{"id":"electricity-act-1996","name":"Electricity Act 1996","slug":"electricity-act-1996","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31937,"registerId":"sa-electricity-act-1996-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Electricity Act 1996.\n3—Objects\nThe objects of this Act are—\n\t(a)\tto promote efficiency and competition in the electricity supply industry; and\n\t(b)\tto promote the establishment and maintenance of a safe and efficient system of electricity generation, transmission, distribution and supply; and\n\t(c)\tto establish and enforce proper standards of safety, reliability and quality in the electricity supply industry; and\n\t(d)\tto establish and enforce proper safety and technical standards for electrical installations (including such standards relating to the design of electrical installations); and\n\t(e)\tto protect the interests of consumers of electricity.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nannual electricity consumption level means a level of consumption of electricity determined in accordance with the regulations (and the regulations may, for that purpose, make provision for the estimation or agreement of the level in specified circumstances);\nauthorised officer means a person appointed under Part 7 as an authorised officer;\nbush fire means a fire that originates in, or spreads through, forest, scrub, grass or other vegetation;\nbushfire risk area—see subsection (4);\nCommission means the Essential Services Commission established under the Essential Services Commission Act 2002;\ncondition includes a limitation or restriction;\ncontravention includes a failure to comply;\ncouncil means a council within the meaning of the Local Government Act 1999 and includes the Outback Areas Community Development Trust;\ncouncil officer means a person authorised by a council to exercise powers conferred on a council officer under this Act;\ncustomer means a person who has a supply of electricity available from a transmission or distribution network for consumption by that person and includes—\n\t(a)\tthe occupier for the time being of a place to which electricity is supplied; and\n\t(b)\twhere the context requires, a person seeking an electricity supply; and\n\t(c)\ta person of a class declared by regulation to be customers;\ndisconnect electricity supply includes a procedure to interrupt or discontinue the electricity supply to a customer;\nelectrical equipment means any electrical appliance or wires, fittings, equipment or accessories beyond an electrical outlet at which fixed wiring terminates;\nelectrical installation means a set of wires and associated fittings, equipment and accessories installed in a place for the conveyance, control, measurement or use of electricity that is, or is to be, or has been, supplied for consumption in the place, including anything declared by regulation to be or form part of an electrical installation, but does not include—\n\t(a)\telectricity infrastructure owned or operated by an electricity entity; or\n\t(b)\tany wires, fittings, equipment or accessories connected to and beyond any electrical outlet at which fixed wiring terminates (other than any such outlet used to connect sections of fixed wiring); or\n\t(c)\tanything declared by regulation not to be or form part of an electrical installation;\nelectricity entity means a person licensed under Part 3 to carry on operations in the electricity supply industry and includes (where the context requires) a person who has been licensed to carry on operations in the electricity supply industry under that Part whose licence has been suspended or cancelled or has expired;\nelectricity infrastructure means—\n\t(a)\telectricity generating plant; and\n\t(b)\tpowerlines; and\n\t(c)\tsubstations for converting, transforming or controlling electricity; and\n\t(d)\tequipment for metering, monitoring or controlling electricity; and\n\t(e)\tany wires, equipment or other things (including tunnels and cavities) used for, or in connection with, the generation, transmission, distribution or supply of electricity; and\n\t(f)\tanything declared by regulation to form part of electricity infrastructure,\nbut does not include anything declared by regulation not to form part of electricity infrastructure;\nelectricity officer means a person appointed under Part 4 as an electricity officer;\nelectricity supply industry means the industry involved in the generation, transmission, distribution, supply or sale of electricity or other operations of a kind prescribed by regulation;\nemploying authority means the person designated by proclamation as being the employing authority for the purposes of this definition;\ngeneration of electricity means the operation of any kind of electricity generating plant and all incidental and related operations, but does not include anything declared by regulation not to be generation of electricity;\ninstall includes place;\ninternal switching manual means an internal manual relating to switching that—\n\t(a)\tthe holder of a licence authorising the generation of electricity; or\n\t(b)\tthe holder of a licence authorising the operation of a transmission or distribution network; or\n\t(c)\tthe holder of a licence authorising system control over a power system; or\n\t(d)\ta person exempted from the requirement to hold a licence of a kind referred to in paragraphs (a) to (c),\nis required (under the conditions of the licence or exemption) to prepare and maintain in accordance with the regulations for the purposes of safety in connection with switching relevant to the operations of the licence holder or person;\nland includes—\n\t(a)\tan estate or interest in land (including an easement); or\n\t(b)\ta right or power over or in respect of land;\nNational Electricity Rules means the National Electricity Rules as defined in the National Electricity (South Australia) Law;\nNational Electricity (South Australia) Law—see the Schedule of the National Electricity (South Australia) Act 1996;\nNational Energy Retail Rules means the National Energy Retail Rules as defined in the National Energy Retail Law (South Australia);\nnaturally occurring vegetation means vegetation that has not been planted or nurtured by any person;\nNERL retailer means—\n\t(a)\ta person who is the holder of a retailer authorisation under the National Energy Retail Law (South Australia); or\n\t(b)\tan exempt seller within the meaning of the National Energy Retail Law (South Australia);\nnetwork services means—\n\t(a)\tthe transmission and distribution of electricity between electricity entities and from electricity entities to customers (including connection to a transmission or distribution network); and\n\t(b)\tcontrolling and regulating the quality of electricity;\nnon‑bushfire risk area means a part of the State not within the bushfire risk area;\nnurture, in relation to vegetation, means actively assist the growth of the vegetation;\noccupier of land or a place means a person who has or is entitled to possession or control of the land or place;\noperations includes activities;\npowerline means—\n\t(a)\ta set of cables for the transmission or distribution of electricity and their supporting or protective structures, conduits and equipment; and\n\t(b)\tassociated equipment for the transmission or distribution of electricity,\nbut does not include a telecommunications cable or associated equipment;\npower system means a system for the generation, transmission and distribution of electricity or a part of such a system;\nprinciples of vegetation clearance means the regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public and private powerlines;\nprivate land means—\n\t(a)\tland alienated or contracted to be alienated from the Crown in fee simple; or\n\t(b)\tland occupied under a lease or licence from the Crown; or\n\t(c)\tland dedicated to a particular purpose and placed under the care, control and management of any person (whether or not that person is a Minister, agency or instrumentality of the Crown),\nexcept any such land vested in, or under the care, control or management of, a council and dedicated to, or held for, a public purpose;\nprivate powerline means a powerline—\n\t(a)\tdesigned to convey electricity at a prescribed voltage or less; and\n\t(b)\tsituated on, above or under private land for the purpose only of supplying electricity to some point on that land;\npublic powerline means any powerline except a private powerline;\nregulated entity means—\n\t(a)\tan electricity entity; or\n\t(b)\ta NERL retailer;\nretailing of electricity means the sale of electricity to customers, but does not include an activity declared by regulation not to be retailing of electricity;\nsmall customer means a customer with an annual electricity consumption level less than the number of MW.h per year specified by regulation for that purpose, or any customer classified by regulation as a small customer;\nsupply of electricity means the delivery of electricity to a customer;\nsystem controller means a person licensed under Part 3 to exercise system control over a power system;\nTechnical Regulator means the person holding the office of Technical Regulator under Part 2;\ntelecommunications means the transmission of telephonic, radio, computer, television or other signals;\ntransmission or distribution network means the whole or a part of a system for the transmission or distribution of electricity, but does not include anything declared by regulation not to be a transmission or distribution network or part of a transmission or distribution network;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nvegetation clearance scheme means a vegetation clearance scheme agreed or determined under Part 5.\n\t(2)\tA reference in this Act to a powerline, a network, infrastructure or other property of an entity includes a reference to a powerline, a network, infrastructure or other property that is not owned by the entity but is operated by the entity.\n\t(3)\tA proclamation made for the purposes of the definition of employing authority—\n\t(a)\tmay apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position; and\n\t(b)\tmay, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.\n\t(4)\tFor the purposes of this Act, the regulations may designate an area of the State to be the bushfire risk area.\n5—Crown bound\n\t(1)\tThis Act binds the Crown.\n\t(2)\tNothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.\n\t(3)\tFor the purposes of this section, a reference to the Crown extends—\n\t(a)\tnot only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity; and\n\t(b)\tto an instrumentality of the Crown, and to an officer or employee of the Crown and any contractor or other person who carries out functions on behalf of the Crown.\n6—Other statutory requirements not affected\nThis Act is in addition to and does not derogate from the provisions of the National Electricity (South Australia) Act 1996, the Environment Protection Act 1993 or any other Act.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Essential Services Commission","content":"Division 1—Essential Services Commission\n6A—Functions and powers of Commission\n\t(1)\tThe Commission has (in addition to the Commission's functions and powers under the Essential Services Commission Act 2002)—\n\t(a)\tthe licensing, price regulation and other functions and powers conferred by this Act; and\n\t(b)\tif the Commission is appointed under the National Electricity Rules as the body to perform or exercise certain functions and powers—those functions and powers; and\n\t(c)\tany other functions and powers conferred by regulation under this Act.\n\t(2)\tIf regulated entities are required (whether by licence condition or otherwise) to participate in an ombudsman scheme, the Commission must, in performing licensing functions under this Act, liaise with the ombudsman appointed under the scheme.\n\t(3)\tWithout limiting subsection (1), the Governor may, by regulation, confer functions and powers on the Commission, or vary the functions and powers of the Commission, as the Governor considers necessary or expedient for the purposes of the National Electricity (South Australia) Law, National Electricity Rules, National Energy Retail Law (South Australia) and National Energy Retail Rules.\n\t(4)\tIn performing functions under this Act, the Commission must (in addition to having regard to factors specified in this Act or the Essential Services Commission Act 2002) have regard to the provisions of the National Electricity Rules and National Energy Retail Rules and the need to avoid duplication of, or inconsistency with, regulatory requirements under those Rules.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Technical Regulator","content":"Division 3—Technical Regulator\n7—Technical Regulator\n\t(1)\tThere is to be a Technical Regulator.\n\t(2)\tThe Technical Regulator is to be appointed by the Minister and is an agency of the Crown.\n\t(3)\tThe office of Technical Regulator may be held in conjunction with a position in the Public Service.\n\t(4)\tThe Minister may assign an employee in the Public Service to act as the Technical Regulator—\n\t(a)\tduring a vacancy in the office of Technical Regulator; or\n\t(b)\twhen the Technical Regulator is absent from, or unable to discharge, official duties.\n8—Functions of Technical Regulator\nThe Technical Regulator has the following functions:\n\t(a)\tthe monitoring and regulation of safety and technical standards in the electricity supply industry; and\n\t(b)\tthe monitoring and regulation of safety and technical standards with respect to electrical installations; and\n\t(c)\tthe administration of the provisions of this Act relating to the clearance of vegetation from powerlines; and\n\t(ca)\tthe monitoring and investigation of major interruptions to the electricity supply in the State and the provision of reports relating to such interruptions in accordance with any requirements prescribed by the regulations; and\n\t(d)\tany other functions prescribed by regulation or assigned to the Technical Regulator by or under this or any other Act.\n9—Delegation\n\t(1)\tThe Technical Regulator may delegate powers to a person or body of persons that is, in the Technical Regulator's opinion, competent to exercise the relevant powers.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n10—Technical Regulator's power to require information\n\t(1)\tThe Technical Regulator may, by written notice, require a person to give the Technical Regulator, within a time stated in the notice (which must be reasonable), information in the person's possession that the Technical Regulator reasonably requires for the performance of the Technical Regulator's functions (whether under this Act or any other Act).\n\t(2)\tA person required to give information under this section must provide the information within the time stated in the notice.\n\t(3)\tSubject to subsection (4), a natural person is not required to give information under this section if the information would tend to incriminate the person of an offence.\n\t(4)\tIf a natural person is required to give information under this section relating to the safety of electricity infrastructure, an electrical installation or electrical equipment, and the information would tend to incriminate the person of an offence, the person must nevertheless give the information, but the information so given will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration).\n11—Obligation to preserve confidentiality\n\t(1)\tThe Technical Regulator must preserve the confidentiality of information gained by the Technical Regulator under this Act (including information gained by an authorised officer under Part 7) that—\n\t(a)\tcould affect the competitive position of an electricity entity or other person; or\n\t(b)\tis commercially sensitive for some other reason.\n\t(1a)\tDespite subsection (1), the Technical Regulator may disclose confidential information in the following circumstances:\n\t(a)\tas reasonably required in connection with the administration or enforcement of this Act (including to the Minister, the Commission and persons assisting the Commission) or as otherwise related to the performance of the Technical Regulator's functions (whether under this Act or any other Act);\n\t(b)\tto a person concerned in the administration or enforcement of another law of the State, or a law of the Commonwealth or another State or a Territory of the Commonwealth, for purposes related to the administration or operation of that other law;\n\t(c)\tto a government agency or instrumentality of this State, the Commonwealth or another State or Territory of the Commonwealth for purposes related to the performance of its functions (or to a person acting on behalf of such a government agency or instrumentality);\n\t(d)\twith the consent of the person who gave the information or to whom the information relates;\n\t(e)\tas required by a court or tribunal constituted by law;\n\t(f)\tas authorised by the Minister.\n\t(2)\tInformation classified by the Technical Regulator as confidential is not liable to disclosure under the Freedom of Information Act 1991.\n14—Annual report\n\t(1)\tThe Technical Regulator must, within three months after the end of each financial year, deliver to the Minister a report on the Technical Regulator's operations under this Act during that financial year.\n\t(3)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after his or her receipt of the report.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Advisory committees","content":"Division 4—Advisory committees\n14A—Consumer advisory committee\nThe Commission must establish an advisory committee comprising representatives of consumers (the consumer advisory committee)—\n\t(a)\tto provide advice to the Commission in relation to the performance of the Commission's functions under the Act; and\n\t(b)\tto provide advice to the Commission, either on its own initiative or at the request of the Commission, on any other matter relating to the electricity supply industry.\n14B—Technical advisory committee\nThe Technical Regulator must establish an advisory committee (the technical advisory committee) including representatives of—\n\t(a)\telectricity entities; and\n\t(b)\tcontractor and employee associations involved in the electricity supply industry; and\n\t(c)\tlocal government,\nto provide advice to the Technical Regulator, either on its own initiative or at the request of the Technical Regulator, on any matter relating to the functions of the Technical Regulator.\n14C—Other advisory committees\nThe Minister, the Commission or the Technical Regulator may establish other advisory committees to provide advice on specified aspects of the administration of this Act.\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Electricity supply industry","content":"Part 3—Electricity supply industry\nDivision A1—Declaration as regulated industry\n14D—Declaration as regulated industry\nThe electricity supply industry is declared to be a regulated industry for the purposes of the Essential Services Commission Act 2002.\nDivision A2—Application of provisions\n14E—Application of provisions\n\t(1)\tDivisions 1, 3 and 4 do not apply to a NERL retailer.\n\t(2)\tDivision 3AB applies to a NERL retailer (despite the fact that it does not hold a licence under this Act).\n\t(3)\tIf a NERL retailer fails to comply with a provision of Division 3AB, the NERL retailer is guilty of an offence.\n\t(4)\tAn offence against subsection (3) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000.\nDivision 1—Licensing of electricity entities\n15—Requirement for licence\n\t(1)\tA person must not carry on operations in the electricity supply industry for which a licence is required unless the person holds a licence under this Part authorising the relevant operations.\n\t(2)\tThe operations in the electricity supply industry for which a licence is required are—\n\t(a)\tgeneration of electricity; or\n\t(b)\toperation of a transmission or distribution network; or\n\t(c)\tretailing of electricity; or\n\t(ca)\tsystem control over a power system; or\n\t(d)\tother operations for which a licence is required by the regulations.\n\t(3)\tNothing in this section requires AEMO to hold a licence.\n16—Application for licence\n\t(1)\tAn application for the issue of a licence must—\n\t(a)\tbe made to the Commission in a form approved by the Commission; and\n\t(b)\tcontain the information specified in the form.\n\t(2)\tThe applicant must pay to the Commission an application fee fixed by the Minister of an amount that the Minister considers appropriate to meet the reasonable costs of determining the application.\n\t(3)\tThe Commission may, as the Commission considers appropriate, accept a single application from an applicant in respect of different operations of the applicant or operations of the applicant at different locations or may require separate applications.\n\t(4)\tThe applicant must give the Commission further relevant information requested by the Commission.\n17—Consideration of application\n\t(1)\tThe Commission must consider an application for the issue of a licence and may, subject to this Division, issue, or refuse to issue, the licence.\n\t(2)\tThe Commission must have regard to the general factors specified in Part 2 of the Essential Services Commission Act 2002 and, subject to this section, may only issue a licence if satisfied that—\n\t(a)\tthe applicant is a suitable person to hold the licence; and\n\t(ac)\tthe issue of the licence will not result in the same person holding both a licence authorising the operation of a distribution network and a licence authorising retailing of electricity; and\n\t(b)\tin the case of a licence authorising the generation of electricity—the generating plant (or proposed generating plant) will generate electricity of the appropriate quality for the relevant transmission or distribution network; and\n\t(c)\tin the case of a licence authorising the operation of a transmission or distribution network—the network has (or the proposed network will have) the necessary capacity for transmitting or distributing electricity safely; and\n\t(d)\tin the case of a licence authorising retailing of electricity—the applicant will be able to meet reasonably foreseeable obligations under contracts for the sale of electricity; and\n\t(da)\tin the case of a licence authorising system control over a power system—the applicant will be able to adequately exercise system control functions; and\n\t(e)\tin the case of a licence authorising other operations in the electricity supply industry for which a licence is required under the regulations—the applicant meets any special requirements imposed by the regulations for the holding of the licence; and\n\t(f)\tin the case of a licence of any class—the grant of the licence would be consistent with criteria (if any) prescribed by regulation for a licence of the relevant class.\n\t(3)\tIn deciding whether an applicant is a suitable person to hold a licence, the Commission may consider—\n\t(a)\tthe applicant's previous commercial and other dealings and the standard of honesty and integrity shown in those dealings; and\n\t(b)\tthe financial, technical and human resources available to the applicant; and\n\t(c)\tthe officers and, if applicable, major shareholders of the applicant and their previous commercial and other dealings and the standard of honesty and integrity shown in those dealings (including breaches of statutory and other legal obligations); and\n\t(d)\tother matters prescribed by regulation.\n\t(4)\tIf—\n\t(a)\ta person carries on or proposes to carry on operations for which a licence is required as agent of another person; and\n\t(b)\tthe agent makes application for the issue of such a licence on the agent's own behalf and on behalf of the principal; and\n\t(c)\tthe Commission is satisfied that the criteria for the issue of the licence are met in relation to the agent,\nthe Commission may, at the Commission's discretion, dispense with the requirement that the Commission be satisfied that the criteria are met in relation to the principal and issue the licence to the agent and the principal to be held by them jointly.\n\t(5)\tIf an applicant for the issue of a licence is a Registered participant, as defined in the National Electricity (South Australia) Law, the Commission may, in determining the application, in order to avoid duplication of, or inconsistency with, regulatory requirements under the National Electricity Rules, dispense with a requirement under this section that the Commission be satisfied as to a particular matter.\n17A—Licences may be held jointly\n\t(1)\tA licence may be held jointly by two or more persons.\n\t(2)\tIf a licence is held jointly by two or more persons, those persons are jointly and severally liable to meet requirements imposed under this Act or the Essential Services Commission Act 2002.\n18—Authority conferred by licence\n\t(1)\tA licence authorises the person named in the licence to carry on operations in the electricity supply industry in accordance with the terms and conditions of the licence.\n\t(2)\tThe operations authorised by a licence need not be all of the same character or at the same location but may consist of a combination of different operations or operations at different locations.\n19—Term of licence\nA licence may be issued for an indefinite period or for a term specified in the licence.\n20—Licence fees and returns\n\t(1)\tA person is not entitled to the issue of a licence unless the person first pays to the Commission the annual licence fee, or the first instalment of the annual licence fee, as the case may require.\n\t(2)\tThe holder of a licence issued for a term of two years or more must—\n\t(a)\tin each year lodge with the Commission, before the date prescribed for that purpose, an annual return containing the information required by the Commission by condition of the licence or by written notice; and\n\t(b)\tin each year (other than a year in which the licence is due to expire) pay to the Commission, before the date prescribed for that purpose, the annual licence fee, or the first instalment of the annual licence fee, as the case may require.\n\t(3)\tThe annual licence fee for a licence is the fee fixed, from time to time, by the Minister in respect of that licence as an amount that the Minister considers to be a reasonable contribution towards administrative costs.\n\t(4)\tAn annual licence fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the Commission.\n\t(5)\tIf the holder of a licence fails to lodge the annual return or pay the annual licence fee (or an instalment of the annual licence fee) in accordance with this section, the Commission may, by written notice, require the holder to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default.\n\t(6)\tAn annual licence fee (including any instalment of an annual licence fee or any penalty for default) payable under this section is recoverable as a debt due to the Crown.\nadministrative costs means—\n\t(a)\tthe costs of administration of this Act; and\n\t(b)\tany costs of administration of the Essential Services Commission Act 2002 relating to the electricity supply industry; and\n\t(c)\tthe costs of AEMO relating to the electricity supply industry that are designated by the Minister as being appropriate for recovery under this section; and\n\t(d)\tother costs prescribed by regulation;\nholder of a licence includes the holder of a licence that has been suspended.\n21—Licence conditions\n\t(1)\tThe Commission must make a licence subject to conditions determined by the Commission—\n\t(a)\trequiring compliance with applicable codes or rules made under the Essential Services Commission Act 2002 as in force from time to time; and\n\t(b)\trequiring compliance with specified technical or safety requirements or standards; and\n\t(c)\trelating to the electricity entity's financial or other capacity to continue operations under the licence; and\n\t(e)\trequiring the electricity entity to have all or part of the operations authorised by the licence audited and to report the results of the audit to the Commission; and\n\t(f)\trequiring the electricity entity to notify the Commission about changes to officers and, if applicable, major shareholders of the entity; and\n\t(g)\trequiring the electricity entity to provide, in the manner and form determined by the Commission, such other information as the Commission may from time to time require; and\n\t(h)\trequiring the electricity entity to comply with the requirements of any scheme approved and funded by the Minister for the provision by the State of customer concessions or the performance of community service obligations by electricity entities.\n\t(2)\tThe Commission must make a licence subject to further conditions that the Commission is required by regulation to impose on the issue of such a licence.\n\t(3)\tThe Commission may make a licence subject to further conditions considered appropriate by the Commission.\n\t(4)\tThe Commission must provide to the Minister any information that the Minister requires for the purposes of the administration of a scheme for the provision by the State of customer concessions, or the performance of community service obligations, relating to the sale or supply of electricity.\n22—Licences authorising generation of electricity\n\t(1)\tThe Commission must make a licence authorising the generation of electricity subject to conditions determined by the Commission—\n\t(a)\trequiring compliance with directions of the system controller; and\n\t(b)\trequiring the electricity entity not to do anything affecting the compatibility of the entity's electricity generating plant with any transmission or distribution network so as to prejudice public safety or the security of the power system of which the generating plant forms a part; and\n\t(c)\trequiring the electricity entity—\n\t(i)\tto prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and\n\t(ii)\tto obtain the approval of the Technical Regulator—\n\t(A)\tto the plan (prior to the commencement of the operation of the generating plant to which the plan relates); and\n\t(B)\tto any revision of the plan; and\n\t(iii)\tto comply with the plan as approved from time to time; and\n\t(iv)\tto audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and\n\t(d)\trequiring the electricity entity to provide to AEMO such information as it may reasonably require for the performance of its functions; and\n\t(e)\trequiring the electricity entity—\n\t(i)\tto grant to each electricity entity holding a licence authorising the operation of a transmission or distribution network rights to use or have access to the entity's electricity generating plant that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and\n\t(ii)\tin the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and\n\t(iii)\tto comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and\n\t(f)\trequiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Commission with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Commission) that the insurance is adequate and appropriate given the nature of the operations carried on under the entity's licence and the risks entailed in those operations.\n\t(1a)\tIn addition, it is a condition of a licence authorising the generation of electricity that the holder of the licence—\n\t(2)\tThis section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the generation of electricity.