\n\nFor monitoring whether an auditable person complied, before the expiry, with a matter relevant to former chapter 5A—\na person may apply under former section 135IH to the regulator for appointment as an approved auditor; and\nthe regulator may, under former section 135IF, appoint a person as an approved auditor; and\nan appointment of a person as an approved auditor under former section 135IF in force immediately before the expiry continues in force until it is ended under former chapter 5A; and\nthe regulator may, under former section 135IP, require an auditable person to commission an approved auditor to carry out an audit; and\nthe regulator may, under former section 135IT, commission an approved auditor to carry out an audit; and\nformer section 135BC, former chapter 5A, part 7 and part 8, divisions 4 and 5, and former chapter 6 , part 2 of the Electricity Regulation 2006 , continue to apply in relation to—\napproved auditors; and\nauditable persons; and\nthe regulator.\ns 350 ins 2013 No. 42 s 34\n- (a) a person may apply under former section 135IH to the regulator for appointment as an approved auditor; and\n- (b) the regulator may, under former section 135IF, appoint a person as an approved auditor; and\n- (c) an appointment of a person as an approved auditor under former section 135IF in force immediately before the expiry continues in force until it is ended under former chapter 5A; and\n- (d) the regulator may, under former section 135IP, require an auditable person to commission an approved auditor to carry out an audit; and\n- (e) the regulator may, under former section 135IT, commission an approved auditor to carry out an audit; and\n- (f) former section 135BC, former chapter 5A, part 7 and part 8, divisions 4 and 5, and former chapter 6 , part 2 of the Electricity Regulation 2006 , continue to apply in relation to— (i) approved auditors; and (ii) auditable persons; and (iii) the regulator.\n- (i) approved auditors; and\n- (ii) auditable persons; and\n- (iii) the regulator.\n- (i) approved auditors; and\n- (ii) auditable persons; and\n- (iii) the regulator.","sortOrder":1060},{"sectionNumber":"ch.14-pt.16","sectionType":"part","heading":"Transitional provision for Electricity and Other Legislation Amendment Act 2014","content":"# Transitional provision for Electricity and Other Legislation Amendment Act 2014","sortOrder":1061},{"sectionNumber":"sec.351","sectionType":"section","heading":"First feed-in tariff decision","content":"### sec.351 First feed-in tariff decision\n\nDespite section 94, the first feed-in tariff must be announced and published under that section at least 2 weeks before it is to apply.\ns 351 ins 2014 No. 31 s 15","sortOrder":1062},{"sectionNumber":"ch.14-pt.17","sectionType":"part","heading":"Transitional provisions for Electricity Competition and Protection Legislation Amendment Act 2014","content":"# Transitional provisions for Electricity Competition and Protection Legislation Amendment Act 2014","sortOrder":1063},{"sectionNumber":"sec.352","sectionType":"section","heading":"Generation authorities","content":"### sec.352 Generation authorities\n\nThis section applies if, immediately before the commencement, a generation authority authorised the sale of electricity.\nThe generation authority is taken to have been amended to remove the authorisation for the sale of electricity.\ns 352 ins 2014 No. 48 s 94\n(sec.352-ssec.1) This section applies if, immediately before the commencement, a generation authority authorised the sale of electricity.\n(sec.352-ssec.2) The generation authority is taken to have been amended to remove the authorisation for the sale of electricity.","sortOrder":1064},{"sectionNumber":"sec.353","sectionType":"section","heading":"Customer connection services","content":"### sec.353 Customer connection services\n\nThis section applies if—\nbefore the commencement, a customer and a distribution entity—\nare taken to have entered into a standard connection contract under section 40DB as in force immediately before the commencement; or\nhave entered into a negotiated connection contract under section 40DC as in force immediately before the commencement; and\nat the commencement, the customer’s premises are not physically connected to the distribution entity’s supply network.\nSections 40E, 40H and 41 and the Electricity Regulation 2006 , section 34 , as in force immediately before the commencement, to the extent they apply to the construction of a new connection, continue to apply to the construction of the connection.\nHowever, chapter 5A of the National Electricity Rules does not apply to the construction of the connection.\ns 353 ins 2014 No. 48 s 94\n(sec.353-ssec.1) This section applies if— before the commencement, a customer and a distribution entity— are taken to have entered into a standard connection contract under section 40DB as in force immediately before the commencement; or have entered into a negotiated connection contract under section 40DC as in force immediately before the commencement; and at the commencement, the customer’s premises are not physically connected to the distribution entity’s supply network.\n(sec.353-ssec.2) Sections 40E, 40H and 41 and the Electricity Regulation 2006 , section 34 , as in force immediately before the commencement, to the extent they apply to the construction of a new connection, continue to apply to the construction of the connection.\n(sec.353-ssec.3) However, chapter 5A of the National Electricity Rules does not apply to the construction of the connection.\n- (a) before the commencement, a customer and a distribution entity— (i) are taken to have entered into a standard connection contract under section 40DB as in force immediately before the commencement; or (ii) have entered into a negotiated connection contract under section 40DC as in force immediately before the commencement; and\n- (i) are taken to have entered into a standard connection contract under section 40DB as in force immediately before the commencement; or\n- (ii) have entered into a negotiated connection contract under section 40DC as in force immediately before the commencement; and\n- (b) at the commencement, the customer’s premises are not physically connected to the distribution entity’s supply network.\n- (i) are taken to have entered into a standard connection contract under section 40DB as in force immediately before the commencement; or\n- (ii) have entered into a negotiated connection contract under section 40DC as in force immediately before the commencement; and","sortOrder":1065},{"sectionNumber":"sec.354","sectionType":"section","heading":"Undecided retail authority applications","content":"### sec.354 Undecided retail authority applications\n\nThis section applies if, before the commencement, a person applied to the regulator for a retail authority but the application had not yet been decided.