{"id":"electricity-reform-act-2000","name":"Electricity Reform Act 2000","slug":"electricity-reform-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30038,"registerId":"nt-electricity-reform-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Electricity Reform Act 2000.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe provisions of this Act come into operation on the date, or\nrespective dates, fixed by the Administrator by notice in the\nGazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\nThe objects of this Act are:\n(a) to promote efficiency and competition in the electricity supply\nindustry;\n(b) to promote the efficient generation, transmission, distribution\nand selling of electricity;\n(c) to establish and enforce proper standards of reliability and\nquality in the electricity supply industry;\n(d) to establish and enforce proper technical standards for\nelectrical installations;\n(e) to facilitate the maintenance of a financially viable electricity\nsupply industry; and\n(f) to protect the interests of consumers of electricity.\n\nElectricity Reform Act 2000 2\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\nAER means the Australian Energy Regulator established by\nsection 44AE of the Competition and Consumer Act 2010 (Cth).\nauthorised officer means a person appointed under Part 6 as an\nauthorised officer.\ncondition includes a limitation or restriction.\nconnection agreement means a contract or agreement between a\nnetwork provider and a network user who:\n(a) is connected to the network provider's network; or\n(b) receives network services from the network provider.\nconsumer protection framework, for Part 3, Division 5A, see\nsection 44A.\ncontravention includes a failure to comply.\ncustomer means a person who receives, or wants to receive, a\nsupply of electricity for final consumption and includes:\n(a) the occupier for the time being of a place to which electricity is\nsupplied;\n(b) where the context requires – a person seeking an electricity\nsupply; and\n(c) a person of a class declared by the Regulations to be\ndedicated connection asset, see Chapter 10 of the National\nElectricity (NT) Rules (as in force from time to time).\ndesignated network asset, see Chapter 10 of the National\nElectricity (NT) Rules, as in force from time to time.\ndisconnect, an electricity supply, includes a procedure to interrupt\nor discontinue the electricity supply to a customer.\n\nElectricity Reform Act 2000 3\nelectrical installation means a set of wires and associated fittings,\nequipment and accessories installed in a place for conveying,\ncontrolling, measuring or using electricity that is, or is to be, or has\nbeen, supplied for consumption in the place, but does not include:\n(a) electricity infrastructure owned or operated by an electricity\nentity; or\n(b) any wires, fittings, equipment or accessories connected to and\nbeyond an electrical outlet at which fixed wiring terminates\n(other than a electrical outlet used to connect sections of fixed\nwiring).\nelectricity entity means a person licensed under Part 3 to carry on\noperations in the electricity supply industry and includes a person\nwho has been licensed to carry on operations in the electricity\nsupply industry under that Part whose licence has been suspended\nor cancelled or has expired.\nelectricity infrastructure means:\n(a) electricity generating plant;\n(b) powerlines;\n(c) substations for converting, transforming or controlling\nelectricity;\n(d) equipment for metering, monitoring or controlling electricity;\nand\n(e) any wires, equipment or other things (including tunnels and\ncavities) used for, or in connection with, the generation,\ntransmission, distribution or supply of electricity.\nelectricity network means the assets that together are operated\nby the network provider for the purposes of transporting electricity\nfrom generators of electricity to a transfer point with another\nnetwork or to consumers of electricity.\nelectricity officer means a person appointed under Part 4 as an\nelectricity officer.\nelectricity pricing order, see section 44(1).\nelectricity retailer means an electricity entity that holds a licence\nunder Part 3 authorising the retail selling of electricity.\n\nElectricity Reform Act 2000 4\nelectricity supply industry means the industry involved in the\ngeneration, supply and sale of electricity or other operations of a\nkind prescribed by the Regulations.\nfailed retailer means an electricity retailer in respect of which the\nUtilities Commission has determined under section 44D to appoint\nthe retailer of last resort to sell electricity to that retailer's\ngeneration, of electricity, means the operation of any kind of\nelectricity generating plant and all incidental and related operations,\nbut does not include anything declared by Regulations not to be\ngeneration of electricity.\ninsolvency event, in relation to an electricity retailer, means any of\nthe following:\n(a) an insolvency official is appointed in respect of the electricity\nretailer or any property of the electricity retailer;\n(b) an order is made by a court of competent jurisdiction for the\nwinding up or dissolution of the electricity retailer;\n(c) a resolution is passed for the winding up or dissolution of the\nelectricity retailer, in accordance with the Bankruptcy\nAct 1996 (Cth) or Corporations Act 2001 (Cth).\ninsolvency official means a receiver, a receiver and manager, an\nadministrator, a provisional liquidator, a liquidator, a trustee in\nbankruptcy or a person having a similar function.\nland includes:\n(a) an estate or interest in land (including an easement); or\n(b) a right or power over or in respect of land.\nNational Electricity (NT) Law, see section 3(1) of the National\nElectricity (Northern Territory) (National Uniform Legislation)\nNational Electricity (NT) Rules, see section 3(1) of the National\nElectricity (Northern Territory) (National Uniform Legislation)\nNational Electricity Rules means the National Electricity Rules as\ndefined in section 2(1) of the National Electricity Law set out in the\nSchedule to the National Electricity (South Australia) Act 1996 (SA).\n\nElectricity Reform Act 2000 5\nnetwork provider means a person licensed under Part 3 to\noperate an electricity network.\nnetwork services means the services provided to network users\nby a network provider.\nNetwork Technical Code means a network technical code, and\nany associated network planning criteria, made under section 37F.\nnetwork user means a person who has been granted access to the\nelectricity network by the network provider in order to transport\nelectrical energy to or from a particular point.\noccupier, of land or a place, means a person who has or is entitled\nto possession or control of the land or place.\noperations include activities.\nPower and Water Corporation means the Power and Water\nCorporation established under the Power and Water Corporation\nAct 1987.\npowerline means:\n(a) a set of cables for the transmission or distribution of electricity\nand their supporting or protective structures, conduits and\nequipment; and\n(b) associated equipment for the transmission or distribution of\nelectricity,\nbut does not include a telecommunications cable or associated\nequipment.\npower system means a system for generating and supplying\nelectricity and includes a part of the system.\nrelated body corporate means:\n(a) in respect of the Power and Water Corporation – a business\ndivision that would be a subsidiary within the meaning of the\nCorporations Act 2001 (Cth) if the Power and Water\nCorporation were a body corporate to which the Corporations\nAct 2001 (Cth) applies; or\n(b) in respect of another body corporate – a body corporate that is\nrelated to the first-mentioned body by virtue of section 50 of\nthe Corporations Act 2001 (Cth).\n\nElectricity Reform Act 2000 6\nresidential customer means a customer who purchases or wishes\nto purchase electricity for domestic purposes for use at residential\npremises.\nRetail Code means the Code made by the Utilities Commission\nunder section 44B.\nretailer of last resort means the RetailCorp as defined in section 3\nof the Power Retail Corporation Act 2014.\nretailer of last resort arrangements means arrangements to plan\nfor and respond to circumstances in which an electricity retailer\nceases to be authorised, or is otherwise ineligible, to sell electricity.\nRoLR transfer event, in relation to an electricity retailer, means\nany of the following:\n(a) the electricity retailer's licence under Part 3 is cancelled;\n(b) the electricity retailer fails to meet a requirement under the\nRetail Code to provide credit support in respect of a payment\nto:\n(i) the Power and Water Corporation; or\n(ii) an entity that provides electricity generation;\n(c) an insolvency event occurs in relation to the electricity retailer;\n(d) any other event prescribed by regulation that occurs in relation\nto the electricity retailer.\nselling, of electricity, means trading in electricity (including the\nselling of electricity to customers) but does not include an activity\nprescribed by the Regulations not to be selling of electricity.\nsupply, of electricity, means physically conveying electricity to a\ncustomer by transmission or distribution.\nSystem Control Technical Code means a system control\ntechnical code made under section 37B.\nsystem controller means a person licensed under Part 3 to\nexercise system control over a power system.\ntelecommunications means transmitting telephonic, radio,\ncomputer, television or other signals.\n\nElectricity Reform Act 2000 7\ntransfer date, in relation to the customers of a failed retailer,\nmeans the day determined by the Utilities Commission under\nsection 44D(2).\nUtilities Commission means the Utilities Commission established\nby the Utilities Commission Act 2000.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) A reference in this Act to a powerline, network, infrastructure or\nother property of an entity includes a reference to a powerline,\nnetwork, infrastructure or other property that is not owned by the\nentity but is operated by the entity.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Crown to be bound","content":"5 Crown to be bound\n(1) This Act binds the Crown.\n(2) Nothing in this Act renders the Crown in any of its capacities liable\nto be prosecuted for an offence.\n(3) Subsection (2) does not apply to an authority of the Territory\ngranted a licence under this Act.\n(4) For the purposes of this section, a reference to the Crown extends:\n(a) not only to the Crown in right of this Territory but also (so far\nas the legislative power of the Territory permits) to the Crown\nin any other capacity; and\n(b) to an instrumentality of the Crown, and to an officer or\nemployee of the Crown and any contractor or other person\nwho carries out functions on behalf of the Crown.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Utilities Commission","content":"6 Functions of Utilities Commission\nThe Utilities Commission has (in addition to the Utilities\nCommission's functions under the Utilities Commission Act 2000):\n(a) the licensing, price regulation and other functions and powers\nconferred by this Act;\n\nElectricity Reform Act 2000 8\n(b) the function of providing advice to the Minister on the\noperation of this Act; and\n(c) any other functions and powers conferred by the Regulations.\n","sortOrder":5},{"sectionNumber":"Div 1","sectionType":"division","heading":"Declaration as regulated industry","content":"Division 1 Declaration as regulated industry\n","sortOrder":6},{"sectionNumber":"13","sectionType":"section","heading":"Declaration as regulated industry","content":"13 Declaration as regulated industry\nThe electricity supply industry is declared to be a regulated industry\nfor the purposes of the Utilities Commission Act 2000.\n","sortOrder":7},{"sectionNumber":"14","sectionType":"section","heading":"Requirement for licence","content":"14 Requirement for licence\n(1) A person must not carry on operations in the electricity supply\nindustry for which a licence is required unless the person holds a\nlicence under this Part authorising the relevant operations.\n(2) Subsection (1) does not apply to a person, or to a person carrying\non an operation, exempted under section 87.\n(3) The operations in the electricity supply industry for which a licence\nis required are:\n(a) generation of electricity;\n(b) owning or operating an electricity network or a dedicated\nconnection asset;\n(c) selling electricity;\n(d) system control over a power system; or\n(e) other operations for which a licence is required by the\nRegulations.\nNote for subsection (3)\nTransitional provisions relating to dedicated connection assets in existence or\nproposed to be constructed at the time that subsection (3)(b) was amended by\nthe National Electricity (Northern Territory) (National Uniform Legislation)\nConsequential Amendment Regulations 2019 are included in Part 4, Division 4 of\nthe National Electricity (Northern Territory) (National Uniform Legislation)\n\nElectricity Reform Act 2000 9\n","sortOrder":8},{"sectionNumber":"15","sectionType":"section","heading":"Application for licence","content":"15 Application for licence\n(1) An application for a licence is to:\n(a) be made to the Utilities Commission in a form approved by the\nUtilities Commission; and\n(b) contain the information specified in the form.\n(2) The applicant must pay to the Utilities Commission an application\nfee fixed by the Minister of an amount that the Minister considers\nappropriate to meet the reasonable costs of determining the\napplication.\n(3) The Utilities Commission may, as the Utilities Commission\nconsiders appropriate, accept a single application from an applicant\nin respect of different operations of the applicant or operations of\nthe applicant at different locations or may require separate\napplications.\n(4) An applicant must give the Utilities Commission further relevant\ninformation that is requested by the Utilities Commission.\n","sortOrder":9},{"sectionNumber":"16","sectionType":"section","heading":"Consideration of application","content":"16 Consideration of application\n(1) The Utilities Commission must consider an application for a licence\nand may grant or refuse to grant the licence.\n(2) The Utilities Commission must have regard to the general factors\nspecified in section 6(2) of the Utilities Commission Act 2000 and,\nsubject to this section, may only issue a licence if satisfied that:\n(a) the applicant is a suitable person to hold the licence;\n(b) in the case of a licence authorising the generation of\nelectricity – the generating plant (or proposed generating\nplant) will have the necessary characteristics to generate\nelectricity of the appropriate quality for the relevant electricity\nnetwork;\n(c) in the case of a licence authorising the operation of an\nelectricity network – the network has (or the proposed network\nwill have) the necessary characteristics for transmitting or\ndistributing electricity reliably and safely;\n(d) in the case of a licence authorising selling of electricity – the\napplicant will be able to meet reasonably foreseeable\nobligations for the sale of electricity;\n\nElectricity Reform Act 2000 10\n(e) in the case of a licence authorising system control over a\npower system – the applicant will be able to adequately\nexercise system control functions;\n(f) in the case of a licence authorising other operations in the\nelectricity supply industry for which a licence is required under\nthe Regulations – the applicant meets any special\nrequirements imposed by the Regulations for the holding of\nthe licence; and\n(g) in the case of a licence of any class – the grant of the licence\nwould be consistent with criteria (if any) prescribed by the\nRegulations for a licence of the relevant class.\n(3) In deciding whether an applicant is a suitable person to hold a\nlicence, the Utilities Commission may consider:\n(a) the applicant's previous commercial and other dealings and\nthe standard of honesty and integrity shown in those dealings;\n(b) the financial, technical and human resources available to the\napplicant;\n(c) the officers and, if applicable, major shareholders of the\napplicant and their previous commercial and other dealings\nand the standard of honesty and integrity shown in those\ndealings (including breaches of statutory and other legal\nobligations); and\n(d) other matters prescribed by the Regulations.\n(4) If:\n(a) a person carries on or proposes to carry on operations for\nwhich a licence is required as agent of another person;\n(b) the agent makes application for the licence on the agent's own\nbehalf and on behalf of the principal; and\n(c) the Utilities Commission is satisfied that the criteria for\ngranting the licence are met in relation to the agent,\nthe Utilities Commission may dispense with the requirement that it\nbe satisfied that the criteria are met in relation to the principal and\ngrant the licence to the agent and the principal to be held by them\njointly.\n","sortOrder":10},{"sectionNumber":"17","sectionType":"section","heading":"Licences may be held jointly","content":"17 Licences may be held jointly\n(1) A licence may be held jointly by 2 or more persons.\n\nElectricity Reform Act 2000 11\n(2) If a licence is held jointly by 2 or more persons, those persons are\njointly and severally liable to meet requirements imposed under this\nAct, the licence or the Utilities Commission Act 2000.\n","sortOrder":11},{"sectionNumber":"18","sectionType":"section","heading":"Term of licence","content":"18 Term of licence\nA licence may be granted for an indefinite period or for a term\nspecified in the licence.\n","sortOrder":12},{"sectionNumber":"19","sectionType":"section","heading":"Licence fees and returns","content":"19 Licence fees and returns\n(1) A person is not entitled to be granted a licence unless the person\nfirst pays to the Utilities Commission the annual licence fee, or the\nfirst instalment of the annual licence fee, as the case may require.\n(2) The holder of a licence granted for 2 years or more must:\n(a) in each year lodge with the Utilities Commission before the\ndate prescribed for that purpose an annual return containing\nthe information required by the Utilities Commission by\ncondition of the licence or by written notice; and\n(b) in each year (other than a year in which the licence is due to\nexpire) pay to the Utilities Commission before the date\nprescribed for that purpose the annual licence fee, or the first\ninstalment of the annual licence fee, as the case may require.\n(3) The annual licence fee for a licence is the fee fixed from time to\ntime by the Minister in respect of the licence as an amount that the\nMinister considers to be a reasonable contribution towards\nadministrative costs.\n(4) An annual licence fee may, if the Utilities Commission determines,\nbe paid in instalments at intervals fixed by the Utilities Commission.\n(5) If the holder of a licence fails to lodge the annual return or pay the\nannual licence fee (or an instalment of the annual licence fee) in\naccordance with this section, the Utilities Commission may, by\nwritten notice, require the holder to make good the default and, in\naddition, to pay to the Utilities Commission the amount prescribed\nas a penalty (which is a civil penalty) for default.\n(6) An annual licence fee (including any instalment of an annual licence\nfee or any penalty for default) payable under this section is\nrecoverable as a debt due to the Territory.