\n23—Licences authorising operation of transmission or distribution network\n\t(1)\tThe Commission must make a licence authorising the operation of a transmission or distribution network subject to conditions determined by the Commission—\n\t(a)\trequiring compliance with directions of the system controller; and\n\t(b)\trequiring the electricity entity not to do anything affecting the compatibility of the entity's transmission or distribution network with any electricity generating plant or transmission or distribution network so as to prejudice public safety or the security of the power system of which the transmission or distribution network forms a part; and\n\t(c)\trequiring the electricity entity—\n\t(i)\tto prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and\n\t(ii)\tto obtain the approval of the Technical Regulator—\n\t(A)\tto the plan (prior to the commencement of the operation of the transmission or distribution system to which the plan relates); and\n\t(B)\tto any revision of the plan; and\n\t(iii)\tto comply with the plan as approved from time to time; and\n\t(iv)\tto audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator; and\n\t(d)\trequiring the electricity entity to provide to AEMO such information as it may reasonably require for the performance of its functions; and\n\t(e)\trequiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and\n\t(f)\trequiring the electricity entity to inform persons seeking or in receipt of network services of the terms on which the services are provided (including the charges for the services) and of any changes in those terms; and\n\t(g)\trequiring the electricity entity to carry out work to locate powerlines underground in accordance with a program established under Part 5A; and\n\t(h)\trequiring the electricity entity to comply with—\n\t(i)\tspecified provisions for or relating to the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) for the transmission or distribution of electricity by the other entities; and\n\t(ii)\tany scheme that the Commission may establish by a code made under the Essential Services Commission Act 2002 for the resolution of disputes in relation to such rights; and\n\t(i)\trequiring the electricity entity to comply with—\n\t(i)\tspecified provisions for or relating to the granting to all electricity entities and customers of a class specified in the condition of rights to use or have access to the entity's transmission or distribution network (on non-discriminatory terms) to obtain electricity from the network; and\n\t(ii)\tany scheme that the Commission may establish by a code made under the Essential Services Commission Act 2002 for the resolution of disputes in relation to such rights; and\n\t(j)\trequiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) establishing a scheme—\n\t(i)\tfor other bodies to use or have access to the entity's transmission or distribution network for telecommunications purposes (subject to requirements as to technical feasibility and preservation of visual amenity); and\n\t(ii)\tfor the resolution of disputes in relation to such use or access by a person other than the Commission who is appointed by the Commission; and\n\t(k)\trequiring the electricity entity to participate in an ombudsman scheme—\n\t(i)\tthat applies to the electricity supply industry and to other regulated industries (within the meaning of the Essential Services Commission Act 2002) prescribed by regulation; and\n\t(ii)\tthe terms and conditions of which are approved by the Commission; and\n\t(l)\trequiring the electricity entity to maintain insurance against any liability for causing a bushfire and to provide the Commission with a certificate of the insurer or the insurance broker by whom the insurance was arranged certifying (in a manner approved by the Commission) that the insurance is adequate and appropriate given the nature of the operations carried out under the entity's licence and the risks entailed in those operations; and\n\t(m)\tin the case of a licence authorising the operation of a transmission network—\n\t(i)\trequiring the business of the operation of the transmission network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and\n\t(ii)\trequiring the electricity entity—\n\t(A)\tto grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a distribution network rights to use or have access to the entity's transmission network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and\n\t(B)\tin the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and\n\t(C)\tto comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and\n\t(n)\tin the case of a licence authorising the operation of a distribution network—\n\t(i)\trequiring the business of the operation of the distribution network authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions; and\n\t(ii)\trequiring the electricity entity—\n\t(A)\tto grant to each electricity entity holding a licence authorising the generation of electricity or the operation of a transmission network rights to use or have access to the entity's distribution network that are necessary for the purpose of ensuring the proper integrated operation of the State's power system and the proper carrying on of the operations authorised by the entity's licence; and\n\t(B)\tin the absence of agreement as to the terms on which such rights are to be granted, to comply with any determination of the Commission as to those terms; and\n\t(C)\tto comply with any code provisions in force from time to time under the Essential Services Commission Act 2002 establishing a scheme for the resolution of disputes in relation to such rights; and\n\t(iii)\trequiring the electricity entity to establish customer consultation processes of a specified kind; and\n\t(iv)\trequiring or relating to standard contractual terms and conditions to apply to the supply of electricity to small customers or customers of a prescribed class; and\n\t(v)\trequiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and\n\t(vi)\trequiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) limiting the grounds on which the supply of electricity to customers may be disconnected and prescribing the process to be followed before the supply of electricity is disconnected; and\n\t(vii)\trequiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the supply of electricity; and\n\t(viii)\trequiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Commission) with each person holding a licence authorising the retailing of electricity who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and\n\t(x)\trequiring the electricity entity—\n\t(A)\tto investigate, before it makes any significant expansion of the distribution network or the capacity of the distribution network, whether it would be cost effective to avoid or postpone such expansion by implementing measures for the reduction of demand for electricity from the network; and\n\t(B)\tto prepare and publish reports relating to such demand management investigations and measures.\n\t(1a)\tIn addition, it is a condition of a licence authorising the operation of a transmission or distribution network that the holder of the licence—\n\t(2)\tA condition of an electricity entity's licence imposed under subsection (1)(h) is not to be taken to require the granting to other electricity entities of rights to use or have access to the entity's transmission or distribution network for the support or use of electricity infrastructure of the other entities.\n\t(5a)\tIf an electricity entity fails, within a period of 90 days from a date specified by the Commission by written notice to the entity, to enter into an agreement with another electricity entity specified by the Commission as required by a condition of the entity's licence imposed under subsection (1)(n)(viii), the entities will, if the Commission so determines and notifies the entities in writing, be taken to have entered into such an agreement containing terms specified in the notice.\n\t(5b)\tThe Commission may, by written notice to the electricity entities bound by—\n\t(a)\tan agreement entered into as required by conditions of their licences imposed under subsection (1)(n)(viii) and section 24(2)(h); or\n\t(b)\tan agreement imposed under subsection (5a),\nvary or substitute terms of the agreement.\n\t(6)\tThis section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the operation of a transmission or distribution network.\n24—Licences authorising retailing\n\t(2)\tThe Commission must make a licence authorising the retailing of electricity subject to conditions determined by the Commission—\n\t(a)\trequiring, if the holder of the licence is a related body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) in relation to the holder of a licence authorising the operation of a distribution network, the business of the retailing of electricity authorised by the licence to be kept separate from the business of the operation of the distribution network in the manner and to the extent specified in the conditions; and\n\t(b)\tif the electricity entity sells electricity to customers of a prescribed class, requiring the electricity entity to maintain specified accounting records and to prepare accounts according to specified principles; and\n\t(c)\trequiring the electricity entity to establish customer consultation processes of a specified kind; and\n\t(d)\trequiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002 on or before the prescribed date) relating to the provision of pricing information to enable small customers to compare competing offers in the retailing of electricity; and\n\t(da)\trequiring the electricity entity to include (in a print size and form prescribed by regulation) in each account for electricity charges sent to a small customer information prescribed by regulation, including information relating to—\n\t(i)\tthe customer's electricity consumption during the preceding 12 months; and\n\t(ii)\tthe entity's daily charges for electricity during the period to which the account relates; and\n\t(iii)\tobtaining advice through the Commission about reducing electricity consumption and about electricity consumer choices; and\n\t(iv)\tgreenhouse gas emissions associated with the customer's electricity consumption; and\n\t(e)\trequiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) relating to standard contractual terms and conditions to apply to the sale of electricity to small customers; and\n\t(h)\trequiring the electricity entity to enter into and comply with an agreement (on terms approved from time to time by the Commission) with each person holding a licence authorising the operation of a distribution network who provides services to the same customers as the entity as to the co-ordination of the provision of services to those customers; and\n\t(i)\trequiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) imposing minimum standards of service for customers that are at least equivalent to the actual levels of service for such customers prevailing during the year prior to the commencement of this section and take into account relevant national benchmarks developed from time to time, and requiring the entity to monitor and report on levels of compliance with those minimum standards; and\n\t(j)\trequiring the electricity entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002) limiting the grounds on which the supply of electricity to customers may be discontinued or disconnected and prescribing the process to be followed before the supply of electricity is discontinued or disconnected; and\n\t(k)\trequiring a specified process to be followed to resolve disputes between the electricity entity and customers as to the sale of electricity; and\n\t(l)\tif the electricity entity sells electricity to customers with an annual electricity consumption level of less than 750MW.h per year, requiring the electricity entity to participate in an ombudsman scheme—\n\t(i)\tthat applies to the electricity supply industry and to other regulated industries (within the meaning of the Essential Services Commission Act 2002) prescribed by regulation; and\n\t(ii)\tthe terms and conditions of which are approved by the Commission; and\n\t(m)\trequiring the electricity entity—\n\t(i)\tto investigate strategies for achieving a reduction of greenhouse gas emissions to such targets as may be set by the Environment Protection Authority from time to time or such levels as may be binding on the entity from time to time, including strategies for promoting the efficient use of electricity and the sale, as far as is commercially and technically feasible, of electricity produced through cogeneration or from sustainable sources; and\n\t(ii)\tto prepare and publish annual reports on the implementation of such strategies.\n\t(4)\tThis section does not limit the matters that may be dealt with by terms or conditions of a licence authorising the retailing of electricity.\n24A—Licences authorising system control\n\t(1)\tThe Commission must make a licence authorising system control over a power system subject to conditions determined by the Commission requiring the business of system control authorised by the licence to be kept separate from any other business of the electricity entity or any other person in the manner and to the extent specified in the conditions.\n\t(1a)\tIn addition, it is a condition of a licence authorising system control over a power system that the holder of the licence—\n\t(2)\tThis section does not limit the matters that may be dealt with by terms or conditions of a licence authorising system control over a power system.\n24B—Licence conditions and national energy laws\nDespite the preceding provisions of this Part, the Commission is not to impose a condition on a licence if the Commission is satisfied that the condition would duplicate, or be inconsistent with, regulatory requirements under the National Electricity (South Australia) Act 1996, National Electricity Rules, National Energy Retail Law (South Australia) or National Energy Retail Rules.\n25—Offence to contravene licence conditions\n\t(1)\tAn electricity entity must not contravene a condition of its licence.\n\t(2)\tAn offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed for the offence is a fine not exceeding $20 000.\n27—Variation of licence\n\t(1)\tThe Commission may vary the terms or conditions of an electricity entity's licence by written notice to the entity as the Commission considers appropriate (but not so as to remove a condition that the Commission is required by this Act to impose on such a licence).\n\t(2)\tA variation may only be made—\n\t(a)\ton application by the electricity entity or with the electricity entity's agreement; or\n\t(b)\tafter giving the electricity entity reasonable notice of the proposed variation and allowing the entity a reasonable opportunity to make representations about the proposed variation.\n28—Transfer of licence\n\t(1)\tA licence may only be transferred with the Commission's agreement.\n\t(2)\tThe Commission may impose conditions on the transfer of a licence, or vary the terms and conditions of the licence on its transfer.\n\t(3)\tThe Commission must not agree to the transfer of a licence if the transferee would not be entitled to the issue of the licence.\n\t(4)\tAn application for agreement to the transfer of a licence must—\n\t(a)\tbe made by the transferor with the consent of the transferee to the Commission in a form approved by the Commission; and\n\t(b)\tcontain the information specified in the form.\n\t(5)\tThe applicant must pay to the Commission an application fee fixed by the Minister of an amount that the Minister considers appropriate to meet the reasonable costs of determining the application.\n\t(6)\tThe applicant must give the Commission further relevant information requested by the Commission.\n28A—Consultation with consumer bodies\nThe Commission may, before issuing a licence, agreeing to the transfer of a licence or determining or varying conditions of a licence, consult with and have regard to the advice of—\n\t(a)\tthe Commissioner for Consumer Affairs; and\n\t(b)\tthe consumer advisory committee established under Part 2.\n28B—Notice of licence decisions\n\t(1)\tThe Commission must give an applicant for a licence, or for agreement to the transfer of a licence, written notice of the Commission's decision on the application.\n\t(2)\tThe Commission must give the holder of a licence written notice of any decision by the Commission affecting the terms or conditions of the licence.\n29—Surrender of licence\n\t(1)\tAn electricity entity may, by written notice given to the Commission, surrender its licence.\n\t(2)\tThe notice must be given to the Commission at least six months before the surrender is to take effect or, if the licence requires a longer period of notice, as required by the licence.\n\t(3)\tThe Commission may, by agreement with the electricity entity, shorten the required period of notice.\n30—Register of licences\n\t(1)\tThe Commission must keep a register of the licences currently held by electricity entities under this Act.\n\t(2)\tThe register must include—\n\t(a)\tthe terms and conditions of each licence; and\n\t(b)\tother information required under the regulations.\n\t(3)\tA person may, without payment of a fee, inspect the Register.\n30A—Licence is not personal property for the purposes of Commonwealth Act\nA licence under this Part is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"System controller","content":"Division 2—System controller\n31—Functions and powers of system controller\n\t(1)\tSubject to the regulations, a system controller for a power system has the function of monitoring and controlling the operation of the power system with a view to ensuring that the system operates safely and reliably.\n\t(2)\tA system controller for a power system has, in carrying out the system controller's functions under this Act—\n\t(a)\tpower to issue directions to electricity entities that are engaged in the operation of the power system, or contribute electricity to, or take electricity from, the power system; and\n\t(b)\tthe other powers conferred by regulation.\n\t(3)\tWithout limiting subsection (2)(a), the directions may include directions—\n\t(a)\tto switch off or reroute a generator;\n\t(b)\tto call equipment into service;\n\t(c)\tto take equipment out of service;\n\t(d)\tto commence operation or maintain, increase or reduce active or reactive power output;\n\t(e)\tto shut down or vary operation;\n\t(f)\tto shed or restore customer loads.\n\t(4)\tIf an electricity entity refuses or fails to comply with a direction of a system controller, the system controller may—\n\t(a)\tauthorise a person to take the action required by the direction or to cause the action to be taken; and\n\t(b)\tgive the electricity entity any directions the system controller considers necessary to facilitate the taking of the action.\n\t(5)\tCosts and expenses incurred in taking action or causing action to be taken under subsection (4) are recoverable from the electricity entity by the system controller as a debt in a court of competent jurisdiction.\n\t(6)\tThe functions and powers of a system controller for a power system operated in the national electricity market, as defined in the National Electricity (South Australia) Law, may only be performed or exercised in a manner that is consistent with the National Electricity (South Australia) Law and the National Electricity Rules.\n34—Remuneration of system controller\nA system controller will, in accordance with the regulations, be entitled to impose and recover charges in respect of the performance of the system controller's functions.\n35—Obligation to preserve confidentiality\n\t(1)\tA system controller must preserve the confidentiality of information that—\n\t(a)\tcould affect the competitive position of an electricity entity or other person; or\n\t(b)\tis commercially sensitive for some other reason.\n\t(2)\tInformation classified by a system controller as confidential is not liable to disclosure under the Freedom of Information Act 1991.\n","sortOrder":6},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Price regulation","content":"Division 2A—Price regulation\n35A—Price regulation by Commission\n\t(1)\tThe Commission may make a determination under the Essential Services Commission Act 2002 regulating prices, conditions relating to prices and price-fixing factors for—\n\t(a)\tthe sale and supply of electricity to small customers;\n\t(ba)\tthe feeding‑in of electricity into a distribution network under Division 3AB;\n\t(c)\tsubject to the National Electricity (South Australia) Law and the National Electricity Rules—network services;\n\t(d)\tother goods and services in the electricity supply industry specified by the Minister by notice in the Gazette.\n\t(2)\tIn making a determination, the Commission must (in addition to having regard to the factors specified in the Essential Services Commission Act 2002) have regard to the principle that the prices charged to small customers for network services in relation to the transmission network in South Australia and the distribution networks that are connected to it should be at the same rates for all small customers regardless of their location.\n\t(2a)\tIn addition to the requirements of section 25(4) of the Essential Services Commission Act 2002, the Commission must, in acting under subsection (1)(ba), have regard to the fair and reasonable value to a retailer of electricity fed into the network by qualifying customers within the meaning of Division 3AB.\n\t(3)\tThe Minister may, by further notice in the Gazette, vary or revoke a notice under subsection (1)(d).\n\t(4)\tDespite the provisions of the Essential Services Commission Act 2002, the operation of a determination of a kind referred to in subsection (1)(a) is not to be stayed pending the determination of an application for review under Part 6 of that Act.\n35B—Initial electricity pricing order\n\t(1)\tThe Treasurer may issue an order (an electricity pricing order) regulating prices, conditions relating to prices and price-fixing factors for—\n\t(a)\tthe sale and supply of electricity to non-contestable customers or customers of a prescribed class;\n\t(c)\tsubject to the National Electricity (South Australia) Law and the National Electricity Code—network services;\n\t(d)\tother goods and services in the electricity supply industry.\n\t(2)\tThe Treasurer must not issue an electricity pricing order after a date fixed by proclamation.\n\t(3)\tAn electricity pricing order may regulate prices, conditions relating to prices or price-fixing factors in any manner the Treasurer considers appropriate, including—\n\t(a)\tfixing a price or the rate of increase or decrease in a price;\n\t(b)\tfixing a maximum price or maximum rate of increase or minimum rate of decrease in a maximum price;\n\t(c)\tfixing an average price for specified goods or services or an average rate of increase or decrease in an average price;\n\t(d)\tspecifying pricing policies or principles;\n\t(e)\tspecifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;\n\t(f)\tspecifying an amount determined by reference to quantity, location, period or other specified factor relevant to the supply of specified goods or services;\n\t(g)\tfixing a maximum revenue, or maximum rate of increase or minimum rate of decrease in maximum revenue, in relation to specified goods or services.\n\t(4)\tAn electricity pricing order may provide that a calculation is to be performed, or a matter is to be determined, by the Commission in a manner specified by the order.\n\t(5)\tA determination of the Commission for the purposes of an electricity pricing order will not, except as provided in the order, be taken to be a determination for the purposes of the Essential Services Commission Act 2002.\n\t(6)\tAn electricity pricing order may require an electricity entity to provide information to other electricity entities, customers or others, or generally publish information, relating to prices, conditions relating to prices or price-fixing factors.\n\t(7)\tAn electricity pricing order—\n\t(a)\ttakes effect on a date specified in the order; and\n\t(b)\tcannot be varied (except as contemplated by the order) or revoked.\n\t(8)\tNotice of the making of an electricity pricing order must be published—\n\t(a)\tin the Gazette; and\n\t(b)\tin a newspaper circulating generally in the State.\n\t(9)\tThe notice must include a brief description of the nature and effect of the electricity pricing order and state how a copy of the order may be inspected or purchased.\n\t(10)\tThe Treasurer must—\n\t(a)\tsend a copy of an electricity pricing order to each licensed entity to which the order applies; and\n\t(b)\tensure that copies of the order are available for inspection and purchase by members of the public.\n\t(10a)\tThe following provisions apply in relation to the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471:\n\t(a)\tdespite subsection (7), the order is varied as proposed by the Treasurer by notice published in the Gazette on 28 June 2000 at page 3397 and is further varied as proposed by the Minister by notice published in the Gazette on 5 December 2002 at page 4458;\n\t(b)\tthe Minister must ensure that copies of the order as so varied are sent to each licensed entity to which the order applies and are made available for inspection and purchase by members of the public;\n\t(c)\ta reference to the order in any document is, unless the context otherwise requires, to be taken to be a reference to the order as so varied.\n\t(11)\tAn electricity entity must comply with an electricity pricing order or part of an electricity pricing order that applies to the entity.\n\t(12)\tThe Commission must—\n\t(a)\tperform any functions that an electricity pricing order contemplates will be performed by the Commission for the purposes of the order; and\n\t(b)\tenforce an electricity pricing order in the same way as if it were a determination of the Commission under this Division.\n\t(13)\tThe Commission's powers under this Division and the Essential Services Commission Act 2002 are restricted to the extent specified in an electricity pricing order.\n\t(14)\tIn this section—\nprice includes a price range.\nDivision 3—Standard terms and conditions for sale or supply\n36—Standard terms and conditions for sale or supply\n\t(1)\tAn electricity entity may, from time to time, fix standard terms and conditions governing the sale or supply of electricity (including the service of making connections to a transmission or distribution network) by the entity to small customers or customers of a prescribed class.\n\t(2)\tAn electricity entity must publish in the Gazette a notice setting out any standard terms and conditions fixed by the entity.\n\t(2a)\tAn electricity entity must, when it publishes a notice in the Gazette under subsection (2), also publish a notice in a newspaper circulating generally in the State describing the general nature of the standard terms and conditions and advising where a person may read or obtain a copy of the standard terms and conditions.\n\t(3)\tStandard terms and conditions fixed under this section—\n\t(a)\tmust comply with the conditions of the electricity entity's licence; and\n\t(b)\tcome into force on the day specified by the electricity entity in the notice of the standard terms and conditions published in the Gazette under this section, being a day not earlier than the day on which the notice is published; and\n\t(c)\twhen in force are contractually binding on the electricity entity and the class of customers to which the terms and conditions are expressed to apply; and\n\t(d)\twill, if they vary or exclude the operation of section 120(1) of the National Electricity Law, form an agreement between the electricity entity and each of the customers to which they are expressed to apply for the purposes of that section.\n\t(4)\tSubject to the conditions of an electricity entity's licence, a standard term or condition fixed under this section may be modified or excluded by express agreement between the entity and a customer of the entity.\n\t(5)\tAn electricity entity that has fixed standard terms and conditions under this section must—\n\t(a)\tsupply a copy of the standard terms and conditions, without charge, on request made to the entity at a place approved by the Commission; and\n\t(b)\tpublish the standard terms and conditions on a website maintained by the entity.\nDivision 3AA—Special provisions relating to small customers\n36AA—Provision for standing contract with small customers\n\t(1)\tThis section applies to an electricity entity holding a licence authorising the retailing of electricity that is declared by the Governor under this section to be an electricity entity to which this section applies.\n\t(2)\tIt is a condition of the licence of an electricity entity to which this section applies that the entity must, at the request of a small customer, agree to sell electricity to the customer at the entity's standing contract price and subject to the entity's standing contract terms and conditions.\n\t(4)\tAn entity is not required to sell electricity to a customer in compliance with the condition imposed under subsection (2) if the entity is entitled in accordance with the entity's standing contract terms and conditions to refuse to sell electricity to the customer.\n\t(4a)\tThe following provisions apply in relation to the fixing by the Commission of a standing contract price for an entity for the purposes of this section:\n\t(a)\tthe Commission may fix the price by a determination of a kind referred to in section 35A(1)(a);\n\t(b)\ta determination, other than a determination under paragraph (f), must provide for the expiry of the determination at the end of a period of not less than 3 years specified in the determination;\n\t(c)\ta determination may provide for prices that vary at specified times according to a formula specified in the determination;\n\t(d)\tunless the Commission determines that special circumstances exist—\n\t(i)\ta determination may not be made to take effect before the expiry date of the last preceding determination made by the Commission in accordance with this subsection;\n\t(ii)\ta determination may only be made if the entity has made a submission to the Commission stating the price that the entity proposes be fixed by the Commission as the entity's standing contract price, and the entity's justification for the price, not less than 6 months and not more than 9 months before the making of the determination;\n\t(iii)\tthe Commission must, before making a determination, have conducted an inquiry under Part 7 of the Essential Services Commission Act 2002 into the question of the appropriate price to be fixed as the standing contract price;\n\t(e)\ta submission under paragraph (d) must comply with any requirements as to the form and content of such submissions imposed by the Commission by written notice served on the entity;\n\t(f)\tif the Commission has determined that special circumstances exist—the Commission may make a determination that takes effect as a variation of the existing determination (with effect for the balance of the term of the existing determination (unless another variation is subsequently made)).\n\t(5)\tThe Governor may, by proclamation—\n\t(a)\tdeclare that this section applies to a specified electricity entity; and\n\t(b)\tvary or revoke such a declaration.\n\t(6)\tIn this section—\nstanding contract price, in relation to an entity and a customer, means—\n\t(a)\tthe price fixed by the Commission in accordance with subsection (4a) as the entity's standing contract price for a class of customers to which the customer belongs; or\n\t(b)\tif there is no price for the time being fixed by the Commission as the entity's standard contract price in accordance with subsection (4a), the price fixed by the electricity pricing order under section 35B as at 31 December 2002 for the sale of electricity to non‑contestable customers;\nstanding contract terms and conditions, in relation to an electricity entity, means terms and conditions that have been published by the electricity entity under section 36 as the entity's standing contract terms and conditions.\n\t(7)\tThe Governor may, by proclamation, fix a day on which this section expires.\n36AB—Provision for default contract with small customers\n\t(1)\tThis section applies to an electricity entity holding a licence authorising the retailing of electricity that sells electricity to one or more small customers in South Australia.