\nThe application lapses.\nThe person may be able to apply for a retailer authorisation under the NERL (Qld).\ns 354 ins 2014 No. 48 s 94\n(sec.354-ssec.1) This section applies if, before the commencement, a person applied to the regulator for a retail authority but the application had not yet been decided.\n(sec.354-ssec.2) The application lapses. The person may be able to apply for a retailer authorisation under the NERL (Qld).","sortOrder":1066},{"sectionNumber":"sec.355","sectionType":"section","heading":"Existing retail authorities","content":"### sec.355 Existing retail authorities\n\nThis section applies if, immediately before the commencement, a person was the holder of a retail authority.\nThe retail authority ceases to have effect.\nThe retail sale of electricity is regulated under the NERL (Qld).\ns 355 ins 2014 No. 48 s 94\n(sec.355-ssec.1) This section applies if, immediately before the commencement, a person was the holder of a retail authority.\n(sec.355-ssec.2) The retail authority ceases to have effect. The retail sale of electricity is regulated under the NERL (Qld).","sortOrder":1067},{"sectionNumber":"sec.356","sectionType":"section","heading":"Special approvals","content":"### sec.356 Special approvals\n\nSubsection (2) applies if, immediately before the commencement, a special approval authorised only either of the following—\nthe sale of electricity;\nthe provision of customer retail services.\nThe special approval ceases to have effect.\nSubsection (4) applies if, immediately before the commencement, a special approval authorised—\neither—\nthe sale of electricity; or\nthe provision of customer retail services; and\nthe performance of other activities under the approval.\nThe special approval is taken to have been amended to remove the authorisation for the sale of electricity or the provision of customer retail services.\ns 356 ins 2014 No. 48 s 94\n(sec.356-ssec.1) Subsection (2) applies if, immediately before the commencement, a special approval authorised only either of the following— the sale of electricity; the provision of customer retail services.\n(sec.356-ssec.2) The special approval ceases to have effect.\n(sec.356-ssec.3) Subsection (4) applies if, immediately before the commencement, a special approval authorised— either— the sale of electricity; or the provision of customer retail services; and the performance of other activities under the approval.\n(sec.356-ssec.4) The special approval is taken to have been amended to remove the authorisation for the sale of electricity or the provision of customer retail services.\n- (a) the sale of electricity;\n- (b) the provision of customer retail services.\n- (a) either— (i) the sale of electricity; or (ii) the provision of customer retail services; and\n- (i) the sale of electricity; or\n- (ii) the provision of customer retail services; and\n- (b) the performance of other activities under the approval.\n- (i) the sale of electricity; or\n- (ii) the provision of customer retail services; and","sortOrder":1068},{"sectionNumber":"sec.357","sectionType":"section","heading":"QCA industry codes","content":"### sec.357 QCA industry codes\n\nThis section applies if, before the commencement, the QCA made an industry code, or made an amendment to an industry code, but had not given the Minister a copy of the code or the amendment.\nChapter 5, part 1A, divisions 3 and 5, as in force immediately before the commencement, continue to apply to the making of the industry code, or the making of an amendment to the industry code.\ns 357 ins 2014 No. 48 s 94\n(sec.357-ssec.1) This section applies if, before the commencement, the QCA made an industry code, or made an amendment to an industry code, but had not given the Minister a copy of the code or the amendment.\n(sec.357-ssec.2) Chapter 5, part 1A, divisions 3 and 5, as in force immediately before the commencement, continue to apply to the making of the industry code, or the making of an amendment to the industry code.","sortOrder":1069},{"sectionNumber":"sec.358","sectionType":"section","heading":"Continuation of actions by QCA","content":"### sec.358 Continuation of actions by QCA\n\nThis section applies if, before the commencement—\nQCA has given a warning notice under section 120S as in force immediately before the commencement to an electricity entity; or\nQCA has given a code contravention notice under section 120V as in force immediately before the commencement to an electricity entity; or\nQCA has, under section 120X as in force immediately before the commencement, applied to the Supreme Court for a civil penalty order in relation to an electricity entity; or\nQCA has, under chapter 5, part 1A, division 6, subdivision 3 as in force immediately before the commencement, referred a matter to the regulator; or\nQCA has given an electricity entity a notice, under section 120ZE as in force immediately before the commencement, to produce documents or information; or\nQCA has, under section 120ZH(1) as in force immediately before the commencement, required an electricity entity to carry out an internal audit or to appoint an independent auditor.\nQCA may continue to take action under chapter 5, part 1A as in force immediately before the commencement.\ns 358 ins 2014 No. 48 s 94\n(sec.358-ssec.1) This section applies if, before the commencement— QCA has given a warning notice under section 120S as in force immediately before the commencement to an electricity entity; or QCA has given a code contravention notice under section 120V as in force immediately before the commencement to an electricity entity; or QCA has, under section 120X as in force immediately before the commencement, applied to the Supreme Court for a civil penalty order in relation to an electricity entity; or QCA has, under chapter 5, part 1A, division 6, subdivision 3 as in force immediately before the commencement, referred a matter to the regulator; or QCA has given an electricity entity a notice, under section 120ZE as in force immediately before the commencement, to produce documents or information; or QCA has, under section 120ZH(1) as in force immediately before the commencement, required an electricity entity to carry out an internal audit or to appoint an independent auditor.\n(sec.358-ssec.2) QCA may continue to take action under chapter 5, part 1A as in force immediately before the commencement.