\n\nElectricity Reform Act 2000 12\n(7) In this section:\nadministrative costs means:\n(a) the costs of administration of this Act; and\n(b) other costs prescribed by the Regulations.\nholder, of a licence, includes the holder of a licence that has been\nsuspended.\n","sortOrder":13},{"sectionNumber":"20","sectionType":"section","heading":"Authority conferred by licence – general","content":"20 Authority conferred by licence – general\n(1) A licence authorises the electricity entity named in the licence to\ncarry on operations in the electricity supply industry in accordance\nwith the terms and conditions of the licence.\n(2) The operations authorised by a licence need not be all of the same\ncharacter or at the same location but may consist of a combination\nof different operations or operations at different locations.\n","sortOrder":14},{"sectionNumber":"21","sectionType":"section","heading":"Authority conferred by licence authorising generation of","content":"21 Authority conferred by licence authorising generation of\nelectricity\n(1) A licence authorising the generation of electricity authorises the\nelectricity entity:\n(a) to generate electricity for sale; and\n(b) to sell electricity:\n(i) if stated in the licence or otherwise authorised under this\nAct – to electricity entities holding licences authorising\nthem to generate or sell electricity; or\n(ii) as stated in the licence or otherwise authorised under\n(2) However, the licence does not relieve the electricity entity or\nanyone else from complying with laws applying to the developing,\nbuilding, operating or maintaining of generating plant.\n(3) The licence does not authorise the electricity entity to have access\nto an electricity network other than in accordance with a connection\nagreement with the electricity entity licensed to operate the\nelectricity network.\n\nElectricity Reform Act 2000 13\n","sortOrder":15},{"sectionNumber":"22","sectionType":"section","heading":"Authority conferred by licence authorising operation of","content":"22 Authority conferred by licence authorising operation of\nelectricity network\n(1) A licence authorising the operation of an electricity network\nauthorises the electricity entity:\n(a) to operate the electricity network in the geographical area\nstated in the licence; and\n(ab) to operate any dedicated connection asset specified in the\nlicence; and\n(b) if stated in the licence – to connect the electricity network to\nanother electricity network stated in the licence.\n(2) However, the licence does not relieve the electricity entity or\nanyone else from complying with laws applying to developing,\nbuilding, operating or maintaining an electricity network.\n","sortOrder":16},{"sectionNumber":"23","sectionType":"section","heading":"Authority conferred by licence authorising selling of electricity","content":"23 Authority conferred by licence authorising selling of electricity\n(1) A licence authorising the selling of electricity authorises the\nelectricity entity to do the following under the terms of the licence:\n(a) to trade in electricity;\n(b) subject to subsection (2), to retail electricity to customers.\n(2) A licence authorising the selling of electricity does not authorise an\nelectricity entity that is an electricity retailer to sell electricity to retail\ncustomers after the transfer date if a RoLR transfer event has\noccurred in relation to the electricity retailer.\n(3) A licence authorising the selling of electricity does not authorise an\nelectricity entity to have access to an electricity network other than\nin accordance with a connection agreement with the electricity\nentity licensed to operate the electricity network.\n","sortOrder":17},{"sectionNumber":"24","sectionType":"section","heading":"Licence conditions – general","content":"24 Licence conditions – general\n(1) The Utilities Commission must, on granting a licence, make the\nlicence subject to conditions determined by the Utilities\nCommission:\n(a) requiring compliance with applicable codes or rules (with\nmodifications or exemptions determined by the Utilities\nCommission) made under the Utilities Commission Act 2000\nas in force from time to time;\n\nElectricity Reform Act 2000 14\n(b) requiring compliance with protocols, standards and codes\napplying to the electricity entity under the Regulations;\n(c) relating to the electricity entity's financial or other capacity to\ncontinue operations under the licence;\n(d) requiring the electricity entity to have all or part of the\noperations authorised by the licence audited and to report the\nresults of the audit to the Utilities Commission;\n(e) requiring the electricity entity to notify the Utilities Commission\nabout changes to officers and, if applicable, major\nshareholders of the entity; and\n(f) requiring the electricity entity to comply with the requirements\nof any scheme approved and funded by the Minister for the\nperformance of community service obligations by electricity\nentities.\n(2) The Utilities Commission must, on granting a licence, make the\nlicence subject to further conditions that the Utilities Commission is\nrequired by the Regulations to impose on granting the licence.\n(3) The Utilities Commission must, on granting a licence, make the\nlicence subject to further conditions:\n(a) if 2 or more people are granted a single licence in partnership\nor as an unincorporated joint venture – relating to the carrying\non of those activities in that manner; and\n(b) requiring the electricity entity to develop and comply with\ncustomer related standards and procedures.\n(4) The Utilities Commission may, on granting a licence, make the\nlicence subject to further conditions that are considered appropriate\nby the Utilities Commission.\n(5) The Utilities Commission must provide to the Minister any\ninformation that the Minister requires in connection with the\nperformance of community service obligations relating to the\ngeneration, supply or sale of electricity.\n","sortOrder":18},{"sectionNumber":"25","sectionType":"section","heading":"Licence conditions – licence authorising generation of","content":"25 Licence conditions – licence authorising generation of\nelectricity\ngeneration of electricity, make the licence subject to conditions\ndetermined by the Utilities Commission:\n(a) requiring compliance with directions of the system controller;\n\nElectricity Reform Act 2000 15\n(b) requiring the electricity entity to provide electricity of a quality\nsuitable for the electricity network stated in the licence;\n(c) requiring the electricity entity not to do anything affecting the\ncompatibility of the entity's electricity generating plant with any\nelectricity network so as to prejudice public safety or the\nsecurity of supply; and\n(d) requiring the electricity entity:\n(i) to grant to each electricity entity holding a licence\nauthorising the operation of an electricity network rights\nto use or have access to the electricity entity's electricity\ngenerating plant that are necessary for the purpose of\nensuring the proper integrated operation of the power\nsystem and the proper carrying on of the operations\nauthorised by the entity's licence; and\n(ii) in the absence of agreement as to the terms on which\nthose rights are to be granted – to comply with any\ndetermination of the Utilities Commission as to those\nterms.\nterms or conditions of a licence authorising the generation of\nelectricity.\n","sortOrder":19},{"sectionNumber":"26","sectionType":"section","heading":"Licence conditions – licence authorising operation of an","content":"26 Licence conditions – licence authorising operation of an\nelectricity network\noperation of an electricity network, make the licence subject to any\nof the following conditions determined by the Utilities Commission:\n(a) requiring compliance with directions of the system controller;\n(b) requiring the electricity entity not to do anything affecting the\ncompatibility of the entity's electricity network with any\nelectricity generating plant or other electricity network so as to\nprejudice public safety or the security of supply;\n(c) requiring compliance with Chapter 5 of the National Electricity\nRules, section 38 and specified provisions of the regulations;\n(d) requiring the electricity entity not to buy or sell electricity\ndirectly or indirectly except if it is:\n(i) necessary to operate the entity's electricity network or\nfor a purpose associated with planning, designing,\nconstructing, maintaining or operating the network; or\n\nElectricity Reform Act 2000 16\n(ii) for the electricity entity's administrative purposes; or\n(iii) for a purpose specified in the conditions;\n(e) requiring the electricity entity to operate, maintain (including\nrepair and replace if necessary) and protect its electricity\nnetwork;\n(f) requiring the electricity entity to operate the electricity network\nin coordination with other electricity networks to which it is\nconnected directly or indirectly;\n(g) requiring the electricity entity to maintain specified accounting\nrecords and to prepare accounts according to specified\nprinciples;\n(h) if the electricity entity is a related body corporate in relation to\nan electricity entity granted a licence authorising the\ngeneration or selling of electricity – requiring the business of\noperating the electricity network authorised by the licence to\nbe kept separate from any other business of the electricity\nentity or any other person in the manner and to the extent\nspecified in the conditions;\n(j) requiring the electricity entity:\n(i) to grant to each electricity entity holding a licence\nauthorising the generation of electricity rights to use or\nhave physical access to the entity's electricity network\nthat are necessary for the purpose of ensuring the\nproper integrated operation of the power system and the\nproper carrying on of the operations authorised by the\nentity's licence; and\n(ii) in the absence of agreement as to the terms on which\nthose rights are to be granted – to comply with any\ndetermination of the Utilities Commission as to those\nterms;\n(k) requiring a specified process to be followed to resolve\ndisputes between the electricity entity and customers as to the\ntransmission and distribution of electricity;\n(m) requiring the electricity entity to be responsible for network\ncontrol of its electricity network.\n(2) A condition of an electricity entity's licence imposed under\nsubsection (1) is not to be taken to require the granting to other\nelectricity entities of rights to use or have access to the entity's\nelectricity network for the support or use of electricity infrastructure\n\nElectricity Reform Act 2000 17\nof the other entities other than in accordance with a connection\nagreement.\n(3) This section does not limit the matters that may be dealt with by\nterms or conditions of a licence authorising the operation of an\nelectricity network.\n","sortOrder":20},{"sectionNumber":"27","sectionType":"section","heading":"Limitation on obligation to connect and distribute","content":"27 Limitation on obligation to connect and distribute\n(1) Despite anything in this Act, an electricity entity does not have an\nobligation to connect or supply electricity to a customer's electrical\ninstallation or premises, and is not in breach of a connection\nagreement to do so, if:\n(a) the connection or supply is, or needs to be, interrupted:\n(i) in an emergency; or\n(ii) for work that needs to be performed without delay to\nprevent an emergency happening; or\n(iii) by circumstances beyond the electricity entity's control;\nor\n(iv) for work – if it is reasonable to do the work when it is\nrequired to be done and reasonable notice is given to\nthe customer and supply is restored as soon as\npracticable; or\n(b) the connection or distribution would breach technical\nrequirements under this Act or the Electrical Safety Act 2022;\nor\n(c) the connection or distribution would unreasonably interfere\nwith the connection or distribution of electricity by the\nelectricity entity to other customers, except where the\ncustomer pays an amount to the entity for works necessary to\nprevent the connection or distribution from unreasonably\ninterfering with the connection or distribution of electricity by\nthe entity to other customers and the entity has given the\ncustomer an opportunity to pay the amount; or\n(d) a network provider is entitled, under its connection\nagreements with network users or under the Regulations, to\ndisconnect supply to the customer; or\n(e) after disconnecting supply to something that was unsafe – the\nthing is still unsafe; or\n\nElectricity Reform Act 2000 18\n(f) the connection or distribution is likely to create an electrical\nrisk under the Electrical Safety Act 2022; or\n(g) this Act otherwise authorises refusal to connect or distribute\n(or reconnect or redistribute); or\n(h) the Regulations provide that the obligation to connect or\ndistribute (or reconnect or redistribute) does not apply.\n(2) An electricity entity operating an electricity network is entitled to\ndisconnect and refuse to connect or reconnect supply of electricity\nto electrical installations or premises of a customer:\n(a) if the customer fails to pay an amount owing to the electricity\nentity retailing electricity to the customer or breaches the\ncustomer's agreement with that electricity entity and the\nelectricity entity requests the electricity entity operating the\nelectricity network to disconnect or refuse to connect or\nreconnect the customer; or\n(b) if an electricity entity retailing electricity to the customer fails to\npay an amount owing to the electricity entity operating the\nelectricity network or breaches its connection agreement with\nthe electricity entity operating the electricity network.\n","sortOrder":21},{"sectionNumber":"28","sectionType":"section","heading":"Licence conditions – licence authorising selling of electricity","content":"28 Licence conditions – licence authorising selling of electricity\nselling of electricity, make the licence subject to conditions\ndetermined by the Utilities Commission as follows:\n(a) if the licence authorises the selling of electricity to customers\nand the electricity entity is a related body corporate in relation\nto an electricity entity that holds a licence authorising the\ngeneration of electricity – requiring the business of selling of\nelectricity authorised by the licence to be kept separate from\nthe other business in the manner and to the extent specified in\nthe conditions;\n(b) requiring the electricity entity to take reasonable steps to\nensure it has in place at all times arrangements to supply\nelectricity to customers.\nterms or conditions of a licence authorising the selling of electricity.\n\nElectricity Reform Act 2000 19\n","sortOrder":22},{"sectionNumber":"30","sectionType":"section","heading":"Licence conditions – licence authorising system control","content":"30 Licence conditions – licence authorising system control\n(1) The Utilities Commission may, on granting a licence authorising\nsystem control over a power system, make the licence subject to\nconditions determined by the Utilities Commission:\n(a) if the electricity entity is a related body corporate in relation to\nan electricity entity granted a licence authorising the\ngeneration of electricity – requiring the business of system\ncontrol authorised by the licence to be kept separate from the\nbusiness of generating electricity to the extent specified in the\nconditions;\n(b) requiring the electricity entity to maintain specified accounting\nrecords and to prepare accounts according to specified\nprinciples;\n(c) requiring the functions and powers of the system controller to\nbe exercised in the best interests of all parties operating in the\npower system; and\n(d) requiring the system controller to consult with all electricity\nentities involved in the operation of the power system when\nestablishing and varying the operating protocols and\narrangements for dispatch and system security.\nterms or conditions of a licence authorising system control over a\npower system.\n","sortOrder":23},{"sectionNumber":"31","sectionType":"section","heading":"Offence to contravene licence conditions","content":"31 Offence to contravene licence conditions\n(1) An electricity entity must not contravene a condition of its licence.\n(2) If an electricity entity profits from contravention of a condition of its\nlicence, the Utilities Commission may recover an amount equal to\nthe profit from the entity:\n(a) on application to a court on it finding the entity guilty of an\n\nElectricity Reform Act 2000 20\n","sortOrder":24},{"sectionNumber":"32","sectionType":"section","heading":"Variation of licence","content":"32 Variation of licence\n(1) The Utilities Commission may vary the terms or conditions of an\nelectricity entity's licence as the Utilities Commission considers\nappropriate (but not so as to remove a condition that the Utilities\nCommission is required by this Act to impose on the licence).\n(2) A variation may only be made:\n(a) on application by the electricity entity or with the electricity\nentity's agreement; or\n(b) after giving the electricity entity reasonable notice of the\nproposed variation and allowing the entity a reasonable\nopportunity to make representations about the proposed\nvariation.\n(3) A variation may only be made if the Utilities Commission considers\nit necessary to further the objects of this Act.\n(4) A variation cannot override the procedure for amending a code that\napplies to the licence as a condition of the licence.\n","sortOrder":25},{"sectionNumber":"33","sectionType":"section","heading":"Transfer of licence","content":"33 Transfer of licence\n(1) A licence may only be transferred with the Utilities Commission's\nagreement.\n(2) The Utilities Commission may impose conditions on the transfer of\na licence, or vary the terms and conditions of the licence on its\ntransfer.\n(3) The Utilities Commission must not agree to the transfer of a licence\nif the transferee would not be entitled to be granted the licence.\n(4) An application for agreement to the transfer of a licence is to:\n(a) be made by the transferor with the consent of the transferee to\nthe Utilities Commission in a form approved by the Utilities\nCommission; and\n(b) contain the information specified in the form.\n(5) The applicant must pay to the Utilities Commission an application\nfee fixed by the Minister of an amount that the Minister considers\nappropriate to meet the reasonable costs of determining the\napplication.\n(6) The applicant must give the Utilities Commission further relevant\ninformation requested by the Utilities Commission.\n\nElectricity Reform Act 2000 21\n","sortOrder":26},{"sectionNumber":"34","sectionType":"section","heading":"Notice of licence decisions","content":"34 Notice of licence decisions\n(1) The Utilities Commission must give an applicant for a licence, or for\nagreement to the transfer of a licence, written notice of the Utilities\nCommission's decision on the application.\n(2) The Utilities Commission must give an electricity entity written\nnotice of any decision by the Utilities Commission affecting the\nterms or conditions of its licence.\n","sortOrder":27},{"sectionNumber":"35","sectionType":"section","heading":"Surrender of licence","content":"35 Surrender of licence\n(1) An electricity entity may surrender its licence by written notice given\nto the Utilities Commission.\n(2) The notice must be given to the Utilities Commission at least\n6 months before the surrender is to take effect or, if the licence\nrequires a longer period of notice, as required by the licence.