\n\t(2)\tIt is a condition of the electricity entity's licence that the entity must, if the entity becomes bound, in accordance with the regulations, to sell electricity to a small customer under a default contract arrangement for a period specified in the regulations—\n\t(a)\tgive the customer a written notice in accordance with the regulations; and\n\t(b)\tsell electricity to the customer at the entity's default contract price and subject to the entity's default contract terms and conditions for that period.\n\t(3)\tIn this section—\ndefault contract price, in relation to an electricity entity, means whichever of the following is the price last fixed:\n\t(a)\tthe price fixed for the sale of electricity to non-contestable customers by the electricity pricing order under section 35B immediately before 1 January 2003;\n\t(b)\ta price fixed by the entity as the entity's default contract price by notice published in the Gazette and in a newspaper circulating generally in the State, where—\n\t(i)\tthe price was fixed by the notice with effect from the end of the prescribed period from the date of publication of the notice; and\n\t(ii)\tthe notice contained a statement of the entity's justification for the price; and\n\t(iii)\tthe Commission did not, within the prescribed period, fix the entity's default contract price as referred to in paragraph (c);\n\t(c)\ta price fixed by the Commission as the entity's default contract price by a determination of a kind referred to in section 35A(1)(a);\ndefault contract terms and conditions means terms and conditions that have been published by the electricity entity under section 36 as the entity's default contract terms and conditions.\nDivision 3AB—Feed‑in mechanisms\n36AC—Interpretation\n\t(1)\tIn this Division—\nexcluded electricity means electricity generated by an excluded generator;\nexcluded generator means a small photovoltaic generator that, in the opinion of the operator of a distribution network from which permission to connect the generator is sought, would, but for the fact that the generator is an excluded generator by virtue of this definition, be installed for the dominant purpose of feeding into the network electricity generated by the generator (and the fact that a generator is to be installed in a pair or group of generators may be evidence that the generator is an excluded generator);\nexcluded network means a distribution network that supplies electricity to less than 10 000 domestic customers;\nprescribed amount means the amount determined for the purposes of this Division by the Commission in accordance with section 35A;\nqualifying customer—a small customer is a qualifying customer for the purposes of this Division;\nqualifying generator means a small photovoltaic generator—\n\t(a)\tthat is operated by a qualifying customer; and\n\t(b)\tthat complies with Australian Standard—AS 4777 (as in force from time to time or as substituted from time to time); and\n\t(c)\tthat is connected to a distribution network in a manner that allows electricity generated by the small photovoltaic generator to be fed into the network; and\n\t(d)\tthat is used in conjunction with a meter that complies with a code relating to meters published by the Commission and that falls within a class of meters approved by the Commission by notice in the Gazette,\nother than where the distribution network is an excluded network;\nsmall photovoltaic generator means a photovoltaic system with capacity up to 10kVA for a single phase connection and up to 30kVA for a three phase connection.\n\t(2)\tFor the purposes of the definition of excluded generator, if there are 2 or more meters for measuring the consumption of electricity on a site owned or occupied by 1 customer, in assessing the purpose of the installation of a generator on the site to determine whether or not the generator is an excluded generator, the operator of the distribution network must take into account the electricity consumption of the customer on the site as a whole (despite the fact that, for example, most or all of the electricity consumption on the site is recorded by a different meter from the meter to which the generator is connected).\n36AD—Feeding electricity into networks—requirements on holder of licence authorising retailing\n\t(1)\tIt is a condition of the licence of the electricity entity that has the relevant contract to sell electricity as a retailer to a qualifying customer who feeds electricity generated by a qualifying generator into a distribution network, other than an excluded network, that the retailer will, after taking into account any requirements prescribed by the regulations—\n\t(a)\tcredit against the charges payable by the qualifying customer for the sale of electricity to the qualifying customer the prescribed amount, or an amount determined by the retailer, being an amount greater than the prescribed amount, for electricity fed into the network in excess of the electricity used by the qualifying customer (after taking into account the operation of the following subsections); and\n\t(b)\treflect the credits under paragraph (a) and section 36AE in the charges payable by the qualifying customer for the sale and supply of electricity; and\n\t(c)\tprovide to the qualifying customer information relating to—\n\t(i)\tthe amount of electricity fed into the distribution network by the qualifying customer; and\n\t(ii)\tthe amounts to be credited for the benefit of the qualifying customer for electricity fed into the distribution network.\n\t(2)\tIf the whole of the amounts to be credited to a qualifying customer under paragraph (a) and section 36AE(1) in respect of electricity fed into a distribution network in a particular billing period has not been set‑off against the charges payable by the qualifying customer for the supply of electricity at the end of that billing period, the qualifying customer is, subject to subsection (3), entitled to the payment of the outstanding balance.\n\t(3)\tA retailer may, in respect of any outstanding balance to which a qualifying customer is entitled under subsection (2), pay the balance—\n\t(a)\tat the end of the billing period referred to in subsection (2); or\n\t(b)\tnot later than 1 year after the end of the billing period referred to in subsection (2) (but in such an event the retailer must pay all outstanding balances at that time).\n36AE—Feeding electricity into networks—requirements on holder of licence authorising operation of distribution network\n\t(1)\tIt is a condition of a licence authorising the operation of a distribution network, other than an excluded network, that the holder of the licence will—\n\t(a)\tallow a qualifying customer to feed into the network electricity generated by a qualifying generator (subject to complying with any relevant technical, safety or other requirements imposed by or under this or any other Act or any relevant instrument); and\n\t(b)\tcredit against the charges payable by the qualifying customer for the supply of electricity to the qualifying customer the feed in price for electricity, other than excluded electricity, fed into the network under paragraph (a) in excess of the electricity used by the qualifying customer (after taking into account the operation of section 36AD and the following subsections); and\n\t(c)\tcomply with any reporting requirements imposed by the Minister under subsection (7).\n\t(2)\tSubject to subsection (3), the holder of the licence authorising the operation of a distribution network is only required to credit a qualifying customer under subsection (1)(b) for the first 45kWh of electricity fed into the network each day (and the relevant electricity entity under section 36AD must reflect the relevant credit in giving effect to section 36AD(1)(b)).\n\t(3)\tFor the purposes of subsection (2), the holder of the licence must average the electricity fed into the network by the qualifying customer over a billing period so as to determine an average daily feed‑in amount (and the amount so determined will be taken to be the daily amount fed into the network over the billing period).\n\t(4)\tIf a qualifying customer receives credit under subsection (1)(b) in respect of 1 qualifying generator, the qualifying customer is not entitled to credit for any electricity generated by a second or subsequent qualifying generator of the qualifying customer (but nothing in this subsection prevents such a second or subsequent qualifying generator from being connected to a distribution network for the purposes of feeding electricity into the network).\n\t(5)\tA person is not eligible to receive a credit under this section—\n\t(a)\ton or after 1 October 2013 in respect of a generator (being a qualifying generator) unless the person is a Category 1 qualifying customer or a Category 2 qualifying customer in relation to that generator; or\n\t(b)\ton or after 1 October 2016 in respect of a generator (being a qualifying generator) unless the person is a Category 1 qualifying customer in relation to that generator.\n\t(6)\tIf a generator is, on or after 1 October 2011—\n\t(a)\tsubject to subsection (6a), altered in a manner that increases the capacity of the generator to generate electricity; or\n\t(b)\tdisconnected and moved to another site,\na credit under this section will not be payable from the date of the alteration or disconnection.\n\t(6a)\tIf an alteration under subsection (6)(a)—\n\t(a)\twas approved before 1 October 2011 by the holder of the licence authorising the operation of a distribution network to which the generator is connected; and\n\t(b)\tis completed on or after 1 October 2011 and before 1 October 2013,\nthe qualifying customer in relation to the generator will be taken to be a Category 2 qualifying customer for the purposes of this section.\n\t(7)\tThe Minister may, in connection with the operation or administration of this section—\n\t(a)\tby notice in the Gazette, impose reporting requirements on the holders of licences authorising the operation of distribution networks;\n\t(b)\tby subsequent notice in the Gazette, vary any reporting requirements previously imposed under this subsection (including by the substitution or addition of requirements).\n\t(8)\tSubsections (1)(b), (2), (3) and (4) will not apply to electricity fed into a distribution network after 30 June 2028.\n\t(9)\tFor the purposes of this section—\n\t(a)\ta Category 1 qualifying customer is a qualifying customer in relation to a qualifying generator where—\n\t(i)\tthe generator is a qualifying generator before 1 October 2011; or\n\t(ii)\ta person, before 1 October 2011, has received permission to connect the generator to a distribution network from the holder of a licence authorising the operation of the network and has, within 120 days after 1 October 2011, made arrangements with the holder of the licence for a new meter to be installed on account of that connection; and\n\t(b)\ta Category 2 qualifying customer is a qualifying customer in relation to a qualifying generator where—\n\t(i)\tthe person does not qualify to be a Category 1 qualifying customer under paragraph (a); but\n\t(ii)\t—\n\t(A)\tthe generator is a qualifying generator on or after 1 October 2011 and before 1 October 2013; or\n\t(B)\ta person, before 1 October 2013, has received permission to connect the generator to a distribution network from the holder of a licence authorising the operation of the network and has, within 120 days after 1 October 2013, made arrangements with the holder of the licence for a new meter to be installed on account of that connection.\n\t(10)\tIn this section—\nfeed in price means—\n\t(a)\tin relation to a Category 1 qualifying customer with respect to a qualifying generator—$0.44 per kWh;\n\t(b)\tin relation to a Category 2 qualifying customer with respect to a qualifying generator—$0.16 per kWh.\nDivision 3AC—Contestable services\n36AF—Contestable services\n\t(1)\tThis section applies in relation to the operation of a distribution network.\n\t(2)\tFor the purposes of this section, a service will be taken to be contestable if a customer (or potential customer) may choose the provider of the relevant service.\n\t(3)\tThe regulations may—\n\t(a)\tprescribe a class of services that are to be contestable (including a class that may be determined according to a prescribed class of customer or any other specified factor); and\n\t(b)\tspecify procedures, qualifications, standards and other requirements (including requirements that provide for the preparation of specifications and the use of tenders or other competitive arrangements) that must be applied in relation to the provision of contestable services; and\n\t(c)\trequire compliance with any requirement imposed by a prescribed person or body in relation to the provision of contestable services.\n\t(4)\tIt is a condition of an electricity entity holding a licence authorising the operation of a distribution network that the entity must ensure compliance with any requirements imposed by regulations under subsection (3) (insofar as they apply in the circumstances).\n","sortOrder":7},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Protection of property in infrastructure","content":"Division 3A—Protection of property in infrastructure\n36A—Electricity infrastructure does not merge with land\nSubject to any agreement in writing to the contrary, the ownership of electricity infrastructure constructed or installed for operation by an electricity entity is not affected by its affixation or annexation to land.\n36B—Prevention of dismantling of electricity infrastructure in execution of judgment\n\t(1)\tElectricity infrastructure owned or operated by an electricity entity cannot be dismantled in execution of a judgment.\n\t(2)\tThis section does not prevent the sale of an electricity generating plant or a transmission or distribution network as a going concern in execution of a judgment.\nDivision 4—Suspension or cancellation of licences\n37—Suspension or cancellation of licences\n\t(1)\tThe Commission may, if satisfied that—\n\t(a)\tthe holder of a licence obtained the licence improperly; or\n\t(b)\tthe holder of a licence has been guilty of a material contravention of a condition of the licence or any other requirement imposed by or under this Act or any other Act in connection with the operations authorised by the licence; or\n\t(c)\tthe holder of a licence has ceased to carry on operations authorised by the licence; or\n\t(d)\tthere has been any act or default or change of circumstances such that the holder of a licence would no longer be entitled to the issue of such a licence,\nsuspend or cancel the licence with effect from a specified date.\n\t(2)\tA suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Commission.\n\t(3)\tBefore the Commission acts under this section, the Commission must—\n\t(a)\tnotify the holder of the licence in writing of the proposed action specifying the reasons for the proposed action; and\n\t(b)\tallow the holder of the licence at least 14 days within which to make submissions to the Commission in relation to the proposed action.\n","sortOrder":8},{"sectionNumber":"Div 5","sectionType":"division","heading":"Commission's powers to take over operations","content":"Division 5—Commission's powers to take over operations\n38—Power to take over operations\n\t(1)\tIf—\n\t(a)\tan electricity entity contravenes a condition of its licence or any other requirement of this Act, or an electricity entity's licence ceases, or is to cease, to be in force; and\n\t(b)\tit is necessary, in the Commission's opinion, to take over the entity's operations (or some of them) to ensure an adequate supply of electricity to customers,\nthe Governor may make a proclamation under this section.\n\t(2)\tBefore a proclamation is made under this section, the Commission must give the electricity entity a reasonable opportunity to make written representations giving reasons why the proclamation should not be made.\n\t(3)\tA proclamation under this section—\n\t(a)\tauthorises the Commission to take over the electricity entity's operations or a specified part of the electricity entity's operations; and\n\t(b)\tmay contain ancillary directions (and may, in particular, contain directions about how the costs of carrying on the operations, and revenue generated from the operations, are to be dealt with).\n\t(4)\tA direction under subsection (3)(b) operates to the exclusion of rights that are inconsistent with it.\n39—Appointment of operator\n\t(1)\tWhen a proclamation is made under this Part, the Commission must appoint a suitable person (who may, but need not, be an electricity entity) to take over the relevant operations on agreed terms and conditions.\n\t(2)\tA person appointed to take over an electricity entity's operations is referred to in this section as the operator.\n\t(2a)\tThe operator must comply with any applicable provisions of the National Electricity (South Australia) Law and the National Electricity Rules.\n\t(3)\tThe electricity entity must facilitate the take over of the relevant operations by the operator.\n\t(4)\tThe operator may have access to the electricity infrastructure and other property of the electricity entity for the purposes of carrying on the relevant operations.\n\t(5)\tA person must not obstruct the operator's access to property or the exercise by the operator of the operator's responsibilities under this Part.\nMaximum penalty: $250 000.\n\t(6)\tA person must comply with reasonable directions given by the operator in the exercise of the operator's responsibilities under this Part.\nMaximum penalty: $250 000.\n","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Electricity entities' powers and duties","content":"Part 4—Electricity entities' powers and duties\nDivision 1—Electricity officers\n41—Appointment of electricity officers\n\t(1)\tAn electricity entity may, subject to conditions determined by the Minister, appoint a person to be an electricity officer for the entity.\n\t(2)\tAn electricity officer may only exercise powers under this Act subject to the conditions of appointment and any directions given to the electricity officer by the entity.\n42—Conditions of appointment\n\t(1)\tAn electricity officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position.\n\t(2)\tAn electricity officer may be removed from office by the electricity entity.\n43—Electricity officer's identity card\n\t(1)\tAn electricity entity must give each electricity officer for the entity an identity card.\n\t(2)\tThe identity card must be in a form approved by the Minister and must—\n\t(a)\tcontain a photograph of the electricity officer taken for the purpose; and\n\t(b)\tbe signed by the electricity officer; and\n\t(c)\tidentify the electricity officer as an electricity officer for the relevant electricity entity.\n\t(3)\tA person must, within two days after ceasing to be an electricity officer, return the identity card to the electricity entity.\nMaximum penalty: $250.\n44—Production of identity card\nAn electricity officer must, before exercising a power in relation to another person, produce the officer's identity card for inspection by the other person.\n","sortOrder":10},{"sectionNumber":"Div 1A","sectionType":"division","heading":"General investigative powers of electricity officers","content":"Division 1A—General investigative powers of electricity officers\n44A—General investigative powers of electricity officers\nAn electricity officer may, in the course of exercising powers under this Part, take photographs, films or audio, video or other recordings as reasonably required in connection with the exercise of those powers.\nDivision 2—Powers and duties relating to infrastructure\n45—Entry on land to conduct surveys etc\n\t(1)\tAn electricity entity may, by agreement with the occupier of land or on the authorisation of the Minister, enter and remain on land to conduct surveys or assess the suitability of the land for the construction or installation of electricity infrastructure.\n\t(2)\tThe Minister may authorise an electricity entity to enter and remain on land under this section on conditions the Minister considers appropriate.\n\t(3)\tIf an electricity entity enters land under the authorisation of the Minister, the electricity entity—\n\t(a)\tmust give reasonable notice of the proposed entry on land under this section to the occupier; and\n\t(b)\tmust minimise the impact of work carried out by the electricity entity on activities of others on the land; and\n\t(c)\tmust comply with the conditions of the authorisation.\n46—Acquisition of land\n\t(1)\tAn electricity entity may acquire land in accordance with the Land Acquisition Act 1969.\n\t(2)\tAn electricity entity may only acquire land by compulsory process under the Land Acquisition Act 1969 if the acquisition is authorised in writing by the Minister.\n47—Power to carry out work on public land\n\t(1)\tSubject to this section, an electricity entity may—\n\t(a)\tinstall electricity infrastructure on public land; or\n\t(b)\toperate, maintain, repair, alter, add to, remove or replace electricity infrastructure on public land; or\n\t(c)\tcarry out other work on public land for the generation, transmission, distribution or supply of electricity.\n\t(2)\tWithout limiting subsection (1), the electricity entity may—\n\t(a)\terect powerlines on public land;\n\t(b)\texcavate public land and install underground cables.\n\t(2a)\tThis section does not apply to work of a kind that may be carried out under the statutory easement under Schedule 1 of the Electricity Corporations (Restructuring and Disposal) Act 1999.\n\t(3)\tSubject to this section, an electricity entity must—\n\t(a)\tgive the authority responsible for the management of public land not less than seven days' notice of the entity's intention to carry out work on the land; and\n\t(b)\tsecure the authority's agreement to the carrying out of the work.\n\t(4)\tAn agreement under this section may contain conditions the authority responsible for management of the land considers appropriate in the public interest.\n\t(5)\tPrior notice and agreement are not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.\n\t(6)\tAgreement is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.\n\t(7)\tIf a dispute arises between an electricity entity and the authority responsible for managing public land about whether work should be permitted under this section on the land or about the conditions on which work should be permitted on public land, either party to the dispute may refer the dispute to the Minister.\n\t(8)\tSubsection (7) does not apply to a dispute where the authority responsible for managing the public land is a Minister or a person or body to whom directions may be given by a Minister in relation to the matter in dispute.\n\t(9)\tIf a dispute is referred to the Minister under this section, the Minister must—\n\t(a)\tallow the parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and\n\t(b)\tmake a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms.\n\t(10)\tIf the Minister cannot get the parties to agree, the Minister may make—\n\t(a)\tan order that the work is or is not permitted on the land;\n\t(b)\tif the Minister orders that the work is permitted, an order fixing the conditions on which the work is permitted,\nas the Minister thinks fit.\n\t(13)\tAn electricity entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage.\n\t(14)\tAn electricity entity may only act under this section in relation to public land in a way that interferes with the continued enjoyment or exercise of rights deriving from native title in the land by agreement with the Minister (on behalf of the State) and the holders of native title in the land.\n\t(15)\tThis section does not derogate from the obligation to comply with the provisions of any other Act.\n\t(16)\tIn this section—\nnative title and holder of native title have the same meanings as in the Native Title (South Australia) Act 1994;\npublic land means land owned by the Crown or an instrumentality or agent of the Crown or by a council or other local government body, including any such land that is subject to native title.\n48—Entry for purposes related to infrastructure\n\t(2)\tSubject to this section, if an electricity officer seeks to enter land pursuant to rights conferred on an electricity entity by a statutory or other easement relating to electricity infrastructure situated on the land, the officer must give reasonable written notice to the occupier of the land stating the reason and the date and time of the proposed entry.\n\t(2a)\tDespite subsection (2), an electricity officer may exercise a power of entry referred to in that subsection without giving notice in accordance with subsection (2) in relation to electricity infrastructure situated on land that is in the area of a council and in the bushfire risk area if—\n\t(a)\tthe purpose of the entry is to conduct an inspection of the infrastructure; and\n\t(b)\t—\n\t(i)\tthe electricity entity gives reasonable written notice of the date and time of the proposed entry to the occupier of the land; or\n\t(ii)\tif it is not reasonably practicable for the electricity entity to give notice in accordance with subparagraph (i), the electricity entity—\n\t(A)\tpublishes, at least 1 month before the proposed inspection of infrastructure in the area of the council, a prescribed notice in a newspaper circulating within that area; and\n\t(B)\tconducts the inspection during the period specified in the prescribed notice.\n\t(3)\tIf the proposed entry is refused or obstructed, an electricity officer may obtain a warrant under Part 9 to enter the land.\n\t(4)\tIn an emergency, an electricity officer may exercise a power of entry referred to in this section—\n\t(a)\tat any time and without prior notice if it is not practicable to give such notice; and\n\t(b)\tif necessary in the circumstances, by the use of reasonable force.\n\t(6)\tAn electricity officer may not enter a place under a warrant or by force in an emergency unless accompanied by a member of the police force.\n\t(7)\tAn electricity entity must make good any damage caused by the exercise of powers under a warrant or by force in an emergency as soon as practicable or pay reasonable compensation for the damage.\n\t(8)\tIn this section—\nprescribed notice, in relation to an inspection of electricity infrastructure by an electricity entity in the area of a council, means a notice that specifies the period (of up to 1 month) during which the entity proposes to inspect its infrastructure in the area.\n48A—Easements and access to infrastructure for data transmission and telecommunications\n\t(1)\tWhere electricity infrastructure owned or operated by an electricity entity is situated on land that does not belong to the entity, any powers or rights that the entity has under this Act or pursuant to a statutory or other easement for the purposes of installing, operating and carrying out work relating to electricity infrastructure on that land will be taken also to be exercisable for the purposes of—\n\t(a)\tinstalling telecommunications cables or equipment by attaching it to or incorporating it in the electricity infrastructure on the land; and\n\t(b)\toperating and carrying out work relating to telecommunications cables or equipment so installed; and\n\t(c)\toperating the electricity infrastructure on the land for telecommunications.\n\t(2)\tPowers and rights conferred on an electricity entity under subsection (1) will also, with the consent of the electricity entity, be exercisable by another body in the same manner and subject to the same conditions as would apply if the other body were the electricity entity and persons appointed by the other body subject to conditions determined by the Minister were electricity officers.\n\t(3)\tThis section has effect despite the Real Property Act 1886 or any other law.\nDivision 3—Powers relating to installations\n49—Entry to inspect etc electrical installations\n\t(1)\tAn electricity officer for an electricity entity may, at any reasonable time, enter and remain in a place to which electricity is, is to be, or has been, supplied by the entity—\n\t(a)\tto inspect electrical installations in the place to ensure that it is safe to connect or reconnect electricity supply; or\n\t(b)\tto take action to prevent or minimise an electrical hazard; or\n\t(c)\tto investigate suspected theft of electricity.\n\t(2)\tIn an emergency, an electricity officer may exercise a power of entry under this section at any time and, if necessary in the circumstances, by the use of reasonable force.\n\t(3)\tWhen an electricity officer enters a place under this section, the electricity officer—\n\t(a)\tmay be accompanied by such assistants as the electricity officer considers necessary or appropriate; and\n\t(b)\tmay take any vehicles or equipment the electricity officer considers necessary or appropriate for the functions the electricity officer is to carry out in the place.\n\t(4)\tAn electricity officer may not enter a place by force in an emergency unless accompanied by a member of the police force.\n\t(5)\tIf in the opinion of an electricity officer an electrical installation is unsafe, the electricity officer may disconnect the electricity supply to the place in which the installation is situated until the installation is made safe to the satisfaction of the electricity officer.\n50—Entry to read meters etc\nAn electricity officer for an electricity entity may, at any reasonable time, enter and remain in a place to which electricity is, or is to be, sold or supplied by the entity—\n\t(a)\tto read, or check the accuracy of, a meter for recording consumption of electricity; or\n\t(b)\tto examine the electrical installations in the place to determine load classification and the appropriate price for the sale of electricity; or\n\t(c)\tto install, repair or replace meters, control apparatus and other electrical installations in the place.\n51—Entry to disconnect supply\nIf an electricity officer has proper authority to disconnect an electricity supply to a place, the electricity officer may, at any reasonable time, enter and remain in the place to disconnect the electricity supply to the place.\n52—Disconnection of supply if entry refused\n\t(1)\tIf an electricity officer seeks to enter a place under this Division and entry is refused or obstructed, the electricity entity may, by written notice to the occupier of the place, ask for consent to entry by an electricity officer.\n\t(2)\tThe notice must state the reason and the date and time of the proposed entry.\n\t(3)\tIf entry is again refused or obstructed, the electricity entity may—\n\t(a)\tif it is possible to do so—disconnect the electricity supply to the place without entering the place; or\n\t(b)\tif not—obtain a warrant under Part 9 to enter the place for the purpose of disconnecting the electricity supply, enter the place under the warrant and disconnect the electricity supply.\n\t(4)\tAn electricity officer may not enter a place under a warrant unless accompanied by a member of the police force.\n\t(5)\tAn electricity entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage.\n\t(6)\tThe electricity entity must restore the electricity supply if—\n\t(a)\tthe occupier—\n\t(i)\tconsents to the proposed entry; and\n\t(ii)\tpays the appropriate reconnection fee; and\n\t(b)\tit is safe to restore the electricity supply; and\n\t(c)\tthere is no other lawful ground for refusing to restore the electricity supply.\nDivision 4—Powers and duties in emergencies\n53—Electricity entity may cut off electricity supply to avert danger\n\t(1)\tAn electricity entity may, without incurring any liability, cut off the supply of electricity to any region, area, land or place if it is, in the entity's opinion, necessary to do so to avert danger to person or property.\n\t(2)\tIf an electricity entity proposes to cut off a supply of electricity in order to avert danger of a bush fire, the entity should, if practicable, consult with the Chief Officer of the South Australian Country Fire Service before doing so.\n54—Emergency legislation not affected\nNothing in this Act affects the exercise of any power, or the obligation of a regulated entity to comply with any direction, order or requirement, under the Emergency Management Act 2004, Essential Services Act 1981, Fire and Emergency Services Act 2005, National Electricity (South Australia) Act 1996, National Energy Retail Law (South Australia) Act 2011, National Gas (South Australia) Act 2008 or Part 11 of the South Australian Public Health Act 2011.