\n- (a) QCA has given a warning notice under section 120S as in force immediately before the commencement to an electricity entity; or\n- (b) QCA has given a code contravention notice under section 120V as in force immediately before the commencement to an electricity entity; or\n- (c) QCA has, under section 120X as in force immediately before the commencement, applied to the Supreme Court for a civil penalty order in relation to an electricity entity; or\n- (d) QCA has, under chapter 5, part 1A, division 6, subdivision 3 as in force immediately before the commencement, referred a matter to the regulator; or\n- (e) QCA has given an electricity entity a notice, under section 120ZE as in force immediately before the commencement, to produce documents or information; or\n- (f) QCA has, under section 120ZH(1) as in force immediately before the commencement, required an electricity entity to carry out an internal audit or to appoint an independent auditor.","sortOrder":1070},{"sectionNumber":"sec.359","sectionType":"section","heading":"Limited continuation of disciplinary action by regulator","content":"### sec.359 Limited continuation of disciplinary action by regulator\n\nThis section applies if the regulator has, under chapter 5, part 4, started to take disciplinary action against an electricity entity.\nThe Act , as in force immediately before the commencement, continues to apply to the matter unless the matter relates to the cancellation, suspension or amendment of a retail authority.\ns 359 ins 2014 No. 48 s 94\n(sec.359-ssec.1) This section applies if the regulator has, under chapter 5, part 4, started to take disciplinary action against an electricity entity.\n(sec.359-ssec.2) The Act , as in force immediately before the commencement, continues to apply to the matter unless the matter relates to the cancellation, suspension or amendment of a retail authority.","sortOrder":1071},{"sectionNumber":"ch.14-pt.18","sectionType":"part","heading":"Transitional provision for Electricity and Other Legislation (Batteries and Premium Feed-in Tariff) Amendment Act 2018","content":"# Transitional provision for Electricity and Other Legislation (Batteries and Premium Feed-in Tariff) Amendment Act 2018","sortOrder":1072},{"sectionNumber":"sec.360","sectionType":"section","heading":"Application of s 44A","content":"### sec.360 Application of s 44A\n\nDespite section 328, section 44A(1A), (1B) and (6) applies in relation to a qualifying customer who is a small customer mentioned in section 328.\nSection 44A(1A)(a) does not apply in relation to a qualifying customer for an oversizing modification of a qualifying generator made before the commencement.\nSection 44A(1A)(b) does not apply in relation to a qualifying customer if the customer—\ninstalled the electricity storage device before the commencement; or\nentered into a contract for the installation of the electricity storage device before the commencement, and the device is installed after the commencement.\nSection 44A(1A)(c) does not apply in relation to a qualifying customer if the customer—\ninstalled the additional generator before the commencement; or\nentered into a contract for the installation of the additional generator before the commencement, and the generator is installed after the commencement.\nIn this section—\noversizing modification , of a qualifying generator, means a modification of the generator so it becomes, or continues to be, a generator described in section 44A(1A)(a).\ns 360 ins 2018 No. 22 s 6 (retro)\n(sec.360-ssec.1) Despite section 328, section 44A(1A), (1B) and (6) applies in relation to a qualifying customer who is a small customer mentioned in section 328.\n(sec.360-ssec.2) Section 44A(1A)(a) does not apply in relation to a qualifying customer for an oversizing modification of a qualifying generator made before the commencement.\n(sec.360-ssec.3) Section 44A(1A)(b) does not apply in relation to a qualifying customer if the customer— installed the electricity storage device before the commencement; or entered into a contract for the installation of the electricity storage device before the commencement, and the device is installed after the commencement.\n(sec.360-ssec.4) Section 44A(1A)(c) does not apply in relation to a qualifying customer if the customer— installed the additional generator before the commencement; or entered into a contract for the installation of the additional generator before the commencement, and the generator is installed after the commencement.\n(sec.360-ssec.5) In this section— oversizing modification , of a qualifying generator, means a modification of the generator so it becomes, or continues to be, a generator described in section 44A(1A)(a).\n- (a) installed the electricity storage device before the commencement; or\n- (b) entered into a contract for the installation of the electricity storage device before the commencement, and the device is installed after the commencement.\n- (a) installed the additional generator before the commencement; or\n- (b) entered into a contract for the installation of the additional generator before the commencement, and the generator is installed after the commencement.","sortOrder":1073},{"sectionNumber":"ch.14-pt.19","sectionType":"part","heading":"Transitional provision for Energy (Renewable Transformation and Jobs) Act 2024","content":"# Transitional provision for Energy (Renewable Transformation and Jobs) Act 2024","sortOrder":1074},{"sectionNumber":"sec.361","sectionType":"section","heading":"Social licence criteria do not apply for existing applications","content":"### sec.361 Social licence criteria do not apply for existing applications\n\nThis section applies to an application for any of the following made but not decided under this Act before the commencement—\nthe issue of a generation authority;\nthe transfer of a generation authority;\na special approval;\nthe transfer of a special approval.\nThe application must be decided under this Act as in force immediately before the commencement as if the Energy (Renewable Transformation and Jobs) Act 2024 had not been enacted.\ns 361 ins 2024 No. 15 s 184F\n(sec.361-ssec.1) This section applies to an application for any of the following made but not decided under this Act before the commencement— the issue of a generation authority; the transfer of a generation authority; a special approval; the transfer of a special approval.\n(sec.361-ssec.2) The application must be decided under this Act as in force immediately before the commencement as if the Energy (Renewable Transformation and Jobs) Act 2024 had not been enacted.\n- (a) the issue of a generation authority;\n- (b) the transfer of a generation authority;\n- (c) a special approval;\n- (d) the transfer of a special approval.","sortOrder":1075},{"sectionNumber":"ch.14-pt.20","sectionType":"part","heading":"Validation provision for Mineral and Energy Resources and Other Legislation Amendment Act 2024","content":"# Validation provision for Mineral and Energy Resources and Other Legislation Amendment Act 2024","sortOrder":1076},{"sectionNumber":"sec.362","sectionType":"section","heading":"Validation of acquisitions of land","content":"### sec.362 Validation of acquisitions of land\n\nThis section applies if—\nbefore the commencement, land was taken by an authorised electricity entity under former section 116; and\nthe taking of land would have been valid and lawful if it had been made after the commencement of new section 116.