\n(3) The Utilities Commission may, by agreement with the electricity\nentity, shorten the required period of notice.\n","sortOrder":28},{"sectionNumber":"36","sectionType":"section","heading":"Suspension or cancellation of licence","content":"36 Suspension or cancellation of licence\n(1) The Utilities Commission may suspend or cancel a licence with\neffect from a specified date if satisfied that:\n(a) the electricity entity obtained its licence improperly; or\n(b) the electricity entity has been guilty of a material contravention\nof a condition of its licence or any other requirement imposed\nby or under this Act or any other Act in connection with the\noperations authorised by its licence; or\n(c) the electricity entity has ceased to carry on operations\nauthorised by its licence; or\n(d) there has been any act or default or change of circumstances\nsuch that the electricity entity would no longer be entitled to be\ngranted its licence; or\n(e) in respect of an electricity entity that is an electricity retailer –\nan insolvency event has occurred.\n(2) The suspension of a licence may be for a specified period, or until\nthe fulfilment of specified conditions, or until further order of the\nUtilities Commission.\n\nElectricity Reform Act 2000 22\n(3) Before the Utilities Commission acts under this section, the Utilities\nCommission must:\n(a) notify the electricity entity in writing of the proposed action\nspecifying the reasons for the proposed action; and\n(b) allow the electricity entity at least 14 days within which to\nmake submissions to the Utilities Commission in relation to the\nproposed action.\n","sortOrder":29},{"sectionNumber":"37","sectionType":"section","heading":"Register of licences","content":"37 Register of licences\n(1) The Utilities Commission must keep a register of the licences\ngranted to electricity entities under this Act.\n(2) The register is to include:\n(a) the terms and conditions of each licence; and\n(b) other information required by the Regulations.\n(3) A person may, without paying a fee, inspect the register.\n","sortOrder":30},{"sectionNumber":"37A","sectionType":"section","heading":"Licence not personal property","content":"37A Licence not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), a licence is not personal property for that Act.\nNote for section 37A\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n","sortOrder":31},{"sectionNumber":"37B","sectionType":"section","heading":"System Control Technical Code","content":"37B System Control Technical Code\n(1) The following persons may make or amend a System Control\nTechnical Code for a power system:\n(a) the system controller;\n(b) the Minister;\n(c) any other person prescribed by regulation.\n(2) A System Control Technical Code, or an amendment to a System\nControl Technical Code, made by the system controller under\nsubsection (1)(a) must be approved by the Utilities Commission.\n\nElectricity Reform Act 2000 23\n(3) Notice of the making of a System Control Technical Code, or an\namendment to a System Control Technical Code, made by the\nMinister under subsection (1)(b) must be published in the Gazette.\n(4) A person prescribed by regulation who makes or amends a System\nControl Technical Code under subsection 1(c) must comply with\nany requirements prescribed by regulation.\n","sortOrder":32},{"sectionNumber":"37C","sectionType":"section","heading":"Minister may direct system controller","content":"37C Minister may direct system controller\nThe Minister may direct the system controller to do either of the\n(a) prepare a System Control Technical Code or an amendment\nto a System Control Technical Code;\n(b) provide advice to the Minister in relation to a System Control\nTechnical Code.\n","sortOrder":33},{"sectionNumber":"37D","sectionType":"section","heading":"Distribution of System Control Technical Code","content":"37D Distribution of System Control Technical Code\nAs soon as practicable after a System Control Technical Code is\nmade or amended, a copy of the Code or amendment to the Code\nmust be given to the following persons:\n(a) the Utilities Commission;\n(b) the AER;\n(c) if the Code is made or amended by a person other than the\nsystem controller – the system controller;\n(d) if the Code is made or amended by a person other than the\nMinister – the Minister;\n(e) if the Code is made or amended by a person other than a\nperson prescribed by regulation – any other person prescribed\nby regulation.\n","sortOrder":34},{"sectionNumber":"37E","sectionType":"section","heading":"Publication of System Control Technical Code","content":"37E Publication of System Control Technical Code\nThe system controller must:\n(a) publish a System Control Technical Code, as in force from\ntime to time, on the system controller's website; and\n(b) make copies of the Code, as in force from time to time,\navailable to the public for inspection.\n\nElectricity Reform Act 2000 24\n","sortOrder":35},{"sectionNumber":"37F","sectionType":"section","heading":"Network Technical Code","content":"37F Network Technical Code\n(1) The following people may make or amend a Network Technical\nCode for an electricity network:\n(a) the network provider;\n(b) the Minister;\n(c) any other person prescribed by regulation.\n(2) A Network Technical Code, or an amendment to a Network\nTechnical Code, made by the network provider under\nsubsection (1)(a) must be approved by the Utilities Commission.\n(3) Notice of the making of a Network Technical Code, or an\namendment to a Network Technical Code, made by the Minister\nunder subsection (1)(b) must be published in the Gazette.\n(4) A person prescribed by regulation who makes or amends a\nNetwork Technical Code under subsection 1(c) must comply with\nany requirements prescribed by regulation.\n","sortOrder":36},{"sectionNumber":"37G","sectionType":"section","heading":"Minister may direct network provider","content":"37G Minister may direct network provider\nThe Minister may direct the network provider to do either of the\n(a) prepare a Network Technical Code or an amendment to a\nNetwork Technical Code;\n(b) provide advice to the Minister in relation to a Network\nTechnical Code.\n","sortOrder":37},{"sectionNumber":"37H","sectionType":"section","heading":"Distribution of Network Technical Code","content":"37H Distribution of Network Technical Code\nAs soon as practicable after a Network Technical Code is made or\namended, a copy of the Code or amendment to the Code must be\ngiven to:\n(a) the Utilities Commission;\n(b) the AER;\n(c) if the Code is made or amended by a person other than the\nnetwork provider – the network provider;\n(d) if the Code is made or amended by a person other than the\nMinister – the Minister;\n\nElectricity Reform Act 2000 25\n(e) if the Code is made or amended by a person other than a\nperson prescribed by regulation – any other person prescribed\nby regulation.\n","sortOrder":38},{"sectionNumber":"37J","sectionType":"section","heading":"Publication of Network Technical Code","content":"37J Publication of Network Technical Code\nThe network provider must:\n(a) publish a Network Technical Code, as in force from time to\ntime, on the network provider's website; and\n(b) make copies of the Code, as in force from time to time,\navailable to the public for inspection.\n","sortOrder":39},{"sectionNumber":"37K","sectionType":"section","heading":"Sections repealed","content":"37K Sections repealed\n(1) Five years after the commencement of this Division, the following\nsections are repealed:\n(a) section 37B(1)(b) and (3);\n(b) section 37C;\n(c) section 37D(d);\n(d) section 37F(1)(b) and (3);\n(e) section 37G;\n(f) section 37H(d).\n(2) Five years after the commencement of this Division, the following\nregulations of the Electricity Reform (Administration)\nRegulations 2000 are repealed:\n(a) regulation 5A(3A);\n(b) regulation 25(7).\n(3) Any System Control Technical Code or Network Technical Code\nmade or amended by the Minister that is in force immediately\nbefore the repeal of the provisions mentioned in subsections (1)\nand (2) remains in force after the repeal of those provisions.\n(4) Nothing in this section prevents a system controller or a person\nprescribed by regulation from amending under section 37B a\nSystem Control Technical Code that was previously made or\namended by the Minister.\n\nElectricity Reform Act 2000 26\n(5) Nothing in this section prevents a network provider or a person\nprescribed by regulation from amending under section 37F a\nNetwork Technical Code that was previously made or amended by\nthe Minister.\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Functions and powers of system controller","content":"38 Functions and powers of system controller\n(1) A system controller for a power system has the function of\nmonitoring and controlling the operation of the power system with a\nview to ensuring that the system operates reliably, safely and\nsecurely .\n(1A) The function mention in subsection (1) must be carried out in\naccordance with any System Control Technical Code in force under\n(2) A system controller for a power system has, in carrying out the\nsystem controller's functions under this Act:\n(a) power to issue directions to electricity entities that are\nengaged in the operation of the power system, or contribute\nelectricity to, or take electricity from, the power system; and\n(b) the other powers conferred by the Regulations.\n(3) Without limiting subsection (2)(a), the directions may include\ndirections:\n(a) to switch off or re-route a generator;\n(b) to call equipment into service;\n(c) to take equipment out of service;\n(d) to commence operation or maintain, increase or reduce active\nor reactive power output;\n(e) to shut down or vary operation; and\n(f) to shed or restore customer loads.\n(4) If an electricity entity refuses or fails to comply with a direction of a\nsystem controller, the system controller may:\n(a) authorise a person to take the action required by the direction\nor to cause the action to be taken; and\n\nElectricity Reform Act 2000 27\n(b) give the electricity entity any directions the system controller\nconsiders necessary to facilitate the taking of the action.\n(5) Costs and expenses incurred in taking action or causing action to\nbe taken under subsection (4) are recoverable from the electricity\nentity by the system controller as a debt in a court of competent\njurisdiction.\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Remuneration of system controller","content":"39 Remuneration of system controller\n(1) A system controller is entitled to impose and recover charges\nrelating to the operations of system control.\n(2) The schedule of charges to be applied for the purpose of\nsubsection (1) is to be approved by the Utilities Commission.\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Obligation to preserve confidentiality","content":"40 Obligation to preserve confidentiality\n(1) A system controller must preserve the confidentiality of information\nthat:\n(a) could affect the competitive position of an electricity entity or\nother person; or\n(b) is commercially sensitive for some other reason.\n(2) Information referred to in subsection (1) may be disclosed if:\n(a) the disclosure is made to another person who is also\nperforming a function under this Act; or\n(ab) the disclosure is made to the AER under the National\nElectricity (NT) Law; or\n(b) the disclosure is made with the consent of the person who\ngave the information or to whom the information relates; or\n(c) the disclosure is authorised or required under any Act or law;\nor\n(d) the disclosure is authorised or required by a court or tribunal\nconstituted by law; or\n(e) the disclosure is authorised by regulations.\n(3) If a person when giving information to the system controller claims\nthat the information is information referred to in subsection (1), the\nsystem controller must, before disclosing the information, give the\nperson written notice of the proposed disclosure and the reasons\nfor the disclosure.\n\nDivision 4 Utilities Commission's powers to take over operations\nElectricity Reform Act 2000 28\nDivision 4 Utilities Commission's powers to take over\noperations\n41 Power to take over operations\n(1) The Utilities Commission may request the Minister to make a\ndetermination under this section authorising it to take over all or\npart of an electricity entity's operations if:\n(a) the electricity entity contravenes a condition of its licence; or\n(b) the electricity entity's licence expires, is suspended or is\ncancelled; or\n(c) the electricity entity commits an offence against the Electrical\nSafety Act 2022.\n(2) Before requesting a determination, the Utilities Commission must\ngive the electricity entity a reasonable opportunity to show cause\nwhy the action should not be taken.\n(3) The Minister may make a determination under this section if\nsatisfied that it is necessary to ensure an adequate, reliable and\nsecure generation, supply or sale of electricity to customers.\n(4) A determination under this section:\n(a) authorises the Utilities Commission to take over the electricity\nentity's operations or a specified part of the electricity entity's\noperations; and\n(b) may contain ancillary directions, including directions about\nhow the costs of carrying on the operations and revenue\ngenerated from the operations are to be dealt with.\n(5) A direction under subsection (4)(b) operates despite any rights\ninconsistent with it.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Appointment of operator","content":"42 Appointment of operator\n(1) When a determination is made under this Part, the Utilities\nCommission must appoint a suitable person (who may, but need\nnot, be an electricity entity) to take over and carry on the relevant\noperations on terms and conditions agreed with the Utilities\nCommission.\n(2) A person appointed to take over an electricity entity's operations is\nreferred to in this section as the operator.\n\nElectricity Reform Act 2000 29\n(3) The electricity entity must facilitate the take over of the relevant\noperations by the operator.\n(4) The operator may have access to the electricity infrastructure and\nother property of the electricity entity for the purposes of carrying on\nthe relevant operations.\n(5) The operator in carrying out the relevant operations must comply\nwith this Act (including the conditions of the licence) and any other\nAct as applying to the electricity entity as if the operator were the\nelectricity entity.\n(6) A person must not obstruct the operator's access to property or the\nexercise by the operator of the operator's responsibilities under this\nPart.\n(7) A person must comply with reasonable directions given by the\noperator in the exercise of the operator's responsibilities under this\nPart.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Price regulation by determination of Utilities Commission","content":"43 Price regulation by determination of Utilities Commission\nThe Utilities Commission may make a determination regulating\nprices and conditions relating to prices for:\n(a) subject to an electricity pricing order – the sale and supply of\nelectricity to customers of a prescribed class; and\n(c) other goods and services in the electricity supply industry\n(other than network services provided to customers or to\nelectricity entities) specified by the Minister by Gazette notice.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Electricity pricing order by Minister","content":"44 Electricity pricing order by Minister\n(1) The Minister may issue an order (an electricity pricing order)\nregulating prices for the sale of electricity to customers of a class\nprescribed by regulation.\n(2) An electricity pricing order may regulate prices in any manner the\nMinister considers appropriate including:\n(a) fixing a price or the rate of increase or decrease in a price;\n\nElectricity Reform Act 2000 30\n(b) fixing a maximum price or maximum rate of increase or\nminimum rate of decrease in a maximum price;\n(c) fixing an average price for specified goods or services or an\naverage rate of increase or decrease in an average price;\n(d) specifying an amount determined by reference to a general\nprice index, the cost of production, a rate of return on assets\nemployed or any other specified factor;\n(e) specifying an amount determined by reference to quantity,\nlocation, period or other specified factor relevant to the sale of\nspecified goods or services;\n(f) specifying pricing policies or principles; and\n(g) fixing a maximum revenue, or maximum rate of increase or\nminimum rate of decrease in maximum revenue, in relation to\nspecified goods or services.\n(3) An electricity pricing order may provide that a calculation is to be\nperformed, or a matter is to be determined, by the Utilities\nCommission in a manner specified by the order.\n(3A) An electricity pricing order may:\n(a) determine specific prices for the purposes of retailer of last\nresort arrangements; or\n(b) require a retailer of last resort to submit its proposed tariffs to\nthe Utilities Commission for approval in accordance with a\ncalculation or manner of determination specified in\naccordance with subsection (3).\n(4) An electricity pricing order may also regulate the terms and\nconditions (including the conditions relating to performance\nstandards) on which the relevant electricity, goods and services are\nto be provided.\n(5) A determination of the Utilities Commission for the purposes of an\nelectricity pricing order will not, except as provided in the order, be\ntaken to be a determination for the purposes of the Utilities\nCommission Act 2000.\n(6) An electricity pricing order may require an electricity entity to\nprovide information to the Utilities Commission, other electricity\nentities, customers or others, or generally publish information,\nrelating to prices or other matters.\n\nElectricity Reform Act 2000 31\n(7) An electricity pricing order:\n(a) takes effect on a date specified in the order; and\n(b) remains in force for not longer than the prescribed period.\n(7A) The date specified, under subsection (7)(a), in an electricity pricing\norder may be a date earlier than the date the order is made if the\norder has the effect of regulating prices in a manner that does not\nincrease a price from the order previously in force.\n(8) Notice of the making of an electricity pricing order must be\npublished:\n(a) in the Gazette; and\n(b) in a newspaper circulating generally in the Territory.\n(9) The notice must include a brief description of the nature and effect\nof the electricity pricing order and state how a copy of the order\nmay be inspected or purchased.\n(10) The Minister must:\n(a) send a copy of an electricity pricing order to each electricity\nentity to which the order applies; and\n(b) ensure that copies of the order are available for inspection and\npurchase by members of the public.\n(11) An electricity entity must comply with an electricity pricing order or\npart of an electricity pricing order that applies to the entity.\n(12) The Utilities Commission must:\n(a) perform any functions that an electricity pricing order\ncontemplates will be performed by the Utilities Commission for\nthe purposes of the order; and\n(b) enforce an electricity pricing order under section 23 of the\nUtilities Commission Act 2000 in the same way as if it were a\ndetermination of the Utilities Commission under that Act.\n(13) The Utilities Commission's powers under this Division and the\nUtilities Commission Act are restricted to the extent specified in an\nelectricity pricing order.