\n","sortOrder":11},{"sectionNumber":"Part 5","sectionType":"part","heading":"Clearance of vegetation from powerlines","content":"Part 5—Clearance of vegetation from powerlines\nDivision 1—Duties and powers in relation to vegetation clearance\n55—Duties in relation to vegetation clearance\n\t(1)\tAn electricity entity has a duty to take reasonable steps—\n\t(a)\tto keep vegetation of all kinds clear of public powerlines under the entity's control other than powerlines in relation to which the duty to keep vegetation clear is conferred on a council under a vegetation clearance scheme; and\n\t(b)\tto keep naturally occurring vegetation clear of private powerlines under the entity's control,\nin accordance with the principles of vegetation clearance.\n\t(1a)\tA vegetation clearance scheme may, in accordance with Division 2, confer on a council the duty to take reasonable steps to keep vegetation of all kinds clear of public powerlines that are—\n\t(a)\tdesigned to convey electricity at 11 kV or less; and\n\t(b)\twithin both the council's area and an area prescribed by the regulations (a prescribed area); and\n\t(c)\tnot on, above or under private land,\nin accordance with the principles of vegetation clearance.\n\t(2)\tThe occupier of private land has (subject to the principles of vegetation clearance) a duty to take reasonable steps to keep vegetation (other than naturally occurring vegetation) clear of any private powerline on the land in accordance with the principles of vegetation clearance.\n\t(3)\tIf vegetation is planted or nurtured near a public powerline contrary to the principles of vegetation clearance, the entity or council that has the duty under this Part to keep vegetation clear of the powerline may remove the vegetation and recover the cost of so doing as a debt from the person by whom the vegetation was planted or nurtured.\n\t(4)\tIf a council or occupier should have, but has not, kept vegetation clear of a powerline under an electricity entity's control in accordance with a duty of the council or occupier under this Part, the electricity entity may carry out the necessary vegetation clearance work (but the entity incurs no liability for failure to carry out such work).\n\t(5)\tAny costs incurred by an electricity entity in carrying out vegetation clearance work under subsection (4) or repairs to a powerline required as a result of failure by a council or occupier to carry out the duty of the council or occupier under this Part may be recovered as a debt from the council or occupier.\n\t(6)\tThis Part operates to the exclusion of common law duties, and other statutory duties, affecting the clearance of vegetation from a public powerline or a private powerline, and so operates with respect to vegetation clearance work whether the work is carried out by the person having the duty under this Part to keep vegetation clear of the powerline or in pursuance of a delegation or by a contractor or other agent.\n55AA—Powers of electricity entity in relation to vegetation clearance\n\t(1)\tAn electricity entity with a duty under this Part to keep vegetation clear of powerlines may clear vegetation that is within the bushfire risk area if the entity is satisfied that the vegetation is likely to fall onto a public powerline or private powerline under the entity's control so as to damage the powerline, or give rise to a risk of fire, electric shock, or interruption of electricity supply, despite the entity not having a duty under this Part to carry out such work (but the entity incurs no liability for failure to clear such vegetation).\n\t(2)\tAn electricity entity must, before clearing vegetation under subsection (1), obtain a report on the extent of clearance necessary to prevent the vegetation from falling onto a powerline from a person who holds qualifications prescribed by the regulations.\nDivision 2—Vegetation clearance schemes in prescribed areas\n","sortOrder":12},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Content and nature of schemes","content":"Subdivision 1—Content and nature of schemes\n55A—Vegetation clearance schemes\n\t(1)\tAn electricity entity may agree a vegetation clearance scheme with a council governing the way in which vegetation is to be kept clear of public powerlines on land (other than private land) within both the council's area and a prescribed area.\n\t(2)\tA vegetation clearance scheme may do one or more of the following:\n\t(a)\tit may require the electricity entity to inspect and clear vegetation more frequently than is required under the principles of vegetation clearance or otherwise govern the way in which the entity will carry out its duty to clear vegetation;\n\t(b)\tit may—\n\t(i)\tcontain a delegation by the electricity entity of a function or power under this Part in relation to powerlines designed to convey electricity at 11 kV or less;\n\t(ii)\trequire that the electricity entity be indemnified for any liability arising from an act or omission of the council under the delegation;\n\t(c)\tit may confer on the council the duty to keep vegetation of all kinds clear of specified public powerlines that are designed to convey electricity at 11 kV or less;\n\t(d)\tit may exempt the council from the principles of vegetation clearance relating to the planting or nurturing of vegetation near overhead public powerlines;\n\t(e)\tit may impose obligations on the electricity entity or the council with respect to clearance work or reducing the need for clearance work;\nExample—\nFor example, a scheme may provide for—\n\t•\tspecified powerlines to be moved or placed underground;\n\t•\tspecified vegetation to be removed or restrictions on the types of vegetation that may be planted or nurtured near powerlines;\n\t•\tpayments by the council to the entity or by the entity to the council.\n\t(f)\tit may make provision for other related matters.\n\t(3)\tA vegetation clearance scheme cannot derogate from the principles of vegetation clearance except to the extent referred to in subsection (2)(d).\n\t(4)\tA vegetation clearance scheme—\n\t(a)\tmust be in writing and (subject to Subdivision 2) executed by the council and the electricity entity; and\n\t(b)\tmay be modified by written agreement between the parties.\n\t(5)\tA delegation by the electricity entity under a vegetation clearance scheme—\n\t(a)\tmay be subject to conditions specified in the scheme; and\n\t(b)\tmay be varied or revoked by the electricity entity in accordance with the terms of the scheme; and\n\t(c)\tdoes not prevent the electricity entity from acting in any matter.\n\t(6)\tIf the duty to keep vegetation of all kinds clear of powerlines is conferred on a council under a vegetation clearance scheme, the principles of vegetation clearance relating to the planting or nurturing of vegetation near powerlines do not apply to vegetation planted or nurtured on land (other than private land) by the council, or on the authority of the council, near overhead public powerlines in relation to which the duty is conferred.\n","sortOrder":13},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Disputes about schemes","content":"Subdivision 2—Disputes about schemes\n55B—Vegetation clearance scheme dispute\n\t(1)\tA vegetation clearance scheme dispute exists if an electricity entity and a council fail to agree on—\n\t(a)\ta proposal for a vegetation clearance scheme under this Division; or\n\t(b)\ta proposal for modification of such a scheme.\n\t(2)\tAn electricity entity or a council may, by written notice to the Technical Regulator, ask the Technical Regulator to determine a vegetation clearance scheme dispute under this Division.\n\t(3)\tThe notice must contain or be accompanied by the information or documents required by the Technical Regulator.\n\t(4)\tThe party seeking a determination must give a copy of the notice to the other party to the dispute.\n55C—Circumstances in which Technical Regulator not obliged to determine dispute\n\t(1)\tThe Technical Regulator will not determine a vegetation clearance scheme dispute unless—\n\t(a)\tat least six months have passed since the presentation by one of the parties to the other of a written proposal for a vegetation clearance scheme between the parties or for modification of such a scheme; or\n\t(b)\tless than six months have passed since the presentation of such a proposal but the other party has not negotiated reasonably and constructively, or at all, on the proposal.\n\t(2)\tThe Technical Regulator is not obliged to determine a vegetation clearance scheme dispute if the Technical Regulator is satisfied—\n\t(a)\tthat the subject matter of the dispute is trivial, misconceived or lacking in substance; or\n\t(b)\ttaking into account the particular circumstances of the dispute, that the party seeking determination of the dispute has not negotiated reasonably and constructively, or at all, on the proposal; or\n\t(c)\ton the application of a party to the dispute and taking into account the particular circumstances of the dispute, that there are good reasons why the dispute should not be determined.\n55D—Determinations\n\t(1)\tThe Technical Regulator may, on application under this Subdivision, determine—\n\t(a)\tin the case of a dispute about a proposal for a vegetation clearance scheme—the terms of the scheme;\n\t(b)\tin the case of a dispute about a proposal for modification of a vegetation clearance scheme—whether or not the scheme is to be modified and, if it is to be modified, the terms of the modification.\n\t(2)\tThe Technical Regulator may not, in determining a scheme or modification of a scheme, confer on a council the duty to keep vegetation clear of public powerlines except—\n\t(a)\twith the council's consent; or\n\t(b)\tin a case where the Technical Regulator is satisfied that it is appropriate to do so in view of significant failure by the council or the electricity entity to carry out properly, or at all, vegetation clearance work in relation to powerlines in the area and in view of the reasons for the failure.\n\t(3)\tThe Technical Regulator may confer a duty on a council in accordance with subsection (2) only in respect of particular powerlines in respect of which the Technical Regulator is satisfied the conferral of the duty is appropriate.\n\t(4)\tIf the Technical Regulator proposes to confer on a council a duty to keep vegetation clear of public powerlines in circumstances in which there has been failure by the electricity entity to carry out properly, or at all, vegetation clearance work in relation to those powerlines, the Technical Regulator must consider whether the council should be given an indemnity for any liability arising from the entity's failure or whether the conferral of the duty should be postponed for a period designed to allow any necessary work to be carried out.\n\t(5)\tThe Technical Regulator may—\n\t(a)\tstipulate that a scheme or modification of a scheme is to have effect at a specified future time;\n\t(b)\tstipulate that parts of a scheme or modification of a scheme have effect at different future times.\n\t(6)\tA scheme or modification of a scheme determined by the Technical Regulator under this Division has effect according to its terms and need not be executed by the parties.\n55E—Principles to be taken into account\n\t(1)\tIn determining a vegetation clearance scheme dispute, the Technical Regulator must take into account—\n\t(a)\tthe nature of the vegetation, including its expected rate of growth;\n\t(b)\tthe impact that the clearance work would be likely to have on the amenity of the area;\n\t(c)\tthe historical or biological significance (if any) of the vegetation;\n\t(d)\tthe long term effect that the clearance work would be likely to have on the health and appearance of the vegetation;\n\t(e)\tthe controls on the planting and nurturing of vegetation applicable in the area;\n\t(f)\tthe need to prevent damage to the powerlines and interruption to the supply of electricity and to safeguard the public against electric shock and damage to property;\n\t(g)\tthe extent and frequency of past vegetation clearance in the area;\n\t(h)\twhether requirements with respect to vegetation clearance and the planting and nurturing of vegetation have been complied with in the area and, if not, the reasons for the non-compliance;\n\t(i)\tthe existence and terms of other vegetation clearance schemes;\n\t(j)\tany proposal to alter, remove or underground powerlines in the area;\n\t(k)\tthe costs of the proposals (including insurance premiums) to the council and to the electricity entity and the financial resources of the council and entity;\n\t(l)\tthe limits on the financial and other resources of the electricity entity that may be devoted to the scheme and the schemes for the areas of other councils;\n\t(m)\tthe desirability of preserving so far as practicable terms agreed between the parties;\n\t(n)\tany other matters prescribed by the regulations.\n\t(2)\tThe Technical Regulator may take into account other matters the Technical Regulator considers appropriate.\n55F—Conduct of proceedings\n\t(1)\tThe Technical Regulator must conduct proceedings for the determination of a dispute with a view to ensuring—\n\t(a)\ta fair and reasonable exchange of the parties' views; and\n\t(b)\tthe proper investigation and consideration of all matters relevant to the fair determination of the dispute; and\n\t(c)\tthe speedy resolution of the dispute.\n\t(2)\tThe Technical Regulator—\n\t(a)\tis not bound by technicalities, legal forms or rules of evidence; and\n\t(b)\tmay obtain information on matters relevant to the dispute in any way the Technical Regulator thinks fit.\n\t(3)\tThe Technical Regulator may require the presentation of evidence or argument in writing and may decide matters on which the Technical Regulator will hear oral evidence or argument.\n\t(4)\tIf the Technical Regulator decides to hear oral evidence or argument—\n\t(a)\tthe proceedings must be conducted in public unless—\n\t(i)\tboth parties agree to have the proceedings (or part of the proceedings) conducted in private; or\n\t(ii)\tthe Technical Regulator orders the public to be excluded from attendance in accordance with subsection (5); and\n\t(b)\tthe parties may not be represented in the proceedings by lawyers except by leave of the Technical Regulator.\n\t(5)\tThe Technical Regulator may order the public to be excluded from attendance at proceedings in order—\n\t(a)\tto consider in confidence information that has commercial value to a person or relates to the commercial or financial affairs of a person (the Technical Regulator being satisfied that it is reasonably foreseeable that public disclosure of the information could cause significant damage to a person or the interests of a person or confer an unfair commercial or financial advantage on a person); or\n\t(b)\tto ensure that the Technical Regulator does not—\n\t(i)\tbreach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty; or\n\t(ii)\tunreasonably expose himself or herself to any legal process or liability.\n\t(6)\tThe Technical Regulator may give directions about who may be present at proceedings during any period when the public is excluded from attendance having regard to the wishes of the parties and the need for commercial confidentiality.\n\t(7)\tA person must comply with a direction under subsection (6).\n\t(8)\tThe Technical Regulator may—\n\t(a)\tgive procedural directions;\n\t(b)\tmake orders requiring—\n\t(i)\tthe delivery of documents clarifying the issues between the parties;\n\t(ii)\tthe discovery and inspection of documents;\n\t(c)\tsit at any time or place;\n\t(d)\tadjourn the proceedings from time to time and from place to place;\n\t(e)\trefer a matter to an expert for report, and accept the expert's report in evidence;\n\t(f)\tappoint a mediator to facilitate resolution of the dispute by conciliation;\n\t(g)\tfix and enforce time limits for steps in the proceedings and do anything else necessary for the expeditious and fair hearing and determination of the dispute.\n\t(9)\tThe Technical Regulator may proceed in the absence of a party or on failure by a party to provide written evidence or argument if the party has been given notice of the proceedings or of the requirement to provide written evidence or argument.\n\t(10)\tThe Technical Regulator may engage or appoint a lawyer to provide advice on the conduct of the proceedings and assist the Technical Regulator in drafting the determination.\n55G—Giving of relevant documents to Technical Regulator\nA party to the dispute may give the Technical Regulator a copy of documents (including confidential documents) the party considers to be relevant to the dispute.\n55H—Power to obtain information and documents\n\t(1)\tIf the Technical Regulator has reason to believe that a person is in a position to give information, or to produce documents, that may be relevant to the dispute, the Technical Regulator may, by written notice—\n\t(a)\trequire the person within a period stated in the notice—\n\t(i)\tto give the Technical Regulator a written statement of specified information; or\n\t(ii)\tto produce to the Technical Regulator specified documents or copies of specified documents; or\n\t(b)\trequire the person to appear before the Technical Regulator at a specified time and place to give evidence.\n\t(2)\tA written statement must, if the Technical Regulator so requires, be verified by statutory declaration of the person providing the information or, if the person is a body corporate, an appropriate officer of the body corporate.\n\t(3)\tIf documents (whether originals or copies) are produced to the Technical Regulator, the Technical Regulator may—\n\t(a)\ttake possession of, make copies of, and take extracts from, the documents; and\n\t(b)\tkeep the documents for as long as is reasonably necessary for the purposes of the determination.\n\t(4)\tA person must—\n\t(a)\tcomply with a requirement of the Technical Regulator under subsection (1) or (2); and\n\t(b)\tif the person is required to appear as a witness before the Technical Regulator—comply with further requirements to make an oath or affirmation, or to answer questions.\n\t(5)\tHowever, a person need not give information or produce a document if—\n\t(a)\tthe information or the contents of the document is the subject of legal professional privilege, or would tend to incriminate the person of an offence; and\n\t(b)\tthe person objects to giving the information or producing the document by giving written notice of the ground of the objection to the Technical Regulator or, if the person is appearing as a witness before the Technical Regulator, by an oral statement of the ground of objection.\n55I—Confidentiality of information\n\t(1)\tA person who gives the Technical Regulator information, or produces documents, may ask the Technical Regulator to keep the information or the contents of the documents confidential.\n\t(2)\tThe Technical Regulator may, after considering representations from the parties (or the other party), impose conditions limiting access to, or disclosure of, the information or documentary material in order—\n\t(a)\tto consider in confidence information that has commercial value to a person or relates to the commercial or financial affairs of a person (the Technical Regulator being satisfied that it is reasonably foreseeable that public disclosure of the information could cause significant damage to a person or the interests of a person or confer an unfair commercial or financial advantage on a person); or\n\t(b)\tto ensure that the Technical Regulator does not—\n\t(i)\tbreach any law, order or direction of a court or tribunal constituted by law, or other legal obligation or duty; or\n\t(ii)\tunreasonably expose himself or herself to any legal process or liability.\n\t(3)\tA person must not contravene a condition imposed under subsection (2).\n55J—Termination of proceedings for determination\nThe Technical Regulator may terminate proceedings for a determination if—\n\t(a)\tthe parties request or consent to the termination; or\n\t(b)\tthe Technical Regulator forms the opinion that—\n\t(i)\tthe subject matter of the dispute is trivial, misconceived or lacking in substance; or\n\t(ii)\tthe party seeking determination of the dispute has refused or failed to negotiate reasonably and constructively with the other party.\n55K—Procedure for giving determination\n\t(1)\tBefore the Technical Regulator makes a determination, the Technical Regulator must give each party to the dispute a copy of the draft determination and may take into account representations that either of them may make on the proposed determination.\n\t(2)\tA determination must be in writing.\n\t(3)\tIf the Technical Regulator does not give reasons in writing for a determination under this Division when the determination is made, the Regulator must do so on request made by a party affected by the determination within one month of the making of the determination.\n\t(4)\tThe Technical Regulator must, within seven days after a determination is made give a copy of the determination to the parties to the dispute.\n55L—Costs\n\t(1)\tThe Technical Regulator's costs in determining a vegetation clearance scheme dispute are to be borne by the parties to the dispute in proportions decided by the Technical Regulator and, in the absence of a decision by the Technical Regulator, in equal proportions.\n\t(2)\tThe costs will include the costs of any mediation or expert's report.\n\t(3)\tThe amount of the costs will be as determined by the Technical Regulator.\n\t(4)\tThe Technical Regulator may, but is not required to, hear submissions from the parties as to apportionment of the costs.\n\t(5)\tThe Technical Regulator may recover the costs as a debt.\n\t(6)\tIn any proceedings—\n\t(a)\ta document signed by the Technical Regulator certifying as to the amount of the costs of a determination payable by a specified electricity entity or council constitutes proof of the matters so certified; and\n\t(b)\tan apparently genuine document purporting to be such a certificate of the Technical Regulator is to be presumed to be such a certificate in the absence of proof to the contrary.\n","sortOrder":14},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Enforcement of schemes","content":"Subdivision 3—Enforcement of schemes\n55M—Enforcement as contract\nA vegetation clearance scheme agreed or determined under this Division has effect, and may be enforced, as a contract between the electricity entity and the council concerned.\n","sortOrder":15},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Resolution of disputes under schemes","content":"Subdivision 4—Resolution of disputes under schemes\n55N—Resolution of dispute by intervention of Technical Regulator\n\t(1)\tA party to a vegetation clearance scheme agreed or determined under this Division may ask the Technical Regulator to assist in the resolution of a dispute that has arisen under the scheme.\n\t(2)\tThe Technical Regulator has a discretion whether to assist in, or to continue to assist in, the resolution of the dispute and may impose conditions that must be satisfied if assistance is to be given or continued.\n\t(3)\tIf the Technical Regulator proceeds under this section, the Regulator may do one or more of the following to resolve the dispute:\n\t(a)\tappoint a mediator to facilitate resolution of the dispute by conciliation;\n\t(b)\tgive directions to either or both parties;\n\t(c)\tdetermine that the vegetation clearance scheme is to be modified in a specified way.\n\t(4)\tThe provisions of Subdivision 2 apply (with necessary or prescribed modifications) to proceedings under this section in the same way as to proceedings for determination of a vegetation clearance scheme dispute.\nDivision 3—Miscellaneous\n56—Role of councils in relation to vegetation clearance not within prescribed areas\n\t(1)\tAn electricity entity may make an arrangement with a council conferring on the council a specified role in relation to vegetation clearance around public powerlines that are not within a prescribed area.\n\t(2)\tThe arrangement—\n\t(a)\tmust be in writing and executed by the electricity entity and the council; and\n\t(b)\tmay contain a delegation by the electricity entity of a function or power under this Part; and\n\t(c)\tmay require that the electricity entity be indemnified for any liability arising from an act or omission of the council under a delegation; and\n\t(d)\tmay provide for the termination of the arrangement by the electricity entity or the council; and\n\t(e)\tmay provide for the variation of the arrangement by the electricity entity and the council.\n\t(3)\tA delegation by the electricity entity for the purposes of the arrangement—\n\t(a)\tmay be subject to conditions specified in the arrangement; and\n\t(b)\tmay be varied or revoked by the electricity entity in accordance with the terms of the arrangement; and\n\t(c)\tdoes not prevent the electricity entity from acting in any matter.\n57—Power to enter for vegetation clearance purposes\n\t(1)\tAn electricity officer for an electricity entity or council officer may, at any reasonable time, enter and remain on land to carry out vegetation clearance work that the entity or council is required or authorised to carry out under this Part.\n\t(2)\tSubject to this section, if an electricity officer or council officer seeks to enter land under this section, the officer must give not less than 30 days written notice (or such lesser period of notice as is agreed to by the occupier) to the occupier of the land—\n\t(a)\tstating the reason and the date and time of the proposed entry; and\n\t(b)\tstating the nature of the clearance work to be carried out; and\n\t(c)\totherwise complying with the requirements of the regulations.\n\t(2a)\tSubsection (2) does not apply if the clearance work to be carried out is subject to a vegetation clearance scheme.\n\t(3)\tIf the proposed entry is refused or obstructed, an electricity officer or council officer may obtain a warrant under Part 9 to enter the land.\n\t(4)\tIn an emergency, an electricity officer or council officer may exercise a power of entry under this section—\n\t(a)\tat any time and without prior notice if it is not practicable to give such notice; and\n\t(b)\tif necessary in the circumstances, by the use of reasonable force.\n\t(5)\tWhen an electricity officer or council officer enters land under this section, the officer—\n\t(a)\tmay be accompanied by such assistants as the officer considers necessary or appropriate; and\n\t(b)\tmay take any vehicles or equipment the officer considers necessary or appropriate for the functions the officer is to carry out on the land.\n\t(6)\tAn electricity officer may not enter a place under a warrant or by force in an emergency unless accompanied by a member of the police force.\n\t(7)\tWhen entering a place under a warrant or by force in an emergency, a council officer may be accompanied by a member of the police force.\n58—Regulations in respect of vegetation clearance\n\t(1)\tThe Governor may, after consulting with the Minister responsible for the administration of the Environment Protection Act 1993, make regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public or private powerlines.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tauthorise the making of agreements between electricity entities and occupiers of land with respect to vegetation clearance work around powerlines on, above or under the land; and\n\t(b)\tprovide to owners or occupiers of land a right to object to a Minister or other specified person or body against proposed vegetation clearance work by electricity entities or councils around powerlines on, above or under the land, and provide for the consideration and determination of such objections; and\n\t(c)\tprovide for a process under which vegetation clearance schemes with respect to public powerlines within council areas but not within the prescribed areas are negotiated, from time to time, between electricity entities and councils; and\n\t(d)\tprovide for the granting of exemptions from the principles of vegetation clearance; and\n\t(e)\tmake provisions of a savings or transitional nature; and\n\t(f)\tfix a penalty not exceeding $5 000 for contravention of a regulation.\n","sortOrder":16},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Undergrounding of powerlines","content":"Part 5A—Undergrounding of powerlines\n58A—Program for undergrounding of powerlines\n\t(1)\tThe Minister may prepare periodic programs for work to be carried out by an electricity entity for the undergrounding of powerlines forming part of a transmission or distribution network operated by the entity.\n\t(2)\tUndergrounding work may not be included in a program unless—\n\t(a)\tthe council of each area concerned agrees to contribute to the cost of the work in its area on the basis determined by the Minister; or\n\t(b)\tthe Minister determines, in relation to particular work, that the council need not contribute to the cost of the work.\n\t(3)\tIn preparing programs, the Minister must ensure that the total cost of the work to be carried out at the expense of electricity entities in each financial year (as estimated by the Minister) is not less than an amount fixed or determined under the regulations for that financial year.\n\t(4)\tThe Minister must consult with the Local Government Association of South Australia before a regulation is made for the purposes of subsection (3).\n\t(5)\tIn preparing a program, the Minister must consult with, and seek proposals and submissions from, councils, electricity entities, bodies (other than councils) responsible for the care, control or management of roads and other persons as the Minister considers appropriate.\n\t(6)\tThe Minister must give a copy of a program to each electricity entity required to undertake work in accordance with the program at least six months before the commencement of the period to which the program relates.\n\t(7)\tThe Minister may, at the request or with the consent of an electricity entity required to undertake work in accordance with a program, vary the requirements imposed on the entity under the program.\n\t(8)\tBefore varying a program, the Minister must consult with councils, electricity entities, bodies (other than councils) responsible for the care, control or management of roads and other persons as the Minister considers appropriate.\n\t(9)\tThe Minister must give due consideration to matters arising from any submissions and consultations under this section.\n","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"Safety and technical issues","content":"Part 6—Safety and technical issues\n59—Requirements relating to electrical installation connection and meter installation\n\t(1)\tA person must not personally carry out the work of connecting electricity supply from a transmission or distribution network to an electrical installation, or installing or replacing a meter, unless—\n\t(a)\tthe person is carrying out the work as an employee or contractor directly or indirectly on behalf of a prescribed person; or\n\t(b)\tthe electricity entity that operates the network has specifically authorised the person to carry out the work.\nMaximum penalty: $5 000.\n\t(1a)\tA prescribed person must not cause or permit or authorise a person to personally carry out the work of connecting electricity supply from a transmission or distribution network to an electrical installation, or installing or replacing a meter, unless the person personally carrying out the work has the appropriate knowledge and skills required for that purpose.\nMaximum penalty: $50 000.