\nThe taking of land by the authorised electricity entity is taken to be, and always to have been, valid and lawful.\nAlso, anything done or purportedly done as a result of, or in reliance on, the taking of the land is taken to be, and always to have been, as valid and lawful as it would have been if, at the time it was done, new section 116 had been in force.\nTo remove any doubt, it is declared that subsection (2) applies even if another entity has derived a benefit from any action taken on the land after it was taken.\nIn this section—\nformer section 116 means section 116 as in force before the commencement.\nnew section 116 means section 116 as in force on the commencement.\ns 362 ins 2024 No. 33 s 5\n(sec.362-ssec.1) This section applies if— before the commencement, land was taken by an authorised electricity entity under former section 116; and the taking of land would have been valid and lawful if it had been made after the commencement of new section 116.\n(sec.362-ssec.2) The taking of land by the authorised electricity entity is taken to be, and always to have been, valid and lawful.\n(sec.362-ssec.3) Also, anything done or purportedly done as a result of, or in reliance on, the taking of the land is taken to be, and always to have been, as valid and lawful as it would have been if, at the time it was done, new section 116 had been in force.\n(sec.362-ssec.4) To remove any doubt, it is declared that subsection (2) applies even if another entity has derived a benefit from any action taken on the land after it was taken.\n(sec.362-ssec.5) In this section— former section 116 means section 116 as in force before the commencement. new section 116 means section 116 as in force on the commencement.\n- (a) before the commencement, land was taken by an authorised electricity entity under former section 116; and\n- (b) the taking of land would have been valid and lawful if it had been made after the commencement of new section 116.","sortOrder":1077},{"sectionNumber":"ch.14-pt.21","sectionType":"part","heading":"Validation of transfers of particular generation authority","content":"# Validation of transfers of particular generation authority","sortOrder":1078},{"sectionNumber":"sec.363","sectionType":"section","heading":"Transfer dated 14 June 2024","content":"### sec.363 Transfer dated 14 June 2024\n\nThis section applies in relation to the transfer of generation authority G01/17 to Tilt Renewables Australia Pty Ltd ACN 101 038 331—\ndated on 14 June 2024; and\nstated to have effect from 26 June 2024.\nThe transfer is taken to be, and to have always been, validly made under this Act.\nAnything done or omitted to be done by a person as a result of, or in reliance on, the transfer is taken to be, and to have always been, as valid and lawful as it would be or would have been if, at the time it was done or omitted to be done, the transfer had been validly made under this Act.\nThe revocation of the transfer on 20 June 2025 is taken to be, and to have always been, validly made under this Act.\nNo compensation is payable by the State to any person because of the operation of this section.\ns 363 ins 2025 No. 15 s 8\n(sec.363-ssec.1) This section applies in relation to the transfer of generation authority G01/17 to Tilt Renewables Australia Pty Ltd ACN 101 038 331— dated on 14 June 2024; and stated to have effect from 26 June 2024.\n(sec.363-ssec.2) The transfer is taken to be, and to have always been, validly made under this Act.\n(sec.363-ssec.3) Anything done or omitted to be done by a person as a result of, or in reliance on, the transfer is taken to be, and to have always been, as valid and lawful as it would be or would have been if, at the time it was done or omitted to be done, the transfer had been validly made under this Act.\n(sec.363-ssec.4) The revocation of the transfer on 20 June 2025 is taken to be, and to have always been, validly made under this Act.\n(sec.363-ssec.5) No compensation is payable by the State to any person because of the operation of this section.\n- (a) dated on 14 June 2024; and\n- (b) stated to have effect from 26 June 2024.","sortOrder":1079},{"sectionNumber":"sec.364","sectionType":"section","heading":"Transfer dated 20 June 2025","content":"### sec.364 Transfer dated 20 June 2025\n\nThis section applies in relation to the transfer of generation authority G01/17 to Tilt Renewables Australia Pty Ltd ACN 101 038 331—\ndated on 20 June 2025; and\nstated to have effect from 20 June 2025.\nTo remove any doubt, it is declared that the transfer is taken to be, and to have always been, validly made under this Act.\ns 364 ins 2025 No. 15 s 8\n(sec.364-ssec.1) This section applies in relation to the transfer of generation authority G01/17 to Tilt Renewables Australia Pty Ltd ACN 101 038 331— dated on 20 June 2025; and stated to have effect from 20 June 2025.\n(sec.364-ssec.2) To remove any doubt, it is declared that the transfer is taken to be, and to have always been, validly made under this Act.\n- (a) dated on 20 June 2025; and\n- (b) stated to have effect from 20 June 2025.","sortOrder":1080},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Decisions about authorities and special approvals","content":"# Decisions about authorities and special approvals","sortOrder":1081},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Other decisions","content":"# Other decisions","sortOrder":1082},{"sectionNumber":"sch-pt","sectionType":"part","heading":"Gladstone Power Station Agreement Act 1993","content":"# Gladstone Power Station Agreement Act 1993","sortOrder":1083},{"sectionNumber":"sch-sec.2","sectionType":"section","heading":"Definitions","content":"### sch-sec.2 Definitions\n\nIn this Act—\nState agreement means the agreement made under section 3 , and the agreement as amended by a further agreement under section 5 or 6 .\ntransaction document has the meaning given in the State agreement.