\n(14) In this section:\nprescribed period means 5 years or, in respect of the first\nelectricity pricing order issued, 3 years.\n\nElectricity Reform Act 2000 32\nprice includes a price range.\n","sortOrder":46},{"sectionNumber":"44A","sectionType":"section","heading":"Definition","content":"44A Definition\nIn this Division:\nconsumer protection framework means the framework referred\nto in section 44B(3).\n","sortOrder":47},{"sectionNumber":"44B","sectionType":"section","heading":"Making and application of Retail Code","content":"44B Making and application of Retail Code\n(1) The Utilities Commission may make a code relating to:\n(a) arrangements to support the operation of retail competition in\nthe electricity supply industry; and\n(b) arrangements between electricity entities and customers.\nNote for subsection (1)\nSee section 24 of the Utilities Commission Act 2000.\n(2) Without limiting subsection (1), the code may make provision for\nany of the following:\n(a) retailer of last resort arrangements;\n(b) a consumer protection framework;\n(c) any other matter prescribed by regulation.\n(3) For subsection (2)(b), if the code includes a consumer protection\nframework, it must include measures to regulate electricity entities\nthat own or operate an electricity network or sell electricity, to\nprotect the interests of customers, including in relation to the\n(a) continuity of supply;\n(b) the needs of particular types of retail customers;\n(c) disputes.\nNote for subsection (3)\nSee section 4(1), definition electricity entity, which includes a person whose\nlicence has been suspended or cancelled or has expired.\n(4) An electricity entity must, as a condition of its licence, comply with\nthe code.\n\nElectricity Reform Act 2000 33\n(5) The code may contain provisions that apply to a former electricity\nretailer whose licence under this Part has been suspended or\ncancelled or has expired.\n(6) A former electricity retailer must comply with any provision of the\ncode that applies under subsection (5), despite its licence under\nthis Part being suspended or cancelled or expiring.\n","sortOrder":48},{"sectionNumber":"44C","sectionType":"section","heading":"Matters to be regarded in making or administering Retail Code","content":"44C Matters to be regarded in making or administering Retail Code\nIn making, varying or revoking the Retail Code, or in performing\nfunctions under the Retail Code that relate to the protection of\nresidential customers or the continuity of supply, the Utilities\nCommission must have regard to the following matters:\n(a) that the supply of electricity is an essential service for\nresidential customers, so that if an electricity retailer fails, the\nfollowing principles apply:\n(i) safeguards should be put in place to protect continuity of\nsupply;\n(ii) customers affected by the failure require adequate\ninformation;\n(iii) other measures should be put in place to mitigate the\nimpact of the failure on customers and electricity entities\nas far as possible;\n(iv) any other principles prescribed by regulation;\n(b) that disconnection of the premises of a residential customer\nfacing financial hardship or domestic or family violence should\nbe a last resort option;\n(c) that complaints handling and dispute resolution mechanisms\nshould be readily accessible to residential customers;\n(d) any other matters prescribed by regulation.\n","sortOrder":49},{"sectionNumber":"44D","sectionType":"section","heading":"Appointment of retailer of last resort as replacement retailer","content":"44D Appointment of retailer of last resort as replacement retailer\n(1) If a RoLR transfer event occurs in relation to an electricity retailer,\nthe Utilities Commission may appoint the retailer of last resort to\nsell electricity to customers of the failed retailer.\n\nElectricity Reform Act 2000 34\n(2) If the Utilities Commission makes an appointment under\nsubsection (1) it must:\n(a) determine the day on which customers of the failed retailer are\nto transfer to the retailer of last resort in accordance with the\nRetail Code; and\n(b) give notice of the appointment to the failed retailer and the\nretailer of last resort; and\n(c) publish notice of the appointment on its website.\n(3) Subject to subsection (4), the day determined under subsection (2)\nmay be a day that is earlier than the day on which the determination\nis made, but must not be earlier than the day on which the RoLR\ntransfer event occurred.\n(4) If the RoLR transfer event is the cancellation of a licence, the day\ndetermined under subsection (2) must be the day on which the\ncancellation took effect.\n","sortOrder":50},{"sectionNumber":"44E","sectionType":"section","heading":"Effect of appointment of retailer of last resort on existing","content":"44E Effect of appointment of retailer of last resort on existing\ncontracts and other rights and liabilities\n(1) Each person who was a customer of a failed retailer immediately\nbefore the transfer date:\n(a) ceases to be a customer of the failed retailer on that date; and\n(b) becomes a customer of the retailer of last resort immediately\nafter so ceasing to be a customer of the failed retailer.\n(2) Commencing on the transfer date, the retailer of last resort\nassumes the functions and powers of the failed retailer:\n(a) under this Act; and\n(b) under the failed retailer's licence; and\n(c) under the Retail Code; and\n(d) in accordance with any matters prescribed by regulation.\n(3) The retailer of last resort assumes no financial or other liabilities of\nthe failed retailer that arise before the transfer date.\n(4) The contract for the sale of electricity between a failed retailer and\neach person who was a customer of the failed retailer immediately\nbefore the transfer date is terminated on the transfer date.\n\nElectricity Reform Act 2000 35\n(5) Termination of a contract under this section does not affect any\nrights or obligations that have already accrued under the contract,\nbut no early termination charge is payable to the failed retailer if a\ncontract is terminated under this section.\n","sortOrder":51},{"sectionNumber":"44F","sectionType":"section","heading":"Contractual arrangements for sale of electricity to transferred","content":"44F Contractual arrangements for sale of electricity to transferred\ncustomers\nFor a person who becomes a customer of the retailer of last resort\nunder this Division:\n(a) a contract for the sale of electricity is taken to be in place\nbetween the retailer of last resort and the customer, with effect\non and from the transfer date; and\n(b) the tariffs payable under the contract are the prices approved\nby or under an electricity pricing order; and\n(c) other terms and conditions of the contract are the terms and\nconditions approved by the Utilities Commission in\naccordance with the regulations (if any).\n","sortOrder":52},{"sectionNumber":"44G","sectionType":"section","heading":"Cost recovery","content":"44G Cost recovery\n(1) The Utilities Commission may determine a scheme for the recovery\nof costs incurred by the retailer of last resort arising from its\nappointment under section 44D.\n(2) A cost recovery scheme determined under subsection (1):\n(a) may require the network provider to reimburse the costs of the\nretailer of last resort; and\n(b) must only allow recovery of costs to the extent they are not\notherwise recovered through tariffs and charges the retailer of\nlast resort receives from supplying electricity to transferred\nNote for subsection (2)\nSee also Chapter 6 of the National Electricity (NT) Rules.\n(3) The retailer of last resort cannot recover costs incurred in relation to\nits appointment under section 44D except in accordance with the\nscheme determined under subsection (1).\n\nElectricity Reform Act 2000 36\n(4) The regulations may require the retailer of last resort to pay the\ncosts incurred by an insolvency official of a failed retailer in\ncomplying with its obligations under this Division, including to pay\nfor any compensation required by a regulation prescribed under\nsection 44J.\n(5) An amount paid in accordance with a requirement of the regulations\nmay be recoverable under the scheme determined under\nsubsection (1).\n","sortOrder":53},{"sectionNumber":"44H","sectionType":"section","heading":"Information requirements","content":"44H Information requirements\n(1) If the Utilities Commission makes an appointment under\nsection 44D(1), the failed retailer or its insolvency official must, if\ndirected by the Utilities Commission, provide the information\nprescribed by regulation to the retailer of last resort.\n(2) The Utilities Commission may direct an electricity retailer or the\ninsolvency official of a failed retailer to give the Utilities Commission\nany information reasonably required and specified by written notice,\nin accordance with any requirements prescribed by regulation, if\nany of the following apply to the retailer:\n(a) the Utilities Commission has given the electricity retailer a\nnotice under section 36(3)(a);\n(b) the Utilities Commission has reason to believe that there is a\nrisk of a RoLR transfer event occurring in relation to the\nelectricity retailer;\n(c) a RoLR transfer event has occurred in relation to the electricity\nretailer, whether or not the Utilities Commission has made an\nappointment under section 44D(1);\n(d) the electricity retailer's licence has been suspended.\n(3) An electricity retailer or its insolvency official that is given a direction\nunder subsection (2) must comply with the direction.\n(4) The Utilities Commission may disclose information received under\nsubsection (2) to the retailer of last resort.\n(5) Information prescribed by regulation under subsection (1) or (2)\nmay include confidential or personal information, but must not\ninclude information protected by client legal privilege or the privilege\nagainst self-incrimination.\n\nElectricity Reform Act 2000 37\n(6) Disclosure and use of personal information under this section is\nauthorised for the purposes of the Information Act 2002 and the\nPrivacy Act 1988 (Cth).\n","sortOrder":54},{"sectionNumber":"44J","sectionType":"section","heading":"Vesting of rights and other matters","content":"44J Vesting of rights and other matters\nThe regulations may provide for any of the following in connection\nwith an appointment under section 44D(1):\n(a) for the purpose of continuity of electricity supply for customers:\n(i) the vesting of assets, rights and interests of a failed\nretailer in a person; and\n(ii) the conferral of powers and duties;\n(b) the discharge or assignment of liabilities;\n(c) the disposal of property;\n(d) any other matter that is necessary or convenient to deal with\nthe consequences of the appointment or the matters referred\nto in paragraphs (a) to (c), including the payment of\ncompensation for or in relation to those matters.\n","sortOrder":55},{"sectionNumber":"44K","sectionType":"section","heading":"Corporations Act 2001 (Cth) displacement","content":"44K Corporations Act 2001 (Cth) displacement\nThis Division and any regulation made under this Division is\ndeclared to be a Corporations legislation displacement provision for\nthe purposes of section 5G of the Corporations Act 2001 (Cth) in\nrelation to the provisions of Chapters 2D and 5 of that Act.\nNote for section 44K\nSection 5G of the Corporations Act 2001 (Cth) provides that if a State or Territory\nlaw declares a provision of a State or Territory law to be a Corporations\nlegislation displacement provision, any provision of the Corporations legislation\nwith which the State or Territory provision would otherwise be inconsistent does\nnot apply to the extent necessary to avoid the inconsistency.\n","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Utilities Commission to monitor and advise on system","content":"45 Utilities Commission to monitor and advise on system\ncapacity\n(1) The Utilities Commission must:\n(a) develop forecasts of overall electricity load and generating\ncapacity in consultation with participants in the electricity\nsupply industry and report the forecasts to the Minister and\nelectricity entities;\n\nElectricity Reform Act 2000 38\n(b) review and report to the Minister on the performance of the\nTerritory’s power system;\n(c) advise the Minister on matters relating to the future capacity\nand reliability of the Territory’s power system relative to\nforecast load;\n(d) advise the Minister, either on its own initiative or at the request\nof the Minister, on other electricity supply industry and market\npolicy matters; and\n(e) submit to the Minister, and publish, an annual review of the\nprospective trends in the capacity and reliability of the\nTerritory's power system relative to projected load growth.\n(2) Electricity entities operating in the Territory's power system are to\nprovide information and technical assistance that the Utilities\nCommission reasonably requires to perform its responsibilities\nunder this section.\n(3) In addition to subsection (2), the Utilities Commission may require a\nnetwork user or customer to provide information to the Utilities\nCommission to enable it to perform its responsibilities under this\nsection.\n(4) A network user or customer who is required to provide information\nunder subsection (3) must provide the information as and when\nrequired by the Utilities Commission.\n(5) For the purposes of this section, Territory's power system means\nthe power systems specified by the Minister for the purposes of this\nsection.\n","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Electricity infrastructure does not merge with land","content":"46 Electricity infrastructure does not merge with land\n(1) An agreement between an electricity entity and the owner of land\nrelating to the construction or installation of electricity infrastructure\non the land is to be taken to include agreement that ownership of\nthe electricity infrastructure is not affected by its affixation or\nannexation to the land.\n(2) Electricity infrastructure referred to in subsection (1) may be dealt\nwith and disposed of as personal property.\n(3) Subsection (1) is subject to any agreement in writing to the\ncontrary.\n\nElectricity Reform Act 2000 39\n","sortOrder":58},{"sectionNumber":"47","sectionType":"section","heading":"Prevention of dismantling of electricity infrastructure in","content":"47 Prevention of dismantling of electricity infrastructure in\nexecution of judgment\n(1) Electricity infrastructure owned or operated by an electricity entity\ncannot be dismantled in execution of a judgment.\n(2) This section does not prevent the sale of an electricity generating\nplant or an electricity network as a going concern in execution of a\njudgment.\n","sortOrder":59},{"sectionNumber":"48","sectionType":"section","heading":"Grounds for complaint","content":"48 Grounds for complaint\n(1) A person may make a complaint under this Division to the Utilities\nCommission against an electricity entity on the grounds that:\n(a) the electricity entity is engaging in conduct that is contrary to\none (or more) of its licence conditions; or\n(b) the electricity entity is engaging in conduct that is contrary to\nthe objects of this Act or the Utilities Commission Act 2000.\n(2) A complaint is to:\n(a) be in writing;\n(b) contain details of the grounds of the complaint; and\n(c) include sufficient details to show:\n(i) how the complainant is, or may be, adversely affected by\nthe alleged conduct or noncompliance; and\n(ii) how the complainant has made a genuine, but\nunsuccessful, attempt to resolve the subject matter of\nthe complaint with the electricity entity.\n","sortOrder":60},{"sectionNumber":"49","sectionType":"section","heading":"Persons who may make complaint","content":"49 Persons who may make complaint\n(1) Subject to subsection (2), a complaint may be made to the Utilities\nCommission only by a person who:\n(a) is, or may be, adversely affected by the conduct or\nnoncompliance alleged by the person; and\n(b) is a customer or an electricity entity.\n\nElectricity Reform Act 2000 40\n(2) A complaint may be made by a person who is not a customer if the\nUtilities Commission is satisfied that the person is authorised to act\non behalf of a customer who is, or may be, adversely affected by\nthe alleged conduct or noncompliance of the electricity entity.\n","sortOrder":61},{"sectionNumber":"50","sectionType":"section","heading":"Utilities Commission to investigate complaint","content":"50 Utilities Commission to investigate complaint\n(1) The Utilities Commission must investigate a complaint received by\nit unless the Utilities Commission reasonably believes that:\n(a) the complainant is not, or is unlikely to be, adversely affected\nby the conduct or noncompliance alleged in the complaint;\n(b) the complainant has not shown he or she has made a genuine\nattempt to resolve the subject matter of the complaint with the\nelectricity entity; or\n(c) the complaint is frivolous or vexatious.\n(2) If the Utilities Commission decides not to investigate a complaint,\nthe Utilities Commission must, within 14 days after making the\ndecision, give to the complainant a written notice stating its decision\nand the reason for its decision.\n","sortOrder":62},{"sectionNumber":"51","sectionType":"section","heading":"Procedures for investigation","content":"51 Procedures for investigation\n(1) The Utilities Commission must report the results of an investigation\nto the Minister.\n(2) The Utilities Commission must, in a report:\n(a) state whether the complaint has been substantiated;\n(b) state its reasons for the decision;\n(c) if the complaint has been substantiated and involves conduct\ncontrary to the electricity entity's licence conditions – include\nthe action it is, or proposes, to take to deal with the entity’s\nconduct; and\n(d) if the complaint has been substantiated and involves conduct\ncontrary to the objects of this Act or the Utilities Commission\nAct 2000 – include its recommendations on how the electricity\nentity's noncompliance can be overcome.\n\nElectricity Reform Act 2000 41\n","sortOrder":63},{"sectionNumber":"52","sectionType":"section","heading":"Appointment of electricity officers","content":"52 Appointment of electricity officers\n(1) An electricity entity may, subject to conditions determined by the\nMinister, appoint a person to be an electricity officer for the entity.\n(2) An electricity officer may only exercise powers under this Act\nsubject to the conditions of appointment and any directions given to\nthe electricity officer by the entity.\n","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Conditions of appointment","content":"53 Conditions of appointment\n(1) An electricity officer may be appointed for a stated term or for an\nindefinite term that continues while the officer holds a stated office\nor position.\n(2) An electricity officer may be removed from office by the electricity\nentity.\n","sortOrder":65},{"sectionNumber":"54","sectionType":"section","heading":"Electricity officer's identity card","content":"54 Electricity officer's identity card\n(1) An electricity entity must give each electricity officer for the entity an\nidentity card.\n(2) The identity card is to be in a form approved by the Minister and is\nto:\n(a) contain a photograph of the electricity officer taken for the\npurpose;\n(b) be signed by the electricity officer; and\n(c) identify the electricity officer as an electricity officer for the\nelectricity entity.