\n\t(1b)\tIf, when electricity supply from a transmission or distribution network is connected to an electrical installation, other than an installation to which electricity supply from the network has previously been connected—\n\t(a)\tthe installation does not comply with technical and safety requirements under the regulations; or\n\t(b)\tthere is a failure to comply with technical and safety requirements under the regulations relating to the making of the connection,\nthe person personally carrying out the work of making the connection and, if the person is carrying out the work as an employee or contractor directly or indirectly on behalf of the electricity entity that operates the network, the electricity entity are each guilty of an offence.\n\t(a)\tin the case of the person personally carrying out the work of making the connection—$5 000;\n\t(b)\tin the case of the electricity entity—$50 000.\nExpiation fee: in the case of the person personally carrying out the work of making the connection—$315.\n\t(1c)\tSubject to the regulations, neither the electricity entity that operates the network nor the person personally carrying out the work of making the connection commits an offence under subsection (1b)(a) in relation to an electrical installation if the entity has, before the making of the connection, been provided with a certificate of compliance issued under this Part in relation to the installation.\n\t(1d)\tIf, when electricity supply from a transmission or distribution network is connected to an electrical installation following the prior disconnection from the network of electricity supply to the installation for safety reasons—\n\t(a)\tany work that has been carried out on the installation since the disconnection has not complied with the regulations; or\n\t(b)\tin a case where the disconnection was by, or at the direction of, an authorised officer or the Technical Regulator—the making of the connection has not been approved by an authorised officer or the Technical Regulator; or\n\t(c)\tin a case where the disconnection was by an electricity officer—there has not been rectification of the fault giving rise to the disconnection; or\n\t(d)\tthere is a failure to comply with technical and safety requirements under the regulations relating to the making of the connection,\nthe person personally carrying out the work of making the connection and, if the person is carrying out the work as an employee or contractor directly or indirectly on behalf of a prescribed person, the prescribed person are each guilty of an offence.\n\t(a)\tin the case of the person personally carrying out the work of making the connection—$10 000;\n\t(b)\tin the case of the prescribed person—$50 000.\nExpiation fee: in the case of a contravention of paragraph (b) by the person personally carrying out the work of making the connection—$1 000.\n\t(1e)\tSubject to the regulations, neither a prescribed person nor the person personally carrying out the work of making the connection commits an offence under subsection (1d)(a) in relation to work carried out on an electrical installation if the prescribed person has, before the making of the connection, been provided with a certificate of compliance issued under this Part in relation to the work on the installation.\n\t(1f)\tNeither a prescribed person nor the person personally carrying out the work of making the connection commits an offence under subsection (1d)(b) unless notice has been given, orally or by fax or email, to the prescribed person, or an employee or agent of the prescribed person, that electricity supply to the installation has been disconnected by, or at the direction of, an authorised officer or the Technical Regulator.\n\t(1g)\tIf, in carrying out the work of installing or replacing a meter, there is a failure to comply with—\n\t(a)\tregulations relating to the carrying out of such work or examinations and tests relating to such work; or\n\t(b)\ttechnical and safety requirements under the regulations relating to the connection of electricity supply from a transmission or distribution network to an electrical installation,\nthe person personally carrying out the work and, if the person is carrying out the work as an employee or contractor directly or indirectly on behalf of a prescribed person, the prescribed person are each guilty of an offence.\n\t(a)\tin the case of the person personally carrying out the work—$5 000;\n\t(b)\tin the case of the prescribed person—$50 000.\nExpiation fee: in the case of the person personally carrying out the work—$315.\n\t(2)\tAn electricity officer for an electricity entity may disconnect the electricity supply to an electrical installation that—\n\t(a)\tis connected to the entity's transmission or distribution network in contravention of this section; or\n\t(b)\totherwise does not comply with this Act.\n\t(3)\tFor the purposes of this section, electricity supply to an electrical installation is disconnected for safety reasons if the electricity supply is disconnected—\n\t(a)\tby, or at the direction of, an authorised officer or the Technical Regulator; or\n\t(b)\tby an electricity officer because of a contravention of this Act relating to the electrical installation or its connection, or because the electrical installation is, in the officer's opinion unsafe; or\n\t(c)\tto allow work on the electrical installation to be carried out safely.\n\t(4)\tFor the purposes of this section—\n\t(a)\tthe electricity entity that operates the transmission or distribution network concerned is a prescribed person; and\n\t(b)\ta metering provider is a prescribed person in relation to the work of installing or replacing a meter; and\n\t(c)\tthe work of installing or replacing a meter includes—\n\t(i)\tthe temporary disconnection of the electricity supply while the work is carried out; and\n\t(ii)\tconnecting or reconnecting electricity supply from a transmission or distribution network to the electrical installation to which the meter is wired following the installation or replacement of the meter.\n\t(5)\tIn this section—\nmeter means a meter and associated equipment for measuring the consumption of electricity supplied to a place from a transmission or distribution network;\nmetering provider means a person accredited and registered as a metering provider under the National Electricity Rules.\n60—Responsibility of owner or operator of infrastructure or installation\n\t(1)\tA person who owns or operates electricity infrastructure must take reasonable steps to ensure that—\n\t(a)\tthe infrastructure complies with, and is operated in accordance with, technical and safety requirements imposed under the regulations; and\n\t(b)\tthe infrastructure is safe and safely operated.\n\t(1a)\tA person who contravenes subsection (1) is guilty of an offence.\n\t(a)\tif the person committed the offence intentionally or recklessly and with the knowledge that an immediate and material risk of harm to any person will or might result—\n\t(i)\tif the offender is a body corporate—a penalty of $250 000; or\n\t(ii)\tin any other case—a penalty of $50 000; or\n\t(b)\tin any other case—\n\t(i)\tif the offender is a body corporate—a penalty of $100 000; or\n\t(ii)\tin any other case—a penalty of $20 000.\n\t(1b)\tA person who owns or operates an electrical installation must take reasonable steps to ensure that—\n\t(a)\tthe installation complies with, and is operated in accordance with, technical and safety requirements imposed under the regulations; and\n\t(b)\tthe installation is safe and safely operated.\n\t(a)\tif the offender is a body corporate—a penalty of $50 000;\n\t(b)\tin any other case—a penalty of $10 000.\n\t(2)\tFor the purpose of ensuring under this section that an electrical installation complies with the technical and safety requirements and is safe, a person may, subject to the regulations, rely on a certificate of compliance issued under this Part in relation to the installation.\n60A—Responsibility to ensure correct polarity and phase relationship\nAn electricity entity that operates a transmission or distribution network must ensure that any work carried out on behalf of the entity that could affect the safety of connected electrical installations is appropriately tested to ensure the correct polarity and phase relationship.\n60B—Safety, reliability, maintenance and technical management plans\nA person exempted from the requirement to hold a licence authorising the generation of electricity or the operation of a transmission or distribution network must, if so required by the Technical Regulator by written notice—\n\t(a)\tprepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and\n\t(b)\tobtain the approval of the Technical Regulator to the plan and any revision; and\n\t(c)\tcomply with the plan as approved from time to time; and\n\t(d)\taudit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator.\n61—Electrical installation work\n\t(1)\tA person to whom this subsection applies who carries out work on an electrical installation or proposed electrical installation must ensure that—\n\t(a)\tthe work is carried out as required under the regulations; and\n\t(b)\texaminations and tests are carried out as required under the regulations; and\n\t(c)\tthe requirements of the regulations as to notification and certificates of compliance are complied with.\n\t(a)\tif the offender is a body corporate—a penalty of $50 000;\n\t(b)\tin any other case—a penalty of $10 000.\n\t(2)\tSubsection (1) applies—\n\t(a)\tif a licensed electrical contractor under the Plumbers, Gas Fitters and Electricians Act 1995 or licensed building work contractor under the Building Work Contractors Act 1995 has employed or engaged a registered electrical worker under the Plumbers, Gas Fitters and Electricians Act 1995 to personally carry out work on an electrical installation or proposed electrical installation—to the licensed electrical contractor or licensed building work contractor; or\n\t(b)\tif a registered electrical worker under the Plumbers, Gas Fitters and Electricians Act 1995 who personally carries out work on an electrical installation or proposed electrical installation has not been employed or engaged to do so by a licensed electrical contractor under the Plumbers, Gas Fitters and Electricians Act 1995 or licensed building work contractor under the Building Work Contractors Act 1995—to the registered electrical worker.\n\t(3)\tA prosecution for an offence against subsection (1) may be brought at any time within the period of 3 years after the date on which the offence is alleged to have been committed.\n\t(4)\tIf a person other than a person to whom subsection (1) applies personally carries out work of a kind prescribed by the regulations on an electrical installation or proposed electrical installation, the person must ensure that the work is carried out as required under the regulations.\n61A—Unsafe installation of electrical equipment\nA person must not install electrical equipment that the person knows or should be reasonably expected to know is, or will be, unsafe in use.\n61B—Design of electrical installations\nAn electrical installation must be designed in accordance with technical and safety requirements under the regulations.\n62—Power to require rectification etc in relation to infrastructure, installations or equipment\n\t(1)\tIf electricity infrastructure, an electrical installation or electrical equipment is unsafe, or the Technical Regulator believes on reasonable grounds that the infrastructure, installation or equipment is, or may become, unsafe when in use, or does not comply with this Act, the Technical Regulator may give a direction requiring—\n\t(a)\trectification of the infrastructure, installation or equipment to the Technical Regulator's satisfaction within a period specified in the direction;\n\t(b)\tif appropriate, the temporary disconnection of the electricity supply while the rectification work is carried out;\n\t(c)\tthe disconnection and removal of the infrastructure, installation or equipment.\n\t(2)\tSubject to this section, a direction under this section must be given—\n\t(a)\tin relation to infrastructure—to the electricity entity that operates the infrastructure;\n\t(b)\tin relation to an installation or equipment—\n\t(i)\tin the case of an installation or equipment that is unsafe, or in relation to which it is reasonably believed that the installation or equipment is, or may become, unsafe when in use, as a result of work performed on the installation or equipment within 2 years before the giving of the direction and with the consent of the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated—to the person who carried out the work, unless that person is not authorised to carry out such work; or\n\t(ii)\tin any other case—to the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated.\n\t(3)\tA direction may be given by written notice or, if the Technical Regulator is of the opinion that immediate action is required, orally (but if the direction is given orally it must be confirmed in writing).\n\t(4)\tA person to whom a direction is given under this section—\n\t(b)\tmust not fail to take action specified in the direction to rectify the contravention within the period specified in the direction; and\n\t(c)\tmust not reconnect or permit the reconnection of the electricity supply, or connect or permit the connection of the infrastructure (or part of the infrastructure), installation or equipment to any other supply of electricity, without the written approval of an authorised officer.\n\t(a)\tin the case of an offence against paragraph (c)—$1 000;\n\t(5)\tIf a person does not comply with a direction, the Technical Regulator may take the action that is reasonable and necessary to have the direction carried out.\n\t(6)\tA person, authorised in writing by the Technical Regulator, may do what is reasonable and necessary to carry out the direction.\n\t(7)\tThe costs incurred in carrying out the direction are recoverable as a debt due to the Crown.\n62A—Public warning statements\n\t(1)\tThe Technical Regulator may, if satisfied that it is in the public interest to do so, make a public statement identifying and giving warnings or information about any of the following:\n\t(a)\telectrical equipment that, in the opinion of the Technical Regulator, is or is likely to become unsafe in use and persons who supply the equipment;\n\t(b)\tuses of electrical equipment, or installation practices, that, in the opinion of the Technical Regulator, pose a danger to persons or property;\n\t(c)\tany other dangers to persons or property associated with electricity or electrical equipment.\n\t(2)\tA statement under subsection (1) may identify particular electrical equipment, services, practices and persons.\n\t(3)\tThe Technical Regulator is not obliged to conduct a hearing or invite submissions in connection with—\n\t(a)\tthe exercise of a power under this section if the Technical Regulator considers that urgent action is required; or\n\t(b)\ta preliminary investigation conducted by the Technical Regulator for the purposes of this section.\n62B—Immunity from liability\n\t(1)\tNeither the Technical Regulator nor the Crown incurs any liability for a statement made by the Technical Regulator in good faith in the exercise or purported exercise of powers under section 62A.\n\t(2)\tNo liability is incurred by a person for publishing in good faith—\n\t(a)\ta statement referred to in subsection (1); or\n\t(b)\ta fair report or summary of such a statement.\n\t(3)\tIt is the intention of the Parliament that the immunity from liability provided for in this section apply within the State and outside the State to the full extent of the extra‑territorial legislative capacity of the Parliament.\n63—Reporting of accidents etc\n\t(1)\tIf an accident involving or associated with any electricity infrastructure, electrical installation or electrical equipment results in electric shock, electrical burns or a prescribed fire the accident must be reported as required under the regulations—\n\t(a)\tif the accident involves part of an electricity entity's infrastructure—by the electricity entity; or\n\t(b)\tif the accident happens while an electrical worker is working on an electrical installation or equipment and the electrical worker is able to make the report—by the electrical worker; or\n\t(c)\tin any other case—by the occupier of the place in which the accident happens.\n\t(2)\tDespite subsection (1)(c), an occupier is not required to report an accident that results in a prescribed fire. \n\t(3)\tFor the purposes of an investigation of an accident of a kind referred to in subsection (1), the Technical Regulator may prohibit, restrict or regulate access to any infrastructure, installation or equipment involved in or associated with the accident.\n\t(4)\tA person must not alter or interfere with—\n\t(a)\tany infrastructure, installation or equipment involved in or associated with an accident of a kind referred to in subsection (1); or\n\t(b)\tanything prohibiting, restricting or regulating access to any such infrastructure, installation or equipment.\n\t(5)\tDespite subsections (3) and (4), a person may alter or interfere with the infrastructure, installation or equipment or anything prohibiting, restricting or regulating access to it—\n\t(a)\tif to do so is necessary to—\n\t(i)\tmaintain the integrity of a network; or\n\t(ii)\tavert an immediate and serious danger to a person or property; or\n\t(b)\twith the approval of the Technical Regulator.\n\t(6)\tIn this section—\nprescribed fire means a fire that involves the attendance of an officer (including a volunteer officer) or employee of an emergency services organisation within the meaning of the Fire and Emergency Services Act 2005.\n","sortOrder":18},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Regulation of NERL retailers","content":"Part 6A—Regulation of NERL retailers\n63AA—Application of Part\nThis Part applies to a NERL retailer.\n63AB—Compliance with certain code provisions under Essential Services Commission Act 2002 and requirements of regulations\n\t(1)\tA NERL retailer must comply with—\n\t(a)\tcode provisions as in force from time to time under the Essential Services Commission Act 2002 specified in, or in a manner prescribed by, the regulations; and\n\t(b)\tany requirements imposed under the regulations,\nrelating to—\n\t(c)\ttechnical or safety requirements or standards; and\n\t(d)\tany scheme relating to energy productivity; and\n\t(e)\tany other matter related to the sale and supply of electricity by retail specified in the regulations.\n\t(2)\tAn offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000.\n63AC—Participation in ombudsman scheme\n\t(1)\tIf a NERL retailer sells electricity to customers with an annual electricity consumption level of less than the level prescribed, the NERL retailer must participate in an ombudsman scheme—\n\t(a)\tthat applies to the electricity supply industry and to other regulated industries (within the meaning of the Essential Services Commission Act 2002) prescribed by regulation; and\n\t(b)\tthe terms and conditions of which are approved by the Commission.\n\t(2)\tAn offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000.\n63AD—Compliance with customer concessions scheme and performance of community service obligations\n\t(1)\tA NERL retailer must comply with the requirements of any scheme approved and funded by the Minister for the provision by the State of customer concessions or the performance of community service obligations by regulated entities.\n\t(2)\tAn offence against subsection (1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $20 000.\n63AE—NERL retailers annual administration fee\n\t(1)\tA NERL retailer must pay to the Commission the relevant annual administration fee.\n\t(2)\tThe annual administration fee is an amount, calculated in accordance with the regulations, that represents a reasonable contribution towards administrative costs.\n\t(3)\tFor the purposes of this section, the Commission must give a NERL retailer a notice setting out—\n\t(a)\tthe amount of the relevant annual administration fee; and\n\t(b)\tthe date by which the fee (or, if the fee is to be paid in instalments, the first instalment of the relevant annual administration fee) must be paid.\n\t(4)\tThe annual administration fee may, if the Commission so determines, be paid in equal instalments at intervals fixed by the Commission.\n\t(5)\tIf a NERL retailer fails to pay the annual administration fee (or an instalment of the annual administration fee) in accordance with this section, the Commission may, by written notice, require the NERL retailer to make good the default and, in addition, to pay to the Commission the amount prescribed as a penalty for default.\n\t(6)\tAn annual administration fee (including any instalment of an annual administration fee or any penalty for default) payable under this section is recoverable as a debt due to the Crown.\nadministrative costs means—\n\t(a)\tthe costs of administration of this Act; and\n\t(b)\tthe costs of administration of the Essential Services Commission Act 2002 relating to the electricity supply industry; and\n\t(c)\tother costs prescribed by regulation,\nthat, in the opinion of the Minister, relate to NERL retailers.\n","sortOrder":19},{"sectionNumber":"Part 7","sectionType":"part","heading":"Enforcement","content":"Part 7—Enforcement\nDivision A1—Warning notices and assurances\n63A—Warning notices\n\t(1)\tIf it appears to the Commission that a person has been guilty of a contravention of Part 3 or Part 6A (other than in relation to contraventions of Part 6A for which the Technical Regulator may issue a warning notice under subsection (2)) and the contravention is capable of being rectified, the Commission may issue a warning notice to the person, warning the person that the person may be prosecuted for the contravention unless the person takes action specified in the notice to rectify the contravention within the period specified in the notice.\n\t(2)\tIf it appears to the Technical Regulator that a person has been guilty of a contravention of Part 6, or Part 6A in relation to contraventions relating to technical and safety matters arising under Part 6A, and the contravention is capable of being rectified, the Technical Regulator may issue a warning notice to the person, warning the person that the person may be prosecuted for the contravention unless the person takes action specified in the notice to rectify the contravention within the period specified in the notice.\n\t(3)\tA warning notice issued under this section must be in writing.\n\t(4)\tThe action that may be specified in a warning notice to rectify a contravention may include action to remedy adverse consequences of the contravention, for example (without limitation)—\n\t(a)\tthe refunding of an amount wrongly paid to the person as a result of the contravention; or\n\t(b)\tthe payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or\n\t(c)\tthe disclosure of information; or\n\t(d)\tthe publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention.\n\t(5)\tThe Commission or the Technical Regulator may, by written notice to a person, vary a warning notice issued to the person.\n\t(6)\tIf the Commission or the Technical Regulator issues a warning notice to a person, the Commission or the Technical Regulator must not proceed against the person in respect of the contravention to which the notice relates, unless the person fails to take action specified in the notice to rectify the contravention within the period specified in the notice.\n63B—Assurances\n\t(1)\tThe Commission may accept an assurance given by a person in connection with a matter in relation to which the Commission has a power or function under this Act.\n\t(2)\tThe Technical Regulator may accept an assurance given by a person in connection with a matter in relation to which the Technical Regulator has a power or function under this Act.\n\t(3)\tAn assurance under this section must be in writing.\n\t(4)\tA person who has given an assurance may, with the consent of the Commission or the Technical Regulator (as the case requires), withdraw or vary the assurance at any time.\n\t(5)\tIf the Commission or the Technical Regulator accepts an assurance, the Commission or the Technical Regulator must not proceed against the person who has given the assurance in respect of the conduct specified in the assurance, unless it appears to the Commission or the Technical Regulator that the person has acted contrary to, or has failed to comply with, the assurance.\n63BA—Register of warning notices and assurances\n\t(1)\tThe Commission must keep a register of warning notices issued by the Commission under this Division, and a register of assurances given to the Commission under this Division.\n\t(2)\tThe Technical Regulator must keep a register of warning notices issued by the Technical Regulator under this Division, and a register of assurances given to the Technical Regulator under this Division.\n\t(3)\tA person may, without payment of a fee, inspect a register kept under this section.\n63BB—Offence to act contrary to assurance\n\t(1)\tA person who acts contrary to, or fails to comply with, an assurance accepted by the Commission or the Technical Regulator is guilty of an offence.\n\t(2)\tProceedings for an offence against subsection (1) must not be commenced except—\n\t(a)\tin the case of an assurance accepted by the Commission—on the authorisation of the Commission; or\n\t(b)\tin the case of an assurance accepted by the Technical Regulator—on the authorisation of the Technical Regulator.\n\t(3)\tAn apparently genuine document purporting to be under the hand of the Commission or the Technical Regulator and to authorise the commencement of proceedings under this section must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n63BC—Enforcement orders in relation to assurances\n\t(1)\tIf the District Court is satisfied, on an application under this section, that a person has acted contrary to, or failed to comply with, an assurance accepted under this Division, the Court may make any or all of the following orders:\n\t(a)\tan order prohibiting the person from engaging in specified conduct;\n\t(b)\tan order directing the person to take specified action to comply with the assurance;\n\t(c)\tan order directing the person to pay to the Crown an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach of, or non‑compliance with, the assurance;\n\t(d)\tany order that the Court considers appropriate directing the person to compensate any person who has suffered loss or damage as a result of the breach of, or non‑compliance with, the assurance;\n\t(e)\tany other order that the Court considers appropriate.\n\t(2)\tAn application under this section may be made—\n\t(a)\tin the case of an assurance accepted by the Commission—by the Commission; or\n\t(b)\tin the case of an assurance accepted by the Technical Regulator—by the Technical Regulator.\n\t(3)\tThe Court may make an interim order under subsection (1)(a) pending final determination of the application.\n\t(4)\tThe Court may, on the application of the Commission, the Technical Regulator or a person, vary or discharge an order under subsection (1)(a).\n\t(5)\tAn order under subsection (1)(a) may be made subject to such conditions as the Court thinks fit.\n\t(6)\tThe Court must not make an order under this section (other than an interim order) unless satisfied on the balance of probabilities that proper grounds for the order have been established.\nDivision A2—Injunctions\n63C—Injunctions\n\t(1)\tIf the District Court is satisfied, on the application of the Minister, the Commission, the Technical Regulator or any other person, that a person has engaged or proposes to engage in conduct that constitutes or would constitute a contravention of this Act, the Court may grant an injunction in such terms as the Court determines to be appropriate.\n\t(2)\tIf the District Court is satisfied, on the application of the Minister, the Commission, or the Technical Regulator, that a person has engaged in conduct constituting a contravention of this Act, the Court may grant an injunction requiring that person to take specified action to remedy any adverse consequence of that conduct.\n\t(3)\tThe action that may be required by an injunction to remedy adverse consequences of conduct constituting a contravention may include (without limitation)—\n\t(a)\tthe refunding of an amount wrongly paid as a result of the contravention; or\n\t(b)\tthe payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or\n\t(c)\tthe disclosure of information; or\n\t(d)\tthe publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention.\n\t(4)\tAn injunction may be granted by the District Court under this section—\n\t(a)\tin proceedings in which the Court convicts a person of an offence to which the application relates; or\n\t(b)\tin proceedings brought before the Court for the purpose of obtaining the injunction.\n\t(5)\tThe power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised—\n\t(a)\twhether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\n\t(b)\twhether or not the person has previously engaged in conduct of that kind; and\n\t(c)\twhether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.\n\t(6)\tThe power of the District Court to grant an injunction requiring a person do an act or thing may be exercised—\n\t(a)\twhether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n\t(b)\twhether or not the person has previously refused or failed to do that act or thing; and\n\t(c)\twhether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.\n\t(7)\tAn interim injunction may be granted under this section pending final determination of the application.\n\t(8)\tA final injunction may, by consent of the parties, be granted under this section without proof that proper grounds for the injunction exist.\n\t(9)\tWhere the Minister, the Commission or the Technical Regulator applies for an injunction under this section, no undertaking as to damages will be required.\n\t(10)\tThe Minister may give an undertaking as to damages or costs on behalf of some other applicant and, in that event, no further undertaking will be required.\n\t(11)\tAn injunction under this section may be rescinded or varied at any time.\nDivision A3—Enforcement notices\n63D—Enforcement notices\n\t(1)\tAn authorised officer may issue a notice (an enforcement notice) under this section for the purpose of securing compliance with a requirement imposed by or under this Act (including a standard referred to or incorporated by this Act).\n\t(2)\tA notice under this section—\n\t(a)\tsubject to subsection (3), must be in the form of a written notice served on the person to whom it is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or by a description sufficient to identify the person); and\n\t(c)\tmay direct 2 or more persons to do something specified in the notice jointly; and\n\t(d)\twithout limiting any other provision, in the case of a notice that relates to a situation existing on any premises, may be issued to any person who—\n\t(i)\tis the owner or occupier of the premises; or\n\t(ii)\thas the management or control of the premises; and\n\t(e)\twithout limiting any other provision, may be issued to any person who has performed, or is performing, any work (including work on any premises owned or occupied by another person); and\n\t(f)\tmust state the grounds on which the notice is issued; and\n\t(g)\tmay impose any requirement reasonably required for the purpose for which the notice is issued including 1 or more of the following:\n\t(i)\ta requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from a relevant authority;\n\t(ii)\ta requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;\n\t(iii)\ta requirement that the person comply with any specified standard or code published by the Technical Regulator or any other specified person or body referred to in the notice;\n\t(iv)\ta requirement that the person undertake specified tests or monitoring;\n\t(v)\ta requirement that the person furnish to a relevant authority specified results or reports;\n\t(vi)\ta requirement prescribed by the regulations; and\n\t(h)\tmust state that the person may, within 10 days, apply for a review of the notice.\n\t(3)\tAn authorised officer may, if of the opinion that urgent action is required, issue an emergency notice imposing a requirement of a kind referred to in subsection (2)(g) as reasonably required in the circumstances.