\nThese definitions are referred to in section 287A of this Act.","sortOrder":1084},{"sectionNumber":"sch-pt.1","sectionType":"part","heading":"State agreement","content":"# State agreement","sortOrder":1085},{"sectionNumber":"sch-sec.1","sectionType":"section","heading":"Definitions","content":"### sch-sec.1 Definitions\n\nIn this Agreement, unless the context otherwise requires or indicates—\nTransaction Document means each of—\nany Capacity Purchase Agreement; and\nthe Interconnection and Power Pooling Agreement; and\nthe Power Station Sale Agreement; and\nthe Ash Management Agreement; and\nthe Rail Haulage Agreement; and\nthe Curragh On-Sale Contract; and\nthe Seawater Usage Agreement; and\nthe Refurbishment and Testing Deed; and\nthe Inter Creditor Deed; and\nthe Participants Charge; and\nthe Callide Assignment Deed or the Callide On-Sale Contract, whichever is entered into; and\nany permitted variations of any of the documents mentioned in paragraphs (a) to (k).\n- (a) any Capacity Purchase Agreement; and\n- (b) the Interconnection and Power Pooling Agreement; and\n- (c) the Power Station Sale Agreement; and\n- (d) the Ash Management Agreement; and\n- (e) the Rail Haulage Agreement; and\n- (f) the Curragh On-Sale Contract; and\n- (g) the Seawater Usage Agreement; and\n- (h) the Refurbishment and Testing Deed; and\n- (i) the Inter Creditor Deed; and\n- (j) the Participants Charge; and\n- (k) the Callide Assignment Deed or the Callide On-Sale Contract, whichever is entered into; and\n- (l) any permitted variations of any of the documents mentioned in paragraphs (a) to (k).","sortOrder":1086},{"sectionNumber":"sch-pt-oc.2","sectionType":"part","heading":"Telecommunications Act 1997 (Cwlth)","content":"# Telecommunications Act 1997 (Cwlth)","sortOrder":1087},{"sectionNumber":"sch-sec.7","sectionType":"section","heading":"Definitions","content":"### sch-sec.7 Definitions\n\nIn this Act, unless the contrary intention appears:\ncarriage service means a service for carrying communications by means of guided and/or unguided electromagnetic energy.\ncontent service has the meaning given by section 15 .\nThese definitions are referred to in section 116B of this Act.","sortOrder":1088},{"sectionNumber":"sch-sec.15","sectionType":"section","heading":"Content service","content":"### sch-sec.15 Content service\n\nFor the purposes of this Act, a content service is:\na broadcasting service; or\nan on-line information service (for example, a dial-up information service); or\nan on-line entertainment service (for example, a video-on-demand service or an interactive computer game service); or\nany other on-line service (for example, an education service provided by a State or Territory government); or\na service of a kind specified in a determination made by the Minister for the purposes of this paragraph.\nThe Minister may make a written determination for the purposes of paragraph (1)(e).\nA determination made for the purposes of paragraph (1)(e) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .\nattach ins 1997 No. 50 s 36\n(sch-sec.15-ssec.1) For the purposes of this Act, a content service is: a broadcasting service; or an on-line information service (for example, a dial-up information service); or an on-line entertainment service (for example, a video-on-demand service or an interactive computer game service); or any other on-line service (for example, an education service provided by a State or Territory government); or a service of a kind specified in a determination made by the Minister for the purposes of this paragraph.\n(sch-sec.15-ssec.2) The Minister may make a written determination for the purposes of paragraph (1)(e).\n(sch-sec.15-ssec.3) A determination made for the purposes of paragraph (1)(e) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .\n- (a) a broadcasting service; or\n- (b) an on-line information service (for example, a dial-up information service); or\n- (c) an on-line entertainment service (for example, a video-on-demand service or an interactive computer game service); or\n- (d) any other on-line service (for example, an education service provided by a State or Territory government); or\n- (e) a service of a kind specified in a determination made by the Minister for the purposes of this paragraph.","sortOrder":1089}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original 1994 intent centred on establishing a competitive electricity market aligned with national reforms, regulating supply, protecting customers, and promoting efficiency (s.3). Its scope has grown substantially to encompass retail deregulation (ch.2 pt.6), solar photovoltaic incentives and battery storage (s.12, s.44A, s.55DB), on-supplier exemptions (s.20A–20R), light rail and rail-specific rules (s.20QA, s.20Q), detailed market monitoring (ch.4 pt.2), and interactions with the NERL (Qld) and National Electricity Rules. This expansion reflects broader industry changes beyond initial generation/transmission/distribution focus."},"complexity_factors":["Extensive definitions across s.4 to s.17 and Schedule 5, with nested explanations for terms like 'works', 'battery storage device', and 'electrical installation'","Heavy cross-references to the National Electricity Rules, NERL (Qld), National Electricity (Queensland) Law, and other statutes such as the Transport Infrastructure Act 1994 and Corporations Act","Multiple layers of conditions, exemptions (e.g., for on-suppliers in ch.1 pt.6, rail entities in s.20Q), and exceptions to exceptions in chapters on entities, works, and market operation","Conditional logic in sections like s.32, s.43 (connection on fair terms if technically/economically practicable), s.44A (solar feed-in credits with qualifiers for storage and oversizing), and s.90 (price determinations considering costs, competition, and GST)","Evolved structure with 14 chapters plus schedules, incorporating amendments for retail competition, renewables, and national reforms"],"plain_english_summary":"**The Electricity Act 1994** sets the rules for how electricity is produced, moved, and sold in Queensland. It creates a system that encourages efficient, cheap, and environmentally friendly electricity use. The act regulates companies involved in generating, transmitting, distributing, and selling power. It ensures customers are protected and promotes competition in the market. Key parts define terms like transmission grids (high-voltage networks linking power plants to local supplies) and supply networks (local wires delivering power to homes and businesses), outline duties for electricity companies, and include rules for things like connecting solar panels (with credits for excess power fed back into the grid), handling emergencies, and exempting certain users like railways. It matters because it affects everyone's access to reliable power, supports the shift to cleaner energy sources like batteries and solar, and balances business needs with customer rights and environmental goals."