\n(3) A person must, within 2 days after ceasing to be an electricity\nofficer, return the identity card to the electricity entity.\nMaximum penalty: 10 penalty units.\n","sortOrder":66},{"sectionNumber":"55","sectionType":"section","heading":"Production of identity card","content":"55 Production of identity card\nAn electricity officer must, before exercising a power in relation to\nanother person, produce the officer's identity card for inspection by\nthe other person.\n\nElectricity Reform Act 2000 42\n","sortOrder":67},{"sectionNumber":"56","sectionType":"section","heading":"Entry on land to conduct surveys, etc.","content":"56 Entry on land to conduct surveys, etc.\n(1) An electricity entity may, by agreement with the occupier of land or\non the authorisation of the Minister, enter and remain on land to\nconduct surveys or assess the suitability of the land for the\nconstruction or installation of electricity infrastructure.\n(2) The Minister may authorise an electricity entity to enter and remain\non land under this section on conditions the Minister considers\nappropriate.\n(3) If an electricity entity enters land under the authorisation of the\nMinister, the electricity entity:\n(a) must give reasonable notice of the proposed entry on land\nunder this section to the occupier;\n(b) must minimise the impact of work carried out by the electricity\nentity on activities of others on the land; and\n(c) must comply with the conditions of the authorisation.\n","sortOrder":68},{"sectionNumber":"57","sectionType":"section","heading":"Power to carry out work on public land","content":"57 Power to carry out work on public land\n(1) Subject to this section and the Planning Act 1999, an electricity\nentity may:\n(a) install electricity infrastructure on public land;\n(b) operate, maintain, repair, alter, add to, remove or replace\nelectricity infrastructure on public land; or\n(c) carry out other work on public land relating to the generation\nand supply of electricity.\n(2) Without limiting subsection (1), the electricity entity may:\n(a) erect powerlines on public land; and\n(b) excavate public land and install underground cables.\n(3) Subject to this section, an electricity entity must:\n(a) give the authority responsible for managing public land not\nless than 7 days' notice of the entity's intention to carry out\nwork on the land; and\n(b) secure the authority's agreement to the carrying out of the\nwork.\n\nElectricity Reform Act 2000 43\n(4) An agreement under this section may contain conditions the\nauthority responsible for managing the land considers appropriate\nin the public interest.\n(5) If a dispute arises between an electricity entity and an authority\nabout whether work should be permitted under this section or about\nthe conditions on which work should be permitted, either party to\nthe dispute may refer the dispute to the Minister.\n(6) Subsection (5) does not apply to a dispute if the authority\nresponsible for managing the public land is a Minister or a person\nor body to whom directions may be given by a Minister in relation to\nthe matter in dispute.\n(7) If a dispute is referred to the Minister under this section, the\nMinister must:\n(a) allow the parties to the dispute the opportunity to make\nrepresentations to the Minister on the questions at issue in the\ndispute; and\n(b) make a reasonable attempt to get the parties to agree to\nsettlement of the dispute on agreed terms.\n(8) If the Minister cannot get the parties to agree, the Minister may\nmake:\n(a) an order that the work is or is not permitted on the land; or\n(b) if the Minister orders that the work is permitted – an order\nfixing the conditions on which the work is permitted.\n(9) An electricity entity must make good any damage caused by the\nexercise of powers under this section as soon as practicable or pay\nreasonable compensation for the damage.\n(10) An electricity entity may only act under this section in relation to\npublic land in a way that interferes with the continued enjoyment or\nexercise of rights deriving from native title in the land by agreement\nwith the Minister (on behalf of the Territory) and the native title\nholders in the land.\n(11) This section does not derogate from the obligation to comply with\nthe provisions of any other Act.\n(12) In this section:\nnative title and native title holder have the same meaning as in\nsection 223 and 224 (respectively) of the Native Title Act 1993 of\nthe Commonwealth.\n\nElectricity Reform Act 2000 44\npublic land means land owned by the Territory or an\ninstrumentality or agent of the Territory or by a local government\ncouncil and includes public land that is subject to native title.\n","sortOrder":69},{"sectionNumber":"58","sectionType":"section","heading":"Entry under easements for purposes related to infrastructure","content":"58 Entry under easements for purposes related to infrastructure\n(1) Subject to this section, if an electricity officer seeks to enter land\npursuant to rights conferred on an electricity entity by a statutory or\nother easement relating to electricity infrastructure situated on the\nland, the officer must give reasonable written notice to the occupier\nof the land stating the reason and the date and time of the\nproposed entry.\n(2) If the proposed entry is refused or obstructed, an electricity officer\nmay obtain a warrant under Part 8 to enter the land.\n(3) In an emergency, an electricity officer may exercise a power of\nentry referred to in this section:\n(a) at any time and without prior notice if it is not practicable to\ngive such notice; and\n(b) if necessary in the circumstances, by the use of reasonable\nforce.\n(4) An electricity officer may not enter a place under a warrant or by\nforce in an emergency unless accompanied by a member of the\nPolice Force.\n(5) An electricity entity must make good any damage caused by the\nexercise of powers under a warrant or by force in an emergency as\nsoon as practicable or pay reasonable compensation for the\ndamage.\n","sortOrder":70},{"sectionNumber":"59","sectionType":"section","heading":"Easements and access to infrastructure for data transmission","content":"59 Easements and access to infrastructure for data transmission\nand telecommunications\n(1) If electricity infrastructure owned or operated by an electricity entity\nis situated on land that does not belong to the entity, any powers or\nrights that the entity has under this Act or pursuant to a statutory or\nother easement for the purposes of installing, operating and\ncarrying out work relating to electricity infrastructure on that land will\nbe taken also to be exercisable for the purposes of:\n(a) installing telecommunications cables or equipment by\nattaching it to or incorporating it in the electricity infrastructure\non the land;\n(b) operating and carrying out work relating to\ntelecommunications cables or equipment so installed; and\n\nElectricity Reform Act 2000 45\n(c) operating the electricity infrastructure on the land for\ntelecommunications.\n(2) Powers and rights conferred on an electricity entity under\nsubsection (1) will also, with the consent of the electricity entity, be\nexercisable by another body in the same manner and subject to the\nsame conditions as would apply if the other body were the\nelectricity entity and persons appointed by the other body subject to\nconditions determined by the Minister were electricity officers.\n(3) This section has effect despite the Law of Property Act 2000 or any\nother law.\n","sortOrder":71},{"sectionNumber":"60","sectionType":"section","heading":"Entry to inspect, etc., electrical installations","content":"60 Entry to inspect, etc., electrical installations\n(1) An electricity officer for an electricity entity may, at any reasonable\ntime, enter and remain in a place to which electricity is, is to be, or\nhas been, supplied by the entity:\n(a) to inspect electrical installations in the place to ensure that it is\nsafe to connect or reconnect electricity supply;\n(b) to take action to prevent or minimise an electrical hazard; or\n(c) to investigate suspected theft of electricity.\n(2) In an emergency, an electricity officer may exercise a power of\nentry under this section at any time and, if necessary in the\ncircumstances, by the use of reasonable force.\n(3) When an electricity officer enters a place under this section, the\nelectricity officer:\n(a) may be accompanied by such assistants as the electricity\nofficer considers necessary or appropriate; and\n(b) may take any vehicles or equipment the electricity officer\nconsiders necessary or appropriate for the functions the\nelectricity officer is to carry out in the place.\n(4) An electricity officer may not enter a place by force in an\nemergency unless accompanied by a member of the Police Force.\n\nElectricity Reform Act 2000 46\n","sortOrder":72},{"sectionNumber":"61","sectionType":"section","heading":"Entry to read meters, etc.","content":"61 Entry to read meters, etc.\nAn electricity officer for an electricity entity may, at any reasonable\ntime, enter and remain in a place to which electricity is, or is to be,\nsold or supplied by the entity:\n(a) to read, or check the accuracy of, a meter for recording\nconsumption of electricity; or\n(b) to examine the electrical installations in the place to determine\nload classification and the appropriate price for the sale of\nelectricity; or\n(c) to install, repair or replace meters, control apparatus and other\nelectrical installations in the place.\n","sortOrder":73},{"sectionNumber":"62","sectionType":"section","heading":"Entry to disconnect supply","content":"62 Entry to disconnect supply\nIf an electricity officer has proper authority to disconnect an\nelectricity supply to a place, the electricity officer may, at any\nreasonable time, enter and remain in the place to disconnect the\nelectricity supply to the place.\n","sortOrder":74},{"sectionNumber":"63","sectionType":"section","heading":"Disconnection of supply if entry refused","content":"63 Disconnection of supply if entry refused\n(1) If an electricity officer seeks to enter a place under this Division and\nentry is refused or obstructed, the electricity entity may, by written\nnotice to the occupier of the place, ask for consent to entry by an\nelectricity officer.\n(2) The notice must state the reason and the date and time of the\nproposed entry.\n(3) If entry is again refused or obstructed, the electricity entity may:\n(a) if it is possible to do so – disconnect the electricity supply to\nthe place without entering the place; or\n(b) if not – obtain a warrant under Part 8 to enter the place for the\npurpose of disconnecting the electricity supply, enter the place\nunder the warrant and disconnect the electricity supply.\n(4) An electricity officer may not enter a place under a warrant unless\naccompanied by a member of the Police Force.\n(5) An electricity entity must make good any damage caused by the\nexercise of powers under this section as soon as practicable or pay\nreasonable compensation for the damage.\n\n","sortOrder":75},{"sectionNumber":"Div 5","sectionType":"division","heading":"Powers and duties related to electricity supply and systems","content":"Division 5 Powers and duties related to electricity supply and systems\nElectricity Reform Act 2000 47\n(6) The electricity entity must restore the electricity supply\ndisconnected under this section if:\n(a) the occupier:\n(i) consents to the proposed entry; and\n(ii) pays outstanding fees and accounts;\n(b) it is safe to restore the electricity supply disconnected under\nthis section; and\n(c) there is no other lawful ground for refusing to restore the\nelectricity supply disconnected under this section.\nDivision 5 Powers and duties related to electricity supply and\nsystems\n","sortOrder":76},{"sectionNumber":"65","sectionType":"section","heading":"Electricity entity may cut off electricity supply to avert danger","content":"65 Electricity entity may cut off electricity supply to avert danger\nAn electricity entity may, without incurring any liability, cut off the\nsupply of electricity to any region, area, land or place if it is, in the\nentity's opinion, necessary to do so to avert danger to person or\nproperty.\n","sortOrder":77},{"sectionNumber":"66","sectionType":"section","heading":"Emergency legislation not affected","content":"66 Emergency legislation not affected\nNothing in this Act affects the exercise of any power, or the\nobligation of an electricity entity to comply with any direction, order\nor requirement, under the Emergency Management Act 2013 or the\nEssential Goods and Services Act 1981.\n","sortOrder":78},{"sectionNumber":"67","sectionType":"section","heading":"Power to disconnect electrical supply","content":"67 Power to disconnect electrical supply\n(1) An electricity officer may disconnect the electricity supply to an\nelectrical installation or a place if:\n(a) the electrical installation is connected to an electricity network\nin contravention of the Electrical Safety Act 2022; or\n(b) the electrical installation does not comply with this Act; or\n(c) electricity is being supplied to, or consumed at, the place\ncontrary to this Act.\n(2) For subsection (1)(a), a person may rely on a certificate of\ncompliance issued under section 41 of the Electrical Safety\nAct 2022.\n\nDivision 5 Powers and duties related to electricity supply and systems\nElectricity Reform Act 2000 48\n(3) The electricity officer must give written notice to the person in\ncharge of the electrical installation or place:\n(a) informing the person that the electricity supply was\ndisconnected under this section; and\n(b) directing that the electricity supply must not be reconnected\nexcept in accordance with the Electrical Safety Act 2022.\n","sortOrder":79},{"sectionNumber":"68","sectionType":"section","heading":"Disconnection of cathodic protection system","content":"68 Disconnection of cathodic protection system\n(1) An electricity officer who finds that a cathodic protection system\ndoes not comply with, or is being operated contrary to, the Electrical\nSafety Act 2022 may:\n(a) take reasonable action to disconnect the system to make it\ninoperable; or\n(b) give a written direction to the person in charge of the system,\nor the place in which the system is situated, to take\nreasonable action to disconnect the system to make it\ninoperable.\n(2) If the electricity officer takes action under subsection (1)(a), the\nelectricity officer must give written notice to the person in charge of\nthe cathodic protection system:\n(a) informing the person that the electricity supply was\ndisconnected under this section; and\n(b) directing that the electricity supply must not be reconnected\nexcept in accordance with the Electrical Safety Act 2022.\n","sortOrder":80},{"sectionNumber":"69","sectionType":"section","heading":"Offences","content":"69 Offences\n(1) A person must not reconnect electricity supply disconnected under\nsection 67 or 68, or have it reconnected, except in accordance with\nthe Electrical Safety Act 2022.\n(2) A person to whom a direction is given under section 68(1)(b) must\ncomply with the direction.\n\nElectricity Reform Act 2000 49\n","sortOrder":81},{"sectionNumber":"72","sectionType":"section","heading":"Appointment of authorised officers","content":"72 Appointment of authorised officers\n(1) The Minister may appoint suitable persons as authorised officers.\n(2) An authorised officer may (but need not) be an employee within the\nmeaning of the Public Sector Employment and Management\nAct 1993.\n(3) An authorised officer's function is to assist the Utilities Commission.\n(4) An authorised officer is subject to control and direction by the\nUtilities Commission.\n","sortOrder":82},{"sectionNumber":"73","sectionType":"section","heading":"Conditions of appointment","content":"73 Conditions of appointment\n(1) An authorised officer may be appointed for a stated term or for an\nindefinite term that continues while the officer holds a stated office\nor position.\n(2) An authorised officer holds office on the conditions stated in the\ninstrument of appointment.\n(3) An authorised officer may resign by written notice given to the\nMinister.\n(4) An authorised officer may be removed from office by the Minister.\n","sortOrder":83},{"sectionNumber":"74","sectionType":"section","heading":"Authorised officer's identity card","content":"74 Authorised officer's identity card\n(1) The Minister must give each authorised officer an identity card.\n(2) The identity card must:\n(a) contain a photograph of the authorised officer taken for the\npurpose; and\n(b) be signed by the authorised officer.\n(3) A person must, within 2 days after ceasing to be an authorised\nofficer, return the identity card to the Minister.\nMaximum penalty: 10 penalty units.\n\nElectricity Reform Act 2000 50\n","sortOrder":84},{"sectionNumber":"75","sectionType":"section","heading":"Production of identity card","content":"75 Production of identity card\nAn authorised officer must, before exercising a power in relation to\nanother person, produce the officer's identity card for inspection by\nthe other person.\n","sortOrder":85},{"sectionNumber":"76","sectionType":"section","heading":"Power of entry","content":"76 Power of entry\n(1) An authorised officer may, as reasonably required for the purposes\nof the enforcement of this Act, enter and remain in any place.\n(2) When an authorised officer enters a place under this section, the\nauthorised officer:\n(a) may be accompanied by such assistants as the authorised\nofficer considers necessary or appropriate; and\n(b) may take any vehicles or equipment the authorised officer\nconsiders necessary or appropriate for the functions the\nauthorised officer is to carry out in the place.\n(3) An authorised officer may use reasonable force to enter a place\nunder this Part if:\n(a) the entry is authorised under a warrant under Part 8; or\n(b) the entry is necessary in an emergency.\n(4) When entering a place under a warrant or by force in an\nemergency, an authorised officer may be accompanied by a\nmember of the Police Force.\n","sortOrder":86},{"sectionNumber":"77","sectionType":"section","heading":"General investigative powers of authorised officers","content":"77 General investigative powers of authorised officers\n(1) An authorised officer who enters a place under this Part may\nexercise any one or more of the following powers:\n(a) investigate whether the provisions of this Act are being or\nhave been complied with;\n(b) examine and test electricity infrastructure in the place to find\nout whether the infrastructure complies with the requirements\nof this Act;\n(d) investigate a suspected interference with electrical\ninfrastructure or an electrical installation;\n(e) investigate a suspected theft or diversion of electricity;\n\nElectricity Reform Act 2000 51\n(f) search for, examine and copy or take an extract from a\ndocument or record of any kind as reasonably required for the\npurposes of the enforcement of this Act;\n(g) take photographs or make films or other records of activities in\nthe place and electrical infrastructure, installations or\nequipment in the place;\n(h) take possession of any object that may be evidence of an\noffence against this Act.\n(2) If an authorised officer takes possession of an object that may be\nevidence of an offence:\n(a) the authorised officer must give the occupier of the place a\nreceipt for the object; and\n(b) the object must be returned to its owner:\n(i) if proceedings for an offence are not commenced within\n6 months after the authorised officer takes possession of\nthe object – at the end of that period; or\n(ii) if proceedings are commenced within that period – on\ncompletion of the proceedings, unless the court, on\napplication by the Utilities Commission, orders\nconfiscation of the object.