\n\t(4)\tAn emergency enforcement notice may be issued orally (and without compliance with a requirement to give preliminary notice) but, in that event, the person to whom the notice is issued must be advised forthwith of the person's right to apply for a review of the notice.\n\t(5)\tIf an emergency enforcement notice is issued by an authorised officer, the notice will cease to have effect on the expiration of 72 hours from the time of issuing unless confirmed by a written notice served on the relevant person.\n\t(6)\tAn authorised officer may, by written notice served on a person to whom a notice under this section has been issued, vary or revoke the notice.\n\t(7)\tA relevant authority may, by written notice served on a person to whom a notice under this section has been issued by the relevant authority, vary or revoke the notice.\n\t(8)\tA person to whom a notice is issued under this section must not, without reasonable excuse, fail to comply with the notice.\n\t(9)\tA person must not hinder or obstruct a person complying with a notice under this section.\n\t(10)\tIf the requirements of a notice under this section are not complied with, a relevant authority may take any action required by the notice.\n\t(11)\tAction to be taken by a relevant authority under subsection (10) may be taken on the relevant authority's behalf by an authorised officer or another person authorised by the relevant authority for the purpose.\n\t(12)\tA person taking action under subsection (10) or (11) may enter any premises at any reasonable time.\n\t(13)\tThe reasonable costs and expenses incurred by a relevant authority in taking action under subsections (10) and (11) may be recovered by the relevant authority as a debt from the person who failed to comply with the requirements of the notice.\n\t(14)\tIf an amount is recoverable from a person by a relevant authority under this section, the relevant authority may, by written notice to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid.\n\t(15)\tIn this section—\nrelevant authority means—\n\t(a)\tthe Minister; or\n\t(b)\tthe Commission; or\n\t(c)\tthe Technical Regulator.\nDivision 1—Appointment of authorised officers\n64—Appointment of authorised officers\n\t(1)\tThe Minister may appoint suitable persons as authorised officers.\n\t(2)\tAn authorised officer may (but need not) be a Public Service employee.\n\t(3)\tAn authorised officer may be assigned by the Minister to assist the Commission, the Technical Regulator or both, as the Minister considers appropriate.\n\t(4)\tAn authorised officer will—\n\t(a)\tin the exercise of powers for the enforcement of Part 3—be subject to control and direction by the Commission;\n\t(b)\tin the exercise of powers for the enforcement of any other provisions under this Act—be subject to control and direction by the Technical Regulator.\n65—Conditions of appointment\n\t(1)\tAn authorised officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position.\n\t(2)\tAn authorised officer holds office on the conditions stated in the instrument of appointment.\n\t(3)\tAn authorised officer may resign by written notice given to the Minister.\n\t(4)\tAn authorised officer may be removed from office by the Minister.\n66—Authorised officer's identity card\n\t(1)\tThe Minister must give each authorised officer an identity card.\n\t(2)\tThe identity card must—\n\t(a)\tcontain a photograph of the authorised officer taken for the purpose; and\n\t(b)\tbe signed by the authorised officer.\n\t(3)\tA person must, within two days after ceasing to be an authorised officer, return the identity card to the Minister.\nMaximum penalty: $250.\n67—Production of identity card\nAn authorised officer must, before exercising a power in relation to another person, produce the officer's identity card for inspection by the other person.\nDivision 2—Authorised officers' powers\n68—Power of entry\n\t(1)\tAn authorised officer may, as reasonably required for the purposes of the enforcement of this Act, enter and remain in any place.\n\t(2)\tWhen an authorised officer enters a place under this section, the authorised officer—\n\t(a)\tmay be accompanied by such assistants as the authorised officer considers necessary or appropriate; and\n\t(b)\tmay take any vehicles or equipment the authorised officer considers necessary or appropriate for the functions the authorised officer is to carry out in the place.\n\t(3)\tAn authorised officer may use reasonable force to enter a place under this Part if—\n\t(a)\tthe entry is authorised under a warrant under Part 9; or\n\t(b)\tthe entry is necessary in an emergency.\n\t(4)\tWhen entering a place under a warrant or by force in an emergency, an authorised officer may be accompanied by a member of the police force.\n69—General investigative powers of authorised officers\n\t(1)\tAn authorised officer who enters a place under this Part may exercise any 1 or more of the following powers:\n\t(a)\tinvestigate whether the provisions of this Act are being or have been complied with;\n\t(b)\texamine and test electrical infrastructure, electrical installations or equipment to find out whether the infrastructure, installations or equipment are safe and comply with the requirements of this Act, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing;\n\t(c)\trequire a report on any testing conducted under paragraph (b);\n\t(d)\tinvestigate a suspected electrical accident;\n\t(e)\tinvestigate a suspected interference with electrical infrastructure or an electrical installation;\n\t(f)\tinvestigate a suspected theft or diversion of electricity;\n\t(g)\tsearch for, examine and copy or take an extract from a document or record of any kind;\n\t(h)\ttake photographs or make films or other records of activities in the place and electrical infrastructure, installations or equipment in the place;\n\t(i)\ttake possession of any object that may be evidence of an offence against this Act;\n\t(j)\trequire a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person’s full name and usual place of residence and to produce evidence of the person’s identity;\n\t(k)\trequire a person, by written notice served on the person, to attend at a specified time and place.\n\t(2)\tAn authorised officer may only exercise the powers conferred by subsection (1) as reasonably required for the administration or enforcement of this Act.\n\t(3)\tIf an authorised officer takes possession of an object that may be evidence of an offence—\n\t(a)\tthe authorised officer must give the occupier of the place a receipt for the object; and\n\t(b)\tthe object must be returned to its owner—\n\t(i)\tif proceedings for an offence are not instituted within the designated period after the authorised officer takes possession of the object—at the end of that period; or\n\t(ii)\tif proceedings have been so instituted—on completion of the proceedings, unless the court, on application by the Commission or Technical Regulator (as the case may be), orders confiscation of the object.\n\t(4)\tA court may order the confiscation of an object of which an authorised officer has taken possession under subsection (1) if of the opinion that the object has been used for the purpose of committing an offence or there is some other proper reason for ordering its confiscation.\n\t(5)\tIf the court orders the confiscation of an object, the Commission or Technical Regulator may dispose of the object.\n\t(6)\tA person who—\n\t(a)\thaving been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or\n\t(b)\trefuses or fails to comply with a requirement or direction of an authorised officer under this section; or\n\t(c)\tbeing the person in charge of a place subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance,\nis guilty of an offence.\ndesignated period means 1 year or such longer period as a magistrate may, on application by the Technical Regulator, allow.\n70—Disconnection of electricity supply\n\t(1)\tIf an authorised officer finds that electricity is being supplied or consumed contrary to this Act, the authorised officer may disconnect the electricity supply.\n\t(2)\tIf an authorised officer disconnects an electricity supply under this section, the officer must give written notice to the occupier of the relevant place—\n\t(a)\tinforming the occupier that the electricity supply has been disconnected under this section; and\n\t(b)\tdirecting that the electricity supply must not be reconnected until arrangements have been made to the satisfaction of an authorised officer to ensure against future contravention of this Act.\n\t(3)\tIf an electricity supply has been disconnected under this section, a person must not reconnect the electricity supply, or have it reconnected, without the written approval of an authorised officer.\nExpiation fee: $1 000.\n71—Power to require disconnection of cathodic protection system\n\t(1)\tIf an authorised officer finds that a cathodic protection system does not comply with, or is being operated contrary to, the regulations, the authorised officer may take reasonable action, or give a direction to the person in charge of the system or the occupier of the place in which the system is situated to take reasonable action, to disconnect the system so as to make it inoperable.\n\t(2)\tA direction under this section must be given by written notice.\n\t(3)\tA person to whom a direction is given under this section—\n\t(b)\tmust not reconnect or permit the reconnection of the electricity supply without the written approval of an authorised officer.\n\t(a)\tin the case of an offence against paragraph (b)—$1 000;\n72—Power to make infrastructure, installation or equipment safe\n\t(1)\tIf an authorised officer finds that electricity infrastructure, an electrical installation or electrical equipment is unsafe, or believes on reasonable grounds that the infrastructure, installation or equipment is, or may become, unsafe when in use, the officer may—\n\t(a)\tdisconnect the electricity supply or give a direction requiring the disconnection of the electricity supply;\n\t(b)\tgive a direction requiring the carrying out of the work necessary to make the infrastructure, installation or equipment safe within a period specified in the direction before the electricity supply is reconnected.\n\t(2)\tSubject to this section, a direction under this section must be given—\n\t(a)\tin relation to infrastructure—to the electricity entity that operates the infrastructure;\n\t(b)\tin relation to an installation or equipment—\n\t(i)\tin the case of installation or equipment that is unsafe, or in relation to which it is reasonably believed that the installation or equipment is, or may become, unsafe when in use, as a result of work performed on the installation or equipment within 2 years before the giving of the direction and with the consent of the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated—to the person who carried out the work, unless that person is not authorised to carry out such work; or\n\t(ii)\tin any other case—to the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated.\n\t(3)\tA direction under this section may be given by written notice or, if the authorised officer is of the opinion that immediate action is required, orally (but if the direction is given orally it must be confirmed in writing).\n\t(4)\tA person to whom a direction is given under this section—\n\t(b)\tmust not fail to take action specified in the direction to make the infrastructure, installation or equipment safe within the period specified in the direction; and\n\t(c)\tmust not reconnect or permit the reconnection of the electricity supply, or connect or permit the connection of the infrastructure (or part of the infrastructure), installation or equipment to any other supply of electricity, without the written approval of an authorised officer.\n\t(a)\tin the case of an offence against paragraph (c)—$1 000;\n\t(5)\tIf a person does not comply with a direction, an authorised officer may take any action that is reasonable and necessary to have the direction carried out.\n\t(6)\tA person, authorised in writing by an authorised officer, may do what is reasonable and necessary to carry out the direction.\n\t(7)\tThe costs incurred in carrying out the direction are recoverable as a debt due to the Crown.\n73—Power to require information or documents\n\t(1)\tAn authorised officer may require a person to provide information in the person's possession relevant to the enforcement of this Act.\n\t(2)\tAn authorised officer may require a person to produce documents in the person's possession that may be relevant to the enforcement of this Act for inspection by the authorised officer.\n\t(3)\tA person must not, without reasonable excuse, fail to comply with a requirement under this section.\nDivision 3—Related matters\n74—Self‑incrimination\n\t(1)\tSubject to subsection (2), a natural person is not required to give information or produce a document under this Part if the answer to the question or the contents of the document would tend to incriminate the person of an offence.\n\t(2)\tIf an authorised officer informs a natural person required to give information or produce a document under this Part that the requirement is made for the administration or enforcement of Part 6 relating to the safety of electricity infrastructure, an electrical installation or electrical equipment, and the information or document would tend to incriminate the person of an offence, the person must nevertheless give the information or produce the document, but the information or document so given or produced will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration).\n","sortOrder":20},{"sectionNumber":"Part 8","sectionType":"part","heading":"Reviews","content":"Part 8—Reviews\n75—Review of decisions by Commission or Technical Regulator\n\t(1)\tSubject to this section, an application may be made to—\n\t(a)\tthe Commission by an applicant for the issue or variation of the terms or conditions of a licence under Part 3, or for agreement to the transfer of such a licence, for review of the decision of the Commission to refuse the application; or\n\t(b)\tthe Commission by an electricity entity for review of a decision of the Commission under Part 3 to suspend or cancel the entity's licence or to vary the terms or conditions of the entity's licence; or\n\t(d)\tthe Technical Regulator by a person to whom a direction has been given under this Act by the Technical Regulator or an authorised officer (other than a direction given by the Technical Regulator under Part 5) for review of the decision to give the direction; or\n\t(e)\tthe Technical Regulator by a person affected by the decision for review of the decision of an authorised officer or an electricity officer to disconnect an electricity supply or to disconnect a cathodic protection system.\n\t(1a)\tAn application may not be made under subsection (1) in relation to a decision to issue an enforcement notice under Part 7 Division A3, or any matter associated with the requirements or enforcement of such a notice.\n\t(2)\tAn application for review must—\n\t(a)\tbe in writing; and\n\t(b)\tset out the decision to which the application relates; and\n\t(c)\tset out in detail the grounds on which the applicant seeks review and the decision sought on the review; and\n\t(d)\tbe accompanied by any information that the applicant considers should be taken into account by the Commission or the Technical Regulator on the review; and\n\t(e)\tbe lodged with the Commission or the Technical Regulator—\n\t(i)\tin the case of a decision relating to a licence or application for a licence—within 10 working days after written notice of the decision is given to the electricity entity or applicant;\n\t(iii)\tin the case of a decision to give a direction—within 10 working days after the direction is given;\n\t(iv)\tin the case of a decision to disconnect an electricity supply or cathodic protection system—within 10 working days after notice of the disconnection is given or, if notice is not given, within 10 working days after the supply or system is disconnected.\n\t(3)\tThe Commission or the Technical Regulator, as the case requires, may stay the operation of the decision to which the application relates.\n\t(4)\tA review must be decided within four weeks of the application being lodged.\n\t(5)\tIf a review is not decided within that period, the Commission or the Technical Regulator, as the case requires, is to be taken to have confirmed the decision.\n\t(6)\tAfter considering the application, the Commission or the Technical Regulator, as the case requires, may confirm, amend or substitute the decision.\n\t(7)\tThe Commission or the Technical Regulator must give the applicant written notice of the decision, and the reasons for the decision, on the review.\n76—Review by Tribunal\n\t(1)\tAn application may be made to the Tribunal by—\n\t(a)\tan applicant for review under section 75 who is dissatisfied with a decision as confirmed, amended or substituted by the Commission or the Technical Regulator on the review; or\n\t(b)\ta person to whom an enforcement notice has been issued under Part 7 Division A3,\nfor a review of the decision or notice under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tAn application for review must be made—\n\t(a)\tin the case of an application for review under subsection (1)(a)—within 10 working days after receipt of the written notice of the decision of the Commission or the Technical Regulator on the review under section 75 or, if the Commission or the Technical Regulator failed to make a decision on the review within the allowed period, within 10 working days after the end of that period; and\n\t(b)\tin the case of an application for review under subsection (1)(b)—within 10 working days after the notice is issued to the relevant person.\n\t(3)\tFor the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 consisting of persons with knowledge of, or experience in, the electricity supply industry or the fields of commerce or economics.\n\t(4)\tIn any proceedings under this section, the Tribunal will, if the President of the Tribunal so determines, sit with 1 or more assessors.\n\t(5)\tSection 37(1)(c)(i) of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to a review by the Tribunal under subsection (1)(a).\n77—Minister's power to intervene\nThe Minister may intervene, personally or by counsel or other representative, in a review under this Part for the purpose of introducing evidence, or making submissions, on any question relevant to the public interest.\n","sortOrder":21},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"Part 9—Miscellaneous\n80—Power of exemption\n\t(1)\tThe Commission may, with the approval of the Minister, grant an exemption from Part 3, or specified provisions of Part 3, on terms and conditions the Commission considers appropriate.\n\t(1a)\tWithout limiting subsection (1), the power to exempt includes power to exempt a person from the application of—\n\t(a)\ta provision requiring the Commission to make a licence held by the person subject to a specified condition; and\n\t(b)\tthe operation of section 22(1a), 23(1a) or 24A(1a).\n\t(2)\tA person exempted from a requirement to hold a licence under Part 3 is, if the Commission has so determined by writing, to be treated as an electricity entity for the purposes of specified provisions of this or another Act.\n\t(3)\tExcept as otherwise provided in the exemption, an exemption under subsection (1), or a determination under subsection (2), may be varied or revoked by the Commission by notice in writing.\n\t(4)\tThe Technical Regulator may grant an exemption from Part 6, or specified provisions of that Part, on terms and conditions the Technical Regulator considers appropriate.\n\t(5)\tExcept as otherwise provided in the exemption, an exemption under subsection (4) may be varied or revoked by the Technical Regulator by notice in writing.\n\t(6)\tThe Minister may grant an exemption from Part 6A, or specified provisions of that Part, on terms and conditions the Minister considers appropriate.\n\t(7)\tExcept as otherwise provided in the exemption, an exemption under subsection (6) may be varied or revoked by the Minister.\n80A—Register of exemptions\n\t(1)\tThe Commission and the Technical Regulator must each keep a register of exemptions granted by the Commission or the Technical Regulator (as the case may be) under this Act.\n\t(2)\tA register kept under this section must include the terms and conditions of each exemption recorded in it.\n\t(3)\tA person may, without payment of a fee, inspect a register kept under this section.\n81—Obligation to comply with conditions of exemption\nA person in whose favour an exemption is given must comply with the conditions of the exemption.\n81A—Delegation by Minister\n\t(1)\tThe Minister may delegate any of his or her functions or powers under this Act to a person or body of persons.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the Minister from acting in any matter.\n82—Application and issue of warrant\n\t(1)\tAn authorised officer, electricity officer or council officer may apply to a magistrate for a warrant to enter a place specified in the application.\n\t(2)\tA magistrate may issue a warrant if satisfied that there are reasonable grounds for issuing the warrant.\n\t(3)\tA warrant authorises the authorised officer, electricity officer or council officer with any assistance and by any force reasonably necessary—\n\t(a)\tto enter the place specified in the warrant; and\n\t(b)\tto do anything authorised by this Act,\nat any time, or within any period, specified in the warrant.\n\t(4)\tAn electricity officer must be accompanied by a member of the police force when entering a place under a warrant.\n\t(5)\tA warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.\n83—Urgent situations\n\t(1)\tAn authorised officer, electricity officer or council officer may apply to a magistrate for a warrant by telephone, facsimile or other prescribed means if the officer considers the urgency of the situation requires it.\n\t(2)\tThe magistrate may complete and sign the warrant in the same terms as for a warrant applied for in person if satisfied that there are reasonable grounds for issuing the warrant urgently.\n\t(3)\tThe magistrate must—\n\t(a)\ttell the officer—\n\t(i)\tthe terms of the warrant; and\n\t(ii)\tthe date on which and the time at which, the warrant was signed; and\n\t(iii)\tthe date on which, and the time at which, the warrant ceases to have effect; and\n\t(b)\trecord on the warrant the reasons for granting the warrant.\n\t(4)\tThe officer must—\n\t(a)\tcomplete a form of warrant in the same terms as the warrant signed by the magistrate; and\n\t(b)\twrite on the form—\n\t(i)\tthe name of the magistrate; and\n\t(ii)\tthe date on which, and the time at which, the warrant was signed; and\n\t(c)\tsend the magistrate the completed form of warrant not later than the day after the warrant is executed or ceases to have effect.\n\t(5)\tOn receipt of the form of warrant, the magistrate must attach it to the warrant the magistrate signed.\n\t(6)\tA form of warrant completed by an authorised officer, electricity officer or council officer under subsection (4) has the same force as a warrant signed by the magistrate under subsection (2).\n84—Unlawful interference with electricity infrastructure or electrical installation\n\t(1)\tA person must not, without proper authority—\n\t(a)\tattach an electrical installation or other thing, or make any connection, to a transmission or distribution network; or\n\t(b)\tdisconnect or interfere with a supply of electricity from a transmission or distribution network; or\n\t(c)\tdamage or interfere with electrical infrastructure or an electrical installation in any other way.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(2)\tA person must not, without proper authority—\n\t(a)\tbe in an enclosure where electrical infrastructure is situated; or\n\t(b)\tclimb on poles and other structures that are part of electrical infrastructure.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(3)\tA person must not discharge a firearm or throw or project an object or substance towards electrical infrastructure or an electrical installation if there is a risk of damage to the infrastructure or installation, or interruption of electricity supply.\n\t(4)\tA person must not burn any material in proximity to electricity infrastructure such that there is a risk of damage to the infrastructure, outages or flashovers, without the written authority of the person who owns or operates the infrastructure.\n85—Unlawful taking of electricity, interference with meters or positioning of lines\n\t(1)\tA person must not, without proper authority—\n\t(a)\tabstract or divert electricity from a power system; or\n\t(b)\tinterfere with a meter or other device for measuring the consumption of electricity supplied by an electricity entity.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(2)\tA person must not install or maintain a line capable of conveying an electricity supply beyond the boundaries of property occupied by the person unless—\n\t(a)\tthe person is an electricity entity; or\n\t(b)\tthe person does so with the approval of an electricity entity responsible for electricity supply to the property, or with the approval of the Technical Regulator; or\n\t(c)\tthe line is authorised under the regulations.\n\t(3)\tIf, in proceedings for an offence against subsection (1), it is proved that a device has been installed or any other act done, without proper authority, the apparent purpose of which is to abstract or divert electricity to any particular land or place or to affect the proper measurement of electricity supplied to any particular land or place, it will be presumed, in the absence of proof to the contrary, that the occupier of the land or place installed the device or did the other act with that purpose.\n\t(4)\tIf an electricity entity suffers loss or damage as a result of a contravention of this section, the entity may recover compensation for the loss or damage from a person guilty of the contravention—\n\t(a)\ton application to a court convicting the person of an offence against this section; or\n\t(b)\tby action in a court of competent jurisdiction.\n86—Erection of buildings in proximity to powerline\n\t(1)\tA person must not, except as approved by the Technical Regulator, erect a building or structure in proximity to a powerline contrary to the regulations.\n\t(2)\tSubject to the regulations, the Technical Regulator may give an approval for the purposes of this section.\n\t(3)\tAn approval under this section—\n\t(a)\tmay be general or specific; and\n\t(b)\twill, insofar as the approval operates for the benefit of a particular person, be subject to such conditions as the Technical Regulator may fix from time to time by notice in writing served personally or by post on that person.\n\t(4)\tIf a building or structure is erected by a person in proximity to a powerline of an electricity entity in contravention of this section, the entity may—\n\t(a)\ton application to a court convicting the person of an offence against subsection (1); or\n\t(b)\tby action in a court of competent jurisdiction,\nobtain one or more of the following orders:\n\t(c)\tan order of the court requiring the person to take specified action to remove or modify the building or structure within a specified period;\n\t(d)\tan order for compensation from the person for loss or damage suffered in consequence of the contravention;\n\t(e)\tan order for costs reasonably incurred by the entity in relocating the powerline or carrying out other work to rectify the situation.\n87—Notice of work that may affect electricity infrastructure\n\t(1)\tA person who proposes to do work near electricity infrastructure must give the appropriate electricity entity at least seven days' notice of the proposed work if—\n\t(a)\tthere is a risk of equipment or a structure coming into dangerous proximity to electrical conductors; or\n\t(b)\tthe work may affect the support for any part of electricity infrastructure; or\n\t(c)\tthe work may interfere with the electricity infrastructure in some other way.\nExpiation fee: $210.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) if, in the circumstances of an emergency, it is not practicable to give the notice required by subsection (1) and the notice is given as soon as practicable.\n\t(3)\tA person who does work near electricity infrastructure must comply with—\n\t(a)\trequirements prescribed by regulation that are applicable to the work; and\n\t(b)\treasonable requirements made by the electricity entity for the protection of the infrastructure or the safety of the persons carrying out the work.\nExpiation fee: $210.\n88—Impersonation of officials etc\nA person must not impersonate an authorised officer, an electricity officer or anyone else with powers under this Act.\n89—Obstruction\n\t(1)\tA person must not, without reasonable excuse, obstruct an authorised officer, an electricity officer, or anyone else engaged in the administration of this Act or the exercise of powers under this Act.\n\t(2)\tA person must not use abusive or intimidatory language to, or engage in offensive or intimidatory behaviour towards, an authorised officer, an electricity officer, or anyone else engaged in the administration of this Act or the exercise of powers under this Act.\n90—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished under this Act.\nIf the person made the statement knowing that it was false or misleading—$10 000 or imprisonment for 2 years.\nIn any other case—$5 000.\n91—Statutory declarations\nIf a person is required by or under this Act to furnish information to the Commission, AEMO or Technical Regulator, the Commission, AEMO or Technical Regulator may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the Commission, AEMO or Technical Regulator.\n91A—Protection from liability\nNothing done by a person in furnishing information to the Commission, AEMO or the Technical Regulator in accordance with a requirement under this Act—\n\t(a)\tis to be regarded as placing the person in breach of contract or confidence or as otherwise making the person guilty of a civil wrong; or\n\t(b)\tis to be regarded as placing the person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding; or\n\t(c)\tis to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or\n\t(d)\tis to be regarded as giving rise to any remedy for a party to a contract or an instrument; or\n\t(e)\tgives rise to any right or entitlement to damages or compensation.\n91B—Offences\n\t(1)\tThe following persons are authorised to give expiation notices for an alleged offence against this Act (in addition to any person authorised under the Expiation of Offences Act 1996):\n\t(a)\tany authorised officer authorised in writing by the Technical Regulator;\n\t(b)\tany electricity officer authorised in writing by the Technical Regulator.\n\t(2)\tAn authorisation under subsection (1) may be given subject to such conditions or limitations as the Technical Regulator thinks fit.\n\t(3)\tAn apparently genuine document purporting to be under the hand of the Technical Regulator and to give an authorisation under subsection (1) must be accepted, in the absence of proof to the contrary, as proof of the authorisation.\n92—General defence\n\t(1)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n\t(2)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the act or omission constituting the offence was reasonably necessary in the circumstances in order to avert, eliminate or minimise danger to person or property.