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original 1994 scope focused on establishing a framework for the Queensland electricity industry during national electricity market reform. Over time, the scope has materially expanded to include: consumer protections for on-suppliers and shared-premises electricity arrangements (2003); solar photovoltaic feed-in entitlements for small customers (2008, with subsequent amendments through 2018); explicit recognition of battery storage devices and reactive power compensation devices as regulated infrastructure (2024); exemptions for light rail operators (2011); and alignment with the National Energy Retail Law (NERL) customer framework. The shift from a primarily industry-licensing and infrastructure-access statute to one that also directly governs consumer-facing retail arrangements and renewable energy integration represents a significant broadening of original intent."},"complexity_factors":["Extensive cross-referencing to multiple external legislative frameworks (National Electricity Rules, National Electricity (Queensland) Law, NERL (Qld), National Energy Retail Rules, Transport Infrastructure Act 1994, Personal Property Securities Act 2009 (Cwlth), Energy and Water Ombudsman Act 2006, Gladstone Power Station Agreement Act 1993)","Multiple layers of licensing authority types (generation, transmission, distribution) each with their own distinct conditions and sub-conditions","Highly technical definitions requiring engineering knowledge (voltage, RMS values, reactive power compensation devices, battery storage devices, electric lines, substations)","Numerous amendments over 30 years (1994–2024) with many sections inserted and omitted, creating a complex legislative history that must be tracked to understand current operative provisions","Intricate exemption regime for on-suppliers, rail entities, light rail operators, and emergency situations, each with specific carve-outs and conditions","Solar feed-in tariff provisions (s.44A) with sunset clauses, eligibility conditions, cessation triggers, and reporting requirements creating significant complexity for small customers","Interaction between Queensland state law and Commonwealth/national regulatory frameworks requiring understanding of both levels of regulation","Provisions applying differently to government entities versus private entities, with limited Crown binding","Specific geographic and infrastructure definitions (e.g. Brisbane Airport Rail Link defined by reference to engineering drawings) embedded in legislation"],"plain_english_summary":"## Queensland Electricity Act 1994 — What It Does and Who It Affects\n\n### The Big Picture\nThis is Queensland's main law governing how electricity is generated, transmitted, distributed, and sold. Think of it as the rulebook for the entire Queensland electricity industry — from the power station to your home's power point.\n\n### Who Does It Affect?\n- **Everyday consumers (you):** Your rights as an electricity customer are protected. The Act ensures you can get connected to the grid, that electricity prices and services are regulated, and that your interests are considered.\n- **Power generators:** Companies that build and run power stations (including solar, wind, and battery storage) must hold a licence (called a *generation authority*) and follow strict technical and environmental rules.\n- **Network operators:** Companies that own the big high-voltage *transmission grid* (the long-distance power lines) or the local *supply networks* (the poles and wires in your street) must be licensed and must allow fair access to their infrastructure.\n- **On-suppliers:** If you live in a caravan park, strata complex, marina, hotel, or similar shared premises, your landlord or body corporate may be reselling electricity to you. The Act gives you rights — including the right to have your own electricity meter installed at your own cost.\n- **Railway and transport operators:** Special exemptions apply for rail companies supplying electricity for trains and signals.\n- **Solar panel owners:** If you have a small solar (photovoltaic) system, you have a legal right to connect it to the grid and receive a credit for excess electricity you feed back. This right is guaranteed until 1 July 2028.\n\n### Key Things the Act Does\n1. **Licences the industry:** Nobody can generate, transmit, or distribute electricity in Queensland without the right authority (licence). Each licence comes with strict conditions.\n2. **Protects fair access:** Power generators and distributors must allow other authorised parties to connect to their infrastructure on *fair and reasonable terms* — so one company can't block competitors from using the grid.\n3. **Supports a competitive market:** The Act is designed to work alongside national electricity market rules (called the *National Electricity Rules* and *National Energy Retail Rules*) to ensure competition and keep prices in check.\n4. **Recognises modern technology:** Recent updates (2024) now explicitly include battery storage systems (like home and grid-scale batteries) and reactive power compensation devices as part of the regulated electricity infrastructure.\n5. **Emergency powers:** The government can temporarily exempt people or organisations from parts of this Act during emergencies, but only for up to 6 months.\n6. **Environmental obligations:** All electricity industry participants must consider the environmental impact of their activities.\n\n### What This Means for You Day-to-Day\n- You have a right to be connected to the electricity grid.\n- If you're in a shared property, you can request your own electricity meter.\n- If you have solar panels, your distributor must allow you to connect them and credit you for power you send back to the grid (until 2028).\n- The Act works in the background to keep the lights on reliably, safely, and at reasonable cost."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.5","severity":"low","reasoning":"A definition that includes 'things like the thing being defined' adds no legal precision. Any novel phenomenon could be argued to be 'like or related' to electricity, making the definition infinitely expansive and unenforceable at its margins.","confidence":0.75,"description":"Electricity is defined as including 'electric current, electrical energy and like or related physical qualities.' The phrase 'like or related physical qualities' is circular and substantively meaningless — it defines electricity by reference to things that are like electricity, providing no real definitional boundary."},{"type":"self_contradicting","section":"sec.11","severity":"medium","reasoning":"Operating generating plant is quintessentially related to generation of electricity. If operating generating plant is an ancillary service because it ensures system stability, but ancillary services are by definition not directly related to generation, then the definition and the example are irreconcilable.","confidence":0.82,"description":"Ancillary services are defined as services 'not directly related to the generation and supply of electricity' but which ensure 'stable and secure operation of an electricity system.' The examples given — including 'operating generating and other plant to ensure the stable and secure operation of the system' — are directly related to generation and supply, contradicting the definitional premise."