\n(3) A court may order the confiscation of an object of which an\nauthorised officer has taken possession under subsection (1) if of\nthe opinion that the object has been used for the purpose of\ncommitting an offence or there is some other proper reason for\nordering its confiscation.\n(4) The Utilities Commission may dispose of an object if the Court\norders its confiscation.\n","sortOrder":87},{"sectionNumber":"81","sectionType":"section","heading":"Power to require information","content":"81 Power to require information\n(1) An authorised officer may require a person to provide information in\nthe person's possession relevant to the enforcement of this Act.\n(2) An authorised officer may require a person to produce documents\nin the person's possession that may be relevant to the enforcement\nof this Act for inspection by the authorised officer.\n(3) A person must not, without reasonable excuse, fail to comply with a\nrequirement under this section.\nMaximum penalty: 200 penalty units.\n\nElectricity Reform Act 2000 52\n(4) A person is not required to give information or produce a document\nunder this section if the answer to the question or the contents of\nthe document would tend to incriminate the person of an offence.\n","sortOrder":88},{"sectionNumber":"Div 3","sectionType":"division","heading":"Auditors","content":"Division 3 Auditors\n","sortOrder":89},{"sectionNumber":"81A","sectionType":"section","heading":"Appointment of auditors","content":"81A Appointment of auditors\n(1) The Utilities Commission may appoint suitable persons as auditors\nto audit the operations of electricity entities.\n(2) A person appointed to be an auditor may be a public sector\nemployee.\n(3) An auditor is subject to control and direction by the Utilities\nCommission.\n","sortOrder":90},{"sectionNumber":"83","sectionType":"section","heading":"Review of decisions","content":"83 Review of decisions\n(1) An application may be made to the Utilities Commission:\n(a) by an applicant for the grant or variation of the conditions of a\nlicence under Part 3, or for agreement to the transfer of such a\nlicence, for review of the decision of the Utilities Commission\nto refuse the application; or\n(b) by an electricity entity for review of a decision of the Utilities\nCommission under Part 3 to suspend or cancel the entity's\nlicence or to vary the conditions of the entity's licence; or\n(c) by a person subject to a direction given by an authorised\nofficer for review of the decision to give the direction; or\n(d) by a person affected by the disconnection of an electricity\nsupply, other than for a safety reason, for review of the\ndecision to disconnect the supply.\n(2) An application for review is to:\n(a) be in writing;\n(b) set out the decision to which the application relates;\n(c) set out in detail the grounds on which the applicant seeks\nreview and the decision sought on the review;\n\nElectricity Reform Act 2000 53\n(d) be accompanied by any information that the applicant\nconsiders should be taken into account by the Utilities\nCommission on the review; and\n(e) be lodged with the Utilities Commission:\n(i) in the case of a decision relating to a licence or\napplication for a licence – within 14 days after written\nnotice of the decision is given to the electricity entity or\napplicant; or\n(ii) in the case of a decision to cancel or suspend a licence\nor to vary the conditions of a licence – within 14 days\nafter the decision is given; or\n(iii) in the case of a decision to give a direction – within\n14 days after the direction is given; or\n(iv) in the case of a decision to disconnect an electricity\nsupply or cathodic protection system, other than for a\nsafety reason – within 14 days after notice of the\ndisconnection is given or, if notice is not given, within\n14 days after the supply or system is disconnected.\n(3) The Utilities Commission may stay the operation of the decision to\nwhich the application relates.\n(4) A review must be decided within 4 weeks of the application being\nlodged with the Utilities Commission.\n(5) If a review is not decided within that period, the Utilities\nCommission is to be taken to have confirmed the decision.\n(6) After considering the application, the Utilities Commission may\nconfirm, amend or substitute the decision.\n(7) The Utilities Commission must give the applicant written notice of\nthe Utilities Commission's decision, and the reasons for the\ndecision, on the review.\n","sortOrder":91},{"sectionNumber":"84","sectionType":"section","heading":"Appeal","content":"84 Appeal\n(1) An applicant for review who is dissatisfied with a decision of the\nUtilities Commission on the review under this Part may appeal\nagainst the decision to the Supreme Court.\n(2) An appeal may only be made on the grounds that:\n(a) there has been bias; or\n\nElectricity Reform Act 2000 54\n(b) the facts on which the decision is based have been\nmisinterpreted in a material respect.\n(3) An appeal must be made within 14 days after receipt of the written\nnotice of the decision appealed against or, if the Utilities\nCommission failed to make a decision on the review within the\nallowed period, within 14 days after the end of that period.\n(4) The Utilities Commission or the Supreme Court may stay the\noperation of:\n(a) the Utilities Commission's decision that is the subject of the\nappeal; or\n(b) the original decision that was the subject of the review,\nas the case may require.\n(5) On an appeal, the Supreme Court may:\n(a) confirm the decision under appeal; or\n(b) return the matter to the original decision maker with directions\nthe Court considers appropriate.\n","sortOrder":92},{"sectionNumber":"85","sectionType":"section","heading":"Minister's power to intervene","content":"85 Minister's power to intervene\nThe Minister may intervene, personally or by counsel or other\nrepresentative, in a review or appeal under this Part for the purpose\nof introducing evidence, or making submissions, on any question\nrelevant to the public interest.\n","sortOrder":93},{"sectionNumber":"86","sectionType":"section","heading":"Reticulation of electricity to electricity supply distribution","content":"86 Reticulation of electricity to electricity supply distribution\nextension area\n(1) The Minister may, by notice in the Gazette, declare an area to be\nan electricity supply distribution extension area.\n(2) If the Minister declares an area to be an electricity supply\ndistribution extension area, the owner of each parcel of land within\nthe area is liable to pay to the electricity entity licensed to sell\nelectricity in the area a financial contribution towards the cost of\nextension of electricity supply in the area.\n(3) The liability under subsection (2) exists despite that an owner does\nnot elect to have electricity supplied by the electricity entity for\nconsumption on the land.\n\nElectricity Reform Act 2000 55\n(4) An owner and electricity entity referred to in subsection (2) may\nenter into an agreement relating to the conditions on or subject to\nwhich electricity will be supplied by the electricity entity for\nconsumption on the land.\n(5) The balance from time to time outstanding of an amount referred to\nin subsection (2) is an overriding statutory charge, within the\nmeaning of the Land Title Act 2000, on the parcel of land.\n(6) The owner of a parcel of land who is liable as referred to in\nsubsection (2) must not transfer the land to another person unless\nhe or she has first paid to the electricity entity the amount of the\nliability outstanding at the date of the transfer and, for the purposes\nof calculating the liability, any amount payable in accordance with\nsubsection (2) becomes due and payable in full immediately before\nthe proposed transfer despite that, but for this subsection, it would\nnot become due and payable until a later date.\n(7) The financial contribution referred to in subsection (2) is the amount\napproved by the Utilities Commission as the owner's reasonable\nshare of the capital contribution required of the electricity entity by\nthe electricity entity licensed to operate the electricity network in the\narea.\n(9) In this section, parcel of land means the whole of the land the\nsubject of a separate certificate as to title registered under the Land\nTitle Act 2000.\n","sortOrder":94},{"sectionNumber":"87","sectionType":"section","heading":"Power of exemption","content":"87 Power of exemption\n(1) The Utilities Commission may, with the approval of the Minister,\ngrant an exemption from Part 3, or specified provisions of Part 3, on\nterms and conditions the Utilities Commission considers\nappropriate.\n(2) If the Utilities Commission exempts a person from the requirement\nto hold a licence under Part 3, the Utilities Commission may\n(without limiting subsection (1)) by conditions of the exemption\nrequire that the person is to be treated as an electricity entity for the\npurposes of specified provisions of this Act.\n(3) Except as otherwise provided in the exemption, an exemption\nunder subsection (1) may be varied or revoked by the Utilities\nCommission by notice in writing.\n(6) This section does not apply in relation to dedicated connection\nassets.\n\nElectricity Reform Act 2000 56\n","sortOrder":95},{"sectionNumber":"87A","sectionType":"section","heading":"Utilities Commission may grant exemption from requirement to","content":"87A Utilities Commission may grant exemption from requirement to\nhold network provider licence\n(1) The Utilities Commission may exempt a person from the\nrequirement to hold a licence under Part 3 to own or operate a\ndesignated network asset if the person is only to own or operate\nnetwork assets that are designated network assets.\n(2) If the Utilities Commission grants an exemption under\nsubsection (1), the exempted person is taken to be subject to the\ncondition that the person must comply with clauses 5.2A.6(c),\n5.2A.7 and 5.2A.8 and rule 5.5 of the National Electricity (NT)\nRules.\n","sortOrder":96},{"sectionNumber":"88","sectionType":"section","heading":"Register of exemptions","content":"88 Register of exemptions\n(1) The Utilities Commission must keep a register of exemptions\ngranted by it under this Act.\n(3) A register kept under this section must include the terms and\nconditions of each exemption recorded in it.\n(4) A person may, without paying a fee, inspect a register kept under\nthis section.\n","sortOrder":97},{"sectionNumber":"89","sectionType":"section","heading":"Obligation to comply with conditions of exemption","content":"89 Obligation to comply with conditions of exemption\n(1) A person in whose favour an exemption is given must comply with\nthe conditions of the exemption.\n(2) If a person in whose favour an exemption is given profits from\ncontravention of a condition of the exemption, the Utilities\nCommission may recover an amount equal to the profit from the\nperson:\n(a) on application to a court on it finding the person guilty of an\n","sortOrder":98},{"sectionNumber":"90","sectionType":"section","heading":"Persons other than electricity entities who must comply with","content":"90 Persons other than electricity entities who must comply with\nsystem controller\n(1) A person who is not an electricity entity and who enters into a\nconnection agreement with a network provider must comply with\nthe directions of the system controller.\nMaximum penalty: 100 penalty units.\n\nElectricity Reform Act 2000 57\n(2) If a person referred to in subsection (1) profits from contravention of\na direction given under that subsection, the Utilities Commission\nmay recover an amount equal to the profit from the person:\n(a) on application to a court on it finding the person guilty of an\n","sortOrder":99},{"sectionNumber":"91","sectionType":"section","heading":"Fixing standard terms and conditions for customers","content":"91 Fixing standard terms and conditions for customers\n(1) If an electricity entity sells electricity to customers of a prescribed\nclass under a licence authorising the selling of electricity, the\nelectricity entity must from time to time fix standard terms and\nconditions governing the sale of electricity (including the service of\nmaking connections to the electricity network) by the entity to non-\ncontestable customers or customers of a prescribed class.\n(2) The standard terms and conditions fixed under subsection (1):\n(a) are to be published in the Gazette;\n(b) come into force on the day specified by the electricity entity in\nthe notice (being a day not earlier than the day on which the\nnotice is published in the Gazette); and\n(c) are contractually binding on the electricity entity and each\ncustomer in the class of customers to whom the terms and\nconditions are expressed to apply (except as modified or\nexcluded by express agreement between the entity and a\ncustomer).\n(3) The electricity entity must prepare a summary of the standard terms\nand conditions in a form approved by the Utilities Commission.\n(4) The electricity entity must distribute a copy of the summary to each\nof its customers.\n","sortOrder":100},{"sectionNumber":"93","sectionType":"section","heading":"Delegation by Minister","content":"93 Delegation by Minister\n(1) The Minister may delegate to a person or body of persons any of\nhis or her powers and functions under this Act (other than this\npower of delegation).\n(2) A delegation under this section:\n(a) is to be in writing; and\n(b) may to a person from time to time holding, acting in or\nperforming the duties of an office, designation or position.\n\nElectricity Reform Act 2000 58\n(3) A power or function delegated under this section, when exercised\nor performed by the delegate, is to be taken to have been exercised\nor performed by the Minister.\n(4) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n","sortOrder":101},{"sectionNumber":"94","sectionType":"section","heading":"Application and issue of warrant","content":"94 Application and issue of warrant\n(1) An authorised officer or electricity officer may apply to a Local Court\nJudge for a warrant to enter a place specified in the application.\n(2) The Judge may issue a warrant if satisfied that there are\nreasonable grounds for issuing the warrant.\n(3) A warrant authorises the authorised officer or electricity officer with\nany assistance and by any force reasonably necessary:\n(a) to enter the place specified in the warrant; and\n(b) to do anything authorised by this Act,\nat any time, or within any period, specified in the warrant.\n(4) An electricity officer must be accompanied by a member of the\nPolice Force when entering a place under a warrant.\n(5) A warrant is to specify the date on which, and the time at which, the\nwarrant ceases to have effect.\n","sortOrder":102},{"sectionNumber":"95","sectionType":"section","heading":"Urgent situations","content":"95 Urgent situations\n(1) An authorised officer or electricity officer may apply to a Local Court\nJudge for a warrant by telephone, facsimile or other prescribed\nmeans if the officer considers the urgency of the situation requires\nit.\n(2) The Judge may complete and sign the warrant in the same terms\nas for a warrant applied for in person if satisfied that there are\nreasonable grounds for issuing the warrant urgently.\n(3) The Judge must:\n(a) tell the officer:\n(i) the terms of the warrant;\n(ii) the date on which and the time at which, the warrant was\nsigned; and\n\nElectricity Reform Act 2000 59\n(iii) the date on which, and the time at which, the warrant\nceases to have effect; and\n(b) record on the warrant the reasons for granting the warrant.\n(4) The officer must:\n(a) complete a form of warrant in the same terms as the warrant\nsigned by the Judge;\n(b) write on the form:\n(i) the name of the Judge; and\n(ii) the date on which, and the time at which, the warrant\nwas signed; and\n(c) send the Judge the completed form of warrant not later than\nthe day after the warrant is executed or ceases to have effect.\n(5) On receiving the form of warrant, the Judge must attach it to the\nwarrant the Judge signed.\n(6) A form of warrant completed by an authorised officer or electricity\nofficer under subsection (4) has the same force as a warrant signed\nby the Judge under subsection (2).\n","sortOrder":103},{"sectionNumber":"100","sectionType":"section","heading":"Impersonation of officials, etc.","content":"100 Impersonation of officials, etc.\nA person must not impersonate an authorised officer, an electricity\nofficer or anyone else with powers under this Act.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n","sortOrder":104},{"sectionNumber":"101","sectionType":"section","heading":"Obstruction","content":"101 Obstruction\n(1) A person must not, without reasonable excuse, obstruct an\nauthorised officer, an electricity officer or anyone else engaged in\nthe administration of this Act or the exercise of powers under this\nAct.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n\nElectricity Reform Act 2000 60\n(2) A person must not use abusive or intimidatory language to, or\nengage in offensive or intimidatory behaviour towards, an\nauthorised officer, an electricity officer, or anyone else engaged in\nthe administration of this Act or the exercise of powers under this\nAct.\nMaximum penalty: 50 penalty units.\n","sortOrder":105},{"sectionNumber":"102","sectionType":"section","heading":"False or misleading information","content":"102 False or misleading information\nA person must not make a statement that is false or misleading in a\nmaterial particular (whether by reason of the inclusion or omission\nof any particular) in any information furnished under this Act.\nMaximum penalty: If the person made the statement knowing\nthat it was false or misleading – 200 penalty\nunits or imprisonment for 2 years.\nIn any other case – 50 penalty units.\n","sortOrder":106},{"sectionNumber":"103","sectionType":"section","heading":"Statutory declarations","content":"103 Statutory declarations\nIf a person is required by or under this Act to furnish information to\nthe Utilities Commission, the Utilities Commission may require that\nthe information be verified by statutory declaration and, in that\nevent, the person will not be taken to have furnished the information\nas required unless it has been verified in accordance with the\nrequirements of the Utilities Commission.\n","sortOrder":107},{"sectionNumber":"104","sectionType":"section","heading":"General defence","content":"104 General defence\n(1) It is a defence to a charge of an offence against this Act if the\ndefendant proves that the offence was not committed intentionally\nand did not result from any failure on the part of the defendant to\ntake reasonable care to avoid the commission of the offence.\n(2) It is a defence to a charge of an offence against this Act if the\ndefendant proves that the act or omission constituting the offence\nwas reasonably necessary in the circumstances in order to avert,\neliminate or minimise danger to person or property.\n","sortOrder":108},{"sectionNumber":"105","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"105 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer knew,\nor could reasonably have been expected to have known, that\nthe contravention would happen; and\n\nElectricity Reform Act 2000 61\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\ndeclared provision means:\n(a) section 14(1), 31(1), 42(6) or (7), 67(1), 68(1), 69, 70(4),\n71(1), 78(3), 79(3), 80(4), 81(3), 89(1) or 90(1); or\n(b) a provision of the Regulations prescribed by regulation.