\n\t(2a)\tIf a body corporate or other employer seeks to establish a defence provided by this section by proving the establishment of proper workplace systems and procedures designed to prevent a contravention of this Act, that proof must be accompanied by proof—\n\t(a)\tthat proper systems and procedures were also in place whereby any such contravention or risk of such contravention of this Act that came to the knowledge of a person at any level in the workforce was required to be reported promptly to the governing body of the body corporate or to the employer, or to a person or group with the right to report to the governing body or to the employer; and\n\t(b)\tthat the governing body of the body corporate or the employer actively and effectively promoted and enforced compliance with this Act and with all such systems and procedures within all relevant areas of the workforce.\n\t(3)\tSubsection (1) does not apply in relation to a person who is charged with an offence under section 93.\n93—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\nprescribed offence means an offence against section 15, 25, 60 or 61.\n93A—Imputing conduct to bodies corporate\n\t(1)\tFor the purposes of proceedings for an offence against this Act, the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate.\n\t(2)\tFor the purposes of this section, a reference to conduct or acting includes a reference to failure to act.\n94—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-fifth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-fifth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n94A—Order for payment of profit from contravention\nThe court convicting a person of an offence against this Act may order the convicted person to pay to the Crown an amount not exceeding the court's estimation of the amount of any monetary, financial or economic benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence.\n94B—Energy productivity shortfalls\n\t(1)\tSubject to this section, if the Commission is satisfied that a relevant electricity retailer has an energy productivity shortfall (or relevant shortfall) with respect to a particular year, the Commission may recover an amount in respect of the shortfall (a shortfall penalty).\n\t(2)\tThe amount that the Commission may recover as a shortfall penalty from the relevant electricity retailer in respect of a relevant shortfall will be—\n\t(a)\tthe prescribed base penalty; and\n\t(b)\tan additional amount, calculated in accordance with the regulations, to reflect the extent of the shortfall.\n\t(3)\tThe Commission may not proceed to recover a shortfall penalty from a relevant electricity retailer under this section unless the Commission has served on the retailer a notice (a shortfall notice)—\n\t(a)\tstating that the retailer has a relevant shortfall and the grounds on which the shortfall has been determined; and\n\t(b)\tsetting out—\n\t(i)\tthe prescribed base penalty; and\n\t(ii)\tthe calculation used by the Commission to arrive at the amount payable under subsection (2)(b).\n\t(4)\tA shortfall notice must include, or be accompanied by, a statement advising that the relevant electricity retailer may, by written notice to the Commission served within a period specified by the Commission, elect to be prosecuted in respect of the shortfall as an alternative to paying the shortfall penalty.\n\t(5)\tThe period specified by the Commission under subsection (4) must be at least 21 days from the date of service of the shortfall notice on the relevant electricity retailer.\n\t(6)\tIf the relevant electricity retailer elects to be prosecuted within the time specified under subsection (4), the Commission may not proceed to recover the shortfall penalty specified in the shortfall notice.\n\t(7)\tIf the relevant electricity retailer does not elect to be prosecuted within the time specified under subsection (4), the Commission may proceed to recover the shortfall penalty specified in the shortfall notice.\n\t(8)\tThe Commission may, if it thinks fit, by subsequent notice—\n\t(a)\twithdraw a shortfall notice;\n\t(b)\tissue a new shortfall notice in place of an existing notice,\non account of recalculations undertaken by the Commission (and this section will apply to any new shortfall notice published under this subsection as if the original notice had not been issued).\n\t(9)\tSubject to subsection (10), nothing in this section prevents the commencement of criminal proceedings at any time in relation to a contravention of this Act but if such proceedings are commenced then the Commission may not commence or continue proceedings to recover a shortfall penalty under this section in respect of the conduct to which the criminal proceedings relate.\n\t(10)\tIf a shortfall penalty specified in a shortfall notice is paid by the relevant electricity retailer (other than where the payment is made in response to an original shortfall notice after a new shortfall notice is served on the retailer), the retailer cannot be prosecuted in relation to the relevant contravention of the Act.\n\t(11)\tSubject to the preceding subsections, the Commission may recover the amount of any shortfall penalty as a debt from the relevant electricity retailer.\n\t(12)\tIf an amount is recovered as a shortfall penalty under this section, it must be applied under a scheme established by the Commission for 1 or more of the following purposes:\n\t(a)\tto assist persons who may have failed to benefit from activities relating to energy productivity on account of any electricity retailer's energy productivity shortfall;\n\t(b)\tto support other programs or activities to promote or support energy productivity or renewable energy initiatives within South Australian households.\n\t(13)\tFor the purposes of this section—\n\t(a)\ta relevant electricity retailer has an energy productivity shortfall if the retailer has failed to engage, in accordance with and to the extent required by the regulations, in activities relating to energy productivity identified by the regulations for the purposes of this section; and\n\t(b)\tthe extent of an energy productivity shortfall is to be calculated in accordance with the regulations.\n\t(14)\tThis section extends to an energy efficiency shortfall occurring in 2009 (including a shortfall that is attributable to requirements arising before the commencement of this section).\n\t(15)\tIn this section—\nprescribed base penalty means an amount, not exceeding $100 000, prescribed by the regulations for the purposes of this section;\nrelevant electricity retailer means a regulated entity authorised to sell electricity by retail (whether or not the entity is required to hold a licence under this Act) identified by the regulations for the purposes of this section.\n96—Evidence\n\t(1)\tIf, in any legal proceedings, a person is alleged to have held a specified appointment under this Act at a specified time, the allegation is taken to have been proved in the absence of proof to the contrary.\n\t(2)\tIn any legal proceedings, an apparently genuine document purporting to be a certificate of the Commission certifying—\n\t(a)\tthat a person was or was not the holder of a licence at a specified date or as to the particulars or conditions of a licence; or\n\t(b)\tas to the giving, issuing, receipt or contents of an order, direction, delegation, exemption, approval, authorisation, notice or assurance by the Commission,\nconstitutes proof of the matters so certified in the absence of proof to the contrary.\n\t(3)\tAn apparently genuine document purporting to be a certificate of the Commission certifying as to a person's status as a small customer in relation to a specified time and place constitutes proof of the matters so certified in the absence of proof to the contrary.\n\t(3a)\tIn any legal proceedings, an apparently genuine document purporting to be a certificate of the Technical Regulator certifying—\n\t(a)\tas to the existence and contents of a vegetation clearance scheme; or\n\t(b)\tas to the giving, issuing, receipt or contents of a direction, requirement, delegation, exemption, approval, authorisation, notice or assurance by the Technical Regulator,\nconstitutes proof of the matters so certified in the absence of proof to the contrary.\n\t(4)\tIn any legal proceedings, an apparently genuine document purporting to be a certificate of an authorised officer certifying as to the giving and contents of a direction by the officer under this Act, constitutes proof of the matters so certified in the absence of proof to the contrary.\n\t(5)\tIf, in any legal proceedings, a person is alleged to have acted without proper authority or a specified approval required under this Act, the absence of such authority or approval will be presumed in the absence of proof that such authority or approval in fact existed or had been given.\n97—Service\n\t(1)\tA notice or other document required or authorised to be given to or served on a person under this Act may be given or served—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business; or\n\t(d)\tby transmitting to the person by email to the email address last provided to the Commission or Technical Regulator by the person for that purpose.\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required or authorised to be given to or served on a person may, if the person is a body corporate, be given to or served on the person in accordance with the Corporations Act 2001 of the Commonwealth.\n\t(3)\tIf a notice or other document is required or authorised to be given to or served on the holder of a licence under this Act and the licence is held by two or more persons, it is sufficient for the purposes of this Act if the notice or other document is given to or served on any one of those persons.\n98—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may deal with the following matters:\n\t(a)\tthe generation, transmission, distribution, sale and supply of electricity; and\n\t(b)\tthe construction, installation and positioning of electricity infrastructure and electrical installations; and\n\t(c)\ttechnical, operational and safety requirements and standards and monitoring and enforcing compliance with the prescribed requirements and standards; and\n\t(d)\tthe conferral or performance of functions associated with the operation of any legislation or scheme associated with an electricity market; and\n\t(e)\tthe exemption (conditionally or unconditionally) of persons or operations from the application of this Act or specified provisions of this Act; and\n\t(ea)\tthe power to declare that this Act, or any provision of this Act, does not apply, or applies with prescribed variations, to, or in relation to, a place or area within the State specified in the regulations; and\n\t(f)\tfees to be paid in respect of any matter under this Act and the recovery, refund, waiver or reduction of such fees; and\n\t(g)\tpenalties not exceeding $10 000 for contravention of a regulation.\n\t(2a)\tIf the regulations grant an exemption from the requirement to hold a licence under Part 3, the regulations may require a person exempted from the requirement to be treated as an electricity entity for the purposes of specified provisions of this Act.\n\t(2c)\tThe Governor may make regulations that the Governor considers necessary or expedient for the purposes of the National Electricity (South Australia) Law and the National Electricity Rules.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or limited in application according to the persons, areas, times or circumstances to which it is expressed to apply;\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined, regulated or prohibited according to the discretion of the Minister, the Commission or the Technical Regulator;\n\t(c)\trefer to or incorporate, wholly or partially and with or without modification, any standard or other document prepared or published by a body referred to in the regulation, as is in force from time to time or as in force at a particular time;\n\t(d)\timpose a requirement for compliance with procedures or requirements specified, whether in a particular case or generally, for safety or technical purposes by an electricity entity that operates a transmission or distribution network.\n","sortOrder":22},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 2—Transitional provisions\n1—Continuation of certain arrangements\n\t(1)\tAn arrangement between an electricity corporation and a council in force under clause 8 of the repealed provisions immediately before the commencement of this Schedule continues in force as such an arrangement for the purposes of Part 5 of this Act.\n\t(2)\tIn this clause—\nthe repealed provisions means those clauses of Schedule 4 of the Electricity Corporations Act 1994 repealed by this Act.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nSchedules\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Electricity Act 1996 amended the following:\nElectricity Corporations Act 1994\nLocal Government Act 1934\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Electricity Act 1996\n19.12.1996\n1.1.1997 (Gazette 19.12.1996 p1922)\n Electricity (Vegetation Clearance) Amendment Act 1997\n7.8.1997\n1.1.1998 (Gazette 27.11.1997 p1426)\n Electricity (Miscellaneous) Amendment Act 1997\n18.12.1997\n5.3.1998 (Gazette 5.3.1998 p1062)\n Electricity (Miscellaneous) Amendment Act 1999\n11.10.1999 (Gazette 30.9.1999 p1341) except ss 4(e), 15 & 16—19.8.1999 (Gazette 19.8.1999 p882)\n Statutes Amendment (Electricity) Act 1999\n25.11.1999\nPt 2 (s 4)—11.10.1999: s 2(3)\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 12)—1.6.2000 (Gazette 18.5.2000 p2554)\n Electricity (Pricing Order and Cross-ownership) Amendment Act 2000\n Electricity (Miscellaneous) Amendment Act 2002\n12.9.2002 except ss 3(c), (d), (f), 7—9, 10(a), (b), (d), 11(a)—(d), (f), 12, 17, 19—21, 24(b) & 25—1.1.2003 (Gazette 12.9.2002 p3384) and except ss 10(c) & 11(e)—1.7.2003 (Gazette 26.6.2003 p2810)\n Electricity (Pricing Order) Amendment Act 2003\n Statutes Amendment (Gas and Electricity) Act 2003\n12.6.2003\n Pt 4 (s 74)—1.7.2003 (Gazette 26.6.2003 p2812)\n Emergency Management Act 2004\n29.7.2004\nSch 1 (cl 1)—25.11.2004 (Gazette 25.11.2004 p4406)\n Statutes Amendment (Electricity and Gas) Act 2004\n5.8.2004\nPt 2 (ss 4—6)—19.8.2004 except new s 36AA(4a)(d) & (e) (as inserted by s 6(1)) and s 6(2)—1.7.2005 (Gazette 19.8.2004 p3279)\n Fire and Emergency Services Act 2005\n14.7.2005\nSch 6 (cll 4 & 5)—1.10.2005 (Gazette 29.9.2005 p3547)\n Statutes Amendment (Electricity and Gas) Act 2006\n5.10.2006\nPt 2 (ss 4—17) & Sch 1—1.9.2007 (Gazette 19.4.2007 p1233)\n Statutes Amendment (Public Sector Employment) Act 2006\n14.12.2006\nPt 10 (ss 42—44)—1.4.2007 (Gazette 29.3.2007 p930)\n Electricity (Feed-In Scheme—Solar Systems) Amendment Act 2008\n21.2.2008\n1.7.2008 (Gazette 19.6.2008 p2381)\n Statutes Amendment (Energy Efficiency Shortfalls) Act 2009\n4.6.2009\nPt 2 (s 4)—3.9.2009 (Gazette 3.9.2009 p4368)\n Statutes Amendment (Public Health Incidents and Emergencies) Act 2009\nPt 2 (s 3)—25.6.2009\n Statutes Amendment (Australian Energy Market Operator) Act 2009\nPt 3 (ss 15—23) & Sch 1 (cll 1—13 & 28—30)—1.7.2009 (Gazette 25.6.2009 p3001)\n Statutes Amendment (Electricity and Gas—Information Management and Retailer of Last Resort) Act 2009\nPt 2 (s 4)—22.10.2009: s 2 except s 5—1.7.2010 (Gazette 10.12.2009 p6169)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 54 (ss 110 & 111)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment (Electricity and Gas—Price Determination Periods) Act 2010\nPt 2 (s 3)—5.8.2010\n Statutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 8 (s 28)—16.6.2011 (Gazette 16.6.2011 p2610)\n South Australian Public Health Act 2011\nSch 1 (cl 2)—16.9.2012 (Gazette 30.8.2012 p3945)\n Electricity (Miscellaneous) Amendment Act 2011\n30.6.2011\n29.7.2011 (Gazette 28.7.2011 p3161) except new s 36AD(1)(a) (as inserted by s 7)—27.1.2012 (Gazette 27.1.2012 p372)\n Statutes Amendment (National Energy Retail Law Implementation) Act 2012\n13.12.2012\nPt 2 (ss 4—12, 13(2)—(5), 14—22)—1.2.2013 (Gazette 31.1.2013 p157); s 13(1)—uncommenced\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 13 (ss 22—27)—17.6.2013 (Gazette 6.6.2013 p2498)\n Statutes Amendment (Electricity and Gas) Act 2017\n14.6.2017\nPt 2 (ss 4—43)—17.10.2017 (Gazette 17.10.2017 p4338)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 12 (ss 63 to 69)—4.10.2018 (Gazette 28.6.2018 p2618)\nStatutes Amendment (Electricity and Gas) (Energy Productivity) Act 2020\n30.7.2020\nPt 2 (ss 4 & 5)—1.10.2020 (Gazette 10.9.2020 p4557)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 60/1999 s 3\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\namended by 21/2017 s 4\ns 4\n\ns 4(1)\ns 4 redesignated as s 4(1) by 60/1999 s 4(l)\naccess\ndeleted by 60/1999 s 4(a)\nAEMO\ninserted by 32/2009 s 15\nannual electricity consumption level\ninserted by 19/2002 s 3(a)\nbushfire risk area\ninserted by 21/2017 s 5(1)\nCommission\ninserted by 19/2002 s 3(b)\ncontestable customer\nsubstituted by 71/1997 s 3(a)\n\ndeleted by 19/2002 s 3(c)\ncouncil \ncouncil officer\ninserted by 62/1997 s 3(a)\ncross-ownership rules\ninserted by 60/1999 s 4(b)\n\ndeleted by 19/2002 s 3(d)\ncustomer\nsubstituted by 60/1999 s 4(b)\nelectrical equipment\ninserted by 21/2006 s 4(1)\nelectrical installation\namended by 71/1997 s 3(b)\n\namended by 21/2006 s 4(2), (3)\nelectricity infrastructure\namended by 60/1999 s 4(c)\n\namended by 21/2006 s 4(4)\nelectricity supply industry\namended by 60/1999 s 4(d)\nemploying authority\ninserted by 41/2006 s 42(1)\ninstall\ninserted by 21/2006 s 4(5)\ninternal switching manual\ninserted by 21/2017 s 5(2)\nIndustry Regulator\ninserted by 60/1999 s 4(e)\n\ndeleted by 19/2002 s 3(e)\nNational Electricity Code\nsubstituted by 60/1999 s 4(f)\n\ndeleted by 21/2006 Sch 1\nNational Electricity Rules\ninserted by 21/2006 Sch 1\nNational Electricity (South Australia) Law\ninserted by 60/1999 s 4(f)\nNational Energy Retail Rules\ninserted by 55/2012 s 4(1)\nNERL retailer\ninserted by 55/2012 s 4(2)\nnon-bushfire risk area\ninserted by 21/2017 s 5(3)\nnon-contestable customer\ndeleted by 19/2002 s 3(f)\npowerline\nsubstituted by 62/1997 s 3(b)\n\namended by 60/1999 s 4(g)\nPricing Regulator\ninserted by 71/1997 s 3(c)\n\ndeleted by 60/1999 s 4(h)\nregulated entity\ninserted by 55/2012 s 4(3)\nretailing\namended by 60/1999 s 4(i)\nsmall customer\ninserted by 19/2002 s 3(g)\nsystem controller\namended by 60/1999 s 4(j)\ntelecommunications\ninserted by 60/1999 s 4(k)\ntransmission or distribution system\namended by 71/1997 s 3(d)\nTribunal\ninserted by 51/2017 s 63\nvegetation clearance scheme\ninserted by 62/1997 s 3(c)\ns 4\n\ns 4(2)\ninserted by 60/1999 s 4(l)\ns 4(3)\ninserted by 41/2006 s 42(2)\ns 4(4)\ninserted by 21/2017 s 5(4)\ns 5\n\ns 5(3)\namended by 60/1999 s 5\ns 6\nsubstituted by 60/1999 s 6\nPt 2\n\nPt 2 Div 1\ninserted by 60/1999 s 7\n\nheading amended by 19/2002 Sch\ns 6A\n\ns 6A(1)\n\ns 6A(2)\n\namended by 55/2012 s 5(1)\ns 6A(3)\n\namended by 55/2012 s 5(2)\ns 6A(4)\n\namended by 55/2012 s 5(3), (4)\nPt 2 Div 2\ninserted by 71/1997 s 6\n\ndeleted by 60/1999 s 15\nPt 2 Div 2 before deletion by 32/2009\ninserted by 60/1999 s 7\ns 6E\n\ns 6E(1)\n\ns 6F\n\ns 6F(2)\namended by 41/2006 s 43\ns 6G\n\ns 6G(5)\namended by 19/2002 s 4\ns 6L\nsubstituted by 41/2006 s 44\ns 6LA\ninserted by 41/2006 s 44\ns 6N\ninserted by 19/2002 s 5\ns 6N(1)\ns 6O\ninserted by 19/2002 s 5\nPt 2 Div 2\ndeleted by 32/2009 s 16\nPt 2 Div 3\nDiv 1 heading inserted by 71/1997 s 4\n\nDiv 1 heading deleted and Div 3 heading inserted by 60/1999 s 8\ns 7\n\ns 7(2)\namended by 60/1999 s 9\n\namended by 84/2009 s 110\ns 8\nsubstituted by 60/1999 s 10\n\namended by 32/2009 s 17(1)—(3)\ns 10\n\ns 10(1)\namended by 60/1999 s 11(a)\n\namended by 24/2011 s 4\ns 10(2)\namended by 60/1999 s 11(b)\ns 10(3)\nsubstituted by 21/2017 s 6\ns 10(4)\ninserted by 21/2017 s 6\ns 11\n\ns 11(1)\namended by 60/1999 s 12(a)\n\namended by 24/2011 s 5\ns 11(1a)\ninserted by 71/1997 s 5\n\namended by 60/1999 s 12(b)\n\nsubstituted by 45/2009 s 4\nss 12 and 13\ndeleted by 60/1999 s 13\ns 14\n\ns 14(1)\namended by 60/1999 s 14(a)\ns 14(2)\ndeleted by 60/1999 s 14(b)\nPt 2 Div 4\ninserted by 60/1999 s 15\ns 14A\ns 14A(1)\namended by 55/2012 s 6\ns 14C\nPt 3\n\nPt 3 Div A1\ninserted by 60/1999 s 16\ns 14D\nPt 3 Div A2\ninserted by 55/2012 s 7\nPt 3 Div 1\n\ns 15\n\ns 15(1)\namended by 60/1999 s 17(a)\n\namended by 19/2002 s 6\ns 15(2)\namended by 60/1999 s 17(b)\ns 15(3)\ninserted by 60/1999 s 17(c)\n\nsubstituted by 32/2009 s 18\ns 16\n\ns 16(1)\namended by 60/1999 s 18(a), (b)\n\ns 16(2)\namended by 60/1999 s 18(c)\n\ns 16(3)\namended by 60/1999 s 18(d), (e)\n\ns 16(4)\namended by 60/1999 s 18(f)\n\ns 17\n\ns 17(1)\namended by 60/1999 s 19(a)\n\ns 17(2)\namended by 60/1999 s 19(b)—(d)\n\n(ab) deleted by 19/2002 s 7\ns 17(3)\namended by 60/1999 s 19(e)\n\ns 17(4)\namended by 60/1999 s 19(f)—(i)\n\ns 17(5)\namended by 60/1999 s 19(j), (k)\n\ns 17A\ninserted by 60/1999 s 20\ns 17A(2)\ns 19\nsubstituted by 60/1999 s 21\ns 20\n\ns 20(1)\namended by 60/1999 s 22(a), (b)\n\ns 20(2)\namended by 60/1999 s 22(c)\n\ns 20(3)\nsubstituted by 60/1999 s 22(d)\ns 20(4)\namended by 60/1999 s 22(e)\n\ns 20(5)\namended by 60/1999 s 22(f)\n\ns 20(7)\n\nadministrative costs\ninserted by 60/1999 s 22(g)\n\namended by 32/2009 s 19\ns 21\namended by 71/1997 s 7\n\ns 21(1)\namended by 19/2002 s 8(a)\n\n(d) deleted by 19/2002 s 8(b)\ns 21(2)\namended by 19/2002 s 8(c)\n\ns 21(3)\namended by 19/2002 s 8(d)\n\ns 21(4)\ns 22\ns 22(1)\namended by 19/2002 s 9\n\namended by 32/2009 s 20\n\namended by 21/2017 s 7(1), (2)\ns 22(1a)\ninserted by 21/2017 s 7(3)\ns 23\ns 23(1)\n\namended by 19/2002 s 10(a), (b), (d)\n\namended by 19/2002 s 10(c)\n\namended by 32/2009 s 21\n\n(n)(ix) deleted by 55/2012 s 8(1)\n\namended by 21/2017 s 8(1), (2)\ns 23(1a)\ninserted by 21/2017 s 8(3)\ns 23(3)\namended by 36/2004 s 4\n\namended by 45/2009 s 5\n1.7.2010\n\ndeleted by 55/2012 s 8(2)\ns 23(4) and (5)\ndeleted by 55/2012 s 8(2)\ns 23(5a) and (5b)\ninserted by 19/2002 s 10(e)\ns 24\ns 24(1)\n\ndeleted by 19/2002 s 11(a)\ns 24(2)\n\namended by 19/2002 s 11(b), (c), (d)\n\n(f) and (g) deleted by 19/2002 s 11(d)\n\namended by 19/2002 s 11(e)\n\namended by 36/2004 s 5(1), (2)\n\n(f) deleted by 55/2012 s 9\ns 24(3)\n\ndeleted by 19/2002 s 11(f)\ns 24A\ninserted by 60/1999 s 23\ns 24A(1)\n\namended by 19/2002 s 12\ns 24A(1a)\ninserted by 21/2017 s 9\ns 24B\ninserted by 60/1999 s 23\n\namended by 55/2012 s 10\ns 25\n\ns 25(1)\namended by 60/1999 s 24(a)\n\namended by 19/2002 s 13(a)\ns 25(2)\namended by 60/1999 s 24(b)\n\nsubstituted by 19/2002 s 13(b)\ns 26\ndeleted by 60/1999 s 25\ns 27\n\ns 27(1)\nsubstituted by 60/1999 s 26\n\ns 28\nsubstituted by 60/1999 s 27\ns 28(1)—(6)\ns 28A\ninserted by 60/1999 s 27\n\ns 28B\ninserted by 60/1999 s 27\ns 28B(1) and (2)\ns 29\n\ns 29(1)—(3)\namended by 60/1999 s 28\n\ns 30\n\ns 30(1)\namended by 60/1999 s 29(a)\n\namended by 19/2002 s 14, Sch\ns 30(3)\namended by 60/1999 s 29(b)\ns 30A\ninserted by 11/2011 s 28\nPt 3 Div 2\n\ns 31\nsubstituted by 60/1999 s 30\ns 31(6)\nss 32 and 33\ndeleted by 60/1999 s 30\nPt 3 Div 2A\ninserted by 71/1997 s 8\n\nsubstituted by 60/1999 s 31\ns 35A\n\ns 35A(1)\namended by 19/2002 s 15(a), (b), Sch\n\namended by 2/2003 s 2\n\namended by 24/2011 s 6(1)\n\n(b) deleted by 55/2012 s 11\ns 35A(2)\ns 35A(2a)\ninserted by 24/2011 s 6(2)\ns 35A(3)\namended by 2/2003 s 2\ns 35A(4)\nsubstituted by 19/2002 s 15(c)\n\namended by 51/2017 s 64\ns 35B\n\ns 35B(1)\n(b) deleted by 55/2012 s 12\ns 35B(4) and (5)\ns 35B(7)\namended by 74/1999 s 4\ns 35B(10a)\ninserted by 51/2000 s 2\n\namended by 2/2003 s 3\ns 35B(12) and (13)\nPt 3 Div 3\nheading amended by 60/1999 s 32\ns 36\n\ns 36(1)\namended by 60/1999 s 33(a)\n\namended by 19/2002 s 16\ns 36(2)\namended by 60/1999 s 33(b)\n\namended by 9/2003 s 74(1)\ns 36(2a)\ninserted by 9/2003 s 74(2)\ns 36(3)\namended by 60/1999 s 33(c)\n\namended by 9/2003 s 74(3)\n\ns 36(5)\ninserted by 9/2003 s 74(4)\nPt 3 Div 3AA\ninserted by 19/2002 s 17\ns 36AA\nmay expire by proclamation: s 36AA(7)\n\ns 36AA(1a)\ninserted by 55/2012 s 13(1)\nuncommenced—not incorporated\ns 36AA(2)\namended by 55/2012 s 13(2)\ns 36AA(3)\ndeleted by 55/2012 s 13(3)\ns 36AA(4)\namended by 55/2012 s 13(4)\ns 36AA(4a)\ninserted by 36/2004 s 6(1)\n19.8.2004 except (d) and (e)—1.7.2005\n\namended by 11/2010 s 3(1), (2)\ns 36AA(6) before substitution by 55/2012\n\nstanding contract price\nsubstituted by 36/2004 s 6(2)\n1.7.2005\ns 36AA(6)\nsubstituted by 55/2012 s 13(5)\ns 36AA(7)\nsubstituted by 36/2004 s 6(3)\nPt 3 Div 3AB\ninserted by 1/2008 s 4\n1.7.2008\n\nsubstituted by 24/2011 s 7\n29.7.2011 except s 36AD(1)(a)—27.1.2012\ns 36AC\n\ns 36AC(1)\ns 36AC redesignated as s 36AC(1) by 55/2012 s 14\ns 36AC(2)\ninserted by 55/2012 s 14\ns 36AE\n\ns 36AE(6)\namended by 55/2012 s 15(1)\ns 36AE(6a)\ninserted by 55/2012 s 15(2)\nPt 3 Div 3AC\ninserted by 55/2012 s 16\nPt 3 Div 3A\ninserted by 60/1999 s 34\nPt 3 Div 4\n\ns 37\n\ns 37(1)\namended by 60/1999 s 35(a)—(c)\n\ns 37(2)\namended by 60/1999 s 35(d)\n\ns 37(3)\namended by 60/1999 s 35(e)\n\nPt 3 Div 5\nheading amended by 60/1999 s 36\n\ns 38\n\ns 38(1)\namended by 60/1999 s 37(a), (b)\n\ns 38(2)\namended by 60/1999 s 37(c)\n\ns 38(3)\namended by 60/1999 s 37(d)\n\ns 39\n\ns 39(1)\namended by 60/1999 s 38(a)\n\ns 39(2a)\ninserted by 60/1999 s 38(b)\n\ns 39(5)\namended by 60/1999 s 38(c)\ns 39(6)\namended by 60/1999 s 38(d)\nPt 3 Div 6\ndeleted by 60/1999 s 39\nPt 4 Div 1\n\ns 41\n\ns 41(1)\namended by 60/1999 s 40\ns 43\n\ns 43(2)\namended by 60/1999 s 41(a)\ns 43(3)\namended by 60/1999 s 41(b)\ns 50\namended by 60/1999 s 46\ns 53\n\ns 53(2)\namended by 60/1999 s 47\n\namended by 40/2005 Sch 6 cl 4\ns 54\namended by 30/2004 Sch 1 cl 1\n25.11.2004\n\namended by 40/2005 Sch 6 cl 5(1), (2)\n\namended by 29/2009 s 3\n\namended by 21/2011 Sch 1 cl 2\n16.9.2012\n\namended by 55/2012 s 17(1), (2)\nPt 4 Div 1A\ninserted by 21/2017 s 10\nPt 4 Div 2\n\ns 45\n\ns 45(1)\namended by 60/1999 s 42(a)\ns 45(2)\namended by 60/1999 s 42(b)\ns 45(3)\namended by 60/1999 s 42(c), (d)\ns 47\n\ns 47(2a)\ninserted by 60/1999 s 43(a)\ns 47(11) and (12)\ndeleted by 60/1999 s 43(b)\ns 48\n\ns 48(1)\ndeleted by 60/1999 s 44(a)\ns 48(2)\namended by 60/1999 s 44(b)\ns 48(2a)\ninserted by 21/2017 s 11(1)\ns 48(4)\namended by 60/1999 s 44(c)\ns 48(5)\ndeleted by 60/1999 s 44(d)\ns 48(7)\namended by 60/1999 s 44(e)\ns 48(8)\ninserted by 21/2017 s 11(2)\ns 48A\ninserted by 60/1999 s 45\nPt 5\n\nPt 5 Div 1\nheading inserted by 62/1997 s 4\n\nheading amended by 21/2017 s 12\ns 55\n\ns 55(1)\namended by 62/1997 s 5(a)\ns 55(1a)\ninserted by 62/1997 s 5(b)\ns 55(3)\namended by 62/1997 s 5(c)\ns 55(4)—(6)\nsubstituted by 62/1997 s 5(d)\ns 55AA\ninserted by 21/2017 s 13\nPt 5 Div 2\ninserted by 62/1997 s 6\nPt 5 Div 3\nheading inserted by 62/1997 s 7\ns 56\n\ns 56(1)\namended by 62/1997 s 8\ns 57\n\ns 57(1)\namended by 62/1997 s 9(a), (b)\ns 57(2)\namended by 62/1997 s 9(c)\n\namended by 21/2006 s 5\n\namended by 21/2017 s 14\ns 57(2a)\ninserted by 62/1997 s 9(d)\ns 57(3)\namended by 62/1997 s 9(e)\ns 57(4)\namended by 62/1997 s 9(f)\ns 57(5)\namended by 62/1997 s 9(g)\ns 57(7)\ninserted by 62/1997 s 9(h)\ns 58\n\ns 58(1)\namended by 60/1999 s 48\ns 58(2)\namended by 62/1997 s 10\n\namended by 21/2006 s 6\nPt 5A\ninserted by 60/1999 s 49\nPt 6\n\ns 59\n\ns 59(1)\namended by 60/1999 s 50\n\nsubstituted by 21/2006 s 7(1)\ns 59(1a)—(1c)\ns 59(1d)\n\namended by 21/2017 s 15(1)\ns 59(1e)—(1g)\ns 59(3)\nsubstituted by 21/2006 s 7(2)\ns 59(4)\ninserted by 21/2006 s 7(2)\n\namended by 21/2017 s 15(2)\ns 59(5)\ninserted by 21/2006 s 7(2)\ns 60\n\ns 60(1)\namended by 60/1999 s 51\n\nsubstituted by 21/2017 s 16\ns 60(1a) and (1b)\ninserted by 21/2017 s 16\ns 60A\ninserted by 21/2006 s 8\ns 60B\ninserted by 21/2017 s 17\ns 61\n\ns 61(1)\namended by 60/1999 s 52(a)\n\namended by 21/2006 s 9(1)\n\namended by 16/2013 s 22(1)\n\namended by 21/2017 s 18(1)\ns 61(2)\nsubstituted by 60/1999 s 52(b)\n\namended by 21/2006 s 9(2)\n\namended by 21/2017 s 18(2)—(5)\ns 61(3)\ndeleted by 60/1999 s 52(b)\n\ninserted by 21/2006 s 9(3)\n\namended by 21/2017 s 18(6)\ns 61(4)\ninserted by 21/2006 s 9(3)\n\namended by 16/2013 s 22(2)\ns 61A\ninserted by 21/2006 s 10\n\namended by 16/2013 s 23\ns 61B\ninserted by 21/2017 s 19\ns 62\n\ns 62(1)\namended by 21/2006 s 11(1), (2)\n\namended by 21/2017 s 20(1), (2)\ns 62(2)\namended by 60/1999 s 53(a)\n\namended by 21/2006 s 11(3), (4)\n\namended by 21/2017 s 20(3)\ns 62(4)\namended by 60/1999 s 53(b)\n\nsubstituted by 21/2017 s 20(4)\ns 62A\ninserted by 21/2006 s 12\ns 62A(3)\ninserted by 21/2017 s 21\ns 62B\ninserted by 21/2006 s 12\ns 62B(3)\ninserted by 21/2017 s 22\ns 63\namended by 21/2006 s 13\n\nsubstituted by 21/2017 s 23\nPt 6A\ninserted by 55/2012 s 18\nPt 7\n\nPt 7 Div A1\ninserted by 19/2002 s 18\ns 63A before substitution by 21/2017\n\ns 63A(1)\namended by 55/2012 s 19(1)\ns 63A(2)\namended by 55/2012 s 19(2)\ns 63A\nsubstituted by 21/2017 s 24\ns 63AB\n\ns 63AB(1)\namended by 25/2020 s 4\ns 63B\ninserted by 21/2017 s 24\ns 63BA\ns 63B redesignated as s 63BA by 21/2017 s 25\nss 63BB and 63BC\ninserted by 21/2017 s 26\nPt 7 Div A2\ninserted by 19/2002 s 18\nPt 7 Div A3\ninserted by 21/2017 s 27\nPt 7 Div 1\n\ns 64\n\ns 64(1)\namended by 60/1999 s 54(a)\ns 64(3)\nsubstituted by 60/1999 s 54(b)\n\ns 64(4)\ninserted by 60/1999 s 54(b)\n\namended by 19/2002 s 19\ns 65\n\ns 65(3) and (4)\namended by 60/1999 s 55\ns 66\n\ns 66(1)\namended by 60/1999 s 56(a)\ns 66(3)\namended by 60/1999 s 56(b), (c)\nPt 7 Div 2\n\ns 69 before substitution by 21/2017\n\ns 69(2)\namended by 60/1999 s 57(a)\n\ns 69(4)\namended by 60/1999 s 57(b)\n\ns 69\nsubstituted by 21/2017 s 28\ns 70\n\ns 70(3)\namended by 60/1999 s 58\n\namended by 21/2017 s 29(1), (2)\ns 71\n\ns 71(3)\namended by 60/1999 s 59\n\nsubstituted by 21/2017 s 30\ns 72\n\ns 72(1)\namended by 21/2006 s 14(1), (2)\n\namended by 21/2017 s 31(1), (2)\ns 72(2)\namended by 60/1999 s 60(a)\n\namended by 21/2006 s 14(3), (4)\n\namended by 21/2017 s 31(3)\ns 72(4)\namended by 60/1999 s 60(b)\n\nsubstituted by 21/2017 s 31(4)\ns 72(5)—(7)\ninserted by 21/2017 s 31(4)\ns 73\n\ns 73(3)\namended by 60/1999 s 61\ns 73(4)\ndeleted by 21/2017 s 32\nPt 7 Div 3\ninserted by 21/2017 s 33\nPt 8\namended by 62/1997 s 11\n\nsubstituted by 60/1999 s 62\nheading\namended by 51/2017 s 65\ns 74\ndeleted by 19/2002 Sch\ns 75\n\ns 75(1)\n\n(c) deleted by 19/2002 s 20(a)\n\namended by 21/2017 s 34(1)\ns 75(1a)\ninserted by 21/2017 s 34(2)\ns 75(2)\n\n(e)(ii) deleted by 19/2002 s 20(b)\ns 75(3)—(7)\ns 76 before substitution by 21/2017\n\ns 76(1)\namended by 4/2000 s 9(1) (Sch 1 cl 12(a))\n\ns 76(2)\namended by 4/2000 s 9(1) (Sch 1 cl 12(b))\ns 76(3)\ns 76(4)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 12(c))\ns 76(5)\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 12(d))\ns 76\nsubstituted by 21/2017 s 35\n\nsubstituted by 51/2017 s 66\ns 77\namended by 51/2017 s 67\nPt 9\n\ns 80\nsubstituted by 60/1999 s 63\ns 80(1)\n\namended by 19/2002 s 21\ns 80(1a)\ninserted by 21/2006 s 15(1)\n\namended by 21/2017 s 36\ns 80(2)\n\nsubstituted by 21/2006 s 15(1)\ns 80(3)\n\namended by 21/2006 s 15(2)\ns 80(6) and (7)\ninserted by 55/2012 s 20\ns 80A\ninserted by 60/1999 s 63\ns 80A(1)\ns 81\namended by 60/1999 s 64\ns 81A\ninserted by 60/1999 s 65\ns 82\n\ns 82(1)\namended by 62/1997 s 12(a)\ns 82(3)\namended by 62/1997 s 12(b)\ns 83\n\ns 83(1)\namended by 62/1997 s 13(a)\ns 83(6)\namended by 62/1997 s 13(b)\ns 84\n\ns 84(1)\namended by 16/2013 s 24\ns 84(2)\namended by 21/2017 s 37(1)\ns 84(3)\nsubstituted by 21/2017 s 37(2)\ns 84(4)\ninserted by 21/2017 s 37(2)\ns 85\n\ns 85(1)\namended by 16/2013 s 25\ns 85(2)\namended by 21/2006 s 16\ns 90\namended by 60/1999 s 66\ns 91\namended by 71/1997 s 9\n\namended by 60/1999 s 67\n\namended by 19/2002 s 22, Sch\n\namended by 32/2009 s 22\ns 91A\ninserted by 24/2011 s 8\ns 91B\ninserted by 21/2017 s 38\ns 92\n\ns 92(2a)\ninserted by 21/2017 s 39\ns 92(3)\ninserted by 16/2013 s 26\ns 93\nsubstituted by 16/2013 s 27\ns 93A\ninserted by 21/2017 s 40\ns 94\n\ns 94(1)\namended by 60/1999 s 68\ns 94A\ninserted by 19/2002 s 23\ns 94B\ninserted by 19/2009 s 4\n3.9.2009\ns 94B(1)\namended by 25/2020 s 5(1)\ns 94B(2)\namended by 25/2020 s 5(2)\ns 94B(3)\namended by 25/2020 s 5(3)\ns 94B(12)\namended by 25/2020 s 5(4)\ns 94B(13)\namended by 25/2020 s 5(5)\ns 94B(15)\n\nrelevant electricity retailer\nsubstituted by 55/2012 s 21\ns 95 before deletion by 84/2009\n\ns 95(1)\namended by 60/1999 s 69\ns 95\ndeleted by 84/2009 s 111\ns 96\n\ns 96(2)\namended by 62/1997 s 14\n\namended by 60/1999 s 70(a), (b)\n\namended by 19/2002 s 24(a), Sch\ns 96(3)\namended by 60/1999 s 70(c)\n\namended by 19/2002 s 24(b)\ns 96(3a)\ninserted by 60/1999 s 70(d)\n\namended by 19/2002 s 24(c)\ns 97\n\ns 97(1)\namended by 21/2017 s 41\ns 97(2)\namended by 60/1999 s 71\n\ns 98\n\ns 98(2)\namended by 60/1999 s 72(a), (c)\n\n(d) deleted by 60/1999 s 72(b)\n\n(d) inserted by 32/2009 s 23\n\namended by 55/2012 s 22\n\namended by 21/2017 s 42\ns 98(2a)\ns 98(2b)\n\ndeleted by 19/2002 s 25\ns 98(2c)\n\ns 98(3)\namended by 60/1999 s 72(e)\n\namended by 21/2006 s 17\nSch 1\nsubstituted by 60/1999 s 73\n\namended by 51/2000 s 3\n\nexpired: Sch 1 cl 2(2)—omitted under Legislation Revision and Publication Act 2002\n(31.12.2002)\nSch 1A\ninserted by 60/1999 s 73\n\ndeleted by 51/2017 s 68\nSch 2\n\ncl 2\namended by 71/1997 s 10\n\ndeleted by 60/1999 s 74\nTransitional etc provisions associated with Act or amendments\nElectricity (Pricing Order and Cross-ownership) Amendment Act 2000\n4—Exclusion of Crown liability in relation to electricity pricing order\n\t(1)\tNo liability (including contractual liability) is incurred by the Crown in connection with the variation of the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471.