},{"type":"circular_definition","section":"sec.14","severity":"medium","reasoning":"The overlap between 'works' (sec.12) and 'electrical equipment' (sec.13) is not clearly resolved, particularly for meters. Section 14(2)(b) excludes 'works' from electrical installations, but meters appear in both categories. This undermines the definition of 'electrical installation' as applied to any metered premises.","confidence":0.72,"description":"Section 14(2)(b) requires that items of an electrical installation must not include items that are 'works'. However, section 12(1) defines 'works' as 'anything used for, or in association with, the generation, transmission or supply of electricity,' and specifically includes 'meters' in its examples. Section 14(1) defines an electrical installation as 'a group of items of electrical equipment,' and section 16A defines a meter as a device used for measuring electricity — which would be electrical equipment. This creates a situation where meters are simultaneously works (excluded from electrical installations) and electrical equipment (components of electrical installations), making it impossible to determine whether a metered installation is an electrical installation."},{"type":"self_contradicting","section":"sec.20I","severity":"medium","reasoning":"Section 20H permits installation without directions if reasonable. Section 20I(1)(c)(i) makes the absence of directions a trigger for the compensation framework even where installation was reasonable. Although sec.20I(4) gives courts discretion, the threshold conditions for applying the section include lawful conduct, creating a logical inconsistency between the empowering provision and the liability provision.","confidence":0.68,"description":"Section 20I(1)(c) triggers compensation liability when installation was done with no written direction given (subparagraph (i)), OR where it did not comply with reasonable written directions (subparagraph (ii)), OR where it was not done in a reasonable way (subparagraph (iii)). However, subparagraph (i) — the absence of any direction — is the very condition under which section 20H(2)(b) deems a reasonable installation to have valid effect. The compensation provision therefore paradoxically imposes liability for damage even when the receiver did exactly what the Act contemplates (installed without directions, in a reasonable manner), as long as damage results — creating a potential no-fault liability trap for a receiver acting lawfully."},{"type":"self_contradicting","section":"sec.20R","severity":"medium","reasoning":"Allowing an exemption to continue on breach of its own conditions undermines the purpose of imposing conditions. While the penalty provision offers some deterrence, the structural logic of an exemption that persists through non-compliance with its own terms is self-defeating.","confidence":0.78,"description":"Section 20R(1)(c) provides that a regulation may 'provide that the exemption ceases or continues if a condition of the exemption is contravened.' The option to 'continue' an exemption upon contravention of its conditions means a person who breaches the conditions of an exemption can remain exempt, while also being subject to a penalty under sec.20R(3) for contravening those conditions. This creates a perverse incentive where the exemption survives the breach that is simultaneously penalised."},{"type":"other","section":"sec.33","severity":"low","reasoning":"The broad exemption in sec.33(2) — including 'administrative purposes' — is poorly bounded and could render the prohibition in sec.33(1) unenforceable in practice, particularly where a commercially motivated entity characterises transactions as operationally necessary.","confidence":0.65,"description":"Section 33(1) prohibits a transmission entity that operates a regulated transmission grid from buying or selling electricity 'directly or indirectly.' Section 33(2) exempts buying or selling electricity 'necessary to operate the transmission entity's transmission grid.' However, any large-scale electricity purchase or sale could be framed as 'associated with' grid operation or 'administrative purposes,' making the prohibition practically hollow and the exemption capable of swallowing the rule."},{"type":"other","section":"sec.44A","severity":"low","reasoning":"If the section itself expires on 1 July 2028, and regulations cannot exceed that date, the regulatory power in sec.44A(2)(b) serves no independent function not already achieved by the section's own expiry. It adds legislative clutter without operational effect.","confidence":0.7,"description":"Section 44A contains an internal expiry provision (subsection (5): expires 1 July 2028) but also contains subsection (2)(b) which empowers a regulation to prescribe 'the day, not later than 1 July 2028, at the end of which subsection (1)(b) stops applying.' This creates redundancy — the whole section expires on 1 July 2028 anyway, so a regulation prescribing an earlier cessation date adds nothing not already covered by the section's own expiry, and a regulation purporting to set a date beyond 1 July 2028 would be ultra vires. The regulatory prescription mechanism is therefore either redundant or impotent."},{"type":"other","section":"sec.44A-ssec.1A and sec.44A-ssec.1B","severity":"low","reasoning":"Subsection (1B) is a restatement of subsection (1A) in slightly different terms. No new obligation or permission is created. This is legislative tautology and may cause interpretive confusion about whether Parliament intended (1B) to carry distinct meaning.","confidence":0.73,"description":"Section 44A(1A) states the credit condition 'stops applying in relation to a qualifying customer' upon certain triggering events. Section 44A(1B) then states that if that happens, 'that subsection no longer applies to the distribution entity in relation to that customer.' This is purely redundant — subsection (1B) restates the legal consequence already achieved by subsection (1A) without adding any additional effect, suggesting a drafting error or unnecessary duplication."