\n\nElectricity Reform Act 2000 62\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":109},{"sectionNumber":"106","sectionType":"section","heading":"Continuing offence","content":"106 Continuing offence\n(1) A person found guilty of an offence against a provision of this Act in\nrespect of a continuing act or omission:\n(a) is liable, in addition to the penalty otherwise applicable to the\noffence, to a penalty for each day during which the act or\nomission continued of not more than one-fifth of the penalty\nprescribed for that offence; and\n(b) is, if the act or omission continues after the conviction, guilty of\na further offence against the provision and liable, in addition to\nthe penalty otherwise applicable to the further offence, to a\npenalty for each day during which the act or omission\ncontinued after the conviction of not more than one-fifth of the\npenalty prescribed for the offence.\n(2) If an offence consists of an omission to do something that is\nrequired to be done, the omission will be taken to continue for as\nlong as the thing required to be done remains undone after the end\nof the period for compliance with the requirement.\n","sortOrder":110},{"sectionNumber":"107","sectionType":"section","heading":"Electricity entities not liable in certain circumstances","content":"107 Electricity entities not liable in certain circumstances\n(1) An electricity entity, or an officer or employee of the electricity\nentity, is not liable for damages or any penalty arising out of a\npartial or total failure to supply electricity to a customer unless the\nfailure is due to an act or omission done or made by the electricity\nentity or the officer or employee in bad faith or through negligence.\n(2) An electricity entity, or an officer or employee of the electricity\nentity, is not liable for damages or any penalty for supplying to a\ncustomer electricity by an irregular or fluctuating voltage or because\nof a frequency deviation unless the irregular or fluctuating voltage\nor the frequency deviation is due to an act or omission done or\nmade by the electricity entity or the officer or employee in bad faith\nor through negligence.\n(3) An electricity entity may enter into an agreement with a person\nvarying or excluding the operation of this section and this section, to\nthe extent of the agreement, does not apply.\n\nElectricity Reform Act 2000 63\n","sortOrder":111},{"sectionNumber":"108","sectionType":"section","heading":"Protection from liability","content":"108 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function in the administration or enforcement of\n(2) Subsection (1) does not affect any liability the Territory or the\nUtilities Commission would, apart from that subsection, have for the\nact or omission.\n(3) A person referred to in subsection (1) includes the following:\n(a) a system controller;\n(b) a person referred to in section 38(4) when exercising a power\nor performing a function under section 38;\n(c) an employee or contractor of the retailer of last resort when\nperforming functions or exercising powers under Part 3,\nDivision 5.\n(4) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n","sortOrder":112},{"sectionNumber":"109","sectionType":"section","heading":"Evidence","content":"109 Evidence\n(1) If, in any legal proceedings, a person is alleged to have held a\nspecified appointment under this Act at a specified time, the\nallegation is taken to have been proved in the absence of proof to\nthe contrary.\n(2) In any legal proceedings, an apparently genuine document\npurporting to be a certificate of the Utilities Commission certifying:\n(a) that a person was or was not the holder of a licence at a\nspecified date or as to the particulars or conditions of a\nlicence; or\n(b) as to the giving and contents of an order, direction, delegation,\nexemption, approval or authorisation by the Utilities\nCommission,\nconstitutes proof of the matters so certified in the absence of proof\nto the contrary.\n\nElectricity Reform Act 2000 64\n(5) In any legal proceedings, an apparently genuine document\npurporting to be a certificate of an authorised officer certifying as to\nthe giving and contents of a direction by the officer under this Act,\nconstitutes proof of the matters so certified in the absence of proof\nto the contrary.\n(6) If, in any legal proceedings, a person is alleged to have acted\nwithout proper authority or a specified approval required under this\nAct, the absence of such authority or approval will be presumed in\nthe absence of proof that such authority or approval in fact existed\nor had been given.\n","sortOrder":113},{"sectionNumber":"110","sectionType":"section","heading":"Service","content":"110 Service\n(1) A notice or other document required or authorised to be given to or\nserved on a person under this Act may be given or served:\n(a) by delivering it personally to the person or an agent of the\nperson; or\n(b) by leaving it for the person at the person's place of residence\nor business with someone apparently over the age of\n16 years; or\n(c) by posting it to the person or agent of the person at the\nperson's or agent's last known place of residence or business.\n(2) Without limiting the effect of subsection (1), a notice or other\ndocument required or authorised to be given to or served on a\nperson may, if the person is a body corporate, be given to or served\non the person in accordance with section 109X of the Corporations\nAct 2001 (Cth).\n(3) If a notice or other document is required or authorised to be given\nto or served on the holder of a licence under this Act and the\nlicence is held by 2 or more persons, it is sufficient for the purposes\nof this Act if the notice or other document is given to or served on\nany one of those persons.\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"Regulations","content":"111 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nElectricity Reform Act 2000 65\n(2) Without limiting subsection (1), the Regulations may deal with the\nfollowing matters:\n(a) the generation, transmission, distribution, sale and supply of\nelectricity;\n(b) the construction, installation and positioning of electricity\ninfrastructure and electrical installations;\n(c) technical and operational requirements and standards and\nmonitoring and enforcing compliance with the prescribed\nrequirements and standards;\n(d) system control and electricity market operations;\n(da) the making or amending of any technical code established\nunder this Act, including the following:\n(i) consultation before a technical code is made or\namended;\n(ii) the matters that must, or may, be included in, or covered\nby, a technical code;\n(iii) the effect or operation of a technical code in specified\ncircumstances;\n(iv) the publication of a technical code, and the provision of a\ntechnical code to other parties;\n(db) matters to be included in a consumer protection framework;\n(dc) the operation of the retailer of last resort provisions of the\nRetail Code, including the following:\n(i) notifications to customers and other affected persons in\nrelation to a failed retailer and the transfer of the\ncustomers to the retailer of last resort;\n(ii) the duration and termination of any arrangements for the\nsupply of electricity under the retailer of last resort\narrangements;\n(iii) other rights, powers and duties of the Utilities\nCommission, a failed retailer, the retailer of last resort,\ncustomers or other persons or entities involved in or\naffected by the retailer of last resort arrangements;\n\nElectricity Reform Act 2000 66\n(e) the exemption (conditionally or unconditionally) of persons or\noperations from the application of this Act or specified\nprovisions of this Act;\n(f) fees to be paid in respect of any matter under this Act and the\nrecovery, refund, waiver or reduction of those fees;\n(g) provide for the payment of a prescribed amount instead of a\npenalty that may otherwise be imposed for an offence against\nthis Act or regulations made under this Act and for the service\nof a notice relating to payment of the amount on a person\nalleged to have committed the offence and the particulars to\nbe included in that notice; and\n(h) penalties not exceeding 100 penalty units for offences against\nthe Regulations.\nNote for subsection (2)(da)\nTransitional provisions consequent on the repeal of the Electricity Networks\n(Third Party Access) Act 2000, and relating to network technical codes, are\nincluded in Part 4, Division 4 of the National Electricity (Northern Territory)\n(National Uniform Legislation) Act 2015.\n(3) If the Regulations grant an exemption from the requirement to hold\na licence under Part 3, the Regulations may require a person\nexempted from the requirement to be treated as an electricity entity\nfor the purposes of specified provisions of this Act.\n(4) The Regulations may provide that any act or thing, or kind of act or\nthing, of or relating to an electricity entity or a related body\ncorporate of an electricity entity is authorised for a particular period\nfor the purposes of Part IV of the Competition and Consumer\nAct 2010 (Cth).\n(6) The Regulations may:\n(a) be of general application or limited in application according to\nthe persons, areas, times or circumstances to which they are\nexpressed to apply;\n(b) provide that a matter or thing in respect of which regulations\nmay be made is to be determined, regulated or prohibited\naccording to the discretion of the Minister or the Utilities\nCommission; and\n(c) refer to or incorporate, wholly or partially and with or without\nmodification, any standard or other document prepared or\npublished by a body referred to in the Regulations, as is in\nforce from time to time or as in force at a particular time.\n\n","sortOrder":115},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for National Electricity (Northern Territory) (National","content":"Part 10 Transitional matters for National Electricity (Northern Territory) (National\nUniform Legislation) Act 2015\nElectricity Reform Act 2000 67\nPart 9 Repeals and transitional matters for Electricity\nReform Act 2000\n112 Repeal\nThe Acts listed in Schedule 1 are repealed.\n113 Transitional\n(1) In this section, repealed Act means the Acts repealed by\nsection 112.\n(2) If immediately before the commencement of this section a person\nheld a licence granted under the repealed Act, the Utilities\nCommission must on that commencement grant the person a\nlicence under Part 3 to carry on operations in the electricity supply\nindustry that the person was permitted to carry on under the licence\ngranted under the repealed Act.\n(3) A licence granted in accordance with subsection (2):\n(a) is subject to the same terms and conditions that applied to the\nlicence granted under the repealed Act; and\n(b) remains in force for the remainder of the period for which it\nwas granted under the repealed Act.\n(4) Despite the repeal of the repealed Act, the Electricity By-laws 1981\ncontinue in force as if section 112 had not commenced.\n(5) In this Act, a reference to the Regulations includes the Electricity\nBy-laws 1981 referred to in subsection (4).\n(6) Subsection (4) ceases to apply 6 months after the commencement\nof this section.\nPart 10 Transitional matters for National Electricity\n(Northern Territory) (National Uniform\nLegislation) Act 2015\n","sortOrder":116},{"sectionNumber":"114","sectionType":"section","heading":"Definitions","content":"114 Definitions\nIn this Part:\n","sortOrder":117},{"sectionNumber":"2015","sectionType":"section","heading":"Act means Part 5 of the National Electricity (Northern","content":"2015 Act means Part 5 of the National Electricity (Northern\nTerritory) (National Uniform Legislation) Act 2015.\n\n","sortOrder":118},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015","content":"Part 11 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nElectricity Reform Act 2000 68\n","sortOrder":119},{"sectionNumber":"115","sectionType":"section","heading":"Continuation of network technical codes","content":"115 Continuation of network technical codes\n(1) On 1 July 2015, an existing technical code for a network becomes a\nNetwork Technical Code in force under section 66A for that\nnetwork.\n(2) In this section:\nexisting technical code means a network technical code and\nnetwork planning criteria that are in force under clause 9 of the\nNetwork Access Code immediately before 1 July 2015.\n","sortOrder":120},{"sectionNumber":"116","sectionType":"section","heading":"References to transferred provisions","content":"116 References to transferred provisions\n(1) A reference in an existing document to clause 9(2) to (6) of the\nNetwork Access Code includes a reference to section 66A, unless\nthe context otherwise requires.\n(2) A reference in an existing document to a provision of Chapter 3\n(other than clauses 24, 25, 31 and 34) or Chapter 9 of the Network\nAccess Code includes a reference to the corresponding provision of\nany regulations made under section 111(2)(d), unless the context\notherwise requires.\n(3) In this section:\nexisting document means an Act or other document that was\nmade before 1 July 2015.\nPart 11 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n","sortOrder":121},{"sectionNumber":"117","sectionType":"section","heading":"Offences – before and after commencement","content":"117 Offences – before and after commencement\n(1) Section 105, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 7 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n\n","sortOrder":122},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional matters for Electricity Legislation Amendment Act 2023","content":"Part 13 Transitional matters for Electricity Legislation Amendment Act 2023\nElectricity Reform Act 2000 69\n(2) Section 105, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n","sortOrder":123},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional matters for Electricity Reform","content":"Part 12 Transitional matters for Electricity Reform\nLegislation Amendment Act 2021\n","sortOrder":124},{"sectionNumber":"118","sectionType":"section","heading":"Continuation of technical codes","content":"118 Continuation of technical codes\n(1) A System Control Technical Code in force immediately before the\ncommencement:\n(a) remains in force after the commencement; and\n(b) is taken to be a Code made under section 37B.\n(2) A Network Technical Code in force immediately before the\ncommencement:\n(a) remains in force after the commencement; and\n(b) is taken to be a Code made under section 37F.\n(3) In this section:\ncommencement means the commencement of Part 2 of the\nElectricity Reform Legislation Amendment Act 2021.\nPart 13 Transitional matters for Electricity Legislation\nAmendment Act 2023\n","sortOrder":125},{"sectionNumber":"119","sectionType":"section","heading":"Definition","content":"119 Definition\nIn this Act:\namending Act means the Electricity Legislation Amendment\nAct 2023.\n\nPart 13 Transitional matters for Electricity Legislation Amendment Act 2023\nElectricity Reform Act 2000 70\n","sortOrder":126},{"sectionNumber":"120","sectionType":"section","heading":"Superseded references","content":"120 Superseded references\nFrom the commencement of section 4 of the amending Act, in any\ncode, licence, instrument, contract or document of any other kind:\n(a) a reference to a contestable customer or a non-contestable\ncustomer is taken to be a reference to a customer; and\n(b) a reference to an access agreement is taken to be a reference\nto a connection agreement.\n","sortOrder":127},{"sectionNumber":"121","sectionType":"section","heading":"Saving of electricity pricing orders","content":"121 Saving of electricity pricing orders\nAn electricity pricing order made under section 44 that is in force\nimmediately before the commencement of section 8 of the\namending Act:\n(a) continues in force according to its terms after the\ncommencement of section 8 of the amending Act; and\n(b) is taken to have been made under section 44 as in force after\nthat commencement.\n","sortOrder":128},{"sectionNumber":"122","sectionType":"section","heading":"Saving of Retail Code","content":"122 Saving of Retail Code\n(1) The Retail Code made under regulation 2A of the Utilities\nCommission Regulations 2001 as in force immediately before the\ncommencement of section 24 of the amending Act continues in\nforce after the commencement of section 44B of this Act and is\ntaken to have been authorised under that section.\n(2) From the commencement of section 44B, a reference to\nregulation 2A of the Utilities Commission Regulations 2001 in any\ncode, licence, instrument, contract or document of any other kind is\ntaken to be a reference to section 44B.\n\nElectricity Reform Act 2000 71\nsection 112\nElectricity Commission Ordinance 1978 No. 27, 1978\nElectricity Commission Act 1979 No. 79, 1979\nElectricity Commission Act (No. 2) 1979 No. 101, 1979\nElectricity Commission Act (No. 3) 1979 No. 120, 1979\nElectricity Commission Amendment Act 1980 No. 13, 1981\nElectricity Commission Amendment Act 1981 No. 77, 1981\nElectricity Commission Amendment Act 1982 No. 6, 1982\nElectricity Commission Amendment Act 1985 No. 17, 1985\nElectricity Commission Amendment Act (No. 2) 1985 No. 42, 1985\nElectricity Commission Amendment Act 1986 No. 30, 1986\nElectricity Commission Amendment Act (No. 2) 1986 No. 73, 1986\nElectricity Commission Amendment Act 1987 No. 21, 1987\nElectricity Amendment Act 1988 No. 37, 1988\nElectricity Amendment Act 1993 No. 33, 1993\nElectricity Amendment Act 1999 No. 41, 1999\n\nElectricity Reform Act 2000 72\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nElectricity Reform Act 2000 (Act No. 10, 2000)\nAssent date 21 March 2000\nCommenced 1 April 2000 (Gaz S14, 31 March 2000)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nElectricity Reform Amendment Act 2001 (Act No. 34, 2001)\nAssent date 19 July 2001\nCommenced 19 July 2001\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz, S2, 24 January 2012);\nrem: 25 November 2011 (Gaz,S68, 25 November 2011)\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\n\nElectricity Reform Act 2000 73\nConsumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010\n(Act No. 41, 2010)\nAssent date 8 December 2010\nCommenced 1 January 2011 (Gaz S71, 20 December 2010)\nEmergency Management Act 2013 (Act No. 27, 2013)\nAssent date 8 November 2013\nCommenced 27 November 2013 (Gaz S63, 27 November 2013)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nNational Electricity (Northern Territory) (National Uniform Legislation) Act 2015 (Act\nNo. 16, 2015)\nAssent date 22 May 2015\nCommenced pt 2 and pt 4, div 2: 1 July 2016;\npt 4 divs 3 and 4: 1 July 2019; pt 5: 1 July 2015;\nrem: 22 May 2015 (s 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nNational Electricity (Northern Territory) (National Uniform Legislation) Consequential\nAmendment Regulations 2019 (SL No. 16, 2019)\nNotified 1 July 2019\nCommenced 1 July 2019 (r 2)\nUtilities Legislation Amendment Act 2020 (Act No. 16, 2020)\nAssent date 24 April 2020\nCommenced 25 April 2020 (s 2)\nElectricity Reform Legislation Amendment Act 2021 (Act No. 23, 2021)\nAssent date 18 November 2021\nCommenced 19 November 2021 (s 2)\nElectrical Safety Act 2022 (Act No. 3, 2022)\nAssent date 14 April 2022\nCommenced 1 July 2024 (s 2(2))\nElectricity Legislation Amendment Act 2023 (Act No. 26, 2023)\nAssent date 1 November 2023\nCommenced pts 2 and 4: 1 July 2024 (s 2(2) and Gaz S54, 26 June 2024);\nrem: 31 October 2023 (s 2(1))\n\nElectricity Reform Act 2000 74\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 6, 13, 16, 17, 23, 24, 27,\n32, 38, 40, 42, 44, 48, 51, 57, 59, 66, 66A, 72, 86 and 113.