\nCrown includes a Minister of the Crown, an instrumentality of the Crown or an officer or employee of the Crown or an instrumentality of the Crown, but does not include a contractor, or an officer or employee of a contractor, engaged by the Crown.\nElectricity (Pricing Order) Amendment Act 2003\n4—Exclusion of Crown liability in relation to electricity pricing order\n\t(1)\tNo liability (including contractual liability) is incurred by the Crown in connection with the further variation of the electricity pricing order notified in the Gazette on 11 October 1999 at page 1471.\nCrown includes a Minister of the Crown, an instrumentality of the Crown or an officer or employee of the Crown or an instrumentality of the Crown, but does not include a contractor, or an officer or employee of a contractor, engaged by the Crown.\nStatutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions\nNote—\nAlso see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.\n1—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;\nemploying authority means—\n\t(a)\tsubject to paragraph (b)—the person who is the employing authority under a relevant Act;\n\t(b)\tin a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;\nIndustrial Commission means the Industrial Relations Commission of South Australia;\nprescribed body means—\n\t(a)\tthe Aboriginal Lands Trust;\n\t(b)\tthe Adelaide Cemeteries Authority;\n\t(c)\tthe Adelaide Festival Centre Trust;\n\t(d)\tthe Adelaide Festival Corporation;\n\t(e)\tSA Ambulance Service Inc;\n\t(f)\tthe Minister to whom the administration of the Children's Services Act 1985 is committed;\n\t(g)\tthe Minister to whom the administration of the Education Act 1972 is committed;\n\t(h)\tthe Electricity Supply Industry Planning Council;\n\t(i)\ta body constituted under the Fire and Emergency Services Act 2005;\n\t(j)\tthe History Trust of South Australia;\n\t(k)\tthe Institute of Medical and Veterinary Science;\n\t(l)\ta regional NRM board constituted under the Natural Resources Management Act 2004;\n\t(m)\tthe Senior Secondary Assessment Board of South Australia;\n\t(n)\tthe South Australian Country Arts Trust;\n\t(o)\tthe South Australian Film Corporation;\n\t(p)\tthe South Australian Health Commission;\n\t(q)\tan incorporated hospital under the South Australian Health Commission Act 1976;\n\t(r)\tan incorporated health centre under the South Australian Health Commission Act 1976;\n\t(s)\tthe South Australian Motor Sport Board;\n\t(t)\tthe South Australian Tourism Commission;\n\t(u)\tThe State Opera of South Australia;\n\t(v)\tthe State Theatre Company of South Australia;\n\t(w)\tthe Minister to whom the administration of the Technical and Further Education Act 1975 is committed;\nrelevant Act means—\n\t(a)\tin a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;\n\t(b)\tin a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;\n\t(c)\tin a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.\n2—Transfer of employment\n\t(1)\tSubject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).\n\t(2)\tThe following persons will, on the commencement of this clause, be taken to be employed as follows:\n\t(a)\ta person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);\n\t(b)\ta person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;\n\t(c)\ta person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;\n\t(d)\ta person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.\n\t(3)\tSubject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).\n\t(4)\tSubject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—\n\t(a)\twill be taken to provide for continuity of employment without termination of the relevant employee's service; and\n\t(b)\twill not affect—\n\t(i)\texisting conditions of employment or existing or accrued rights to leave; or\n\t(ii)\ta process commenced for variation of those conditions or rights.\n\t(5)\tIf, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—\n\t(a)\twith the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and\n\t(b)\twith any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,\nsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).\n\t(6)\tWhere an award or enterprise agreement is created by virtue of the operation of subclause (5)—\n\t(a)\tthe award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and\n\t(b)\tthe Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(c)\tthe Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.\n3—Superannuation\n\t(1)\tIf a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.\n\t(2)\tNothing that takes effect under subclause (1)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(b)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,\nand subclause (1) may have effect despite any other Act or law.\n\t(3)\tAn amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).\n4—Interpretative provision\n\t(1)\tThe Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.\n\t(2)\tA proclamation under subclause (1) may effect a transfer of functions or powers.\n5—Related matters\n\t(1)\tA notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(2)\tA notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(3)\tA notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(4)\tA notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.\n\t(5)\tThe fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).\n6—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.\nStatutes Amendment (Australian Energy Market Operator) Act 2009, Sch 1\nPart 1—Transitional provisions—Electricity market\nDivision 1—Preliminary\n1—Preliminary\nIn this Part, unless the contrary intention appears—\nasset means tangible or intangible real or personal property of any description and includes—\n\t(a)\ta present, future or contingent legal or equitable interest in real or personal property;\n\t(b)\ta chose in action;\n\t(c)\ta right, power, privilege or immunity;\n\t(d)\tgoodwill;\n\t(e)\ta security;\n\t(f)\tmoney;\n\t(g)\tdocuments;\n\t(h)\tinformation (including data and records) in any form;\nbusiness day means any day except a Saturday, Sunday or public holiday;\ndesignated entity means—\n\t(a)\tAEMO; or\n\t(b)\tthe relevant Minister;\nESIPC means the Electricity Supply Industry Planning Council;\nliability means a monetary or non‑monetary obligation and includes a future or contingent obligation;\nprincipal Act means the Electricity Act 1996;\nproperty includes intellectual property;\nrelevant day means a day appointed by the relevant Minister by notice in the Gazette as the relevant day for the purposes of the provision in which the term is used;\nrelevant Minister means the Minister responsible for the administration of the principal Act;\nTechnical Regulator means the Technical Regulator under the principal Act.\nDivision 2—Reporting requirements and financial statements—ESIPC\n2—Reporting and financial requirements—ESIPC\n\t(1)\tAEMO must comply with any requirement that would have applied to or in relation to ESIPC with respect to ESIPC's operations before the relevant day had the repeal of Part 2 Division 2 of the principal Act not been effected by this Act—\n\t(a)\tto ensure that proper accounts are maintained and financial statements prepared and finalised with respect to any financial year; and\n\t(b)\tto ensure that financial statements are delivered to the Auditor‑General for auditing (together with any relevant certificates, information or material); and\n\t(c)\tto prepare and deliver any annual or other reports.\n\t(2)\tAEMO, or the Chief Executive of AEMO, may take such steps as are reasonably necessary in order to comply with subclause (1) (including by assuming control of any accounts, statements or other documents or materials or by providing any certificate, information or statement).\nDivision 3—Assignment or provision of information\n3—Assignment of information held by ESIPC\n\t(1)\tDespite any other Act or law, the documents and other information (including data and records) in any form held by ESIPC immediately before the relevant day (designated information) will be assigned by force of this clause to—\n\t(a)\tin the case of designated information directly relevant to the functions of AEMO—AEMO;\n\t(b)\tin the case of designated information directly relevant to the functions of the relevant Minister—the relevant Minister;\n\t(c)\tin the case of designated information directly relevant to the functions of the Technical Regulator appointed under the principal Act—the Technical Regulator;\n\t(d)\tin the case of any other designated information—the relevant Minister or, if so determined by the relevant Minister, another person or entity specified by the relevant Minister.\n\t(2)\tAny person or entity to which designated information is assigned under this clause will hold that designated information on the same basis as it was being held by ESIPC immediately before the relevant day.\n\t(3)\tIt follows that—\n\t(a)\tif the designated information was confidential in the hands of ESIPC immediately before the relevant day, it remains confidential in the hands of the person or entity to which it is assigned; and\n\t(b)\tthe person or entity must deal with any designated information in the same way as if it has been acquired or produced by the person or entity rather than ESIPC.\n\t(4)\tDespite a preceding subclause, AEMO, the relevant Minister and the Technical Regulator may provide any information obtained under this clause to each other and, in doing so, will not be acting in breach of any confidence and will not be subject to any other form of limitation that may have applied to ESIPC.\n4—Provision of information under a licence\nA reference in a licence under the principal Act relating to the provision of information by an electricity entity to ESIPC will, on the relevant day, be taken to be a reference to the provision of information to AEMO.\nDivision 4—Transfer of assets and liabilities—ESIPC\n5—Ministerial orders\n\t(1)\tThe relevant Minister may, by instrument in writing (an allocation order), transfer—\n\t(a)\tspecified assets or liabilities of ESIPC to AEMO or to the relevant Minister;\n\t(b)\tspecified classes of assets or liabilities of ESIPC to AEMO or to the relevant Minister;\n\t(c)\tall assets and liabilities of ESIPC, other than specified classes of assets or liabilities, to AEMO;\n\t(d)\tall assets and liabilities of ESIPC, or all remaining assets and liabilities of ESIPC, to AEMO.\n\t(2)\tAn allocation order takes effect from a date (which may be earlier than the date of the order) specified in the order.\n\t(3)\tIf it appears to the relevant Minister that assets or liabilities should not have been transferred to AEMO under this clause, the Minister may, by instrument in writing (a claw back order), transfer assets or liabilities transferred under this clause from AEMO to the relevant Minister or to another person or entity specified by the relevant Minister.\n\t(4)\tA claw back order—\n\t(a)\tmust be made within 12 months after the date of the allocation order; and\n\t(b)\ttakes effect from a date (which may be earlier than the date of the order) specified in the order.\n\t(5)\tThe relevant Minister must, at least 20 business days before making a claw back order, give AEMO written notice of the relevant Minister's intention to make the order.\n\t(6)\tThe relevant Minister may make an allocation order, or a claw back order, in relation to assets or liabilities situated outside South Australia.\n\t(7)\tAn allocation order or a claw back order may be made on conditions specified in the order.\n6—Effect of transfer order\n\t(1)\tOn the relevant date, assets and liabilities vest in the transferee named in a transfer order in accordance with the order.\n\t(2)\tIf a transfer order provides for the transfer of the transferor's interest in an agreement—\n\t(a)\tthe transferee becomes on the relevant date a party to the agreement in place of the transferor; and\n\t(b)\ton and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement.\n\t(3)\tIn this clause—\nrelevant date means, in relation to an allocation order or a claw back order, the date specified in the order for the order to take effect;\ntransfer order means an allocation order or a claw back order under clause 5;\ntransferor means the person from whom assets or liabilities are transferred by a transfer order.\n7—Continued effect of certain acts by ESIPC\nAnything done, or omitted to be done, by ESIPC in relation to assets or liabilities transferred to a designated entity under this Division is, if it continues to have effect as at the date of the transfer, taken to be the designated entity's act or omission.\n8—Continuation of proceedings\nProceedings commenced before the date of transfer by or against ESIPC in relation to an asset or liability transferred to a designated entity under this Division may be continued and completed by or against the designated entity.\n9—Evidence of transfer\nA written notice signed by the relevant Minister stating that a specific transfer of assets or liabilities has been made under this Division is conclusive evidence of the transfer.\n10—References\n\t(1)\tA reference in an instrument or other document to ESIPC in connection with an asset or liability transferred to a designated entity under this Division is, from the date of transfer, taken to be a reference to the designated entity.\n\t(2)\tSubclause (1) does not apply to any instrument or document, or instrument or document of a specified class, excluded from the operation of that subclause by the relevant Minister by notice in the Gazette.\n11—Parties to transfer must do anything necessary to perfect transfer\n\t(1)\tAEMO must accept assets and liabilities transferred to it under this Division.\n\t(2)\tThe relevant Minister may direct AEMO's directors to accept, on AEMO's behalf, a transfer of assets or liabilities under this Division.\n\t(3)\tAEMO must take necessary action to perfect a transfer of assets or liabilities under this Division.\n\t(4)\tThe relevant Minister may direct the directors of AEMO to ensure that AEMO complies with an obligation under subclause (3).\n12—Agreements\n\t(1)\tAs from the relevant day, AEMO succeeds to ESIPC's powers, rights, obligations and liabilities under any agreement or other instrument related to an electricity market of which AEMO assumes the operation.\n\t(2)\tA reference in an agreement or other instrument within the ambit of subclause (1) continues to have effect in accordance with its terms as if any reference to ESIPC were a reference to AEMO (and AEMO will be taken to be a party to the agreement or other instrument, and to always have been such a party).\nDivision 5—Instruments made by ESIPC\n13—Instruments made by ESIPC\n\t(1)\tUnless the context otherwise requires, a procedure, guideline, directive, approval, determination or other instrument of a legislative or administrative character—\n\t(a)\tmade by ESIPC under the principal Act; and\n\t(b)\tin force immediately before the relevant day,\ncontinues in force, subject to amendment or revocation by AEMO, as if made by AEMO.\n\t(2)\tSubclause (1) does not apply to any instrument, or instrument of a specified class, excluded from the operation of that subclause by the relevant Minister by notice in the Gazette.\nPart 3—Related matters\n28—Corporations Act displacement\nTo the extent that any provision of this Schedule is incapable of concurrent operation with a provision of the Corporations Act 2001 of the Commonwealth (a designated Commonwealth provision), the provision of this Schedule is declared to be a Corporations legislation displacement provision for the purposes of section 5G of that Act in relation to the designated Commonwealth provision.\nNote—\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n29—Validity and effect of steps taken under Schedule\n\t(1)\tNothing done under this Schedule—\n\t(a)\tis to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or\n\t(b)\tis to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or\n\t(c)\tis to be regarded as fulfilling any condition that allows a person to exercise a power, right of remedy in respect of or to terminate any agreement or obligation; or\n\t(d)\tis to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or\n\t(e)\tis to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or\n\t(f)\tis to be regarded as frustrating any contract; or\n\t(g)\treleases any surety or other obligor wholly or in part from any obligation; or\n\t(h)\tgives rise to any right or entitlement to damages or compensation.\n\t(2)\tThe transfer of a liability of an entity under this Part releases the entity from the liability.\n\t(3)\tIf the books or records of an entity are transferred to AEMO under this Part, AEMO must—\n\t(a)\tpreserve the books and records for at least 7 years; and\n\t(b)\tallow—\n\t(i)\tthe entity and, if relevant, any director or former director of the entity; and\n\t(ii)\tany other person authorised by the relevant Minister,\nreasonable access to the books and records.\n\t(4)\tIn this clause—\nrelevant Minister means the Minister responsible for the administration of the Electricity Act 1996.\n30—Exemption from taxes\nAny stamp duty or other tax imposed by or under a law of this State is not payable in relation to a transfer of assets or liabilities under this Schedule.\nElectricity (Miscellaneous) Amendment Act 2011, Sch 1—Transitional provisions\n1—Preliminary\n\t(1)\tIn this Schedule—\nCommission means the Essential Services Commission established under the Essential Services Commission Act 2002;\nnew Division 3AB means Part 3 Division 3AB of the Electricity Act 1996 (as substituted by this Act);\nprescribed qualifying customer means a qualifying customer in relation to a generator where—\n\t(a)\tpermission to connect to a distribution network for the purpose of feeding‑in electricity generated by the generator as a qualifying generator in accordance with section 36AB(1)(a) of the Electricity Act 1996 (as in existence immediately before the commencement of this Act) has been obtained before 1 September 2010; and\n\t(b)\tthe generator has fed electricity into the network as a qualifying generator within 6 months after the commencement of this Act,\n(but if the generator is, on or after 1 September 2010—\n\t(c)\taltered in a manner that increases the capacity of the generator to generate electricity; or\n\t(d)\tdisconnected and moved to another site,\nthen the status of the person as a prescribed qualifying customer in relation to that generator will no longer apply under this Schedule).\n\t(2)\tTerms used in this Schedule and also in new Division 3AB have the same meanings in this Schedule as they have in new Division 3AB.\n2—Existing qualifying customers\nA prescribed qualifying customer—\n\t(a)\twill be entitled to receive the credits under new Division 3AB in respect of excluded electricity (if any) generated by a qualifying generator; and\n\t(b)\twill be taken to be a Category 1 qualifying customer under section 36AE (as enacted as part of new Division 3AB) with respect to a qualifying generator; and\n\t(c)\twill not be subject to the operation of section 36AE(2), (3), (4) and (5) (as enacted as part of new Division 3AB) with respect to a qualifying generator.\n3—Commencement of certain provision\nUntil the commencement of section 36AD as substituted by this Act, section 36AD(2) of the Electricity Act 1996, as in existence immediately before the commencement of this Act, continues to apply to electricity entities holding licences to sell electricity as retailers to qualifying customers (as if this Act had not been enacted).\n4—Initial determination of prescribed amount by Commission\n\t(1)\tThe Commission must, after the commencement of this clause, make an initial determination in relation to the credits payable by a retailer for the feeding‑in of electricity into a distribution network under section 36AD of the Electricity Act 1996 (as to be inserted into that Act as part of new Division 3AB).\n\t(2)\tDespite the amendments effected by section 6 of this Act and the provisions of the Essential Services Commission Act 2002, an initial determination—\n\t(a)\twill be made after the Commission has adopted such processes as the Commission thinks fit; and\n\t(b)\tmay be based on such principles, policies and other factors as the Commission thinks appropriate; and\n\t(c)\twill be made by the Commission by notice in the Gazette; and\n\t(d)\twill be binding on the electricity entities to which it is expressed to apply; and\n\t(e)\tmust be made within 6 months from the commencement of this clause.\n\t(3)\tAn amount determined under this clause will be taken to be an amount determined under section 35A of the Electricity Act 1996 for the purposes of the definition of prescribed amount in new Division 3AB.\nStatutes Amendment (Electricity and Gas) Act 2017\n43—Transitional provisions\n\t(1)\tAn amendment to section 22, 23 or 24A of the principal Act effected by a provision of this Act applies to a licence granted under the principal Act, or the holder of a licence under the principal Act, whether the licence was granted before or after the commencement of the relevant provision (and any existing licence is taken to be modified accordingly).\n\t(2)\tIn particular, a reference to the Commission in a condition relating to section 22(1)(c)(ii) or section 23(1)(c)(ii) of the principal Act under a licence in force immediately before the commencement of section 7 or 8 of this Act (as the case requires) will be taken, on the commencement of the relevant section, to be a reference to the Technical Regulator (but nothing in this subsection is to be taken to require a licence holder to obtain a fresh approval to an existing safety, reliability, maintenance and technical management plan).\n\t(3)\tFor the purposes of the preceding subsections, the Commission may, as it thinks fit, issue to the holder of a licence under the principal Act in force immediately before the commencement of a provision of this Act a replacement copy of the licence in order to take account of modifications effected by the provision.\n\t(4)\tIn this section—\nprincipal Act means the Electricity Act 1996.\nStatutes Amendment (SATAC No 2) Act 2017, Pt 12\n69—Transitional provisions\n\t(1)\tA right of appeal to the District Court under section 76 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the Court.\n\t(2)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\n\t(3)\tA member of the expert panel holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (and no right of action will arise against a Minister or the State on account of that termination).\n\t(4)\tIn this section—\nexpert panel means the panel established under Schedule 1A of the principal Act as in force immediately before the relevant day;\nprincipal Act means the Electricity Act 1996;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—1.1.1998\n\nReprint No 2— 5.3.1998\n\nReprint No 3—19.8.1999 \n\nReprint No 4—11.10.1999\n\nReprint No 5—25.11.1999\n\nReprint No 6—1.6.2000\n\nReprint No 7—20.7.2000\n\nReprint No 8—12.9.2002\n\nReprint No 9—1.1.2003\n\nReprint No 10—17.4.2003\n\nReprint No 11—1.7.2003\n\n25.11.2004\n\n1.7.2005\n\n1.7.2008\n\n25.6.2009 (electronic only)\n\n3.9.2009\n\n1.7.2010\n\n27.1.2012\n\n16.9.2012\n\n","sortOrder":23}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown well beyond its original post-restructuring focus on licensing and basic safety. Later insertions added solar feed-in credits (2008), NERL retailer obligations (2012), energy productivity shortfall penalties (2009, expanded 2020), undergrounding programs, public warning statements, assurance registers and detailed internal switching manuals. These changes have transformed it from a licensing statute into a comprehensive industry conduct, consumer protection, renewable integration and environmental management regime."},"complexity_factors":["47 defined terms in the s 4 interpretation section, many cross-referenced to National Electricity Rules and National Energy Retail Rules","Licence conditions differ by operation type (ss 22–24A) with nested technical, financial, insurance, audit and separation-of-business requirements","Vegetation clearance schemes (Part 5) contain four subdivisions covering negotiation, Technical Regulator dispute determination, enforcement as contracts and ongoing dispute resolution","Multiple cross-references to the Essential Services Commission Act 2002, National Electricity (South Australia) Law, National Energy Retail Law (South Australia) and regulations for fees, penalties and standards","Layered enforcement regime (warning notices, assurances, injunctions, enforcement notices, authorised officer powers and court orders) with self-incrimination exceptions and continuing offence provisions","Feed-in mechanism (Division 3AB) includes daily averaging rules, category-based price caps, sunset dates and excluded-generator tests that interact with metering codes"],"plain_english_summary":"**The Electricity Act 1996 regulates South Australia's electricity supply industry from generation through to retail sale.** It requires licences for key activities (generation, network operation, retailing and system control), sets safety and technical rules for powerlines, substations, meters and home electrical wiring, and creates powers for regulators to monitor compliance, investigate accidents and enforce standards. \n\nIt protects consumers by mandating fair pricing processes, standard contracts for small users, feed-in credits for solar exports, and an ombudsman scheme. Landowners and councils gain clear rules on vegetation clearance near powerlines, entry powers for inspections, and compensation for work on their property. The Act also shields electricity infrastructure from certain court-ordered sales and requires undergrounding programs in nominated areas. \n\nIt matters because it balances competition, reliability, bushfire prevention and environmental goals while giving the Essential Services Commission and Technical Regulator strong oversight tools. Without it, safety risks, unfair pricing and unreliable supply would rise for every household and business in the state."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for analysis due to a broken or outdated hyperlink on the SA legislation website."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions of the Act","Score of 1 reflects absence of data, not simplicity of the underlying legislation"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Electricity Act 1996 (SA)** could not be retrieved. The link provided returned a **'Page Not Found' error** from the South Australian legislation website, likely due to a website update on 24 March 2026 that broke older hyperlinks.\n\n**What we do know about this Act in general terms:**\nThe Electricity Act 1996 is a South Australian law that historically governed the electricity industry in South Australia — including the licensing of electricity generators, distributors, and retailers, consumer protections, and the regulation of the electricity network. However, without the actual legislative text, a reliable and accurate analysis cannot be provided.\n\n**What you should do:**\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for 'Electricity Act 1996'\n- Or email the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n\n> ⚖️ **No legal conclusions should be drawn from this response** — the source document was inaccessible."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally enacted in 1996 to establish a licensing regime and safety standards for South Australia's electricity supply industry, the Act has been significantly expanded through numerous amendments. Key scope changes include: introduction of feed-in tariff mechanisms for solar customers (2008, 2011), regulation of NERL retailers under national energy laws (2013), addition of energy productivity shortfall penalties (2009, 2020), creation of vegetation clearance schemes and bushfire risk areas (1997, 2017), undergrounding powerline programs (1999), and extended powers for the Technical Regulator and authorised officers. The Act now encompasses not just industry licensing but also consumer protection, environmental incentives, and complex market regulation that go well beyond its original purpose."},"complexity_factors":["Over 100 sections spanning 9 Parts with numerous subdivisions","Extensive definition section with over 50 defined terms, some cross-referencing other Acts","Heavy cross-referencing to the Essential Services Commission Act 2002, National Electricity Law, National Energy Retail Law, and their rules","Multiple layers of licensing conditions with specific requirements for generators, distributors, retailers, and system controllers","Detailed feed-in tariff provisions with category classifications, caps, and sunset dates","Complex vegetation clearance scheme dispute resolution process with technical regulator powers","Nested exceptions and exemptions (e.g., excluded generators, excluded networks)","Multiple offence provisions with graduated penalties and expiation fees","Separate enforcement divisions with warning notices, assurances, injunctions, and enforcement notices","Transitional provisions and extensive amendment history over 20+ years"],"plain_english_summary":"This South Australian law sets out the rules for the electricity industry—who can generate, transmit, distribute, and sell electricity. It requires anyone doing these activities to hold a licence from the Essential Services Commission, which can attach conditions covering safety, reliability, technical standards, customer service, and bushfire insurance. The law also appoints a Technical Regulator to oversee safety and vegetation clearing near power lines. It creates a system controller to manage the power grid in emergencies and gives electricity companies powers to enter land, inspect installations, and disconnect supply for safety. Special rules apply to small customers, including standing contracts and default prices. The law also mandates feed-in payments for rooftop solar customers, sets out how councils and electricity companies can agree on vegetation clearance, and establishes enforcement mechanisms like warning notices, injunctions, and penalties. It affects electricity companies, customers (especially small users), solar panel owners, councils, and the state's Essential Services Commission and Technical Regulator."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-act-1996","history":"/api/acts/electricity-act-1996/history","analysis":"/api/acts/electricity-act-1996/analysis","conflicts":"/api/acts/electricity-act-1996/conflicts","importantCases":"/api/acts/electricity-act-1996/important-cases","documents":"/api/acts/electricity-act-1996/documents"}}