},{"type":"impossible_compliance","section":"sec.20Q-ssec.5 (Brisbane Airport Rail Link definition)","severity":"medium","reasoning":"Incorporating a definition by reference to a physical drawing held at a specific address creates an impossible compliance scenario if that drawing becomes unavailable. Unlike incorporation by reference to a published standard, a unique engineering drawing has no guarantee of ongoing public accessibility, making the legal boundary of the Brisbane Airport Rail Link potentially unknowable.","confidence":0.8,"description":"The Brisbane Airport Rail Link is defined by reference to a specific engineering drawing (CMPS&F Pty Limited drawing no. RQ0159-C029(F)) available for inspection at a specific physical office address. The definition of a statutory term is thus contingent on the continued physical availability and integrity of a private engineering document at a government office. If the drawing is lost, destroyed, relocated or superseded, the statutory definition becomes impossible to determine."},{"type":"circular_definition","section":"sec.15","severity":"low","reasoning":"While not fatally circular, the mutual dependency of the two definitions means neither can be fully understood without reference to the other, and the scope of 'associated equipment' is only bounded by its relationship to the electric line — which itself is bounded by what counts as associated equipment.","confidence":0.6,"description":"Section 15 defines an electric line as including 'associated equipment' but section 16 separately defines 'associated equipment for an electric line.' The definition in sec.15 thus incorporates a term that is itself only defined by reference to sec.15's subject matter, creating a mild circularity: an electric line includes associated equipment, and associated equipment is defined as something found in association with the electric line."}],"contradictions":[{"severity":"medium","section_a":"sec.3(c)","section_b":"sec.33","confidence":0.65,"description":"Section 3(c) declares a legislative object to 'establish a competitive electricity market.' Section 33 prohibits transmission entities operating regulated transmission grids from buying or selling electricity. Prohibiting market participation by major infrastructure operators directly restricts competitive market participation by significant players, potentially undermining the object of establishing a competitive market."},{"severity":"high","section_a":"sec.12-ssec.1 (Works definition, including meters)","section_b":"sec.14-ssec.2(b) (Electrical installation excludes works)","confidence":0.78,"description":"Section 12(1) defines 'works' to include meters (as exemplified). Section 14(2)(b) requires that an electrical installation must not include items that are works. However, meters are also 'electrical equipment' under section 13, and the examples in section 14(4) expressly contemplate meters as part of the 'switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected' for a house — implying meters are part of an electrical installation. This creates a direct contradiction: meters are works (excluded from electrical installations) but are also treated as forming part of electrical installations in the Act's own examples."},{"severity":"medium","section_a":"sec.20H-ssec.2(b) (Installation without directions deemed effective if reasonable)","section_b":"sec.20I-ssec.1(c)(i) (Absence of written direction triggers compensation framework)","confidence":0.72,"description":"Section 20H(2)(b) provides that where no written directions are given within 5 business days, an installation has effect if done in a reasonable way — implicitly validating reasonable installations in the absence of directions. Section 20I(1)(c)(i) then makes the absence of a written direction one of the preconditions for the compensation liability framework to apply. This means a receiver who lawfully installs under sec.20H(2)(b) is simultaneously within the compensation liability framework of sec.20I, creating contradictory signals about the legal status of that installation."},{"severity":"low","section_a":"sec.22-ssec.2 (Electricity industry participants: generation, transmission, distribution entities only)","section_b":"sec.3(d) (Object: ensure interests of customers are protected)","confidence":0.58,"description":"Section 22(2) defines the participants in the electricity industry as only generation entities, transmission entities, and distribution entities — customers are expressly excluded from being 'participants.' Yet section 3(d) lists protecting customer interests as a core object of the Act. This creates a structural tension: customers are the primary intended beneficiaries of the Act's objects but are legally excluded from the definition of the industry the Act regulates, potentially limiting the reach of participant-directed obligations to customers."},{"severity":"medium","section_a":"sec.43-ssec.2(a) (Connection to supply network: only electricity entities may connect)","section_b":"sec.32-ssec.2(a) (Connection to transmission grid: any authorised person may connect)","confidence":0.75,"description":"Section 32(2)(a) allows any person authorised under the Act to connect supply to a transmission grid. Section 43(2)(a) restricts connection to a supply network to generation entities, transmission entities, or distribution entities only — customers are excluded. This creates an asymmetry where customers who may be authorised to take electricity from a transmission grid (sec.24) have no equivalent right to connect supply to a supply network, which is inconsistent with any policy of customer-side generation (e.g. rooftop solar feeding into supply networks)."},{"severity":"medium","section_a":"sec.41-ssec.2(b)(i) (Distribution entity may supply outside area if other entity 'claims' impracticability)","section_b":"sec.42-ssec.1(c) (Distribution entity obligation to ensure adequate, reliable connection and supply to its customers)","confidence":0.68,"description":"Section 41(2)(b)(i) permits a distribution entity to supply outside its area if another entity 'claims' (not 'establishes' or 'demonstrates') that it is not technically and economically practicable to supply. A mere unsubstantiated claim triggers the permission. However, section 42(1)(c) imposes a mandatory obligation on distribution entities to ensure adequate and reliable supply to their own customers. If a distribution entity expands supply outside its area based on an unverifiable claim, this could impair its capacity to meet the mandatory obligation in section 42(1)(c) — and section 41(3) only conditions the permission on supply 'not likely' to impair capacity, creating a tension between a precautionary probabilistic test and a mandatory absolute obligation."}]}},"importantCases":[],"_links":{"self":"/api/acts/electricity-act-1994","history":"/api/acts/electricity-act-1994/history","analysis":"/api/acts/electricity-act-1994/analysis","conflicts":"/api/acts/electricity-act-1994/conflicts","importantCases":"/api/acts/electricity-act-1994/important-cases","documents":"/api/acts/electricity-act-1994/documents"}}