\n4 LIST OF AMENDMENTS\nlt amd No. 3, 2022, s 268\ns 3 amd No. 3, 2022, s 269\ns 4 amd No. 17, 2001, s 21; No. 44, 2005, s 35; No. 16, 2015, s 46; SL No. 16,\n2019, r 4; No. 23, 2021, s 4; No. 3, 2022, s 270; No. 26, 2023, s 4\npt 2\ndiv 2 hdg rep No. 3, 2022, s 271\nss 7 – 9 rep No. 3, 2022, s 271\ns 10 amd No. 38, 2010, s 4\nrep No. 3, 2022, s 271\nss 11 – 12 rep No. 3, 2022, s 271\ns 14 amd No. 38, 2010, s 4; SL No. 16, 2019, r 5\ns 19 amd No. 34, 2001, s 2; No. 38, 2010, s 4; No. 16, 2015, s 47\ns 21 amd No. 26, 2023, s 15\ns 22 amd SL No. 16, 2019, r 6\ns 23 sub No. 26, 2023, s 5\ns 26 amd No. 26, 2023, s 15\ns 27 amd No. 16, 2015, s 48; No. 3, 2022, s 272; No. 26, 2023, s 15\ns 28 sub No. 26, 2023, s 6\ns 29 amd No. 16, 2015, s 49\nrep No. 26, 2023, s 6\ns 31 amd No. 38, 2010, s 4\ns 32 amd No. 26, 2023, s 15\ns 36 amd No. 26, 2023, s 7\ns 37A ins No. 30, 2010, s 33\npt 3\ndiv 2A hdg ins No. 23, 2021, s 5\nss 37B – 37K ins No. 23, 2021, s 5\ns 38 amd No. 16, 2015, s 50; No. 23, 2021, s 6\ns 40 amd No. 16, 2015, s 51; No. 26, 2023, s 15\ns 42 amd No. 38, 2010, s 4; No. 16, 2015, s 52\ns 41 sub No. 3, 2022, s 273\ns 42 amd No. 26, 2023, s 15\ns 43 amd No. 16, 2015, s 53; No. 26, 2023, s 15\ns 45 amd No. 38, 2010, s 4\ns 44 amd No. 16, 2020, s 4; No. 26, 2023, s 8\npt 3\ndiv 5A ins No. 26, 2023, s 9\nss 44A – 44K ins No. 26, 2023, s 9\ns 49 amd No. 26, 2023, s 15\ns 54 amd No. 38, 2010, s 4\ns 57 amd No. 19, 2014, s 26\ns 59 amd No. 45, 2000, s 11\ns 60 amd No. 3, 2022, s 274\ns 63 amd No. 3, 2022, s 275\npt 4\ndiv 4 hdg rep No. 3, 2022, s 276\ns 64 rep No. 3, 2022, s 276\n\nElectricity Reform Act 2000 75\npt 4\ndiv 5 hdg amd No. 3, 2022, s 277\ns 66 amd No. 27, 2013, s 128\npt 4\ndiv 6 hdg ins No. 16, 2015, s 54\nrep SL No. 16, 2019, r 7\ns 66A ins No. 16, 2015, s 54\nrep SL No. 16, 2019, r 7\npt 5 hdg rep No. 3, 2022, s 278\nss 67 – 69 amd No. 38, 2010, s 4\nsub No. 3, 2022, s 278\nss 70 – 71 amd No. 38, 2010, s 4\nrep No. 3, 2022, s 278\ns 72 amd No. 16, 2015, s 55; No. 3, 2022, s 279\ns 74 amd No. 38, 2010, s 4\ns 77 amd No. 3, 2022, s 280\nss 78 – 80 amd No. 38, 2010, s 4\nrep No. 3, 2022, s 281\ns 81 amd No. 38, 2010, s 4\npt 6\ndiv 3 hdg ins No. 3, 2022, s 282\ns 81A ins No. 3, 2022, s 282\ns 82 rep No. 3, 2022, s 283\ns 83 amd No. 3, 2022, s 284\ns 84 amd No. 3, 2022, s 285\ns 86 amd No. 45, 2000, s 11; No. 26, 2023, s 15\ns 87 amd SL No. 16, 2019, r 8; No. 3, 2022, s 286\ns 87A ins SL No. 16, 2019, r 9\nsub No. 26, 2023, s 10\ns 88 amd No. 3, 2022, s 287\ns 89 amd No. 38, 2010, s 4\ns 90 amd No. 38, 2010, s 4; No. 26, 2023, s 15\ns 91 amd No. 26, 2023, s 15\ns 92 amd No. 3, 2022, s 288\nrep No. 26, 2023, s 11\nss 94 – 95 amd No. 8, 2016, s 45\nss 96 – 99 amd No. 38, 2010, s 4\nrep No. 3, 2022, s 289\nss 100 – 102 amd No. 38, 2010, s 4\ns 103 amd No. 3, 2022, s 290\ns 105 sub No. 26, 2015, s 20\namd No. 3, 2022, s 291\ns 108 amd No. 34, 2001, s 3\nsub No. 26, 2023, s 12\ns 109 amd No. 3, 2022, s 292; No. 26, 2023, s 15\ns 110 amd No. 17, 2001, s 21; No. 26, 2023, s 15\ns 111 amd No. 41, 2010, s 30; No. 16, 2015, s 56; SL No. 16, 2019, r 10; No. 23,\n2021, s 7; No. 3, 2022, s 293; No. 26, 2023, s 13\npt 9 hdg ins No. 26, 2015, s 22\ns 112 amd No. 16, 2015, s 57\npt 9 hdg ins No. 16, 2015, s 58\nrep No. 26, 2015, s 21\npt 10 hdg ins No. 26, 2015, s 21\nss 114 – 116 ins No. 16, 2015, s 58\npt 11 hdg ins No. 26, 2015, s 23\ns 117 ins No. 26, 2015, s 23\npt 12 hdg ins No. 23, 2021, s 8\ns 118 ins No. 23, 2021, s 8\n\nElectricity Reform Act 2000 76\npt 13 hdg ins No. 26, 2023, s 14\nss 119 – 122 ins No. 26, 2023, s 14\nsch hdg amd No. 16, 2015, s 59\nsch 2 ins No. 16, 2015, s 60\nrep SL No. 16, 2019, r 11","sortOrder":129}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as reprinted shows material additions and programmatic changes since its original enactment. Mechanically it began as a licence‑and‑standards framework (licensing, technical standards and Utilities Commission oversight – ss14, 24, 37) and has been extended to include: an explicit retail framework with a Retail Code and retailer‑of‑last‑resort arrangements (Division 5A, ss44A–44K); formalised System Control and Network Technical Code processes (ss37B–37J); closer alignment and cross‑reference to National Electricity (NT) Law and Rules (definitions and code obligations in s4 and s26(1)(c)); expanded Ministerial pricing powers (s44) and transitional arrangements tying prior codes and orders into the current scheme (Parts 9–13). Those additions increase regulatory reach into retail customer protection, market continuity (RoLR), technical code governance and price control, shifting scope from purely licensing/technical standards to a broader market‑operation and contingency framework (see ss44A–44K, ss37B–37F, s44 and Parts 10–13)."},"complexity_factors":["Multiple licence classes and layered licence conditions with wide discretion for the Utilities Commission (ss14, 16, 24–32)","Extensive delegation and interaction with technical codes made by different actors (system controller, network provider, Minister) with approval/publication rules (ss37B–37J)","Strong Ministerial discretion including broad price‑setting powers via electricity pricing orders (s44)","Operational emergency and takeover powers that can override commercial arrangements (ss38, 41–42)","Detailed enforcement regime with entry, seizure, information powers and criminal penalties (ss72–81, 100–103)","Cross‑references and integration with external frameworks (National Electricity (NT) Law/Rules, AER) and numerous transitional provisions (s4 definitions; Parts 10–13)","Regulatory complexity from exemptions, registers and special provisions (ss87–89, 87A)","Administrative compliance burdens (fees, annual returns, audits, reporting, connection agreements) (ss15, 19, 24(1)(d), 21(3))","Narrow appeal rights and time limits that compress litigation windows (ss83–84)","Significant technical and operational detail that requires specialised implementation (network operation, system control, safety cross‑references like Electrical Safety Act 2022 referenced throughout)"],"plain_english_summary":"What this law does, mechanically\n\n- Establishes a licensing and regulatory framework for anyone who generates, owns/operates a network, sells (retails) electricity or exercises system control in the Northern Territory electricity supply industry (licence required – s14; licences issued, varied, suspended or cancelled by the Utilities Commission – ss15–16, 32, 36).  \n- Gives the Utilities Commission licensing, price‑regulation and advisory functions (s6), and declares the electricity supply industry a regulated industry (s13).  \n- Creates technical‑code processes for network and system control (System Control Technical Code and Network Technical Code) that must be published and, in many cases, approved or distributed to the Utilities Commission and other bodies (ss37B–37J).  \n- Authorises a system controller to monitor and direct operation of the power system (including switching generators or shedding loads) and to recover costs for actions taken (s38; ss39–40).  \n- Gives the Utilities Commission power to take over an entity's operations in specified circumstances and to appoint an operator to run them (ss41–42).  \n- Provides two routes for price regulation: the Utilities Commission may make determinations (s43) and the Minister may issue electricity pricing orders with broad powers to set or cap prices or revenue (s44).  \n- Sets out a retail framework including a Retail Code to support retail competition and consumer protection, and a retailer‑of‑last‑resort (RoLR) mechanism for failed retailers (ss44A–44K).  \n- Confers significant operational powers on electricity entities and their officers (e.g. entry, inspection, disconnection, works on public land, easements) and on authorised officers who enforce the Act (ss52–63; ss56–59; ss72–81).  \n- Provides exemptions from licensing in defined circumstances and a public register of exemptions (ss87, 87A, 88).  \n- Imposes criminal and civil penalties for non‑compliance (e.g. no licence – s14; contravening licence condition – s31; breach of exemption – s89), and includes provisions on liability, evidence, appeals and transitional arrangements (Parts 6–13 and Schedule 1).\n\nStated purpose and then a practical test\n\n- The Act states its objects as promoting efficiency and competition, efficient generation/transmission/distribution/sale, technical and reliability standards, financial viability of the industry, and consumer protection (s3).  \n\nHow the Act implements those objects, and what that means in practice (costs, incentives, discretion and likely effects)\n\nWho pays and where costs fall\n\n- Applicants and licensees bear direct administrative costs: application fees set to meet the Utilities Commission's reasonable costs (s15(2)); annual licence fees fixed by the Minister to contribute to administrative costs (s19(1), (3)); obligations to provide annual returns and to be audited may impose further costs (s19(2), s24(1)(d)).  \n- System controller may recover charges for system control (s39).  The RoLR scheme allows recovery of costs incurred by the retailer of last resort by a cost recovery scheme the Utilities Commission determines (s44G).  \n- Owners of land inside a declared distribution extension area may be required to pay capital contributions for network extensions (s86).\n\nDiscretion and decision‑making\n\n- The Utilities Commission exercises wide discretion over licensing, licence conditions, variation, transfer, exemptions and price determinations (ss15–16, 24, 32–36, 43).  \n- The Minister retains broad intervention powers: issuing electricity pricing orders with detailed price‑setting powers (s44) and directing system controller/network provider to prepare or advise on technical codes (ss37C, 37G).  \n- Technical codes can be made by system controller or network provider but, where made by those parties, approval or publication and involvement by the Utilities Commission/AER is required (ss37B–37J).\n\nCompliance burden and implementation risk\n\n- Licence conditions can require audits, accounting records, reporting of changes in officers/shareholders, maintenance of networks and separation of related businesses (ss24(1)(c)–(e), 26(1)(g), 26(1)(h), 28(1)(a)).  \n- Enforcement powers include entry, inspection, seizure and information directions (ss76–81) and criminal penalties for specified contraventions (e.g. s14, s31).  These powers create operational and legal compliance costs and potential litigation/exposure risk.  \n- The Act cross‑references and integrates with National Electricity (NT) Law and Rules and other Commonwealth/territory regimes (definition references in s4; specific code and rules obligations in s26(1)(c)), creating implementation dependencies and transitional complexity (Parts 10–13).\n\nEffects on private enterprise, competition and contract freedom\n\n- Licensing restricts who may lawfully operate in the market and enables the Utilities Commission to set licence conditions that can limit activities (e.g. prohibit buying/selling electricity by network operators except for limited purposes – s26(1)(d)). This confers gatekeeping power (s14, s16, s26).  \n- The Retail Code and RoLR provisions explicitly aim to support retail competition while protecting customers (ss44A–44C, 44D–44F). The RoLR arrangements transfer customers and certain operational responsibilities but expressly displace prior contracts and do not make the RoLR liable for the failed retailer's pre‑transfer liabilities (s44E(3)–(4); s44F).  \n- Licence conditions may require business separation for related corporates (ss26(1)(h), 28(1)(a), 30(1)(a)), affecting corporate organisation and contracting.  \n- Network owners/operators have statutory rights to operate networks in specified areas and may be required to grant access under connection agreements, but those access rights are subject to connection agreements and Utilities Commission determinations where agreement fails (ss21(3), 25(1)(d), 26(1)(j)).\n\nPotential concentrated benefits, gaps and risks (mechanisms, not judgements)\n\n- Entities holding network licences obtain territorial operating rights (s22(1)), while the Utilities Commission and Minister retain licensing and price controls that can alter commercial returns (ss16, 44). That combination concentrates operational benefits in licence‑holders but subjects them to regulatory conditions and price orders.  \n- The system controller has operational primacy to direct generators and other participants for system security (s38). That power can override commercial dispatch or contract performance in service of reliability; costs of system actions can be recovered from entities required to comply (s38(4)–(5)).  \n- Exemptions (s87, 87A) and regulations (s111) permit selective relief from licensing and extensive delegated rule‑making, which creates space for tailored treatment but also discretion that must be managed administratively.\n\nWho decides, who is affected, and how behaviour is likely to change\n\n- Decisions: Utilities Commission (licensing, codes approval, cost recovery schemes), the Minister (pricing orders, directions about technical codes), system controller (operational directions), and authorised/electricity officers (enforcement).  \n- Affected parties: prospective and current generators, network owners/operators, electricity retailers (including the retailer of last resort), customers (residential and commercial), landowners in extension areas, and persons who must comply with technical codes or provide information (ss3, 14, 19, 37B–37F, 44A–44K, 86).  \n- Behavioural effects: operators must budget for licence and reporting costs, design operations to meet technical codes and licence conditions, maintain contingency planning for RoLR events, and expect directions from system controller and the Utilities Commission that may change operating plans or impose costs.\n\nKey statutory sections for quick reference: licensing and offences (s14, s31), Utilities Commission functions (s6), system controller powers (s38), price regulation (s43–44), retail/RoLR framework (ss44A–44K), technical codes (ss37B–37J), entry and enforcement powers (ss56–63, 72–81), exemptions (ss87–87A)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2092},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 2000 to establish basic industry licensing and promote competition, the Act has expanded significantly beyond its original scope. It now serves as an interface statute with the National Electricity (Northern Territory) Law (2015 amendments), incorporates detailed technical code governance mechanisms (2021 amendments), and includes comprehensive consumer protection and retailer failure management systems including the Retailer of Last Resort framework (2023 amendments). The legislation has evolved from a standalone regulatory scheme to a complex hybrid of direct territorial regulation and national market integration."},"complexity_factors":["Extensive cross-referencing to external legislation including the National Electricity (NT) Law, National Electricity (NT) Rules, Utilities Commission Act 2000, Electrical Safety Act 2022, and Corporations Act 2001 (Cth)","47 defined terms in the interpretation section (section 4), many referring to complex concepts like 'dedicated connection assets', 'RoLR transfer events', and 'related body corporate'","Nested conditional logic and exceptions, particularly in section 27 (limitation on obligation to connect) which contains 8 distinct exception categories","Dual regulatory framework requiring navigation between Territory law and national uniform legislation, with specific displacement provisions for Commonwealth corporations law","Multi-layered transitional provisions spanning four separate amendment acts (Parts 10-13) with saving clauses for repealed provisions and superseded references","Technical code mechanisms (Division 2A) with separate creation, approval, publication, and sunset procedures for System Control and Network Technical Codes","Complex interplay between Ministerial powers (price regulation, technical codes) and independent regulatory functions (Utilities Commission licensing)","Retailer of Last Resort provisions (Division 5A) involving statutory vesting of contracts, automatic termination rights, and cost recovery schemes"],"plain_english_summary":"**What this law does**\n\nThis is the Northern Territory's main law for regulating the electricity industry. It sets up a system to ensure power companies operate safely, compete fairly, and keep the lights on for customers.\n\n**Who it affects**\n- **Power companies** (generators, network operators, retailers) who must hold licences and follow strict rules\n- **Customers** (homes and businesses) who buy electricity\n- **The Utilities Commission** (the independent regulator that issues licences and investigates complaints)\n- **The Minister** who can set prices and make technical codes in some circumstances\n\n**Key things the law covers**\n\n- **Licences**: You cannot generate electricity, operate power lines, or sell electricity to customers without a licence from the Utilities Commission. The Commission can refuse, suspend, or cancel licences if companies break the rules.\n\n- **Technical standards**: The law requires \"technical codes\" that set the rules for how the power system operates safely and reliably. These cover everything from how generators connect to the grid to how the system controller manages electricity flows.\n\n- **Retailer of Last Resort**: If your electricity retailer goes bust (bankruptcy or licence cancellation), this law ensures you don't lose power. A government-backed retailer takes over your supply immediately, and your old contract is terminated without you paying exit fees.\n\n- **Price control**: The Minister can issue orders setting maximum prices for electricity, especially to protect residential customers. The Utilities Commission also regulates prices for certain customer groups.\n\n- **Powers of entry**: Licensed electricity officers can enter properties to read meters, check safety, disconnect dangerous installations, or investigate theft of electricity. They must show ID and usually need a warrant or your consent, unless it's an emergency.\n\n- **Consumer protection**: The Utilities Commission must investigate complaints against power companies. Companies cannot cut off supply to people facing financial hardship except as a last resort.\n\n- **Infrastructure protection**: Power lines and substations are protected as separate property (they don't become part of the land they're on) and cannot be ripped out by creditors if a company gets into financial trouble.\n\n- **Enforcement**: The law creates offences for operating without a licence, breaking licence conditions, giving false information, or obstructing officials. Company directors can be personally liable if they fail to prevent their company breaking the law."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-reform-act-2000","history":"/api/acts/electricity-reform-act-2000/history","analysis":"/api/acts/electricity-reform-act-2000/analysis","conflicts":"/api/acts/electricity-reform-act-2000/conflicts","importantCases":"/api/acts/electricity-reform-act-2000/important-cases","documents":"/api/acts/electricity-reform-act-2000/documents"}}